THE PUBLIC 
 
 STATUTE LAWS 
 
 OP THE 
 
 STATE OF CONNECTICUT, 
 
 AS REVISED AND ENACTED BY THE 
 
 GENERAL ASSEMBLY, 
 
 IN MAY, 1821, 
 
 WITH THE ACTS OP THE THREE SUBSEQUENT SESSIONS IKCOKFORATJD J 
 
 TO WHICH ARE PREFIXED 
 
 THE DECLARATION OF INDEPENDENCE, THE CONSTITUTION OF THE 
 UNITED STATES, AND THE CONSTITUTION OP CONNECTICUT. 
 
 PREFARED AND PUBLISHED UNDER THE 
 
 AUTHORITY OF THE GENERAL ASSEMBLY, 
 
 HARTFORD : 
 
 PUBLISHED BY H. HUNTINGTON, JR. 
 
 BEJ-'JAMIJJ H. NORTON., 
 
 1824.
 
 DISTRICT OP CONNECTICUT, S. S. 
 
 TJE IT REMEMBERED : That on tbe twenty-fourth day of September, in 
 1,. 55. J) the f orty . n - intn year O f tne independence of the United States of Ameri- 
 ca, H. HUNTINGTON, JR. of the said district, hns deposited in this office the title of ! 
 Book, the right whereof he claims as proprietor, in the words fol OWHIJ 
 public Statute Laws of the State of Connecticut, as revised and enactei 
 eral Assembly, in May 1821, with the acts of the three subsequent sessions incorporat- 
 ed; to wbich are prefixed the Declaration of Independence, the Constitution of the 
 United States, and the Constitution of Connecticut. Prepared and published under 
 the authority of the General Assembly." 
 
 In conformiU to the act of the Congress of the UNITED STATES, entitled, An 
 " act for the encouragement of learning, by securing the copies of Maps, Charts and 
 " Books, to the authors and proprietors of such copies, during the times therein men- 
 " tioned." 
 
 CHARLES A. INGERSOLL, 
 
 Clerk of the District of Connecticut 
 A true copy of Record, examined and sealed by me, 
 
 CHARLES A. INGERSOLL, 
 
 Clerk of the ftiitrici of Connecticut. 
 
 "
 
 J1D VER TISEMEJV T. 
 
 AT the Session of the General Assembly in May, 1824, the 
 following Resolution was passed : 
 
 " Resolved by this Assembly, That SKTH P. BEERS, THOMAS DAY, and 
 LEMUEL WHITMAN, Esquires, be a Committee to superintend the printing of 
 a new edition of the Revised Statutes, about to be published by H. Hunting- 
 /on, Jr. book-seller ; with power to correct any typographical errors that 
 have been or may be, discovered, in the edition of 1821 ; to incorporate 
 them with, or annex thereto, according to their discretion, the Public Acts 
 since passed, omitting both in the revised and additional Statutes, particular 
 acts of incorporation, but inserting general provisions relating to corpora- 
 tions ; and to make such additions in the Index, as they may deem neces- 
 sary and proper ; provided the same be done free from any expense to the 
 State." 
 
 In pursuance of the powers above specified, the undersign- 
 ed have prepared the present edition of the Statutes. All the 
 provisions of a public and permanent nature, passed since the 
 late revision, have been inserted in the body of the Code : 
 such as altered the provisions of the revised acts being incor- 
 porated with such acts, in the place of the provisions altered, 
 or superseded ; such as extended former provisions being 
 annexed thereto, generally in the same section, but sometimes 
 constituting new sections ; and such as formed new subjects of 
 legislation, of which the number is small, being introduced 
 under new Titles, arranged alphabetically, with the others. 
 A new Index, intended to be more particular and complete 
 than the former one, has been compiled, by the publisher, un- 
 der our direction. 
 
 SETH P. BEERS, 
 THOMAS DAY, 
 LEMUEL WHITMAN. 
 HARTFORD, November 1, 1824.
 
 PREFACE 
 
 TO THE EDITION REVISED AND PUBLISHED 7JV 182J, 
 
 THE first settlers of Connecticut were distinguished by a sincere and 
 ardent attachment to the principles of civil and religious liberty, as well as a 
 just sense of the necessity of law and government for its security and protec- 
 tion. Animated with the prospect of obtaining this object, they abandoned 
 the land of their fathers, and carne to the wilds of America. They com- 
 menced a settlement at the towns of Hartford, Windsor, and Wethefsfield, in. 
 1635, under a temporary commission from the colony of Massachusetts, 
 where they first landed, and from whence they removed hither : but on 
 discovering they were without that jurisdiction, they, in 1639, established a 
 government for themselves. 
 
 It is interesting to contemplate the little band of heroic adventurers, in a 
 wilderness, surrounded by savage nations, and struggling for their existence, 
 calmly and deliberately laying the foundation of a commonwealth, upon prin- 
 ciples of freedom, unknown to the country from which they emigrated, and 
 which has secured the most invaluable blessings to their posterity. Here is 
 one of the few instances, where the people, in a state of nature, (as our an- 
 cestors, in a political view, then were,) have had a fair opportunity to con- 
 vene in a body, and by mutual assent, enter into a state of society, and fornj 
 ihe social contract. Here is an instance, in which a government has been 
 instituted, by voluntary compact, and a constitution framed, agreeably to 
 (he wishes, and for the sole benefit, of the people. 
 
 In that rude age, unacquainted with the true theory of government, they 
 did not attempt to distribute the several powers to different departments. 
 A governor and six magistrates were to be annually chosen, by all the free- 
 men ; and representatives from each town; who constituted the general 
 court, in which all power was concentrated. But as the people retained the 
 privilege of an annual election of their rulers, they had ample security for 
 their civil rights ; and it was emphatically a government of the people. 
 
 Our ancestors were as solicitous to frame a good code of laws, as they 
 were to establish a good form of government. Instead of servilely adhering 
 to the complicated laws of their native country, they were ambitious of 
 Traming a code for themselves, better adapted to their condition and state 
 of society, and more consonant to their enlarged viows of civil liberty. 
 No act was ever passed, formally recognising or defining the authority of
 
 Vl PREFACE. 
 
 the common law. It was, by general consent, considered to be their law, 
 *o far as it was applicable to their circumstances, and not varied by tt 
 own regulations. For a while, the legislature enacted statutes, as occasio 
 required ; but they soon directed their minds to the framing of a complel 
 code Accordingly, in 1646, they requested Mr. Ludlow, a disungut 
 jurist, and a leading character, to compile a body of laws for the common 
 weath Owing to the novelty and difficulty of the undertaking, it was n 
 completed till 1650. The code was digested under proper heads, and com 
 prised the Statutes then in force, with the necessary additional regulations, 
 and was well adapted to the state of things at that early age. 
 
 The year 1652, was an important op-ch in the political and j-.mdic 
 tory of our country. Thouph our ancestors had formed a constitution, by 
 their own authority, yet as they considered themselves to be a componc 
 part of the British empire, they applied to the British Crown for a charter, 
 and governor Winthrop was appointed an agent to solicit the royal favour. 
 Such was the address with which the application was managed, or so favor- 
 able was that particular time to the wishes of the applicants, that they ob- 
 tained from Charles II. a charter bottomed on the constitution they had 
 formed by voluntary compact, which not only secured the most extensive 
 rights and privileges, but rendered them almost independent of the British 
 crown. It is inexplicable, that such a monarch as Charles, who had so little 
 regard for the rights of his subjects at home, should have given to a distant 
 colony such extensive power? : but he had no anticipation, that by the lib- 
 eral charters he was granting to the colonies in America, he was cherishing 
 a spirit, which at a future day, would divest the sceptre of his successors of 
 one of its brightest gems, and lay the foundation of a Republic, which has 
 not its parallel in the annals of the world, for the freedom of its constitution, 
 the energy of its character, and the extent of its territory. By the charter, 
 the whole power was vested in a governor, lieutenant-governor, and twelve 
 senators, or assistants, as they were called, and representatives from the 
 several towns, to be chosen annually by the freemen. They had an unlim- 
 ited authority to erect judicatories, to appoint officers, and to establish all 
 necessary laws and regulations. A government, more popular, in form, and 
 in principle, can hardly be imagined ; and yet so strong has been the sense 
 always entertained, by the people, of the duty and necessity of subordina- 
 tion to law and government, that no violence, tumult, or convulsion has been 
 experienced. This charter comprehended the colony of New-Haven, which 
 was coeval with Connecticut, and nearly similar in laws and manners 
 The two colonies were thus incorporated into one. 
 
 Our ancestors considered it an important object, that the statutes should 
 be plain and concise, so as to be accessible to every capacity. Accordingly, 
 at an early period, they adopted the excellent practice of revising them, at 
 proper intervals of time, by which they were greatly abridged and simpli- 
 fied, and rendered much more intelligible. 
 
 In 1671, as sundry additional acts had been passed, after the promulga- 
 tion f the code, and as the new charter had produced a change in their 
 government, it was thought proper a revision should be made, to reduce 
 them to a uniform code. The governor, lieutenant-governor, and a majori-
 
 PREFACE. vtr 
 
 ty of the assistants, were appointed for that purpose ; who completed the 
 work, so that it was approved by the legislature, in 1672. 
 
 Before this time the laws had been promulgated, by written copies, and 
 by directing them to be read in the respective towns. But as this mode had 
 become inconvenient, the new code was directed to be printed ; which 
 was accordingly done, at Boston, with a preface strongly characteristic of 
 the manners and sentiments of the age, breathing the most ardent piety to 
 their God, the sincerest loyalty to their sovereign, and the deepest solici- 
 tude for the welfare of the people. The address was " To our beloved 
 brethren and neighbors, the inhabitants of the colony of Connecticut, the 
 general court of that colony wish grace and peace in our Lord Jesus." 
 Among the rest is this passage. " Now, in. these our laws, although we 
 may seem to vary or differ, yet it is not our purpose to repugn the Statute 
 laws of England, so far as \ve understand them. ; professing ourselves always 
 ready and willing to receive light for emendation or alteration, as we may 
 have opportunity ; our whole aim in all being to please and glorify God, to 
 approve ourselves loyal subjects to our sovereign, and to promote the wel- 
 fare of his people, in all godliness and honesty, in peace, which will be the 
 more establishing to his majesty's crown and dignity, and best answer his 
 religious directions to us in our charter: And that pure religion and unde- 
 nted before God, according to the gospel of our Lord Jesus, may be main- 
 tained amongst us, which was the end of the first planters, who settled these 
 foundations, and ought to be the endeavor of those that shall succeed, to 
 uphold and encourage unto all generations." 
 
 The division and arrangement of the code of 1650, was retained, and the 
 additional statutes were inserted, in their proper places. In this code, we 
 find those wise and peculiar regulations, by which our country has been 
 distinguished. Political liberty and civil rights are placed on the most 
 favorable footing. The early legislators, not unmindful of the hardship and 
 oppression under which their ancestors had groaned, from the feodal bur- 
 dens and restraints on lands, declared, that all lands should be free from all. 
 fines and licences for alienation, and from all heriots, wardships, liveries, 
 primer seisins, year and day, waste, escheats, and forfeitures ; and should 
 be holden by the tenure of free and common socage, the freest tenure in 
 England ; so thatevery landholder had an absolute dominion and property 
 in the soil, with the power of disposing of it, as he pleased ; and being se- 
 cured in the fruits of his labor, was animated by the highest inducement to 
 cultivation and improvement. 
 
 Instead of following the practice of their native country, in the complica- 
 ted mode of. civil process, and the endless labyrinth of forms in legal pro- 
 ceedings, they adopted a concise and plain mode of bringing the parties 
 before the court ; and they proceeded in the trial of the cause without cir- 
 cuity or delay, and with a facility and dispatch, that- greatly contributed to 
 promote the ends of justice. Instead of volumes to detail the practice of 
 the several courts, a few pages are sufficient for that purpose ; and the 
 merits of the cause are brought to view, on the trial, with as much clearness, 
 certainty, and fairness, as where the most complicated forms of the com- 
 mon law are made use of.
 
 PREFACE. 
 
 In this code, we find the institution of towns, ecclesiastical societies, and 
 common schools, which have produce! a most important effect on socict 
 No institutions can be better calculated than towns to manage the m.nute 
 and local concerns of the community. Accordingly, they were charged 
 with the duty of supporting the poor, and of making and repairing road? 
 and bridges, with various oilier powers of considerable importance. They 
 were enabled to hold meetings, to make by-laws, and to appoint the neces 
 sary officers, of various descriptions, to execute the powers, and discharge 
 the duties, confided to the towns. Here, the people meet in primary assem- 
 blies ; and, in the exercise of their authority, constitute, in miniature, a real 
 democracy. Here, the energies of the nation may be called forth, in the 
 most effectual manner, in a popular cause ; and it was by the instrumental 
 ityof towns, that Connecticut made such astonishing efforts in the struggle 
 that led to the independence of our country. 
 
 Our ancestors, having smarted bitterly under, the rod of persecution, in 
 their native country, established their ecclesiastical constitution on a very 
 liberal basis. They wholly renounced the canon law, which had been the 
 source of the most intolerable and diversified abuse and oppression, in the 
 countries where it had been admitted ; they gave to the people the power 
 of selecting teachers, agreeable to their wishes, instead of receiving them 
 from the mandate of the lord of the manor, who had no interest in their 
 spiritual welfare ; and they authorized them to provide, by a convenient 
 mode, for the support of the gospel ministry, instead of subjecting them to 
 the payment of tithes, a tax not only extremely odious and inconvenient, 
 bat which operates as a severe check on the industry of the people, and 
 the improvements of agriculture. 
 
 Our ancestors were sensible of the immense superiority of a well inform- 
 ed people, over the ignorant and illiterate ; and it was the special object 
 of their attention to establish a system of education, that should extend the 
 means of instruction to every individual. For this purpose, common schools 
 were established in every ecclesiastical society ; and there has rarely been, 
 an instance of a person, who could not read and write, and who did not un- 
 derstand enough of arithmetic for the ordinary business of life. And now, 
 by the liberal fund established for the support of schools, every child, 
 whether poor or rich, has an opportunity of acquiring a good common edu- 
 cation, free from expense; a provision of far greater consequence to pre- 
 serve and perpetuate our civil rights, than all the constitutional checks and 
 balances that can be devised by the wit of man. 
 
 In these institutions, the people constitute, in their individual capacity, 
 an important part of the government. This gives them a personal interest 
 and influence in the administration of it, and a consideration and conse- 
 quence unknown to despotic governments, where therulersaieevery thing, 
 and the people nothing. Hence, they derive a dignity and independence 
 of sentiment peculiar to freemen, and that singular spirit of enterprise, and 
 energy of character, the effects of which have been displayed in almost ev- 
 ery part of the globe. 
 
 In 1696, so many new statutes had been made as to rendera revision use' 
 fal and proper ; and John Allyn, James Fitch, and Eleazer Kimberly, the 
 two former being assistants, and the latter secretary, were appointed a
 
 PREFACE. i> 
 
 sotaniittee to revise the? Statutes, and to consider what alterations and ad 
 ditions were necessary to render them more effectual in maintaining right- 
 eousness, and promoting the weal and prosperity of the nation. This re- 
 vision was completed in 1700; but the edition was not published till 1702. 
 
 Another edition was published in 1714, comprising the additional statutes 
 then in force. 
 
 In 1742, the subject again came under the consideration of the legisla- 
 ture ; and foger Wolcoit, Thomas Filch, Jonathan Trumbull,and John Bulk- 
 ley, the three former of whom were succeessively governors of the colony, 
 and the latter a judge of the superior court, were appointed a committee to 
 revise he statutes, with the usual powers, except astoacts relating to real 
 estate, in which no alteration was to be made. This w r ork was completed, 
 approved, and published in 1750. Governor Fitch, who was an eminent 
 lawyer at that day, is said to have had the principal agency in performing 
 the work. The statutes were much compressed, and arranged in a different 
 and bet'er form ; but without any material alterations or additions. 
 
 In 1769, a new edition, with the additional statutes, were found necessary 
 
 The dissolution of our connexion with the British empire, accelerated 
 another revision of the statutes, within a shorter period than usual. So 
 slight had been our connexion with that government, and so little had they 
 interfered in our internal concerns, that the transition from a dependent to 
 a sovereign state, was almost imperceptible. No alteration was necessary, 
 but to erase the name of " His Majesty," from our legal proceedings, and 
 insert the name and authority of the state ; and the administration of the 
 government proceeded in the same manner as before the declaration of in- 
 dependence. Of course, instead of fratninga new constitntion, it was deem- 
 ed sufficient to continue that in force, which had originated from the con- 
 sent of the people. A revision, however, of the laws, was necessary, to 
 adapt them to the new order of things. Accordingly, on the return of 
 peace, in 1783, Richard Law and Roger Sherman, then judges of the superi- 
 or court, were invested with power to digest all the statutes relating to the 
 same subject into one ; and to reduce the whole to a regular alphabetical 
 order, with such alterations, additions, exclusions, and amendments, as 
 they should judge expedient. This revision was completed, and adopted, 
 in January, 1784, at an adjourned session of the general assembly, holden 
 for that purpose. In this revision, the temporary and repealed statutes 
 were omitted ; the arrangement was simplified and improved ; and many 
 valuable emendations and additions were introduced. 
 
 In 1795, the statutes again underwent a partial revision. Chauncey Good- 
 rich, Jonathan Brace, and Enoch Perkins were appointed a committee, with 
 powers limited to compile and expunge ; and they confined their labors to 
 bringing together the several statutes relating to the same subject, and to 
 expunging those, which had been superseded or repealed, or had grown ob- 
 solete, or had expired. This was approved of, in 1796 ; and an edition was 
 published accordingly. 
 
 So soon as the year 1807, another edition was found to be necessary ; 
 and on the application of Hudson fy Goodwin, printers in Hartford, Gover- 
 nor Treadwell, Enoch Perkins and Thomas Day, were appointed a commit- 
 tee to superintend the publication, with power to omit those which were
 
 x PREFACE. 
 
 repealed, and to insert notes of the times when the statutes were passed r 
 with marginal notes. This committee divided the statutes into titles, chap- 
 ters, and sections, expunged the statutes wholly repealed, noted the sections 
 of st Uiites which had been repealed, and added many historical and ex- 
 planatory notes, and references to the periods when the several provisions 
 Were originally passed. 
 
 Though the people had long acquiesced under the form of government 
 derived from the charter, and sanctioned by the legislature; yet it was 
 considered by ninny, that we had no constitution, as our government under 
 the cnarter had never received tne explicit approbation of the people, sub- 
 sequent to the declaration of independence. It was also < onsidered to be 
 inconsistent with the dignity of a free nation, to hold their rights, even 
 nominally, by the tenure of a royal grant ; and that it was proper the pow- 
 ers of the government should be divided into separate departments, and in- 
 dividual rights be secured, by a constitution, that should control the legisla- 
 ture itself. It was, therefore, thought adviseable to call a convention for 
 that object. Accordingly, in 1818, a convention was assembled, who agreed 
 upon a constitution, that was ratified by the people. The oiost prominent 
 advantages demed from it, are, that il divides the gov< rnment into three 
 branches, the legislative, the executive., and the judiciary, which are con- 
 fided to separate magistracies ; and also secures the independence of the 
 juiliciary, by a permanent appointment. 
 
 Tue constitution produced such an important change in our jurispru- 
 dence, that another revision became necessary ; and in May, 1819, Tfwmas 
 Day and Lemuel Whitman were appointed a committee, to examine the 
 statute laws, and to recommend such alterations and provisions as should 
 be necessary and expedient to render the statutes conformable to the consti- 
 tution. They reported to the legislature, in 1820, a bill to repeal certain 
 statutes, incompatible with the provisions of the constitution ; and, after 
 pointing out the defects ot our code, they suggested, that to remedy these 
 defects would require a general revision of the statutes. Accordingly, at 
 this lime, the undersigned were appointed a cemmittee, with ample pow- 
 ers for that purpose ; and having undertaken to pertorm that duty, they 
 made the following report to the legislature, at their session, in May, 1821. 
 
 " To the Honorable General Assembly of the State of Connecti- 
 cut, now m session. 
 
 "The committee,appointed at the last session, to revise the statutes of this state 
 REPORT, That they have attended to the subject confided to them, 
 and now lay before the legislature an entire revision of the public statute?, 
 as the result ol their labors. Impressed with the importance and utility of 
 revising and amending the statute laws of the state, at proper intervals of 
 time, and especially at this period, when the adoption of a new constitu- 
 tion forms an interesting aera in our judicial history, the committee have 
 not hesitated to exercise, in their full extent, the ample powers given them, 
 in an attempt to present to their fellow-citizens, a concise, perspicuous and 
 comprehensive code, in conformity to the views and wishes of the legisla- 
 ture.
 
 PREFACE. xi 
 
 t: The difficulty of diffusing a general knowledge of a voluminous code, 
 and the perplexity and confusion arising from au intermixture of laws in 
 force and not in force, have induced the committee to omit all statute?, and 
 parts of statutes, which have been directly repealed, or superseded 1/y new 
 provisions, or become obsolete by the change of manners and customs, or 
 inconsistent with the sentiments of the age, or repugnant to the principles 
 and spirit of the constitution. As nothing contributes more to facilitate the 
 acquisition of the knowledge of a science, than a methodical arrangement 
 and distribution of the parts, it has been a principal object with the commit- 
 tee, under appropriate and comprehensive titles, to bring together all the 
 statutes, and parts of statutes, relating to the same subject, in their natural 
 order and connexion, so as to exhibit a systematic view of the whole, in the 
 most intelligible form. In doing this, they have sometimes varied the phra- 
 seology, and have suggested such additions and alterations as they judged 
 would tend to improve and complete our judicial system The statutes, 
 which have been enacted since the adoption of the constitution, have re- 
 quired very little variation ; and as nearly the whole ground of legislation 
 has been occupied, it has been thought expedient to propose but few new 
 provisions. As it would render this report too voluminous to detail minute- 
 ly the additions, alterations and new provisions, which have been recom- 
 mended, with the reasons therefor, this subject is reserved for oral commu- 
 nication and explanation. 
 
 " The repetition of similar regulations, though relating to different sub- 
 jects, has been avoided, as far as possible. The powers and privileges 
 granted to cities, by the various acts incorporating them, are nearly the 
 same. These have been embodied in one act, of nearly the same length, 
 that each would have required separately. The same has been done with 
 regard to boroughs. This was found to be impracticable with regard to 
 banks ; but by omit'ing temporary regulations, the acts incorporating them 
 have been greatly abridged. 
 
 " Acts wholly of a private nature, such as those which relate to manufac- 
 turing, insurance, and aqueduct companies, and the like, have been omit- 
 ted, as they would greatly increase the size of the volume of statutes, 
 without answering any public purpose. If it should, however, be deemed 
 adviseable, they can be retained ; and they might be very much shortened, 
 by the omission of temporary provisions. As it is not intended, that pri- 
 vate rights, vested by statute, should be affected by this revision, it is re- 
 commended to remove all doubt, that an act be passed, declaring that 
 private rights shall not be prejudiced in any manner, by the omission or 
 alteration of any statute, and shall remain the same as if no revision had 
 taken place. 
 
 " The statutes, by this revision, will probably be reduced to about one 
 third of their present size ; and will comprehend every regulation of a pub- 
 lic nature, now in practical operation. It is interesting to contemplate the 
 conciseness, perspicuity, and simplicity of our code, in comparison with 
 what it would have been, had the acts been retained as they were passed, 
 from the origin of the government. One volume, of a moderate size, will 
 contain a body of statutes, as general, and comprehensive in their regula- 
 tions, as will be found in many volumes, in countries where they have been 
 continued in the original form in which they were first promulgated. Our 
 citizens, with little difficulty and expense, can become acquainted with the 
 laws that govern their daily conduct ; but where no revision is ever made.
 
 .xii PREFACE. 
 
 the statute law becomes so unwieldy and complicated as to be out of the 
 reach of the body of the people ; and they are compelled to depend on the 
 advice the opinion, and the information of professional men, in the most 
 common concerns of life. To have conferred on their fellow citizens such 
 an inestimable benefit, will reflect the highest credit on the patriotism of 
 the legislature ; and it is a source of the purest satisfaction to the commit- 
 tee, to have contributed their exertions to promote the welfare of a com- 
 munity, whose free constitution they ardently pray may be perpetual." 
 
 Such of the acts thus reported, as had received but little alteration, were 
 referred to joint committees for examination. The others were brought 
 before the general assembly, in the form of original bills, and were fully 
 considered in each house. The statutes omitted by the committee of revi- 
 sion, were examined by a joint committee, with instructions to report 
 whether any of them ought to be retained, [n the course of the session, 
 the whole subject under^ ent a patient and careful investigation ; and the 
 reported acts were adopted by the legislature, with such omissions, addi- 
 tions and alterations, as they thought proper to make ; and at the close, 
 an act was passed, confirming them as the laws of the state, and repealing 
 all others, with suitable savings for the protection of vested rights, and the 
 public convenience. The undersigned were then appointed a committee 
 to superintend the printing and publication. We were particularly instruct- 
 ed and authorized to arrange the statutes under proper titles, in alphabetical 
 order, accompanied with such marginal notes and references as should 
 seem proper; to prefix thereto the declaration of Independence, the Con- 
 stitution of the United States, and the Constitution of this State ; to subjoin 
 a general index ; and to correct any errors that might intervene in the pub- 
 lication. These powers we have endeavored to execute, with a fidelity, 
 proportioned, in some degree, to their importance. 
 
 ZEPHANIAH SWIFT, 
 LEMUEL WHITMAN, 
 THOMAS DAY. 
 NOVEMBER 1st, 1821.
 
 DECLARATION OF INDEPENDENCE, 
 
 In Congress, July 4th, 1776. 
 
 THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED 
 STATES OF AMERICA. 
 
 WHEN, in the course of human events, .it becomes propriety of 
 necessary for one people to dissolve the political bands the declaration 
 which have connected them with another, and to assume, 
 among the powers of the earth, the separate and equal 
 station, to which the laws of nature and of nature's God 
 entitle them, a decent respect to the opinions of mankind 
 requires, that they should declare the causes, which im- 
 pel them to the separation. 
 
 We hold these truths to be self-evident That all men Unalienable 
 are created equal ; that they are endowed by their Crea- rights of the 
 tor with certain unalienable rights ; that among these P e P le > &c - 
 jire life, liberty, and the pursuit of happiness: That to 
 secure these rights, governments are instituted among 
 men, deriving their just powers from the consent of the 
 governed ; that whenever any form of government be- 
 comes destructive of these ends, it is the right of the 
 people to alter or to abolish it, and to institute new gov- 
 ernment, laying its foundation on such principles, and 
 organizing its powers in such form, as to them shall seem 
 most likely to effect their safety and happiness. Pru- 
 dence, indeed, will dictate, that governments long estab- 
 lished should not be changed for light and transient cau- 
 -es; and accordingly all experience hath shown, that 
 mankind are more disposed to suffer, while evils are suf- 
 ferable, than to right themselves, by abolishing the forms 
 to which they are accustomed. But when a long train 
 of abuses and usurpations, pursuing invariably the same 
 object, evinces a design to reduce them under absolute 
 despotism, it is their right, it is their duty, to throw off 
 such government, and to provide new guards for their 
 future security. Such has been the patient sufferance of 
 these colonies ; and such is now the necessity which con- 
 strains them to alter their former systems of govern- 
 ment. The history of the present king of Great-Bri- 
 tain, is a history of repeated injuries and usurpations, all 
 having in direct object the establishment of an absolute Absolute tyran- 
 tyranny over these states. To prove this, let facts be Z^toXt** 
 submitted to a candid world. Great-Britain. 
 
 .
 
 2 DECLARATION OF INDEPENDENCE. 
 
 Recitation of fj e j ias re f use d his assent to laws the most wholesomr, 
 on an< l necessary for the public good 
 
 the part of the He has forbidden his governors to pass laws of imme- 
 Britisn crown. <Jiate and pressing importance, unless suspended in their 
 operation, till his assent should be obtained ; and when 
 so suspended, he has utterly neglected to attend to them. 
 He has refased to pass other laws for the accommoda- 
 tion of large districts of people, unless those people 
 would relinquish' the right of representation in the legis- 
 lature a right estimable to them, and formidable to 
 tyrants only. 
 
 He has called together legislative bodies at places un- 
 usual, uncomfortable, and distant from the repository of 
 their public records, for the sole purpose of fatiguing them 
 into compliance with his measures. 
 
 He has dissolved representative houses repeatedly, for 
 opposing, with manly firmness, his invasions on the rights 
 of the people. 
 
 He has refused, for a long time after such dissolutions, 
 to cause others to be elected ; whereby the legislative 
 powers, incapable of annihilation, have returned to the 
 people at large, for their exercise ; the state remaining, 
 in the mean time, exposed to all the dangers of invasion 
 from without, and convulsions within. 
 
 He has endeavoured to prevent the population of 
 these states ; for that purpose, obstructing the laws for 
 naturalization of foreigners ; refusing to pass others to 
 encourage their migration hither, and raising the condi- 
 tions of new appropriations of lands. 
 
 He has obstructed the administration of justice, by 
 refusing his assent to laws for establishing judiciary 
 powers. 
 
 He has made judges dependent on his will alone, for 
 the tenure of their offices, and the amount and payment 
 of their salaries. 
 
 He has erected a multitude of new offices, and sent 
 hither swarms of officers, to harass our people, and eat 
 out their substance. 
 
 He has kept among us, in times of peace, standing ar- 
 mies, without the consent of our legislatures. 
 
 He has affected to render the military independent of, 
 and superior to, the civil power. 
 
 He has combined with others to subject us to a juris- 
 diction foreign to our constitution, and unacknowledged 
 by our laws ; giving his assent to their acts of pretended 
 legislation : 
 
 For quartering large bodies of armed troops among
 
 DECLARATION OF INDEPENDENCE. 
 
 For protecting them, by a mock trial, from punish- 
 ment for any murders which they should commit on the 
 inhabitants of these states : 
 
 For cutting off our trade with all parts of the world : 
 
 For imposing taxes on us without our consent : 
 
 For depriving us, in many cases, of the benefits of tri- 
 al by jury : 
 
 For transporting us beyond seas to be tried for pre- 
 tended offences : 
 
 For abolishing the free system of English laws in a 
 neighboring province, establishing therein an arbitrary 
 government, and enlarging its boundaries, so as to render- 
 it, at once, an example and fit instrument for introducing, 
 the same absolute rule into these colonies : 
 
 For taking away our charters, abolishing our most val- 
 uable laws, and altering, fundamentally, the forms of our 
 governments : 
 
 For suspending our own legislatures, and declaring 
 themselves invested with power to legislate for us in all 
 cases whatsoever. 
 
 He has abdicated government here, by declaring us 
 out of his protection, and waging war against us. 
 
 He has plundered our seas, ravaged our coasts, burnt 
 our towns, and destroyed the lives of our people. 
 
 He is, at this time, transporting large armies of for- 
 eign mercenaries to complete the works of death, deso- 
 lation, and tyranny, already begun, with circumstances of 
 cruelty and perfidy, scarcely paralleled in the most bar- 
 barous ages, and totally unworthy the head of a civilized 
 nation. 
 
 He has constrained our fellow citizens, taken captive 
 on the high seas, to bear arms against their country, to 
 become the executioners of their friends and brethren, 
 or to fall themselves by their hands. 
 
 He has excited domestic insurrections amongst us, and 
 lias endeavoured to bring on the inhabitants of our fron- 
 tiers the merciless Indian savages, w r hose known rule of 
 warfare is an undistinguished destruction of all ages, sex- 
 es and conditions. 
 
 In every stage of these oppressions we have petitioned Petitions fa? 
 for redress, in the most humble terms: our repeated peti- ^yto^&J*" 
 tioris have been answered only by repeated injury. A 
 prince, whose character is thus marked by every act which 
 may define a tyrant, is unfit to be the rulerof a free people. 
 
 Nor have we been wanting in attention to our British Appeal to the 
 brethren. We have warned them, from time to time, of S, s e , P eop le ' 
 attempts, by their legislature, to extend an unwarranta- 
 ble jurisdiction over us. AVe have reminded them of 
 the circumstances of our emigration and settlement here.
 
 Declaration of 
 independence. 
 
 The colonies 
 absolved from 
 their allegi- 
 ance, &c. 
 
 Mutual pledge 
 of fidelity. 
 
 DECLARATION OF INDEPENDENCE. 
 
 We have appealed to their native justice and magnanim- 
 ity ; and we have conjured them, by the ties of our com- 
 mon kindred, to disavow these usurpations, which would 
 inevitably interrupt our connexions and correspondence. 
 They, too, have been deaf to the voice of justice, and 
 of consanguinity. We must, therefore, acquiesce in the 
 necessity, which denounces our separation, and hold them- 
 as we hold the rest of mankind, enemies in war, in peace 
 friends. 
 
 We, therefore, the representatives of the United 
 States of America, in general congress assembled, ap- 
 pealing to the Supreme Judge of the world, for the rec- 
 titude of our intentions, do, in the name and by the au- 
 thority of the good people of these colonies, solemnly 
 publish and declare, that these united colonies are, and 
 of right ought to be, free and independent states ; that 
 they are absolved from all allegiance to the British 
 crown, and that all political connexion between them 
 and the state of Great-Britain, is, and ought to be, total- 
 ly dissolved ; and that as free and independent states, 
 they have full power to levy war, conclude peace, con- 
 tract alliances, establish commerce, and to do all other 
 acts and things, which independent states may of right 
 do. And for the support of this declaration, with a firm 
 reliance on the protection of Divine Providence, we 
 mutually pledge to each other our lives, our fortunes, 
 and our sacred honour. 
 
 The foregoing declaration was, by order of congress,, 
 engrossed, and signed by the following members : 
 
 JOHN HANCOCK. 
 
 NEW-HAMPSHIRE. 
 Josiah Bartlett, 
 William Whipple, 
 Matthew Thornton. 
 
 MASSACHUSETTS BAY. 
 
 Samuel Adams, 
 John Adams, 
 Robert Treat Paine, 
 Elbridge Gerry. 
 
 RHODE-ISLAND, &C. 
 
 Stephen Hopkins, 
 William Ellery. 
 
 CONNECTICUT. 
 
 Roger Sherman, 
 Samuel Huntington, 
 William Williams, 
 Oliver Wolcott. 
 
 NEW-YORK. 
 
 William Floyd, 
 Philip Livingston, 
 Francis Lewis, 
 Lewis Morris. 
 
 NEW JERSEY. 
 
 Richard Stockton, 
 John Witherspoon, 
 Francis Hopkinson, 
 John Hart, 
 Abraham Clark. 
 
 PENNSYLVANIA. 
 
 Robert Morris, 
 Benjamin Rush, 
 Benjamin Franklin, 
 John Morton, 
 George Clymer,
 
 CONSTITUTION OF THE UNITED STATES. 
 
 James Smith, 
 George Taylor, 
 James Wilson, 
 George Ross. 
 
 DELAWARE. 
 
 Caesar Rodney, 
 George Read, 
 Thomas M'Kean. 
 
 MARYLAND. 
 
 Samuel Chase, 
 William Paca, 
 Thomas Stone, 
 Charles Carroll, of Car- 
 VIRGINIA. [rolton. 
 George Wythe, 
 Richard Henry Lee, 
 Thomas Jefferson. 
 
 Benjamin Harrison, 
 Thomas Nelson, jr. 
 Francis Lightfoot Lee, 
 Carter Braxton. 
 
 NORTH-CAROLINA. 
 
 William Hooper, 
 Joseph Hewes, 
 John Penn. 
 
 SOUTH-CAROLINA. 
 
 Edward Rutledge, 
 Thomas Heyward, jr. 
 Thomas Lynch, jr. 
 Arthur Middleton. 
 
 GEORGIA. 
 
 Button Gwinnert, 
 Lyman Hall, 
 George Walton. 
 
 CONSTITUTION OF THE UNITED STATES. 
 
 WE, the people of the United States, in order to form 
 a more perfect union, establish justice, ensure domestic 
 tranquillity, provide for the common defence, promote 
 the general welfare, and secure the blessings of liberty to 
 ourselves and our posterity, do ordain and establish this 
 constitution for the United States of America. 
 
 ARTICLE I. 
 
 SECTION 1. 
 
 1 . All legislative powers herein granted, shall be vest- Legislative 
 ed in a congress of the United States, which shall consist P owers vest 
 of a senate and house of representatives. 
 
 SECTION 2. 
 
 1. The house of representatives shall be composed of 
 members chosen every second year, by the people of the 
 several states ; and the electors in each state shall have 
 the qualifications requisite for electors of the most nu- 
 merous branch of the state legislature. 
 
 2. No person shall be a representative, who shall not 
 have attained the age of twenty-five years, and been 
 seven years a citizen of the United States, and who shall 
 not. when elected, be an inhabitant of that State in which 
 he shall be chosen. 
 
 House of rep- 
 resentatives ; 
 its members ; 
 by whom cho- 
 sen ; qualifica- 
 tions of elec- 
 tors. 
 
 Qualifications 
 of representa- 
 tives.
 
 CONSTITUTION OF TttE UNITED STATES- 
 
 Representa- 3. Representatives and direct taxes shall be appor- 
 
 tives and taxes ^j one( j amO ng the several states which may be included 
 tionetfaccord- within this union, according to their respective numbers, 
 ing to num- which shall be determined by adding to the whole num- 
 bers - ber of free persons, including those bound to service for 
 
 a term of years, and excluding Indians not taxed, three 
 Actual enume- fifths of all other persons. The actual enumeration shall 
 ration every ^ e made within three years after the first meeting of the 
 congress of the United States, and within every subse- 
 quent term of ten years, in such manner as they shall by 
 Limitation of law direct. The number of representatives shall not ex- 
 the ratio of rep- ceed one for every thirty thousand, but each state shall 
 resentation,&,c. j lave at j eagt one representative : and until such enumera- 
 tion shall be made, the state of New -Hampshire, shall be 
 Firstapportion- entitled to choose three ; Massachusetts eight ; Rhode-Isl- 
 meiit of repre- an ^ j Providence Plantations one : Connecticut five : 
 sentatives. ' 7 i 
 
 J\ew- York six ; New-Jersey tour ; Pennsylvania eight ; 
 
 Delaware one ; Maryland six 5 Virginia ten ; North- 
 Carolina five ; South-Carolina five ; and Georgia three. 
 
 Writs of elec- 4. When vacancies happen in the representation from 
 
 tion for filling any state, the executive authority thereof shall issue writs 
 
 vacancies. of election to fill such vacancies. 
 
 Th fao , 5. The house of representatives shall choose their 
 
 representatives speaker and other officers, and shall have the sole power 
 
 to choose of impeachment. 
 
 their speaker, 
 
 fce. 
 
 SECTION 3. 
 
 cho!en e by t0 the l ' The senate of the United States shall be composed 
 legislature of of two senators from each state, chosen by the legisla- 
 
 each state, for ture thereof, for six years ; and each senator shall have 
 6year S ;eacha onevote< 
 
 2. Immediately after they shall be assembled in con- 
 videdTnto three sec l uence of the first election, they shall be divided, as 
 classes. equally as may be, into three classes. The seats of the 
 
 senators of the first class, shall be vacated at the expira- 
 One third of tion of the second year, of the second class at the expi- 
 seats Vacated ra tion of the fourth year, and of the third class, at the 
 and filled, ev- expiration of the sixth year, so that one third may be 
 ery two years, chosen every second year ; and if vacancies happen by 
 
 resignation or otherwise, during the recess of the lecisla- 
 Executives of . ' c .. r 
 
 states to fill va- ture ot an J st ate, the executive thereof may make tempo- 
 cancies in the rary appointments until the next meeting of the legisla- 
 recess of legis- ture, which shall then fill such vacancies, 
 latures, &c. o AT i i ^ 
 
 J. INo person shall be a senator, who shall not have 
 
 Qualifications attained to the age of thirty years, and been nine years a. 
 of senators. citizen of the United States, and who shall not when 
 
 elected, be an inhabitant of that state for which he shall 
 
 be chosen.
 
 CONSTITUTION OF THE UNITED STATES. 
 
 4. The vice-president of the United States shall be Vice-President 
 president of the senate, but shall have no vote, unless 
 
 ihey be equally divided. 
 
 5. The senate shall choose their other officers, and Tne senate to 
 also a president pro tempore, in the absence of the vice- president p'ro 
 president, or when he shall exercise the office of presi- tempore, ic. 
 dent of the United States. 
 
 6. The senate shall have the sole power to try all im- Tlje sole power 
 peachments. When sitting for that purpose, they shall S^"^?" 
 be on oath or affirmation. When the president of the senate', &c. 
 United States is tried, the chief justice shall preside ; 
 
 and no person shall be convicted without the concur- 
 rence of two thirds of the members present. 
 
 7. Judgment, in cases of impeachment, shall not ex- Extent of judg- 
 tend further than to removal from office, and disqualifi- 
 
 cation to hold and enjoy any office of honor, trust, or ment. 
 profit, under the United States ; but the party convicted Part y. H ble a1 ' 
 shall, nevertheless, be liable and subject to indictment, ^ c . accord ing' 
 trial, judgment, and punishment, according to law. to law. 
 
 SECTION 4. 
 
 1. The times, places, and manner of holding elections Times, Sic. of 
 for senators and representatives, shall be prescribed in tionslor^ena- 
 each state, by the legislature thereof ; but the congress tors and repre- 
 may, at any time, by law, make or alter such regulations, sentatives, re- 
 except as to the places of choosing senators. 
 
 2. The congress shall assemble at least once in every Con g r ess to as- 
 
 j u A.- u ii i_ j.u j. ir j semble annual- 
 
 year ; and such meeting shall be on the first Monday in j y on tne nrst 
 
 December, unless they shall by law appoint a different Monday of De- 
 day, cember, he. 
 
 SECTION 5. 
 
 1. Each house shall be the judge of the elections, re- j,,dg e of "he 
 turns, and qualifications, of its own members ; and a ma- election of its 
 jority of each shall constitute a quorum to do business ; own members 
 but a smaller number may adjourn from day to day, and 
 
 may be authorised to compel the attendance of absent 
 members, in such manner, and under such penalties, as 
 each house may provide. 
 
 2. Each house may determine the rules of its proceed- Each house to 
 ings, punish its members for disorderly behaviour, and, detprmine '** 
 with the concurrence of two thirds, expel a member. 
 
 3. Each house shall keep a journal of its proceedings, Journals to he 
 
 and from time to time publish the same, excepting such ept b y eacn 
 
 house, and pub- 
 parts as may, in their judgment, require secrecy; and the Ushed, &c. 
 
 yeas and nays of the members of eithei* house on any 
 question, shall, at the desire of one fifth of those present, 
 be entered on the journal.
 
 ft CONSTITUTION OF THE UNITED STATES. 
 
 Adjournment 4. Neither house, during the session of congress, shall, 
 of both houses. w i t hout the consent of the other, adjourn for more than 
 
 three days, nor to any other place than that in which the 
 
 two houses shall be sitting. 
 
 SECTION 6. 
 
 r^reSaUves 1. The senators and representatives shall receive a 
 to be paid, &c. compensation for their services, to be ascertained by 
 Privileged from j^ and p^d out the treasury of the United States. 
 They shall, in all cases, except treason, felony and breach 
 of the peace, be privileged from arrest, during their at- 
 tendance at the session of their respective houses, and in 
 going to or returning from the same ; and for any speech 
 Concerningthe O r debate in either house, they shall not be questioned in 
 holding of offi- other olace 
 
 ces by senators anv { , ,, , . ., ,. 
 
 and representa- 2. No senator or representative shall, during the time 
 ves. for which he was elected, be appointed to any civil of- 
 
 fice under the authority of the United States, which shall 
 have been created, or the emoluments whereof shall have 
 been increased, during such time ; and no person holding 
 any office under the United States, shall be a member of 
 either house, during his continuance in office. 
 
 Revenue bills 
 
 to originate in SECTION 7. 
 
 the house of re- 
 presentatives, i. All bills for raising revenue shall originate in the 
 house of representatives ; but the senate may propose or 
 concur with amendments as on other bills. 
 
 Powers of the 2< Every bill, which shall have passed the house of 
 president and representatives and the senate, shall, before it become a 
 of congress in i aw? be presented to the President of the United States : 
 la^anf "he** if he approves he shall sign it ; but if not, he shall re- 
 form's of pro- turn it with his objections, to that house in which it 
 Ceding on bills s hall have originated, who shall enter the objections al 
 n that respect. j arge Qn their journal, and proceed to reconsider it. If, 
 after such reconsideration, two thirds of that house shall 
 agree to pass the bill, it shall be sent, together with the 
 objections, to the other house, by which it shall likewise 
 be reconsidered, and if approved by two thirds of thai 
 house, it shall become a law. But in all such cases, the 
 votes of both houses, shall be determined by yeas and 
 nays ; and the names of the persons voting for and 
 against the bill, shall be entered on the journal of each 
 house respectively. If any bill shall not be returned, 
 by the president, within ten days (Sundays excepted) af- 
 ter it shall have been presented to him, the same shall 
 be a law, in like manner as if he had signed it, unless 
 the congress, by their adjournment, prevent its return : 
 jn which case it, shall not be a law :
 
 CONSTITUTION OF THE UNITED STATES. 9 
 
 3. Every order, resolution, or vote, to which the con- Joint resolu- 
 
 currence of the senate and house of representatives may ' I0ns > e *cept 
 i / j.- c j- .LN i 11 tor adjourn- 
 
 oe necessary (except on a question of adjournment) shall ment, to re- 
 be presented to the president of the United States ; and ceive the same 
 before the same shall take effect, shall be approved by j^"^ 1011 as 
 him, or being disapproved by him, shall be re-passed by 
 two thirds of the senate and house of representatives, ac- 
 co -ding to the rules and limitations prescribed in the case 
 of a bill. 
 
 SECTION 8. 
 
 The congress shall have power 
 
 1. To lay and collect taxes, duties, imposts, and ex- Congress have 
 cises ; to pay the debts, and provide for the common de- power to lay 
 fence and general welfare of the United States ; but all taxes = fcc - 
 duties, imposts, and excises shall be uniform throughout 
 
 the United States : 
 
 2. To borrow money on the credit of the United To borrow 
 States : money. 
 
 3. To regulate commerce with foreign nations, and To regulate 
 among the several states, and with the Indian tribes : Commerce. 
 
 4. To establish an uniform rule of naturalization, and To establish 
 uniform laws on the subject of bankruptcies, throughout the C ule of " a ' 
 the United States: turalization, 
 
 5. To coin money, regulate the value thereof, and of 
 
 foreign coin, and fix the standard of weights and meas- c ^ mo ~ 
 ures : 
 
 6. To provide for the punishment of counterfeiting P u n ish?ng * *" 
 the securities and current coin of the United States : connterfeiters 
 
 7. To establish post-offices and post-roads : fo establish 
 
 8. To promote the progress of science and useful arts, post-offices, 
 by securing, for limited times, to authors and inventors, &IC - 
 
 the exclusive right to their respective writings and dis- To promote 
 coveries : science, &c. 
 
 9. To constitute tribunals inferior to the supreme TO constitute 
 court : To define and punish piracies and felonies com- inferior tribu- 
 mitted on the high seas, and offences against the law of nals ' tc - 
 nations : 
 
 10. To declare war, grant letters of marque and re- To declare 
 prisal, and make rules concerning captures on land and war> 
 water : 
 
 1 1 . To raise and support armies ; but no appropria- To raise ar- 
 tion of money to that use, shall be for a longer term than mies- 
 
 two years: - To provide a 
 
 12. 1 o provide and maintain a navy : navy: 
 
 13. To make rules for the government and regulation To make rule* 
 ! the land and naval forces : 
 
 14. To provide for calling forth the militia to execute v\- 
 
 4
 
 10 CONSTITUTION OF THE UNITED STATES. 
 
 To provide for the laws of the union, suppress insurrections, and repel 
 
 calling forth ; nvasions . 
 the militia. 
 
 15. To provide for organizing, arming and disciplining 
 
 e* the militia, and for governing such part of them as may 
 militia, &,c. be employed in the service of the United States, reserv- 
 ing to the states, respectively, the appointment of the 
 officers, and the authority of training the militia, accord- 
 ing to the discipline prescribed by congress : 
 
 To exercise jg. T O exercise exclusive legislation, in all cases what- 
 
 risdiction over s ever, over such district (not exceeding ten miles square) 
 
 a territorial as may, by cession of particular states, and the accept- 
 
 itrictcot ance of congress, become the seat of government of 
 
 miles square. the United States, and to exercise like authority over all 
 
 places purchased by the consent of the legislature of the 
 
 state in which the same shall be, for the erection of forts, 
 
 magazines, arsenals, dock yards, and other needful build- 
 
 ings : And 
 
 lawsTecessa" 1?> T m&ke a ! ] 1&WS which sha11 ^ necessar j an< * 
 to the execu- proper, for carrying into execution the foregoing pow- 
 tion of their ers, and all other powers vested by this constitution, ia 
 powers. t j ie government of the United States, or in any depart. 
 
 ment or officer thereof. 
 
 SECTION 9. 
 
 o[ * The migration or importation of such person as 
 not to be pro- any of the states, now existing, shall think proper to ad- 
 
 8r l 180B Ult|l>fr mit ' Sha11 not be prohibited by the congress, prior to the 
 year one thousand eight hundred and eight ; but a tax or 
 duty may be imposed on such importation, not exceed- 
 
 The writ of * n ^> ten ^^ ars ^ or acn person. 
 
 habeas corpus 2 - The privilege of the writ of habeas corpus shall not 
 
 recognized, be suspended, unless when, in cases of rebellion or inva- 
 
 s of at- sion ' * e P U ^ UC , safet y ma y re q uire * 
 
 tainder, or ex 3. JNo bill of attainder, or ex post facto law, shall be 
 post facto passed. 
 
 Direct taxes 4 *. No ca pitation, or other direct tax shall be laid, un- 
 according to ^ ess n proportion to the census or enumeration hereia 
 census. before directed to be taken. 
 
 duty" P nor 5 * No tax or dut j sna11 be laid on articles exported 
 
 preference of from any state. No preference shall be given, by any 
 aUoth S er te ia t0 re S ulation of commerce or revenue, to the ports of one 
 commerce. state over those of another ; nor shall vessels bound to 
 
 or from one state, be obliged to enter, clear, or pay du- 
 
 ties in another. 
 
 epby N mone y sha11 be drawn from the treasury, but 
 legal appro- m con sequence of appropriations made by law ; and a 
 priatioa only, regular statement and account of the receipts and ex- 
 
 penditures of all public money, shall be published from 
 
 time to time.
 
 CONSTITUTION OP THE UNITED STATES. 11 
 
 7. No title of nobility shall be granted by the United No titles of no- 
 States ; and no person holding any office of profit or conferred b^ 
 trust under them, shall, without the consent of the con- the United 
 gress, accept of any present, emolument, office, or title States ; nor 
 of any kind whatever, from any king, prince, or foreign "",!' p^ ers 
 
 State. sents,fcc. 
 
 [See amend- 
 SECTION" 10. ments, art. 13.] 
 
 1. No state shall enter into any treaty, alliance, or drawn' from'" 
 confederation ; grant letters of marque and reprisal ; coin the states indi- 
 money ; emit bills of credit ; make any thing but gold virtually, 
 and silver coin a tender in payment of debts ; pass any 
 
 bill of attainder, ex post facto law, or law impairing the 
 obligation of contracts ; or grant any title of nobility. 
 
 2. No state shall, without the consent of the congress, Jh"Ses*an h 
 lay any imposts or duties on imports or exports, except exercise only 
 what may be absolutely necessary for executing its in- under the 
 spection laws ; and the net produce of all duties and im- congress 
 ports laid by any state on imports or exports, shall be for 
 
 the use of the treasury of the United States ; and all 
 such laws shall be subject to the revision and control of 
 the congress. No state shall, without the consent of con- 
 gress, lay any duty of tonnage, keep troops or ships of 
 war, in time of peace, enter into any agreement or com- 
 pact with another state, or with a foreign power, or en- 
 gage in war, unless actually invaded, or in such immi- 
 nent danger as will not admit of delay. 
 
 ARTICLE II. 
 
 SECTION 1. 
 
 1 . The executive power shall be vested in a presi- Executive 
 dent of the United States of America. He shall hold 
 
 his office during the term of four years, and, together & c a 
 with the vice-president, chosen for the same term, be 
 elected as follows : 
 
 2. Each state shall appoint, in such manner as the le- Elec . tors f 
 gislature thereof may direct, a number of electors, equal vke-president, 
 to the whole number of senators and representatives to &c. 
 
 which the state may be entitled in the congress : but no 
 senator or representative, or person holding an office of 
 trust or profit under the United States, shall be appoint- 
 ed an elector. 
 
 3. [Annulled. See Amendments, art. 12.] 
 
 4. The congress may determine the time of choosing 
 
 the electors, and the day on which they shall give their timeofchoos- 
 votes ; which day shall be the same throughout the Uni- ing electors of 
 ted States. president, &c.
 
 The president 
 to be natural 
 born, or a citi 
 zen in 1798 ; 
 aged 35 ; and 
 14 years a re- 
 sident of the 
 United States. 
 
 In case of va- 
 cancy in the 
 office of presi- 
 dent, the vice- 
 yresident to 
 act, fcc. 
 
 Compensation 
 
 of the presi- 
 dent. 
 
 The president 
 to take an 
 oath. 
 
 Form of the 
 oath. 
 
 CONSTITUTION OF THE UNITED STATES. 
 
 5. No person, except a natural born citizen, or a cit- 
 izen of the United States, at the time of the adoption of 
 this constitution, shall be eligible to the office of presi- 
 dent ; neither shall any person be eligible to that office, 
 who shall not have attained to the age of thirty-five 
 years, and been fourteen years a resident within the Uni- 
 ted States. 
 
 6. In case of the removal of the president from office, 
 or of his death, resignation, or inability to discharge the 
 powers and duties of the said office, the same shall de- 
 volve on the vice-president ; and the congress may, by 
 law, provide for the case of removal, death, resignation, 
 or inability, both of the president and vice-president, de- 
 claring what officer shall then act as president, and such 
 officer shall act accordingly, until the disability be re- 
 moved, or a president shall be elected. 
 
 7. The president shall, at stated times, receive, for his 
 services, a compensation, which shall neither be increas- 
 ed nor diminished during the period for which he shall 
 have been elected ; and he shall not receive, within that 
 period, any other emolument from the United States, or 
 any of them. 
 
 8. Before he enter on the execution of his office, he 
 shall take the following oath or affirmation : 
 
 9. " I do solemnly swear [or affirm] that I will faith- 
 fully execute the office of president of the United States, 
 and will, to the best of my ability, preserve, protect, and 
 defend the constitution of the United States." 
 
 SECTION 2. 
 
 His powers. 1. The president shall be commander in chief of 
 
 the army and navy of the United States, and of the 
 militia of the several states, when called into the actual 
 service of the United States ; he may require the opin- 
 ion in writing, of the principal officer in each of the ex- 
 executive departments, upon any subject relating to the 
 duties of their respective offices ; and he shall have 
 power to grant reprieves and pardons for offences against 
 the United States, except in cases of impeachment. 
 
 2. He shall have power, by and with the advice and 
 consent of the senate, to make treaties, provided two 
 thirds of the senators present, concur ; and he shall no- 
 minate, and by and with the advice and consent of the 
 Senate, shall appoint, ambassadors, otherpublic ministers, 
 id consuls, judges of the supreme court, and all other 
 fficers of the United States, whose appointments are 
 ?? r f lr \ ? therwise provided for, and which shall be 
 stabhshed by l aw . But the congress may, by law, vest 
 e appointment of such inferior officers as they think
 
 CONSTITUTION OP THE UNITED STATES. 13 
 
 proper, in the president alone, in the courts of law. or in 
 the heads of departments. 
 
 3. The president shall have power, to fill up all vacan- 
 cies that may happen during the recess of the senate, by 
 granting commissions which shall expire at the end of 
 their next session. 
 
 SECTION 3. 
 
 1. He shall, from time to time, give to the congress. His duties, 
 information of the state of the union, and recommend to 
 their consideration, such measures as he shall judge ne- 
 cessary and expedient ; he may, on extraordinary occa- 
 sions, convene both houses, or either of them, and in case 
 of disagreement between them, with respect to the time 
 of adjournment, he may adjourn them to such time as he 
 shall think proper ; he shall receive ambassadors, and 
 other public ministers 5 he shall take care that the laws 
 be faithfully executed ; and shall commission all the offi- 
 cers of the United States. 
 
 SECTION 4. 
 
 1. The president, vice-president, and all civil officers President, &c. 
 /. ,1 TT I/-/Y- removeable on 
 
 of the United States, shall be removed irom onice on i m peacbment 
 
 impeachment for, and conviction of, treason, bribery, or and conviction, 
 other high crimes and misdemeanors. 
 
 ARTICLE III. 
 
 SECTION 1. 
 
 1. The judicial power of the United States shall be Judicial pow- 
 vested in one supreme court, and in such inferior courts ers vested in u 
 as the congress may from time to time, ordain and estab- ^" 
 lish. The judges, both of the supreme and inferior 
 courts, shall hold their offices during good behaviour, and J h ud - ges J ^ old 
 shall, at stated times, receive, for their services, a com- during good 
 pensation, which shall not be diminished during their behavior, &c. 
 continuance in office. 
 
 SECTION 2. 
 
 1. The judicial power shall extend to all cases in law Extent of the 
 and equity, arising under this constitution, the laws of judicial power 
 the United States, and treaties made, or which shall be 
 made, under their authority ; to all cass affecting am- 
 bassadors, other public ministers and consuls ; to all 
 cases of admiralty and maritime jurisdiction ; to con- 
 troversies to which the United States shall be a party ; 
 to controversies between two or more states, between a 
 state and citizens of another state, between citizens of 
 different states, between citizens of the same state claim-
 
 14 CONSTITUTION OF THE UNITED STATES. 
 
 [*See a restric- ing lands under grants of different states, and between 
 won of this ro 
 
 a 
 
 pro t t or t ^ e citizens thereof, and foreign states, citizens, 
 
 - ~ 
 
 SUb-ects.* 
 
 2. In all cases affecting ambassadors, other public 
 
 vision, amend- , ~ 
 
 merits, art. 11.] or SUb-ects.* 
 
 , ministers and consuls, and those in which a state shall be 
 " juris- a party, the supreme court shall have original jurisdic- 
 diction of the tion. ' In all the other cases before mentioned, the su- 
 supreme court. p reme cour t shall have appellate jurisdiction, both as to 
 
 law and fact, with such exceptions, and under such regu- 
 
 lations as the congress shall make. 
 
 Trial of crimes 3. The trial of all crimes, except in cases of impeach- 
 to be by jury, ment, shall be by jury ; and such trial shall beheld in 
 8101 the state where the said crimes shall have been commit- 
 
 ted ; but when not committed within any state, the trial 
 
 shall be at such place or places as the congress may by 
 
 law have directed. 
 
 SECTION 3r 
 
 Definition of i . Treason against the United States, shall consist 
 only in levying war against them, or in adhering to their 
 enemies, giving them aid and comfort. No person shall 
 be convicted of treason, unless on the testimony of two 
 witnesses to the same overt act, or on confession in open 
 
 Congress to de- 
 
 clare the pun- 2. The congress shall have power to declare the pun- 
 ishment of trea- ishment of treason ; but no attainder of treason shall 
 on ' c ' work corruption of blood, or forfeiture, except during 
 
 the life of the person attainted. 
 
 ARTICLE IV. 
 
 SECTION 1. 
 
 given in one * Full faith and credit shall be given, in each state, t 
 
 state to the the public acts, records, and judicial proceedings of every 
 
 of another' &c otner sta te. And the congress may, by general laws, 
 
 prescribe the manner in which such acts, records, and 
 
 proceedings, shall be proved, and the effect thereof. 
 
 Reciprocity of SECTION 2. 
 
 fhrou n ho'u P t the ' ' The citizcns of each state sha11 *> e entitled to all 
 stated * ' e privileges and immunities of citizens in the several states. 
 Criminals fly- 2. A person charged in any state with treason, felony. 
 bteToanoth- orothercrime > who sha11 flee from justice, and be found 
 er, to be deiiv- m an ther state, shall, on demand of the executive au- 
 ered up, on de- thority of the state from which he fled, be delivered up, 
 nmnd. to be removed to the state having jurisdiction of the 
 
 crime. 
 
 3. No person held to service or labor in one state, un- 
 
 4er the laws thereof, escaping into another, shall, in con-
 
 CONSTITUTION OF THE UNITED STATES. 15 
 
 Runaway 
 
 sequence of any law or regulation therein, be discharged * laves > &c> , to 
 from such service or labor ; but shall be delivered up, on u * c ' 
 claim of the party to whom such service or labor may 
 be due. 
 
 SECTION 3. 
 
 1 . New states may be admitted by the congress into New states 
 this union ; but no new state shall be formed or erected "^j^ytJ 
 within the jurisdiction of any other state, nor any state the union, Sic. 
 be formed by the junction of two or more states, or parts 
 
 of states, without the consent of the legislatures of the 
 states concerned, as well as of the congress. 
 
 2. The congress shall have power to dispose of, and Congress to 
 make all needful rules and regulations respecting the Q * territory 
 territory or other property belonging to the United &. c . Claims of/ 
 States ; and nothing in this constitution shall be so con- the states, itc. 
 strued as to prejudice any claims of the United States, or j^jjgj e pre 
 of any particular state. 
 
 SECTION 4. 
 
 1 . The United States shall guarantee to every state in Republican 
 this union a republican form of government, and shall y^ r r ' n l l ^g n f " 
 protect each of them against invasion ; and, on applica- guaranteed to 
 tion of the legislature, or of the executive, (when the h state, &c, 
 legislature cannot be convened,) against domestic vio- 
 lence. 
 
 ARTICLE V. 
 
 1 . The congress, whenever two-thirds of both houses Mode of 
 shall deem it necessary, shall propose amendments to 
 this constitution; or, on the application, of the legislatures 
 of two-thirds of the several states, shall call a convention 
 for proposing amendments, which, in either case, shall 
 be valid, to all intents and purposes, as part of this con- 
 stitution, when ratified by the legislatures of three-fourths 
 of the several states, or by conventions in three-fourths 
 thereof, as the one or the other mode of ratification may 
 be proposed by the congress ; provided, that no amend- 
 ment, which may be made prior to the year one thousand 
 eight hundred and eight, shall, in any manner, affect the 
 first and fourth clauses in the ninth section of the first ar- [* See ante, 
 ticle : and that no state, without its consent, shall be de- a [ t- *' *??' 3} 
 prived of its equal suffrage in the senate.* 
 
 ARTICLE VI. 
 
 Assumption of 
 
 1. All debts contracted and engagements entered u^eVufe 11 "'^ 
 into, before the adoption of this constitution, shall be as confederation
 
 CONSTITUTION OF THE UNITED STATES. 
 
 Tim constitu- 
 tion, acts of 
 congress, and 
 treaties, the 
 supreme law, 
 ,c. The state 
 judges hound 
 thereby. 
 
 Senators, re- 
 presentatives, 
 &c. bound by 
 oath, or affir- 
 mation, to sup- 
 port this con- 
 stitution. 
 
 No reliious 
 
 Ratification ot 
 nine states 
 sufficient, &ic. 
 
 valid against the United States under this constitution, as 
 under the confederation. 
 
 2 This constitution, and the laws of the United States 
 which shall be made in pursuance thereof, and all trea- 
 ties made, or which shall be made, under the authority 
 of the United States, shall be the supreme law of the- 
 land ; and the judges in every state shall be bound there- 
 by ; any thing in the constitution, or laws of any state, 
 to the contrary notwithstanding. 
 
 3. The senators and representatives before mention- 
 ed, and the members of the several state legislatures, 
 and all executive and judicial officers, both of the Uni- 
 ted States and of the several states, shall be bound by 
 oath or affirmation, to support this constitution : but no 
 religious test shall ever be required as a qualification to 
 any office, or public trust, under the United States. 
 
 ARTICLE VII. 
 
 1 . The ratification of the conventions of nine states 
 shall be sufficient for the establishment of this constitu- 
 tion between the states so ratifying the same. 
 
 Done in convention, by the unanimous consent of the 
 states present, the seventeenth day of September, 
 in the year of our Lord one thousand seven hundred 
 and eighty-seven, and of the independence of the 
 United States of America, the twelfth. In wit- 
 ness whereof, we have hereunto subscribed our 
 names. 
 
 GEORGE WASHINGTON, 
 President and deputy from Virginia. 
 
 NEW-HAMPSHIRE. 
 
 John Langdon, 
 Nicholas Gilmaa. 
 
 MASSACHUSETTS. 
 
 Nathaniel Gorham, 
 Rufus King. 
 
 CONNECTICUT. 
 
 William Sam'l Johnson, 
 Roger Sherman, 
 
 NEW-YORK. 
 Alexander Hamilton. 
 
 NEW-JERSEY. 
 
 William Livingston, 
 David Brearly, 
 William Patterson, 
 Jonathan Dayton. 
 
 PENNSYLVANIA. 
 
 Benjamin Franklin, 
 
 Thomas Mifflin, 
 Robert Morris, 
 George Clymer, 
 Thomas Fitzsimons, 
 Jared Ingersoll, 
 James Wilson, 
 Goverueur Morris, 
 
 DELAWARE, 
 
 George Read, 
 Cunning Bedford, jun, 
 John Dickinson, 
 Richard Bassett, 
 Jacob Broom. 
 
 MARYLAND, 
 
 James M'Henry, 
 
 Daniel of St. Tho. Jenifer, 
 
 Daniel Carrol),
 
 AMENDMENTS TO THE CONSTITUTION, 17 
 
 VIRGIN*! A. SOUTH-CAHOLI.VA. 
 
 John Blair, John Rutlcdge, 
 
 James Madison, jun. Charles Cotesworth Pinckney. 
 
 NORTH-CAROLINA. Charles Pinckncy, 
 
 William Blount, Pierce Butler. 
 
 Richard Dobbs Spaight, GEORGIA. 
 
 Hugh Williamson. William Few, 
 
 Abraham Baldwin. 
 Attest. WILLIAM JACKSON, Secretary. 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 ARTICLE I. 
 
 Congress shall make no law respecting an establish- Congress prohv 
 
 ment of religion, or prohibiting the free exercise thereof: bitedfrom '" 
 
 i i ii e 3 c i r ii terfenne with 
 
 or abridging the treedom ol speech, or 01 the press ; or re |igj n, with 
 
 the right of the people peaceably to assemble, and to pe- freedom of 
 
 tition the government for a redress of grievances. speech, of the 
 
 press, and toe 
 
 ARTICLE II. S 10 ^" 
 
 A well regulated militia being necessary to the securi- Right of the 
 ty of a free state, the right of the people to keep and bear people to keep 
 arms shall not be infringed. d bear ****; 
 
 ARTICLE III. 
 
 No soldier shall, in time of peace, be quartered in any No soldier to be 
 house, without the consent of the owner : nor in time of quartered in 
 war, but in a manner to be prescribed by law. 
 
 ARTICLE IV. 
 
 The right of the people to be secure in their persons, No search-war- 
 houses, papers, and effects, against unreasonable searches rant to issue, ex- 
 and seizures, shall not be violated ; and no warrants shall bte'cause^oatb" 
 issue, but upon probable cause, supported by oath or af- fcc. 
 firmation, and particularly describing the place to be 
 searched, and the persons or things to be seized. 
 
 ARTICLE V. 
 
 No person shall be held to answer for a capital, or 
 ,, r . ,, . JNo person to 
 
 otherwise mlamous crime, unless on a presentment or be held to an- 
 
 indictment of a grand jury, except in cases arising in the swer for a 
 land or naval forces, or in the militia, when in actual ser- ' n im ^g"^. 83 
 vice, in time of war or public danger; nor shall any ment, &c. ex.- 
 person be subject, for the same offence, to be twice put cept in the 
 in jeopardy of life or limb ; nor shall be compelled in any force^nm-To 1 
 criminal case, to be a witness against himself, nor be de- answer for tte 
 
 5
 
 18 AMENDMENTS TO THE CONSTITUTION. 
 
 same offence prived of life, liberty, or property, without due proces? 
 
 twice, &c. Q f j aw . nor s h a ij private property be taken for public 
 
 use, without just compensation. <;'./ ^~- . (A*<f-^f-k a 
 
 ARTICLE VI. 
 
 Assurance of In H ^ criminal prosecutions, the accused shall enjoy 
 apeedy and the right to a speedy and public trial, by an impartial 
 public (rial by f t j t t an( j District wherein the crime shall 
 
 jury oic. in ^ ** 
 
 crim'inal prose- have been committed, which district shall have been pre- 
 cntions. viously ascertained by law, and to be informed of the 
 
 nature and cause of the accusation ; to be confronted 
 with the witnesses against him ; to have compulsory 
 process for obtaining witnesses in his favor ; and to have 
 the assistance of counsel for his defence. 
 
 ARTICLE VII. 
 
 ill lit f ' 1 ^ n su ^ s a ^ common l aw ? where the value in controver- 
 by b jury in suits sy shall exceed twenty dollars, the right of trial by jury 
 at common shall be preserved ; and no fact tried by a jury shall be 
 v7ue a of20dol- otherwise re-examined in any court of the United States. 
 lars,fcc. " than according to the rules of the common law. 
 
 ARTICLE VIII. 
 
 Excessive bail Excessive bail shall not be required, nor excessive tines 
 * 11 imposed, nor cruel and unusual punishments inflicted. 
 
 ARTICLE IX. 
 
 The enumeration in the constitution of certain rights. 
 Rights enumer- shall not be construed to deny or disparage others retain- 
 
 ARTICLE X. 
 
 The powers not delegated to the United States by the 
 Powers not del- constitution, nor prohibited by it to the states, are re- 
 rls^rved to Uic sewed to the states respectively, or to the people. 
 
 states 01 people. 
 
 ARTICLE XI. 
 
 jS=u powels. Thc ,i udicial power of the United States shall not be 
 \ ante, art. construed to extend to any suit in law or equity, com- 
 3 - C . 2. clause rnenced or prosecuted against one of the United States, 
 
 by citizfchs of another state, or by citizen^ or subjects of 
 
 any foreign state. 
 
 ARTICLE XII. 
 
 Actual mode of 
 
 electing the 1. 1 he electors shall meet in their respective states, 
 
 v[re' d )r. nt idp d an< ^ V te ^ ^ a ' lot f r president and vice-president, one 
 of the United of whom, at least shall not be an inhabitant of the same 
 States. state with themselves; they shall name in their ballots
 
 AMENDMENTS TO THE CONSTITUTION. l 
 
 the person voted for as president, and in distinct ballots 
 ihe person voted for as vice-president ; and they shall 
 make distinct lists of all persons voted for as presi- 
 dent, and of all persons voted for as vice-president, and 
 of the number of votes for each, which lists they shall 
 sign and certify, and transmit sealed to the seat of the 
 government of the United States, directed to the presi- 
 dent of the senate; the president of thesenate shall, in the 
 presence of the senate and house of representatives, open 
 all the certificates, and the votes shall then be counted : 
 the person having the greatest number of votes for pres- 
 ident, shall be the president, if such number be a major- 
 ity of the whole number of electors appointed ; and if no 
 person have such majority, then from the persons hav- 
 ing the highest numbers, not exceeding three, on the list 
 of those voted for as president, the house of representa- 
 tives shall choose immediately, by ballot, the president. 
 But in choosing the president, the votes shall be taken 
 by states, the representation from each state having one 
 vote : a quorum for this purpose shall consist of a mem- 
 ber or members from two thirds of the states, and a 
 majority of all the states, shall be necessary to a choice. 
 And if the house of representatives shall not choose a 
 president, whenever the right of choice shall devolve up- 
 on them, before the fourth day of March next following, 
 then the vice-president shall act as president, as in the 
 case of the death, or other constitutional disability, of the 
 president. 
 
 2. The person having the greatest number of votes as 
 vice-president, shall be the vice-president, if such num- 
 ber be a majority of the whole number of electors ap- 
 pointed : and if no person have a majority, then from the 
 two highest numbers on the list, the senate shall choose 
 the vice-president : a quorum for the purpose shall con- 
 sist of two-thirds of the whole number of senators, and a 
 majority of the whole number shall be necessary to a 
 choice. 
 
 3. But no person constitutionally ineligible to the of- 
 fice of president, shall be eligible to that of vice-presi- 
 dent of the United States. 
 
 ARTICLE XIII. 
 
 If any citizen of the United States shall accept, claim, Citizenship. 
 
 receive, or retain anv title of nobility or honor, or shall, | rftlted \y 
 ' , . * , . the accept- 
 
 without the consent oi congress, accept and retain any ance . f,. om a 
 
 present, pension, office, or emolument of any kind what- foreign power, 
 .H-er, from any emperor, king, prince, or foreign power, jJjJjjjl^Jij! 
 such person shall cease to be a citizen of the United OP emolument 
 States, and shall be incapable of holding any office of of any kind, 
 trust or profit under them, or either of them.
 
 CONSTITUTION OF CONNECTICUT. 
 
 Equality of 
 
 form of%ov. P 
 eminent 
 
 Religious pro- 
 
 Limitation. 
 
 No preference 
 to he given by 
 
 Right to freely 
 
 sentiments. 
 Liberty of 
 
 to be restrain- 
 
 Right of the 
 Jury. 
 
 PREAMBLE. 
 
 THE people of Connecticut, acknowledging, with 
 gratitude, the good providence of God, in having per- 
 mitted them to enjoy a free government, do, in "order 
 more effectually to define, secure, and perpetuate the 
 .liberties, rights and privileges, which they have derived 
 from their ancestors, hereby, after a careful considera- 
 tion and revision, ordain and establish the following 
 Constitution, and form of civil government. 
 
 ARTICLE I. 
 
 DECLARATION OF RIGHTS. 
 
 That the great and essential principles of liberty and 
 free government may be recognized and established, 
 WE DECLARE, 
 
 SECT . j . That a j] men? when they form & ^.^ ^^ 
 pact, are equal m rights ; and that no man, or set of men, 
 are entitled to exclusive public emoluments, or privile- 
 ges, from the community. 
 
 SE ? T - Z '^ a11 P olitical frower is inherent in the 
 people, and all free governments are founded on their 
 authority, and instituted for their benefit ; and that they 
 hav ?' at all . times ' an undeniable and indefeasible right 
 to alter their form of government, in such a manner as 
 they may think expedient. 
 
 SECT. 3. The exercise and enjoyment of religious 
 profession and worship, without discrimination, 'shall 
 forever be free to all persons in this state ; provided that 
 the right hereby declared and established, shall not be so 
 construed as to excuse acts of licentiousness, or to justify 
 practices inconsistent with the peace and safety of the 
 state. 
 
 , S . EC . T * 4< No preference shall be given by law to any 
 Christian sect or mode of worship. 
 
 w-TJ?- EvCry dtizen *** freely speak, write and 
 P ub f h his sentiments on all subjects, being responsible 
 w the abuse of that liberty. 
 
 r'J; G ;, N law r sha11 f er be P assed to cu >^ or re- 
 stram the 1)ben y of speech or of the press. 
 
 S CT? * i* 11 P rosecutions or indictments for libels, 
 f , a j f be | lven in ^idence , and the jury shall 
 the right to determine the law and the facts, under 
 the direction of the court.
 
 CONSTITUTION OF CONNECTICUT. 21 
 
 SECT. 8. The people shall be secure in their persons, Security from 
 houses, papers and possessions from unreasonable search- spf/ure" 
 es or seizures ; and no warrant to search any place, or Restriction as 
 to seize any person or things, shall issue, without describ- to search war*- 
 ing them as nearly as may be, nor without probable ra 
 cause, supported by oath or affirmation. 
 
 SECT. 9. In all criminal prosecutions, the accused Rights of the 
 shall have a right to be heard by himself, and by counsel; criminal 'pro- 
 to demand the nature and cause of the accusation ; to secutions. 
 he confronted by the witnesses against him ; to have 
 compulsory process to obtain witnesses in his favor; and 
 in all prosecutions by indictment or information, a speedy 
 public trial by an impartial jury. He shall not be com- 
 pelled to give evidence against himself, nor be deprived 
 of life, liberty or property, but by due course of law. 
 And no person shall be holden to answer for any crime, 
 the punishment of which may be death or imprisonment Presentment 
 for life, unless on a presentment or an indictment of a grand "when ne- 
 jury ; except in the land or naval forces, or in the militia, cessary. 
 when in actual service, in time of war, or public danger. 
 
 SECT. 10. No person shall be arrested, detained or Security from 
 punished, except in cases clearly warranted by law. 
 
 SECT. 11. The property of no person shall be taken R'ghtofpri- 
 for public use, without just compensation therefor. 
 
 SECT. 12. All courts shall be open, and every person, Right of re- 
 for an injury done him in his person, property or repu- jn7 u S ri e r 
 tation, shall have remedy by due course of law, and 
 right and justice administered, without sale, denial or 
 delay. 
 
 SECT. 13. Excessive bail shall not be required, nor Excessive bah 
 < j or fines, not to 
 
 excessive fines imposed. be reqn ' ired 
 
 SECT. 14. All prisoners shall, before conviction, be p . 
 bailable, by sufficient sureties, except for capital offences, whatcase's" 1 
 where the proof is evident, or the presumption great ; bailable, 
 and the privileges of the writ of habeas corpus shall not \v r u of ha- 
 be suspended, unless when in case of rebellion or invasion, beas corpus 
 the public safety may require it ; nor in any case, but by 
 the legislature. 
 
 SECT. 15. No person shall be attainted of treason or No attainder 
 felony, by the legislature. of treason or 
 
 SECT. 16. The citizens have a right, in a peaceable Rjg^of the 
 manner, to assemble for their common good, and to ap- citizens to 
 ply to those invested with the powers of government, assemble ; and 
 for redress of grievances, or other proper purposes, by ^redress'of^ 
 petition, address or remonstrance. grievances. 
 
 SECT. 17. Every citizen has a right to bear arms in Right to bear 
 defence of himself and the state. Subordination 
 
 SECT. 18. The military shall, in all cases, and at all of the military 
 
 times, be in strict subordination to the civil power. to the civil 
 
 power.
 
 Quartering of 
 soldiers. 
 
 No hereditary 
 emoluments. 
 
 Trial by jury. 
 
 CONSTITUTION OF CONNECTICUT. 
 
 SECT. 19. No soldier shall, in time of peace, be quar- 
 tered in any house, without the consent of the owner ; 
 nor in time of war, but in a manner to be prescribed by 
 law. 
 
 SECT. 20. No hereditary emoluments, privileges or 
 honors, shall ever be granted, or conferred, in this state* 
 
 SECT. 21. The right of trial by jury shall remain 
 inviolate. 
 
 ARTICLE II. 
 
 OF THE DISTRIBUTION OF POWERS. 
 
 Distribution The powers of government shall be divided into three 
 
 of powers. distinct departments, and each of them confided to a 
 separate magistracy to wit those which are legisla- 
 tive, to one ; those which are executive, to another . 
 and those which are judicial, to another. 
 
 ARTICLE III. 
 
 Legislative 
 powers vested 
 in two houses. 
 
 General as- 
 sembly. 
 
 Stated annual 
 session. 
 
 Special ses- 
 sion. 
 
 A different 
 place of meet- 
 ing, when, and 
 how, to be 
 designated. 
 
 House of Re- 
 presentatives. 
 Number of 
 representa- 
 tives. 
 
 Restriction as 
 to new towns. 
 
 OF THE LEGISLATIVE DEPARTiMENT. 
 
 SECT. 1. The legislative power of this state shall be 
 vested in two distinct houses or branches ; the one to be 
 styled THE SENATE, the other THE HOUSE OF REPRE- 
 SENTATIVES, and both together THE GENERAL AS- 
 SEMBLY. The style of their laws shall be, Be it 
 enacted by the Senate and House of Representatives, in- 
 General Assembly convened. 
 
 SECT. 2. There shall be one stated session of the gen- 
 eral assembly, to beholden in each year, alternately 
 at Hartford and New-Haven, on the first Wednesday of 
 May, and at such other times as the general assembly 
 shall judge necessary; the first session to be holden at 
 Hartford : but the person administering the office of 
 governor, may, on special emergencies, convene the 
 general assembly at either of said places, at any other 
 time. And in case of danger from the prevalence of 
 contagious diseases, in cither of said places, or oilier 
 circumstances, the person administering the office of 
 governor may, by proclamation, convene said assembly 
 at any other place in this state. 
 
 SECT. 3. The house of representatives shall consist 
 of electors residing in towns from which they are elect- 
 ed. The number of representatives from each town 
 shall be the same as at present practised and allowed. 
 In case a new town shall hereafter be incorporated, 
 such new town shall be entitled to one representative
 
 CONSTITUTION OF CONNECTICUT. '23 
 
 only ; and if such new town shall be made from one or Rgbt of the 
 more towns, the town or towns from which the same ^"^ { 
 shall be made, shall be entitled to the same number of ones are made, 
 representatives as at present allowed, unless the num- 
 ber shall be reduced by the consent of such town or 
 towns. 
 
 SECT. 4. The senate shall consist of hvelve members, Senat e- 
 to be chosen annually by the electors. 
 
 SECT. 5. At the meeting of the electors, held in the Electi0n * 
 
 ... ., 11 A. senators, 
 
 several towns in this state, m April annually, alter the 
 
 election of representatives, the electors present shall be 
 called upon to bring in their written ballots for senators. 
 The presiding officer shall receive the votes of the elect- 
 ors, and count and declare them in open meeting. The 
 presiding officer shall also make duplicate lists of the per- Dl| pl' cate llsts ~ 
 sons voted for, and of the number of votes for each, 
 which shall be certified by the presiding officer ; one of 
 which lists shall be delivered to the town clerk, and the vo t es . n 
 other, within ten days after said meeting, shall be deliv- 
 ered, under seal, either to the secretary, or to the sheriff 
 of the county in which said town is situated ; which list 
 shall be directed to the secretary, with a superscription 
 expressing the purport of the contents thereof. And 
 each sheriff, who shall receive such votes, shall, within 
 fifteen days after said meeting, deliver them, or cause 
 them to be delivered, to the secretary. 
 
 SECT. 6. The treasurer, secretary, and controller, Canvass ol 
 for the time being, shall canvass the votes publicly. The votes - 
 twelve persons having the greatest number of votes for Declaration 
 senators, shall be declared to be elected. But in cases 
 where no choice is made by the electors, in consequence Ec l uallt y of 
 of an equality of votes, the house of representatives 
 shall designate, by ballot, which of the candidates having 
 such equal number of votes, shall be declared to be 
 elected. The return of votes, and the result of the can- 
 vass, shall be submitted to the house of representatives, Re i lurn of , 
 
 ii *i_ / A j fi / votes, and re- 
 
 and also to the senate, on the first day ol the session of su it to be sut- 
 
 the general assembly ; and each house shall be the final mined to both 
 judge of the election returns and qualifications of its own houses - 
 members. 
 
 SECT. 7. The house of representatives, when assem- Officers, 
 bled, shall choose a speaker, clerk, and other officers. 
 The senate shall choose its clerk, and other officers, ex- 
 cept the president. A majority of each house shall con- Quorum, 
 stitute a quorum to do business ; but a smaller number 
 may adjourn from day to day, and compel the attendance Po ^f rs of a 
 
 r J -i , .* , J smaller num- 
 
 ot absent members, in such manner, and under such pen- ber. 
 
 alties. as each house may prescribe.
 
 24 
 
 CONSTITUTION OF CONNECTICUT. 
 
 Powers of" each 
 house. 
 
 Power of ex- 
 pulsion limited. 
 
 Journal. 
 
 Teas and nays. 
 
 Privilege from 
 arrest. 
 
 Privilege as to 
 speech or de- 
 bate. 
 
 Debates to be 
 public. Excep- 
 tion. 
 
 Governor. 
 
 Term of office. 
 Qualifications. 
 
 Election of 
 governor. 
 
 Duplicate list?. 
 
 Return of 
 votes. 
 
 SECT. 3. Each house shall determine the rules of its' 
 own proceedings, punish members for disorderly con- 
 duct, and, with the consent of two thirds, expel a mem- 
 ber, but not a second time for the same cause ; and shall 
 have all other powers necessary for a branch of the legis- 
 lature of a free and independent state. 
 
 SECT. 9. Each house shall keep a journal of its pro- 
 ceedings, and publish the same, when required by one 
 fifth of its members, except such parts as, in the judgment 
 of a majority, require secrecy. The yeas and nays of 
 the members of either house shall, at the desire of one 
 fifth of those present, be entered on the journals. 
 
 SECT. 10. The senators and representatives shall, in 
 all cases of civil process, be privileged from arrest, 
 during the session of the general assembly, and for four 
 days before the commencement, and after the termina- 
 tion, of any session thereof. And for any speech or de- 
 bate in either house, they shall not be questioned in any 
 other place. 
 
 SECT. 11. The debates of each house shall be public, 
 except on such occasions as, in the opinion of the house, 
 may require secrecy. 
 
 ARTICLE IV. 
 
 OF THE EXECUTIVE DEPARTMENT. 
 
 SECT. 1. The supreme executive power of the state 
 shall be vested in a governor, who shall be chosen by 
 the electors of the state, and shall hold his office for one. 
 year from the first Wednesday of May next succeeding 
 his election, and until his successor be duly qualified. 
 No person who is not an elector of this state, and who 
 has not arrived at the age of thirty years, shall be 
 eligible. 
 
 SECT. 2. At the meetings of the electors in the respec- 
 tive towns, in the month of April in each year, imme- 
 diately after the election of senators, the presiding 
 officers shall call upon the electors to bring in their bal- 
 lots for him whom they would elect to be governor, with 
 his name fairly written. When such ballots shall have 
 been received and counted, in the presence of the elec- 
 tors, duplicate lists of the persons voted for, and of the 
 number of votes given for each, shall be made and certi- 
 fied, by the presiding officer ; one of which lists shall be 
 deposited in the office of the town clerk, within three 
 days, and the other, within ten days, after said election, 
 shall be transmitted to the secretary, or to the sheriff 
 of the county, in which such election shall have been 
 held. The sheriff receiving said votes shall deliver? or
 
 CONSTITUTION OF CONNECTICUT. 25 
 
 cause them to be delivered to the secretary, within fif- 
 teen days next after said election. The votes so re- 
 iurned shall be counted, by the treasurer, secretary and Canvass of 
 comptroller, within the month of April. A fair list of vot< 
 the persons, and number of votes given for each, togeth- 
 er with the returns of the presiding officers, shall be, by 
 the treasurer, secretary and comptroller, made and laid 
 before the general assembly, then next to be holden, 
 on the first day of the session thereof; and said assem- 
 bly shall, after examination of the same, declare the Declaration, 
 person whom they shall find to be legally chosen, and 
 give him notice accordingly. If no person shall have a 
 majority of the whole number of said votes, or if two 
 or more shall have an equal and the greatest number of 
 said votes, then said assembly, on the second day of Choice by gen> 
 
 their session, bv joint ballot of both houses, shall pro- ? ral assembly, 
 , .,, /'v' i f. v .in what case, 
 
 .ceed, without debate, to choose a governor trom a list anc j jj OW to ^ 
 
 of the names of the two persons having the greatest made, 
 number of votes, or of the names of the persons having 
 an equal and highest number of votes, so returned as 
 aforesaid. The general assembly shall, by law. pre- 
 scribe the manner in which all questions concerning the 
 election of a governor, or lieutenant-governor, shall be 
 determined. 
 
 SECT. 3. At the annual meetings of the electors, im- 
 mediately after the election of governor, there shall also 
 he chosen, in the same manner as is herein before pro- 
 vided for the election of governor, a lieutenant-governor, j eutenant , 
 who shall continue in office for the same time, and pos- governor. 
 sess the same qualifications. 
 
 SECT. 4. The compensations of the governor, lieu- Compensation 
 tenant-governor, senators, and representatives, shall ? c gov ' 
 be established by law, and shall not be varied so as to 
 take effect until after an election, which shall next suc- 
 ceed the passage of the law establishing said compensa- 
 tions. 
 
 SECT. 5. The governor shall be captain-general of the captain-genen- 
 militia of the state, except when called into the service al. 
 of the United States. 
 
 SECT. 6. He may require information in writing from Governor may 
 the officers in the executive department, on any subject require infor- 
 relating to the duties of their respective offices. mation, c. 
 
 SECT. 7. The governor, in case of a disagreement be- Power as to ad- 
 tween the two houses of the general assembly, respecting g^ne^a^assem- 
 the time of adjournment, may adjourn them to such time bly. 
 as he shall think proper, not beyond the day of the next 
 stated session. 
 
 SECT. 8. He shall, from time to time, give to the Duty^of go- 
 general assembly, information of the state of the gov- 
 
 6
 
 2<5 CONSTITUTION OF CONNECTICUT. 
 
 crnment, and recommend to their consideration such 
 measures as he shall deem expedient. 
 
 SECT. 9. He shall take care that the laws be faithfully 
 executed. 
 
 Power to grant SECT. 10. The governor shall have power to grant r<>- 
 reprieves. prieves after conviction, in all cases, except those of im- 
 Exception. peachment, until the end of the next session of the genera! 
 
 assembly, and no longer. 
 
 . . SECT. 11. All commissions shall be in the name, and 
 
 Commissions. by authority of> the state of Connecticut ; shall be seal- 
 ed with the state seal, signed by the governor, and at- 
 tested by the secretary. 
 
 Power and duty SECT ' 12 ' Evei 7 bill, which shall have passed both 
 of governor in houses of the general assembly, shall be presented to 
 relation to bills, the governor. If he approves, he shall sign and trans- 
 mit it to the secretary ; but if not, he shall return it to 
 the house in which it originated, with his objections, 
 which shall be entered on the journals of the house 
 bilu'reYu'S 011 who sha11 Pceed to reconsider the hill. If, after such 
 by the govern- reconsideration, that house shall again pass it, it shall 
 be sent, with the objections, to the other house, which 
 shall also reconsider it. If approved, it shall become a 
 law. But in such cases, the votes of both houses shall 
 be determined by yeas and nays ; and the names of the 
 members voting for and against the bill, shall be enter- 
 ed on the journals of each house respectively. If the 
 bill shall not be returned, by the governor, within three 
 days, (Sundays excepted) after it shall have been pre- 
 sented to him, the same shall be a law, in like manner 
 as if he had signed it ; unless the general assembly, by 
 their adjournment, prevents its return, in which case it 
 shall not be a law. 
 
 President of SECT. 1 3. The lieutenant-governor shall, by virtue of 
 
 the senate. his office, be president of the senate, and have, when in 
 committee of the whole, a right to debate, and when the 
 senate is equally divided, to give the casting vote. . 
 In what cases, SECT. 14. In case of the death, resignation, refusal to 
 !he K!!Jr 0f " 6rve ' ? r removal from office of the governor, or of his 
 shall devolve lr npeachment, or absence from the state, the lieutenant- 
 on the lieuten- governor shall exercise the powers and authority ap- 
 pertaining to the office of governor, until another be 
 chosen at the next periodical election for governor, and 
 be duly qualified ; or until the governor impeached ox- 
 President of absent ' sha11 be acquitted or return, 
 the 'senate pro SECT ' 15 - When the government shall be administer- 
 .-empore. ed by the lieutenant-governor, or he shall be unable to 
 
 attend as president of the senate, the senate shall elect; 
 one of their members, as president pro tempore. And 
 if, during the vacancy of the office of governor, tfu-
 
 CONSTITUTION OP CONNECTICUT. '27 
 
 lieutenant-governor shall die, resign, refuse to serve, 
 or be removed from office, or if he shall he impeached, 
 or absent from the state, the president of the senate pro 
 tempore, shall, in like manner, administer the govern- 
 ment, until he be superceded, by a governor, or lieuten- 
 ant-governor. 
 
 SECT. 16. If the lieutenant-governor shall be re- in what case 
 <juired to administer the government, and shall, while in senate to be 
 such administration, die or resign, during the recess of choos"a presi- 
 the general assembly, it shall be the duty of the secreta- dent pro tem- 
 ry, for the time being, to convene the senate, for the P ore - 
 purpose of choosing a president pro te-npore. 
 
 SECT. 17. A treasurer shall annually be chosen, by 
 the electors, at their meeting in April ; and the votes 
 shall be returned, counted, canvassed, and declared, in 
 the same manner as is provided for the election of Canvass of 
 governor and lieutenant-governor; but the votes for votes, 
 treasurer shall be canvassed by the secretary and comp- 
 troller only. He shall receive all monies belonging to 
 the state, and disburse the same only as he may be di- Dut of Trcas , 
 rected by law. He shall pay no warrant or order for urer. 
 the disbursement of public money, until the same has 
 been registered in the office of the comptroller. 
 
 SECT. 18. A secretary shall be chosen next after the Secretary, 
 treasurer, and in the same manner ; and the votes for 
 secretary shall be returned to, and counted, canvassed y^ t " g" ass 
 and declared by the treasurer and comptroller. He 
 shall have the safe keeping and custody of the public %* 
 records and documents, and particularly, of the acts, res- 
 olutions and orders of the general assembly, and record 
 the same ; and perform all such duties as shall be pre- Keeper of the 
 scribed by law. He shall be the keeper of the seal of seal, 
 the state, which shall not be altered. 
 
 SECT. 19. A comptroller of the public accounts snail Comptroller, 
 be annually appointed, by the general assembly. He 
 shall adjust and settle all public accounts and demands, His dut }; 
 except grants and orders of ihe general assembly. He 
 shall prescribe the mode of keeping and rendering all 
 public accounts. He shall, ex ojficio, be one of the au- 
 ditors of the accounts of the treasurer. The general 
 assembly may assign to him other duties in relation to 
 his office, and to that of the treasurer, and shall pre- 
 scribe the manner in which his duties shall be perform- 
 ed. 
 
 SECT. 20. A sheriff shall be appointed in each county, SLeriff. 
 uy the general assembly, who shall hold his office for Term of offic 
 three years, removeable by said assembly, and shall be- 
 come bound, with sufficient sureties, to the treasurer of 
 MIP state, for the faithful discharge of the duties of bis
 
 2 
 
 CONSTITUTION OF CONNECTICUT^ 
 
 office, in such manner as shall he prescribed by law. In 
 Vacancy, how case the sheriff of any county shall die or resign, thegov- 
 ernor may fill the vacancy occasioned thereby, until the 
 same shall be filled by the general assembly,, 
 
 SECT. 21. A statement of all receipts, payments, 
 funds, and debts of the state, shall be published from 
 time to time, in such manner and at such periods, a? 
 shall be prescribed by law. 
 
 ARTICLE V. 
 
 supplied. 
 
 Statement of 
 funds of the 
 state. 
 
 OF THE JUDICIAL DEPARTMENT. 
 
 Courts. SECT. 1. The judicial power of the state shall be ves- 
 
 ted in a supreme court of errors, a superior court, and 
 such inferior courts as the general assembly shall, from 
 time to time, ordain and establish : the powers and ju- 
 risdiction of which courts shall be denned by law. 
 
 SECT. 2. There shall be appointed, in each county, a 
 sufficient number of justices of the peace, with such ju- 
 risdiction in civil and criminal cases as the general as- 
 sembly may prescribe. 
 
 SECT. 3. The judges of the supreme court of errors, 
 of the superior and inferior courts, and all justices of the 
 peace, shall be appointed by the general assembly, in 
 such manner as shall by law be prescribed. The judges 
 of the supreme court, and of the superior court, shall 
 
 whatm e anner m hold their offices durin g g<*>d behaviour; but may be 
 removed by impeachment ; and the governor shall also 
 remove them, on the address of two thirds of the mem- 
 bers of each house of the general assembly : all other 
 judges and justices of the peace shall be appointed annu- 
 ally. No judge or justice of the peace shall be capable 
 of holding his office, after he shall arrive at the age of 
 seventy years. 
 
 ARTICLE VI. 
 
 Justices of the 
 peace, 
 
 Mode of ap- 
 pointment. 
 
 Tenure of of- 
 fice. 
 
 Limitation of 
 term of office 
 
 Electors. 
 
 Qualifications 
 necessary to 
 become elec- 
 tors. 
 
 Of THE QUALIFICATIONS OF ELECTORS. 
 
 Sect. 1. All persons who have been, or shall hereaf* 
 ter, previous to the ratification of this constitution, be 
 admitted freemen, according to the existing laws of this 
 state, shall be electors. 
 
 SECT. 2. EverywhitemalecitizenoftheUnitedStates, 
 who shall have gained a settlement in this state, attained 
 the age of twenty-one years ; and resided in the town in 
 which he may offer himself to be admitted to the privi- 
 lege of an elector, at least six months preceding ; and 
 have a freehold estate of the yearly value of seven dol-
 
 CONSTITUTION OF CONNECTICUT. 29 
 
 ars 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 him- 
 self for admission, orbeing 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 
 ihe shall present himself for such admission ; and shall 
 sustain a good moral character ; shall, on his taking such 
 oath as may be prescribed by law, be an elector. 
 
 SECT. 3. The privileges of an elector shall be forfeit- Privileges of 
 ed, by a conviction of bribery, forgery, perjury, duelling, ^forfeited. 
 fraudulent bankruptcy, theft, or other offence for which 
 an infamous punishment is inflicted. 
 
 SECT. 4. Every elector shall be eligible to any office Eligibility of 
 in this state, except in cases provided for in this consti- electors - 
 iution. Select-men 
 
 SECT. 5. The select-men and town clerk of the several and town 
 towns, shall decide on the qualifications of electors, at such ^j^, 1 ^ H . 
 limes, and in such manner as may be prescribed by law. fications. 
 
 SECT. 6. Laws shall be made to support the privilege of Laws to be 
 free suffrage, prescribing the manner of regulating and made > n SU P- 
 conductingmeetingsof the electors, and prohibiting, under j^^g re 
 adequate penalties, all undue influence therein, from 
 power, bribery, tumult and other improper conduct. Votes to be 
 
 SECT. 7. In all elections of officers of the state, or given by bal- 
 members of the general assembly, the votes of the elect- 
 ors shall be by ballot. Privilege of 
 
 SECT. 8. At all elections of officers of the state, or electors from 
 members of the general assembly, the electors shall be al 
 privileged from arrest, during their attendance upon, and 
 going to. and returning from the same, on any civil process. 
 
 SECT. 9. The meetings of the electors for the election Annual meet- 
 of the several state officers, by law annually to be elect- e "f c or l e 
 ed, and members of the general assembly of this state, 
 shall be holden on the first Monday of April in each year. 
 
 ARTICLE VII. 
 
 OF RELIGION. 
 
 SECT. 1. It being the duty of all men to worship the Duty and 
 Supreme Being, the Great Creator and Preserver of the r '? ht . of vv ^ 
 Universe, and their right to render that worship, in the Supreme 
 mode most consistent with the dictates of their conscien- Being, 
 ces ; no person shall, by law, be compelled to join or sup- No legal com- 
 port, nor be classed with, as associated to, any congrega- P ulsion - 
 tion, church, or religious association. But every person 
 now belonging to such congregation, church, or religious 
 association, shall remain a member thereof, until he 
 shall have separated himself therefrom, in the manner 
 hereinafter provided. And each and every society or
 
 CONSTITUTION OF CONNECTICUT. 
 
 Equal rights 
 of Christians. 
 
 Secession. 
 
 denomination of Christians in this state, shall have and 
 enjoy the same and equal powers, rights and privileges ^ 
 and shall have power and authority to support and main- 
 tain the ministers or teachers of their respective denom- 
 inations, and to build and repair houses for public wor- 
 ship, by a tax on the members of any such society only, 
 to be laid by a major vote of the legal voters assembled 
 at any society meeting, warned and held according to 
 law, or in any other manner. 
 
 SECT. 2. If any person shall choose to separate himself 
 from the society or denomination of Christians to which 
 he may belong, and shall leave a written notice thereof 
 with the clerk of such society, he shall thereupon be 
 no longer liable for any future expenses which may be 
 incurred by said society. 
 
 
 Charter of 
 
 Yale-College, 
 
 confirmed. 
 
 School fund. 
 
 Amount to be 
 ascertained ; 
 
 published and 
 recorded. 
 
 Never to be 
 diverted. 
 
 ARTICLE VIII. 
 
 OF EDUCATION. 
 
 SECT. 1. The charter of Yale-College, as modified by 
 agreement with the corporation thereof, in pursuance of 
 an act of the general assembly, passed in May, 1792, is 
 hereby confirmed. 
 
 SECT. 2. The fund, called the SCHOOL FUND, shall re- 
 main a perpetual fund, the interest of which shall be 
 inviolably appropriated to the support and encourage- 
 ment of the public, or common schools, throughout the 
 state, and for the equal benefit for all the people thereof. 
 The value and amount of said fund shall, as soon as prac- 
 ticable, be ascertained, in such manner as the general 
 assembly may prescribe, published, and recorded in the 
 comptroller's office ; and no law shall ever be made, au*J 
 thorising said fund to be diverted to any other use than 
 the encouragement and support of public, or common 
 schools, among the several school societies, as justice 
 and equity shall require. 
 
 ARTICLE IX. 
 
 Tower of im- 
 peachment. 
 Trial of im- 
 peachments. 
 
 OF IMPEACHMENTS. 
 
 SECT. 1. The house of representatives shall have the 
 sole power of impeaching. 
 
 SECT. 2. All impeachments shall be tried by the senate. 
 When sitting for that purpose, they shall be on oath or 
 affirmation. No person shall be convicted, without thr 
 concurrence of two thirds of the members present. 
 When the governor is impeached, the chief justice shaU 
 preside.
 
 CONSTITUTION OF CONNECTICUT. 31 
 
 SECT, 3. The governor, and all other executive and Liability to im- 
 judicial officers, shall be liable to impeachment ; but P eachment - 
 judgments in,such cases shall not extend further than to Limitation of 
 removal from office.and disqualification to hold any of- JU S ment 
 fice of honor, trust, or profit under this state. The party 
 convicted, shall, nevertheless, be liable and subject to 
 indictment, trial, and punishment according to law. 
 
 SECT. 4. Treason against the state shall consist only T J ea so n defi ^ 
 in levying war against it, or adhering to its enemies, giv- 
 ing them aid and comfort. No person shall be convict- 
 ed of treason, unless on the testimony of two witnesses Evidence, 
 to the same overt act, or on confession in open court, consequences 
 No conviction of treason, or attainder, shall work cor- of conviction 
 ruption of blood, or forfeiture. 
 
 ARTICLE X. 
 
 GENERAL PROVISIONS. 
 
 SECT. 1. Members of the general assembly, and all Official oatb 
 officers, executive and judicial, shall, before they enter 
 on the duties of their respective offices, take the follow- 
 ing oath or affirmation, to wit : 
 
 You do solemnly swear [or affirm, as the case may be] Form, 
 that you will support the constitution of the United 
 States, and the constitution of the state of Connecticut, 
 so long as you continue a citizen thereof; and that you 
 will faithfully discharge, according to law, the duties of 
 the office of to the best of your abilities. 
 
 So help you God. 
 
 SECT. 2. Each town shall, annually, elect select-men, select-meu 
 and such officers of local police, as the laws may pre- &c. 
 scribe. 
 
 SECT. 3. The rights and duties of all the corporations Effect of con 
 shall remain as if this constitution had not been adopt- corporation's? 
 ed, with the exception of such regulations and restric- 
 tions as are contained in this constitution. All judicial judicial and 
 and civil officers now in office, who have been appoint- civil officers .; 
 ed by the general assembly, and commissioned accord- 
 ing to law, and all such officers as shall be appointed by 
 the said assembly, and commissioned as aforesaid, before 
 the first Wednesday of May next, shall continue to hold 
 their offices until the first day of June next, unless they 
 shall before that time, resign, or be removed from office 
 according to law. The treasurer and secretary shall be 
 appointed under this constitution. All military offi- Se'tary ; 
 cers shall continue to hold and exercise their respec- . 
 
 4 " fli *iiii* " ill Hilary un4~ 
 
 live omces, until they shall resign, or be removed accord- cers. 
 ing to law. All law? not contrary to. or inconsistent
 
 Bonds, debts, 
 contracts, Sic. 
 
 General As- 
 sembly in Oc- 
 tober,' 1818. 
 
 Public officers 
 excluded from 
 general assem- 
 bly. 
 
 CONSTITUTION OF CONNECTICUT. 
 
 with, the provisions of this constitution, shall remain in 
 force, until they shall expire, by their own limitation, or 
 shall be altered or repealed, by the general assembly, in 
 pursuance of this constitution. The validity of all bonds, 
 debts, contracts, as well of individuals as of bodies cor- 
 porate, or the state, of all suits, actions, or rights of ac- 
 tion, both in law and equity, shall continue as if no change 
 had taken place. The governor, lieutenant-governor, 
 and general assembly, which is to be formed in October 
 next, shall have and possess, all the powers and authori- 
 ties, not repugnant to, or inconsistent with, this constitu- 
 tion, which they now have and possess, until the first 
 Wednesday of May next. 
 
 SECT. 4. No judge of the superior court, or of the su- 
 preme court of errors ; no member of congress ; no per- 
 son holding any office under the authority of the United 
 States ; no person holding the office of treasurer, secre- 
 tary, or comptroller ; no sheriff, or sheriff's deputy, shall 
 be a member of the general assembly. 
 
 ARTICLE XI. 
 
 Amendments, 
 how to be pro- 
 posed ; 
 
 continued and 
 published ; 
 
 approved, by 
 each house ; 
 
 presented to 
 the inhabit- 
 ants; 
 
 and adopted. 
 
 OF AMENDMENTS OF THE CONSTITUTION. 
 
 Whenever a majority of the house of representatives 
 shall deem it necessary to alter, or amend this constitu- 
 tion, they may propose such alterations and amendments ; 
 which proposed amendments shall be continued to the 
 next general assembly, and be published with the laws 
 which may have been passed at the same session ; and if 
 two thirds of each house, at the next session of said as- 
 sembly, shall approve the amendments proposed, by yea; 
 and nays, said amendments shall, by the secretary, be 
 transmitted to the town clerk in each town in the state : 
 whose duty it shall be to present the same to the inhabit- 
 ants thereof, for their consideration, at a town meeting, 
 legally warned and held for that purpofc , and if it shall 
 appear in a manner to be provided by Jaw, that a major- 
 ity of the electors present at such meetings, shall have, 
 approved such amendments, the same shall be valid, tc 
 all intents and purposes, as a part of this constitution. 
 Done in Convention, on the fifteenth day of September, 
 in the year of our Lord one thousand eight hundred 
 ighteen, and of the Independence of the United 
 ''.s the forty-third. 
 
 By order of the Convention, 
 
 OLIVER WOLCOTT, President, 
 
 J AMK.S L A.V.MAX. ) /-,, , 
 
 ROBERT FAIR^LD., J Clerks '
 
 STATUTES 
 
 OF 
 
 CONNECTICUT. 
 
 TITLE 1. Account. 
 
 AN Act authorising the appointment of Auditors 
 in actions of Account. 
 
 . T3E ^ cnclcte d fy the Senate and House of 
 Jj Representatives in General Assembly con- 
 vened, That whenever a judgment shall be rendered When auditors 
 against the defendant, in an action of account, that he !,o* nte d ap " 
 do account, the court shall appoint not more than three 
 able, disinterested, and judicious men, to take the ac- 
 count ; who shall be sworn according to law, and shall 
 have power to appoint the time and place for the hear- 
 ing, and shall give reasonable notice thereof to the par- 
 ties : And if the defendant shall refuse to attend, at the 
 time and place appointed, and produce his books, and 
 render his account, the auditors shall receive from the 
 plaintiff his statement of the account, and award to him 
 the whole sum he claims to be due. 
 
 SECT. 2. If the parties appear, and produce their 
 books, the auditors shall have power to administer an proceed^ 
 oath to them, and examine them respecting their ac- 
 counts, and to enquire of any other lawful witnesses : 
 and if either party shall refuse to be sworn, or to answer 
 any proper questions respecting his account, the audit- 
 ors may commit him to gaol, there to continue till he 
 will consent to be sworn, and answer all proper inter- 
 rogatories : and the auditors shall liquidate and adjust 
 the accounts, and award that the party in whose favor 
 they find the balance to be due, shall recover the same, 
 and shall make report to the same or the next succeed- 
 ing session of the court. The party in whose favor the 
 report is made, shall pay to the auditors their fees and 
 expenses, which shall be allowed in the bill of cost : and 
 on the return and acceptance of the report, the court 
 shall render judgment, that the party in whose favor it 
 
 7
 
 No appeal. 
 
 shall 
 take the ac- 
 count. 
 
 When account 
 
 nion 
 
 Title 2. dictions Civil. 
 
 is made, shall recover the sum found to be due, with hi? 
 lawful cost. And no appeal shall be allowed on any 
 judgment given on a report of auditors. 
 
 Justices of the SECT. 3. In actions of account, brought before justi- 
 ces of the peace, when judgment is rendered that the 
 defendant shall account, they shall take and adjust the 
 account, without the appointment of auditors, and render 
 judgment accordingly. 
 
 wii| SECT. 4. An executor, who is also residuary legatee, 
 
 executors" and w . hen all > ? r an 7 P art of his le g ac j is withholden from 
 tenants in com- h, by his co-executor, may bring his action of ac- 
 count against his co-executor for the recovery thereof; 
 and the like action shall be allowed to residuary lega- 
 tees against executors. When two persons hold any 
 estatc as joint tenants, tenants in common, or coparce- 
 ners, if one of them shall receive, use or take benefit of 
 such estate, in greater proportion than the amount of 
 his interest in the principal estate, he, and his executors 
 or administrators, shall be liable to render an account 
 to his co-tenant ; and such co-tenant, his executors or 
 administrators, may bring an action of account against 
 such receiver, and recover such sum as he has received 
 more than his proportion as aforesaid. 
 
 SECT. 5. When there shall be such claim, by one co- 
 executor, or residuary legatee, against two or more co- 
 executors ; or when there is a claim by one joint-tenant, 
 tenant in common, or coparcener, against two or more 
 co-tenants, the remedy shall be by bill, or petition in 
 equity. 
 
 TITLE 2. Actions Civil. 
 An Act for the regulation of Civil Actions. 
 
 When the 
 remedy shall 
 he by bill in 
 equity. 
 
 'Process. 
 Writ. 
 
 Declaration. 
 Signing. 
 
 Attachment. 
 
 SECT. 1. "iQEzV enacted 6y the Senate and House of Rep- 
 J3 resentatives in General Assembly convened, 
 That the process in civil actions shall be by summons, or 
 attachment, in writing; that the writ shall describe the 
 parties and the court, and mention the time and place of 
 appearance ; shall be accompanied with a declaration 
 containing the cause of action, and shall be signed by the 
 governor, lieutenant-governor, a senator, judge ius- 
 3 of the peace, or clerk of the court to which it is re- 
 turnable. ( 1) Attachments may be granted against the
 
 Title 2. Actions Civil 
 
 goods and chattels of the defendant, and for want there- 
 of, against his lands or person. When the plaintiff prays 
 out an attachment, a sufficient bond shall be given, con- 
 ditioned to prosecute his action to effect, and answer all 
 damages in case he makes not his plea good : and if it 
 shall appear to the authority signing the writ, that he is 
 unable to pay the cost of suit, if a recovery should be had Surety, when 
 against him, then he shall procure a surety in such bond t he given. 
 of prosecution. If the plaintiff is not an inhabitant of 
 this state, or if an inhabitant of this state, and it appears 
 to the authority signing the writ, that he is unable to pay 
 the cost of suit, if a recovery is had against him, then, 
 whether the suit be a summons or attachment, he shall 
 procure surety in a bond from some substantial inhabitant 
 of this state to prosecute his action to effect, and answer 
 all damages, in case he make not his plea good. 
 
 SECT. 2. All process, by attachment or summons, To whom pro- 
 shall be directed to the sheriff, his deputy, a constable^ ce * s sha11 be di ' 
 or some indifferent person ; but no writ of attachment 
 or summons shall be directed to an indifferent person to Direction to 
 serve, till the same shall be complete in all other re - an inait5ere)lt 
 spects ; nor shall it be so directed, unless more defend- 
 ants than one are therein named, and described to be of 
 different counties in the state ; or unless where, in case 
 of a writ of attachment, the plaintiff, or one of the plain- 
 tiffs, if there be more than one, or his or their agent or 
 attorney, shall make an affidavit respecting the writ, in 
 the words following : " You solemnly swear (or affirm) Form f oal '> 
 that you verily believe the plaintiff, (or plaintiffs, as the 
 case may be) is in danger of losing the debt, (damage, or 
 other thing, as the case may be) in this writ, unless an 
 indifferent person be deputed for the immediate service 
 of the same: So help yon God :" which oath the au- 
 thority signing such writ is empowered to administer ; 
 ind he shall ccrtifv on (he writ that he administered tho 
 same ; for which service he shall be entitled to receive 
 twelve cents, but which shall not be taxed in the bill of 
 costs : in which cases, the authority shall insert in the 
 writ the name of the indifferent person to whom it is di- 
 rected ; but need not insert the reason of such direction. 
 And if any writ of attachment, or summons, shall be di- 
 ed to an indifferent person, except in the cases, and 
 
 writ and declaration together ; and as it dared, that the ordinary process bLall b- 
 ioive notice to the defendant of the de- a summons or attachment, fairly written, 
 ma nd against him, it superseded the ne- signed by a magistrate, containing a decla- 
 cessity of filing a declaration on his ap- ration of the substance ot the action. The 
 pearance. In the revision in 1750, the present statute is varied to conform "> tho 
 phraseology is a little varied and it is f!e- actual practice
 
 36 Title 2. Actions Civil 
 
 under the regulations abovementioned, the same shall 
 abate. 
 
 Special deputa- SECT. 3. The sheriff may depute a proper person, on 
 some special occasion, to serve a particular writ ; which 
 deputation shall be entered on the back of the writ ; who. 
 after service thereof, shall make oath before a justice of 
 the peace, that he faithfully and truly served the same, 
 according to his indorsement thereon, and that he did 
 not fill up said writ, nor give direction to any person to 
 fill up the same ; and such justice of the peace shall cer- 
 tify on the writ that he administered said oath accord- 
 ingly ; and thereupon the service thereof shall be good 
 and valid. 
 
 Timeofser- SECT. 4. All writs and processes, returnable to the su- 
 
 preme court of errors, the superior court, and county 
 courts, shall be served at least twelve days inclusive be- 
 fore the day of the sitting of the court ; and if returna- 
 ble to a justice of the peace, at least six days inclusive, 
 as aforesaid ; or the defendant shall not be bound to make 
 Service of sum- a wer thereto. 
 
 mons; SECT. 5. A summons shall be served, by the officer's 
 
 reading the same in the hearing of the defendant or de- 
 fendants, or leaving an attested copy thereof at the place 
 of attachment, or places of his or their usual abode: an attachment 
 shall be served, by attaching the goods and chattels of the 
 defendant, or if none can be found, by attaching the person 
 or lands of the defendant. When an attachment is serv- 
 ed, by taking the body of the defendant, notice shall be 
 given to him, by the officer's reading the writ in his 
 hearing, or by leaving an attested copy at his usual place 
 of abode. When any estate, real or personal, is attach- 
 ed, the officer serving the writ shall leave with the per- 
 son whose estate is so attached, or at the place of his usual 
 abode, if within the state, a true and attested copy of the 
 writ, and of his return, describing the estate attached 
 thereon. And when any real estate is taken, the officer 
 Serving the writ, shall leave a true and attested copj 
 thereof, and a description of the estate taken, at the 
 town clerk's office, in the town where the land lies, within 
 seven days next after attaching the estate, and before the 
 time limited by law for the service of such writ expires : 
 and unless the service shall be so completed, such estate 
 shall not be holden against any other creditor, or bona 
 fide purchaser. 
 
 SECT. 6. The rights or shares, which any person may 
 
 have or own in the stock of any bank, insurance compa- 
 
 pi?at k edcom. 0r " n 7> tl j rn P ike company, or other corporation, together 
 
 panics, how to Wlth the mter ests, rents and profits, due, and growing due 
 
 be attached. thereon, shall be liable to be attached, in any action at
 
 Title 2. MioM Civil 37 
 
 law, and levied upon and sold to satisfy any judgment 
 and execution. Apd the attachment of any such rights 
 or shares shall be, by leaving a true and attested copy of 
 the writ, by the officer serving the same, with his proper 
 endorsement thereon, as in other cases, with the defend- 
 ant, or at his usual place of abode, if within this state, and 
 with the cashier of such bank, or with the secretary or 
 clerk of such company or corporation ; and such rights 
 or shares, together with the interests, rents and profits, 
 shall beholden to respond the judgment, which may be 
 recovered in such action, for the term of sixty days after 
 the rendering thereof, and no longer. 
 
 SECT. 7. No estate attached as aforesaid, shall be held when estate 
 to respond the judgment obtained by the plaintiff at attached must 
 whose suit the same is attached, either against the debtor, ^ ^cation 
 or any other creditor, unless such judgment-creditor 
 take out execution on such judgment, and have the same 
 levied on goods or personal estate, within sixty days after 
 final judgment, o*- on real estate, and have the same ap- 
 praised and recorded within four months after such judg- 
 ment shall have been obtained : or if said goods or estate 
 are incumbered by any prior attachment, the execution 
 to be levied as aforesaid, within the respective times 
 aforesaid, after such incumbrance is removed. 
 
 SECT. 8. When the defendant is not a resident or in- Service of 
 habitant of this state, and has estate within the same w ". ts on non " 
 which is attached, a copy of the writ, describing the es- n 
 tate, shall be left, by the officer, with the agent or attor- 
 ney of the defendant, within this state ; and when land 
 is attached, a like copy shall be left in the office of the 
 town clerk where the land lies, as in cases where the de- 
 fendant belongs to this state : but if the defendant has not 
 an agent or attorney within this state, then a like copy 
 shall be left with him, who has the charge or possession 
 of the estate attached. 
 
 SECT. 9. On writs of scire facias, in which execution Attachment on 
 may be issued against the person and property of the de- stire facias. 
 fendant, on the judgment that may be rendered thereon, 
 the process may be by attachment of the person or prop- 
 erty of the defendant, to be proceeded with as to bail, 
 and in all respects, as in ordinary cases. 
 
 SECT. 10. Officers serving writs shall return them, or Time of return 
 cause them to be returned, to the clerks of the courts to 
 which they are made returnable, at least forty-eight hours 
 prior to the day of the session of the court : and writs re- 
 turnable to justices of the peace shall be returned at least 
 twenty-four hours before the day of trial. 
 
 SECT. 11. When any process is duly served on any Appearance of 
 defendant or defendants, and returned to the court to defendant.
 
 Title 2. fictions Civil. 
 
 Judgment by 
 default. 
 
 Continuance 
 when defend- 
 ant is out of the 
 state. 
 
 which it is made returnable, if he or they do not appear,, 
 his or their default shall be recorded, and judgment be 
 rendered against them, unless he or they shall come into 
 court, on or before the second day of its session, and 
 move for a trial ; in which case he or they shall be ad- 
 mitted thereto, upon paying to the plaintiff his cost to 
 that time ; and the action shall be entered anew for 
 trial.(2.) 
 
 SECT. 12. When the defendant, being an inhabitant 
 of this state, is absent out of the same, at the time of 
 the commencement of the suit, and does not return be- 
 fore the first day of the sitting of the court, such suit 
 shall be continued to the next term ; and if the defend- 
 ant does not return, or appear by attorney, and be so 
 remote that notice of the suit could not have been con- 
 
 (2)In the revision of the statutes in 1672, 
 and which appears to have been the pre- 
 vious practice, it is declared, that the pro- 
 cess in the first instance, shall be a war- 
 rant, fairly written, under the hand of 
 some magistrate, commissioner or clerk 
 of the court, mentioning the time and 
 place of appeara:.ce ; and if the parly 
 did not appear, then upon affidavit that 
 the warrant was read in bis hearing, or 
 left at his usual abode, an attachment 
 could be granted against him, by the 
 court, for the contempt, and for want of 
 bail he could be imprisoned, returnable to 
 the next court, who could proceed against 
 him according to law. At the same time, 
 a provision was made, authorising credit- 
 ors, having debts owing to them in mon- 
 ey, coin, provision, or other special pay, 
 to attach such estate as was engaged, or 
 any other estate, and secure it for trial. 
 So, the er.ate of persons not residing in 
 the colony, and the estate of debtors who 
 were about to convey away their estate 
 to defraud their creditors, or to abscond, 
 could be attached. The plaintiff was en- 
 abled to declare upon the attachment, if 
 the defendant came in upon it ; and the 
 prior attaching credilor was first to be 
 paid. The law also required that the 
 party taking out an attachment against 
 the person, goods or lands of another, 
 should give security for prosecuting his ac- 
 tion. In the revision of 17<i-2, there is an 
 additional regulation, that the court may 
 impose a fine not exceeding twenty shil- 
 lings, on a defendant guilty of a contempt 
 in not appearing. A power also is given, 
 in all civil actions, to proceed by sum- 
 mons or attachment, against any defend-, 
 ant, his goods and chattels, and for want 
 
 thereof, against his lands, or person. No- 
 tice was required to be given, bv reading 
 the writ in his hearing, or leaving a true 
 copy at his place of usual abode, if witnin 
 the colony, or the action should not pro- 
 ceed : but if his place of abode was out of 
 the colony, the action should proceed to 
 trial, but judgment should not be rendered 
 till the next court. As the declaration 
 accompanied the writ, so as to give no- 
 tice to the defendant, when duly served, 
 of the nature of the demand against him, 
 there could be no injustice in rendering 
 judgment against him, where he did not 
 appear, for such sum, as by his non-ap- 
 pearance, he admitted to be due. Ac- 
 cordingly, in 1713, it was enacted by 
 statute that when the process was duly 
 served and returned, if the defendant did 
 not appear by himself or attorney, his de- 
 fault should be recorded, and judgment 
 rendered against him ; unless before the 
 jury should be dismissed, he should come 
 into court, and move for a new trial : to 
 which he was entitled, upon paying the 
 plaintiff the cost to that time. In the revi- 
 sion of 1784, the law required that the 
 defendant should in such case, come into 
 court, on or before the second day of :he 
 court, and move for a trhtl ; and then he 
 is entitled to it, upon paying to the plaiu- 
 tift'the cost till that time ; and the statute 
 then assumed the form which has continu- 
 ed to the present time. In this gradual 
 manner, the practice was introduced, of' 
 rende rinu judgment against a defendant on 
 default, and superceded the necessity of 
 that long and tedious process, which, at 
 common law, was adopter!, to compel the 
 appearance of a defendant, before judg- 
 ment could be rendered against him.
 
 Title 2. Actions Civil. 
 
 veyed to him, such suit may be continued to the next 
 term and no io:;ger: and if he does not then appear, 
 judgment may be rendered against him on default of ap- 
 pearance. But if the defendant is not an inhabitant, or 
 resident of this state, at the commencement of the suit, 
 and does not appear and answer to the suit, by himself 
 or attorney, then the court shall continue the same to the 
 next term, and may direct notice to be given to the de- 
 fendent of the pendency of the suit, by publication in 
 some newspaper, or otherwise, as they may judge expe- 
 dient : and if the defendant should not then appear, by 
 himself or attorney, and be so remote that it is not proba- 
 ble that notice has been received by him of the penden- 
 cy of the suit, the court shall continue the suit to the 
 next term, and no longer ; and if he does not then ap- 
 pear, may render judgment against him, on default. And 
 in such cases, where judgment shall be entered up against 
 him on default, after such continuances, execution shall 
 not issue thereon, until the plaintiff shall have lodged 
 with the clerk of the court, a bond, with one or more Bond 
 sufficient sureties, to the adverse party, in double the 
 sum of such judgment, to refund the whole, or such part 
 of it, as the court, upon a writ of error, or petition for 
 a new trial, to be brought within one year after such 
 judgment, shall adjudge and determine that the plaintiff 
 had no right to recover : provided, that no real estate Proviso 
 taken by an execution granted on such first judgment, 
 shall be aliened and conveyed till after the expiration of 
 twelve months from the rendition of such judgment ; or 
 till after a decision in favor of the original plaintiff, upon 
 a writ of error or petition for a new trial, brought within 
 twelve months as aforesaid. 
 
 SECT. 13. And in every case, where it appears that N ? w 
 the defendant had not actual notice of the suit, or a rea- an^h&tHao 
 sonable opportunity to appear and make his defence, the tice of suit, 
 court may, on petition, grant him a new trial, if they 
 find he had just ground of defence. 
 
 SECT. 14. In actions on joint securities, where all the Service in ac- 
 defendants are not inhabitants of this state, the service of Jon tracts. ' 
 the process upon such of the defendants as are inhabit- 
 ants of this state, shall be sufficient notice to maintain the 
 suit against all the defendants. And if any of the de- 
 fendants, on whom the process was not served, shall be 
 aggrieved by the judgment, he may be relieved by a new 
 trial, which the court is empowered to grant, upon a pe- 
 tition for the same, if they shall find, that the defendant 
 has just cause of defence. 
 
 SECT. 15. When a suit is brought before a justice of Continuances 
 
 the peace, against a defendant who is an inhabitant o f b y J ustices of 
 
 the peace.
 
 40 
 
 Title 2. Actions Civil. 
 
 \Vhcn defend- 
 ant has no no- 
 tice, in suits 
 before justices 
 of the peace, 
 county court 
 may grant new 
 trial. 
 
 Appearance of 
 plaintiff. 
 
 Withdraw or 
 nonsuit. 
 
 Name of attor 
 ney to be en- 
 tered, if plain- 
 tiff is not in- 
 habitant of 
 the state. 
 
 New bond of 
 prosecution, 
 when to be 
 given. 
 
 the slate, but is absent at the commencement of the suit. 
 and does not return before the trial, such action shall 
 be adjourned a reasonable time, not less than one month, 
 nor more than nine months, to give an opportunity for 
 the defendant to return, or to send notice to him. 
 
 SECT. 16. When a suit is brought before a justice of 
 the peace, against a defendant who is not an inhabitant 
 or resident of this state, and actual notice is not given to 
 him, the action shall be adjourned for a term not less 
 than three, nor more than nine months. 
 
 SECT. 17. In all cases where a judgment shall be ren- 
 dered, by a justice of the peace, against a defendant, 
 who is absent from the state till after the time of the tri- 
 al, and has no notice of the suit, he may apply to the 
 county court, in the county where the judgment is ren- 
 dered, for a new trial ; which court is empowered to 
 grant the same, and to proceed to final judgment there- 
 in, if the defendant shall make it appear, that the judg- 
 ment was wrongfully obtained against him, and that he 
 has a good ground of defence ; which application shall 
 be made within six months after his return into this state, 
 and within three years from the rendition of the judgment. 
 SECT. 18. If the plaintiff, in an action returned'to any 
 court, and entered in the docket, on being called three 
 times after twelve o'clock on the first day of the sitting 
 of the court, shall not appear, either by himself or attor- 
 ney, to prosecute the action, he shall be nonsuited, and 
 pay cost to the defendant, and for entering the action, 
 as if it had been prosecuted in said court. And the 
 plaintiff, in all actions brought to any court, shall have 
 liberty to withdraw the same, or become nonsuit, before 
 the jury have given in their verdict ; in which case he 
 shall pay cost to the defendant, and may bring a new 
 suit; such withdraw .or nonsuit having been first re- 
 corded. 
 
 SECT. 19. In all actions, brought by any person, who 
 is not an inhabitant of this state, to any court in this state, 
 the clerk of such court shall enter in the record of the 
 cause, the name of the attorney, by whom such stranger 
 appeared ; which record shall be good evidence, that 
 such attorney was the lawful attorney of such stranger. 
 
 SECT. 20. In any action, where bond for prosecution 
 is not given at the time of praying out the writ, or where 
 the bond taken is insufficient, the court, or justice of 
 the peace, before whom the same is brought, on motion 
 of the defendant, and on satisfactory proof that the plain- 
 tiff, or his surety, is not able to pay the bill of cost that 
 may be recovered in the suit, shall order the plaintiff to 
 a bond, with sufficient surety, to prosecute his ac-
 
 Title 2. Actions Civil. 41 
 
 iioh to effect, and pay all damages in case he make not 
 his plea good, before proceeding to trial of the same ; and 
 if the plaintiff shall neglect or refuse to give such bond, he 
 shall be nonsuited. 
 
 SECT. 21. All suits wherein the title to land is to be Venue 
 tried and determined, and all actions of trespass quart 
 clausumfregit, shall be brought and tried in the county 
 where the land lies : and all other actions, which may be 
 brought before the superior or county courts, shall be 
 brought and tried in that county, where the plaintiff or 
 defendant dwells, if they, or either of them, are inhab- 
 itants of this state : but if neither of them are inhabitants 
 of this state, then the action shall be brought and tried in 
 the county where the defendant is, when the suit is com- 
 menced, or where the estate is, which is attached, if the 
 defendant is not within this state. 
 
 SECT. 22. All actions cognizable by a justice of the 
 peace, shall be brought and tried in those towns where the 
 plaintiff or defendant dwells : but if there be no justice of 
 the peace in either of said towns, who can lawfully try 
 the cause, then the plaintiff may bring his suit before a 
 justice of the peace in one of the towns next adjoining to 
 the place of his abode. 
 
 SECT. 23. All causes wherein the title to land is not Jurisdiction off 
 concerned, and wherein the debt, trespass, damage or justices of the 
 other matter in demand, does not exceed thirty-five dol- P eace ' 
 lars, shall be heard and determined by a justice of the 
 peace : provided that in all cases where the sum demand- 
 ed shall exceed seven dollars, except in actions on notes 
 or bonds, vouched by two witnesses, and given for money 
 only, an appeal shall be allowed to the next county court : Appeal 
 and when an appeal shall be allowed by a justice of the 
 peace, to the county court, the party so appealing, shall 
 give sufficient boftd, with surety, to the adverse party, to 
 prosecute such appeal to effect, and to answer all dama- 
 ges in case he make not his plea good. 
 
 SECT. 24. When any plea shall be made in abatement Abatement, 
 of any writ or process, before the superior or county 
 court, or before a justice of the peace, if it be ruled in 
 favor of the defendant, the plaintiff shall have liberty to 
 amend the defect, on paying to the defendant his cost to Amendment, 
 that time ; and then to proceed in the same manner as he 
 might have done, had there been no defect in the writ : 
 and in case the defendant appeal from a judgment ren- Appeal on plea 
 dered on a plea in abatement, and shall not make good Rbateol nt 
 his plea, by the judgment of the court to which he ap- 
 peals, he shall be liable to pay cost, and execution shall 
 issue against him for the same, though the cause shall 
 finally be decided in his favor. 
 8
 
 12 
 
 Title 2. .Actions Civil 
 
 If single wo- 
 man plaintiff 
 ma es, writ 
 not to abate. 
 
 Not to abate 
 for circum- 
 stantial de- 
 fects. 
 
 Executors and 
 administrators 
 may enter for 
 plui Jiff, or be 
 made defend- 
 ants. 
 
 ScJre-facias. 
 
 Survivor of 
 actions. 
 
 Pleadings. 
 
 General issue. 
 
 SETT. 25. No action commenced by a single woman, 
 who intermarries during the pendency thereof, shall abate 
 on account of such intermarriage, provided the husband 
 shall appear in court, and cause such marriage to be sug- 
 gested on the record ; and he may then proceed in the 
 same manner, as if the suit was commenced after such 
 intermarriage. 
 
 SECT. 26. No Avrit. pleading, judgment, or any kind of 
 proceeding in court, or course of justice, shall be abated, 
 suspended, set aside or reversed, for any kind of circum- 
 stantial errors, mistakes or defects, if the person and the 
 cause may be rightly understood and intended by the 
 court. 
 
 SECT. 27. When any action shall be pending in any 
 superior or county court, and the plaintiff, before final 
 judgment, shall die, the same shall not abate, if it might 
 originally have been prosecuted by his executor or ad- 
 ministrator ; and in such case, the executor or adminis- 
 trator may enter their names in the suit, if they see 
 cause, and prosecute the same. And if the defendant, 
 while the action is pending in court, and before final 
 judgment, shall die. the same shall not abate, if it might 
 originally have been prosecuted against his executor or 
 administrator ; and the plaintiff, or his executor or ad- 
 ministrator, may have a writ of scire-facias against the 
 executor or administrator of such deceased defendant, to 
 shew cause why judgment should not be rendered against 
 them ; which being served at least twelve days before 
 the sitting of the court, to which the same is returnable, 
 and returned, the action shall proceed to final issue, ac- 
 cording to law. 
 
 SECT. 28. In any action pending before a court, if 
 there be two or more plaintiffs or defendants, and one or 
 more of them die, before final judgment, if the cause of ac- 
 tion survive to the surviving plaintiff or plaintiffs, or 
 against the surviving defendant or defendants, the writ 
 or action shall not abate : but such death being suggested 
 on the record, the action shall proceed. 
 
 SECT. 29. The parties shall make their pleas, and join 
 issue, according to the rules and orders established by the 
 court ; and in case the. plaintiff shall refuse to obey the 
 order of the court in pleading, he may be nonsuited ; and 
 in case the defendant will not make his plea or join issue, 
 judgment may be rendered against him upon nihil dicit. . 
 
 SECT. 30. The general issue of not gidlty, owe nothing, 
 did not assume and promise, no wrong or disseisin, or 
 any other general plea proper to the action, whereby the 
 whole declaration is put in proof, according to the na- 
 ture of the action, may be made by the defendant : 

 
 Title 2. Actions Civil. 13 
 
 under which general plea, the defendant shall have lib- 
 erty, on the trial of the cause, to give his title in evidence, 
 or any special matter in his defence and justification, ac- 
 cording to the nature of the action ; excepting only a dis- 
 charge from the plaintiff, or his accord, or some special 
 matter, whereby the defendant, by the act of the plaintiff, 
 is saved or acquitted from the plaintiff's demand in the 
 declaration ; provided, that the defendant shall not give 
 in evidence, under the general issue, anv special matter, 
 which, by the rules of the common law, ought to be plead- 
 ed specially, unless at the time of making his plea, he 
 gives notice thereof in writing, stating such special mat- 
 ter. (3) 
 
 SECT. 31. It shall be lawful for the defendant, in any Pleading- 
 suit, to plead, by special leave of the court, as many sev- J uble - 
 eral matters, by distinct pleas, as he shall think necesarv 
 for his defence. If any such matter or plea shall, upon 
 demurrer joined, be judged insufficient, cost may be giv- 
 en to the plaintiff, at the discretion of the court, though 
 tht- other issue of issues may be decided in favor of the 
 defendant. If a verdict shall be found, on any issue join- 
 ed in the cause, in favor of the plaintiff', costs shall be al- 
 lowed to him, though on some other issue, the defendant 
 should be entitled to judgment; unless the court that tried 
 such issue, shall be of opinion, that the defendant had 
 probable cause to be plead such matter, which, upon the 
 has been so found against him. And in actions of 
 replevin, where the defendant makes avowry, the plain- 
 tiff shall have riiiht to plead double, in the same manner 
 as the defendant in other cases, and shall be governed by 
 the same principles. 
 
 SECT. 3-2. Whenever the defendant in any suit upon a Plea of the de 
 
 bond, note, or other chose in action, not negotiable, shall f e . ndant > In cer ; 
 , , . . . , . i i i tain cases, not 
 
 plead, or give in evidence the discharge, admission, or to avail him 
 
 other aft of the plaintiff, or any payment made to him. or otherwise than 
 
 transaction whatsoever, between the plaintiff and defend- "' * it court 
 ant. it shall be lawful for the plaintiff to reply, or prove, * 4/4. &&. 
 as the case may require, an assignment of such chose in 
 
 (3) In 1720, an act was passed, giving or on accord, or some special matter, 
 the defendant liberty, under '.he general^w hereby the defendant, by the act of the 
 issue, to give any special matter in evi-^Maintiff, vas acquitted from his demand, 
 deuce, except what coufd fairly be plead- jji (his accideut;il manner. A valuable im- 
 ed as a justification. This was nearly ^Improvement was introduced. As the plain- 
 according to the common law, and intro- tiff may be surprised, by the defence of 
 duced no alteration ; but many disputes the defendant, a rule was established by 
 having arisen, the legislature, to prevent the supfcme court of errors, requiring 
 them, passed an act in 1731, declaring, notice tl^ given in the superior court of 
 that the defendant, under the general the special matter intended to be given in 
 issue, should be allowed to give his title evidence, if required, by the common law ; 
 in evidence, or any other matler in his to be pleaded specially. This rule is now 
 justification, excepting only a discharge, extended to all court,?.
 
 Title 2. Actions Civil. 
 
 Ho\v defendant 
 may plead in 
 case uf actions 
 on bonds, &.c. 
 with condition, 
 and condition 
 not sel out in 
 declaration. 
 
 Set-off. 
 
 Amendment. 
 
 action, and notice thereof given to the defendant ; and on 
 the same being made to appear, such discharge, admis- 
 sion, payment, or other transaction, shail be no otherwise 
 available in such suit, in favor of the defendant, than the 
 same would or ought to be in a court of equity. 
 
 SECT. 33. In any action on any note, bond, or other 
 contract, to which there is a condition annexed, which 
 condition, and any breach or breaches thereof, are not set 
 out in the plaintiff's declaration ; and the defendant 
 having prayed oyer of, and set out, such conditions, pleads 
 performance thereof, and the plaintiff' replies thereto, 
 setting forth any breach or breaches of,such condition, 
 the defendant may, with leave of court, rejoin as many 
 several matters, by distinct rejoinders, as he might have 
 pleaded, had such condition, and breach or breachea 
 thereof, been set forth in the declaration. 
 
 SECT. 34. In all actions, brought for the recovery of a 
 debt before any court in this state, wherein the plaintiff 
 lives or resides out of this state, or is a bankrupt, or insol- 
 vent, and where there shall be mutual debts between the 
 plaintiff and defendant in such action, one debt may be 
 set off against the other, and such matter may be given in 
 evidence, under the general issue, or pleaded in bar : but 
 such matter shall not be given in evidence as aforesaid, 
 unless notice be given, at the time of pleading, to such 
 action, of the debt intended to be set off, and on what ac- 
 count it has become due : and no debt, claimed by assign- 
 ment, shall be set off, unless the plaintiff had notice, at 
 the time of commencement of the action, that such 
 debt was due to the defendant. And in every action, 
 wherein the defendant shall claim a set-off as aforesaid, 
 and it shall appear upon the trial, that the plaintiff in 
 such action is indebted to the defendant, the court, before 
 whom the trial shall be, shall give judgment for the de- 
 fendant, to recover the same of the plaintiff, with his cost: 
 provided, that no justice of the peace shall give judgment 
 for the recovery of such balance, where the same shall 
 exceed the sum of thirty-five dollars. 
 
 SECT. 35. The plaintiff may amend any defect, mis- 
 take or informality in the writ or declaration, without 
 cost, within the ^bjM^rst days of the term of the court 
 to which it is retu^^Be ; and at any time afterwards, on 
 the payment of cosjjp the discretion of the court ; pro- 
 vided such amendment shall not change the form or 
 ground of thjfection : and the defendant shall have rea- 
 sonable timIR answer the same. 
 
 (4) In 1724, a statute was passed, 
 authorising the plaintiff to amend his writ, 
 qpon the payment of cost, when it bad 
 
 (4) 
 
 been abated. But in practice, the law 
 was confined to the amendment of such 
 defects only as were taken advantage e.f
 
 Title 2. Actions Civil 4o 
 
 SECT. 36. The parties respectively, shall have liberty 
 to amend any defect, mistake, or informality in the plead- 
 ings, or other parts of the records or proceedings. When 
 either party shall suppose, that in any part of the plead- 
 ings, he has missed the ground of his plea, and that he 
 can plead a different plea, that will save him in his cause, 
 he shall have liberty to change such plea, replication or 
 reminder, as the case may be, and plead anew : and the 
 other party shail have reasonable time to answer the 
 same. And in all cases when a party amends or alters 
 any part of the pleadings, or pleads anew, if it shall occa> 
 sion any delay in the trial, or inconvenience to the other 
 party, he shall be liable to pay cost, at the discretion of 
 the court. And all courts shall have power to restrain 
 the amendment and alteration of pleas, so far as may be 
 necessary to compel the parties to join issue in a reason- 
 able time for trial. 
 
 SECT. 37. All actions in the superior and county courts, Tiial of issue 
 where an issue is joined on any matter of fact, shall be ! n f * ct b ? 
 tried by a jury of twelve men of the neighbourhood, qua!- jar 
 ified, empanneled, and sworn according to law. (5) 
 
 SECT. 38. Thecivil authority, select-men, constables and Jurors, how 
 grand-jurors in the several towns, shall, some time in the c 
 month of January, annually, meet and choose, by ballot, 
 to serve as jurors in the county and superior courts, in 
 the county to which such towns belong, such number of 
 their able and judicious freeholders as is prescribed by 
 law, each of which shall have a freehold estate, set in the 
 
 by abatement : and whenever there was to a second consideration ; and if they 
 a defect, which could be taken advantage persisted in their former opinion, to the 
 of, in any other stage of the cause, as on dissatisfaction of the court, to impannel 
 demurrer, or as a ground of variance, the another jury, and commit the consideration 
 courts would never permit any amend- of the cause to them ; and to vary and al- 
 metit. As the declaration accompanied ter the damages given in, by any jury, as 
 the writ, the plaintiff was often subjected they should judge most equal and right- 
 to great inconvenience, and lostthe benefit eous. It was also provided, that no per- 
 of his action, by mistakes that occurred son should be tried for a crime extending 
 in the hurry of drawing writs: and which to life or banishment, but by a special jury, 
 were susceptible of amendment. A prac- summoned for that purpose, consiBting of 
 tice so manifestly wrong, required to be twelve able and judicious men, who 
 corrected ; and in 1794, an act was pass- should all agree in their verdict. In the 
 ed, authorising amendments, which has revision of 1702, the coun have power 
 since beer moulded into the presentshape. to send the jury to a second and third con- 
 See 1 Day, 206. 3 Day, 315. 4 Day, 37. sideration ; and the law has so contiflged 
 
 ever since. The excellent mode, no$n 
 
 (5) The trial by jury was brought, by force, of appointing and returning jurors, 
 
 our ancestors, from their native land. In first appears in the revision of 1750. In 
 
 the revised code of 1672, it xvas provided, the revision of 1672, the jury are to be 
 
 that all causes, where the debt or damage summoned from the neighbouring towns ; 
 
 exceeded forty shillings, should be tried by and in the revision of 1702, it is requir- 
 
 a jury of twelve men, who should find the ed that the jury should consist of twelve 
 
 matter of fact, with the damages and men, each of whom should have a freehold 
 
 costs, and the judges should declare the estate, worth forty shillings per annum, or 
 
 sentence, or direct the jury to find ac- fifty pounds personal estate in the county 
 cording to law, with power to return them
 
 16 
 
 Title 2. Actions Civil 
 
 Jurors, how 
 drawn and 
 summoned. 
 
 Return of war 
 rant. 
 
 Additional 
 jurors, how 
 summoned. 
 
 Jurors, how 
 designated. 
 
 list at nine dollars or more. There shall be a box' 
 provided in the several towns, at the cost of the town, 
 with a lock to it, and lodged in the hands of the town- 
 clerk ; and when the jurors are chosen as aforesaid, the 
 town-clerk shall write each man's name, so nominated, on 
 a piece of paper by itself, and put the several names, so 
 written, in the said box, and keep the same, locked, in 
 his hands, that the said names may be drawn as is hereaf- 
 ter provided. 
 
 SECT. 39. At some convenient time before the sit- 
 ting of the aforesaid courts, the clerks of the same shall 
 summon fifteen jurors to attend such courts, ai,d shall is- 
 sue warrants directed to either of the constables of the 
 several towns, or some of them, in the county in which 
 the court is to be held, to summon a< d warn so many 
 ab;e, judicious and lawful freeholders of the town as their 
 warrant directs, to attend and serve as urors at such 
 court ; and such constable shall repair to the town-clerk, 
 and, in his presence, (or in case of his absence) in the 
 presence of one of the select-men of such town, or a 
 justice of the peace, draw out of the box aforesaid, the 
 number his warrant directs him to summon, without see- 
 ing the names he draws'before he draws them ; and shall 
 then summon for jurors, those men whose names he has 
 so drawn. 
 
 SECT. 40. But if any or all whose names are so drawn, 
 shall be, at the time, dead, others in his or their room shall 
 be drawn and summoned as aforesaid. And the constable 
 shall make timely return of his warrant to the clerk that 
 issued the same, with an indorsement certifying whom he 
 has summoned for the purpose aforesaid, on pain of for- 
 feiting to the treasury of the county, a sum not exceeding 
 five dollars, at the discretion of the Budges of the court ; 
 unless such constable shall seasonably make his excuse 
 to the acceptance of said court. 
 
 SECT. 41. And if any of the jurors, summoned as afore- 
 said, do not appear, or shall, for any cause, be excused 
 from attending court, the court may, at their discretion, 
 from time to time, direct the clerk to issue a warrant or 
 warrants, to summon, in manner as aforesaid, additional 
 jurors, so as to prevent, as far as may be consistent with 
 the convenient dispatch of business, the necessity of fill- 
 ing up the panel of jurors with the names of persons not 
 designated and summoned as aforesaid. 
 
 SEC;T. 42. The clerks of said courts, respectively, in 
 empanrieling the jury for the trial of each cause, shall, 
 when more than twelve urors are attending, as aforesaid, 
 designate, by lot, the names of those who shall compose 
 the panel of jurors.
 
 Title 2. Actions Civil 17 
 
 SECT. 43. If any juror chosen, drawn and summoned Penally for 
 ^as aforesaid, shall make default of appearance, accord- JJg attend " 
 ing to the direction of the warrant, he shall forfeit to 
 the treasury of the county wherein he dwells, the sum of 
 two dollars, unless the court, on hearing the excuses made .- t*. 
 in his behalf, shall judge them sufficient. 
 
 SECT. 44. If a sufficient number of jurors, summoned 
 as aforesaid, do not appear, or if, by reason of challenges, 
 or some other cause, there shall not be a sufficient num- 
 ber of lawful men to make up the panel the court may 
 order the sheriff to return such number of "good and 
 lawful freeholders of the county, as may be necessary 
 for that purpose ; and when the sheriff is interested, or 
 related to either of the parties, the court may direct the 
 constable, or such officer as they shall appoint, to make 
 such return; which jurors, being so returned, shall per- 
 form the duty required of them, on the same penalty as 
 is inflicted on those who make default of appearance ; 
 and when the jury are empanneled, they shall take the 
 oath prescribed by law. 
 
 SECT. 45. The parties shall have process of subpoena Process for 
 or summons, signed by the clerk of the court, or a justice witnesses, 
 of the peace, to be served by an officer, or indifferent 
 person, to bring their witnesses into court : and if any 
 person, upon whom a subpoena shall be served to appear, 
 and testify in a cause pending before any court, and to 
 whom one day's attendance and fees for travelling to 
 court have been tendered, shall neglect, or refuse to ap- 
 pear and testify, without reasonable excuse, he shall for- 
 feit five dollars, and pay all damage to the party aggriev- 
 ed, to be recovered, by a proper action, in his name : and 
 it shall be lawful for the court, on due proof of the service 
 of the subpoena, and the tender of the fees as aforesaid, 
 to issue a capias, directed to some proper officer, to arrest Capias, 
 such witness, and bring him before the court to testify. 
 
 SECT. 46. When any witness, in a civil cause, lives out Depositions, 
 of the state, or more than twenty miles from the place when and how 
 of trial, is going to sea, or out of the state, or by age, taken - 
 sickness or bodily infirmity, is unable to travel to court, 
 or is confined in gaol on legal process, his deposition 
 may be taken, by a justice of the peace ; provided reason- 
 able notice shall be given to the adverse party, or his 
 known agent or attorney, if either of them live within 
 twenty miles of the place of caption, or left at his usual 
 place of abode, to be present at the time of taking such 
 deposition ; and depositions may be taken in any other 
 state or country, by a magistrate, having power to ad- 
 jnainister oaths. And the witness shall be cautioned to 
 speak the whole truth, shall be carefully examined, shall
 
 46 
 
 Title 2. Actions Civil. 
 
 Not to be writ- 
 ten, by any 
 person inter- 
 ested. 
 
 Witnesses, 
 how compelled 
 to give deposi- 
 tion?. 
 
 Depositions, 
 how opened. 
 
 Petition for 
 perpetuating 
 testimony. 
 
 subscribe his deposition, and make oath to it, before a 
 justice of the peace, who shall attest the same, certify 
 that the adverse party, or his agent, was present, (if so) 
 or that he was notified, if living within twenty miles ; who 
 shall also certify the reason of taking such deposition ; 
 shall seal it up ; direct it to the court where it is to be 
 used ; and deliver it, if desired, to the party at whose 
 request it was taken. 
 
 SECT. 47. The party, his attorney, or any person in- 
 terested, shall not write, draw up, or dictate any deposi- 
 tion : and every deposition so drawn up, or that shall be 
 returned to the court unsealed, by any other hand than 
 that of the justice of the peace who took it, or the seal ol 
 which shall be broken, shall be rejected by the court* 
 
 SECT. 48. Every justice of the peace shall have power 
 to issue a subpoena, upon request, for the appearance of 
 any witness before him in a civil cause, where he is bound 
 to sea, is going out of the state, or lives more than twenty- 
 miles from the place of trial ; and to take his deposition, 
 the adverse party, or his agent, being present, or duly 
 notified, if living within twenty miles of the place o 
 caption : and if such witness should refuse to appear, the 
 justice of the peace may issue a capias, and cause him to 
 be brought before him ; and if he shall refuse to give his 
 deposition, the justice of the peace may commit him to 
 prison till he will comply. And in like manner, the de- 
 positions of witnesses living in this state, may be taken, 
 to be used as evidence in a suit depending in any court of 
 judicature in any other of the United States, on applica- 
 tion of either of the parties to such suit. 
 
 SECT. 49. The clerks of the several county and su- 
 perior courts shall have power to open any deposition 
 directed to the courts of which they are respectively 
 clerks, either in vacation, or during the session of the 
 court, in open court, or elsewhere, as may be conven- 
 ient. 
 
 SECT. 50. Whenever any person shall be desirous of 
 perpetuating the testimony of witness or witnesses, con- 
 cerning any matter which may be the subject of a suit in 
 law or equity, he may present his petition to any judge 
 of the superior court, or to the chief judge of any county- 
 court at any time, setting forth the necessity or expedi- 
 ency thereof, the names of the witnesses, the subject mat- 
 ter of the controversy, and the names of all persons in- 
 terested therein, and praying that the depositions of the 
 witness or witnesses may be taken and perpetuated ; 
 and thereupon the said judge shall make an order, ap- 
 pointing a time and place for the respondents in such pe- 
 tition to appear before him, and shew cause why the
 
 Title 2. Actions Civil. S < 
 
 prayer of the petition should not be granted, and pre- 
 scribing such notice thereof to the parties, whether resi- 
 dent in this slate or not, as he may think reasonable. 
 And if, at the time appointed, the said judge shall find, 
 on due proof being made thereof, that notice hath been Order for lak- 
 given according to said order, he -hall further direct, if * ^positions, 
 no sufficient cause be shown to the contrary, that said 
 depositions shall be taken, either by r himself or any other 
 person or persons whom he may appoint for that pur- 
 pose, and at such times and places as he may prescribe. 
 
 SECT. 51. The depositions taken in pursuance of this Depositions so 
 Act, shall be sealed up and directed to the clerk of the ^f^J^ 
 superior court in the county where the petitioners, or e d to the clerk, 
 some of them, dwell ; and the clerk shall open and lodge and by him to 
 the same on file, together with the petition and the seve- JJ^JJ^J fi ^ 
 ral orders of the judge, and proceedings thereon. 
 
 SECT. 52. Copies of the depositions taken in conform- Copies availa- 
 ity to the directions of this act, and duly certified by the ble. 
 clerk, shall be available in all cases in law and equity, in 
 the same manner as depositions taken during the pend- 
 ency of a suit. 
 
 SECT. 53. The judge or other person or persons taking power of ad- 
 said depositions, may adjourn from time to time, as ne- journment: 
 cessity or convenience may require, giving notice there- 
 of to the parties present ; and shall have power to cause | n ^^e ^ 
 the attendance of a witness or witnesses in this state, by witnesses. 
 subpoena and capias, as in ordinary civil actions. 
 
 SECT. 54. Either judge of the superior court, when the commissions 
 court is not in session, shall have power, when necessary, to take deposi- 
 to issue a commission to take the deposition of any per- tions- 
 son or persons, resident out of this state, to be used in a 
 cause pending before such court, notice being given to 
 the adverse party to appear before such judge ; and the 
 chief judge of each county court, shall have the same 
 power, when the court is not in session, on giving notice 
 to the adverse party, if the deposition is to be used in a 
 cause pending before the county court, of which he is 
 judge. 
 
 SECT. 55. In all cases wherein a commissioner or com- Commissioners 
 missioners shall be appointed, according to the laws, usa- entitled' to^ub- 
 ges or customs of any of the states or territories of the pcena or capias 
 United States to take testimony or depositions in writing to compel at- 
 in this state, to be used and improved in any of the courts 
 
 of said states or territories such commissioner or commis- 
 sioners so appointed, may apply to any justice of the 
 peace for a writ of subpoena or capias, as the case may 
 require, to cause or compel the appearance of any wit- 
 ness before such conrfmissioner or commissioners to give 
 testimony before them. 
 
 9
 
 50 
 
 Title 2. Actions Civil 
 
 Witnesses re- 
 fusing to testify 
 may be com- 
 mitted. 
 
 Exemplifica- 
 tion of laws of 
 o/ther states, 
 admissible. 
 
 Tainted stat- 
 utes of olher 
 states admissi- 
 ble. 
 
 Sworn copies. 
 
 Certified co- 
 ,pies. 
 
 -private corpo- 
 rations, how to 
 dcr.lare and 
 plead. 
 
 Direction of 
 court to the 
 jury. 
 
 'SECT. 56. If any person who shall have heen duly 
 summoned as a witness to testify before such commission- 
 er orcommissioners as aforesaid, according to law, shall re- 
 fuse to appear and give his testimony ; such justice of 
 the peace may commit such person to prison until he 
 will comply. 
 
 SECT. 57. An exemplification by the secretary of this 
 state, of the laws of the several states in the United States, 
 which have been, or shall hereafter be, transmitted, by 
 order of the executives or legislatures of the same, to 
 the governor of this state, and by him deposited in the 
 oifice of the said secretary, shall be admissible in evi- 
 dence, in any court in this state. 
 
 SECT. 58. The public statutes of the several states in 
 the United States, printed by authority thereof, shall be 
 legal evidence ; and the courts shall take notice of them 
 judicially. 
 
 SECT. 59. When the clerk of any court, town, society 
 or corporation is absent, or is, by sickness, or otherwise, 
 unable to perform the duties of his office, the files, records, 
 votes and proceedings of such court, town, society or 
 corporation may be proved in any court of law, by copies 
 examined and sworn to, by credible witnesses. 
 
 SECT. 60. In all public offices and corporations, where 
 entries or records are made of their acts, votes and pro- 
 ceedings, by some officer appointed for that purpose, a 
 copy thereof, certified under the hand of such officer, 
 and the seal of such office or corporation, (if there be 
 any) shall be legal evidence: and if any such officer 
 shall, knowingly, make a fale certificate, he shall be 
 punishable in the same manner as if guilty of perjury. 
 
 SECT. 61. It shall be competent for all corporations, 
 created by private acts, in suits where their corporate 
 rights are concerned, to declare and plead in the same 
 manner, as if erected by public acts. 
 
 SECT. 62. It shall be the duty of the court to decide 
 all questions of law arising in the trial of a cause, and in 
 committing the cause to the jury, to direct them to find 
 accordingly ; and to submit all questions of fact to the ju- 
 ry, with such observations as they may think proper on. 
 the evidence, for their information, without any direction 
 how they shall find the facts. (6) After the cause is com- 
 
 (6) In charging the jury, the former 
 practice was, to submit 1o them the law, 
 as well as the fact, without expressing 
 any opinion, or giving any direction how 
 to find tlvir verdict. This practice was, 
 probably, co-eval with the government, 
 and undoubtedly originatf-d froinlhb pow- 
 er given the court to return the jury to a 
 
 further consideration : it continued tiH 
 1807, (see 3 Day 28.) when it was chang- 
 ed, and the superior court exercised the 
 power of directing the jury in matters of 
 law. This was sanctioned by a rule of the 
 supreme court of errors, in 1807 ; and the 
 mode of charging the jury, both as to the 
 law aud the fact, is now so modified by
 
 Title 2. del ions Civil. 31 
 
 raitted to the jury, no pleas, arguments or evidence shall 
 be received, before the verdict is returned into court and 
 recorded. 
 
 SECT. 63. The court shall determine questions of law, Special ver- 
 referred to them, by the jury, in a special verdict, which dicti 
 the jury may give.Avhen they entertain doubts respecting 
 the points of law arising in the cause, or when the parties 
 request it: in which special verdict they shall find the 
 facts, and state the question of law to wit Ifthelawbe 
 so, m such a point, then we find for the plaintiff ; but if 
 the law be otherwise, then we find for the defendant. 
 And when the jury find a verdict in favor of the plaintiff, Assessment of 
 they shall assess the damages he shall be entitled to re- 
 cover. 
 
 SECT. 64. The court shall have power, if they judge Court . ma y 
 the 'Ury have mistaken the evidence in the cause, and further Ton- 
 have brought in a verdict contrary to it, or where they sideration. 
 have brought in a verdict contrary to the direction of the 
 court in a matter of law, to return them to a second con- 
 sideration, and for like reason shall have power to return 
 them to a third consideration, and no more. 
 
 SECT. 65. The jury, after a cause has been committed ^ry to be un- 
 to them, shall be under the charge of an officer appointed O f ' au ^fficer! 6 
 by the court, who shall permit no person to be present 
 with them, or to speak to them, when assembled for de- 
 liberation : nor shall the jurors converse with any person 
 but among themselves, relative to the cause under con- 
 sideration, before they have returned their verdict ; and 
 wheii they have agreed upon a verdict, they shall return 
 it to the court.(7) If any juror shall converse with any Misconduct oi 
 person concerning the cause, except his fellows, while it Jur 
 is under consideration, or shall voluntarily suffer any 
 other person to converse with him, such verdict, on mo- 
 tion, may be set aside, and the court before whom such 
 action is pending, shall cause such juror to come before 
 them, and if, on due enquiry, they shall find him guilty, 
 the court shall inflict on him a fine of seven dollars, for* 
 the use of the state ; and if any juror shall be convicted a 
 second time of such offence, he shall be forever disqualifi- 
 
 the present statute, that the court will the court to con fine- the jury, in the same 
 
 have the power to sum up the evidence, manner as in England, yet a practice was 
 
 explain the testimony, and direct the jury adopted, to permit the jury to adjourn, to- 
 
 in questions of \tvr, in the manner best separate, and to take refreshments, so as 
 
 calculated to lead them to a correct de- to give them a reasonable opportunity to 
 
 termination. consider the cause committed to them, 
 
 (7) By a statute in the revised code of and to agree upon their verdict. The 
 
 1702, the jury were to be confined in the practice under the former statute has heen 
 
 cuslody of an officer, appointed by the sanctioned by a judicial determination, 
 
 court, till they had agreed upon a verdict. and the present statute is made conform- 
 
 Ihough the statute would have perrnitt&d able to it. 1 Conn, Rep. 402. n.
 
 Title 2. Actions Civil. 
 
 Of officer OP 
 jurors. 
 
 "Parties may 
 agree to try 
 issues in fact, 
 by the court. 
 
 Court to de- 
 cide issues in 
 law 
 
 Damages on 
 penal bonds. 
 
 Judgment up- 
 on bonds, the 
 breach of 
 which may 
 happen at dif- 
 ferent times. 
 
 Scire-facias 
 for further 
 breach. 
 
 ed to sit as a juror in any case whatever. And if the of- 
 ficer appointed to attend on the jury, or any of the jurors, 
 shall be guilty of any disorderly conduct, or shall neglect 
 and refuse to perform their respective duties, or shall dis- 
 obey the orders of the court, then the court may inflict a 
 fine on such officer or juror, not exceeding four dollars. 
 
 SECT. 66. In all actions pending before the superior 
 and county courts, where the parties shall join issue upon 
 any matter of fact, and agree to, and do, put themselves 
 on the court, for the trial of such issue, the judges of such 
 court shall have power to hear and try the same, without 
 a jury, and to award damages and costs, and grant exe- 
 cution thereon, in the same manner, and on the same 
 principles, as in trials by jury. 
 
 SECT. 67. In all cases where the parties join in demur- 
 rer, or in an issue in law, the same shall be heard and 
 determined by the judges of the court: and the court shall 
 render judgment on all verdicts of the jury, according to 
 their finding, with cost, unless the same shall be set aside. 
 And in all cases where judgment is rendered otherwise 
 than on verdict, in favor of the plaintiff, the court shall 
 assess and award the damages he shall recover. 
 
 SECT. 68. In actions on penal bonds, containing condi- 
 tions which have been forfeited and broken, the court, 
 or jury, when tried by the jury, shall find and assess such 
 damages as are justly and equitably due, and judgment 
 shall not be rendered for the whole penalty, unless it ap- 
 pear to be due. And if upon a bond with conditions, the 
 breach of which may happen at different times, a suit be 
 brought upon the first breach of such conditions, the 
 court, upon the forfeiture of such bond found on trial, 
 demurrer, confession, or otherwise, shall render judg- 
 ment for what is due in equity, at the time, with cost, 
 and award execution thereon. And upon any further or 
 other breach, or neglect of performance of any other 
 particular, in the condition annexed to, or indorsed upon 
 said bond, the obligee, his executors or administrators, 
 may take out a scire-facias against the obligor, his exe- 
 cutors, or administrators, from the clerk of the court in 
 which the judgment was given, to shew cause why exe- 
 cution should not be awarded for the money then due, 
 or damages then sustained : and the court shall render 
 judgment for what shall appear to be due in equity, and 
 grant execution thereon ; and so from time to time, till 
 all the particulars mentioned in the condition are per- 
 formed and completed : provided, that the whole amount 
 of such judgment shall not exceed the penalty in thr 
 bond with interest.
 
 Title '2. ^ictioiia Civil. .j3 
 
 .SKCT. 09. All actions, wherein the matter in demand Final jurisdic- 
 iloes not exceed the value of seventy dollars, and all ac- 
 tions brought on bond or note, given for the payment of 
 money only, vouched by t\vo witnesses, (except such 
 matters as may be tried by a justice of the peace) shall 
 be heard, and finally determined, by the county court. 
 
 SECT. 70. In any action brought to and tried by the Appeals from 
 county court, wherein the title of land is drawn in ques- coun y cour 
 lion, and determined, or wherein the debt, damage, or 
 matter in dispute shall exceed the value of seventy dol- 
 lars, (except it be on bond or note, vouched by two wit- 
 nesses,) if either party shall be aggrieved by the sen- 
 tence or judgment of such court, an appeal shall be al- 
 lowed to the next superior court in the same county : 
 and in actions of trespass qua re clausumfregit, wherein 
 the damages demanded shall be less than seventy dollars, 
 brought to the county court, in which the title of lands 
 shall be in question between the parties, it shall be the 
 duty of such county court, on the trial thereof, to cause a 
 record to be made, that the title of lands was in question 
 in such action, and thereupon an appeal shall be allowed 
 to the superior court, as in other cases ; and such ap- 
 peals shall be entered during the term of the sitting of the 
 court from whence they shall be made ; and sufficient 
 frond, with surety, shall be given, by the party appealing, Bond on ap- 
 to the adverse party, to prosecute such appeal to etiect, P ea 
 and answer all damages in case he make not his plea 
 good. And all appeals to the superior court shall be en- 
 tered before the second opening of said court, and not af- 
 ter, unless the appellant shall pay to the appellee all his 
 cost in such case arisen to that time, which shall not be 
 refunded, however the cause may eventually be determin- 
 ed : \qj}ich cost, being taxed and paid, the action may be 
 entered by the appellant, before the jury attending such 
 court are dismissed, and not after : and if the appellant 
 do not enter his appeal before the jury are dismissed, 
 the appellee may enter the same after the jury are dis- 
 missed, and have the judgment of the county court af- 
 firmed, with additional cost, and execution granted ac- 
 cordingly. 
 
 SECT. 71. Whenever an appeal is taken from the coun- Actions, when 
 ty court to the superior court, in an action not appeal- re:nanded 
 able, the superior court shall remand it to the county 
 court, from whence it came, by appeal, and such county 
 court, on the remanding thereof, may, on motion, for any 
 pist and reasonable cause appearing, grant a new trial 
 thereon, or make such order as to justice shall appertain. 
 And if the superior court render a judgment in a cause 
 appealed as aforesaid, and the same is brought, by way
 
 54 
 
 Title 2. Actions Civil. 
 
 Appeal from 
 justices of the 
 peace, where 
 the right of 
 water or pas- 
 sage is con- 
 cerned. 
 
 Removal of 
 actions on 
 plea of title be- 
 fore justice of 
 the peace. 
 
 *-&~*t Si 
 
 y 
 
 of error or complaint, before the supreme court of errors^ 
 and is by such court reversed, on the ground of it? ^of 
 having been appealable, it shall be the duty of said su- 
 preme court, to remand the same to the county court as 
 aforesaid ; and thereupon the said county court may, on 
 motion grant a new trial thereon, or make order on the 
 same as aforesaid. 
 
 SECT. 72. In all actions brought before any justice of 
 the peace, demanding not more thau seven dollars dama- 
 ages, charging the defendant with raising or obstructing the 
 waters of any stream, river, creek, or arm of the sea, by 
 the erection of any mill, dam, or other obstructions, in 
 which the defendant shall justify the same, by a special 
 plea, stating or alleging a lawful right ; and in all actions 
 brought before any justice of the peace, demanding not 
 more than seven dollars damages, charging the defendant 
 with an injury done to land, in which the defendant shall 
 justify the same by a special plea, stating or alleging a 
 right of way ; the party who shall be aggrieved by the 
 judgment of such justice of the peace, shall be allowed 
 an appeal to the next county court, in the same county, 
 on giving a bond, with sufficient surety, to prosecute his 
 appeal to effect. And the party who shall be aggrieved 
 by the judgment of such county court, shall be allowed; 
 an appeal to the next superior court, in the same county,, 
 on giving bond, with sufficient surety, to prosecute his 
 appeal to effect ; and the defendant, in all actions appeal- 
 ed as aforesaid, shall not, without liberty of such county, 
 or superior court, amend, alter, or change the plea so 
 made, before such justice of the peace. 
 
 SECT. 73. When, in an action of trespass quare clau- 
 sumfregit, brought before a justice of the peace, demand- 
 ing not more than seven dollars damage, the defcndant 
 shall justify, by a plea of title to the land, a record shall 
 be made thereof, and the matter of fact shall be taken to 
 be confessed, and the defendant shall become bound to 
 the adverse party, before such justice of the peace, with 
 sufficient surety, in a recognizance in a sum not exceed- 
 ing seventy dollars, that he will prosecute his plea, and 
 enter such cause in the next county court, in the county 
 where the land lies, and prosecute the same to cifect, and 
 pay all damages and cost, if he fails to make his plea 
 good : and if he neglect to give such bond, his plea shall 
 be rejected, and the action proceed. And it shall be the 
 duty of the defendant, when he has pleaded and given 
 bond as aforesaid, to obtain certified copies of the prdf 
 ceedings before the justice of the peace ; for which he 
 shali pay the same fees as are paid to clerks of courts for 
 copies, and to enter the same in the docket of such county
 
 Title 2. Actions Civil. 55 
 
 tourt, before the second opening of the same ; and if he 
 should fail to do it. he shall be liable, on such recogni- 
 zance, to pay to the plaintiff all the damage he has sus- 
 tained. And if on trial, before such court, he shall fail 
 to make out a title paramount to the title of the plaintiff, 
 he shall pay treble damages and cost. 
 
 SECT. 74. In all actions of trespass, and trespass on the Costs, 
 case, tried in any county or superior court, if the dama- 
 ges therein found, by the verdict of the ,ury. or otherwise, 
 shall not exceed seven dollars, the plaintiff shall recover 
 no more cost than damages, unless the title of land, the 
 right of way, or the right to the use of water, is in ques- 
 tion. And in all actions of assault and battery, and of 
 assault and battery and false imprisonment, and of sian- 
 der, in w r hich the plaintiff shall recover in the superior 
 court, by verdict of the jury, or otherwise, a sum not 
 exceeding seventy dollars, he shall recover no cost, which 
 accrued by reason of the appeal : Provided, that when 
 the defendant, in any of the actions aforesaid, shall re- 
 move such action, by appeal, from a justice of the peace 
 to the county court, or from the county court to the su- 
 perior court, the plaintiff, on recovering final judgment 
 against the defendant, shall recover his full costs of suit. 
 
 SECT. 75. Whenever two or more suits or actions at 
 law shall be pending in the same court, at the same time, ed. 
 for the recovery of the same debt, damage or demand ; or 
 whenever two or more suits shall be pending before the 
 same court, at the same time, against two or more officers, 
 upon receipts for executions, arising from the same ori- 
 ginal judgment, the court before which such suits shall 
 be pending, shall not tax or allow any bills of costs, in 
 any such suit or suits, unless such court shall be of opin- 
 ion that the commencement of such several suits was ne- 
 cessary to secure said debt, damages, or demand. 
 
 SECT. 76. The superior and county courts shall and New *lj? ls '. .' 
 may, from time to time, as occasion may require, and as g^nted 
 by them shall be judged reasonable and proper, grant new 
 trials of causes that shall come before them, for mis-plead- ' 
 ing, or discovery of new evidence, or for other reasonable 
 cause, according to the common and usual rules and 
 methods in such cases. When the superior court shall 
 be of opinion that the verdict of the jury is against the 
 evidence given in the cause, they may. at their discretion, 
 make a statement of the evidence, and report the same ro 
 the supreme court of errors, in the county where 5;. ^fr- 
 action is pending, at their next session 5 and if such court 
 shall be of opinion, that the verdict is against the evidence
 
 ..it> Title 2. Actions Civil 
 
 in the cause, they shall have power, at their discretion, 
 to grant a new trial. (8) 
 
 Writs of error. SECT. 77. Writs of error may be brought to the supe- 
 rior court, from the judgments of the county and cit} 
 courts, and of justices of the peace, for any error in the 
 same, to be proceeded with according to the course oi 
 the common law : and when, on such writ of error, the 
 judgment of the inferior court shall not be reversed, but 
 affirmed, by the superior court, the defendant shall recov- 
 er cost against the plaintiff: but if, on such trial, it shall 
 be determined that the judgment complained of is erro- 
 neous, the court shall reverse and set aside the same, and 
 the plaintiff shall recover all he has been damaged there- 
 by ; but no cost on the writ of error, in case of a reversal, 
 shall be allowed for either party. 
 
 Proceedings on SECT. 78. When any judgment shall be reversed, the 
 reversal. plaintiff in the original action, on which such erroneous 
 
 judgment was given, may enter his action in the said su- 
 perior court, (unless reversed on the principle that shews 
 the action cannot be sustained,) where it shall be pro- 
 ceeded with, and tried in the same manner, as if it had 
 or could have been brought there by appeal. And the 
 whole cost in the said action, (excepting the cost on the 
 writ of error,) shall be allowed and taxed in favor of him 
 who shall recover final judgment : provided, that when 
 the original action is of such a nature, that it cannot be 
 tried in the superior court, and it appears that further 
 proceedings may be had in the county court, it shall be 
 the duty of the superior court to remand the same to the 
 county court, in which such erroneous judgment was ren- 
 dered, who shall proceed therein in the same manner as 
 in other cases of the like kind, brought originally to said 
 county court. 
 
 Interest on SECT. 79. The courts having cognizance of writs of 
 
 judgments not error, upon the affirmance of any judgment or decree, or 
 
 reversed. upon a nonsuit or withdraw, by the plaintiff in error, 
 
 may, according to their discretion, adjudge and decree to 
 
 the defendant in error, besides his cost, the interest of the 
 
 money delayed by such writ of error, and grant execu- 
 
 tion accordingly. 
 
 Signingof writs SECT. 80. Writs of error shall be allowed and signed. 
 of error. by the judges of the court, to which they are returnable : 
 
 (8) The doctrine was, for a long time, 1807, (see 3 Day, 29.) when they adopted 
 
 recognized, by our courts, that the verdict the rule that the court should instruct the 
 
 of the jury was conclusive, and that a new jury in matters of law. The grantingjoi 
 
 trial could not be granted, because it was new trials, where the verdict was agains: 
 
 against law, or evidence. The principle, evidence, was settled by a decision of the 
 
 that new trials should be granted because supreme court of errors, in 1816, and i* 
 
 the verdict was against law, was recogni- confirmed and modified, by this statntf 
 
 zed by the supreme court of errors, ijn 1 Conn. Rep. 472
 
 Title 2. Actions Civil 57 
 
 and the judge signing the writ shall take good and suffi- 
 cient bond, with surety, that the plaintiff in error shall Bond for pro- 
 prosecute his suit to effect, and answer all damages, if he secutloa - 
 fail to make his plea good. And writs of error shall be Service 
 served by the officer's leaving a true and attested copy 
 thereof with the defendant in error, or at his usual place 
 of abode : or if he be not a resident of this state, then 
 with the attorney who appeared in the original cause. 
 All writs of error, wherein there are more than one de- Service of 
 
 fendant in error, may be served, by leaving a true and wnts oi e 7? r 
 J c , - on several de.- 
 
 attested copy thereof, by some proper officer, with one fendants. 
 
 of the defendants in error, or at his or her usual place of //&</ h 14 . 
 abode, and on the other defendant or defendants in er- 
 ror, by reading the same, by a proper officer, in his, her 
 or their hearing, or by copy in manner aforesaid. And 
 whenever a writ of error is to be served on the petition- W^ of error, 
 ers for a highway, it shall be legal service for the writ to be "f^"^* ^ 
 read in the hearing of any of the three first signing petition- highway, on 
 ers, or an attested copy thereof left at the usual place of whom, and 
 abode of either of the said three first signing petitioners, se r ved 
 twelve days inclusive before the day of the court's sitting. 
 
 SECT. 81. Whenever final judgment is rendered in the Party entitled 
 superior court, in any case in which a party may be en- to writ ' er " 
 titled to a writ of error therein, to the supreme court of motion^for re- 
 errors, such party may, in the same term, and within moval of re- 
 twenty-four hours after final judgment, file his motion cord to tue su t 
 that the record in such case may be transmitted to the erronf 
 next supreme court of errors, which would have cogni- 
 zance of a motion for a new trial in said case, and if, on 
 such motion, the superior court shall be of opinion that 
 the same is not intended for delay, but that the questions 
 arising on the record are such as entitles the party to a 
 revision thereof, such court may allow the motion, if the 
 party moving shall give sufficient security, by recogni- Recognizance 
 zance, to the adverse party, to pay all damages, ifjie fail 
 to prosecute the same to effect ; and thereupon a copy 
 of the record shall be entered on file in the next supreme 
 court of errors, who shall proceed therein in the same 
 manner as on a writ of error. 
 
 SECT. 82. All executions issued by the clerks of the Executions, 
 
 superior court, or of the county courts, or by justices of h 7 directed, 
 
 J a- J J and when to b* 
 
 the peace, may be directed to any officers proper to serve returned. 
 
 the same, in any of the counties in the state ; and the of- 
 ficers to whom the same are directed and delivered, shall 
 duly and faithfully serve and return the same, according 
 to the directions therein given ; which being returned, 
 shall be kept on file in the office out of which they issued. 
 And all writs of execution shall be made returnable with- 
 in sixty days, or to the next court, (in case sixty days are 
 
 10
 
 Executions, 
 how served. 
 
 /r f. <Jf - 
 
 
 
 ecution. 
 /#.-. 
 
 Title '2. Actions Civil. 
 
 remaining between the next court and the date of the 
 execution,) at the election of him who prays out the 
 same : and all executions granted by justices of the peace, 
 shall be made returnable in sixty days : and all sheriffs 
 and constables shall have power to execute any writ of 
 execution to them directed within their own precincts. 
 
 SECT. 83. Executions shall be granted against the 
 goods, chattels, lands and body of the debtor ; and when 
 any execution is taken out and delivered to the sheriff 
 or constable, to whom it is directed to serve, he shall 
 repair to the debtor's usual place of abode, if within 
 his precincts, unless he findshim at some other place, and 
 make demand of the debt, or sum due on such execution, 
 with his lawful fees, and upon refusal or neglect of pay- 
 ment of the same, such officer shall indorse on the execu- 
 tion when and where he made demand of the debt and 
 sum due thereon, and shall levy the same on the personal 
 estate of the debtor, except such estate as is hereinafter 
 cxempted from execution or warrant ; and on such es- 
 tate also, if the same shall be presented by the debtor. 
 And the officer shall advertise and post such estate, with 
 -a particular account thereof, on the sign-post in the soci- 
 f ety where taken, to be there sold at public vendue, at 
 *23 the end of twenty days, specifying the day of the month 
 when the sale is to take place. And in such societies as 
 are made out of two or more towns, the constables of such 
 towns shall have the same power and authority, where 
 the sign-post shall be without the limits of the society to 
 which they belong, as other constables by law have within 
 their respective districts. And in case the debtor shall 
 not, within said twenty days, pay the debt, and all the 
 cost and charges, that have arisen, the officer shall sell, 
 at beat of drum, to the highest bidder, such goods, or so 
 many of them, as may be necessary to pay the execution, 
 and the lawful fees and expenses, and the overplus, (if any 
 there be) he shall return to the owner. Provided, that 
 necessary apparel, bedding, and household furniture, 
 *ex- necessary for supporting life; arms; military equip- 
 ments ; implements of the debtor's trade ; one cow : any 
 number of sheep not exceeding ten ; and two swine ; 
 being the property of one person : that any quantity of 
 wood not exceeding two cords ; any quantity of hay not 
 exceeding two tons ; any quantity of beef or pork not 
 exceeding two hundred pounds weight ; any quantity of 
 fish not exceeding two hundred pounds weight ; any quan- 
 tity of potatoes or turnips not exceeding five bushels of 
 each ; any quantity oflndian corn or rye not exceeding 
 ten bushels of each, and the meal or flour manufactured 
 therefrom; any quantity of wool ox flax not exceeding
 
 Title 2. Actions Civil. .39 
 
 twenty pounds weight of each, or the yarn or cloth made 
 therefrom ; one stove, and the pipe belonging thereto ; 
 being the property of any one person having a wife or 
 family : and that the horse, saddle and bridle of any prac- 
 tising physician or surgeon, of a value not exceeding one 
 hundred dollars, shall be exempted, and not be liable 
 to be taken, by warrant or execution, for any debt or tax 
 whatever. 
 
 SECT. 34. In case personal estate of the debtor, suffi- When to be 
 cient to satisfy the debt and charges cannot be found, levied on the 
 and the creditor shall not agree to accept or take the J ' 
 debtor's lands, the officer shall levy the execution on the 
 body of the debtor, and him commit to the common gaol 
 in the county in which the execution is levied, where he 
 shall remain till he pay the debt, and the lawful fees and 
 
 charges. And every officer who shall commit any person 
 
 , T , J p T , ,. i 1 1 j T Copyofexecu- 
 
 to prison, by virtue of distress or execution, shall deliver t j 0n to be left 
 
 a copy of the writ or execution, signed by such officer, to with gaoler, 
 the keeper of the gaol, which shall be a sufficient warrant 
 to him to hold such person in safe custody, till he be de- 
 livered in due course of law. 
 
 SECT. 85. When personal estate, sufficient to pay the ^ vh . en , tote 
 sum mentioned in the execution, and the lawful fees and a e n( j now to 
 charges, cannot be found, by the officer, or shall not be proceed, 
 tendered by the debtor, or his attorney, to be taken on 
 such execution, then such officer, by the direction of the 
 creditor, or his attorney, may levy the same on the lands, 
 tenements or real estate of the debtor, holden in his own 
 right, and the same shall be appraised, by three indifferent 
 freeholders of the town where the lands lie, or if that 
 town be a party, then of the next adjoining town, one of 
 whom shall be appointed by the creditor, and another by 
 the debtor, and if they do not agree in appointing a third, 
 or if either party neglect to appoint, the officer may ap- 
 ply to any justice of the peace in the town, (who by law 
 may judge between them in civil causes,) who' shall ap- 
 point one or more appraisers, as the case mVy require : 
 which appraisers, being sworn according to law, shall 
 make an estimate of such land or real estate, according 
 to its true value, in writing under their hands, or either 
 two of them, and the same deliver to such officer : who 
 shall thereupon set out to the creditor, by metes and 
 bounds, so much of the lands as may be sufficient, at the 
 appraisal, to pay the debt on the execution, and the law- 
 ful charges, if sufficient, if not, so much as there may be, 
 to be indorsed in part payment of the execution, accord- 
 ing to its value at its appraisal, (9) 
 
 (9) In consequence of the extreme scar- other mode for the satisfaction of cxecu- 
 city of specie in a newly settled country, lions. Accordingly, a law was made in 
 It became nece??ary to provide ?om^ 161). enacting; that a judgment-creditor,
 
 To be record 
 ed. 
 
 Return, 
 
 When county 
 court may di- 
 rect execution 
 to indifferent 
 persons. 
 
 When execu- 
 tion must be 
 levied on body 
 of debtor com- 
 mitted to pris- 
 on. 
 
 Levy of execu- 
 tion on stock of 
 incorporated 
 companies. 
 
 Title 2. Actions Civil. 
 
 SECT. 86. It shall be the duty of the officer to cause 
 such execution, with his proper indorsement thereon, of 
 such appraisal, and his proceedings, to be recorded at 
 length, in the records of the town-clerk, where the lands 
 or real estate lie ; and he shall have thirty-four cents for 
 causing the same to be recorded, with additional fees for 
 his travel : and he shall then return such execution into 
 the office of the clerk of the court from whence it issued, 
 there to be kept on file. And all executions served, re- 
 turned, and recorded as aforesaid, shall vest all the title 
 of the debtor, in the creditor, his heirs and assigns. 
 
 SECT. 37. When the sheriff of any county shall receive 
 executions from the treasurer of the state, against the in- 
 habitants of any town or towns, for the arrears of public 
 taxes, and shall levy the same on the estate of such in- 
 habitants, or any part of them, and take their receipts for 
 such estate, to be delivered at the place of sale, according 
 to law, and on the failure of the delivery of such estate, 
 shall obtainjudgment and execution thereon, against the 
 inhabitants of such towns, or any part of them, the judges 
 of the county court, in the county where the parties be- 
 long, may, at the request of the sheriff, depute and em- 
 power some suitable and indifferent person, to serve and 
 return such executions : which persons, deputed as afore- 
 said, shall have the same power and authority, in serving 
 such executions, as sheriffs by law have. And such sher- 
 iff shall be responsible for any neglect or default of every 
 person, deputed at his request as aforesaid, in the same 
 manner as for his deputies. 
 
 SECT. 88. When the body of any person is attached, 
 and for want of bail is committed to prison, the person so 
 committed shall not be holden in prison, by virtue of such 
 commitment, for a longer time than five days after the 
 rising of the court in which final judgment shall be ren- 
 dered ; and in case no execution shall be taken out, and 
 levied upon the person of such imprisoned debtor, within 
 five days as aforesaid, the keeper of the gaol, upon his 
 fees being paid, may not hold such prisoner any longer, 
 by virtue of such commitment. 
 
 SECT. 89. The levy of executions on the rights or 
 shares, which any person owns in the stock of any bank 
 insurance company, turnpike company, or other corpora' 
 
 when execution was levied upon the 
 goods of a debtor, should take them at 
 appraisal. In 1685, the sheriff W as au- 
 
 onsed to sell the goods taken on exe- 
 cution, for the specific property originally 
 contracted to be paid, and the debtor 
 
 d liberty to redeem it whbin sixty days. 
 
 In the revision of 1792, the law directs 
 the sale of goods on an outcry for money, 
 and gives the debtor a right to redeem 
 within twenty days, by paying the debt 
 In 1711, a statute was made, containing, 
 in substance, the provisions of the present 
 law. 
 
 I
 
 Title 2. Actions Civil. 61 
 
 tion, together with the interest, rent and profits due and 
 growing due thereon, shall be, by leaving a true and at- 
 tested copy thereof with the cashier, secretary or clerk, 
 with an attested certificate, by the officer making such 
 levy, that he levies upon and takes such rights or shares, 
 to satisfy such execution ; and thereupon such officer shall 
 post the same according to law, and, as in other cases, 
 shall, at vendue, sell the same, together with such inter- shares to be 
 osts, rents and profits, or so many thereof, as shall be sold at auction, 
 sufficient to satisfy such execution, or so much thereof as 
 
 such rights or shares may produce ; and such officer shall Officer to trans- 
 
 ,11 , -j fer shares, and 
 
 thereupon give to the purchaser, an instrument in writ- leave cop ' y of 
 
 ing, conveying to him such rights or shares ; and shall execution, &,c 
 also leave with such cashier, secretary or clerk, a true ith cashier, 
 and attested copy of the execution, and of his return 
 thereon ; and the purchaser shall thereupon be entitled 
 to all dividends and stock, and to the same privileges, as 
 a member of such company or corporation, as such 
 debtor was entitled to. And whenever any proper offi- 
 cer shall, with a writ of attachment or execution, apply 
 to such cashier, secretary or clerk, for the purpose of so Cashier. &c. oh 
 attaching or levying upon such rights or shares, the application of 
 cashier, secretary or clerk shall furnish him with a certi- ^- K ^ e ^ ert jfii 
 ficate,. under his hand, in his official capacity, ascertain- cate of defend- 
 ing the number of rights or shares the defendant holds in ant's shares, &c, 
 the stock of such bank, company or corporation, with the 
 incumbrances thereon, if any there be, and the amount of 
 the dividends thereon due. 
 
 SECT. 90. When any bank, incorporated by authority Attachment, or 
 of this state, has no cashier, or the cashier is absent there- ley y of execu - 
 from, or any insurance company, turnpike company, or ||, e n r ' e w ^ 
 other company incorporated by the laws of this state, has cashier, clerk, 
 no secretary or clerk therein, then the rights or shares, &c - 
 which any person may own in the stock of any such cor- 
 poration, may be attached, by leaving a true and attested 
 copy of the writ of attachment, by the officer serving the 
 same, with his proper endorsement thereon, or be taken 
 by execution, by leaving the copies of such execution 
 and certificates before and after sale, in said act prescrib- 
 ed, at the banking-house, toll-house, manufacturing- 
 house, or other principal house or place in this state, 
 where such corporation transact their business, or ex- 
 ercise their corporate powers ; instead of leaving the 
 same with the cashier of such bank, or with the secretary 
 or clerk of such company, as in-this act is required.
 
 (52 Title 3. Arbitration. 
 
 TITLE 3. Arbitration. 
 
 An Act authorising submissions to Arbitration 
 to be made rules of court. 
 
 TTJ E it enacted by the Senateand House of Rep- 
 JLB resentatives, in General Assembly conn ened, 
 That all persons desiring to end any dispute or contro- 
 versy, by arbitration, may agree, that their submission to 
 arbitrators shall be made a rule of the superior court, or 
 of any of the county courts, or city courts, and may insert 
 their agreement in the submission, or in the condition of 
 the bond or promise ; and on producing an affidavit of 
 such agreement, and filing it in court, the same shall be 
 Submission entered of record ; and a rule of court shall thereupon be 
 made a rule of made, that the parties shall submit to, and be finally con- 
 court, eluded by, such arbitration : or such persons, desiring to 
 end a controversy as aforesaid, may personally appear 
 before the superior court, or any county court, or city 
 court, and acknowledge, that they have mutually agreed 
 to refer all their matters of difference, or any particular 
 dispute, to the arbitrament of certain persons by them 
 agreed on, and named ; and on their desiring such sub- 
 mission to be made a rule of court, the same may be en- 
 tered of record, and a rule of court shall thereupon be 
 made, that the parties shall submit to, and finally be con- 
 cluded by, such arbitration ; and in either of the above 
 cases, the award of the arbitrators being returned into 
 Judgment on court, and accepted by the same, judgment shall be ren- 
 award. dered thereon, for the party in whose favor the award is 
 made, to recover the sum awarded to be paid to him, with 
 additional costs, and execution shall be granted accord- 
 ingly, if the party against whom the award is made, shall 
 neglect or refuse to perform the same. 
 
 Reference of SECT. 2. When any personal action shall be pending 
 actions pending m court, if the parties desire to refer the same to arbi- 
 tration, each may choose one person to be an arbitrator, 
 and the court may appoint a third ; and the award of such 
 arbitrators, returned into court, and accepted, shall be an 
 end of such controversy, and judgment shall be rendered 
 pursuant to the same, and execution granted thereon,, 
 with cost. 
 
 Witnesses be- SECT. 3. When disputes shall be submitted to arbitra- 
 i ore arbitrators. - i ,-,, i i c *. .a 
 
 tion, by act of the parties, or rule ol court, the necessary 
 
 witnesses may be summoned, and sworn, and shall be re- 
 sponsible to the parties for refusing to attend, as in trials 
 at law ; and if guilty of false swearing, shall be punisha- 
 ble in the same manner as for perjury.
 
 Title 4. Auction . 63 
 
 TITLE 4. Auction. 
 
 An Act imposing a duty on sales at auction, in 
 certain cases. 
 
 HI E it enacted by the Senate and House ofRe.p- 
 _D resentatives in General Assembly convened, 
 That there shall be levied, and collected, and paid for the Duty of two 
 use of this state, upon all sales by way of auction, of goods, sf/j^at auc 
 wares, ormerchandize, of foreign growth, produce, or man- tion of foreign 
 ufacture, two per cent, of the purchase mone3 r , arising by goods, 
 sale at auction, of such goods, wares, ormerchandize, tobe 
 paid by the auctioneer, or person making such salesatauc- 
 tion, out of the monies arising from each and every such 
 sale, to the clerk of the civil authority of the town in which Limitation, 
 such sales are made : Provided always, that nothing in 
 this act contained, shall extend to any sale or sales by 
 auction, of seal skins, or whale, or spermaceti, or ele- 
 phant or fish oil, or fish or whale-bone, taken and import- 
 ed by citizens of this state ; or of goods, wares, and mer- 
 chandize, made pursuant to, or in execution of, any rule, 
 order, decree, sentence, or judgment of any court ; or 
 made in virtue, or by force of any law, touching the col- 
 lection of any tax or duty, either of this state or the 
 United States : or the disposal of property, by auction, 
 belonging either to this state or the United States ; or 
 made in consequence of any bankruptcy or insolvency, 
 pursuant to any law concerning bankruptcies or insol- 
 vencies ; or made in consequence of any general assign- 
 ment of property and effects, for the benefit of creditors ; 
 or made by, or on behalf of, any executor or administra- 
 tor, or executors or administrators. 
 
 SECT. 2. No person shall exercise the business of an Auctioneer of 
 auctioneer, by the selling of any goods, wares, merchan- foreign goods 
 dize of foreign growth, produce, or manufacture, where- to be licenseii 
 by the best and highest bidder is deemed to be the pur- 
 chaser, unless such person shall have a license therefor, 
 from the civil authority of the town in which he intends to 
 exercise said business, signed by the clerk of said board of 
 civil authority, on pain of forfeiting to the treasury of 
 this state, for every such sale, the sum of fifty dollars, to- Penalty for 
 gether with the sums or duties payable, by this act, upon ou't'ilfense 11 
 the goods, wares, or merchandize so sold without license : 
 Provided however, that nothing herein contained, shall Limitation, 
 be construed to require a license for the sale at auction 
 of any goods, chattels, or other thing, which by this act 
 are not made liable to duty, or are exempted from duty.
 
 64 
 
 Civil authority 
 to grant li- 
 cence. 
 
 Title 5. Bail. 
 
 Applicant to 
 give bond, 
 with surety. 
 
 Condition of 
 bond. 
 
 Clerk's fee. 
 
 Auctioneer to 
 render ac- 
 count quarter- 
 ly- 
 
 pay 
 over duties to 
 the state 
 treasurer, by 
 the 10th of 
 May annually. 
 
 License to be 
 valid for one 
 year only. 
 
 Bail, when to 
 be taken. 
 
 SECT. 3. The civil authority of the several towns in this 
 state, are hereby authorized to grant a licence to exer- 
 cise the business of an auctioneer of goods, wares, and 
 merchandize of foreign growth, produce, or manufacture. 
 within their respective towns, to any inhabitant of this 
 state, who shall apply for the same ; provided Ihe person 
 so applying shall first give bond, with good surety, in the 
 sum of three hundred dollars, to the acceptance of the 
 civil authority in the town in which he resides, payable 
 to the treasurer of this state, conditioned that the person 
 applying for such license will duly pay to the clerk of 
 said board of civil authority, the duties imposed by this 
 act, on or before the first Mondays of October, January, 
 April and July, in each year, and shall, in all other re- 
 spects, comply with the requirements of this act. And 
 the clerk of any board of civil authority, shall be entitled 
 to receive the sum of fifty cents, for every such licence 
 by him signed, to be paid by the person who applies for 
 such license. 
 
 SECT. 4. Each person, licensed as aforesaid, shall 
 render, on oath, to the clerk of the civil authority, by 
 whom his license was granted, on the first Mondays of 
 October, January, April, and July, in each year, a true 
 and particular account, in writing, of the monies, or sums, 
 for which any goods, wares, or merchandize, made liable 
 to duty by this act, have been sold, at every sale at auc- 
 tion, by such person, and of the several articles, lots, and 
 parcels, which shall have been sold, the price of each ar- 
 ticle, lot, or parcel, and by whom purchased, during the 
 three months preceding. 
 
 SECT. 5. The clerks of the different boards of civil au- 
 thority, who shall have received any duties on sales at 
 auction, pursuant to the provisions of this act, shall annu- 
 ally, on or before the 10th of May, pay over the same to 
 the treasurer of this state. 
 
 SECT. 6. No license, granted by virtue of this act, shall 
 be of any validity, for any longer term than one year 
 from the date thereof. 
 
 Title 5. Bail, 
 An Act concerning Bail in civil actions, 
 
 SECT. 1 . "R"^ *' enacte d ty the Senate and House ofRep> 
 Jj rcsentatives in General Assembly convened, 
 That it shall be the duty of sheriffs, deputy sheriffs 
 constables, and indifferent persons deputed to serve writs 
 of attachment, to take sufficient bail, when offered by any
 
 Title 5. Bail. 65 
 
 person by them arrested, or held in custody, on mesne pro- 
 cess, in any civil action ; which bail shall be one or more 
 substantial inhabitants of this state, of sufficient ability to 
 respond the judgment that may be recovered in the ac- 
 tion ; who shall become bound to such officer, in a suffi- 
 cient sum, conditioned for the appearance of the person, 
 so arrested, before the court to which the writ is returna- 
 ble, and the person arrested shall thereupon be liberated 
 from such arrest. And where the person so arrested shall 
 be committed togaol on mesne process, for want of bail, it 
 shall be the duty of the sheriffhaving charge ofthe gaol, at 
 any time before the session of the court, to which the 
 writ is returnable, to take good and sufficient bail as 
 aforesaid, when offered, for the appearance of suchperson 
 before such court; on which he shall be released- from 
 confinement in gaol. 
 
 SECT. 2. No defendant, whose person has been attach- Defendant, 
 ed and let to bail, as aforesaid, shall be admitted to ap- when b 1 " 1 ^ 
 pear and plead or defend in such action, until he hath in i*hout spe^ 
 court given special bail, with sufficient sureties as afore- cial bail, 
 said, for his abiding final judgment in the cause, if the 
 plaintiff require the same. 
 
 SECT. 3. When any defendant committed to gaol, for When persons 
 want of bail to the officer, shall remain confined therein co 
 after the term to which the writ is returnable ; or where bailed 
 a defendant, committed to gaol for want of special bail, 
 shall remain confined therein, after the session of the 
 court, and the action shall be continued, it shall be the 
 duty ofthe sheriffhaving charge of the gaol, to take bail, 
 when offered, with sufficient sureties as aforesaid, for his 
 abiding the final judgment that shall be rendered in the 
 cause ; and thereupon such defendant shall be released 
 from imprisonment, 
 
 SECT. 4. In either ofthe cases aforesaid, every such When belli? 
 surety or sureties, shall be obliged to satisfy the judment liable - 
 in case ofthe principal's avoidance, and a return of non 
 est inventus on the execution ; unless such surety, on or 
 before the time of entering up final judgment, shall bring 
 the principal into court, and move tobe discharged; upon 
 which the court shall order the keeper of the gaol to re- 
 ceive him into custody, that his body may be taken on 
 execution. 
 
 SECT. 5. Ar>d the party in whose favor the judgment Suit against 
 is given, may have a writ of scire-facias, or other proper suret y- 
 action, on the bond against such surety or sureties, to re- 
 cover the sum, for which judgment shall be rendered 
 against the principal, with additional cost; provided such 
 writ of scire-f arias, or other process on the bond, shall 
 be taken out and served upon the surety or sureties, withr 
 
 11
 
 456 
 
 Title 6. Banks. 
 
 Officer to as- 
 
 in twelve months after the rendering of such final judg- 
 ment. And the surety, against whom such recovery is 
 had, shall have his proper action for an indemnity against 
 the principal. 
 
 SECT. 6. It shall he the duty of the officer to assign the 
 sign bail bond, bail-bond to the plaintiff, on his request ; and no action 
 shall he maintained against the officer who took the hail, 
 unless he shall have taken insufficient bail, or shall refuse 
 to assign the bail-bond to the plaintiff, that he may have 
 a remedy agreeably to this act. 
 
 SECT. 7. And in case of bonds given for the prosecu- 
 tion of any action or appeal, the surety or sureties, shall 
 be liable to satisfy the cost that shall be recovered against 
 the principal, if it cannot be had out of his estate : to be 
 recovered by a writ of scire-facias, or a proper action on 
 the bond. And no security to prosecute an appeal, shall 
 exonerate the special bail in the cause. 
 
 SECT. 8. In all cases, where any person, or persons, 
 have executed a bail-bond, or entered into recognizance 
 for the personal appearance of another, and such bail ox- 
 surety shall afterwards believe that his principal intends to 
 abscond, such bail, or surety, on application to any jus- 
 tice of the peace, in the county in which such principal 
 resides, and producing his bail-bond, or evidence of his 
 being bailor surety, and verifying the reason of his appli- 
 cation, by oath or otherwise, it shall be the duty of such 
 justice forthwith to grant a mittimus, directed to the sher- 
 iff, his deputy, or constable, or indifferent person of the 
 county in which such application shall be made, com- 
 manding such officer or indifferent person, forthwith to 
 arrest such principal, and him commit to the keeper of 
 the common gaol in such county, who is hereby author- 
 ised to receive such principal, and him retain in gaol, 
 until discharged by due order of law. 
 
 Liability of 
 surety on 
 bonds for pro- 
 secution. 
 
 Remedy of 
 bail against 
 principal. 
 
 Mittimus to 
 commit prin- 
 cipal. 
 
 "Banks may 
 issue post 
 notes. 
 
 Not to emit 
 bills less than 
 sue dollar. 
 
 TITLE 6. Banks. 
 
 CHAP. I. 
 An Act relative to incorporated Banks. 
 
 SECT. 1. 
 
 BE it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened, 
 That the several incorporated banks, shall have power 
 to issue post-notes, payable to order, and at a time subse- 
 quent to issuing the same. 
 
 SECT. 2. No incorporated bank shall issue any bill for 
 a sura less th$n one dollar ; and every person passing. any
 
 Title 6. Banks. 67 
 
 bill or note, issued by any bank, orcorporation whatever, 
 
 for a less sum than one dollar, shall forfeit three dollars, Penalty. 
 
 to the use of the person who shall bring an action for the 
 
 same. And it shall be the duty of all informing officers, 
 
 to prosecute to effect, all breaches of this act; and in 
 
 such cases the penalties incurred and recovered, shall be 
 
 for the use of the town where the prosecution shall be 
 
 had. 
 
 SECT. 3. All shares in banks, manufacturing, and oth- Shares in 
 er incorporated companies, shall be considered as per- be'considered 
 sonal estate, and may be disposed of as other personal personal estate" 
 estate, unless otherwise directed in the act of incor- 
 poration. 
 
 SECT. 4. The president and directors of the several Statement of 
 hanks incorporated by this state, shall, annually, on the bnk stock &c- 
 hrst Monday of March, lodge in the office of the comp- to be lodged 
 troller of public accounts, (to be by him laid before the witn comp- 
 General Assembly) a statement, under oath, of the cash- Uo er ' 
 iers of the several banks, of the amount of the capital 
 stock of such banks, and of the debts due to the same ; of 
 the monies remaining in deposit therein ; of the notes in 
 circulation, and of the cash on baud ; and, generally, of 
 the state of the bank, on the first Monday of said month, 
 of March. 
 
 CHAP. II. 
 
 An Act relative to the investment' of the funds 
 of certain corporations in the Banks of the 
 State. 
 
 BE it enacted by the Senate and House of Representa- 
 tives in General Assembly convened, That after the Limitation of 
 subscriptions to the capital stock of any bank, made by subscription? 
 the state, by religious and ecclesiastical societies, col- 
 leges, schools and corporations for charitable purposes, 
 or any of them, and liable to be withdrawn therefrom, 
 shall have amounted to one fifth part of the permanent 
 stock of such bank, the said bank shall not be required to 
 receive any further subscriptions from the funds of any 
 college, religious or ecclesiastical society, school or cor- Subscriptions 
 
 poration for charitable purposes ; and that no college, liereaft ^ r m ? dc 
 
 , P ' not to be with- 
 religious or ecclesiastical society, school, or corporation drawn without 
 
 for charitable purposes, shall have right to withdraw the two years no- 
 subscriptions, which shall hereafter be made to any bank, tice - 
 without giving to the directors thereof two years notice 
 of its intention to withdraw the same, any law to the con^ 
 trary notwithstanding :. and that no college, school, or
 
 Barberry 
 bushes may be 
 destroyed. 
 
 Select-men 
 may employ 
 persons to de- 
 stroy them 
 at the expense 
 of the town. 
 
 Mode of pro- 
 ceeding in 
 suits for main- 
 tenance. 
 
 Title 7. Barberry Bushes Title 8. Bastardy, 
 
 ecclesiastical society, or other charitable institution, shall 
 subscribe a greater sum than five thousand dollars ta any 
 one bank. 
 
 TITLE 7. Barberry Bushes. 
 An Act for destroying Barberry Bushes. 
 
 T3 E it enacted by the Senate and House of Rep- 
 JLJ resenlatwes,in General Assembly convened, 
 That any person or persons, with the advice and consent 
 of the civil authority, and select-men of any town, where 
 any barberry bushes are, or may be growing, or in pur- 
 suance of the vote of any such town, passed in legal tpwn 
 meeting, may, at any season of the year, enter on lands, 
 on which barberry bushes shall be growing, and dig up 
 and destroy them, without being liable to an action there- 
 for. 
 
 SECT. 2. The select-men of any town, in which such 
 bushes are, or shall be growing, may, in pursuance of a 
 vote of the town, passed in legal meeting, employ any 
 suitable person or persons, to dig up and destroy such 
 bushes, and defray the expence thereof from the treasu- 
 ry of the town. 
 
 TITLE 8. Bastardy. 
 
 An Act providing for the support of Bastard 
 Children. 
 
 SECT. 1. 
 
 |E it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened, 
 That any woman, who has been delivered of, or is preg- 
 nant with, a bastard child, may exhibit her complaint, on 
 oath, to a justice of the peace, in the town where she 
 dwells, against the person she charges with being the fa- 
 ther of such child ; and such justice of the peace shall, 
 thereupon, issue a warrant, and cause such person to be 
 apprehended and brought before him ; and if, on due 
 enquiry, he finds probable cause, he shall order such ac- 
 cused person to become bound, with surety, to appear 
 before the next county court, in the county, and abide 
 the order of said court ; and, on his failing to do it, shall 
 commit him to the common gaol in the county. And if 
 the child should not then be born, the court may order 
 the continuance of such cause to the next term, and the 
 renewal of such bond, if necessary. And if such woman
 
 Title 8. Bastardy. 69 
 
 shall continue constant in her accusation, being examin- 
 ed on oath, and put to the discovery, in the time of her 
 travail, such accused person shall be adjudged to be the 
 reputed father of such bastard child, unless, from the tes- 
 timony adduced by him, or otherwise, the court shall be 
 of opinion that he is innocent of the charge, when they 
 shall acquit him. and he shall recover his cost. And if 
 the court find him guilty, they shall make an order, that Order of court, 
 he shall stand charged with the maintenance of such 
 child, with the assistance of the mother, and that he shall 
 pay a certain sum per week, for such time as the court 
 shall judge proper, and that the clerk of the court shall 
 issue execution for the same, quarterly : and the court 
 shall ascertain the expense of lying-in, and the nursing 
 of such child, till the time of rendering judgment, and 
 order him to pay one half thereof to the complainant, 
 and grant execution for the same, and lawful cost of suit : 
 and the court may direct, and require such person to be- 
 come bound, with sufficient surety, to perform such order, 
 and to indemnify the town, chargeable with the support 
 of such child, from any expense for its maintenance ; 
 and if he fail to do it, to commit him to the common gaol, 
 there to remain till he complies with the same. Provid- Court may 
 ed, that if it shall appear that such mother does not apply discontinue 
 the weekly allowance, paid by the reputed father, to- f" e ^othlr! 
 wards the support of such child, and that such child is if not applied: 
 chargeable, or likely to become chargeable to the town 
 where it belongs, the court, on application, may discon- 
 tinue the allowance to the mother, for the support of the 
 child, and may direct it to be paid to the select-men of 
 such town, for that purpose, and may issue execution in 
 their favor for the same accordingly. 
 
 SECT. 2. The town interested in the support of a bast- When towns 
 ard child, when sufficient security shall not be offered to ma y prosecute, 
 indemnify such town against all charge and expense for 
 the support of such child, and the mother neglects to 
 bring forward her suit for maintenance, may, by their se- 
 lect-men, institute a suit against the person accused of 
 begetting such bastard child ; and may take up and pur- 
 sue, in their name, by their select-men, any suit com- 
 menced by the mother, for the maintenance of such child, 
 in case she fails to prosecute the same to final judgment ; 
 and any bond given by the defendant, in such case, to 
 the complainant, shall have the same effect as if given to 
 such town : and, if the court shall find the defendant guil- 
 ty, they shall make an order that he shall give a bond, 
 with sufficient surety, to such town, to indemnify them, 
 against all expense for the maintenance of such child, and 
 to pay the cost of prosecution ; and, on failure thereof,.
 
 70 Titled. Book Debts. 
 
 may commit him to the common gaol, there to remain 
 till he complies with such order. 
 
 Limitation. SECT. 3. No prosecution shall be brought but within 
 
 three years of the birth of the bastard child ; provided, 
 the time any person accused, shall be absent from the 
 state, shall not be computed.(l) 
 
 (1) In the revision of 1672, an act ap- tion, nor designate the prosecutor, or the 
 pears, subjecting the father of a bastard mode of yielding the maintenance. The 
 child to the maintenance of it, with the practice, however, has always been, for 
 assistance of the mother, as the court shall the woman to institute a suit in her own 
 order, and providing that the person name; and it has been decided, that a dis- 
 charged by the mother to be the father, covery, in time of travail, is an indispen- 
 shall be adjudged to be the reputed lather, sable part of the evidence. In the .revi- 
 upon her continuing constant in the sion of 1784, the power was given to 
 charge, especially being put upon the dis- towns, chargeable with the support of a 
 covery of the truth, in the time of her bastard child, to continue prosecutions 
 travail ; with a proviso, that if no person begun by the mother, ifs.be should neglect 
 should be accused, in the time of hertra- to proceed, and to bring forward prosecu- 
 vail, it should not abate the conviction of lions, where she should neglect. The 
 the reputed father. This proviso is omit- present statute is made conformable ta 
 ted in the revision of 1702. This statute the practical construction of the old stat 
 does not prescribe the mode of prosecu- ute. See 1 >a#,278. 1 Con. Rep. 417. 
 
 TITLE9. Book Debts. 
 
 An Act Concerning Book Debts. 
 
 1 JP&E it enacted by the senate and House of Rep- 
 mJ resentatives in General Assembly convened, 
 
 Evidence of That in all actions of debt on book, tried on the general 
 the parties, and issue, the evidence of the parties, and of any other per- 
 
 of persons in- sons interested, taken in or out of court, in such manner 
 
 terested,admis- 3 c ^ .-, . ' , , 
 
 sibie. and form as evidence in other cases is required by law 
 
 to be taken, may be admitted by the court ; and the triers 
 shall well weigh and consider the credit of such winesses, 
 together with the entries of the parties in their respec- 
 tive books, and any other evidence given them, and all 
 the other circumstances attending such cases. (1) 
 Oyer of defend- SECT. 2. When the defendant, in any action of debt on 
 ant's book. book, shall have pleaded any plea, under which it shall 
 be lawful to give in evidence any book account in favor 
 of the defendant against the plaintiff", the court may, on 
 motion of the plaintiff, made in reasonable time, order 
 thatoycr shall be given to the plaintiff of the book of the" 
 
 (1) In this revision of 1750, the statute probably co-eval with the government ; 
 
 directs, that the jury shall well weigh and and though repugi ant to the principles 
 
 consider the credit of the. parties admitted adopted in other cases, yet it is consistent 
 
 to take their oaths. This, undoubtedly, with tne practice in matters of account, 
 
 refers to a well known practice, previous- both in law and equity, from which it was 
 
 ]y adopted, to admit the parties, in book probably borrowed 
 debt actions, to testify ; and which was
 
 . TitleQ. Book Debts. 71 
 
 defendant, either forthwith, or within such time as the 
 court may prescribe. 
 
 SECT. 3. In every action of deht on book, wherein the Appointment of 
 account shall be alleged to be above seventeen dollars, au " ltors - 
 the court, before which such action is pending, shall have 
 power to appoint not more than three able, judicious and 
 disinterested men. to audit and adjust the accounts be- 
 tween the parties ; who shall have the same power, and 
 be sworn and proceed in the same manner, as auditors in 
 a proper action of account ; and their award being re- 
 turned into court, judgment shall be rendered in pursu- 
 ance thereof. 
 
 SECT. 4. In every action of debt on book, it shall be Defendant may 
 lawful for the defendant to plead, in addition to the gen- p^i^g- Q Wes 
 eral plea that he owes the plaintiff nothing, that the plain- him. 
 tiff is indebted, or in arrear to him the defendant, to 
 balance book accounts ; and if it shall so be found, on the 
 trial, judgment shall be rendered for the defendant, to re- 
 cover of the plaintiff the sum so found to be due, with 
 costs; and the party aggrieved by the judgment, on such 
 plea, shall have the same right of appeal as he would 
 have had, if the action had been brought by the defend- 
 ant, demanding the same sum as that claimed in said plea : 
 Provided nevertheless, that if in any such action brought R emova j O f 
 before a justice of the peace, the defendant, in his plea, the cause from 
 shall claim a greater balance than thirty-five dollars, such justice of the 
 plea shall not be received, unless the party making the 
 same, shall pay to said justice, for the use of this state, a 
 duty of thirty-four cents, and shall enter into a recogni- 
 zance, with sufficient surety to the adverse party, in a rea- < 
 sonable sum, to remove said cause to, and pursue his 
 plea, before the county court next to be hoiden in the 
 county, and to answer all damages in case he shall fail to 
 make his plea good ; which recognizance the said justice 
 shall have power to take, and when taken, he shall record 
 said plea ; and if the party, so removing the cause, shall 
 not recover final judgment for a greater sum than thjny- 
 five dollars, he shall not be entitled to costs ; and if nnal 
 judgment shall be rendered against him, he shall be sub- 
 jected to double costs. 
 
 SECT. 5. If any defendant, in any action of debt on i n what case 
 book, brought against him before any court in this state, n costs shall 
 shall neglect to exhibit his account on trial, to be adjust- ^ e 
 ed as aforesaid, and shall afterwards bring an action 
 against the other party, for the recovery of such articles 
 of book debt as might have been adjusted and settled in 
 the trial of the former action, if he recover judgment for 
 such debt, he shall not be allowed any costs ; unless he 
 make it appear, to the satisfaction of the court before
 
 72 
 
 Title 10. Bounds. Title 11. Briefs. . 
 
 whom the trial is, that he had no knowledge of the former 
 suit, before the time of trial, or was inevitably hindered 
 from appearing and exhibiting his account as aforesaid. 
 
 
 Towns to set 
 out bounds. 
 
 Towns to re- 
 new bounds 
 once in three 
 years. 
 
 Penalty for 
 neglect 
 
 Governor may 
 grant briefs. 
 
 TITLE 10. Bounds. 
 An Act to ascertain the Bounds of Towns. 
 
 SECT. 1. 
 
 E it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened, 
 That every town shall procure their bounds to be set out 
 by plain and durable marks and monuments, which shall 
 be a large heap of stones, or a ditch six feet long, and two 
 and a half feet wide, of ordinary depth, at every corner, 
 and once in every eighty rods, in the lines running from 
 corner to corner. 
 
 SECT. 2. And once in three years, in March, April, Oc- 
 tober, or November, the select-men of the adjoining towns, 
 shall appoint two or more persons to perambulate the 
 lines, and renew the bounds and monuments between the 
 towns, on forfeiture of fourteen dollars, by every town 
 who shall neglect the same, one half to the use of the 
 town with whom they refuse to join in perambulation, 
 and the other half to the treasury of the county ; and in 
 case both the adjoining towns neglect to perambulate, the 
 one half shall be to the use of him who shall prosecute to 
 effect, and the other half to the treasury of the county. 
 And it shall be the duty of the select-men of the most 
 ancient town, to give six days notice, to the select- 
 men of the adjoining town, of the time and place of 
 meeting for such perambulation ; and each town shall 
 pay the charge of the persons appointed by them for 
 that purpose. 
 
 TITLE 11. Briefi. 
 
 BE it enacted by the Senate and House of Representa- 
 tives in General Assembly convened, That the gov- 
 ernor may grant briefs, soliciting charitable contributions, 
 in cases of great misfortunes and losses, by fire, or other 
 providential accidents, to be read, published and attended 
 to, in public meetings, in the several towns, or religious 
 societies and congregations, or such part of them as he 
 may judge proper : and every person who shall read and 
 publish any brief, soliciting charitable contributions, not 
 allowed as aforesaid, in any town, religious society, or 
 congregation, shall forfeit the sum of seventeen dollars, 
 one third to him who shall prosecute to effect, and two
 
 Titk 12. Canada Thistle. 73 
 
 thirds to the treasury of the county. Provided, that this Proviso, 
 act shall not extend to contributions, on special occasions, 
 for the afflicted and distressed members of any particular 
 town, society, or congregation. 
 
 TITLE 12. Canada Thistle. 
 
 An Act to prevent the spreading of the Canada 
 Thistle. 
 
 . TJ E it enacted by the Senate and House of Rep- 
 
 JI3 rescntatives, in General Assembly convene d, Duty of owner 
 That every owner or possessor of lands, shall cut or mow or possessor of 
 down all the Canada thistles growing thereon, or in the a 
 highway, adjoining the same, so often as to prevent their 
 going to seed ; and if any owner or possessor of land shall 
 suffer any such tliistles to grow thereon, or in the high- 
 way adjoining the same, and the seed to ripen, so as to Penalty 
 cause, or endanger the spreading thereof, he shall forfeit 
 and pay the sum of live dollars for every offence, to him 
 who shall prosecute his action to effect ; and any person 
 may enter on the lands of another, who shall neglect to 
 cut or mow down such thistles, and may cut or mow 
 down such thistles, and shall not be liable to be sued, in 
 an action of trespass, therefor. Lands in gras? 
 
 SECT. 2. No owner or possessor of lands, which are not iobe 
 in grass, shall plough, or suffer to be ploughed, any lands ^ 
 on which Canada thistles are growing ; and where lands 
 are in tillage, on which such thistles are growing, the 
 owner or possessor shall, as soon as may be, cause the 
 same to be seeded down to grass ; and if any such owner 
 or possessor shall be guilty of a breach of this section of penalty, 
 the act, he shall forfeit five dollars, to be recovered by 
 any person who shall sue for and prosecute the same to 
 effect. Towns empow- 
 
 SECT. 3. Every town shall have power to make such ered to make 
 
 , . regulations, 
 
 regulations as they may judge proper and expedient, to 
 
 destroy or prevent the spreading of Canada thistles. Penalty for 
 
 SECT. 4. If any person shall knowingly vend any grass vendin S thistte 
 seed, in which there is any seed of the thistle, such per- 
 son shall be liable to pay a penalty of ten dollars, to the 
 
 use of any person who will prosecute the same to effect. 
 
 - 
 
 12
 
 74 Title 13. Children. 
 
 TITLE 13. Children.. 
 
 An Act for the education and government of 
 Children. 
 
 "O E it enacted by the Senate and House of Rep- 
 JL* rcsentatives in General Assembly convened. 
 
 Children to be That all parents, and those who have the care of chil- 
 dren, shall bring them up in some honest and lawful call- 
 ing or employment ; and shall teach and instruct them, 
 or cause them to be taught and instructed, to read and 
 write, and cypher as far as the first four rules of arith- 
 metic. 
 
 If neglected, SECT. 2. The select-men, in their respective towns, 
 may bincTthera s ^ a ^ i n9 P ect the conduct of the heads of families, and if 
 out. they find any Avho neglect the education of the children 
 
 under their care, they may admonish them to attend to 
 their duty, and if they continue to be negligent, whereby 
 the children grow rude, stubborn, and unruly, they shall, 
 with the advice of a justice of the peace, take such chil- 
 dren from their parents, or those who have the charge of 
 them, and bind them out to some proper master, males 
 till twenty-one, and females till eighteen, that they may 
 be properly educated and brought up in some lawful 
 calling and employment ; which binding shall be valid 
 and effectual. 
 
 'Stubborn chil- SECT. 3. Whenever any children or minors shall be 
 stubborn and rebellious, and shall refuse to obey the 
 commands, and resist the authority of their parents, or 
 those who have the charge of them, then the parents, or 
 those who have the charge of them, or any informing offi- 
 cer, may make complaint to two justices of the peace, in 
 the town where the parties live, who shall have power to 
 issue a warrant, and cause such children to be apprehend- 
 ed, and brought before them ; and if, on due enquiry, 
 they shall find them to be guilty, they may sentence them 
 to be committed to the house of correction, in the town 
 where they live, or if there be none in that town, to the 
 common gaol in the county, to reiuain confined to hard 
 Proviso. labor, so long as said justices of the peace shall judge 
 
 proper, not exceeding thirty days. Provided, that said 
 justices, on the reformation of such children, may, at any- 
 time after the commitment, order their release, and re- 
 turn to their parents.
 
 Title 14. Communities. Title 15. Constables. 
 
 TITLE 14. Communities. 
 
 An Act enabling Communities to enforce and de- 
 fend their rights. 
 
 BE it enacted by the Senate and House ofRep- 
 MJ rcscntativcs in General Assembly convened, 
 
 That towns, and all lawful societies, communities, or Communities, 
 corporations, shall have power to commence and prose- now to sue an * 
 cute any suits or actions, to maintain and recover their ' 
 rights, before any court proper to try the same ; and may 
 appear and prosecute, by their agents or attornies. duly 
 appointed, and may, in like manner, defend, in all suits 
 brought against them ; and when sued, the service of the 
 writ, by leavings true and attested copy of it, by some 
 proper officer, with their clerk, or either of the select- 
 men, or of the committee, or the secretary or cashier, 
 twelve days before the sitting of the court to which it is 
 returnable, shall be sufficient notice for them to appear 
 and answer. And where any community, or corpora- 
 tion, incorporated by authority of this state, transact their 
 business in the same, and have no secretary, clerk, cash- -; .- .: .', 
 ier, or other officer, residing therein, then a- true and 
 attested copy of the writ, left with the agent of such cor- 
 poration, residing in this state, or if there be none, then 
 at the house or place where such corporation transact 
 their business, and exercise their corporate powers, shall 
 be sufficient service of such writ. 
 
 SECT. 2. All towns, and lawful societies, communities, Ma 7 appoint 
 and corporations, shall have power, in their lawful meet- agea 
 ings, to appoint agents to appear in their behalf, and to 
 employ attornies, if necessary, to prosecute or defend, in 
 the suits in which they are parties. 
 
 SECT. 3. Counties, in the name of their treasurer, shall Counties em- 
 have power to commence and prosecute to final judgment, ^ 
 any suit at law, or bill in equity, necessary to enforce, 
 acquire, or establish any right, title, or demand, and to 
 appear by agent, or attorney, in any suit in favor of, or. 
 gainst such county. 
 
 TITLE 15. Constables. 
 An Act relating to Constables. 
 
 I T3 E it enacted by the Senate and House of Rep- 
 
 JLJ rescntatives. in General Assembly convened. Towns to ap- 
 rpi . i_ 11 . A. i A- I point con?ta- 
 
 Inat every town shall, at their annual meeting, appoint {,] es
 
 76 
 
 Title 1 5. Constables. 
 
 Their power. 
 
 To receive 
 hue-and-cries. 
 
 To put forth 
 hoe-and-cries. 
 
 To apprehend 
 offenders. 
 
 May command 
 assistance. 
 
 Penalty for 
 neglect of duty. 
 
 one constable, to levy and collect the state taxes, and 
 such other number of constables as they may judge expe- 
 dient, not exceeding seven, who shall take the oath pre- 
 scribed by the constitution, for executive officers, on, or 
 before the first Monday of January, in each year, and 
 shall hold their offices until the next annual meeting of 
 the town, or until others are chosen, and sworn in their 
 room. 
 
 SECT. 2. Constables shall have the same power within 
 their own towns, to serve and execute all lawful writs, 
 precepts, and warrants, directed to them, by lawful au- 
 thority, as sheriffs have bylaw, within their counties, and 
 shall be liable in the same manner, for any neglect, de- 
 fault, or misconduct in their office. 
 
 SECT. 3. Constables shall duly receive all hue-and- 
 cries, and the same diligently pursue to full effect ; and 
 where they are granted, or sent out, after capital or crim- 
 inal offenders, such pursuit shall be at the expense of the 
 state ; but such as are taken out, by private persons, in 
 their own cases, at the expense of those who take them 
 out. 
 
 SECT. 4. Constables shall have power to put forth pur- 
 suits, or hue-and-cries, after murderers, peace-breakers, 
 thieves, robbers, burglarians, and all capital or criminal 
 offenders, when no justice of the peace is near at 
 hand ; and also, without warrant, to apprehend such as 
 are guilty of profane swearing, drunkenness, or sabbath- 
 breaking, and them carry before the next justice of the 
 peace, to be dealt with according to law : Provided, they 
 be taken and apprehended in the act, or on present infor- 
 mation of others. 
 
 SECT. 5. Constables shall have power to command any 
 person or persons to assist them, when necessary, in 
 the execution of the duties of their office ; and if any 
 person shall refuse to assist them, having been duly re- 
 quired, he shall forfeit a sum not exceeding seven dol- 
 lars, nor less than two dollars which forfeitures shall be 
 to the use of the town where the offence is committed. 
 
 SECT. 6. And if any constable, or other person, upon 
 urgent occasion, shall refuse to aid in raising and pros- 
 ecuting hue-and-cries, either on foot, or by horse, (if need 
 be,) against criminal offenders, he or they shall forfeit 
 the sum of seven dollars, to the use aforesaid.
 
 Title 16. Convicts Title 17. Counterfeiting. 77 
 
 TITLE 16. Convicts. 
 An Act to prevent the importation of Convicts. 
 
 BE>it enacted by the Senate and House of Representatives, 
 in General Assembly convened, That no person con- 
 victed of any crime in a foreign country, and sentenced Co , n k' ct u 
 therefor to be transported abroad, shall be imported into j nto t h 
 this state ; and that any person, or persons, who shall im- 
 port or bring into this state, any such convict, or be aid- 
 ing and assisting therein, knowing such person, so import- 
 ed, to be a convict, and sentenced as aforesaid, shall forfeit 
 and pay to the treasurer of the state, the sum of three hun- 
 dred and thirty-four dollars, for every such convict so im- 
 ported as aforesaid : and whenever any person shall be 
 prosecuted for a breach of this act, he shall be deemed 
 guilty of the same, upon proof that he has imported for- Mode of P roof 
 eigners into this state, or has been aiding or assisting 
 therein, unless he can show, to the satisfaction of the tri- 
 ers, that such foreigners were not convicts, and that he 
 had lawful right to import the same. And it shall be the 
 duty of attornies for the state, and grand-jurors, to make 
 information and presentment of all breaches of this act. 
 
 TITLE 17. Counterfeiting. 
 
 An Act to prevent the passing of Counterfeit Bills 
 or Coins. 
 
 1 TQE it enacted by the Senate and House ofRep- 
 JD resentatives in General Assembly convened, 
 That when any false, forged, altered or counterfeit bill, Treasurer of 
 made in imitation of, and purporting to be, a bill of public tl 
 credit, issued by the authority of the United States, or banks author- 
 any false, forged, altered or counterfeit bill or note, issued 'zed to seize 
 by the bank of the United States, or by any incorporated ^unteifeU 
 bank in this state, or any of the United States, shall be bills and notes, 
 offered to be passed to the treasurer of the state, in pay- 
 ment of debts or taxes, or to the cashiers of any of the 
 banks in the state, in payment of debts, or to be exchang- 
 ed, it shall be their duty, and they are hereby authorised, 
 to seize and deface such counterfeit bills or notes, and to 
 enter on the back thereof, the name of the possessor, 
 and to deliver the same to some justice of the peace, for 
 the purpose of further enquiry.
 
 78 
 
 Justices of the 
 peace author- 
 ized to seize 
 and deface 
 them. 
 
 Any person 
 possessing 
 counterfeit 
 bill or note 
 shall deliver it 
 to a justice of 
 the peace. 
 
 Power of jus- 
 tices of the 
 peace to ex- 
 amine, bind 
 over, or com- 
 mit 
 
 Proceedings 
 by party re- 
 ceiving a coun- 
 terfeit bill or 
 note, to recov- 
 er damages. 
 
 Limitation of 
 suit. 
 
 Party making 
 satisfaction, to 
 
 Title 17. Counterfeiting. 
 
 SECT. 2. When any justice of the peace shall see, or 
 have knowledge of, any such counterfeit bill or note, he 
 shall have power to seize and deface the same, and shall 
 enter on the back thereof the name of the person from 
 whom he takes it, and shall retain it in his possession. 
 
 SECT. 3. When any person shall discover that he has 
 in his possession, any such counterfeit bill or note, he 
 shall deliver it to some justice of the peace ; and if such 
 justice of the peace is of opinion, that such bill or note 
 is counterfeit, he shall enter on the back of it the name 
 of the person of whom he received it, and that it was de- 
 livered to him as a counterfeit bill or note. 
 
 SECT. 4. Every justice of the peace, who has received" 
 or taken a counterfeit bill or note, or with whom one has 
 been lodged as aforesaid, may, at his discretion, cause the 
 person from whom it was seized, taken or received, to 
 come before him, and examine him on oath, respecting the- 
 person of whom he received the same ; and in like man- 
 ner, to make such further enquiry as he may deem expe- 
 dient, to discover the person who forged or altered the 
 same ; or who had passed it, knowing it to be forged or 
 altered : and when he shall obtain satisfactory proof 
 against any person, to require him to become bound, with 
 sufficient surety, to appear before the proper court for 
 trial, or to commit him for want of bail. 
 
 SECT. 5. Every person, who shall deliver up a coun- 
 terfeit bill or note, or from whom it shall be taken as 
 aforesaid, may inform the person from whom he received 
 it, with whom it is lodged, and demand of him payment 
 of the same, and on refusal, may bring his action on this 
 statute, before any court having cognizance thereof, to re- 
 cover his just damages ; and if, on trial, such bill or note 
 shall be found to be forged or altered, the court shall pro- 
 ceed to examine the parties on oath, and enquire of any 
 other proper witnesses ; and if it shall be found, that the 
 plaintiff received such bill of the defendant for a true bill, 
 he shall recover his reasonable damages, and cost : Pro- 
 vided that such suit shall be brought within one year 
 after passing such bill or note : and that the plaintiff shall 
 not have offered to return it to the defendant, before it 
 was taken by, or lodged with, a justice of the peace as 
 aforesaid : and provided also, that such suit may be 
 brought, without giving information to the defendant, and 
 making demand of payment, if the plaintiff, at the time 
 of taking out the writ, shall make oath before the author- 
 ity issuing the same, that he verily believes it is necessa- 
 ry, in order to secure the demand. 
 
 SECT. 6. Every person who shall have made satisfac- 
 tion for any such bill or note, taken or delivered up as-
 
 Title 18. Counties. 79 
 
 aforesaid, to the person to whom he put off the same, shall have like re- 
 have a like remedy against him from whom he received medy over 
 such bill or note : and justices of the peace, who shall 
 have such bills or notes in their hands, shall, at the cost 
 of the party, convey the same to any court, when neces- 
 sary, in the trial of a cause. 
 
 SECT. 7. When any false and counterfeit coin, made in Power of 
 imitation of any current gold and silver coin, shall be offer- tre ^ s . urer and 
 ed to the treasurer of the state, or to the cashier of a bank, seize counter 
 it shall be their duty to seize and deliver the same to feit coin, 
 some justice of the peace, with the name of the person 
 from whom it is taken ; and every justice of the peace, 
 who shall see or have knowledge of any such false and 
 counterfeit coin, shall seize and detain the same ; and 
 every person who shall discover that he has in his posses- 
 sion any such false and counterfeit coin, shall deliver 
 the same to some justice of the peace ; and the same 
 measures shall be pursued to detect the counterfeiters, 
 and the like remedy shall be given to the party aggrieved, 
 as in the case of counterfeit bills and notes. 
 
 TITLE 18. Counties. 
 
 An Act for stating, limiting, and naming the 
 Counties in this State. 
 
 . TT1 E it enacted by the Senate and House of Rep- 
 i3 resentatives in General Assembly convened, 
 That the towns of Hartford, Berlin, Bristol, Burlington, Hartford. 
 Canton, East-Hartford, East- Windsor, Enfield, Farming- 
 ton, Glastenbury, Granby, Hartland, Manchester, Marl- 
 borough, Simsbury, Southington, Suffield, Wethersfield 
 and Windsor, shall be and remain one county, by the 
 name of the County of Hartford. 
 
 SECT. 2. The towns of New-Haven, Branford, Chesh- New-Haven, 
 ire, Derby, East-Haven, Guilford, Hamden, Meriden, 
 Middlebury, Milford, North-Haven, Orange, Oxford, 
 Southbury, Wallingford, Waterbury, Wolcott, and Wood- 
 bridge, shall be and remain one county, by the name of 
 the County of New-Haven. 
 
 SECT. 3. The towns of New-London, Norwich, Boz- New-L ondon 
 rah, Colchester, Franklin, Griswold, Groton, Lebanon, 
 Lisbon, Lyme, Montville, North-Stonington, Preston, 
 Salem, Stonington, and waterford, shall be, and remain 
 one county, by the name of the county of New-London. 
 
 SECT. 4. The towns of Fairfield, Danbury, Bridgeport, Fairfielcl 
 Brookfield, Darien, Greenwich, Huntington, Monroe, 
 New-Canaan, New-Fairfield, Newtown, Norwalk, Read-
 
 80 
 
 Title 19. Courts. 
 
 ing, Ridgefield, Sherman, Stamford, Stratford, Trumbull, 
 Wcstori and Wilton, shall be and remain one county, by 
 the name of the County of Fairfield. 
 
 Windham. SECT. 5. The towns of Brooklyn, Ashford, Canterbury, 
 
 Columbia, Hampton, Killingly, Mansfield, Plainfield, 
 Pornfret, Sterling, Thompson, Voluntown, Windham and 
 Woodstock, shall be, and remain one county, by the 
 name of the County of Windham. 
 
 Lkclifield. SECT. 6. The towns of Litchfield, Barkhamstead, 
 
 Bethlehem, Canaan, Colebrook, Cornwall, Goshcn, Har- 
 winton, Kent, New-Hartford, New-Milford, Norfolk, 
 Plymouth, Roxbury, Salisbury, Sharon, Torrington, War- 
 ren, Washington, Watertown, Winchester and Woodbury, 
 shall be, and remain one county, by the name of the 
 County of Litchfield. 
 
 Middlesex. SECT. 7. The towns of Middletown, Haddam, Chat- 
 
 ham, Durham. East-Haddam, Killing-worth andSaybrook, 
 shall be, and remain one county, by the name of the 
 County of Middlesex. 
 
 Tolland. SECT. 8. The towns of Tolland, Bolton, Coventry, El- 
 
 lington, Hebron, Somers, Stafford, Union, Vernon, and 
 Willington, shall be, and remain one county, by the 
 name of the County of Tolland. 
 
 TITLE 21. Courts. 
 
 stituted. 
 
 Causes, where 
 tried. 
 
 Who to be 
 clerks. 
 
 Secretary of 
 state to certi- 
 fy copies. 
 
 An Act for constituting and regulating Courts, 
 and for appointing the times and places of 
 holding the same. 
 
 SECT. 1 
 
 IE it enacted by the senate and House of Rep- 
 resentatives in General Assembly convened, 
 That there shall be a supreme court of errors in this 
 state, which shall consist of one chief judge and four as- 
 sociate judges, who shall be appointed for that purpose, 
 from time to time, by the general assembly, any three of 
 whom, when met for that purpose, agreeably to law, shall 
 constitute a quorum, for doing the business of said court. 
 SECT. 2. Every cause that shall be brought to, or re- 
 moved for trial, into the supreme court of errors, shall be 
 entered and tried in that county, where such cause, or 
 judgment complained of, was originally entered, tried or 
 rendered in the superior court ; and the clerks of the su- 
 perior courts, in the several counties, shall be clerks of 
 the supreme court of errors, in their respective counties : 
 Provided nevertheless, that the secretary of state is em- 
 powered and authorised to give certified copies of the
 
 Title 19. Courts. 81 
 
 .records of the supreme court of errors, remaining in his 
 office. 
 
 'SECT. 3. The supreme court of errors shall have final Jurisdiction of 
 
 and conclusive jurisdiction of all matters, brought by way supreme court 
 J , . , c ji rf errors, and 
 
 of error, or complaint, from the judgments or decrees ot 
 
 any superior court, in matters of law or equity, wherein 
 the rules of law, or principles of equity, appear from the 
 files, records, or exhibits of said court, to have been mis- 
 takenly, or erroneously adjudged and determined ; and 
 said supreme court of errors is hereby empowered, au- 
 thorised and enabled to take cognizance of all such caus- powers. 
 es as shall be brought before them, as aforesaid, and are 
 invested with all the power and authority, necessary for 
 carrying into complete execution, all their judgments, 
 decrees, and determinations, in the matters aforesaid, ac- 
 cording to the laws, customs and usages of this state : 
 and their judgments, decrees, and determinations, shall 
 be final and conclusive, on all concerned. 
 
 SECT. 4. The supreme court of errors shall, from time ?^ assigr f ' ) 
 io time, as shall be necessary, assign to the judges there- guperior court 
 of, the county or counties, in which they shall respect- 
 ively hold a superior court, as is hereinafter provided ; 
 but the same judge shall not hold a superior court in the 
 same county, at two successive terms thereof. 
 
 SECT. 5. The supreme court of errors are hereby em- Institute rules 
 powered to institute such rules of practice, for the regu- of P ractlce 
 lation of said court, and of the superior courts, in the sev- 
 eral counties, as shall be deemed most conducive to the 
 administration of justice. 
 
 SECT. G. Whenever, by any casualty, none of the judg- If no judge at- 
 es of the supreme court of errors shall attend, on the day, * 
 and at the place, appointed by law, for the holding of said adjourned, 
 court, the sheriff of the county where said court is ap- 
 pointed to be holdcn, may adjourn the court from day 
 to day, till one or more of said judges do attend, and then 
 such judge, or judges, as may attend, may adjourn said 
 court from day to day, till a quorum be present ; or they 
 may, (or if none attend, within twenty-four hours after 
 the time appointed for holding said court, the said sheriff 
 is directed to,) continue the causes there pending, and 
 adjourn accordingly, without day. 
 
 SECT. 7. In all causes decided by the supreme court Judges to as- 
 of errors, the judges shall publicly assign the reasons of sigal 
 their judgment, at the term in which the cause shall be 
 decided, or at the next succeeding term. 
 
 SECT. 8. The supreme court of errors shall, annually, To app' nt a 
 appoint a reporter o; the julicial decisions of said court, repor 
 who shall receive such compensation for his services, as 
 the general assembly shall, from time to time, direct. 
 
 13
 
 Title 19. Courts. 
 
 Superior 
 court consti- 
 tuted. 
 
 Its jurisdic- 
 tion ; 
 criminal ; 
 
 civil. 
 
 In capital cas- 
 es, : wo judges, 
 at least, to 
 bold the court. 
 
 Equity juris- 
 diction. 
 
 Special supe- 
 rior court may 
 be bolden. 
 
 When the 
 judge, assign- 
 ed to hold the 
 couit, is pre- 
 vented, or 
 does not ap- 
 pear how to 
 proceed. 
 
 T. 9. Be it further enac'c't. That there shall be a 
 superior court of judicature of this state, to be holden an- 
 nually, in each of the counties thereof, at the times and 
 places hereafter in this act designated, by one of the 
 judges of the supreme court of errors, assigned for that 
 purpose, as is herein before provided ; which court shall 
 have cognizance of all causes, of a criminal nature, as is. 
 or shall be, prescribed by law ; and shail also have cogni- 
 zance of all causes, rer.i, ]>er-;o;-ial. or mixed, of a civil na- 
 ture, between party and p:uiy. which shall be brought be- 
 fore it, by appeal, v/rit of error, scire-facias, complaint, 
 petition, or otherwise, according to law, and the same to 
 try, by a jury, or otherwise, as the law may direct, and 
 therein to proceed to judgment, and award execution 
 thereon. But in all trials before the said court, when 
 the punishment, in case of conviction, is death, the said 
 superior court shall consist of at least two judges ; and 
 the judge who may be assigned to hold the court, where 
 such trials are to be had, shall call to his assistance, one 
 or more of the^other judges of the supreme court of er- 
 rors. 
 
 SECT. 10. "And the superior courts shall, also, have ju- 
 risdiction of all suits for relief in equity, wherein the val- 
 ue of the matter, or thing in demand, exceeds the sum of 
 three hundred and thirty-five dollars, and to enquire into 
 the facts relating to the same, by themselves, or by a 
 committee, and proceed therein to final sentence and de- 
 cree, and enforce the same, according to the rules of 
 equity ; and all suits for relief in equity, against any 
 judgment given, or cause depending at law, in the supe- 
 rior court, shall be brought to the said court. 
 
 SECT. 11. The chief judge of the supreme court of 
 errors, or in his absence from the state, or inability to att, 
 any two of the other judges, are hereby empowered to 
 call a special superior court, upon any extraordinary oc- 
 casion, and to designate the judge or judges, who shall 
 hold the same. 
 
 SECT. 12. When the judge, assigned to hold the supe- 
 rior court in any county, shall, by sickness, or other cas- 
 ualty, be prevented from holding the same, the chief 
 judge is hereby authorized and directed to hold the same* 
 or to designate some other judgc^ for that purpose : and 
 whenever it shall so happen that the judge assigned to hold 
 any superior court, shall be absent, on the day, appointed 
 by law for holding the same, it shall be the duty of the 
 sheriff of the county, where such court is to be holden, to 
 irn, by proclamation, the same, to the next day, and 
 from day to day. till a judge shall appear to hold the same. 

 
 Title 19. Courts. 83 
 
 SECT. 13. The judges of the superior court are hereby Judgesof supe- 
 fully authorised.and directed, to appoint and swear a clerk ^poh^a t0 
 of the superior court, in and for each county in this state, clerk ; 
 (and, if need.be, an assistant clerk,) whose duty it shall 
 be. and he is, hereby, fully empowered to grant execu- his duty and 
 tions on judgftients rendered in and by said court, in the P wer - 
 county in and for which he is appointed, and to do all 
 ihings proper for him as clerk of said court, in the execu- 
 tion of his office, according to the rules, orders and di- 
 rections of said court, and according to law ; and the re- 
 cords and proceedings of said court, in each county, shall 
 be and remain in the custody of the clerk of said court, 
 appointed in and for such count). 
 
 SECT. 14. The superior court shall have power, at Judges may : 
 every session, in all causes pending before them, w r hich for^ieacHno-. 
 may require a hearing, or trial, at the next succeeding &.c. 
 session, to order and direct, all pleas to be entered and 
 closed, ready for trial ; and said courts may, when they 
 deem it necessary, order such pleas to be filed, and en- 
 tered in the offices of the clerks of said court, at any time 
 during the several vacations. 
 
 SECT. 15. It shall be the duty of the superior court, May adjourn n 
 in any county, whenever the state of the business pend- session, 
 ing before the same, shall require it, to adjourn any ses- 
 sion thereof, from time to time, as shall be deemed 
 expedient. 
 
 SECT. 16. Be it further enacted. That there shall be County courts 
 held and kept in each county in this state, yearly and constituted ; 
 every year, at the times and places hereafter, in this act, 
 mentioned, two or more sessions of the county courts, by 
 a chief judge, and two associate judges, appointed and 
 commissioned for that purpose ; any two of whom shall their jurisdic- 
 have power to hold said courts : which shall have power tlo "5 
 to hear, examine, try and determine, by a jury or oth< 
 wise, all causes of acivijfcature. real, personal, or mixed, civil ; 
 and also all criminal matters, which may be regularly criminal ; 
 brought before them, according to law ; and shall also c i, anccr ,- 
 have jurisdiction of all suits, for relief in equity, wherein 
 the matter or thin;.; in demand shall not exceed the sum of 
 three hundred and thirty-five dollars, (excepting suits for 
 relief against any judgment rendered;, or cause depending 
 at law, in the superior courts.) and may proceed thei . 
 :> final sentence and decree, and enforce the same, ac- 
 cording to the rules of equity. 
 
 SECT. 17. In the absence of. or Iv^al exception to. the I" Me absence 
 chief judge of any county court, the senior associate. j^ge -^jV^ ^ho 
 present, and qualified, shall preside, and be subject to all to preside, 
 the duties, and invested with all the powers, for the time 
 being, as the chief judge : and when it shall so happen.
 
 84 
 
 In the absence 
 of two judges, 
 how the court 
 is to be formed. 
 
 Chief judge 
 may call a 
 special court. 
 Judges may 
 adjourn the 
 courts. 
 
 When a court 
 is not formed, 
 how to pro- 
 ceed. 
 
 Sheriff may 
 adjourn the 
 court. 
 
 Courts ma}' 
 appoint their 
 clerks and 
 county 
 treasurers. 
 
 Clerk's duty 
 and power. 
 
 Presiding 
 judge to have 
 a casting vote 
 
 County courts 
 may establish 
 rules of prac- 
 tice ; 
 
 admit attor- 
 nies ; 
 
 HO other per- 
 son to plead ; 
 
 Title 19. Courts. 
 
 that,by reason of the absence of, or legal exception to, airy- 
 two of the judges of any county court, there shall be but 
 one judge present, qualified to try any cause pending in 
 the same, the said judge may call to his assistance any 
 one of the justices of the peace, for the same county, not 
 legally disqualified to judge in said cause, and proceed to 
 the trial of the same. 
 
 SECT. 18. The chief judge of each county court, may 
 call a special county court, upon any extraordinary oc- 
 casion ; and the judges of said court may adjourn the 
 same, when they shall deem it necessary, to some distant 
 time ; and whenever it shall so happen that no more than 
 one of the judges of said court shall appear on the day, 
 and at the place, appointed by law, for holding the court, 
 the said judge may adjourn the same, from day to day, 
 till a quorum of judges do attend ; and whenever no one 
 of the judges of said court shall appear on said day, the. 
 sheriff of the county in which the said court is to be hold- 
 en, is hereby directed to adjourn the same, from day to 
 day, till one or more of the judges do attend, to hold said 
 court. 
 
 SECT. 19. The county courts are authorized to appoi 
 and swear their own clerks, and assistant clerks, (when- 
 ever deemed necessary) and treasurers, for their respecl 
 ive counties ; which clerks, so appointed and sworn, 
 are empowered to sign all writs and processes, as justices 
 of the peace by law are; also, to grant executions on 
 judgments rendered by said courts, on which executions 
 are to be issued, and to do all other matters and things, 
 according to the orders and directions of said courts, 
 proper for them in the execution of said office, and ac- 
 cording to law. 
 
 SECT. 20. The chief judge, or presiding judge, for the 
 time being, of the county courts, whenever there shall 
 an equal division of opinion, on any question before said 
 courts, shall have a casting voice. The like power and 
 authority, every president or moderator, in any civil court, 
 arbitration, meeting, or assembly, shall exercise, in simi- 
 lar cases, except when the law provides otherwise. 
 
 SECT. 21. The county courts may alter and est 
 rules of practice in their respective courts ; may direct 
 when pleas shall be filed and entered ; may make such 
 rules and regulations as to them shall seem proper, re- 
 lative to the admission and practice of attormes ; may 
 approve of, admit, and cause to be sworn as attormes, 
 such persons as are qualified therefor, agreeably to the 
 rules established, which admission shall be registered by 
 the clerk ; and no person not thus admitted, (except in 
 his own cause,) shall be admitted or allowed to plead at
 
 Title 19. Courts. 85 
 
 the bar of any court ; nor shall more than one attorney hw iary at- 
 
 toruies : - 
 action 
 
 be allowed to plead on the same side of any cause, ex- tc 
 
 cept wherein the title of land, or right of way, may be in 
 question, or the sum in demand shall exceed forty dol- 
 lars ; and in no case, shall more than two attornies be 
 admitted to plead, on the same side. And said attornies to be under the 
 shall be under the direction of the courts before whom direction of the 
 they plead ; and said courts may tine them, not exceed- ^y tS b' e g ne j 
 ing one dollar for any one offence against their rules, or suspended or 
 suspend, or displace them, for transgressing the rules of displaced, 
 pleading, or other rules or regulations established by 
 said courts, or for other just cause. 
 
 SECT. 22. And the county courts in each county, shall state attornies 
 appoint one attorney for the state, who shall prosecute, to be a ppo>nt- 
 manage, and plead in the county where appointed, in all e ' 
 matters proper for, and in behalf of the state ; and who 
 shall hold his office for two years, unless sooner remov- Term of ^ cej 
 ed by said courts. Each attorney for the state, before 
 entering upon the duties of his office, shall take the oath Oath, 
 prescribed by the constitution for executive officers, and 
 shall give bond, with surety, to the treasurer of the state, Bond, 
 and to his acceptance, in the sum of three thousand dol- 
 lars, conditioned that such attorney shall annually ac- 
 count for, and pay over, according to law, all monies be- 
 longing to the state, which he may receive as attorney for 
 the state. And whenever the attorney for the state shall 
 be absent or disqualified to act in any cause, the county 
 
 or superior court before whom the same is pending, may _, 
 
 r , -i -2* ,1 * Special attor- 
 
 appomt a special attorney lor the prosecution of the n y< 
 
 cause in question ; and also, on application of the at- 
 torney for the state, may appoint an assistant attorney, Assistant attor- 
 to aid in the prosecution of any suit, information or in- De y- 
 dictment. 
 
 SECT. 23. The county courts, in the respective coun- County courts 
 ties, are hereby authorized and directed to take care of to take care of 
 all the property, real and personal, in their respective y. D 
 counties, which belongs to such county ; and the same to 
 let, demise and manage, for the benefit of such county ; 
 and when they shall judge expedient, may sell or purchase 
 real estate ; and all conveyances of estates, to, or from 
 a county, shall be done in the name of the treasurer of 
 the county, and his successors in office ; and the said 
 courts may, at their discretion, license any suitable per- 
 son, who is keeper of the gaol in either of the counties, 
 and resident in a house belonging to such county, to be a , 
 taverner. 
 
 SECT. 24. The several courts herein before mention- Times and pla- 
 
 ed, shall be held at the times and places herein after spe- C( ; s f - h i di " g 
 c i , , T f , r courts in Hart- 
 
 citied, to wit, In the county of Hartford; The supreme ford county.
 
 86 
 
 Title 19. Courts. 
 
 New- Haven 
 county. 
 
 New-London 
 county. 
 
 Fairfield coun- 
 ty. 
 
 Windham 
 county. 
 
 Litchfield 
 county. 
 
 Middlesex 
 county. 
 
 court of errors, on the^econd Tuesday in June. The 
 superior court, on the second Tuesday in February ; ^ 
 on the first Tuesday in September. The county Cour 
 on the fourth Tuesday in March; on the second*Tuesday 
 in August ; and, on the second Tuesday in November. 
 In the county of New-Haven : The supreme court of 
 errors, on the Tuesday following the fourth Tuesday in 
 June. The superior court, on the third Tuesday in Jan- 
 uary ; and on the second Tuesday in August. The coun- 
 ty court, on the third Tuesday in March ; on the fourth 
 Tuesday in June ; and on the fourth Tuesday in Novem- 
 ber. In the county of Men- -London : The supreme court 
 of errors, on the third Tuesday in July, alternately at 
 New-London and Norwich, beginning at Norwich in 
 1822. The superior court, at Norwich on the fourth 
 Tuesday in January ; and at New-London on the first 
 Tuesday in October. The county court, on the first 
 Tuesday in March, alternately at New-London and Nor- 
 wich, beginning at New-London ; on the second Tues- 
 day in June, at New-London ; on the third Tuesday in 
 November, at Norwich. In the county of Fairfield : The 
 supreme court of errors, on the fourth Tuesday in June, 
 alternately at Fairfield and Danbury, beginning at Dan- 
 bury. The superior court, on the fourth Tuesday in 
 September, at Danbury ; and on the last Tuesday in De- 
 cember, at Fairfield. The county court, on the second 
 Tuesday in February, alternately at Fairfieid and Dan- 
 bury, beginning at Danbury, in 1 822 ; on the third Tues- 
 day of April, at Fairfield ; and on the third Tuesday in 
 November, at Danbury. In the county of Windham : 
 The supreme court of errors, on the fourth Tuesday in 
 July. The superior court, on the first Tuesday in Janu- 
 ary ; and on the second Tuesday in September. The 
 county court, on the third Tuesday in August ; on the 
 third Tuesday in March ; and on the second Tuesday in 
 December. In the county of Litehfield : The supreme 
 court of errors, on the third Tuesday in June. The su- 
 perior court, on the third Tuesday in February ; and on 
 the third Tuesday in August. The county court, on the 
 first Tuesday in April ; on the fourth Tuesday in Sep- 
 tember ; and on the third Tuesday in December. In 
 the county of Middlesex : The supreme court of error*. 
 on the second Tuesday of July, alternately at Middle- 
 town and Haddam, beginning at Middletown. The su- 
 perior court, on the fourth Tuesday in February^,, at 
 Middletown ; and on the fourth Tuesday in August at 
 at Haddam. The county court, on the Tuesday after 
 the first Monday in April, at Haddam ; and on the third 
 Tuesday in October, at Middletown. In the county of
 
 Title 19. Courts. 7 
 
 Tolland : The supreme court of errors, on the Tuesday Tolland coun- 
 
 ibllowin<i' I lie fourth Tuesday in July. The superior tj- 
 
 court, oil the third Tuesday in April ; and on the fourth 
 
 Tuesday in December. The county court, on the 
 
 second Tuesday in March ; and on the second Tuesday 
 
 hi September. 
 
 -K< T. 25. Be it further enacted, That there shall be a Courts of pro- 
 romt of probate, held and kept in each of the several J^ 6 constitu - 
 districts, hereinafter mentioned, to be held by one judge, 
 to be appointed and commissioned for that purpose, each 
 of which judges shall have a clerk, by him to be appoint- 
 ed and sworn to the office ; which courts of probate shall Their power 
 have the cognizance of the probate of wills and testa- a d duty, 
 ments. the granting of administration, the appointing and 
 allowing; of guardians, and shall act and judge in all tes- 
 tamentary and probate matters, and in every other thing 
 proper for a court of probate to act and judge in. accord- 
 ing to law. 
 
 SECT. 26. The districts of the several courts of pro- Probate dis- 
 bate, shall be as follows, to wit: The towns of Hartford, j cts esta blish- 
 \Vindsor, Wethersfield, East-Hartford, Manchester, and ' 
 Glastenbury, shall be one district, by the name of the 
 district of Hartford. The towns of New-Haven, Milford. New-Haven. 
 Derby. Woodbridge. East-Haven, North-Haven, Ham- 
 den, Oxford, and Orange shall be one district, and be 
 called* the district of New-Haven. The towns of New- New-London. 
 London, Lyme, Montville, Waterford, and that part of 
 Salem which was formerly in the town of Lyme, also 
 that part of Salem which was taken from the town of 
 Montville, shall be one district, and be called the district 
 of New-London. The towns of Fail-field and Weston, Fairfield. 
 shall be one district, and be called the district of Fair- 
 field. The towns of Windham, Lebanon, Mansfield, windham. 
 Hampton, and Chaplin, shall be one district, and be call- 
 ed the district of Windham. The towns of Plainfield, Plainfield. 
 Canterbury, Killingly. (except the north society,) Volun- 
 town, Sterling, and that part of Brooklyn which was for- 
 merly a part of Canterbury, shall be one district, and be 
 called the district of Plainfield. The towns of Guilford Guilford. 
 and Branford, (except the society of Northford.) shall be 
 one district, and be called the district of Guilford. The 
 towns of Woodbury, Southbury, Roxbury, Bethlehem, Woodbury. 
 and the society of Judea, in the town of Washington, 
 shall be one district, and called the district of Woodbury. 
 The towns of East-Haddam, Colchester, Marlborough, East-Haddara. 
 and the part of Salem that was formerly a part of Col- 
 chester, shall be One district, and be called the district 
 of East-Haddam. The towns of Litchfield, Goshen, i tc hfi e ld. 
 Torrington, Cornwall, Harwinton, Warren, and Wash-
 
 Title 19. Courts: 
 
 Stamford. 
 Danbury. 
 
 Norwich. 
 Middletovvn. 
 
 Pomfret. 
 
 Sharon. 
 Stafford. 
 
 Simsbary. 
 
 Stonington. 
 
 Farmington. 
 
 Wallingford. 
 
 Saybrook. 
 Stratford. 
 
 East- Windsor. 
 
 Waterbury. 
 
 Norfolk. 
 
 -Vew-Milford,. 
 
 Hebron. 
 
 Norwalk 
 
 ington, (except the society of Judea) shall be one district, 
 and be called the district of Litchtield. The towns of 
 Stamford, Greenwich, and Darien, shall be one district, 
 and be called the district of Stamford. The towns of 
 Danbury, Reading, Ridgefield, and New-Fairfield, shall 
 be one district, and be called the district of Danbury. 
 The towns of Norwich, Preston, Lisbon, Franklin, Bo/- 
 rah, and Griswold, shall be one district, and be called 
 the district of Norwich. The towns of Middletov.ii. 
 Haddam, (except that part which lies east of Connecticut 
 river,) and Durham, shall be one district, and be called 
 the district of Middletown. The towns of Pomfret, Ash- 
 ford, Woodstock, the north society in Killingly, Thomp- 
 son, and that part of Brooklyn, not included in the dis- 
 trict of Plainfield, shall be one district, and be called the 
 district of Pomfret. The toAvns of Sharon, Salisbury, 
 and Canaan, shall be one district, and be called the dis- 
 trict of Sharon. The towns of Stafford, Tolland, Wil- 
 lington, Somers, Union, Vernon, and the east part of 
 Ellington, extending as far west as the west line of Tol- 
 land, shall be one district, and called the district of Staf- 
 ford. The towns of Simsbury, Canton, New-Hartford, 
 and Barkhamstead, shall be one district, and called the 
 district of Simsbury. The towns of Stonington, Groton. 
 and North-Stomngton 3 shall be one district, and called 
 the district of Stonington. The towns of Farmington, 
 Southington, Bristol, and Burlington, shall be one dis- 
 trict, and be called the district of Farmington. The 
 towns of Wallingford, Cheshire, Meriden, and the society 
 of Northford, in the town of Branford, shall be one dis- 
 trict and called the district of Wallingford. The towns 
 of Saybrook and Killingworth, shall be one district, and 
 called the district of Saybrook. The towns of Stratford,, 
 Huntington, Trumbull, Bridgeport, and Monroe, shall be 
 one district, and called the district of Stratford. The 
 towns of East- Windsor, Entield, and that part of Elling- 
 ton, which lies west of a meridian line drawn from the 
 north-west corner of Tolland, shall be one district, and 
 called the district of East- Windsor. The towns of Wa- 
 terbury, Watertown, Plymouth, Wolcott, and Middlebu- 
 ry, shall be one district and called the district of Water- 
 bury. The towns of Norfolk, Colebrook, and Winchester, 
 shall be one district, and called the district of Norfolk. 
 The towns of New-Milford, Kent, and Sherman, shall be 
 one district, and called the district of New-Milford. 
 The towns of Hebron, Coventry, Bolton. and Columbia, 
 shall be one district, and called the district of Hebron. 
 The towns of Norwalk, New-Canaan, and Wilton, shall 
 be one district, and called thedistiict of Norwalk. The
 
 Title 19. Courts. 89 
 
 towns of Granby and Hartland, shall be one district, and Granby. 
 be called the district of Granby. The towns of New- Newtown. 
 town and Brookfield, shall be one district, and called the 
 district of Newtown. The town of Suffield shall be one Suffield. 
 district, and be called the district of Suffield. The town 
 of Chatham and that part of the town of Haddam situated c h atnam - 
 on the east side of Connecticut river, shall be one dis- 
 trict, and be called the district of Chatham. The town Berlin, 
 of Berlin shall be one district, and be called the district 
 of Berlin. 
 
 SECT. 27. The judges of the several courts of probate Judges may 
 are hereby authorized to hold their said courts, in any of ljold court . s ia 
 the towns within the districts for which they are or shall f^eir districts, 
 be appointed. 
 
 SECT. 28. Whenever any disputable and difficult mat- When to call 
 ter shall appear in any case, depending before any judge assistance - 
 of a court of probate, such judge may call to his assistance 
 any one or two of the judges of the county court, of that 
 county, in which such disputable matter may arise. 
 
 SECT. 29. Whenever there shall be so near a relation- When dis- 
 ship between any deceased person, and the judge of pro- 1 ual 'fi ed > 
 bate of the district in which such deceased person last 
 dwelt, as between father and son, by nature or marriage, 
 or brother and brother, in like manner, or between such 
 judge and any person or persons interested in the estate 
 of such deceased person, as legatee, devisee or heir at law ; 
 or whenever any judge of probate shall be interested in 
 the estate of Any deceased person, as being legatee, or 
 devisee, or heir at law ; or if any person, while acting as 
 executor or administrator of the estate of any deceased 
 person, in any court of probate, shall become the judge 
 of said court ; in every such case, such judge shall be dis- 
 qualified to act as judge, in the settlement of such de- 
 ceased person's estate, and the cognizance thereof, shall the judge of 
 appertain to the judge of probate in an adjoining district, dbtrk^ 
 who may by law act, and who resides nearest to the resi- cognizance : 
 dence of the judge so disqualified ; and the judge so resi- 
 ding in an adjoining district, shall, in every such case, 
 have full authority to proceed to a final settlement of the 
 estate of such deceased person, and shall cause his doings 
 to be recorded in the probate records of the district 
 wherein such deceased person dwelt. And in cases 
 where a judge of probate is by law authorized to act as 
 judge in a district adjoining to his own, he may hold his 
 court in any of the towns either of his own, or of such ad- 
 joining" district. And if any claim on an insolvent estate and when the 
 is to be reviewed in any probate district, and the judge j"d?e is dis- 
 therein shall be related to any person interested in such Hcf o^ara- 
 estate, in so near a degree as is herein specified, such view; 
 
 14
 
 act. 
 
 Courts to have 
 a seal. 
 
 90 Title 19. 'Courts. 
 
 who to act. claim shall be heard and decided by the judge of probate 
 in an adjoining district, residing as aforesaid, and two jus- 
 tices of the peace, or one judge of the county court in the 
 county ; and their judgment on such claim shall be final, 
 and recorded in the records of the probate district, where- 
 in such estate is settled ; and the judge of probate, in 
 such district, shall conform to such judgment in further 
 proceeding upon such estate. 
 
 When office is 'SECT. 30. Whenever during the recess of the general 
 vacant, who to asse mbly, the office of judge of probate, in any district, 
 shall become vacant, by the death of the judge, the judge 
 of probate of an adjoining district, who may by law act, 
 and who resides nearest to the last residence of such de- 
 ceased judge, shall have full power to execute the office 
 of judge of probate in such vacant district, until a judge 
 for such district shall be appointed and sworn. 
 
 SECT. 31. The supreme court of errors, the superior 
 courts, the county courts and the courts of probate shall 
 have a proper seal belonging to each of the said respec- 
 tive courts, to be used for all causes, matters and things 
 proper for said courts, respectively, and according to law ; 
 each of which courts is hereby directed and empowered 
 to procure its proper seal, which shall be lodged with the 
 clerks of the respective courts, to be used by their di- 
 rection. 
 
 SECT. 32. Be it further enacted, That each and every 
 justice of the peace, duly appointed and sworn, may, and 
 he is hereby authorized, from time to time, as there shall 
 be occasion, to hold a justice court in the county, for 
 which he shall be appointed ; and shall have cognizance 
 of all actions of a civil nature, legally brought before 
 him, and may hear, try and determine the same, and 
 may render judgment, and grant execution thereon, ac- 
 cording to law. And every justice of the peace, is here- 
 by authorized to issue and sign any writs, warrants or 
 other processes, according to law, either in civil or crim- 
 inal causes, which may be served and returned before 
 any court in the state. 
 
 SECT. 33. Any justice of the peace, within the county 
 for which he may be appointed, may take and accept a 
 confession or acknowledgment of any debt, from a debtor 
 to his creditor, for any sum not exceeding seventy dol- 
 lars, together with the cost of such confession, as the 
 parties shall agree ; which confession shall be made only 
 by the person "of the debtor himself : and on such con- 
 fession, so made, the said justice shall make a record 
 thereof, and grant execution thereon, in due form of law. 
 His exccutieiw And a11 executions, granted and signed by a justice of the 
 effectual. peace, according to law, shall be proceeded with, levied 
 
 Justice courts. 
 
 Civil jurisdic- 
 tion. 
 
 'Justices may 
 sign writs, &.c. 
 
 May take con- 
 fession of 
 debt.
 
 Title 19. Courts. 9.1 
 
 and executed, in the same manner, and have the same 
 force, to all intents and purposes, as executions granted 
 ty the other courts. 
 
 SECT. 34. And any justice of the peace, in any courtj His criminal 
 holden by him, in the county for which he may he ap- J unsdlctlon 
 pointed, shall have cognizance of all actions of a crimi- 
 nal nature, that may be legally brought before him, and 
 may proceed to trial, render judgment therein, and grant 
 a warrant for the execution thereof, according to law. 
 But the defendant, in all such actions or complaints, (ex- A " appeal 
 cept in actions or complaints for the crimes of drunken- a " owed 
 ness, profane cursing and swearing and sabbath-breaking) 
 may appeal from the judgment of the justice therein, to 
 the county court, next to be holden in the county, where 
 such justice court may have been holden. 
 
 SECT. 35. And whenever any complaint, for any crimi- When a coio- 
 nal matter, shall be legally brought before a justice of the JjJjJVeby 1 a" 
 peace, which is by law cognizable by a^ higher-court, such justice, is 
 justice is hereby authorized to hear and enquire into the brought be- 
 facts relating thereto, and if thereupon he shall be of [^^ pJ" 
 opinion, that probable ground exists for the support of C eed 
 such complaint, he may order the defendant to give 
 bond, or to enter into a recognizance, with sufficient 
 surety, (provided the offence be by law bailable) condi- 
 tioned that the defendant appear before the court hav- 
 ing cognizance of the offence, at the next session thereof, 
 to be holden in the county where the offence was com- 
 mitted, and abide the order or judgment of said court, 
 touching said complaint, which complaint the said justice 
 shall transmit to said court, with his doings thereon in- 
 dorsed ; and on the failure of such defendant to give 
 such bond, or to enter into such recognizance, or if the 
 offence complained of be. not bailable, it shall be the 
 "duty of said justice of the peace to order such defendant 
 to be committed to the common gaol in said county, till the 
 next session of the court having cognizance of the offence, 
 or till he shall he discharged by due course of law. 
 
 SECT. 36. Any justice of the peace, in his county, shall Justices of the. 
 have power, from his personal knowledge, ex officio, to {^[ e t * 
 require sureties of the peace and good behavior, from any behavior, 
 person or persons, that threaten to beat or kill another, 
 or contend, with hot and angry words, or by threats, tur- 
 bulence and violence, or by any other unlawful act, terri- 
 fy and disturb the good people of the state. And when- 
 ever an individual shall complain, on oath, to a justice of 
 the peace, against another, that he has just cause to fear 
 that he will imprison, beat, or kill him, or procure others 
 to do so, and that he is under fear of death, or bodily 
 harm, such justice of the peace may require sureties ol
 
 Title 19. Courts. 
 
 Judge, Sic. 
 not to be sher- 
 iff, constable, 
 or taverner. 
 
 What relation- 
 ship shall dis- 
 qualify. 
 
 Continuance 
 of cause. 
 
 County court, 
 how formed, 
 when all the 
 judges nr dis- 
 qualified. 
 
 Bemoval of 
 appealable 
 causes to su- 
 perior court. 
 
 Courts may 
 make orders 
 relativp to no- 
 tice in cer- 
 tain cases. 
 
 the peace and good behavior, from the person so com* 
 plained of; and if any person being so ordered to find 
 surety for the peace and good behavior, shall neglect or 
 refuse to comply with such order, the justice of the peace 
 ordering the same, may commit such person to the com- 
 mon gaol, in the county where the person complained of 
 resides, there to remain until he shall be discharged by 
 due course of law, or until the next session of the county 
 court in said county ; which court may make further or- 
 der, relating to the subject matter of the complaint. 
 
 SECT. 37. No judge, or justice of the peace, shall hold 
 the office of sheriff, deputy-sheriff, or constable, or be a 
 taverner. 
 
 SECT. 38. Whenever there shall be so near a relation- 
 ship between any judge, or justice of the peace, and any 
 party in a civil action, as between father and son, by na- 
 ture or marriage, brother and brother, in like manner, 
 uncle and nephew, in like manner, landlord and tenant; or 
 whenever any judge or justice may be liable, in any man- 
 ner, to contribute, out of his estate, to the damages, cost 
 or expenses of any action ; or whenever he may receive 
 a direct pecuniary benefit, by the determination thereof; 
 in ail such actions, the said judge or justice, shall be dis- 
 qualified to act as judge, or render judgment. When a 
 judge of the superior court shall be disqualified to sit in 
 a cause depending before him, such cause shall be contin- 
 ued to the next term of the court. 
 
 SECT. 39. When all the judges of the county court shall 
 be disqualified to sit in a cause pending before them, 
 which is not appealable, the clerk of the court shall draw, 
 by lot, from the names of all the justices of the peace, in 
 the town Avhere the court is sitting, the names of three 
 justices of the peace, or if such town is interested, from 
 any adjoining town, not interested ; and shall cause no- 
 tice to be given to the three justices of the peace, drawn 
 as aforesaid, who shall have power to try such cause, ac- 
 cording to law : and if such cause shall be appealable, 
 then the plaintiff shall have power to remove it to the 
 next superior court, in the county, on giving bond, with 
 surety, to prosecute his action to effect : and he may enter 
 his action in the superior court, in the same manner as if 
 appealed : and such superior court shall have power to 
 proceed to final judgment, in the same manner as if the 
 cause had been brought there by appeal. 
 
 SECT. 40. The courts of law, may make such orders 
 as they shall deem reasonable, relative to the notice 
 which shaU be given of petitions for new trials, writs of 
 error, and appeals from courts of probate, whereof they 
 respectively have cognizance, whenever the adverse par-
 
 Title 19. Courts. 
 
 93 
 
 ty or parties to such petition for a new trial, writ of error, 
 or any person or persons are interested in such appeal, 
 as that they ought to be made parties thereto, reside 
 without this state ; and such notice having been given, 
 pursuant to the orders of such courts respectively, in the 
 mode therein prescribed, and duly proved to such courts, 
 shall be deemed sufficient service. 
 
 SECT. 41. The judges of the supreme court of errors, Judges, Lc. 
 of the superior and county courts, judges of probate, and v a PP ointed 
 justices of the peace, shall be appointed, by the concur- 
 rent vote of the senate and house of representatives ; and 
 the judges of the supreme court of errors, and of the su- 
 perior court, shall, in all cases, be chosen by ballot, in 
 each house of the general assembly. And all judges and Continuance ot 
 justices of the peace, annually appointed, commissioned, ol 
 and sworn, shall be authorized and empowered to execute 
 their offices until the twentieth day of June, in the year 
 next ensuing their appointment, unless their commission 
 be sooner revoked, or suspended, by act of the general 
 assembly. (1) 
 
 (1) The first legislators of this country 
 had no idea of keeping separate the legis- 
 lative, executive, and judicial branches of 
 the government. All power was, at first, 
 centered in one body ; and though, at 
 times, judicial power was delegated to a 
 particular court, yet the ultimate right of 
 decision remained in the legislature. Af- 
 ter they had received the charter, as ap- 
 pears in the revision of 1672, they estab- 
 lished a court of assistants, to be holden 
 in May and October, at Hartford, by the 
 governor, or deputy governor, and six as- 
 sistants at least. Two county courts were 
 to be holden in each county, by any three 
 or more of the assistants. Every assist- 
 ant had jurisdiction of all causes to the 
 amount of forty shillings, in the county in 
 which he lived, and in towns where there 
 was no assistant, commissioners, with 
 two select-men, had a like power. Ap- 
 peals would lie, in all cases, from an as- 
 sistant to the county court ; from the 
 county court to the court of assistants ; 
 and from that court to the general court. 
 The admission of appeals to the general 
 court did not long continue ; for in the 
 revision of 1702, no such right isallowed ; 
 but the party aggrieved by the judgment 
 of a county court, had a rigM to appeal 
 to the next court of assistants, and to re- 
 view his cause in the same county court 
 where it was tried ; and the party aggriev- 
 ed, on the trial by review, had a right of 
 appeal Every cause could be reviewed 
 in the court of assistants, except where it 
 Was appealed from the county court, on 
 
 a judgment by review. The incouven 
 ience of a court, organized like the court 
 of assistants, induced the legislature, in 
 1711, to constitute & superior court, con- 
 sisting of five judges, three of whom 
 should be a quorum, to hold sessions 
 twice in each year, in every county ; and 
 this court consisted of tfcj deputy-gover- 
 nor, and four assistants, annually appoint- 
 ed by the legislature. 
 
 In 1714, an act was passed, declaring 
 that actions, wherein the title of land was 
 not concerned, brought, by appeal, from 
 the judgment of an assistant, or justice of 
 the peace, to the county court, should 
 not be reviewed or appealed from, but 
 the first trial should be conclusive. ; and 
 that in actions brought immediately to 
 the county court, wherein the title of 
 land was not concerned, and the demand 
 did not exceed forty shillings, the judg- 
 ment of the county court could not be 
 appealed from, but might be reviewed. 
 'I he legislature, however, considering the 
 great expense and delay, arising from the 
 allowance of appeals and reviews, in all 
 caces, passed an act, in 1725, prohibiting 
 appeals, or reviews, where the matter in 
 demand did not exceed twenty shillings ; 
 and also, in all cases in the county court, 
 where the action was brought on a bill, 
 or bond, for the payment ef a certain 
 sum of money only. 
 
 In the revision of 1750, it appears that 
 no appeal was admitted from the judg- 
 ment of an assistant, or justice of the 
 peace, unless the demand exceeded twen-
 
 Title 19. Courts. 
 
 ty shillings, or where the action was on 
 a bond or note, and the demand did not 
 exceed forty shillings ; and that no appeal 
 from, or review in, the county court, 
 should be allowed, where the --uit was 
 brought on bonds, bills, or notes, for 
 money or bills of credit only, vouched by 
 two witnesses ; and that no appeal should 
 be allowed from the county court, where 
 the title of land was not concerned, and 
 the demand did not exceed ten pounds ; 
 and, in 1761, the right of review, in all 
 civil actions, was taken away, t:nd the 
 power of granting new trials, was given 
 in lieu thereof. In the revision of 1784, 
 the right of appeal from the county court 
 was taken away, unless the matter in de- 
 mand exceeded twenty pounds ; v hich 
 has been since altered to seventy dollars. 
 
 Though the legislature constituted a ju- 
 dicial department, yet they retained im- 
 portant judicial power in their hands. 
 Writs of error, in all questions of law, 
 would lie from the superior court to the 
 general assembly ; and they retained the 
 exclusive jurisdiction, in all matters of 
 equity. Many petitions of a private and 
 adversary nature, were brought before 
 them ; the two houses assembled togeth- 
 er for the purpose of a joint hearing of the 
 causes ; and the principal part of the ses- 
 sion was consumed in the proper business 
 of the judiciary. But so great was the 
 increase of applications, that in 1773, the 
 legislature delegated to the courts of law, 
 instead of creating a new tribunal, a con- 
 siderable portion of their equity jurisdic- 
 tion ; and, in process of time, divested 
 themselves of all chancery power. 
 
 So manifest was the impropriety of 
 permitting the most numerous branch of 
 the legislature to compose a part of the 
 court of dernier resort, in questions of 
 law, that, in 1784, the lieutenant-gover- 
 nor, and the council, were constituted to 
 be the supreme court for the correction of 
 errors ; to which tribunal the governor 
 was added, in 1793. Such was the accu- 
 mulation of business in the superior court, 
 that, in 1801, it became necessary to in- 
 crease the number of judges to six ; to 
 divide the state into two circuits ; in the 
 winter, to be holden by three judges, 
 while the whole number composed the 
 summer circuit, with a special view to 
 decide questions of law. 
 
 In 1806, another important alteration 
 took place. It was thought, that the mem- 
 bers of the legislative council, not elected 
 
 with a view to their qualifications as judg- 
 es, and many of whom were judges of 
 the county courts, were not a proper tri- 
 bunal to revise the decisions of the supe- 
 rior court, and be the nltimate arbiters of 
 questions of law ; and it was found, so 
 great was the accumulation of business, 
 that the new organization of the superior 
 court did not enable it to try all the caus- 
 es that came before it, within such rea- 
 sonable time as the public interest requir- 
 ed. Accordingly, the number of judges 
 was increased to nine ; the state was di- 
 vided into three circuits, in which the 
 courts were to be holden by three judges ; 
 and the whole number constituted a su- 
 preme court of errors,, to be holden at 
 Hartford and New-Haven. 
 
 Though the legislature, from time 1o 
 time, had stripped themselves of their ju- 
 dicial power, by delegating it to other 
 tribunals ; yet they did not wholly re- 
 irain from interposing in causes of an ad- 
 versary nature. An opinion seems to 
 have been entertained, that, as they were 
 not limited in their power, like a judicial 
 tribunal, they could, acting, on more ele- 
 vated and extended principles, do more 
 complete justice, than could be obtained 
 in a court of law, or even in a court of 
 equity. Of course, applications of a pri- 
 vate nature, between party and party, 
 were sometimes sustained, and decrees 
 passed in favor of the applicants, not only 
 where no court had a right to interpose, 
 but against the established rules of law. 
 Experience demonstrated, that nothing 
 could be more improper or dangerous, 
 than the exercise of such an arbitrary 
 discretion, by the legislature. According- 
 ly, the constitution lias now, in conform- 
 ity to correct principles, divided the pow- 
 ers of government into three distinct de- 
 partments, and confided each of them to 
 a separate magistracy : of course, the le- 
 gislature cannot interpose in matters of a 
 private nature, between parties, without 
 infringing that instrument. The inde- 
 pendence of the judiciary, so essential to 
 a pure administration ofjustice.has been 
 provided for, by the constitution ; and 
 the judges are not now dependent on an 
 annual appointment. The number has 
 been reduced, by law, from nine to five, 
 who constitute the supreme court of errors; 
 and a single judge, at the circuits, is vest- 
 ed with all the power formerly given tft. 
 the five judges.
 
 Title 20. Crimesumd Punisfimetits. 96 
 
 TITLE 20. Crimes and Punishments. 
 
 An Act concerning Crimes and Punishments. 
 
 WJE it enacted by the Senate and House of Rep- Crimes against 
 * resentatives in General Assembly convene d, 
 
 That the offences hereinafter mentioned, shall be punish- STATE . 
 ed as follows : Every person who shall commit treason T 
 against this state, by levying war against the same, or by 
 adhering to the enemies thereof, giving them aid and com- 
 fort, and be thereof duly convicted, shall suffer death. 
 
 SECT. 2. Every person who shall endeavor to join the Misprision of 
 enemies of this state, or use his or her influence to per- treason - 
 suade or induce any person or persons to join, aid, or 
 comfort them, in any way or manner whatsoever, or shall 
 have knowledge of any person or persons, endeavoring, 
 or using their influence aforesaid, and shall conceal the 
 same, being thereof duly convicted, shall be punished by 
 a fine not exceeding one thousand dollars, and by impri- 
 sonment, in newgate prison, for a term not exceeding 
 seven years. Crimes against 
 
 SECT. 3. And be it further enacted, That every person the LIVES AND 
 , v 11 . J i j i , /-i i J r - . i PERSONS OF nr> 
 
 who shall commit murder, and be thereof duly convicted, DIVIDCALS. 
 
 shall suffer death. Murder. 
 
 SECT. 4. Every person who shall commit manslaugh- Manslaughter. 
 ter, and be thereof duly convicted, shall forfeit and pay a 
 fine not exceeding five hundred dollars, and suffer impris- 
 onment in a common gaol, or in newgate prison, at the 
 discretion of the court having cognizance of the offence, 
 for a term not exceeding three years, nor less than six 
 months. 
 
 SECT. 5. Every person who shall commit perjury, with Perjury with 
 
 l tak * 
 
 an intention thereby to take away the life of any person, 
 and be thereof duly convicted, shall suffer death. 
 
 SECT. 6. Every person who shall commit arson, and Arson, thereby 
 shall thereby cause the death, or endanger the life, of causin S death 
 any person, and shall be thereof duly convicted, shall 
 suffer death. 
 
 SECT. 7. Every person who shall wilfully burn any Burning any 
 building, other than a dwelling-house, or an out-house J y il c d a i jf i ' n t g here " 
 parcel thereof, or any vessel, and shall thereby cause the death. 
 death of any person, being thereof duly convicted, shall 
 suffer death. 
 
 SECT. 8. Every person who shall, of malice afore- Cutting out 
 thought, and by laying in wait, cut out or disable the toD S ue ' &c 
 tongue of another, or put out the eye or eyes of another, 
 so that the person is thereby made blind, or cut off all or
 
 96 Title 20. Crimes and Punishments. 
 
 any of the privy members of another, and shall be thereof 
 duly convicted, shall suffer death. 
 
 Putting out eye SECT. 9. Every person who shall, of malice afore- 
 to%fcfig h ure. tent th( >ught, put out an eye, slit the nose, cut or bite off the 
 nose, ear or lip, or cut, or bite of, or disable any limb 
 or member of another person, with an intention in so 
 doing to maim or disfigure such person, and shall be there- 
 of duly convicted, shall suffer imprisonment, in new- 
 gate prison, during his natural life, or for such other term 
 as the court having cognizance of the offence shall de- 
 termine. 
 
 Rape. SECT. 10. Every person who shall commit the crime 
 
 of rape, and be thereof duly convicted, shall suffer 
 death. 
 
 Abuse of fe- SECT. 11. Every person who shall carnally know and 
 male child. abuse any female child, under the age of ten years, and 
 shall be thereof duly convicted, shall suffer imprisonment, 
 in newgate prison, during his natural life, or for such 
 other term as the court having cognizance of the offence 
 shall determine. 
 
 intent to com- SECT. 12. Every person who shall, with actual vio- 
 lence, an assault make on the body of any female, with an 
 intention to commit a rape, and shall be thereof duly 
 convicted, shall suffer imprisonment, in newgate prison, 
 during his natural life, or for such other term as the court 
 having cognizance of the offence shall determine. 
 Intent to kill or SECT. 13. Every person who shall, with actual vio- 
 lence, an assault make on another person, with an inten- 
 tion him or her to kill or rob, and shall be thereof duly 
 convicted, shall suffer imprisonment in newgate prison, 
 during his natural life, or for such other term as the court 
 having cognizance of the offence shall determine. 
 Administering SECT. 14. Every person who shall, wilfully and mali- 
 fentto murder c iu s ly> administer to, or cause to be administered to, or 
 qr cause mis- ' taken by, any person or persons, any deadly poison, or 
 carriage. other noxious and destructrive substance, with an inten- 
 
 tion him, her, or them, thereby to murder, or thereby to 
 cause or procure the miscarriage of any woman, then 
 being quick with child, and shall be thereof duly convict- 
 ed, shall suffer imprisonment, in newgate prison, during 
 his natural life, or for such other term as the court having 
 cognizance of the offence, shall determine. 
 
 of a r baS ery SECT ' 13 ' . If an y woman shall conceal her pregnancy, 
 child. and shall willingly be delivered in secret, by herself, of 
 
 any issue of her body, male or female, which shall by law 
 be a bastard ; every such woman, so offending, being 
 thereof duly convicted, before the superior or county 
 court, shall pay a fine not exceeding the sum of one hun- 
 dred and fifty dollars, or be imprisoned not exceeding
 
 Title 20. Crimes and Punishments. 97 
 
 three months, at the discretion of the court having cog- 
 
 7 O D 
 
 nizance of the offence. 
 
 SECT. 16. If any woman shall endeavor privately, Concealment 
 either by herself, or the procurement of others, to con- tt f r j| e "JuJ f ***" 
 ceal the death of any such issue of her body, which, if it 
 were born alive, would by law be a bastard, so that it 
 may not come to light whether it were horn alive or not, 
 or whether it were murdered or not; every such woman, 
 .-o offending, being thereof duly convicted, before the 
 superior or county court, shall be set on a gallows, with a 
 rope about her neck, for the space of one hour ; and be 
 further punished, by being bound to her good behavior, 
 and imprisoned for a term not exceeding one year, 
 at the discretion of the court having cognizance of the 
 ofience.(l) 
 
 SE<:T. 17. Every person who shall kidnap, or forcibly Kidnaping, 
 or fraudulently carry off, or decoy out of this state, any 
 free person, or person entitled to freedom, or shall arrest 
 and imprison any free person, or person entitled to free- 
 dom, knowing such person to be free or entitled to free- 
 dom, with an intention to have such person carried out 
 of this state, and shall be thereof duly convicted, hefore 
 the superior or county court, shall forfeit and pay the 
 sum of four hundred dollars, one half to him or them who 
 shall sue for and prosecute the same to effect, and the 
 other half to the use of this state. Provided, that nothing Proviso 
 in this section, shall operate to prevent persons coming 
 into this state, for the purpose of temporary residence, 
 or passing through the same, from carrying with them 
 their servants, nor to prevent persons moving out of the 
 state for the purpose of residence, from carrying and 
 transporting with them such servants as belong to them, 
 or to prevent persons living within this state, from direct- 
 ing their servants out of the state about their ordinary 
 and necessary business. 
 
 SECT. 18 And be it further enacted, That every per- PL -Bf c S pw>" S 
 son who shall wilfully, and maliciously, burn or destroy, P*.RTY. 
 or attempt, or conspire, to burn or destroy any magazine Destroying' 
 of provisions, or of military, or of naval stores, belonging magazine, &c. 
 to this state, or subject to the jurisdiction thereof, and 
 shall be thereof duly convicted, shall suffer imprison- 
 ment, in neAvgate prison, during his natural life, or for 
 
 (1) in the revision in 1702, there is a evidence, that the bastard child was born 
 
 statute copied from a statute in England, alive, to convict the mother; yet, as there 
 
 21 Jac. 1 ch. 27, declaring, That the con- was a possibility, that, in some cases, an 
 
 cealingthe death of a bastard child, should innocent woman might be convicted, un- 
 
 be evidence of murder, by the motbep, un- der such a law, the; present provision was 
 
 less she could prove it to be born dead, introduced in 1808, 
 Though courts had always required some
 
 96 Title 20. Crimes and Punishments. 
 
 such other term as the court having cognizance of tht; 
 offence shall determine. 
 
 Burnine state- SECT. 19. Every person who shall wilfully and ma- 
 house, &c. liciously burn, or attempt, or conspire to burn, any state- 
 house, court-house, county-house, town-house, arsenal, 
 magazine, prison, gaol, work -house, poor-house, market, 
 or other building belonging to this state, or to any coun- 
 ty, town, city, or borough in this state ; or any church, 
 chapel, meeting-house, or other building used for reli- 
 gious worship ; or any college, academy, school-house, 
 or other building used for literary instruction 5 and shall 
 be thereof duly convicted, shall suffer imprisonment, in 
 newgate prison, for a term not exceeding seven years. 
 Torging public .SECT-. 20. If any person shall falsely make, forge, or 
 securities, fee. coim t er f e it, O r cause to be falsely made, forged, or coun- 
 terfeited, any warrant, order, certificate, or other public 
 security, whereby money may be drawn from the treasu- 
 ry of this state, or from the treasury of any county, town, 
 city, borough, or ecclesiastical, or school society in this 
 state ; or shall alter any such warrant, order, certificate, 
 or public security, so that the same shall appear to be of 
 greater value ; or shall alter, pass, or give in payment, 
 or offer to pass, or give in payment, any such forged, 
 counterfeited, or altered warrant, order, certificate, or 
 public security, knowing it to be such ; with an intention 
 to defraud this state, or anybody politic or corporate, 
 or any person or persons ; every such person, so offend- 
 ing, being thereof duly convicted, shall suffer imprison- 
 ment, in newgate prison, for a term not exceeding three 
 years. 
 
 Crime* against SECT. 21. And be it further enacted, That every per- 
 PKIVATE PRO- S011j w ho shall commit robbery, and shall be thereof duly 
 convicted, shall suffer imprisonment, in newgate prison^ 
 Robbery. f or a term not exceeding seven years. 
 
 SE:T. 22. Every person who shall commit burglary, 
 and shall be thereof duly convicted, shall suffer imprison- 
 ment in newgate prison, for a term not exceeding thre 
 years. 
 
 Robbery or SECT. 23. Every person who shall commit robbery or 
 
 burglary, with burglary, and shall, in the perpetration thereof, be guilty 
 
 .personal abuse. o f anv p ersO nal abuse, force, or violence, or shall be so 
 
 armed with any dangerous armour or weapon, as clearly 
 
 to indicate violent intentions, and shall be thereof duly 
 
 convicted, shall suffer imprisonment, in newgate prison, 
 
 during his natural life, or for such other term, not less 
 
 than seven years, as the court having cognizance of the 
 
 offence, shall determine. 
 
 Breaking store, SECT . 24. Every person who shall, in the night season, 
 ic. with intent , . * , i i_ 
 
 to commit theft break and enter the store, shop, ware-house, or out-house
 
 Title 20. Crimes and Punishments. 99?'. 
 
 of another, whether parcel of any mansion-house or not, 
 wherein goods, wares or merchandize are deposited, with 
 an intention to commit theft within the same, and shall 
 be thereof duly convicted, shall suffer imprisonment, in 
 newgate prison, for a term not exceeding three years. 
 
 SECT.- 25. Every person who shall break and enter Breaking dwel- 
 the dwelling-house of another, in the day time, any per- ''"grouse in 
 son being therein, and thereby put in fear or dread, with 
 an intention to commit theft therein, and shall be thereof 
 duly convicted, shall suffer imprisonment, in newgate 
 prison, for a term not exceeding three years. 
 
 SECT. 26. Every person who shall commit arson, and Arson, 
 be thereof duly convicted, shall suffer imprisonment, in 
 newgate prison, for a term not exceeding seven years. 
 
 SECT. 27. Every person who shall wilfully burn, being Burning vessel; 
 the property of another, any ship or other vessel ; any office & - c 
 office, store, shop, warehouse, mill, distillery, brewery or 
 manufactory ; or any barn, stable or other out-house, not 
 parcel of any dwelling-house ; and shall be thereof duly 
 convicted, shall suffer imprisonment, in newgate prison, 
 for a term not exceeding seven years. 
 
 SECT. 28. Every person, being the owner or tenant of Burning one's 
 
 any house, out-house, office, store, shop, warehouse, mill, j 1 ^' ^' ^ h 
 distillery, brewery or manufactory, who shall wilfully fraud insurer?. 
 burn the same, with an intention thereby to defraud or 
 prejudice any person, or body politic or corporate, that 
 hath underwritten, or shall underwrite any policy or 
 policies of insurance thereon, or on any goods, wares or 
 merchandize therein, and shall be thereof duly convict- 
 ed, shall suffer imprisonment, in newgate prison, for a 
 term not exceeding seven years. 
 
 SECT. 29-. Every person being the owner of, or cap- Destroyingves 
 tain, master, officer or mariner, belonging to any ship, or to'' defraud^" 1 
 vessel, who shall wilfully cast away, burn or otherwise sur ers. 
 destroy the ship or vessel of which he is owner, or to 
 which he belongeth, with an intention thereby to defraud 
 or prejudice any person, or body politic or corporate, that 
 hath underwritten, or shall underwrite any policy or 
 policies of insurance thereon, or on the cargo thereof, or 
 any merchant that hath laden, or shall load goods thereon, 
 or any owner or owners of such ship or vessel, and shall 
 be thereof duly convicted, shall suffer imprisonment in 
 newgate prison for a term not exceeding seven years. 
 
 SECT. 30. If any person shall falsely make, alter, forge Forgen 
 or counterfeit, or cause to be falsely made, altered, forg- 
 ed or counterfeited, any deed or writing sealed, instru- 
 ment of conveyance, will, testament, codicil, bond, writ- 
 ing obligatory, promissory note, bill of exchange, bill oi 
 'adine. acceptance of any bill of exchange, indorsement
 
 100 
 
 Counterfeiting 
 coin. 
 
 possessing 
 with intent to 
 
 Eass cou;'ter- 
 :ited coin. 
 
 Selling, fcc. 
 counterfeited 
 bills, with in- 
 tent to have 
 the same pass- 
 ed. 
 
 Title 20. Crimes and Punishments. 
 
 or assignment of any bill or note, letter of credit, warrant 
 or order for payment of money or delivery of goods, re- 
 ceipt, release, acquittance, letter of attorney, or any 
 other writing of any person or persons, or body politic or 
 corporate, with an intention to defraud or prejudice any 
 person or persons, or body politic or corporate ; or shall, 
 with like intention, utter or publish as true, any false, 
 forged or counterfeited deed, or writing sealed, instru- 
 ment of conveyance, will, testament, codicil, bond, 
 writing obligatory, promissory note, bill of exchange, bill 
 of lading, acceptance of any bill of exchange, indorse- 
 ment or assignment of any bill or note, letter of credit, 
 warrant or order for the payment of money or delivery 
 of goods, receipt, release, acquittance, letter of attorney, 
 or other writing, of any person or persons, or body politic 
 or corporate, knowing the same to be false, altered, forg- 
 ed or counterfeited ; every person, so offending, being 
 thereof duly convicted, shall suffer imprisonment, in 
 newgate prison, for a term not exceeding three years ; 
 and shall reader and pay to the party or parties injured 
 thereby, double damages, to be recovered by action, 
 founded on this statute ; and shall be rendered incapable 
 and disabled to give any evidence or verdict in any court 
 or judicial proceeding. 
 
 SECT. 31 If any person shall counterfeit, or cause or 
 procure to be counterfeited, any of the species of gold or 
 silver coins now current, or hereafter to be current in this 
 state ; or shall pass or give in payment, or offer to pass or 
 give in payment the same ; or to permit, cause or pro- 
 cure the same to be altered or passed, with an inten- 
 tion to defraud any person or body politic or corporate, 
 knowing the same to be counterfeited ; every such per- 
 son, so offending, being thereof duly convicted, shall be 
 imprisoned, in newgate prison, for a term not exceeding 
 three years. 
 
 SECT. 32. If any person shall have in his possession, 
 or receive from any other person, any counterfeited gold 
 or silver coins, of the species now current, or hereafter 
 to be current, in this state, with an intention to utter or 
 pass the same, or to permit, cause or procure the same to 
 be uttered or passed, with an intention to defraud any 
 person or body politic or corporate, knowing the same to 
 be counterfeited ; every such person, so offending, being 
 thereof duly convicted, shall suffer imprisonment, in new- 
 gate prison, for a term not exceeding three years. 
 
 SECT. 33. If any person shall sell, or exchange, or give 
 in payment, or offer to sell, or exchange, or give in pay- 
 ment, any forged or counterfeited bill of exchange, promis- 
 sory note, bank biU or bank check, with intention to havo
 
 Title 20. Crimes and Punishments. 101 
 
 the same uttered or passed, to defraud any person or body 
 politic or corporate; every such person, so offending, 
 being thereof duly convicted, shall suffer imprisonment, 
 innewgatc prison, fora term not exceeding three years. 
 
 SECT. 34. If any person shall make or engrave, or Making plates 
 cause or procure to be made or engraved, any plate for f or Counterfeit- 
 forging or counterfeiting any promissory note, or bill, for 
 the payment of money, in the name of any person or 
 persons, or body politic, or corporate ; every such per- 
 son, so offending, being thereof duly convicted, shall 
 suffer imprisonment, in ne\vgate prison, for a term not 
 exceeding three years. 
 
 SECT. 35. If any person shall have in his possession, Possessing, 
 
 or receive from any other person, any forged or counter- Wl * Intent ** 
 ... J ,*. f .-, r pass, counter- 
 
 feited promissory note or bill, lor the payment of money, f e ited bills. 
 
 with intention to utter or pass the same, or to permit, 
 cause or procure the tame to be uttered or passed, with 
 intention to defraud any person, or body politic or corpo- 
 rate, knowing the same to be forged or counterfeited ; 
 every such person, so offending, being thereof duly con- 
 victed, shall suffer imprisonment, in newgate prison, for 
 a term not exceeding three years. 
 
 SECT. 36. If any person shall have, or keep in his Possessing 
 
 custody or possession, any blank, or unfinished note or Wank bills, 
 ,11 j ,i c -i-j. j c with ntentto 
 
 bill, made in the form or similitude of any promissory ^u up and p^ 
 
 note or bill, for the payment of money, made to be issued the same 
 by any incorporated bank or company in this state, or in fraudulently, 
 the United States, with an intention to fill up and com- 
 plete such blank and unfinished note or bill, or to permit, 
 cause or procure the same to be filled up and completed, 
 in order to utter and pass the same, or to permit, cause 
 or procure the same to be uttered or passed, to defraud 
 any person or body politic or corporate ; such person in 
 whose custody or possession any such blank or unfinished 
 note or bill shall be found, being thereof duly convicted, 
 shall suffer imprisonment, in newgate prison, for a term 
 not exceeding three years. 
 
 SECT. 37. If any person shall have, or keep in his Possessing 
 custody or possession, any plate for forging or counter- fngbanlT 
 feiting any promissory note, or bill, for the payment of bills, 
 money, in the form or similitude of any promissory note, 
 or bill, issued by any incorporated bank, or company in 
 this state, or in the United States, with intention to forge 
 or counterfeit, or !.o permit, cause, or procure to be forg- 
 ed or counterfeited, any promissory note, or bill, issued 
 by any incorporated bank or company, as aforesaid : such 
 person, in whose custody or possession such plate shall be 
 found, being thereof duly convicted, shall suffer impris-
 
 102 
 
 Horse-stealing. 
 
 {Stealing from 
 the person at a 
 fire. 
 
 Steaiingfrom 
 *be persn. 
 
 Breaking and 
 stealing from 
 a building in 
 *he day time. 
 
 Title 20. Crimes and Pimishments. 
 
 onment, in newgate prison, for a term not exceeding 
 three years. 
 
 SECT. 38. Every person who shall steal any horse or 
 horses, in this state, and be thereof duly convicted, be- 
 fore the superior or county courtj shall suffer imprison- 
 ment, in newgate prison, for a term not exceeding two 
 years, and shall also pay to the owner of such horse or 
 horses, treble the value thereof, to be recovered by infor- 
 mation, or action, founded on this statute. 
 
 SECT. 39. If any person shall steal from the person of 
 another, any money, goods, or chattels, or any bill or 
 bills, issued by any incorporated bank in this state, or in 
 the United States ; or any deed, lease, indenture, bond, 
 writing obligatory, bill of exchange, promissory note, war-- 
 rant, or order for the payment of money, or delivery of 
 goods, receipt or discharge, or any book account, or oth^ 
 er writing, being evidence of debt, adjustment, or settle- 
 ment, whatever, at an assembly of people, collected for 
 the purpose of extinguishing a fire : every such person, 
 so offending, being thereof duly convicted, before the su- 
 perior or county court, shall suffer imprisonment, in new- 
 gate prison, for a term not exceeding five years. 
 
 SECT. 40. If any person shall steal from the person of 
 another, any money, goods, or chattels, or any bill or 
 bills, issued by any incorporated bank in this state, or in 
 the United States ; or any deed, lease, indenture, bond, 
 writing obligatory, bill of exchange, promissory note, 
 warrant, or order for the payment of money, or delivery 
 of goods, receipt or discharge, or any book account, or 
 other writing, being evidence of debt, adjustment or set- 
 tlement, whatever, to the amount or value of twenty dol- 
 lars ; every such person, so offending, being thereof duly 
 convicted before the superior or county court, shall suf- 
 fer imprisonment, in newgate prison, for a term not ex- 
 ceeding two years. 
 
 SECT. 41. If any person shall, unlawfully, break and' 
 enter any building or vessel, in the day time, and 
 therein steal any money, goods, or chattels, or any bill or 
 bills, issued by any incorporated bank in this state, or in 
 the United States, or any deed, lease, indenture, bond,, 
 writing obligatory, bill of exchange, promissory note, 
 warrant, or order for the payment of money, or delivery 
 of goods ; or any book account, or other writing, being 
 evidence of debt, adjustment or settlement, whatever, of 
 the amount or value of one dollar ; every such person, so 
 offending, being thereof duly convicted before the supe- 
 rior or county court, shall suffer imprisonment, in new- 
 gate prison, for a term not exceeding two years.
 
 Title 20. Crimes and Punishments. 103 
 
 SECT. 42. If any person shall steal any money, goods, Simple theft 
 or chattels, or any bill or bills, issued by any incorporated 
 bank in this state, or in the United States ; or any deed, 
 lease, indenture, bond, writing obligatory, bill of ex- 
 change, promissory note, warrant or order, for the pay- 
 ment of money or delivery of goods, receipt or discharge, 
 or any book account, or other writing, being evidence of 
 debt, adjustment, or settlement, whatever ; every such 
 person, so offending, being thereof duly convicted, before 
 the county court, if the value of the property, so stolen, 
 amount to thirty dollars, otherwise before a justice of the 
 peace, shall forfeit and pay treble the value of the pro- 
 perty so stolen, to the owner or owners thereof; and be 
 further punished by fine, not exceeding seven dollars ; 
 and if the value of the property so stolen, amount to the 
 sum of four dollars, such offender shall be further pun- 
 ished, by whipping, not exceeding ten stripes for one of- 
 fence ; and if the property so stolen, be of less value 
 than said sum of four dollars, but of the value of one dol- 
 lar, and such offender shall refuse, or neglect to pay the 
 line imposed, he shall be punished by whipping as afore- 
 said. But if any female shall be convicted of the crime Females con- 
 of theft, instead of being punished by whipping, she shall Dieted of theft. 
 be sentenced to confinement in a work-house or gaol to hard labour 
 within the county, there to be kept to labour under the in a work- 
 direction of the keeper thereof, for such period of time as nouse or gad 
 the court shall order, before whom the conviction is had : 
 Provided, That if such conviction shall be before a coun- Limitation, 
 ty court, the term of imprisonment shall not exceed six 
 months ; and if before a justice of the peace, shall not 
 exceed three months. 
 
 SECT. 43. If any person shall receive and conceal any Receiving tnd 
 
 stolen goods, articles or things, knowing them to be-such, COI J ceaIi "g 
 
 j u Hi i stolen goods, 
 
 he may and shall be proceeded against as a principal, al- 
 though the person or persons who committed the theft be 
 not thereof convicted ; any law, usage, or custom, to the 
 contrary notwithstanding. 
 
 SECT. 44. And be it further enacted, That every per- Crimes against 
 son who shall commit perjury, and shall be thereof duly PDBLIC * va - 
 convicted, before the superior or county court, shall for- 
 feit and pay the sum of sixty-seven dollars, one half to 
 the person or persons aggrieved by such offence, who 
 shall eue for and prosecute the same to effect, and the 
 other half to the use of this state ; and shall suffer im- 
 prisonment, in newgate prison, for the term of six months ; 
 and shall be, forever after such conviction, discredited, 
 and disabled to be sworn in any court of record. 
 
 SECT. 45. Every person who shall be guilty of subor- Subornation 
 nation of perjury, and shall be thereof duly convicted, be-
 
 104 
 
 .Bribery. 
 
 Embezzling, 
 altering, &.c. 
 any record, 
 will, deed, Sic. 
 
 -Counteifeiling 
 public seals. 
 
 Effecting es- 
 cape of prison- 
 ers in newgate 
 
 Resistance to 
 officer? 
 
 Title 20. Crimes and Punishment*. 
 
 fore the superior or county court, shall be subject to the 
 same forfeiture, and sniffer the same imprisonment and 
 disability, and be proceeded against in the same manner, 
 as for the crime of perjury. 
 
 SECT. 46. If any judge, or other person concerned in 
 the administration of justice, shall take any illegal fee, 
 gift, or undue reward, to influence his behavior in his 
 office ; or if any person shall give or offer any money, or 
 other thing of value, to any judge, or other person con- 
 cerned in the administration of justice, with an intention 
 to influence his behavior in his office ; every such judge. 
 or person, so offending, shall be deemed guilty of bribe- 
 ry, and being thereof duly convicted, shall forfeit arid pay 
 a fine not exceeding the sum of one thousand dollars, 
 and shall suffer imprisonment, in a common gaol, not ex- 
 ceeding two years, and shall be, forever after such con- 
 viction, incapable of holding any office of trust or profit. 
 
 SECT. 47. Every person who shall wilfully and cor- 
 rnptly embezzle, take away, withdraw, impair, raze, al- 
 ter or destroy any record, or parcel of the same, will, 
 testament, codicil, deed, writ, return, process, or other 
 proceeding in any court of record, or in the office of 
 the secretary of this state, or in the office of the clerk 
 of any county, town, city, borough, or other incorpo- 
 rated society or community in this state, with an inten- 
 tion thereby to defeat, injure, or prejudice the estate, 
 right, or title of any person, or body politic, or corporate, 
 and shall be thereof duly convicted, shall suffer imprison- 
 ment, in newgate prison, for a term not exceeding seven 
 years. 
 
 SECT. 48. Every person who shall counterfeit the seal 
 of this state, or the seal of any court, or public officer, by 
 law entitled to have and use a seal, and shall make use of 
 the same ; or shall unlawfully and corruptly, or with evil 
 intent, affix any of the said true seals to any commission, 
 deed or warrant, certificate, or other writing ; orwho shall 
 have in his possession or custody, any such counterfeited 
 seal, and shall wilfully conceal the same, knowing it to be 
 falsely made and counterfeited ; and shall be thereof duly 
 convicted, shall sufler imprisonment, in newgate prison, 
 for a term not exceeding seven years. 
 
 SECT. 49. Every person who shall effect the escape of 
 any prisoner, confined in newgate prison, or attempt the 
 same, or shall give any hetp or assistance therein, and 
 shall be thereof duly convicted, shall suffer imprisonment, 
 in newgate prison, for a term not exceeding six years. 
 
 SECT. 50. If any person shall abuse any justice of the 
 peace, or resist, or abuse any sheriff, constable, or other 
 officer, in the execution of his office ; such person shall
 
 Title 20. Crimes and Punishments. 105 
 
 ilnd sureties for the peace and good behavior, until the 
 next county court in that county ; or, on refusal, may be 
 committed to the common gaol, there to remain until the 
 next county court, which court shall take cognizance of 
 the offence ; and such offender, being thereof duly con- 
 victed, shall be punished, by a fine, not exceeding thirty- 
 four dollars, or by imprisonment, in a common gaol, not 
 exceeding two months,-orby such fine and imprisonment 
 both, at the discretion of said court. 
 
 SECT. 51. If any person shall be a common barrator, Barratry. 
 and be thereof duly convicted, before the county court, he 
 shall pay a fine of seventeen dollars, and become bound, 
 with one surety, for his good behavior, for a term not less 
 than one year. 
 
 SECT. 52. And be it further enacted. That if any per- ,9 rimes 
 
 c j. the PD 
 
 son shall challenge the person of another, or shall accept PEACE. 
 
 any such challenge, to fight at sword, pistol, rapier, or challenge to e 
 other dangerous weapons, such person, so challenging or duel, 
 accepting, being thereof duly convicted, shall forfeit and 
 pay, for every such offence, the sum of three thousand 
 dollars, and shall, also, find sufficient sureties, to the ac- 
 ceptance of the court having cognizance of the offence, 
 for his good behavior, during life ; and such person shall, 
 forever after such conviction, be disabled from holding 
 any office of profit or honor, under this state; and if such 
 convict shall be unable, or neglect to pay said forfeiture, 
 he shall be imprisoned, in a common gaol, for the term 
 of one year. 
 
 SECT. 53. If any person shall williHgly, or knowingly, Delivering 
 carry, or deliver any written challenge, or verbally deliv- cllallen g e - 
 erany message, meant as, orpurportingtobe, a challenge, 
 er shall be present at the fighting of any duel as aforesaid, 
 as a second or aid, or give countenance thereto; such 
 person, so offending, being thereof duly convicted, shall, 
 be subject to the same forfeitures, and suffer the same 
 punishment and disability, as for sending or accepting a 
 challenge as aforesaid, saving only finding sureties for 
 good behaviour during life, as before provided. 
 
 SECT. 54. If any three, or more persons shall come, or Riot 
 assemble themselves together, with intention to do any 
 unlawful act, with force or violence, against the peace, 
 r to the manifest terror of the people, and being requir- 
 ed or commanded, by any of the civil authority, or by any 
 sheriff, or deputy-sheriff, or by any one or more of the 
 select-men, or constables of any town, wherein such as- 
 sembly shall be, by proclamation made in the name of 
 the state, in the form prescribed by law, shall not dis- 
 perse themselves, and peaceably depart to their habita- 
 tions, or to their lawful business \ or, having so assembled 
 
 16
 
 Title 20. Crimes and Punishments, 
 
 as aforesaid, shall do any unlawful act against any man ; <> 
 person, possession, or property, or against the public in- 
 terest, in any particular, in manner as aforesaid ; every 
 .such person, so offending, being thereof duly convicted T 
 before the superior or county court, shall be punished by 
 a fine not exceeding the sum of sixty-seven dollars, or by 
 imprisonment, in a common gaol, not exceeding six 
 months, or by such fine and imprisonment both, at the 
 discretion of the court having cognizance of the offence. 
 Obstructing SECT. 55. If any person or persons shall, with force 
 
 proclamation an( | arrn g 5 wilfully and knowingly, oppose, obstruct, or in 
 against not. ^ manner j etj hinder, or hurt any pcrson-or persons, 
 who shall go, attempt, or begin to make proclamation 
 against riot, in manner and form prescribed by law ; every 
 such person so offending, being thereof duly convicted, 
 before the superior or county court, shall be punished by 
 a fine not exceeding the sum of sixty-seven dollars, or by 
 imprisonment in a common gaol, not exceeding six 
 months, or by such fine and imprisonment both, at the 
 discretion of the court having cognizance of the offence. 
 Continuing to- SECT. 56. If any persons, so being unlawfully and ri- 
 gether after otously assembled, to the number of three or more, to 
 :proclamation. whom p roc l ama tion should, or ought to have been made y 
 if the same had not been hindercd.as aforesaid, shall con- 
 tinue together, and not immediately disperse themselves, 
 after such let or hindrance so made, having knowledge 
 thereof; every such person so offending, being thereof 
 duly convicted, before the superior or county court, shall 
 be punished by a fine notexceedingthesum of sixty-seven 
 dollars, or by imprisonment, in a common gaol, not ex- 
 ceeding six mouths, or by such fine and imprisonment 
 both at the discretion of the court having cognizance of 
 the offence. 
 
 Destroying SECT. 57. If any person or persons, in the night season, 
 
 turnpike prop- or in a riotous and tumultuous manner, or. being armed 
 erty in ti... and dj s g iu ' se a in their persons, dress or appearance, shall 
 wVofoully"' break, destroy, pull down, remove, or in any way or man- 
 ner, injure any gate, toll-house, or fence, erected across 
 any highway, to prevent the passing by any gate belong- 
 ing to any turnpike company in this state, or to any com- 
 pany incorporated for supporting any toll-bridge in ,his 
 stale ; every such person, so ol'euding, being thereof du- 
 ly convicted, before the super.or or county court, sjjall 
 pay a fine not exceeding one hundred dollars, and 
 imprisonment, in a common gaol, for a term not exceed- 
 ing six mouths. 
 Breaking win- stcT. 58. If any person or persons shall, in the night 
 
 dws,Lc.inthe season, ru.tiiciously and wilfully break a<:y window, or 
 m fa bt season. * , J j .1 A-^- 
 
 windows, door or doors, in any dwelling-house in w>
 
 Title 20. Crimes and Punishments. 107 
 
 state, in which any family or families dwell or reside ; ev- 
 ery such person, being thereof duly convicted, shall be 
 punished by a fine, not exceeding one hundred dollars, or 
 by imprisonment, in a common gaol, not exceeding six 
 month?, or by such line and imprisonment both, at the 
 discretion of the court having cognizance of the offence. 
 
 SECT. 59. If any person or persons shall disturb or Breach of 
 break the peace, by tumultuous and offensive carriage, P eace - 
 Ihreatening, traducing, quarrelling, challenging, assault- 
 ing, beating, or striking any other person ; every such 
 person, so olFending. being thereof duly convicted, before 
 the county court, or a justice of the peace, shallpay such 
 fine, not exceeding one hundred dollars, us, on conside- 
 ration of the party olFending, the party a^rieved, the 
 instrument used, the degree of danger, the time, place, 
 and prov ocation, shall he judged just and reasonable, or 
 i suffer imprisonment, in a common gaol, not exceed- 
 ing six months, or ehall pay such fine, and suffer such 
 imprisonment both, at the discretion of the court having 
 cognizance of the offence : Provided, that no justice of Limitation of 
 the peace shall, for any such oflence, inflict a greater ^1-^" t hl 
 punishment than a fine of seven dollars, and imprison- peace, 
 ment for one month ; but if such offence, in the opinion 
 of said justice, be of so aggravated a nature, as to require 
 a greater punishment, the offender shall be bound over 
 to the next county court, to answer for such offence. 
 
 4 SECT. 60. And be it further enacted, That every per- Crimes against 
 son who shall have carnal knowledge of any man, against CIIASTm - 
 the order of nature, being thereof duly convicted, shall Sodomy, 
 suffer imprisonment, in newgate prison, during his natu- 
 ral life ; except that it shall appear, that one of the par- 
 ties was forced, or under fifteen years of age ; in which 
 case the party forced, or under the age aforesaid, shall 
 not be liable to suffer the said punishment. 
 
 SECT. 61. Every man or woman, who shall have ear- Beastiality, 
 nal copulation with any beast, and shall be thereof duly 
 convicted, shall suffer imprisonment, in newgate prison, 
 during his or her natural life. 
 
 SECT. 62. If any man shall commit adultery with a Adultery, 
 married woman, each of them, being thereof duly con- 
 victed, shall be punished by imprisonment, the man in 
 newgate prison, and the woman in a common gaol, fora 
 term not exceeding five years, nor less than two years. 
 (2.) 
 
 (2) The punishment of this crime was, whipped, by a justice of the peacfe. A 
 
 atfirst,whipping,braiidingon the forehead punishment fixing such a mark of infamy 
 
 with the letter A, and wearing a halter on the person of the offender, which could 
 
 about the neck, during tlieir residence in not be effated tiy. reformation, was prop- 
 
 the state ; and if found without such hal- erly exchanged for imprisonment in^new- 
 
 ter, they were liable to be ordered to be gat'e
 
 108 
 
 Title 20. Crimes and Punishments. 
 
 Incest. SECT. 63. No man shall marry any woman within the 
 
 following degrees of kindred; that is to say, no man shall 
 marry his grand-father's wife, wife's grand-mother, fa- 
 ther's sister, mother's sister, father's brother's wife, moth- 
 er's brother's wife, wife's father's sister, wife's mother's 
 sister, father's wife, wife's mother, daughter, wife's daugh- 
 ter, son's wife, sister, son's daughter, daughter's daughter, 
 aon's son's wife, daughter's son's wife, wife's son's daugh- 
 ter, wife's daughter's daughter, brother's daughter, sis- 
 ter's daughter, brother's son's wife, sister's son's wife. 
 And every man and woman wh$> shall marry, or carnally 
 know each other, being within any of the degrees of kin- 
 dred aforesaid, and shall be thereof duly convicted, shall 
 be punished by imprisonment, the man in newgate pris- 
 on, and the woman in a common gaol, for a term not ex^ 
 ceeding five years, nor less than two years. And every 
 marriage, within any of the degrees of kindred afor esaid, 
 shall be, and is hereby declared to be. to all intents and 
 purposes, null and void. 
 
 Bigamy. SECT. 64. If any married person, his or her lawful wife 
 
 or husband being alive, shall marry any other person ; or 
 if any single person shall marry any married person, his 
 or her lawful wife or husband being alive ; or if any per- 
 sons, so unlawfully married, shall continue to live togeth- 
 er, as husband and wife ; every person, knowingly of- 
 fending, in either of the cases aforesaid, shall sufier the 
 same punishment as is provided by law, for the crime of 
 adultery ; and such unlawful marriage shall be, and is 
 hereby declared to be, to all intents and purposes, null 
 and void. 
 
 Fornication. SECT. 65. If any man shall commit fornication with 
 any single woman, each of them, being thereof duly con- 
 victed, before the county court, or a justice of the peace, 
 shall pay a fine of seven dollars, or suffer imprisonment, 
 in a common gaol, for the term of one month, at the dis- 
 cretion of the court having cognizance of the offence. 
 
 Lascivious car- SECT. 66. Every person who shall be guilty of lasciv- 
 
 riage. j O us carriage and behavior, and shall be thereof duly con- 
 
 victed, before the county court, or a justice of the peace, 
 shall be punished by fine, not exceeding ten dollars, or 
 by imprisonment in a common gaol, not exceeding two 
 months, or by such fine and imprisonment both, at the 
 discretion of the court having cognizance of the of- 
 fence. (3) 
 
 (3) This law originated from the pecu- 
 liar sentiments (if the first settlers respect- 
 ing the intercourse of the sexes, and was 
 Occasioned by a prosecution for this of- 
 fence before the particular court (as it was 
 
 called) in 1642. The act was passed in 
 December, 1642, and appears in the revi- 
 sion of 1672, and has ever since been con- 
 tinued. Though the definition of this 
 crime is expressed in terms so general as
 
 Title 20. Crimes and Punishments. 109 
 
 SECT. 67. And be it further enacted. That every per- Crimes against 
 son who shall be guilty of blasphemy against God. or either "^ Y AND 
 of the persons of the Holy Trinity, or the Christian reli- 
 gion, or the holy scriptures, and shall be thereof duly con- Blas P hero y- 
 victed, before the superior court, shall be punished, by a 
 fine not exceeding one hundred dollars, and by impris- 
 onment, in a common gaol, for a term not exceeding one 
 year, and may also be bound to his good behavior, at 
 the discretion of the court having cognizance of the of- 
 fence. 
 
 SECT. GS. If any person shall swear rashly, vainly, or Profane swear- 
 profanely, either by the holy name of God, or any other ing 
 oath ; or shall sinfully and wickedly curse any person or 
 persons ; such person, so offending, being thereof duly 
 convicted, shall forfeit and pay, for every such offence, 
 the sum of one dollar. 
 
 SECT. 69. If any person shall print, import, publish, Distributing 
 sell, or distribute, any book, pamphlet, ballad, or other b c sce )ks 
 printed paper, containing obscene language, prints, or 
 descriptions ; such person, being thereof duly convicted, 
 before the county court, shall forfeit and pay, for every 
 such offence, a sum not exceeding fifty dollars. 
 
 SECT. 70. If any person shall purchase, or introduce Purchasing, or 
 into any family, college, academy, or school, any such lo^anv^amilv 
 book, pamphlet, ballad, or printed paper ; such person, & c . obscene 
 being thereof duly convicted, shall forfeit and pay, for books, &c, 
 every such offence, a sum not exceeding seven dollars. 
 
 SECT. 71. If any person shall be found drunken, so Drunkenness, 
 that he be thereby bereaved and disabled in the use of 
 his reason and understanding ; such person, being thereof 
 duly convicted, shall forfeit and pay, for every such of- 
 fence, the sum of two dollars. 
 
 SECT. 72. Be it further enacted, That if any person, Crimes against 
 number of persons, or corporation in this state, without Pl 
 
 special authority from the legislature, shall emit and ut- Emitting bills 
 
 i-'ii f j-j. to be used as a 
 
 ter any bill 01 credit, or make, sign, draw or endorse any currency . 
 
 bond, promissory writing or note, bill of exchange, or or- 
 der, to be used as a general currency or medium of 
 trade, as and in lieu of money ; such person or persons, 
 or members of such corporation assenting to such pro- 
 ceeding, and every of them, being thereof duly con- 
 victed, before the superior court, shall pay a fine not ex- 
 ceeding six hundred dollars, and be imprisoned, in a com- 
 
 to give to courts an unbounded latitude of struction was, that the statute compre- 
 
 discretion, hardly compatible with civil bended all those wanton acts between 
 
 liberty ; yet as a construction has been giv- persons of different sexes, flowing from 
 
 .en by the supreme court of errors, which the exercise of lustful passions, and which 
 
 will comprehend only offences that ought are not otherwise punished as crimes a- 
 
 to be restrained and punished, it has been gainst chastity and public decency. Fw~ 
 
 thought advisable to retain it. The con- Itr v. State, 5 Day, 81.
 
 110 
 
 Title 20. Crimes and Punishments, 
 
 Passing such 
 bills, 8tc. 
 
 Unauthorized 
 lotteries. 
 
 mon gaol, for a term not exceeding two years, at the dis- 
 cretion of the court having cognizance of the offence. 
 
 SECT. 73. If any person or persons, or corporation, 
 shall vend, utter or pass any bill of credit, bond, promis- 
 sory writing or note, bill of exchange, or order, made, 
 signed, drawn or endorsed as aforesaid, either in this or 
 the neighboring states, to be used as aforesaid, except 
 bills or notes issued by the incorporated banks in the said 
 states; such person, persons or corporation, so offending, 
 being thereof duly convicted, before the county court, or 
 a justice of the peace, shall forfeit and pay treble the 
 sum or value expressed in such bond, note, bill or other 
 currency, the one half to him or them who shall prose- 
 cute the same to effect, and the other half to the treasu- 
 ry of the town, when the triai shall be had before a justice 
 of the peace, and to the county treasury, when it shall be 
 before the county court. 
 
 SECT. 74. If any person or persons, without special 
 liberty from the general assembly, shall setup any lottery, 
 to raise and collect money, or for the sale of any pro- 
 perty ; or if any person shall, by wagers, shooting, or any 
 kind of hazard, sell and dispose of any kind of property, 
 or set up notifications to induce people to bring in, and 
 deposit property to be disposed of in such manner, or to 
 risk their money or credit in carrying on such designs ; 
 every such person, so offending, being thereof duly con- 
 victed, before the county court, shall forfeit the amount 
 of the money proposed to be raised by such lottery, and 
 the value of the property so exposed, or proposed to be 
 exposed, to sale, or drawn for, the one haif to him or 
 them who shall prosecute the same to eliect, and the oth- 
 er half to the county treasury. 
 
 SECT. 75. If any person or persons shall, within this 
 state, buy, purchase, sell or otherwise dispose of any lot- 
 tery tickets, issued from or under the authority of any 
 other state whatever ; such person or persons, so offend- 
 ing, being thereof duly convicted, shall forfeit and pay 
 the sum of seven dollars, for every such ticket, so bought, 
 sold or otherwise disposed of, the one half to him or them 
 who shall prosecute the same to effect, and the other 
 half to the treasury of the town ; and no appeal shall be 
 allowed from any judgment upon any suit or prosecution 
 for said penalty. 
 
 SECT. 76. If any person or persons shall, within this 
 fice for thesale s t a te, sell or open, or keep any office, shop or store, for 
 s- the purpose of selling or procuring any lottery ticket or 
 tickets, except such as are or shall be issued, or permitted 
 to be sold, by authority of the general assembly of this 
 state ; or if any person or persons shall act as a broker. 
 
 Selling lottery 
 tickets of other 
 state*. 
 
 Keeping an of-
 
 Title 20. Crimes and Punishments. Ill 
 
 factor or agent in buying, selling, or procuring to be 
 bought or sold, any such ticket or tickets, or any part, 
 portion or interest therein, or in effecting any contract 
 in regard thereto ; or shall set up, exhibit or publish, or 
 cause to be set up, exhibited or published, within this 
 state, any written or printed offer or proposal, to buy, 
 sell, or procure any such ticket or tickets, or any part, 
 portion or interest therein ; or any proposal or offer to 
 effect any contract in regard thereto ; such person or 
 persons, so offending, being thereof duly convicted, be- 
 fore the county court, shall, for each offence, forfeit and 
 pay a fine of fifty dollars. 
 
 SECT. 77. If any person shall bet or wager upon any Betting upo 
 horse-race, or be concerned in making up any purse for ^orse-race. 
 any such race, and shall be thereof duly convicted, be- 
 fore the county court, he shall forfeit and pay the sum of 
 fifty dollars. 
 
 SECT. 78. If any person shall be a stake-holder of any Being stake-- 
 sum of money, or of any other thing, betted, staked or nolder >kc. 
 wagered upon any horse-race ; or shall print, or cause to 
 be printed, any paper notifying or advertising any horse- 
 race ; or shall be the rider of any horse, or horse kind, 
 in any race, on which any bet or wager shall have been 
 made ; such person, so offending, being thereof duly 
 convicted, before the county court, shall forfeit and pay 
 the sum of thirty dollars. 
 
 SECT. 79. Each horse, or horse kind, used and em- Forfeiture of 
 
 i i i_ i i horse used in 
 
 ployed in any horse-race, on which any bet or yvager is horse-race 
 laid, or any purse or stake made, shall thereby be for- 
 feited to this state ; and may, at any time yvithin six 
 months thereafter, be seized, by any constable or grand- Seizure, 
 juror of the town, in which such race shall have been 
 run, or by the attorney for the state in the countv in which 
 such town is ; and in case of seizure as aforesaid, the in- Information, 
 forming officer so seizing, shall make information against 
 such horse, or horse kind, to the next county court in 
 such county ; and said court shall proceed to hear and 
 determine such information ; and in ca?e such horse, or 
 horse kind, shall be adjudged forfeited, such court shall 
 order a sale thereof, at public vendue, or private sale, and Sa * e 
 direct the avails thereof, first deducting the charges 
 of condemnation, to be paid into the treasury of this 
 state. 
 
 SECT. 80. If any person or persons shall play at cards, Playing at 
 dice, tables or billiards, for money ; every such person, 
 so oifending, being thereof duly convicted, shall pay for 
 every such offence, a fine of three dollars and thirty' 
 four cents.
 
 Title 20. Crimes and Punishments. 
 
 Heads of fami- 
 lies permitting 
 cards to be 
 played in their 
 house. 
 
 Sellingplaying- 
 oards. 
 
 Taverners 
 keeping imple- 
 ments used in 
 gaining. 
 
 Keeping bil- 
 liard table. 
 
 Saining at bil- 
 iard table, E.O. 
 table, &c. 
 
 Taverner, &c. 
 suffering play. 
 
 Finding of 
 court or jury. 
 
 SECT. 81. The head of every family in whose hoilse 
 any game at cards, dice, tables or billiards, is so played 
 or used, with his or her privity or consent, being thereof 
 duly convicted, shall forfeit and pay, for each time any 
 such game is so played or used, a tine of three dollars and 
 thirty-four cents. 
 
 SECT. 82. If any person shall sell any playing-cards in 
 this state, or have any for sale in his possession, or offer 
 to sell any ; every such person, so offending, being there- 
 of duly convicted, shall pay for every pack of cards by 
 him so sold, possessed or offered for sale, a fine of seven 
 dollars. 
 
 SECT. 83. If any taverner, inn-keeper, or victualler 
 shall have or keep in or about his or her house, or any of 
 the dependencies thereof, any cards, dice, tables or 
 billiards, or any other implement used in gaming ; or 
 shall suffer any person or persons resorting to his or her 
 house, to use or exercise any of the said games, or any 
 other unlawful game within his or her house, or any of 
 the dependencies thereof, or places to them belong- 
 ing ; every such person, so offending, being thereof duly 
 convicted, shall pay for every such offence a fine of seven 
 dollars. 
 
 SECT. 84. If any person or persons shall, at any time, 
 have or keep in his, her or their custody or possession 
 any billiard-table ; every such person, being thereof 
 duly convicted, shall forfeit and pay the sum of seven 
 dollars ; and the like sum for every time, as often as any 
 such billiard-table shall be found in his, her or their pos- 
 session. 
 
 SECT. 85. If any person shall win or lose any money, 
 or other valuable thing, by play or hazard, at cards, dice, 
 E O table, tables, billiards, tennis, bowls, shuffle-board, 
 or other game or games whatsoever, or by betting on 
 such play or hazard, or by sharing in any stake, wager^ 
 or adventure of others, who bet, play or hazard as afore- 
 said ; or if any taverner, inn-keeper, or other person, 
 shall consent to, or suffer such playing or hazarding to be 
 practised in his or her house, or its dependencies, or in 
 any building or place in his or her occupation ; and any 
 money, or other valuable thing, shall thereupon be won 
 or lost as aforesaid ; every person so offending, being 
 thereof duly convicted, before the county court, shall 
 forfeit and pay a fine of double the value of such money 
 or thing. And on trial of any person, for either of the 
 offences in this section before mentioned, the court or 
 jury, as the case may be, on finding such person guilty of 
 such charge, shall also find the value of the money or 
 thing won or lost ; or if it appear that such person hath
 
 Title 20. Crimes and Punishments. 113 
 
 won or lost as aforesaid, or consented to, or suffered 
 such playing or hazarding as aforesaid, and the value of 
 the money or thing won or lost he uncertain, or be not 
 made to appear; the court or jury, as the case may be, 
 shall thereupon find him or her guilty, and shall also find 
 the value of such money or thing to he uncertain ; and 
 whenever the value of such money or thing shall be so 
 found to be uncertain, as aforesaid, such person shall be 
 adjudged to forfeit and pay a fine not exceeding one 
 hundred dollars, nor less than twenty dollars. 
 
 SECT. 86. Every person who shall own or share, in Owning bil- 
 part or in whole, any billiard-table, or E O table; or ijfo tabl^'&c, 
 who shall have any part, share or interest in any bank, 
 commonly called a faro bank ; or in any other bank, capi- 
 tal stock or fund, raised or established for gaming ; or 
 who shall have or keep in his or her custody or posses- 
 sion, any such table; and shall be thereof duly convict- 
 ed, before the county court, shall forfeit and pay a fine of . 
 one hundred dollars. 
 
 SECT. 37. If any company of players, or persons Theatrical ex 
 whatsoever, shall exhibit any tragedies, comedies, farces nations, 
 or other dramatic pieces or compositions, or any panto- 
 mimes, or other theatrical shows whatsoever, in any 
 public theatre, or elsewhere, in this state, with views of 
 gain, and for which they shall demand and receive from 
 the spectators of such shows and exhibitions, or others, 
 any sum or sums of money, as a reward for their service 
 and labour therein, or under colour of a gratuity there- 
 for ; each person so exhibiting, bieng thereof duly con- 
 victed, before the county .court, shall forfeit and pay a 
 penalty of fifty dollars, one half to him or them who shall 
 sue for, and prosecute the same to effect, and the other 
 half to the treasury of the county. 
 
 SECT. 88. If any mountebank, tumbler, rope-dancer, Exhibition? 
 master of puppet-shows, or other person or persons, shall banlks^tum- 
 exhibit or cause to be exhibited, on any public stage or biers, '&c. 
 place whatsoever, within this state, any games, tricks, 
 plays, shows, tumbling, rope-dancing, puppet-shows, or 
 feats of uncommon dexterity or agility of body ; or offer, 
 vend, or otherwise dispose of, on any such stage or place, 
 to any persons so collected together, any drugs or medi- 
 cines recommended to be useful in various disorders ; 
 every person so offending, being thereof duly convicted, 
 before the county court, shall forfeit and pay, for every 
 such offence, a sum not exceeding two hundred dollars, 
 nor less than sixty dollars, one half to him or them who 
 shall sue for, and prosecute the same to effect, and the 
 ether half to the treasury of the county t and if such of- 
 
 17
 
 414 
 
 Title 20. Crimes and Pwushriients. 
 
 Permitting 
 exhibitions in 
 one's house. 
 
 'Accessories. 
 
 Tines, &.c. 
 
 Duty of in- 
 forming offi- 
 cers. 
 
 Disposition of 
 penalty. 
 
 Punishment of 
 death, how in- 
 flicted. 
 
 Imprisonment 
 in newgate ; 
 
 in a common 
 gaol. 
 
 Second con- 
 viction. 
 
 fender be a minor, or an apprentice, under the age of 
 twenty-one years, or a servant, such fine or penalty shall 
 be paid by his parent, guardian or master. 
 
 SECT. 89. If any person within this state shall suffer 
 any such mountebank to vend his medicine, or any per- 
 son to exhibit any tricks of tumbling, rope-walking, or 
 dancing^ puppet-shows, or any uncommon feats of agili- 
 ty of body, for money, or other cause, before any collec- 
 tion of spectators, in his or her house, or its dependen- 
 cies ; every such person, so offending, being thereof du- 
 ly convicted, shall forfeit and pay, for every such offence, 
 the sum of seven dollars, one half to him or them who 
 shall sue for and prosecute the same to effect, and the 
 other half to the treasury of the town wherein such of- 
 fence shall be committed. 
 
 SECT. 90. Be it further enacted, That every person 
 who shall aid, assist, abet, counsel, hire, or command 
 any person or persons, to commit any crime or offence 
 in this act before mentioned, being thereof duly convict- 
 ed, shall suffer the same punishment as that to which the 
 principal offender is subject. 
 
 SECT. 91. In all cases where a line, penalty, or forfeit- 
 ure is provided and inflicted by this act. as a punish- 
 ment for any offence, and one moiety thereof is given to 
 the person or persons aggrieved, or to him or them who 
 shall sue for and prosecute the same to effect, and the 
 other moiety to the state, county, or town treasury, it 
 shall be the duty of all proper informing officers to make 
 presentment of such offence to the court having cogni- 
 zance thereof, and in case of conviction, on such present- 
 ment, the whole of such fine, penalty, or forfeiture, shall 
 go and belong to the state, county, or town treasury. 
 
 SECT. 92. The punishment of death, herein before 
 mentioned, shall, in all cases, be inflicted by hanging by 
 the neck, at such time as the court shall direct, not less 
 than thirty days after the conviction ; and the .punish- 
 ment of imprisonment in newgate prison, shall be sub- 
 ject to the provisions of law, relating to said prison ; and 
 that of imprisonment in a common gaol, shall be subject 
 to the provisions of law, relating to gaols and gaolers. 
 
 SECT. 93. If any person, having been convicted of 
 either of the crimes aforesaid, the punishment whereof is 
 imprisonment in newgate prison, for a term less than 
 for life, shall again be convicted of the same crime, or of 
 either of s-jch crimes, he shall, on such second convic- 
 tion, suffer imprisonment in said prison, for a term not 
 exceeding double the term for which he would be liable 
 to suffer, without such former conviction : and if any
 
 Title 20. Crimes and Punishments. 115. 
 
 person shall be convicted a third time, of eitlier, or any Third convic- 
 of said crimes, he shall sutler imprisonment in said new- llon - 
 gate prison, during his natural life. 
 
 SECT. 94. On the conviction of any female, of any Imprisonment 
 crime, the punishment whereof if committed by males, is.offemal.es, 
 imprisonment in newgate prison, such female shall be lia- 
 ble and subjected to confinement with none but females, 
 in the common work-house in the county where such of- 
 fence is tried, there to be kept at such labor as may be 
 suitable, and to be under the direction of the overseers 
 of said work-house, for the same period, for which the 
 offender, if a male, would be liable to suffer imprison- 
 ment in newgate prison : Or such female may be sen- 
 tenced to confinement in newgate prison, with none but 
 females, in an apartment to be prepared for that purpose. 
 
 SECT. 95. That in all cases of convictions for theft, Juslices ~^ 
 and in all cases of convictions for breaches, of peace, tte\n cases, 
 when the delinquent neglects or refuses to pay the fine to sentence de- 
 and cost incurred by law, before a justice of the peace, J'nqj'ents to 
 the justice may, at his discretion, instead of the punish- 
 ments or penalties now by law prescribed, sentence the 
 delinquent to hard labor in the work-house of the town 
 in which said conviction is had, or in which such town 
 may have a right to confine any delinquents, if any there 
 be, for a term not exceeding ninety days, for the first of- 
 fence, and for a term not exceeding six months, for the 
 second or any after offence. 
 
 SECT. 96. Any male person, who shall be guilty, and When newgate 
 convicted of any crime, the punishment whereof is, or P nso . n 1S ? ut ot 
 shall be, confinement in newgate prison, at any time erHn^be 011 
 when said prison may be out of repair, may be confined confined in 
 in any of the gaols in the state, until such prison shall be common g ao! - 
 in a condition to receive him, 
 
 SECT. 97. All persons charged with any of the offences Offenders, 
 herein before mentioned, shall be tried in the county ^j re to be 
 wherein the offence shall have been committed, except 
 that persons, charged with bigamy, may be tried in the, 
 county where they shall be apprehended ; and where 
 theft shall be committed in one county, and the property Theft. 
 stolen be carried into another, the offender may be tried 
 in either county. If a person be wilfully and maliciously Murder, 
 stricken or poisoned, in one county, and die of the same 
 stroke or poison, in another county, within one year 
 thereafter, the offender shall be tried in the county where 
 such stroke or poison was given. 
 
 SECT. 98. All persons detained in gaol for trial, for an Bail, 
 offence not capital, shall be entitled to bail, to be taken 
 by one or more of the judges of the court having cotrni- 
 y^ance of the, offence. 

 
 116 
 
 Title 20. Crimes and Punishments. 
 
 Jnrisdiction of 
 judges of su- 
 perior court j 
 
 of justices of 
 the peace. 
 
 Authority of 
 justices of the 
 peace to bind 
 over. 
 
 To whom re- 
 cognizance 
 shall be taken. 
 
 Persons com- 
 mitted for 
 want of recog- 
 nizance, how 
 to be relieved. 
 
 Right of ap- 
 peal. 
 
 Judgment on 
 view. 
 
 SECT. 99. The superior court shall have cognizance 
 of all offences, whereof any part of the punishment is, or 
 may be, death, confinement in newgate prison, or inca- 
 pacity to hold office, and also of high crimes and misde- 
 meanors at common law ; the several justices of the peace 
 shall have cognizance of all offences, punishable by a line 
 or forfeiture, not exceeding seven dollars ; and the sev- 
 eral county courts, in their respective counties, shall have 
 jurisdiction of all cases of a criminal nature, not by Jaw 
 cognizable by the superior court, or a justice of the 
 peace ; and shall also have cognizance, concurrently 
 with the superior court, of the crime of burglary, and of 
 the offences created, described and denned in the twenty- 
 fourth and twenty-fifth sections of this act. 
 
 SECT. 100. If any person or persons shall be brought 
 before a justice of the peace, for any matter of a criminal 
 nature, which is not determinable by a single minister of 
 justice, such authority shall recognize, with surety, such 
 person or persons, if bailable, to appear before the court 
 proper to try and determine the same, and for want of 
 sufficient bail, to commit him or tjiem to gaol, for the 
 purpose aforesaid ; and also to commit all such as are not 
 by law bailable, that they maybe brought to justice ; and 
 the bond of recognizance, which such justice of the peace 
 may take, shall, if .the record is returnable to the county 
 court, be given to the treasurer of the county, and, if re- 
 turnable to the superior court, to the treasurer of the 
 state. 
 
 SECT. 101. In all cases -wherein a recognizance has 
 been, or may be, required from any person, by a justice 
 of the peace, such person, if confined in a gaol for neglect- 
 ing or refusing to recognize, may be relieved, by entering 
 into a proper recognizance, before any judge of the supe- 
 rior court, or any judge of the county court, in the coun- 
 ty wherein such person may be confined. 
 
 SECT. 102. When any person shall be convicted, be- 
 fore a justice of the peace, of any crime, except drunken- 
 ness, profane swearing, cursing, or sabbath-breaking, lie 
 shall have liberty of appeal to the next county court ; pro- 
 vided he gives sufficient security for his appearance, and 
 for abiding the judgment that may be given by the county 
 court therein. 
 
 SECT. 103. Whenany justice of thepeace shall haveplain 
 view, or personal knowledge, of any person's being guil- 
 ty of drunkenness, profane swearing, cursing, or sabbath- 
 breaking, it shall be accounted good and sufficient evi- 
 dence in the law, for such justice to make up a judgment 
 against such person or persons, so offending, having first 
 caused such person or persons to be brought before him.
 
 Title 20. Crimes and Pimishmenta. 117 
 
 But no judgment shall be rendered, by a justice of the 
 peace, against any person, for any other offence, whether 
 on confession or otherwise, without previous complaint 
 and warrant. 
 
 SECT. 104. Every justice of the peace shall have au- Authority of 
 thority to issue process, to be served in any part of the justice of the 
 state, -o apprehend, and bring before him, any person 
 
 against whom complaint is made, for any criminal of- 
 fence, for which he ought to be brought before such Jus- 
 tice for trial, or examination ; and may, in like manner, 
 grant summons, or capias, for witnesses, in such cases. 
 And justices of the peace, in all criminal prosecutions, Powers of jus- 
 shall have power to issue procer-s directed to any proper 
 
 Q crm- 
 
 indifferent person to be served in any part of the State, inal prosecu- 
 te apprehend and bring before them any person against tions to is ? ue 
 whom a complaint is made for a crime, and in like man- ecMoTndiffer? 
 ner to grant summons, or capias for witnesses ; and such ent persons. 
 indiilerent person shall have lawful authority to execute 
 the same. 
 
 SECT. 105. The superior court, and the several coun- Grand-jury. . 
 ty courts in this state, shall have power, when there shall 
 be occasion, to order a grand-jury of eighteen, of those 
 chosen by the respective towns in the county, or other 
 sufficient freeholders of the county, wherein the court is 
 sitting, to be summoned, impannelled, and sworn, to en- 
 quire after, and present such criminal offences as shall be 
 cognizable by said courts respectively. And no person indictment, in 
 shall be held to trial, or put to plead, to any complaint, what cases ne- 
 information, indictment, or accusation, for any crime, the cesar y- 
 punishment of which may be death, or imprisonment for 
 life, unless a bill of indictment be found against such per- 
 son for such crime, by a grand jury, legally impannelled 
 and sworn ; and no bill of indictment shall be presented 
 by any grand-jury, unless twelve, at least, of the jurors 
 agree to it. 
 
 SECT. 106. If the grand-jury shall, in the same indict- Proceedings on 
 ment, charge any woman with the wilful murder of her IJnareine'^iniir- 
 infant bastard child, as well as with being secretly deliv- der of bastard 
 ered of such child, and of concealing the death thereof, child, &c. 
 or either of such offences, and it shall appear to the jury 
 of trials, that she is guilty of the murder charged, she 
 shall be thereupon convicted of murder, and suffer the 
 pains of death, as in case of murder ; but if it shall not 
 appear to the same jury, that she is guilty of the murder 
 charged in the indictment, but only of either, or both 
 the other offences aforesaid, then the same jury may ac- 
 quit her of the charge of murder, and find her guilty of . 
 
 the other offences aforesaid, or either of them, as the 
 case may be..
 
 118 
 
 Peremptory 
 challenge e 
 jurors. 
 
 Evidence in 
 capital cases. 
 
 Evidence in 
 prosecutions 
 for forging or 
 putting off forg- 
 ed bank bills. 
 
 Witness, how 
 compelled to 
 appear and tes 
 tify. 
 
 Proviso. 
 
 Compensation 
 to witnesses 
 without the 
 state. 
 
 Contempt of 
 court 
 
 Title 20. Crimes and Punishments. 
 
 SECT. 107. Any person arraigned before the superior 
 court for trial, on an indictment for any offence, by law 
 punishable with death, shall have liberty, peremptorily, 
 and without giving any reason, to challenge twenty of the 
 jurors, summoned and impanneled for said trial, and no 
 more without shewing sufficient reasons. 
 
 SECT. 108. No person shall be convicted of any crime, 
 by law punishable w ith death, but upon the testimony of 
 two or three witnesses, or that which is equivalent. 
 
 SECT. 109. In a prosecution against any person for for- 
 ging or altering any bill or bills, purporting to be issued 
 by any bank, not incorporated by the authority of this 
 state, or for putting off taich bills, knowing them to be 
 forged or altered, the deposition of the president, cash- 
 ier, or any clerk of such bank, duly taken, shall be ad- 
 mitted to prove the existence of such bank, and that such, 
 bill, or bills are forged or altered : and in such prosecu- 
 tions, the testimony of witnesses who have the means of 
 knowledge, shall be admitted to prove, that bills of the 
 description of those charged to be forged or altered, pass 
 and are received, as true bills ; and that the bill or bills 
 for which the prosecution is pending, is, or are different 
 from the true bills, and is, or are treated and considered 
 as false, forged, or altered. 
 
 SECT. 1 10. If any person who shall be required to ap- 
 pear and give his evidence, upon the examination or trial 
 of any delinquent, or criminal, or an offender against any 
 penal law, shall refuse to appear, or make oath to de- 
 clare his knowledge in the matter, or cause, the court, 
 or justice, holding such examination or trial, may appre- 
 hend and commit the person, so refusing, to gaol, there 
 to remain at his ow^n cost, until he shall give evidence as 
 aforesaid : Provided, that no person shall be compelled 
 or required to give evidence against himself, nor shall any 
 evidence, given by him as aforesaid, be, at any time, con- 
 strued to his prejudice. 
 
 SECT. 111. Whenever, in any criminal prosecution 
 before the superior court, or any county court in this 
 state, it shall be necessary to obtain the testimony of any 
 witness residing without this state, it shall be lawful for 
 such court to allow to such witness a just and reasonable 
 sum for his or her time and expenses, in coming to, at- 
 tending upon, and returning from such court, to be taxed 
 and paid as in other cases. 
 
 SECT. 112. If any person, in the presence of any court, 
 shall, cither by words or actions, behave contemptuously 
 or disorderly, it shall be in the power of the court to in- 
 flict such punishment upoi him. by fine or /Mimsonment, 
 :i- -hall be pntgrd ivmonable : Provided, however. thaV
 
 Title 20. Crimes and Punishments, 1 1 1< 
 
 no single minister of justice shall inflict a greater fine than Limitation of 
 
 n dollars, nor a longer term of imprisonment than one P unisliment - 
 month ; and no other court shall inflict a greater fine than 
 one hundred dollars, nor a longer term of imprisonment 
 than six months. 
 
 SECT. 113. It shall be the duty of the court to state Direction of the 
 their opinion to the jury, upon all questions of law, aris- J? ur1 
 ing in the trial of a criminal cause, and to submit to their 
 consideration both the law and the fact, without any di- 
 rection how to find their verdict. 
 
 SECT. 114. The party aggrieved by manifest and ma- Writ of error 
 terial error appearing of record, in any criminal prosecu- 
 tion, maybe relieved by writ of error, in the same man- 
 ner as in civil actions. 
 
 SECT. 115. Whenever writ of error, or petition for Service of wnt 
 
 u n v. i uj. of error, orpe- 
 
 new trial, shall be brought in a criminal case, service t i t j on f or a new 
 
 'hereof shall be made by leaving an attested copy thereof, trial, in crimi- 
 by some proper officer, with the attorney for the state, nal cases 
 in the county where such writ of error or petition for 
 new trial shall be brought, or by reading the same in the 
 hearing of such attorney. 
 
 SECT. 116. When any sheriff, deputy-sheriff, or con- Warrant and 
 stable, shall receive a warrant from any court or justice, cxecutlon - 
 having lawful cognizance of the offence, to do execution 
 of a judgment, by them or him given, against any delin- 
 quent or criminal, such officer shall proceed according to 
 the direction of such warrant, to do execution himself, or 
 by some meet person by him to be procured, to the ac- 
 ceptance of the court granting such warrant ; and for 
 doing execution as aforesaid, a reasonable satisfaction 
 shall be made, as the court orjustice shall allow ; which 
 shall be taxed as a part of the costs against such delin- 
 quent or criminal, and shall be paid as is provided by law, 
 for the payment of other charges of prosecution. 
 
 SECT. 117. Every person who shall be informed Costs on con 
 against, complained of, indicted, or in any lawful manner victlon 
 prosecuted, for any crime or matter of delinquency, and 
 shall be thereof duly convicted, shall pay all the neces- 
 sary costs arising upon such prosecution, before he shall 
 be discharged ; but if such person, sx> prosecuted as 
 aforesaid, shall be acquitted, or if, in case of conviction, 
 the costs of prosecution cannot be obtained out of his 
 estate, such costs, if the trial be in the superior or county 
 court, shall be paid out of the state treasury, and if before 
 a justice of the peace, out of the treasury of the town 
 wherein the prosecution is had. And in all cases^ the 
 said superior and county courts respectively, are empow- 
 ered to draw on the state-treasurer, and such justice of 
 the peace is empowered to draw on the town-treasurer, 
 for the amount of such costs, immediately after the pros-
 
 120 Tittc 20. Crimes and Punishment *: 
 
 i mion is determined ; and such costs, if eventually re- 
 covered of the person prosecuted, shall be paid into the 
 treasury, which shall have been so as aforesaid drawn 
 upon, for the amount thereof.(4) 
 
 Costs, on un- SK CT. 118. In case costs shall arise on any proceedings. 
 
 successful pur- . , / r j i. 
 
 u l t or in pursuit oi any person informed against, by any in- 
 
 forming officer, and such person cannot be apprehended, 
 or being apprehended, shall without fault of the officer, 
 escape, before he is committed to prison, or bailed, such 
 costs, if the offence of which such person is accused be 
 recognizable by the superior, or county courts, shall be 
 paid out of the state treasury, and if cognizable, by a 
 justice of the peace only, out of the treasury of the town 
 wherein the offence is alleged to have been committed : 
 and said superior and county courts, and the justice of 
 peace to whom the process is returnable, are, respective- 
 ly, empowered to give order for the payment thereof 
 accordingly. 
 
 Reward for SECT. 119. Whosoever shall make discovery, and give 
 
 ei-y k ' n a g nd 1SC eiv- i ni rm ation against any person accused of forgery, ov 
 
 inginformation counterfeiting, in any manner herein before specified ; 
 
 of forgery, &c. or of uttering and putting off any forged or counterfeited 
 writing or coin, herein before specified; 'or of passing, 
 selling, exchanging or giving in payment, or offering to 
 pass, sell, exchange or give in payment, the same, or of 
 receiving and having the same in his possession ; or of 
 engraving or making any plate, for the purpose of forgery 
 or counterfeiting as aforesaid ; or of having in his pos- 
 session any bank, or unfinished note or bill, of the de- 
 scription aforesaid, or any plate for forging or counter- 
 feiting the same, with the intention in such cases re- 
 spectively aforesaid ; or of aiding, assisting, counselling, 
 or advising therein ; so that the person accused thereof 
 shall be tendered to justice, and shall be convicted, or 
 being bound over for trial, shall forfeit his bond or re- 
 cognizance ; every such informer shall have and receive, 
 as a reward for his good services in discovering and in- 
 forming as aforesaid, the sum of thirty-four dollars, to be 
 ordered out of the state-treasury, by the court before 
 whom such conviction or forfeiture is had. And whoso- 
 ever shall make discovery and give information against 
 
 (4) In the revision of 1672, there is a prosecution, and the same was had by 
 statute, enacting, that any person commit- mistake ; and were liable to be assigned 
 ted upon delinquency, shall bear the char- in service, if unable to pay. It was "con- 
 ges of prosecution, and shall pay to the sidered so unjust, that a person who was 
 master of the prison six shillings and eight acquitted of 'the crime, should pay the 
 pence, before he shall be discharged. In costs of the prosecution, a statute was pas- 
 the revision of 1750, persons prosecuted sed in 1811, exonerating from the pay - 
 for any matter of delinquency, were lia- ment of costs, every person acquitted of 
 ble to pay costs, whether found guilty or the crime for which he was prosecutet 1 . 
 not, unless there was no cause for the
 
 Title 20. Crimes and Punishments. 
 
 121 
 
 any person accused of the crime of horse-stealing afore- 
 said, so that the person accused thereof shall be tendered 
 to justice, and shall be convicted, or being bound over 
 for trial, shall forfeit his bond or recognizance, shall re- 
 ceive his costs expended in such prosecution, not ex- 
 ceeding twenty dollars, to be ordered out of the state 
 treasury, by the court before whom such conviction or 
 forfeiture is had. 
 
 SECT. 120. Whenever any crime shall have been 
 committed, by law punishable with death, the governor, 
 upon application of the attorney for the state, in the 
 county wherein such crime shall have been committed, 
 shall be. and hereby is, authorized and empowered to of- 
 fer publicly a reward not exceeding one hundred dol- 
 lars, to the person or persons who shall make discovery, 
 and give information against any other person guilty of 
 such crime, so that he may be tendered to justice, and 
 convicted ; which sum, so offered as a reward, shall ac- 
 cordingly be paid to such informer or informers, from the 
 state treasury, by order of the court before whom such 
 conviction is had. (5) 
 
 Of horse-steal- 
 ing. 
 
 Reward to be 
 offered by gov- 
 ernor, for mak- 
 ing discovery, 
 and giving in- 
 formation 
 against capital 
 offenders. 
 
 (5) Our ancestors did not bring with 
 them the sanguinary criminal code of their 
 native country ; but borrowed their regu- 
 lations from a different source. In the 
 preface to the edition of 1672, they say, 
 "We have endeavored net only to ground 
 our capital laws upon the word of God, 
 but also all our other laws upon the justice 
 atid equity held forth in that word, which 
 is a most perfect rule." Accordingly, pur- 
 suant to that law, a statute was passed, 
 punishing with death, idolatry, witchcraft, 
 blasphemy, murder, bestiality, sodomy, in- 
 cest, rape, man-stealing, perjury with in- 
 tent to take away life, the cursing or 
 smiting of parents by children, and the 
 rebellion of sons against parents. Though 
 these severe laws continued in force for a 
 considerable time, yet the instances are 
 rare in which any of them were executed; 
 and indeed, very few capital punishments 
 were ever inflicted in the state. No in- 
 stance ever occurred, where a person was 
 executed for idolatry, blasphemy, man- 
 stealing, for the cursing or smiting of pa- 
 rents by children, or the rebellion of sons 
 against parents. There were a few con- 
 victions for the crime of witchcraft ; but 
 there is no certain evidence of an execu- 
 tion. But the rigour of this severe code 
 has been, from time to time, greatly mod- 
 erated ; and in the revision of 1750, it 
 underwent a material amelioration : idola- 
 try, witchcraft, man-stealing, the cursing 
 and smiting of parents by children, and 
 rebellion against parents by son?, are 
 
 18 
 
 omitted ; and incest is punished by whip- 
 ping and selling on the gallows. Former- 
 ly, the various crimes, not capital, were 
 punished by branding, cropping, setting 
 in the pillory, whipping, fine and impris- 
 onment. In 1787, the punishment of al- 
 most all crimes by imprisonment in new- 
 gate WHS introduced. In the present code, 
 the object has been to describe and define, 
 as far as practicable, every act for which 
 a man is liable to punishment, though 
 some offences are unavoidably left to be 
 punished at common law ; and to propor- 
 tion the punishment according to the na- 
 ture and grade of the crime, so that every 
 man may know when he violates the law, 
 and what punishment he i,s liable to suf- 
 fer for it. All punishments that fix a las- 
 ting stigma on the person of the offender, 
 except whipping for theit, have been 
 abolished ; but as this shameful punish- 
 ment is peculiarly adapted to the mean- 
 ness of this prevalent crime, it was thought 
 best to retain it. The experience of this 
 state has shewn, not only that mild pun- 
 ishments are better calculated to prevent 
 crimes, than those which are sanguinary ; 
 but that punishments must be attended 
 with considerable severity, to operate as 
 examples to others : and the dread of the 
 caverns of newgate, has produced a much, 
 more powerful and salutary effect, than 
 the humane regulations, adopted in some 
 penitentiaries, for the benevolentpurpo.se 
 of reforming offenders.
 
 122 Title 21. Deaths. Title 22. Disinter ment, 
 
 TITLE 21. Deaths. 
 An Act concerning sudden or untimely Deaths. 
 
 "1T1E it enacted by the Senate and House ofRep- 
 SECT. . [j resentatives in General Assembly convened, 
 Jury of inquest, That when any person shall come to a sudden, untimely, 
 when and how or un natural death ; or be found dead, the manner of 
 summoned. w hose death is not known ; any justice of the peace, or 
 if there be none in the town, any constable of the town, 
 shall forthwith summon a jury of twelve judicious men, 
 who shall be sworn by such officer, to enquire of the cause, 
 and of the manner, of the death of such person, and shall 
 present, on oath, a true verdict thereof, under their 
 hands, to some justice of the peace, who shall return 
 the same to the next superior court in the county : 
 and no fee shall be allowed for any of the services afore- 
 said. 
 
 Penalty on ju- SECT. 2. And if any person, summoned to serve as a 
 ' juror as aforesaid, shall refuse or neglect to appear, and 
 perform that service, he shall forfeit the sum of two dol- 
 lars, to the treasury of the town to which he belongs. 
 
 TITLE 22. Disinterment. 
 
 An Act to prevent the disinterment of the bodies 
 of deceased persons. 
 
 R BE it enacted by the senate and House of Rep- 
 
 SECT J Ir^L 
 
 M.9 resentatives in General Assembly convened, 
 
 Disintenng, re- That if any person or persons shall open the grave of any 
 moving, Sir,, ofj j 1.1 i j- 
 
 deceased per- deceased person, or the tomb where the body or bodies 
 
 sons prohibit- of any deceased person or persons have been deposited, or 
 shall remove the body or bodies or remains of any deceas- 
 ed person or persons from their grave, graves, or place of 
 sepulture, for the purpose of dissection, or any surgical or 
 anatomical experiments, or for any other purpose, with- 
 out the consent of the near relations of the deceased ;or 
 shall in any way aid, assist, or procure the same to be 
 done ; or shall receive, conceal or secrete, any such 
 body or bodies, or shall aid or assist in any surgical or 
 anatomical experiments, or demonstrations therewith, 
 or dissections thereof, knowing said body or bodies to 
 have been so taken or removed from the place or places 
 Punishment by of their sepulture ; every such person so offending shall 
 forfeiture, forfeit and pay a fijie not exceeding two thousand dollars
 
 
 Title 22. Disintermcnt. 123 
 
 nor less than two hundred dollars, and shall be further 
 punished by imprisonment in newgate prison, for a term and imprison- 
 not exceeding ten years, nor less than one year, at the ment - 
 discretion of the court having cognizance thereof. 
 
 SECT. 2. That no professor, teacher, or lecturer in Professors to 
 any college, academy, school, or medical institution shall & lve bod. 
 perform any anatomical or surgical experiments, on the 
 body of any deceased person whatever in any building in 
 which students of such college, academy, school or medi- 
 cal institution, are taught, or instructed in medical sci- 
 ence, until such professor, teacher or lecturer shall have 
 first given bond with sufficient surety to the treasurer of 
 this state, in the sum of one thousand dollars, conditioned. Condition of 
 that no body of any deceased person which shall have bond * 
 been disintered or procured contrary to the provisions 
 of this act, shall be introduced or brought within such 
 building, during the time that he holds the office, or exer- 
 cises the duties of professor, teacher, or lecturer as afore- 
 said in such college, academy, school, or medical institu- 
 tion, or elsewhere in this state. And if any such profes- 
 sor, teacher, or lecturer, or any other person, shall per- 
 
 f . . \ or i Fine f r nonx 
 
 form any anatomical or surgical experiments on the body con formity 
 of any deceased person, in any such building, without 
 said professor, teacher or lecturer having first given bond 
 as aforesaid, he, the said professor, teacher or lecturer 
 shall, being duly convicted before the superior court, 
 forfeit and pay to the treasurer of this state, a fine not ex- 
 ceeding two thousand dollars, nor less than five hundred 
 dollars, at the discretion of the court having cognizance 
 of the offence. 
 
 SECT. 3. That the mayor and two senior aldermen of Mayor, Sic. au- 
 
 any city, and the select-men of any town, in which such thoriz f d tp In ~ 
 s. " i- i .-. j- i sped buildings. 
 
 college, academy, school, or medical institution may be 
 
 located, shall have authority at all times to enter and in- 
 spect every part of such building. 
 
 SECT. 4. That the bodies of criminals, who shall be f^ a 6 \^^ 
 confined in newgate prisonfor crimes hereafter committed, new-gate prison, 
 and shall die in said prison, who have no known relations, to be attbedis- 
 shall, with the approbation of the overseers of said prison, ^^0^ ^ 
 be at the disposal of the professors of anatomy and surge- 
 ry in the meyiical institution in this state, to be used for 
 the purpose of advancing medical science, and shall at all 
 times be subject to their order ; and also the bodies of Also the bodies 
 persons capitally punished under sentence of the law, at ,? f ( j Cfl s ltal f 
 the discretion of the court, before whom the conviction 
 of such persons takes place. 
 
 SECT. 5. That in all cases of the breach of the first Governor to of- 
 sectionof this act, it shall be the duty of the governor or 
 the person exercising the office of Governor, upon appli- act.
 
 Title 23. Divorce. 
 
 cation of the select-men of the town where such offence 
 shall have been committed, to oiler a reward not exceed- 
 ing the sum of two hundred dollars, for the apprehension 
 of any person or persons who shall have been guilty as 
 aforesaid, and in case of the apprehension and conviction 
 of such offender or offenders, the comptroller of public 
 accounts, upon the application of the governor, or the 
 person exercising the office of Governor, shall draw an 
 order on the treasury for the amount of the reward thus 
 offered, who shall pay the same. 
 
 TITLE 23. Divorce. 
 
 An Act authorizing the superior court to grant 
 Divorces. 
 
 SECT. 1. 
 
 Divorces, in 
 what cases to 
 be granted. 
 
 Petition and 
 
 service 
 
 Mode of giving 
 "notice, in cer- 
 tain cases. 
 
 BE it enacted by the Senate and House of Rep- 
 resentatives, in General Assembly convened, 
 That the superior court shall have power to grant divor- 
 ces to any man or woman, lawfully married, for adulte- 
 ry ; fraudulent contract ; wilful desertion for three years, 
 with total neglect of duty, by the other party; or in case 
 of seven years* absence of one party, notheard of.(l) 
 
 SECT. 2. The party aggrieved may prefer a petition to 
 the superior court, which shall be duly served on the 
 other party ; and on due proof of the facts, said court 
 may grant a divorce, and declare the petitioner to be 
 single and unmarried, who may then lawfully marry, or 
 be married, again. 
 
 SECT. 3. In every petition fora divorce, returned to 
 t ^ ie su P er i r court, if it shall not appear, by the return of 
 the officer, or otherwise that the respondent has had 
 actual notice, the court shall continue the cause until 
 the next term, to the intent that actual notice may be 
 given : and when the respondent lives out of the state. 
 
 (1) A statute permitting divorces for 
 the same reason as the present, was pas- 
 sed at an early period ; as it appears in 
 the revision of 1702. At this time, di- 
 vorces were not granted in any Christian 
 country, on such grounds ; and it was gen- 
 .erally understood, that the precept of our 
 Saviour prohibited divorces in all cases, 
 except for the sinp'e cause of adultery, 
 the framersof t, is statute regarded, in 
 the strictest manner, the authority of the 
 sacred scriptures, and would not, on any 
 consideration, have passed a Jaw, which 
 they considered to be repugnant to a di- 
 VI. ie precept, it is evident, that they very 
 properly considered marriage to bt mere- 
 
 ly a civil contract, and that the remark 
 of our Saviour was only intended to con 
 demn the practice of the Jews in permit 
 ting divorces at the pleasure of the hus- 
 band ; and not to prohibit a legislature, 
 from making such laws as the interest of 
 society required, relating to the subject of 
 marriage and divorce. That this statute 
 is not repugnant to the law of God, or 
 the best interest of the community, is 
 evident, from the consideration, that there 
 is in no country more conjugal purity and 
 felicity than in this, and no where has the 
 Christian religion a greater influence and 
 ascendency.
 
 
 Title 24. Dogs. 125 
 
 and actual notice can be given, it shall be lawful for 
 any judge of the superior court, in vacation, to prescribe 
 the mode in which the same shall be given : and such 
 notice having been given accordingly, at least six weeks 
 before the sitting of the court, to which the petition is 
 returnable, such court, on due proof thereof, may, if they 
 judge it proper, proceed to a trial of the cause, at the 
 first term. If the respondent be absent out of the state, 
 and cannot be served with actual notice, without great 
 expense, the pendency of sueh petition shall be pub- ? 
 lished in two or more newspapers in this state, immedi- 
 ately after the rising of such court, six weeks successively. 
 And if the petitioner shall have removed from any other 
 state or nation, to this state, and shall not have statedly 
 resided in this state, three years next before the date of 
 said petition, he or she shall take nothing by the petition, 
 unless the cause of divorce shall have arisen subsequent 
 to his or her removal into this state. And in every case, 
 where the petitioner coming to reside in this state, shall 
 have left his or her consort in any other state or nation, 
 actual notice of the pendency of such petition, shall be 
 given to the respondent, by the reading of the petition in 
 his or her hearing, which shall be proved by the oath of 
 the person reading the same, administered by proper au- 
 thority. And if the respondent, so notified, shall not 
 appear in the cause, at the term to which the petition is 
 returnable, the court shall continue the petition to the 
 next term. 
 
 SECT. 4. The superior court shall have power to as- Alimony 
 sign to any woman, so divorced, such reasonable part of 
 the estate of her late husband, as in their discretion, the 
 circumstances of the estate will admit, not exceeding 
 one third part thereof. 
 
 TITLE 24. Dogs. 
 An Act for preventing mischief by Dogs. 
 
 |4E it enacted by the Senate and House ofRep- 
 
 resentatives in General Assembly convened, 
 
 That any two justices of the peace, in any town, may Tw justices 
 make all necessary rules, orders and regulations, when- ^ ay e m ^ e k a e ce 
 ever they shall judge the inhabitants of the state, or their rules, Sic. rela- 
 property, shall be in danger, for the confining, restraining, tin S to d S s J 
 killing, or destroying of dogs, belonging to, or found in 
 their respective towns, as they shall judge reasonable, for 
 the effectual security of such inhabitants, or their pro- 
 perty ; and such rules, orders, or regulations, shall be
 
 126 
 
 to be publish- 
 ed; 
 
 and obeyed. 
 
 Penalty. 
 
 What dogs 
 may be killed. 
 
 Proviso. 
 
 Dogs to wear 
 collars, or may 
 be killed. 
 
 Owners of 
 dogs to pay 
 damages done 
 by them. 
 
 Title 25. Dower. 
 
 published, and a notification of the same set up in wri- 
 ting, in three of the most public places in such town, 
 wherein the same shall be made, and not less than one, 
 in each school society therein. And when such rules, 
 orders, or regulations shall be so made and published, all 
 persons shall conform thereto ; and if any person shall 
 violate, or offend against, any of such rules, orders, or 
 regulations, he shall forfeit and pay the sum of seven dol- 
 lars, one half to him who shall sue for and prosecute the 
 same to effect, and the other half to the treasury of the 
 town, in which such offence shall be committed ; and all 
 dogs which shall not be confined and restrained agreea- 
 bly to such rules and orders, so made and published, may 
 be killed, by any person whosoever. But nothing in this 
 act shall be construed to prevent any person from killing 
 any dog found mad, or justly suspected to be mad. or that 
 shall be found doing mischief, or attempting to do the 
 same, when alone, out of the possession of his owner, 
 and distant from the care and control of any person, hav- 
 ing the charge of such dog. 
 
 SECT. 2. Every dog permitted to go at large, shall 
 wear a collar, with the name of the owner of such dog, 
 and the place of the residence of such owner, at large 
 and legible thereon ; and if any dog shall be found at 
 large, with, or without, the permission of his owner, not 
 wearing such collar, such dog may be killed. 
 
 SECT. 3. Whenever any dog shall do any damage, 
 either to the body, or property of any person, the owner 
 or keeper, or the parent, guardian, or master of any 
 such owner or keeper, as may be a minor, or servant, 
 shall pay such damages, as any person may have sustain- 
 ed by such dog. 
 
 TITLE 25. Dower. 
 
 Who shall be 
 entitled to 
 dower. 
 
 An Act providing Dower for Widows. 
 
 SECT. 1. 
 
 BE it enacted by the Senate and House of Rep - 
 resentatives^in General Assembly convened, 
 That every married woman, living with her husband, at 
 the time of his death ; or absent from him, by his consent, 
 or by his default, or by inevitable accident ; or in case of 
 divorce, where she is the innocent party, and no part of 
 the estate of her husband was assigned to her, for her 
 support ; shall have right of dower in one third part 
 of the real estate, of which her husband died posses* 
 ed, in his own right, to be to her during her natural life ;
 
 Title 25. Dower. 127 
 
 unless a suitable provision was made for her support, be- 
 fore the marriage, by way of jointure. (1) 
 
 SECT. 2. It shall be the duty of the heirs, or persons How to be act 
 entitled to said estate, within sixty days after the death out ' 
 of the husband, to apply to the court of probate, in the 
 district where the will of the deceased was proved, or 
 administration on his estate granted, to have dower as- 
 signed to the widow ; and such court shall appoint three 
 sufficient freeholders of the county, who, on being duly 
 sworn, shall set out to the widow her dower or thirds, in 
 the estate of her deceased husband ; and in case the heirs, 
 or persons entitled to the estate, shall neglect to have 
 dower assigned as aforesaid, then, on complaint of the 
 widow, to such court of probate, said court shall appoint 
 three sufficient freeholders of the county, who, on being 
 duly sworn, shall set out and assign to such widow, her 
 dower or thirds in the real estate of her deceased hus- 
 band ; and in either case, the return of the doings of such 
 freeholders to the court of probate, and by said court ac- 
 cepted, shall ascertain and establish such dower ; and all 
 persons concerned shall be concluded thereby. 
 
 SECT. 3. Every widow shall maintain and keep in re- Tenant in 
 pair, the houses, buildings, fences and lands assigned and estate In re ^ P 
 set out to her, for her dower, and shall leave the same in pair. 
 good and sufficient repair ; and on her neglect, the heirs 
 or persons entitled to the land, on her decease, may make 
 complaint and application to the county court where the 
 lands lie ; who shall order so much of the houses and lands 
 to be delivered to the next heir or person owning the 
 same, for so long a term as, in their judgment, shall be 
 sufficient, out of the rents and profits, to repair such de- 
 fects ; unless said widow will give good security that she 
 will leave such houses, buildings and fences in sufficient 
 repair. 
 
 SECT. 4. When any testator, by his last will and testa- Widow must 
 ment, shall devise or bequeath any estate, real or person- g' v e notice of 
 al, or any pecuniary legacy to his widow, in lieu of dower, ce^Vovision 
 she shall, within two months next after the time limited i n a will, 
 by the court of probate for the exhibition of claims against 
 such estate, give notice, in writing, to the court of pro- 
 bate before which such will may be proved and approv- 
 ed, that she declines to accept such legacy or devise ; 
 and if she fail to give such notice, she shall be barred of 
 
 (1) This provision of dower for widows upon that free transfer of property, which 
 
 was adopted as early as the revision of the interest of the community requires, it 
 
 1672. The common law gives the wife was a valuable improvement of the law 
 
 one third of the real estate, of which the to confine the dower of the widow to the 
 
 kusband was seised during the coverture, lands of which the husband died possessed 
 But a? such a Hen, may often be a restraint
 
 128 
 
 Jointure. 
 
 Title 26. Duties. 
 
 her dower, and such devise or legacy, shall be assigned 
 to her in leiu thereof. 
 
 SECT. 5. If any woman, prior to, and in contemplation 
 of marriage, shall, on an agreement with her intended 
 husband, or other person, receive an estate, either real 
 or personal, to take effect after the death of her husband, 
 byway of jointure, as a provision for her support during 
 life, and expressed to be in full satisfaction and discharge 
 of all claim for dower, such estate shall be valid, and a 
 bar to dower in the estate of her husband : Provided, 
 however, if the title to the estate, settled on the wife as 
 her jointure, shall fail, she shall then be entitled to dow- 
 er in the estate of her husband ; or if the title should fail 
 to any part of it, then the deficiency shall be made up 
 out of her husband's estate, if it shall not exceed one 
 third of the value thereof. 
 
 TITLE 26. Duties. 
 
 An Act providing for the laying and collecting 
 of Duties in certain cases therein mentioned. 
 
 SECT. 1. 
 
 Duties laid on 
 writs, &.c. in 
 county and 
 city courts ; 
 
 superior court ; 
 
 court of errors ; 
 
 general assem- 
 bly; 
 
 on appeals 
 from justice, 
 mayor, Sic. 
 
 from county 
 or city court , 
 
 on continuan- 
 ces in county, 
 city, and su- 
 perior courts. 
 
 Qn licenses to 
 retailers of 
 Jiquors. 
 
 BE it enacted by the Senate and House of Rep' 
 resentatives in General Assembly convened, 
 That there be laid and paid the following duties, to wit : 
 on all writs or petitions, returnable for trial before any 
 county court or city court, thirty-four cents, to be paid 
 to the authority who shall sign the same, at the time of 
 signing ; on all writs or petitions returnable for trial be- 
 fore the superior court, one dollar, payable as aforesaid ; 
 on all writs or petitions, returnable for trial before the 
 supreme court of errors, two dollars, payable as afore- 
 said ; on all petitions, of an adversary nature, returna- 
 ble to the general assembly, two dollars, payable to the 
 authority signing the citation, who shall certify the same 
 thereon ; on all appeals from the judgment of a justice of 
 the peace, or mayor, or alderman, fifty cents, payable to 
 such justice, mayor, or alderman, at the time of granting 
 said appeal ; on all appeals from a judgment of a county 
 c ourt, or city court, one dollar ; and on all continuances 
 in the oounty courts, or city courts, thirteen cents, and in 
 the superior court, twenty-five cents, payable to the 
 clerks of such courts, respectively, at the time of granting 
 the same. 
 
 SECT. 2. On every license granted to a retailer of spir- 
 itous liquors, there shall be paid by him, to the clerk of 
 the board of civil authority, of any town, granting I'lv
 
 Title 26. Duties. 
 
 same, in conformity to the " act to regulate the selling of 
 spiritous liquors," a sum at the rate of five dollars per 
 annum, to be computed from the date of said license, to 
 the second Monday of January then next. 
 
 SECT. 3. There shall be levied, collected and paid, On sales atauc- 
 upon all sales, by way of auction, of goods, wares, or mer- tion, 
 chandize, of foreign growth, produce, or manufacture, 
 two per cent of the purchase money arising by sale at 
 auction, of such goods, wares, or merchandize, to be paid 
 by the auctioneer, or person making such sales at auc- 
 tion, out of the monies arising from each and every such 
 sale, to the clerk of the civil authority of the town in 
 "which such sales are made, and by whom a license there- 
 for shall be granted, in conformity to the " act imposing 
 a duty on sales at auction in certain cases." 
 
 SECT. 4. All persons authorised, by law, to receive ^ ec . eive ^ s 
 duties, shall, annually, in the month of May, and before C ou'nt with tht- 
 or on the tenth day of said month, render an account of treasurer. 
 all duties by them received as aforesaid, (except the du- 
 ties on appeals and continuances, received by the clerks 
 of the county courts.) and pay over the same to the treas- 
 urer of the state ; and the persons rendering an account, 
 of duties received by them, on civil process, as aforesaid, 
 shall specify the number of writs, or petitions, and the 
 number of appeals on which the same shall have been 
 received ; and the clerks of the civil authority shall 
 return to the said treasurer the number of licenses for 
 retailing spiritous liquors, on which they, respectively, 
 shall have received a duty, and the amounnt of duty re- 
 ceived on each license ; and also, the amount of duties 
 received by them, respectively, on sales at auction, from 
 whom received, and how much from each person. And j{, e ; P comm^ 
 each person, so accounting with the treasurer, shall be sion. 
 entitled to a drawback of five per cent, on all duties or 
 monies, by him so accounted for, and paid as aforesaid, 
 as a compensation for his trouble in receiving and pay- 
 ing over the same. 
 
 SECT. 5. It shall be the duty of every sheriff, deputy- Return of writa, 
 sheriff, constable, or indifferent person, who shall serve 
 a writ or process, on which a duty shall be certified, to 
 return the same to the clerk of the court to which the 
 same is made returnable, forty-eight hours, at least, be- 
 fore the commencement of the session of such court. And 
 if any such writ or process shall not be so returned, 
 within the time aforesaid, the person who served the 
 same shall not be entitled to any fees for such service ; 
 but the court to which the same is returnable, may, at .J 
 
 their discretion, order the same to be entered in the docket 
 pfsaid court,any time during the three first days of the, term. 
 
 19 
 
 * .'
 
 Title 26. Duties. 
 
 And if the suit shall be settled, before such writ is return- 
 ed, the officer shall, if he knows the fact, state the same, 
 on some part of the process ; and the suits so stated to 
 be settled, shall not be entered in the docket of said 
 Clerks of courts court. And the clerks of the city, county, and superior 
 to return to the cour t s? shall return to the comptroller, on or before the 
 numberof^rUs tenth day of May, in each year, the whole number of 
 returned to the writs or petitions, on which a duty is certified, that shall, 
 courts. m anv preceding year, have been served and returned to 
 
 their respective offices, together with the names of the 
 authority by whom signed, and the number signed by 
 each of said authority. 
 
 Treasurer to SECT. 6. The treasurer shall, on or before the twenty- 
 make return to fifth day of May, annually, make a return to the general 
 I* 16 ifi\r" era * ^ assem bly of all said accounts rendered to him, and the 
 names of such of the civil authority as shall have neglect- 
 ed to render their accounts to him as aforesaid ; and also, 
 the names of the towns from which no returns shall have 
 been made to him of duties on licenses to retailers, and 
 on sales at auction. 
 
 Officers not ac- SECT. 7. If any of the aforesaid officers shall fail of 
 counting, inca- rendering his accounts agreeably to this act, and of ma- 
 Fng'their office ^ m S payment of the sums that shall thereby appear due, 
 for one year, on or before the tenth day of May, annually, every such 
 officer, so in default, shall be incapable of holding, or ex- 
 ercising, the office by means whereof he became a re- 
 ceiver of such duties, for and during the term of one 
 year, from and after his making default of payment as 
 aforesaid. 
 Treasurer to SECT. 8. When any such officer shall be removed, by 
 
 call upon offi- death or otherwise, or shall be omitted in any appoint- 
 
 cer removed, /!. ^ i_ j i_- 
 
 or his adminis- ment , on account of his not having rendered his account, 
 
 trator, to ac- and made payment of duties as aforesaid, it shall be the 
 duty of the treasurer to call such officer, or his exe- 
 cutors or administrators, to account for such duties as 
 may be or remain in their hands, or may have been in 
 the hands of such deceased, at the time of his death 5 and 
 the cost, if any, that shall arise by means thereof, shall be 
 paid by the person, or the executor or administrator, 
 who shall have neglected to make such return of pay- 
 ment. 
 
 fonTTainst"" SECT ' 9 * ^ anv clerk of the superior, county or city 
 
 negligent courts, shall neglect to comply with the requirements of 
 
 clerks. this act, it shall be the duty of the treasurer, forthwith, 
 
 to certify the same to the presiding judge of the court, to 
 
 which such clerk belongs. 
 
 Si<J W uaies s the S ? CT * 10 ' No writ ' ora PP eal taken, on which a duty 
 duty isceVtlaed is lai . d as aforesaid, shall be valid in law, unless the au- 
 thereon. thority signing such writ, or certifying the copies in such
 
 Title 27. Election. 131 
 
 appeal, shall certify thereon, in words at full length, that 
 the duty thereon is paid, and the amount thereof. 
 
 SECT. 11. No officer, who, by this act, is made a re- No officer to 
 ceiver of said duties, after he shall have signed and deliv- refund duties 
 ered out of his hands, any writ or other process, whereon 
 a duty is payable, shall ever, on any pretext, or under any 
 circumstances whatever, return or discount the duties, 
 required by law, to be paid thereon. 
 
 SECT. 12. No writ or process on which a duty is pay- N wr 't to be 
 able, that has once been completed against any person, once ed c ' a ^ le [ et 
 shall afterwards be altered into a writ against any 'other e d. 
 person, without a further certificate of the duty having 
 been again paid thereon ; and the court before whom 
 such writ shall be returned, wherein any such erasure or 
 alteration shall appear, shah, ex officio, abate and dismiss 
 the same, and shall tax costs in favor of the defendant 
 therein. 
 
 SECT. 1 3. All monies, which may be received, by the Appropriation, 
 clerks of the several county courts, for duties on appeals 
 and continuances, shall by them be paid over to the coun- 
 ty treasurer, of the county in which they shall be receiv- 
 ed, to defray the ordinary expenses of the several coun- 
 ties ; and all other monies that shall be collected from 
 duties as aforesaid, shall be, and they arehereb) pledged 
 and appropriated for the sole use of supporting the civil 
 government of the state. 
 
 TITLE 27. Election. 
 CHAP. I. 
 
 An Act regulating the election of Governor, Lieu- 
 tenant-Governor, Senators, members of the 
 House of Representatives, Treasurer, and 
 Secretary. 
 
 1 lE it enacted by the Senate and Hou-se of Rep- 
 B B resentatives in General Assembly convened, 
 
 That the constables of the several towns in the state, Time and place 
 shall warn the electors of their respective towns to meet of electors' 
 on the first Monday of April, in each year, at the usual n 
 place of holding elections in each town, at nine o'clock warning," how 
 in the morning of said day; which warning shall be given given, 
 at least five days previous to said meetings, b'y posting 
 notice thereof on the sign-posts in such towns respective- 
 ly, and in such other places as they deem necessary: and 
 every town is-authorised, at a meeting, when special no-
 
 132 Title 27. Election. 
 
 tice has been given for that purpose, to designate the 
 place of holding electors' meetings. 
 
 Presiding offi- SECT. 2. The town-clerk and select-men in the several 
 cer, how desig- t own g 5 are hereby authorized, if they deem it expedient^ 
 to designate the person who shall preside at such meet- 
 ings of the electors ; but in case no presiding officer is 
 designated by the town-clerk and select-men, the elect- 
 ors shall choose the presiding officer ; in which choice 
 the town-clerk, if present, and in his absence, the oldest 
 select-man present, shall preside. 
 
 Representa- SECT. 3. The electors present at any such meeting, 
 
 il ? es l be shall first proceed to choose the representative, or repre- 
 sentatives, to which such town is entitled in the general 
 assembly next ensuing said election. 
 
 Then, ballots to SECT. 4. At such meetings of the electors, immedi- 
 senators '" ately after the choice of representatives, the electors shall 
 be called upon, by the presiding officer, to bring in their 
 ballots for senators in the general assembly of this state, 
 Mode of ballot, next ensuing said election; and each electorpresent, may 
 in g thereupon deliver his vote or sufferage, for a number of 
 
 persons, not exceeding twelve, whom he would choose 
 senators, with the names written on one piece of paper. 
 After the votes for senators are given in, the presiding 
 officer shall call upon the electors to bring in their votes 
 for the persons they would choose governor, lieutenant- 
 governor ^ieu- g v e rnor > treasurer, and secretary of the state, for the 
 tenant-govern- year ensuing said election, in the order above named ; 
 or, treasurer, the presiding officer, assisted by the town-clerk and select- 
 ary ' men, shall count the votes, and declare them in the pub- 
 lic meeting of the electors ; and shall also make dupli- 
 Duplicate lists ca t e \[ s ^ s o f fa e votes for senators, governor, lieutenant- 
 of votes to be j r > p 
 
 made. governor, treasurer, and secretary ; one oi each oi such 
 
 lists of votes shall be sealed up, by the presidingofficer, di- 
 rected to the secretary of this state, and returned to the 
 votes, how to secretary or to the sheriff of the county in which the town 
 be made. is situate, within ten days after such meeting, and the other 
 
 within three days after such meeting, shall be delivered 
 to the town-clerk : each sheriff receiving said votes 
 shall, within fifteen days after said meeting, return the 
 same, or cause them to be -returned, to the secretary of 
 this state. The votes for lieutenant-govenjor, shall be 
 counted by the same persons appointed to count the votes 
 A fair list of for governor ; and a fair list of the votes for lieutenant- 
 votes to be governor, treasurer and secretary, shall be made, by the 
 made and laid _ .LL i * j .,.,1 * 
 
 before general Persons authorized to receive and count the same, and 
 
 "assembly. laid before the general assembly, on the first day of their 
 session, who shall declare the persons elected to said 
 offices respectively. And it shall be the duty of the se- 
 cretary, to give notice by mail, to. all persons chosen
 
 Title 27. Election, 133 
 
 senators, of their election, immediately after their elec- 
 tion is ascertained and declared. The votes for senators, Votes for sena> 
 lieutenant-governor, treasurer and secretary, shall be counted 11! be 
 counted within the month of April, in each year ; and April, 
 the original returns of all votes, made by the presiding 
 officer, shall be submitted to the general assembly, on 
 the first day of their session. 
 
 SECT. 5. In the election of lieutenant-governor, treas- Jp election <ff 
 urer and secretary, a majority of the votes given shall be c ' r e n U or"rea=urer 
 necessary to constitute a choice ; and if no person has a and secretary, 
 majority of votes given for either of said officers, the a majority of 
 general assembly shall proceed to fill the vacancy. ei 
 
 SECT. 6. In case the office of treasurer, secretary, or Vacancy in of- 
 comptroller, become vacant, by death or resignation, the fice of t rei sur- 
 governor shall fill the vacancy, unless the same occurs * n 'd ^onuitrolV 
 during the session of the general assembly, in which case, er, how to be 
 they shall appoint a successor. filled - 
 
 SECT. 7. The presiding officers in the meeting of the Presiding offi- 
 electors, in the respective towns of this state, shall make certificates of 
 out the certificates of the votes and proceedings of the votes, 
 electors, according to the forms hereafter prescribed ; 
 that is to say, of the votes for senators in the general as- 
 sembly, as follows, to wit : 
 
 At a meeting of the electors in the town of le- Form or certifi- 
 
 gally warned and held, on the first Monday of April, 
 
 A. D. the following persons received the number of 
 
 votes annexed to their names respectively, for senators in 
 the next general assembly of this state, to wit : 
 
 Names. 
 
 Number of votes, in words 
 at full length. 
 
 Duplicate list of votes for senators. 
 
 Certified by A. B. presiding officer. 
 Of the votes for governor, as follows, to wit : At a For governor 
 
 meeting of the electors in the town of legally 
 
 warned and held, on the first Monday of April, A. D. 
 
 the following persons received the number of votes 
 
 annexed to their names respectively, for governor of this 
 state, to wit : 
 
 Names. 
 
 Number of votes, in words 
 at full length. 
 
 Duplicate list of votes for governor. 
 
 Certified by A. B. presiding officer.
 
 134 
 
 Title 27. Election. 
 
 For Hentenant- Of the votes for lieutenant-governor as follows, to wit : 
 3r ' ' At a meeting of the electors in the town of le- 
 gally warned and held, on the first Monday of April, A. D. 
 
 the following persons received the number of votes, 
 
 annexed to their names respectively, for lieutenant-gov J 
 ernor of this state, to wit : 
 
 Names. Number of votes, in words 
 
 at full length. 
 
 Duplicate list of votes for lieutenant-governor. 
 
 Certified by A. B. presiding officer. 
 
 For treasurer. Of the votes for treasurer, as follows, to wit : At a 
 
 legally 
 
 meeting of the electors in the town of 
 
 warned and held, on the first Monday of April, A~. D. 
 
 the following persons received the number of votes 
 
 annexed to their names respectively, for treasurer of this 
 state, to wit : 
 
 Names. 
 
 Number of votes, in words 
 at full length. 
 
 Duplicate list of votes for treasurer. 
 
 Certified by A. B. presiding officer. 
 
 For secretary. Of the votes for secretary, as follows, to wit: At a meet- 
 ing of the electors in the town of legally warn- 
 ed and held, on the first Monday of April, A. D. 
 
 the following persons received the number of votes an- 
 nexed to their names respectively, for secretary of this 
 state, to wit : 
 
 Names. 
 
 Number of votes, in words 
 at full length. 
 
 Duplicate list of votes for secretary. 
 
 Certified by A. B. presiding officer. 
 
 Number of SECT. 8. The presiding officers, in making out said 
 
 BerteVin wolds certined lists > sna11 insert the number of votes for each 
 at full length, person voted for, in words at full length. 
 
 Form of 
 
 super SECT. 9. The superscription on each of said certified 
 . ^ listSj to be returned to t he secretary of this state, shall be 
 as follows, to wit s
 
 Title 27. Election. 135 
 
 To the secretary of this state. 
 
 Votes of the electors in the town of for 
 
 (here insert the office,) taken and sealed up by 
 
 A. B. presiding officer. Secretary to 
 
 SECT. 10. The secretary of this state, for the time he- distribute blank 
 ing, shall annually transmit blank forms for the return of 
 votes to the town clerks of the various towns in this state, 
 for the use of said towns. duT^vothT "*" 
 
 SECT. 11. If any person, who is not an elector, duly uyv 
 admitted and sworn, shall give in a vote, in the election 
 of any of the members of the general assembly, or if any 
 elector shall put in more than one vote for one person, at 
 the same time, to one office ; or shall put in more than 
 one vote, at one and the same balloting, for a representa- 
 tive to the general assembly ; he shall pay a fine of sev- 
 enteen dollars, to the treasury of the state. Undue influ- 
 
 SEI;T. 12. If any person shall endeavor, unduly, to per- 6 $ f 
 suade or influence an elector, in giving his vote or suf- 
 frage, for any member of the legislature, or for any per- 
 son to be elected to an office, at an elector's meeting, by 
 offering him a written vote or votes, for that purpose, Penalty.' 
 without being first thereto requested, he shall forfeit seven 
 dollars, to the treasury of the town. Bribery at elec- 
 
 SECT. 13. No person shall offer, accept or receive any tlons P unished - 
 money, or other thing, by way of gift, fee or reward, for 
 giving, or refusing to give, a vote or suffrage for electing 
 members of the general assembly, or any officer chosen 
 at an elector's meeting ; nor promise, procure, or in any 
 way, confer any gratuity, reward, or preferment, for any 
 vote given, or to be given, in any election ; and every Penalty, 
 person, so offending, shall forfeit the sum of seventeen 
 dollars, one half to him who shall prosecute to effect, and 
 the other half to the treasury of the town where the of- 
 fence is committed : and every person who shall be con- Second of- 
 victed a second time, of the like offence, shall be disfran- 
 chised. Elections, ob- 
 
 SECT. 14. Every person, elected by means of any ille- g 
 gal practice, as aforesaid, shall be incapable of holding a void, 
 seat in the general assembly, unless he can shew, to the 
 satisfaction of the general assembly, that he was not, di- What act3 slial j 
 rectly, or indirectly, concerned in it. And if any person, amount to unr 
 who is elected a representative of any town, shall, by due iafluecce. 
 himself, or any other person, offer or distribute, gratuit- 
 ously, among the electors, any spiritous liquors, on the 
 day of their meeting for the choice of representatives, 
 either before or after he shall be chosen ; or shall, on any 
 previous day, entertain the electors, in like manner, with 
 the evident intent to procure the votes of said electors ; 
 he shall be considered as guilty of undue influence, and
 
 136 Title 27. Election. 
 
 illegal practice, within the meaning of this act, and forfeit 
 his seat in the house of representatives. 
 
 Disturbance SECT. 15. If any person or persons shall, in any elec- 
 
 tor's meeting, by noise, tumult, quarrelling, or by any un- 
 lawful act, disturb such meeting ; or shall vilify or abuse 
 the presiding officer, or interrupt him in the discharge of 
 his duty ; or, after he has commanded silence, shall 
 speak, to the disturbance of the business of such meeting; 
 every person, so offending, shall pay a fine not less than 
 
 Penalty. one dollar, nor exceeding seven dollars, to the treasury 
 
 of the town, according to the nature of the offence, to be 
 heard and determined by a justice of the peace ; and if 
 such offence be aggravated, by any high-handed violence, 
 or breach of the peace, such justice of the peace shall 
 
 Binding over. fc m( i the offender or offenders, to the next county court, 
 to answer for such offence ; which court may impose a 
 
 Fine. fine, according to the aggravation of the offence, not ex- 
 
 ceeding thirty-four dollars, to the treasury of the county. 
 
 Duty of inform- And it shall be the duty of all informing officers, to en- 
 quire after, and make due presentment of all breaches of 
 this act. 
 
 Mode of voting. SECT. 16. The select-men of the several towns shall 
 procure, for the use of the electors, at their meetings, a 
 ballot-box, with an aperture in the lid thereof, for the 
 purpose of receiving the votes of the electors, in all ca- 
 ses in which they are required by law to give in their 
 ballots ; which box the presiding officer, at any electors 7 
 meeting, when it shall be needed, shajl place before him. 
 in a situation convenient for the electors to have access 
 to : and whenever the electors shall be called upon to 
 give in their votes, for any officer or officers, with his or 
 their names fairly written, they shall, under the direction 
 of the presiding officer, proceed, in regular succession, 
 and shall lay their ballots, successively, on the lid of said 
 box ; and the presiding officer, being satisfied that the 
 ballots given in, are single, shall put them into the box 
 through said aperture ; and the votes so taken, shall be 
 disposed of as the case may require, and as the law di- 
 rects. 
 
 Civil authority SECT. 17. It shall be the duty of the civil authority, 
 
 \o assist presid- presen t i n any electors' meeting, to assist the presiding of- 
 
 inc olnctr . 
 
 ficerin the business of the meeting, in the receiving, en- 
 tering, and disposing of the votes, and making out the 
 proper certificates, according to law.
 
 Title 27. Election. 137 
 
 CHAP. II. 
 
 An Act regulating the election of Senators and 
 Representatives, for this State, in the Congress 
 of the. United States. 
 
 1 T3 E it enacted by the Senate and House of Rep- 
 fj resentatives in General Assembly convened, 
 That whenever any vacancy shall happen in the repre- Vacancy in 
 
 sentation of this state, in the senate of the United States, f e " a 'f f " B i- 
 1,1 , f ., ~ . ,, 7 (ed States, now 
 
 by the expiration of the term of service of a senator or fined. 
 
 by resignation or otherwise, the general assembly, if then 
 in session, shall, by a concurrent vote of the. senate and 
 house of representatives, proceed to fill said vacancy, by 
 a new election ; and in case such vacancy shall happen Vacancy dur- 
 in the recess of the general assembly, the governor shall K]f e |j ecess ' how 
 appoint some person to fill the same, until the then next 
 ^ meeting of the general assembly. 
 
 SECT. 2. The electors of the several towns in this state, Election of reji- 
 at the meetings of the electors, on the first Monday in n e !J ves in 
 April, of every second year after the year of our Lord, 
 one thousand eight hundred and twenty-one, immediately 
 after giving in their votes for secretary, shall be called 
 upon, by the presiding officer, to bring in their ballots 
 for six persons, to represent this state, in the congress 
 of the United States ; and each elector present, may 
 thereupon deliver his vote or suffrage to the presiding 
 officer, for a number of persons, not exceeding six, 
 whom he would choose to represent this state, in the con- 
 gress of the United States, with the names fairly written 
 on one piece of paper : the presiding officer, assisted by 
 the town-clerk and select-men, shall count the votes, and 
 declare them in the public meetings of the electors : he 
 shall- also make out, and certify, duplicate lists of the ^ ists f votes-, 
 persons voted for, and of the number of votes given for 
 each person ; one of which lists shall be delivered to the 
 town-clerk, of the town in which such votes shall be given, 
 within three days after said meetings ; and the other 
 shall be delivered, within ten days after said meetings, 
 under seal, either to the secretary, or to the sheriff of the 
 county in which said town is situate, which list sJiall be 
 directed to the secretary, with a superscription expres- 
 sing the purport of the contents thereof. And each 
 sheriff who shall receive such votes, shall, within fifteen 
 days after said meetings, deliver them, or gause them to 
 be delivered, to the secretary. 
 
 20
 
 138 
 
 Title 27. Election. 
 
 Canvass of 
 votes. 
 
 Report to the 
 eneral assem- 
 
 Vacancy how 
 filled. ' 
 
 Wit of elec- 
 ion. 
 
 Meeting of the 
 electors. 
 
 Presiding offi- 
 cer. 
 
 His duty. 
 
 Canvass of 
 votes. 
 
 SECT. 3. The treasurer, secretary and comptroller tor 
 the time being, shall canvass publicly, within the month of 
 April, 1821, and once in two years thereafter, the votes 
 returned to the secretary, as aforesaid : the six per- 
 sons having the greatest numbers of votes for representa- 
 tives in the congress of the United States, shall be de- 
 clared to be elected. The original returns of votes, and 
 the result of the canvass, shall be submitted to the gener- 
 al assembly, on the eighth day of their session, then next 
 following. 
 
 SECT. 4. When any vacancy shall happen in the rep- 
 resentation of the people of this state, in the congress of 
 the United States, the person administering the office of 
 governor shall make out writs of election, under his hand, 
 directed to either constable of the respective towns in 
 this state, ordering a choice to fill such vacancy, and cause 
 them to be conveyed to the sheriffs of the respective 
 counties, who shall forthwith transmit said writs of elec- 
 tion to the constables of the respective towns, according 
 to their several directions; and the constables aforesaid, 
 on receiving the same, shall warn a meeting of the elec- 
 tors, on the day directed in said writs, which day shall be 
 the same throughout this state. And the electors having 
 assembled, pursuant to said warnings, a presiding officer 
 of each meeting shall be designated, in the same manner 
 as is by law provided for the appointment of presiding 
 officers of the annual meetings of the electors in April^ 
 And each elector present at such meetings, may give in 
 his vote for one or more person or persons, as may be 
 required to fill such vacancy, his or their name or names 
 being fairly written on one piece of paper ; and the presi- 
 ding officer shall receive such votes, and with the assist- 
 ance of the town-clerk and select-men, count and declare 
 the same to the public meetings of the electors ; he shall 
 also make out and certify duplicate lists of the persons 
 voted for, and one of the number of votes given for each, 
 One of each lists shall, within three days after said meet- 
 ings, be delivered to the town-clerk of the town in which 
 such votes shall be given, and the other shall be certified, 
 sealed up and directed to the secretary, and shall, by the 
 presiding officer, be returned to the sheriff of the county 
 in which such votes shall be given, or to the secretary, in 
 the same way and manner, and within the same time, as is 
 provided for the return of duplicate lists of votes, by the 
 second section of this act. 
 
 SECT. 5. The treasurer, secretary and comptroller, 
 shall within thirty days after the meetings last aforesaid, 
 count and declare the votes so given and returned as 
 aforesaid, in the same way as is provided for counting and
 
 Title 27. Election. 139 
 
 declaring the votes given for persons to represent this 
 state in the congress of the United States, by the third 
 section of this act; and the person or persons (as may 
 be required to fill said vacancy) who shall have the great- 
 est number of votes, shall bedeclared to be duly elected. 
 The original return of the votes given and returned as 
 aforesaid, and the canvass, shall, within ten days after 
 such result is known, be, by the secretary, submitted to 
 the governor. 
 
 SECT. 6. It shall be the duty of the secretary to give N . olice to be 
 ,. ,, , J given to per- 
 
 notice to all persons, chosen senators and representa- g 0ns c bosen. 
 
 tives, for this state, in the congress of the United States, 
 
 in either manner aforesaid, within ten days after their 
 
 election is legally ascertained and declared ; and unless Persons notifi- 
 
 the persons so notified by the secretary, shall signify *l d >. to S| g" lf y 
 
 their acceptance or refusal in writing, to the governor, ance or re f u sal 
 
 within twenty days after receiving notice of such choice, within 20 days. 
 
 they shall be considered as refusing the same. 
 
 SECT. 7. The presiding officers in the meetings of the ^ ert j ficates f 
 electors in the respective towns, shall make out the cer- 
 tificates of the votes and proceedings of the electors, 
 in the election of persons to represent this state in the 
 congress of the United States, according to the forms 
 hereafter prescribed, to wit : 
 
 At a meeting of the electors in the town of Form for rep 
 
 ^i f A -nx i f i -i resentatives 10. 
 legally warned and held, on the first Monday of April, congress. 
 
 A. D. the following persons received the number of 
 
 votes annexed to their names respectively, for represen- 
 tatives of the people of this state, in the congress of the 
 United States, to wit : 
 
 Names. 
 
 Number of votes in words 
 at full length. 
 
 Duplicate list of votes for representatives, in the con- 
 gress of the United States. 
 
 Certified by A. B. presiding officer. 
 
 And of the votes for a representative or representa- In case of \vr. 
 tives in congress, pursuant to a special writ of election. ofe!ectlon 
 issued by the governor, as follows, to wit : 
 
 At a meeting of the electors in the town of 
 
 legally warned and held, pursuant to a special writ of 
 
 election, on the day of A. D. 
 
 the following persons received the number of votes an- 
 nexed to their names respectively, to be a representative
 
 MO Title 28. Electors. 
 
 of the people of this state in the congress of the United 
 States, to wit : 
 
 Names. Number of votes in words 
 
 at full length. 
 
 Duplicate list oi votes for a representative (or repre- 
 sentatives, as the case may be) in the congress of the 
 United States. 
 
 Certified by A. B. presiding officer. 
 
 Number of SECT. 8. The presiding officers, in making out said 
 
 It full length* 1 ' certified lists, shall insert the number of votes for each 
 person voted for, in words at full length ; and the super- 
 scription on each of said certified lists, to be returned to 
 the secretary of this state, shall be as follows, to wit: 
 To the secretary of this state. 
 
 Form of super- Votes of the electors in the town of for rep- 
 
 resentatives (or a representative, as the case may be) of 
 the people of this state, in the congress of the United 
 States, taken and sealed up, by A. B. presiding officer. 
 
 TITLE 28. Electors. 
 
 An Act relative to the admission of Electors. 
 
 . 1 E it enacted by the Senate and House of Rep- 
 Town-clerk JJ resentatives, in General Assembly convened, 
 
 authorieed "to* 1 That the town-clerk, and select-men, of each town in 
 meet on Thurs- this state, are hereby authorized (if they deem it expe- 
 day next pfece- dient and necessary) to meet at the place of choosing 
 dajMj/ApriCto representatives and state officers in the general assembly, 
 decide upon on the Thursday next preceding the first Monday of April, 
 qualifications of m each year, at nine o'clock in the morning of said day, 
 propos t- or t ^ e p ur p 0se O f examining and deciding upon all ap- 
 plications to be admitted to the privileges of electors. 
 Notice of such SECT. 2. In all such cases, it shall be the duty of the 
 meetings how town-clerk and select-men, to cause notice of such meet- 
 ings to be given to the inhabitants of the town where such 
 meetings are held, by posting such notice on the public 
 sign-posts in said town, or by publishing the same in some 
 public newspaper printed in such town, which notice 
 shall be given at least five days previous to such meet- 
 ings. 
 
 town-cferk and SECT 3. The town-clerk and select-men of the sever- 
 wlectraen <m al towns in this state, shall meet together on the first
 
 Title 28. Electors. 141 
 
 Monday of April, in each year, at nine of the clock in the first Monday of 
 morning of said day, at the place of holding the elections, A P nl> 
 for the purpose of receiving, examining, and declaring on 
 all applications to be admitted to the privilege of elec- 
 tors ; and it shall be the duty of the select-men and town- Their duly to 
 clerk, to make a certified list in writing, of all such per- ^, a ^e S C & r c tlfied 
 sons as are judged duly qualified, at either of said meet- 
 ings ; which list shall be delivered to the town-clerk, and ^ uch llsts evi ". 
 recorded in the records of the town, and shall be suffi- ficatJon qUa 
 cient evidence that the persons contained in said list, re- 
 spectively, possess the requisite qualifications for electors 
 of this State. Persons found 
 
 T-, f j vr . j / -j qualified to be 
 
 SECT. 4. Every person found qualified as aforesaid, admitted elec- 
 
 upon taking the oath provided for electors, shall be ad- tors, on taking 
 mitted an elector of this state ; and the names of all such the oath> 
 electors admitted and sworn as aforesaid, shall be enroll- Their nam <js * 
 ed by the town-clerk, on the records of such town. 
 
 SECT. 5. The oath provided for electors may be ad- 
 ministered at either of said meetings of the town-clerk 
 and select-men, by any person authorized to administer 
 oaths, and shall be as follows, to wit : 
 
 You, A. B. do solemnly swear, (or affirm, as the case Form of oath, 
 may be,) that you will be true and faithful to the state of 
 Connecticut, and the constitution and government there- 
 of, as a free and independent state, and to the constitu- 
 tion of the United States ; and whensoever you shall be 
 called to give your vote or suffrage, touching any matter 
 which concerns this state, or the United States, you shall 
 give it as you shall judge will conduce to the best good 
 of the same, without respect of persons, or favor of any 
 man : So help you God. 
 
 SECT. 6. The select-men and clerk of each town in this 
 state, shall, previous to entering on the duty of examin- 
 ers of the qualifications of electors, take the following 
 oath, to wit : 
 
 You do solemnly swear, (or affirm, as the case may be,) Form of oath 
 that you will faithfully discharge, according to law, the jj r ^JSSl? 
 duties of the office of examiners of the qualifications of tions of elect- 
 electors, to the best of your abilities : So help you God. ors. 
 
 SECT. 7. No person, who claims to have been admit- Electors ad- 
 ted an elector in any other town in this state, than that mitted in oth- 
 in which he shall offer to vote, shall be permitted to vote J^duce'cMti- 
 tberein, in the choice of representatives, until he shall ficates of ad- 
 produce, to the presiding officer, in electors' meeting, a mission, 
 certificate from the town-clerk of the town in which he 
 was admitted, of such his admission ; and no person ad- 
 mitted as an elector in any town in this state, shall be 
 permitted to vote in the choice of representatives, in any Res j,j ence j, e 
 other town, until he shall have statedly resided therein, fore voting-.
 
 J42 Titled. Equity. 
 
 four months, at least, next before the time when he shall 
 offer to vote therein. 
 
 TITLE 29. Equity. 
 An Act regulating proceedings in Equity. 
 
 SECT. 1. 
 
 Courts of equi- 
 ty, how to pro- 
 ceed. 
 
 No appeal. 
 
 Suits in equity, 
 how to be serv- 
 ed. 
 
 Order of no- 
 tice. 
 
 Finding of 
 facts. 
 
 Power to pass 
 title to land. 
 
 E it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened. 
 That the several courts having jurisdiction of suits 
 hrought for relief in equity, shall have power to proceed 
 according to the rules, usage, and practice in courts of 
 equity ; and shall take cognizance of matters only in 
 which adequate relief cannot be had in the ordinary 
 course of law. They shall keep records of their proceed- 
 ings ; and shall have power to enforce their decrees, by 
 granting execution thereon against the estate or person of 
 the defendant, or in any other manner proper for a court 
 of equity ; and no appeal shall be allowed from their 
 sentences or decrees. All bills or petitions, preferred to 
 a court of equity, shall be signed by the party, and shall 
 be accompanied with a summons, signed by lawful au- 
 thority, notifying the defendant or respondent to appeal- 
 before the court ; and shall be served, by some proper 
 officer, on the defendant or respondent, by reading, or 
 by leaving a true and attested copy, at his usual place of 
 abode, at least twelve days before the sitting of the court. 
 And whenever the defendant or defendants, named in the 
 bill or petition, shall liv< out of the state, the court to 
 whom the same is preferred, and has cognizance there- 
 of, or either judge of such court, in vacation, shall have 
 power to make such orders, relative to the notice which 
 shall be given, as they shall deem reasonable ; and such 
 notice having been given, pursuant to the order of such 
 courts respectively, in the mode prescribed, and duly 
 proved to such courts, the same shall be sufficient ser- 
 vice ; and the court may proceed to a hearing thereof, at 
 the first term, if they shall judge proper. 
 
 SECT. 2. It shall be the duty of courts of equity, to 
 cause the facts, on w r hich they found their decrees, to ap- 
 pear on the record, either from the pleadings or decree. 
 And courts of equity shall have power to pass the title to 
 real estate, by decree, without any act to be done on the 
 part of the defendant or defendants, when, in their judg- 
 ment, it shall be the proper mode to carry the decree 
 into effect : and such decree having been recorded in 
 the records of the town where the land lies, shall, while
 
 Title M. Equity, 143 
 
 in force, be as effectual to transfer the same, as the deed 
 of the defendant or defendants. 
 
 SECT. 3. When any minor under the age of twenty-one Guardian au- 
 
 years, shall be interested in any mortgaged, or other real tnorized to ex - 
 J. 1- u * u j 4. ecute convey, 
 
 estate, which, in equity, ought to be conveyed to any a nce in behalf 
 
 other person or persons, and such conveyance is decreed of minor, 
 md ordered, by the court having cognizance of the same, 
 ic guardian of such minor is hereby authorised and 
 empowered to make and execute such conveyance, in 
 ichalf of such minor; which conveyance, so made, shall 
 be good and effectual in law. And the said court shall 
 have power to enjoin such guardian to make the same, 
 under a suitable penalty. 
 
 SECT. 4. And if such minor have no guardian, at the Court author* 
 time of bringing such suit, the said court is hereby author- 
 ized to appoint one ; and the guardian so appointed, shall 
 have power to do every thing in behalf of such minor, 
 proper for his defence in such suit ; and for carrying the Hls powers 
 decree of the court therein into effect. 
 
 SECT. 5. The superior court of this state shall be, and Su P enor 
 , - . . court may di- 
 
 they are hereby authorized, as a court ot equity, on pen- rect the taking 
 tion brought before them, to authorize and direct the tak- of depositions 
 mg of depositions, to perpetuate the evidence of facts, {g s ^ e m ^ e n t y ate 
 where no suit is depending, agreeably to the rules and 
 usages in chancery proceedings ; which depositions, so [Vid. ante, p. 
 taken, shall be available in any court of law or equity in 48, s. 9.] 
 this state, in the same manner as depositions taken during 
 the pendency of a suit. 
 
 SECT. 6. Either of the judges of the superior court, A judge of the 
 shall have power, on motion, to grant and enforce writs su pe"or court 
 of injunction, according to the course of proceedings in grant wr j ls O f 
 courts of equity, in all cases within the jurisdiction of injunction, 
 the superior court, arising in any county where such 
 court shall not be in session. And all writs of injunction 
 shall be made returnable to the next superior court in 
 such county, which court may proceed therein accord- 
 ing to the course of proceedings in equity. And no 
 writs of injunction shall be issued, unless the facts stated Facts to be 
 
 in the application shall be supported by the oath of the supported by 
 
 ,. T/T- oath, 
 
 applicant, or some indifferent witness. 
 
 SECT. 7. The chief judges of the several county courts, Chief judge of 
 in all cases within the jurisdiction of such courts, arising authorizeTto 
 in the counties of which they are judges, when such grant writs of 
 courts are not in session, shall have power to grant and injunction 
 enforce writs of injunction, returnable to the next county 
 court in such county, and to be proceeded with, in the 
 same manner, and on the same principles, as in cases of 
 writs of injunction, issued by judges of the superior court.
 
 144 
 
 Title 30. Escheats. 
 
 Writs of error. SECT. Si. The party aggrieved, may bring a writ of 
 error from the determination of the county court, to the 
 superior court, and from the determination of, the supe- 
 rior court, to the supreme court of errors, in all cases, 
 where material and manifest error shall appear of record, 
 in any decree passed by the superior or county court. 
 
 New trials. And courts of equity shall have power to grant new trials 
 for new-discovered evidence, or any other reasonable 
 cause, according to the course of proceedings in equity. 
 
 Amendments. SECT. 9. Courts of equity may, at any time, permit 
 the parties to amen<J any defect, mistake, or informality 
 in bills, petitions or pleadings, in any suit pending before 
 them, on the payment of lawful costs to the other party, 
 at the discretion of the court : Provided, that the plain- 
 tiff may amend his bill within the three first days of the 
 superior court to which it is returned, without costs : and 
 in all cases of the amendment of a bill or petition, the 
 court shall grant the defendant a reasonable time to make 
 answer thereto. 
 
 SECT. 10. When the plaintiff, in a bill in equity, shall 
 require of the defendant a discovery on oath, respecting 
 the matters charged in the bill, the disclosure by the de- 
 fendant shall not be deemed conclusive, but may be dis- 
 proved, or contradicted, like any other testimony, ac- 
 cording to the practice in courts of equity.(l) 
 
 Disclosure. 
 
 (1) According to the former practice, the 
 disclosure of the defendant on oath, when 
 called upon by the plaintiff, was held to be 
 conclusive, and could not be questioned, 
 1 Day) 156. This defeated the plaintiff of 
 
 any benefit, in calling on the defendant for 
 a disclosure. To remedy this inconven- 
 ience, the present provision was introdiu 
 ced. 
 
 TITLE 30 Escheats. 
 
 An Act relating to the disposition of Escheats, 
 and other property belonging to the state. 
 
 .. IB E it enacted by the Senateand House of Rep- 
 J3 resentatives, inGeneral Assembly com ened^ 
 
 When no own- That when no 'owner or heir of any estate, real or per- 
 rap " sonal, can be found, the same shall escheat, and belong 
 to the state ; and it shall be the duty of judges of pro- 
 bate to make due enquiry, in their respective districts, 
 after such estate, and to secure the same in the hands of 
 an administrator, appointed for that purpose, and to give 
 notice to the treasurer of the state, who is hereby impow- 
 ered to receive it from such administrator, and to dis- 
 charge him therefrom. 
 
 pears, estate 
 to escheat. 
 
 Judge of pro- 
 bate to en- 
 quire.
 
 Title 31. Estates. 145 
 
 CT. 2. And the treasurer shall have power to ap- Treasurer to 
 
 point agents to manage and take care of all property that f PP oint agents 
 
 f n'-f f J . to take care of 
 
 shall escheat to the state ; as well as ol all lands or other and sell pro- 
 property, to which the state has or may become legally perty escheat- 
 entitled, by judgment or execution, for any debt, fine or ed; 
 forfeiture, or in any other way whatever, except lands 
 belonging to the school fund : and such agents shall have 
 power to sell and dispose of such property, at public or 
 private sale, or on credit, on such terms as shall be ap- 
 proved of by the treasurer: who is hereby authorized to 
 xecute any deeds or conveyances, proper to transfer to give deeds : 
 the same ; which shall be good and effectual : and the 
 treasurer shall annually render an account to the general and render an. 
 assembly of his proceedings, and credit the avails of the count. 
 -ales to the state : Provided, that if any heir or owner of 
 such estate shall appear, he shall he entitled to the same, 
 or if sold, to the avail? thereof, after deducting the m-- 
 - 
 
 TITLE 31. Estate*. 
 CRAP. I. 
 
 An Act for the settlement of Estates, testate, 
 intestate, and insolvent. 
 
 JTBE it enacted by the senate and House of Ren- 
 SECT. 1. -% y - ri , a ,, J 1 j 
 
 mJ resentatives in Lreneral Assembly convened, 
 
 That all persons at the age of twenty-one years, and of ^' 10 ma y. n 
 sound and disposing mind and memory, shall have pow- ma 
 er to dispose of their real estate, by will or testament : of real estate ; 
 all persons of the age of seventeen years, and of sound 
 and disposing mind and memory, shall have power to dis- O f pers0 nat 
 pose of their personal estate, by will or testament ; and estate. 
 married women shall have power to dispose of their es- 
 tate, both real and personal, by will, in the same manner 
 as other persons. 
 
 SECT. 2. That all wills shall be in writing, and sub- wills must be 
 scribed by the testator ; and no devise or devises of real in writing, 
 estate, contained in any will or codicil, shall be held good 
 and valid, unless such will or codicil shall be subscribed How witness- 
 by the testator, and attested by three witnesses, all of ed 
 them subscribing in the presence of the testator. 
 
 SECT. 3. If any beneficial devise, legacy or interest Devise or le- 
 hath been, or shall be, made or given, in any will or co- 
 dicil, executed after the first day of January, one 
 thousand eight hundred and eight, to any person subscri- 
 
 21
 
 
 -. 
 
 146 
 
 
 If devise or 
 legatee die be- 
 fore testator, 
 estate shall go 
 to his heirs. 
 
 Birth of child 
 revocation of 
 a will. 
 
 Actual revoca- 
 tion. 
 
 Proof out of 
 court. 
 
 Title 31. 
 
 . 
 
 Estates, 
 
 TExecutor to 
 prove the will, 
 or refuse the 
 
 4rust. 
 
 bing such will or codicil, as a witness to the execution 
 thereof, such devise, legacy, or interest, shall, as to such 
 subscribing witness, and all persons claiming under him, 
 be null and void ; unless such will or codicil be other- 
 wise duly witnessed, according to this act : and such per- 
 son shall be admitted as a witness to such will or codicil, 
 in the same manner, as if such devise, legacy or interest 
 had not been given. Provided such devise, legacy, or 
 interest be not made to an heir at law of the testator : 
 nor shall this section operate as to wills made prior to the 
 first day of January, one thousand eight hundred and 
 eight. 
 
 SECT. 4. Whenever a devisee or legatee in any last 
 will and testament, being a child or grand-child of the tes- 
 tator, shall die before the testator, and no provision shall 
 be made for such contingency, the issue, if any there be, 
 of such devisee or legatee, shall take the estate devised 
 or bequeathed, as the devisee or legatee would have done, 
 had he or she survived the testator ; and if there be no 
 such issue, at the time of the testator's death, the estate 
 disposed of by such devise or legacy, shall be considered 
 and treated as intestate estate. 
 
 SECT. 5. If after the making of a last will and testament, 
 a child be born to the testator, and no provision be made 
 in such will for such a contingency, such birth shall ope- 
 rate as a revocation of such last will and testament. 
 
 SECT. 6. No devise of real estate shall be revoked, oth- 
 erwise than by burning, cancelling, tearing, or obliterating 
 the same, by the testator himself, or in his presence, by 
 his direction and consent ; or by some other will or co- 
 dicil in writing, declaring the same, signed by the testa- 
 tor, in the presence of three or more witnesses, and by 
 them attested in his presence. 
 
 SECT. 7. All executors of wills within this state, shall 
 have liberty to have the Avitnesses to such wills examined 
 and sworn, in usual form, before a justice of the peace, 
 who shall enter the oath of the witnesses on the back of 
 the will, and attest the same : and the oath of witnesses, 
 so taken, shall be accepted by the court of probate, as if 
 they had been taken before said court. 
 
 SECT. 8. It shall be the duty of the executor or execu- 
 tors, of the last will and testament of any person deceased, 
 knowing of his or their being so named and appointed, 
 within thirty days next after the decease of the testator, 
 to cause such will to be proved and recorded in the of- 
 fice of the court of probate of that district, where the de- 
 ceased person last dwelt ; or to present said will, and 
 declare his or her refusal to accept of the executorship : 
 and every executor, so neglecting his trust ajid duty,
 
 
 A . 
 
 Title 31. Estates. >-+ . 147 
 
 without just excuse for such delay, to the satisfaction of 
 the judge of probate, shall forfeit the sum of seventeen penalty for 
 dollars per month, from and after the expiration of the neglect, 
 said thirty days, until he shall cause- probate of said will, 
 or present the same as aforesaid, one half to him who 
 shall sue for and prosecute the same to effect, and the 
 other half, to the treasury of the town where the deceas- 
 ed last dwelt. 
 
 SECT. 9. And upon the refusal of the executor or ex- On refusal ot 
 ecutors, or on his or their refusal to give bond with sure- Jj* JlSistra- 
 ty, fora faithful discharge of his or their trust, the court tor to be ap- 
 of'prbate shall commit the administration of the estate pointed, 
 of the deceased, with the will annexed, unto the wid- 
 ow, or next of kin, of the deceased ; and may cause app jjjed. C 
 a citation to be made out to them to appear before him ; 
 and upon their refusal, neglect of appearance, or inca- 
 pacity, may grant such administration to one, or more, of 
 the principal creditors ; or, on their refusal, to such oth- 
 er person as the court shall think fit. And where the 
 testator lived out of the state, the will shall be proved in 
 the district, in which the estate is. 
 
 SECT. 10. When any person dies intestate, the court within what 
 of probate, in the district in which the deceased last P; n b ^f r ; ct 
 dwelt, shall grant administration of his estate to the wid- shall be ap _ 
 ow, or next of kin, of the intestate, or to both ; or on their pointed, 
 refusal or incapacity, to some other person, as the court 
 of probate shall judge fit. If any creditoror heir to any 
 estate, shall obiect to the appointment of the widoAv, or 
 next of kin, as administrator or administratrix, on such 
 estate, the judge of probate may appoint any other person 
 whom he shall deem proper. And where a person, liv- 
 ipg out of the state, dies intestate, leaving property with- 
 in the state, administration shall be granted of his estate, 
 within the district where the estate is, to such person as 
 the court think fit. 
 
 SECT. 11. Every court of probate, upon granting ad- Bondtobetak- 
 ministration upon the estate of any deceased person, en- 
 shall take a bond, with sufficient surety or sureties, to the 
 judge of said court, and his successors in that office, with 
 this condition, to wit : The condition of this obligation 
 is such, that if the above bounden A. B., administrator Form of bond, 
 of all and singular of the goods, chattels, credits, and 
 estate of C. D., deceased, do make, or cause to be made, 
 a true and perfect inventory of all the goods, chattels, J* J^ 
 credits, and estate of the said deceased, which have or 
 ehall come to the hands, possession or knowledge of the 
 sairf A. B., or into the hands or possession of any other 
 person for him, and the same, so made, do exhibit, or 2d To ex hibit 
 cause to be exhibited, into the registry of the court the same to
 
 * * 
 
 148 Title 31. Estates. 
 
 *k i 
 
 court of pro- o f probate in the district of at or be- 
 
 bate,m iue forc the day of next ensuing; and 
 
 the same goods, chattels, credits, and estate, of the said 
 3d. To account deceased, at the time of his death, which, at any time af- 
 for all estate ter, shall come into the hands or possession of the said A. 
 come'tobi* 3 l<!r ^v or mto ^ ie hands or possession of any other person or 
 possession. persons for him, do well and truly administer according to 
 
 law : And further do make or cause to be made, a true 
 
 4th. To make an( j \ us ^ account of his said administration, at or before 
 and render a ,, f ,, ,, 
 
 true account of tne . dav * and all the rest and 
 
 his administra- residue of the said goods, chattels, credits and estate, 
 tlon - which shall be found remaining upon the said administra- 
 
 tor's account, the same first being examined and allowed, 
 by.the said court of probate, shall deliver and pay unto 
 such person or persons respectively, as the said court of 
 probate, by his decree or sentence, pursuant to the true 
 intent and meaning of the law, shall appoint. And if it 
 shall hereafter appear, that any last will and testament, 
 was made by the deceased, and the executor or executors 
 therein named, do exhibit the same into said court, 
 making a request to have it allowed and approved, ac- 
 cordingly ; if the said A. B., being thereunto required, 
 do render and deliver the said letters of administration, 
 (approbation of such will or testament being first had 
 and obtained) in the said court ; then this obligation to 
 be void, and of no effect ; or else to remain in full force 
 and virtue. And executors shall become bound in the 
 same manner, mutatis mutandis. 
 
 Appointment SECT. 12. When any testator, in his last will and tes- 
 courTof 6 pro b - y tament > ^ as appointed, or shall appoint, any trustee or 
 bate. trustees, to execute a trust created by such will ; and has 
 
 not provided for the contingency of the death, incapaci- 
 $z~J*. in* v ' or re f us al of such trustee or trustees to accept, or exe- 
 -jjymte the trust ; the court of probate having the probate 
 of such will, shall have power, in such cases, to appoint 
 some suitable person or persons to execute such trust, 
 according to the will ; taking from them good and suffi- 
 cient bonds, with surety, conditioned for a faithful per- 
 formance thereof. 
 
 Inventory. SECT. 13. The executor or executors, appointed by 
 
 the testator in his last will and testament, and adminis- 
 trators to whom the administration of the estates of per- 
 sons deceased shall be committed, shall, with the assist- 
 ance of two or more judicious, disinterested freeholders, 
 
 under oath, and appointed by the court of probate, make, 
 or cause to be made, a true and perfect inventory and ap- 
 praisement of all the estate of the persons deceased, both 
 real and personal, according to its value ; and also, a list 
 of all his credits and choses in action, as far as may be,
 
 Title 31. Estates. 
 
 and shall cause duplicates to be made of such inventory, 
 me of which shall be sworn to, by <uch executor or ad- 
 linistrator. before the judge of the court of probate, 
 
 lere the will was proved or administration granted, and 
 deposited with said court, and the other shall remain 
 with the executor or administrator. 
 
 SECT. 14. If any creditor, legatee, or other person, New appraise 
 shall be aggrieved, by such appraisement, he may have m 
 relief, by application to such court of probate ; which 
 court is empowered and required to appoint three good 
 and lawful men of the neighborhood, who, being duly 
 sworn, shall make a new appraisement of such estate, at 
 the true value, according to their best judgment : And 
 the executor or administrator, shall be accountable for 
 the estate, according to such appraisement, or the same 
 shall be sold, by the order of the court of probate : Pro- 
 vided, that such applications shall be made to such court 
 within six months after the inventory of such estate shall 
 have been exhibited to said court. 
 
 SECT. 15. If the executor or executors of any last will Penalty, for not 
 or testament, proved in any court of probate, or the ad- ^% an in ~ 
 ministrator or administrators of any intestate estate, shall 
 not, within two months, next after the probate of such 
 will, or granting letters of administration on such estate, 
 cause such inventory to be made as aforesaid, and exhib- 
 ited to the court of probate, where the will was proved 
 and recorded, or administration granted, he or the) shall 
 forfeit the sum of seventeen dollars per month, from and 
 after the said expiration of two months, until he or they 
 shall cause an inventory to be made of such estate, and 
 exhibited to the court of probate as aforesaid ; unless he 
 can make a just excuse for such delay, satisfactory to said 
 judge of probate : which forfeiture, as well as that for 
 not causing the will to be proved, shsll belong, one half 
 to the town where the deceased last dwelt, and the other 
 half to him who shall bring a proper action therefor, and 
 prosecute the same to effect, in the county where the de- 
 ceased last dwelt. 
 
 SECT. 16. If any person or persons shall sell or em- Personsembez- 
 bezzle any of the goods or chattels of any person deceas- ^f e 33 exe^u- 
 ed, before he or they have taken out administration, and tors in their 
 exhibited a true inventory of all the known estate, he or own wrong, 
 they shall stand chargeable, and be liable to the actions 
 of the creditors, and other persons aggrieved, as being 
 executors in their own wrong. 
 
 SECT. 17. If any person or persons shall have in his or Ho ^ to P r - 
 their custody and possession, any goods or chattels be- ^ se ^""con. 
 longing to the estate of any deceased person, on any bills, ceal the estate, 
 bonds, notes, accounts, or any thing, that may tend to
 
 1/>0 Title 31. Estates. 
 
 ( 
 
 disclose such estate, and on demand of the same, by the 
 executor or administrator, shall refuse to deliver them, 
 or to give any satisfactory account, to the executor or 
 administrator, it shall be lawful for any justice of the 
 peace, on the complaint of such executor, or administra^ 
 tor, to issue his warrant, and cause such offender to be 
 apprehended and brought before him, and may bind him, 
 with sufficient surety, to appear before the next court of 
 probate ; and such court shall have power to examine 
 him, on oath, concerning the matters complained of; 
 and if he shall refuse to be examined, on oath, and to 
 answer the interrogatories put to him, by such court, it 
 shall be lawful for the court to commit him to prison, 
 there to remain till he shall conform to the law. 
 
 Notice to bring SECT. 18. The courts of probate shall have power to 
 direct executors and administrators, to give public notice 
 to the creditors of the deceased, to bring in their claims 
 against his estate, within such times as the said courts 
 shall limit and appoint, not exceeding eighteen months, 
 nor less than six months, by posting up the same in the 
 town where the deceased last dwelt, and also by adver- 
 tising and publishing the same in a newspaper printed in 
 the county where the deceased last dwelt, or in an adjoin- 
 ing county, at the discretion of the judge of probate ; and 
 also to give such further notice as the court shall judge 
 to be necessary. And if any creditor shall neglect 
 to exhibit his or her claim, within such time as shall 
 be limited, after public notice given as aforesaid, such 
 creditor shall be forever debarred of his or her de- 
 mand against such estate. Provided, that any creditors, 
 not inhabitants of this state, shall have liberty to exhibit 
 their claims against any estate, which has not been rep- 
 resented insolvent, at any time within two years after 
 publication of the notice aforesaid, and shall be entitled 
 to payment out of the clear estate only, remaining after 
 the payment of the claims exhibited in the time limited 
 as aforesaid. Provided also, that when a right or claim 
 shall accrue after the death of the deceased, it shall be 
 exhibited within twelve months after such right of action 
 shall accrue, and shall be paid out of the estate remain- 
 ing after the payment of the debts exhibited in the time 
 limited as aforesaid. 
 
 2 h b n rS i ht" 1 if SECT - 19 - Whenever the creditors of any estate, not 
 
 executor re'fu- presented insolvent, shall present his or her claim to 
 
 sts the claim, the executor or administrator, within the time limited by 
 
 the court of probate, for the exhibition of claims, and 
 
 the executor or administrator shall disallow and refuse to 
 
 pay such claim ; if such creditor shall not, within six 
 
 months after he has been notified, by such executor or
 
 Title 31. Estatey. 151 
 
 admisistrator, that his claim is disallowed, commence a , 
 
 suit before a court competent to try the same, against 
 
 such executor or administrator, for the recovery thereof, 
 
 that the validity of the claim may be legally decided, then 
 
 such creditor shall be forever debarred of his claim 
 
 against such estate : Provided, that in case such creditor Extension of 
 
 die within the said six months, and before action brought j. 1 ^ " de ' ..^ 
 
 as aforesaid, a further period of six months shall be allow- tor. 
 
 ed in favor of the executor or administrator of such cred- 
 
 itor. 
 
 SECT. 20. When the mortgagee of any lands or tene- Release of satis. 
 
 ments shall die, leaving minor heirs, the executor or ad- ^ hhere 
 
 ministrator of such mortgagee, shall be, and he is hereby 
 authorized, on receiving the amount due to the estate of * % ^ 
 
 such deceased mortgagee, to release to the mortgagor the 
 'legal title to the said mortgaged premises, and such deed 
 or release shall be valid. 
 
 SECT. 21. It shall be the duty of the executor or ad- Executor or 
 ministrator, to maintain and keep the buildings and hous- * "keep Tuiid 
 es, appertaining to the estate of the deceased, in tenanta- ings in repair, 
 ble repair, by the revenue of the lands belonging to such 
 estate, and deliver the same to the heirs, and devisees in 
 such repair, at the time of the division and distribution 
 thereof, extraordinary casualties excepted. jp 
 
 SECT. 22. The respective courts of probate, shall have Ma y be calle<1 
 power to call executors and administrators to account, c 
 for and concerning the estate of the deceased person, in- 
 trusted to their charge. And whenever the executor or Notice to be 
 administrator of any estate shall exhibit to the court ofpro- S iven f exhibi- 
 bate, for allowance, his administration account, or when [stratum* ac-"*" 
 said court shall have appointed a time and place for count. 
 hearing said account, said court shall direct the said ex- 
 ecutor or administrator to give public notice to all per- 
 sons interested therein, to appear at such time and place 
 as said court shall have appointed, by advertising in a 
 newspaper, or otherwise, for such time as said court shall 
 deem reasonable : and all persons interested in said es- 
 tate may appear and be heard thereon. 
 
 SECT. 23. Whenever an executor or administrator How to be re- 
 shall, by reason of absence, sickness or insanity, become move( ' 
 incapable of executing his trust, or shall neglect or refuse 
 to do the duties thereof ; or shall waste the estate, on 
 which he administers, and be unable personally to res- 
 pond in damages, any heir, devisee, legatee, creditor or 
 surety in the administration bond, who has been injured, 
 or may be exposed to injury, may make a complaint in 
 writing to the court of probate in which the settlement of 
 the estate is pending ; and said court shall give notice to 
 such executor or administrator to appear before him, and
 
 * 
 1-^ Title 31. Estates. 
 
 , answer to such complaint : which notice shall be served, 
 by reading the same in his hearing, or leaving a copy at 
 his usual place of abode, at least six days before the day 
 of trial ; and if said court, on due enquiry, shall find the 
 facts stated in the complaint to be true, he shall remove 
 such executor or administrator from office : and in such 
 case, and in all cases, where the surety in the administra- 
 tion bond has become liable on such bond, he shall have 
 liberty to institute any proper suit against his principal 
 for his security. 
 
 o N r eW admini"!-a- SECT ' 24 ' If the executor administrator, so remov - 
 lor to be ap- cd "' om office, be a sole executor or administrator, the 
 pointed. court of probate shall appoint an administrator with the 
 
 will annexed, of the goods not administered, or an admin- 
 istrator of the goods not administered, as the case may 
 require, and as in the case of the death of an executor, 
 How they shall or administrator ; and such administrator, so appointed, 
 proceed. shall have power, and it shall be his duty, to ask for, de- 
 
 4 mand, and receive of the executor or administrator so 
 
 removed, his heirs, executors or administrators, all the 
 goods and effects of the deceased ; and also, all books 
 of account, bonds, notes, or other securities, documents 
 or papers, that concern the estate, and may be wanted 
 in tiie settlement of it : and all suits in law or equity pen- 
 ding before any court, in favor of, or against, the execu- 
 tor or administrator so removed, shall survive to, and may 
 be prosecuted by, or against, the administrator, appointed 
 to succeed him. 
 
 S"2 S bTre- SECT * 25 ' Whenever an administration bond shall be 
 
 quired ' found to be insufficient, it shall be the duty of the court of 
 
 probate, who took the same, to require further security 
 of the executor or administrator ; and on his neglect 01 
 refusal to find such further security, to remove him from 
 office, and to appoint an administrator to succeed him, as 
 is heretofore provided in this act. 
 
 When sale of SECT. 26. When the debts and charges, allowed by 
 the Court of P roba te, in the settlement of an intestate es- 
 tate, or of a testate estate, where sufficient provision is 
 not made by the will of the testator, shall exceed the 
 value of the personal estate, it shall be lawful for such 
 court to order the sale of so much of the real estate as 
 shall be sufficient to pay the same, with incident charges 
 of sale, in such manner as shall appear to him to be most 
 for the benefit of such estate ; which sales shall be good 
 and effectual in law. 
 
 What personal SECT. 27. When the personal estate of the deceased, 
 S ^ a11 notbe sufficient for the payment of his debts, be- 
 s "* es household goods, exempted from execution, the 
 court of probate that granted administration on the es-
 
 Title 31. Estates. 153 
 
 state, shall set out to the widow, any property of the de- 
 ceased exempt by law from being taken in execution, to 
 be her property. 
 
 SECT. 28. When the debts and charges, allowed by Wli en real es.- 
 any court of probate, in the settlement of an intestate es- so y ^, a ^ re ^ r , 
 tate, or of a testate estate, (where sufficient provision is ence to person- 
 not made by the will of the testator,) cannot be fully al estate. 
 paid out of the personal estate, without prejudice to the 
 widow or heirs, by depriving them of their necessary 
 stock and implements for farming, or other business, for 
 upholding life, such court shall have power and authori- 
 ty to order payment of such part of the debts and charges 
 as he shall judge reasonable, by disposing of the lands or 
 real estate, for such purpose, in such way and manner, as 
 he shall judge to be most equitable for the widow and 
 heirs, or devisees, of such estate. 
 
 SECT. 29. When any testator, by his last will and testa- If estate of one 
 ment, shall give any personal or real estate to any person t^e intake n S fo 
 or persons, and the same, or any part thereof, shall be pay debts, the 
 taken and sold for the payment of the testator's debts, as others shall 
 the law provides, all the other legatees, devisees, or heirs, 
 shall refund their average or proportional part of such 
 loss, to such person or persons, from whom such legacy 
 or devise shall be taken away ; and he or they may main- 
 tain an action at law to compel such contribution. 
 
 SECT. 30. The courts of probate shall make, and they Distribution to 
 are hereby empowered to make, a just division or distri- be made ' 
 bution of all the estate, both real and personal, of any 
 person dying intestate after deducting all the expences 
 and charges, payable out of the same ; which distribution 
 shall be made by three sufficient freeholders, or any two 
 of them, to be appointed by the court of probate, and 
 sworn according to law ; unless all the persons interested unless persons 
 
 in any estate, being legally capable to act, shall mutually intert sted a " 
 * '..? i 1 -,- gree upon a 
 
 agree upon a division, and present the same in writing, division. 
 
 under their hands and seals to the court of probate ; in 
 which case, such agreement shall be accepted and re- 
 ceived for a settlement of such estate, and be accounted 
 good and valid in law, being acknowledged, by the par- 
 ties subscribing, before said court of probate, or a justice 
 of the peace, and recorded in said court. 
 
 SECT. 31. The distribution of the estate shall be in the Mode of distri- 
 manner following, that is to say, one third part of the per- 
 sonal estate to the wife of the intestate, (if any there be) 
 forever ; and one third of the lands and houses during 
 life, where she shall not have been otherwise endowed 
 before marriage : and all the residue and remainder oi 
 the real and personal estate, by equal proportions, accor- 
 ding to its value at the time of the distribution, to and 
 
 bution
 
 154 Title 31. Estates. 
 
 to the children, among the children, and such as legally represent them, 
 if any of them are dead ; excepting children, who shall 
 receive estate, by settlement of the intestate, in his life- 
 time, equal to the shares of the others ; and children ad- 
 tt. /n, vanced, by settlement or portion, not equal to the shares 
 of the rest, shall have so much of the estate as shall make 
 all the shares equal ; and the estate shall be so divided, 
 as that the male heirs shall have their part in the real es- 
 tate, so far as the estate will allow ; but whenever the 
 court shall find, that it will best accommodate the heirs 
 of any estate, to distribute part of the personal estate to 
 the male heirs, and part of the real estate to the female 
 heirs, such court shall order such distribution to be made 
 accordingly : Provided, that where it shall appear to the 
 court of probate, that any estate in houses arid lands can- 
 not be divided among all the children, without great pre- 
 judice and inconvenience, said court may order the whole 
 to be set to the eldest son, if he accept it, or, on his refu- 
 sal, to any other of the sons, successively ; and the son 
 accepting it, shall pay to the other children of the de- 
 ceased, their equal and proportionable shares of the true 
 value of such houses and lands, upon a just appraisement, 
 to be made by three sufficient freeholders, on oath, or 
 shall give security to pay the same in some convenient 
 time, as the court shall limit, with lawful interest. 
 
 SECT. 32. And if any of the children die before he or 
 she come of age, and before marriage, or before any le- 
 gal disposition thereof, and before marriage, the portion 
 of such children deceased, shall be equally divided among 
 the surviving children, and their legal representatives. 
 to brothers and SECT. 33. If there be no children, or any legal repre- 
 sfsters ; sentatives of them, then one moiety of the personal es- 
 
 tate shall be set out to the wife forever ; and one third 
 of the real estate for the term of life ; and the residue of 
 the estate, both real and personal, except as hereinafter 
 provided, shall be distributed and set off equally, to the 
 brothers and sisters, of the intestate, of the whole blood, 
 and those who legally represent them ; and if there be no 
 to parents ; such kindred, then to the parent or parents ; and if there 
 be no parent, then equally to every of the brothers and 
 sisters of the half blood, and those who legally represent 
 them ; and if there be no parent, and no brother or 
 sister, or those who legally represent them, then equal- 
 to next of kin. 1} to the next of kin, in equal degree : kindred of the 
 whole blood to take in preference to kindred of the 
 half blood, in equal degree : no representatives to be 
 admitted among collaterals, after the representatives of 
 Ancestral es- brothers and sisters. Provided, that all the real estate 
 of the intestate, which come to him by descent, gift, or de-
 
 Title 31. Estates, 155 
 
 vise, from his or her parent, ancestor, or other kindred, 
 shall belong equally to the brothers and sisters of the in- 
 testate, and those who legally represent them, of the 
 blood of the person or ancestor from whom such estate 
 came or descended ; and in case there be no brothers and 
 sisters, or legal representatives as aforesaid, then equal- 
 ly to the children, and those who legally represent them, 
 of such person or ancestor ; and if there be no such chil- 
 dren or representatives, then equally to the brothers and 
 sisters of such person or ancestor, and those who legally 
 represent them ; and if there be none such, then it shall 
 be set off and divided in the same manner as other real 
 estate. And if there be no wife, all the estate, shall be 
 divided among the children and heirs, in manner afore- 
 said. 
 
 SECT. 34. And every one, to whom any share or part Heirs and devi- 
 shall be distributed, or any estate devised or bequeathed, b^nds to refund 
 where no provision is made for the payment of debts out in case of debts, 
 of any particular estate, by will, shall give bond, with 
 surety, before such court of probate, if debts should atter- 
 wards be made to appear, and be allowed, after the set- 
 tlement of such estate, to refund to the executor or ad- 
 ministrator, his proportional part thereof, and of the char- 
 ges of the executor or administrator. 
 
 SECT. 35. And the widow's dower, or thirds, in the real V^ n . d vl ' er . 
 estate, at the expiration of her term, shall, also, be dis- bated. C 
 tributed as aforesaid, if the same remain undivided. 
 
 SECT. 36. When real 
 by the testator, to be divided 
 
 sees, and no person is appointed to divide the same, or 
 the person appointed neglects, or refuses to make the di- 
 vision, or dies before he has made it, the court of probate 
 before which the will is proved and approved, shall ap- 
 point three freeholders, as the law provides, for the di- 
 viding of intestate estates, to make division thereof, ac- 
 cording to the will ; who shall make return of their do- 
 ings to such court ; unless such devisees, being legally 
 capable to act, shall agree upon a division in the same 
 manner as is herein before provided, in regard to intes- 
 tate estates, which they shall have power to do. 
 
 SECT. 37. And if any person shall be aggrieved, by any Right of appeal 
 order, sentence, denial, ordccree or judgment, of a court /- 
 of probate, in the settlement of an estate, such person 
 may appeal therefrom to the superior court in the coun- 
 ty where such court of probate is holden ; and every 
 person so appealing, shall give bond, with sufficient 
 surety, to prosecute such appeal to eilect, and answer all 
 damage in case he fail to make his pica good. And all 
 persons who are aggrieved as aforesaid, who are of full 
 
 testate, given by will, is ordered, Dmsi n . 
 
 r i j v. j amone joint 
 
 Liyided among two or more dcvi- devisees.
 
 Title 31. Estates. 
 
 Time of ap- 
 peal limited. 
 
 Disposition of 
 estates of per- 
 tons executed. 
 
 Limitation of 
 granting ad- 
 ministration, 
 
 and proving 
 will-. 
 
 Hortr to pro- 
 ceed when 
 estate is in- 
 Kflvent. 
 
 age, and present, or have legal notice to be present, s 
 appeal to the next superior court, and not afterwards '. 
 and if they have no notice to be present, and are not 
 present, then they shall appeal within eighteen months. 
 
 SECT. 38. All persons aggrieved as aforesaid, who shall 
 be under the age of twenty-one years, at the time of 
 making the order, or rendering the judgment complain- 
 ed of, shall appeal within eighteen months after they shall 
 arrive to full age. All persons belonging to this state, 
 who shall be absent at the time of making the order, or 
 rendering the judgment, and all persons not inhabitants of 
 this state, who are not present at the time of making 
 such order, or rendering such judgment, shall appeal 
 within three years thereafter : provided, that persons who 
 are inhabitants of the state, and absent from the same, 
 shall, if they return to the state, appeal within one year 
 after such return. 
 
 SECT. 39. The estates of persons condemned to death, 
 and executed, shall be disposed of as intestate estates by 
 law are, after deducting the costs of their prosecution, 
 imprisonment, and execution. 
 
 SECT. 40. Administration shall not be granted upon 
 the estate of any deceased person, after the expira- 
 tion of seven years from his death. No will shall be al- 
 lowed to be proved, by any court of probate, after the 
 expiration of ten years from the death of the testator : 
 provided, that where any minor is interested in the estate, 
 three years shall be allowed after his arrival to full^age, 
 to take out administration thereon, or to prove and allow 
 the will : and provided, that the times in this section 
 limited, for the purposes aforesaid, shall, in no case, be- 
 gin to run at, or be computed from, any time prior to the 
 first day of June, one thousand eight hundred and twenty- 
 one. 
 
 SECT. 41. When it shall appear to the executor or ad- 
 ministrator, that the estate will probably be insufficient 
 to pay the debts of the deceased, he shall represent to 
 the court of probate, which proved the will, or granted 
 administration, the condition and circumstances of such 
 estate ; and such court shall proceed to settle it as an 
 insolvent estate ; and shall direct the executor or admin- 
 irtrator to give public notice to all persons interested in 
 such estate, to appear, if they see cause, at such time and 
 place as the court shall appoint, by posting up the same 
 in the town where the deceased last dwelt, and by ad- 
 vertising the same in a newspaper printed in the county 
 where the deceased person last dwelt, or in an adjoining 
 county, at the discretion of the judge of probate ; and 
 such further notice as the court of probate shall order :
 
 Title 31. Estates. 15? 
 
 o be heard relative to the appointment of commissioner?, 
 to receive and examine the claims of the creditors of such 
 estate ; and after such hearing, said court shall appoint Appointment 
 two or more disinterested and judicious persons, with gionersToex 
 power to receive, examine, and allow the claims of the amine claims, 
 several creditors, which shall be proved, by legal evi- 
 dence, to he justly due : which commissioners shall be 
 sworn according to law; and shall cause the times and 
 places of their meetings, for attending the creditors to Notice to be 
 receive and examine their claims, to be made known ^ er 
 and published, by setting up notifications thereof in 
 some public places in the town, where the deceased per- 
 son dwelt, and also by advertising the same in a newspa- 
 per, printed in the county where the deceased person 
 dwelt, or in an adjoining county, at the discretion of the 
 judge of probate ; and such further notice as the court of 
 probate may order. And the said court of probate shall Times within 
 allow six, ten, or eighteen months, as the circumstances of which credit- 
 the estate may require, for the creditors to bring in their jj ib j t ^eir 
 claims, and prove their debts ; and after the expiration claims, 
 of such limited time, the commissioners shall make their Re Prt of 
 report, containing a list of all the claims by them allowed ; ct 
 and such court shall allow them a reasonable compensa- 
 tion for their services, out of the estate of the deceased. 
 
 SECT. 42. Whenever any person shall be aggrieved, A Pl )eal from 
 i ,1 j c^i 11 , commissioner 5 
 
 by the doings ot the commissioners, m allowmgor reject- 
 ing a claim or demand, upon an insolvent estate, and the 
 matter in demand shall exceed the value of seventy dol- 
 lars, such aggrieved person may, within fifteen days after 
 the report of commissioners is returned into court, file 
 his or her motion, praying a review of such claim or de- 
 mand ; and thereupon the judge of probate, with one 
 judge of the county court, and one justice of the peace 
 in the county, shall, as speedily as may be, hear the par- 
 ties, and, according to the justice of the case, rer.der 
 judgment to establish, reject, or correct such report, so 
 far as regards such claim ; and the judge of probate shall 
 conform himself to such judgment in proceeding upon 
 such estate : from which judgment, and the acceptance of 
 the report of commissioners, there shall be no appeal. 
 And no executor or administrator on an insolvent estate 
 shall, in any other manner, contest the proof or validity of 
 any claim or demand, allowed or established as aforesaid. 
 Provided, however, that such aggrieved person, shall, at 
 the time of filing his or her motion as aforesaid, give suffi- 
 cient security, to the acceptance of the judge of probate, 
 that he or she will pay to such judges and justice of the 
 peace, each, at the rate of two dollars per day, and the 
 fees of travel, as established by law, for their services as
 
 158 
 
 Title $L Estates. 
 
 Suits not to be 
 brought pend- 
 ing the settle- 
 ment of an 
 estate. 
 
 Necessaries 
 for widow. 
 
 Order of sale. 
 
 Proviso as to 
 sale of person- 
 al estate. 
 
 Average. 
 
 aforesaid, in case he or she, on a hearing of such claim, 
 shall fail to obtain a judgment for the alteration of such 
 report : otherwise, such expense shall be paid from the 
 insolvent estate. 
 
 SECT. 43. No suit (except for debts due to the state, or 
 for last sickness and funeral charges) shall be brought 
 against the executor or administrator, of an insolvent 
 estate, so long as the same shall be depending for settle- 
 ment : and in case judgment shall be rendered in a suit, 
 before the estate was represented insolvent, execution 
 shall be stayed till the estate can be settled, according to 
 this act : and the judgment creditor shall receive his aver- 
 age, or proportion of the estate, with the other creditors : 
 and in case that be not paid, on the settlement of the 
 estate, such creditor, shewing the same, and producing a 
 certificate of his average, the court shall order execution 
 to issue on such judgment for the same. 
 
 SECT. 44. If on the report of the commissioners, such 
 estate shall appear to be insolvent, the court of probate, 
 to whom such report is made, shall order and set out to 
 the widow of the deceased, if any be, such necessary 
 household goods, to be her own property, as are exempt- 
 ed from execution by law ; and the court shall order the 
 widow's dower to be set out according to law : and the 
 residue and remainder of said estate, both real and pe*r- 
 sonal, including the widow's dower, subject to the incum- 
 brance of her estate for life, said court shall order and 
 direct the executor or executors, administrator or admin- 
 istrators, appointed to administer on such estate, to sell, 
 in such manner as shall appear to said court to be best 
 for the creditors ; and notice of such sale shall be pub- 
 lished in a newspaper printed in the county where the 
 lands lie, or the parties interested reside, or in an ad- 
 joining county, at the discretion of the court of probate ; 
 and such further notice shall be given as the court of pro- 
 bate shall order. And such executors and administrators 
 shall have power to make sale thereof, and to execute 
 proper conveyances to the purchasers, which shall be va- 
 lid in law : Provided, that at any time, during the settle- 
 ment of the estate, the court of probate shall have power 
 to order the sale of the whole, or any part, of the insolv- 
 ent's personal estate. 
 
 SECT. 45. And such sales being made, the executors or 
 administrators shall render an account to the court of 
 probate, of the amount thereof, and the monies arising 
 therefrom ; and said court shall direct the payment of 
 the debts and demands against the estate to be made in 
 the following manner : the funeral expenses, and incident 
 charges of settling and selling the estate ; debts due for
 
 Title 31. Estate*. 159 
 
 the last sickness of the deceased ; taxes and debts due to 
 the state ; and the debts of the several creditors, as al- 
 lowed by the commissioners, in proportion to the sum 
 found to be due. 
 
 SECT. 46. Every creditor, who shall not exhibit and Provision im 
 make out his claim to the commissioners, before the ex- d t o Desert 
 piration of the time limited for that purpose, shall be their claims 
 forever debarred of his or her debt ; unless he or she within limited 
 can shew some other or further estate, not before dicov- lune 
 ered, and put in the inventory ; who, on discovery there- 
 of, shall give notice to the executor or administrator : and 
 in such case, it shall be the duty of the executor or ad- 
 ministrator, to make an additional inventory, compre- 
 hending such new discovered estate, and present the 
 same to the court of probate : and such estate shall be 
 sold and disposed of as the other estate of the deceased. 
 The judge of probate shall examine the claim of such 
 creditor, and allow such part thereof, as shall appear 
 to be justly due ; and after deducting the additional 
 charges, shall order so much of the avails of the new 
 discovered estate to be paid to him, as will make him 
 equal to the other creditors, if sufficient ; if not, then the 
 whole shall be paid to him ; but if there should be more 
 than sufficient, then the surplus shall be equally divided 
 and averaged among all the creditors of such insolvent 
 estate. 
 
 CHAP. II. 
 
 An Act securing to the State a priority of claim 
 against the estates of Insolvent Debtors. 
 
 ~1"B E it enacted by the Senate and House of Rep- 
 
 SECT. 1. |- .- ? n , a j, J j 
 
 U resentatives in (xeneral Assembly convened, 
 
 That whenever the estate of an insolvent debtor shall be Assignees to 
 in the hands of assignees, either in pursuance of an insol- pay debts due 
 vent act, or by voluntary assignment, it shall be the duty fn e a e 1B 
 of such assignees, to pay all debts due to this state from 
 such debtor, out of the avails of such estate, in full, before 
 any average or distribution is made among the other 
 creditors. 
 
 SECT. 2. If the principal, in any bond or contract giv- Sureties hav- 
 en to the state, or the treasurer, for the use of the state, ' l "j P aid th 
 shall be insolvent, or being deceased, shall not have left s io priority 6 
 sufficient estate to pay all his debts, and any surety or against the es- 
 sureties, on such bond or contract, shall pay the money tateof 
 due to the state, he or they shall have the same priority C1
 
 100 Title 32. Fences. 
 
 as to payment of the debt out of the estate of the princi- 
 pal, as is secured to the state. 
 
 TITLE 32. Fences. 
 An Act concerning Fences and Common Fields. 
 
 |BE it enacted by the Senate and House ofRep- 
 
 . * MJ rcsentatives in General Assembly convened, 
 
 What shall be That the proprietors of lands shall make and maintain 
 
 sufficient fence, sufficient fence or fences to secure their particular fields 
 
 and enclosures : and a rail fence, four feet and a half 
 
 high, a stone wall four feet high, well and substantially 
 
 erected, and any other fence, either of rails, boards, hedge, 
 
 ditch, brooks, rivers or creeks, which, (in the judgment 
 
 offence-viewers,) shall be equal to a rail fence four feet 
 
 and a half high, shall be deemed a sufficient and lawful 
 
 fence. 
 
 How adjoining. SECT. 2. When adjoiningproprictors inclose their land 
 proprietors 'in severality, each shall make and maintain one half of the 
 divisonal fence : and when adjoining proprietors make a 
 divisonal fence, of posts and rails, boards, or a hedge 
 fence, each shall be allowed twelve inches from the 
 dividing line to break the ground, to set in the posts and 
 stakes 5 but the posts shall stand in the dividing line : and 
 in making a stone wall, or other fence, each proprietor 
 shall be allowed to set one half of the width on each side 
 of the dividing line, provided it does not exceed one 
 foot and a half from the dividing line, upon the land of 
 the adjoining proprietor : and, except in the case of 
 house or home lots, four feet shall be allowed for a ditch 
 from the dividing line ; provided, the party making the 
 ditch, shall lay the bank upon his own land. 
 
 SECT. 3. If one proprietor shall first occupy his land,. 
 When one pro- and make the whole fence, and afterwards the adjoining 
 prietor first m- proprietor shall occupy the adjoining land, by particular 
 makes the enclosure, he shall purchase one half of the divisional 
 whole fence, fence and maintain the same ; and if the parties do not 
 the other shall agree in dividing and appraising said fence, the party- 
 aggrieved may call on the select-men of the town, or 
 a major part of them, who may divide and set out to 
 each party, his equal proportion of said fence, and de- 
 termine how much the party, last occupying, shall pay 
 for the fence to the party erecting the same ; an ac- 
 count of which, under the hands of the select-men, shall 
 be sufficient evidence for the party, who erected said 
 fence, to recover the same from the party last occupying, 
 as aforesaid.
 
 Title 32. Fences. 161 
 
 .-.ECT. 4. Whenever there has been a fence between When fence 
 adjoining proprietors, which has never been divided, ^ a11 be dmdr 
 and either party refuses to divide the same, the other 
 party may call on the select-men to make a division, and 
 the select-men shall set out the better part, (if any there 
 be,) to him who erected it, or holds under him who erect- 
 ed it ; and the cost shall be paid by him who wilfully re- 
 fused to make such division, to be recovered, in a proper 
 action, by the other party ; and a certificate of the 
 amount of such cost, under the hands of the select-men, 
 shall be sufficient evidence. And the division offences, 
 made as aforesaid, and recorded in the records of the 
 town where the lands lie, shall be valid and binding on 
 the parties. 
 
 SECT. 5. If any person who ought to maintain any di- How to pro- 
 visional fence, shall refuse or neglect to keep it in suffi- ^on^'fente 
 cient repair, the party aggrieved shall have power to call j s not in repair 
 on the fence-viewers to view the same, and if they find 
 such fence to be insufficient, they shall, without delay, __,>'// 
 give notice, in writing, of such insufficiency, to the per- >%, 0*~ J *' ' 
 son or persons who are bound to repair it ; and if he or 
 they do not, within fifteen days, put the same in sufficient 
 repair, then it shall be lawful for the party aggrieved to 
 do it ; and when the same shall be completed, and judg- 
 ed sufficient, by said fence-viewers, they shall estimate 
 the value of such repairs, and make a certificate thereof, 
 under their hands, with an account of their fees ; and the 
 party aggrieved shall have right to recover of the party 
 who ought to have made such repairs, double the value 
 thereof, together with the fees of the fence-viewers ; and 
 on his neglect or refusal to make payment, for thirty days, 
 after demand made, the party aggrieved may sue for and 
 recover it, by an action on the case, before any court 
 proper to try the same. 
 
 SECT. 6. No person shall lay open his inclosures to and when one . 
 
 the common, and remove the divisional fence, without ! a y? open llfe 
 
 ,, , . ,, j. . . mclQsure. 
 
 giving three months 7 notice to the adjoining proprietor ; 
 
 who shall have a right to purchase the same, on paying 
 the value thereof; and if the parties cannot agree, it 
 shall be determined by either two of the select-men of 
 the town. 
 
 SECT. 7. When the dividing line between adjoining How to make 
 
 proprietors, shall be a river, brook, pond, or creek, which divisional fence 
 
 ' . ,. ..'.* - +i i when it cannot 
 
 is not a sufficient fence, and it is impracticable to make be placed in the 
 
 the fence in the line, if either party shall refuse to make line, 
 a divisional fence, on one side, or the other, then either 
 two of the select-men of the town, shall, on application 
 of either party, desirous of making such fence, determine 
 0n which side thereof the fence shall be erected and main-
 
 162 Title 32. Fences. 
 
 tained, or whether partly on one side and partly on the 
 other, and what part each shall make and maintain, and 
 deliver their determination, in writing, to the parties ; 
 and if either shall refuse to make and maintain his part of 
 the fence, the other may proceed, as is prescribed in the 
 fifth section of this act. 
 
 Kees of fence- SECT. 8. And the select-men, or fence-viewers, for any 
 viewers. service performed in virtue of this act, shall be allowed 
 
 one dollar per day, and, at that rate, for a longer or 
 shorter time. 
 
 Power of pro- SECT. 9. The proprietors of land in any field that now 
 inon fields 00 " 1 " ' s ' or mav ^ e ' established and used as a common field, 
 may meet, by themselves or agents, annually, on the first 
 Monday in March, or on such other day as they shall ap- 
 point, at the usual place of holding town-meetings, in the 
 town where the common field is, or at such other place 
 as they shall appoint, and shall have power, by a major 
 vote, to be computed according to their interest, to adopt 
 regulations with respect to the fencing and occupying 
 such common field, and to do every thing necessary for 
 the good management of the same. And they shall have 
 Clerk, power to choose a moderator and clerk, which clerk shall 
 
 enter all the acts and votes of the said proprietors, relat- 
 ing to the management of their common fields, and shall 
 be sworn to a faithful discharge of his office, and shall 
 continue in office until another is chosen and sworn in his 
 room ; whose fees shall be the same as town-clerk's for 
 the like service. 
 
 Committee and SECT. 10. And they shall choose a committee, to take 
 fence-viewers. care o f an( j manage the affairs of the common field, and 
 fence-viewers, and haywards, who. shall be sworn to a 
 faithful discharge of the duties of their office ; and if any 
 person, so chosen, shall refuse to serve, he shall incur the 
 same penalty, to be levied in the same manner, as in the 
 case of refusing to serve in town-offices. 
 
 Meetings, how SECT. 11. The committee appointed for any common 
 warned. field, may call a meeting of the proprietors, when they 
 
 shall judge it necessary, either by giving warning to such 
 of them as live in the town where such field is, and to the 
 agent of non-resident proprietors, if there be any in the 
 same town, at least three days before such meeting, or by 
 warning the said proprietors, in such other manner as 
 in their lawful meetings they shall agree. 
 
 Proprietors SECT. 12. And the proprietors, at a lawful meeting, 
 
 may lay taxes, shall have power to lay taxes upon themselves, accord- 
 ing to their interest in the common field, to defray the 
 expences that may arise in setting out or altering the 
 fence, in making gates and bridges for the field ; and for 
 any other common charge, .which they shall judge neces-
 
 
 Title 32. Fences. 163 
 
 sary ; and may appoint collectors to collect the taxes ; 
 who shall have the same authority as collectors of town 
 taxes, and be under the same penalties, for refusal to ac- 
 cept, and execute the office. And it shall he the duty of 
 t committee to make the rate-bills, and procure war- 
 its, signed by a justice of the peace, authorising their 
 collection. 
 
 SECT. 13. When a number of proprietors of lands in Adjoining 
 one town, or in several towns, have their lands adjoin- j 
 ing, and so situated that it may be convenient and bene- field, 
 ficial for them to occupy them as a common field, if two 
 thirds of such proprietors, counting their votes according 
 to their interest, shall agree to occupy such land as a 
 common interest, they may apply to the county court, in 
 the county where the lands lie, and represent to them the 
 circumstances thereof, due notice having been given to 
 the other proprietors to appear at said court, to make ob- 
 jections, if any they have, against occupying such lands 
 as a common field. And on obtaining the allowance and 
 approbation of such court, said proprietors are empow- 
 ered to farm and occupy the said lands as a common 
 field, with all the powers and privileges of those which 
 are already established : and where the lands lie in seve- 
 ral towns, they shall hold their meetings at the usual 
 place of town-meetings, in the town where the greater 
 part of the land lies, or at such other place as they shall 
 appoint. 
 
 SECT. 14. The county court shall have power, on the County courts 
 petition of one or more of the proprietors of a common 
 field, to limit, extend, or alter the bounds of the same, 
 in such mariner as they shall think will best conduce to 
 the interest of the proprietors ; and notice of the penden- 
 cy of such petition shall be given to one or more of the 
 committee, and an attested copy left with the clerk of the 
 proprietors, at least twelve days before the hearing of 
 the same ; and the cost, incurred by such application, 
 shall be taxed by the court, and paid by the petitioners. 
 
 SECT. 15. The committee of the field, or a committee Committee 
 appointed for that purpose, shall set out to each propri- j^ pr p 
 etor, his proportion of the fence, and the place where it is offence, 
 to be made ; who shall make and maintain it, and shall 
 observe the orders of the proprietors for the occupation 
 of the common field. And each proprietor, in order to 
 make or repair his part of the fence, may pass over the 
 land of any person, in the common field, when necessary ; 
 and where the line of a common field bounds upon a par- 
 ticular inclosure, one half of the fence shall be made by 
 the proprietors of the common field, and the other half 
 by the owner of the particular inclosuro. And such pro-
 
 J64 Title 32. Fences. 
 
 ^ 
 
 prietors shall not, by laying open their field or inclosure^ 
 excuse themselves from making and maintaining their 
 divisional fence, without liberty first had from the county 
 court. And where the common line of fence runs across 
 a particular inclosure, and divides it, the committee, in 
 proportioning the fence, shall consider the advantage or 
 disadvantage that this may be to the owner of the partic- 
 , ular inclosure. And all such fences, set out to the own- 
 
 ers of particular inclosures as aforesaid, shall be inspect- 
 ed and repaired, as part of the fence of the common 
 field. 
 
 Line not to be SECT. 16. When a common line offence has been, or 
 
 altered, but by shall be, established, it shall not be altered, excepting by 
 
 major vote. a ma j or vo ^ e o f fo e proprietors, computed according to 
 
 their interest ; and when they agree to alter such fence, 
 
 the committee, to effect it, shall cause their doings to be 
 
 entered with the clerk of the field. 
 
 Committee to SECT. 17. Where any person shall purchase lands in a 
 set out proper- common field^ the committee shall have power to set out 
 lion to a pur- ^ o sucn purchaser his proportion of the fence, at the re- 
 quest and charge of the grantor, and shall cause an entry 
 thereof to be made with the clerk of the field ; and until 
 that is done, the grantor shall maintain such fence. And 
 if any proprietor in a common field dies, and his heirs or 
 devisees refuse to maintain the fence, the committee 
 shall proportion the fence to such heirs or devisees, in 
 the list of fence, and they shall be bound to maintain it- 
 How pftrte of SECT. 18. And the owners of fence, in the line of corn- 
 fence are to be mon fence, shall set and keep up stakes, with the two 
 distinguished. first letters of their names on them5 to distinguish their 
 
 part of the common fence ; and every person neglecting 
 to do it more than two days, after warning given him. by 
 either of the fence-viewers of that field, shall forfeit twen- 
 ty-five cents, to the use of the proprietors of the common 
 field. 
 
 How common SECT. 1 9. Common fields shall be fenced in the same 
 ds are to be manner as is required in the case of particular -inclosures : 
 and it shall be the duty of the fence-viewers to inspect 
 the fence of common fields, and take care that it is kept 
 in sufficient repair ; and if they find it to be insufficient 
 and defective, in any part, they shall forthwith give no- 
 tice to the owner, or the person who ought to maintain it ; 
 and if he shall not, within five days after notice, erect 
 such fence, or put the same in sufficient repair, they shall 
 forthwith make> or repair the same ; and the owner, or 
 person who ought to maintain such fence, shall pay double 
 cost and charges to the fence-viewers : and if he neglect 
 to pay it for ten days, after an account is presented, and 
 demand made, the fence-viewers shall have a right to re
 
 Title 32. fences. 165 
 
 'over it, in an action on the case, brought before a court 
 proper to try the same : Provided, that such person, 
 within ten days after the account is presented, and the de- 
 mand made, may apply to two select-men, or fence-view- 
 irers, of the town, not interested in the controversy, who 
 shall appraise and estimate the expence of making or re- 
 pairing such fence ; and if such person shall not, forth- 
 with, pay double the appraisement, the fence-viewers, 
 who made or repaired such fence, shall have right to re- 
 cover it, in an action on the case. 
 
 SELT. 20. No person shall feed or bait any creatures 
 on his neighbour's land, in a common field, without his 
 consent, from the tenth day of April, to the tenth day of 
 October, in each year ; unless such field, by the agree- 
 ment of the proprietors, shall be sooner opened for feed- 
 ing : and all creatures found so feeding shall be liable to 
 be impounded, by the hayward of the field, or the owner 
 of the land. 
 
 SECT. 21. All damage done by cattle, horses, sheep or How damage 
 swine, when the fence is sufficient, shall be paid by the d ,? n ,f ^ b . e . asts 
 owners of them ; but if the fence is defective, then by the s 
 owners of the fence : but where the fence is defective, 
 the owners of the cattle shall pay the poundage, before 
 they are released from pound, and shall recover the same 
 of the owner of the defective fence. 
 
 SECT. 22. Non-resident proprietors, of a common field Non-residents 
 shall certify to the clerk, under their hands, their agents * n * me ^ *g e y ntt 
 appointed to act in the concerns of the common field : to the clerk, 
 and such agents shall certify their acceptance to the clerk, 
 and shall become bound to do all the duties, and obey 
 the orders of the proprietors, in the same manner as res- 
 ident proprietors are. And if such non-resident propri- 
 etors shall neglect to constitute their agents, and certify 
 as aforefaid, then the fence-viewers, if they find any part 
 of their fence to be insufficient, shall notify the clerk of 
 said field, of such insufficiency, under their hands, which 
 shall be deemed legal warning to such non-resident pro- 
 prietors to mend and repair their fence ; and on their 
 failure, the fence-viewers shall proceed in the same man- On fa'hire O f 
 ner, to repair such fence, and shall have the same recom- p^ri^tors" 
 pence and remedy as in case of the neglect or default of fence-viewers 
 resident proprietors. Provided, that where the fence- hal1 re P air 
 viewers repair the fence of a non-resident proprietor, an 
 account of the expence shall be presented to, and demand 
 made of, the clerk of the common field, who shall make 
 an entry thereof ; which shall be deemed as effectual, as 
 if presented to, and demand made of, such non-resident 
 proprietors.
 
 166 Title 33. Ferries. 
 
 Proprietors SECT. 23. The proprietors of any common field, in 
 
 may establish j aw f u j meeting, by a major vote, computed according to 
 
 age" ( interest, may establish the fee to be paid by the owner of 
 
 any horse, cattle or sheep, impounded from the common 
 
 field : Provided, that it shall not be more than fifty cents 
 
 per head for horses and neat-cattle, and five cents, five 
 
 mills, per head, for sheep. 
 
 Particular fields SECT. 24. When adjoining proprietors of land, in a 
 common ^ e ^5 sna ^ fence and occupy any particular 
 fields or inclosures, in severalty, within such common 
 field, such particular inclosures shall be under the same 
 regulations, as to fencing, and in all other respects, as par- 
 ticular inclosures, not within a common field, are, by this 
 act. Provided, that the proprietors of common fields 
 may, at a legal meeting, make any special regulations 
 that they may think proper, respecting the fencing of par- 
 ticular fields and inclosures within such common fields. 
 
 TITLE 33. Ferries. 
 An Act relating to Ferries, 
 
 . TJ E it enacted by the Senate and House of Rep- 
 _D resenlatives,in General Assembly convened, 
 
 Towns liable to That it shall be the duty of every town, except otherwise 
 keep and main- provided in this act, within whose limits, a ferry is now 
 tain ferries. established and used, or in which a ferry may be hereaf- 
 ter established and used, to keep the same in good order, 
 and see that it be furnished with all things necessary for 
 the complete and safe enjoyment thereof, by the public, 
 in the manner hereinafter provided ; and when any ferry 
 is established and used, or hereafter shall be established 
 and used, across any stream or body of water, that is the 
 division line between any two towns, it shall be the duty 
 of those towns, between which the ferry is, or may be, 
 to see that the same be kept and furnished as aforesaid, 
 at the equal expense of those towns, unless it shall be 
 otherwise agreed between them. Provided nevertheless, 
 that, where in any particular case, any person, persons 
 or corporation, are or shall be liable by law, contract or 
 otherwise, to keep and maintain any particular ferry, in 
 any town, or between any two towns, such town or towns, 
 shall be enabled to enforce such liability, against such 
 person, persons or corporation, and obtain from them, an 
 F . indemnity for all costs and charges they may be subject- 
 
 furnished with e ^ to, by force of this act. 
 
 boats, &c. SECT. 2. Every ferry shall be furnished and provided 
 
 with a good tight boat or boats, and scow, if necessary.
 
 Title 33. Ferries. 167 
 
 of sufficient number, dimensions, strength and steadiness, 
 for the safe and speedy transportation of passengers, their 
 teams, cattle, horses or other creatures ; and said boat, 
 boats or scows, shall, at all times, be well furnished with 
 suitable oars, and other implements necessary for the 
 service, and also with men of sufficient number, strength, 
 discretion and skill, to manage the same ; and there shall 
 be erected at each ferry, and at all times kept in good 
 repair, all necessary wharves at the places of embarking 
 and landing, that passengers, their teams, cattle, horses 
 and other creatures, may be embarked and landed, withr 
 out danger, or unnecessary delay. 
 
 SECT. 3. The ferry-men employed to*manage the fer- The ferry-men 
 ry-boats and scows, and tend the ferry, shall, at the tg| vestric tat- 
 f f i-- u j-u i.- i j tention, &c. 
 
 terries, lor which they are respectively employed, give 
 
 constant and diligent attention to that business, from sun- 
 rise, until nine of the clock at night, from the first of 
 April to the first of October, in each year, and until eight 
 of the clock at night, from the first of October to the first 
 of April ; and shall not deny or delay, the speedy carry- 
 ing over of any passenger, his team, cattle, horses or 
 other creature. Provided that no ferry-man be compel- Proviso, 
 table to put off from shore, or attempt to pass any ferry, 
 when it manifestly appears to be hazardous so to do, by 
 reason of any storm, tempest or ice. 
 
 SECT. 4. The owner or owners, keeper or keepers of The owners, 
 
 any ferry, authorized and established by law, and kept &tc ;.,, *, t err lt s> 
 ,/'. -, J . ' . ., v f entitled to the 
 
 agreeably to this act, snail have the exclusive privilege oi emoluments. 
 
 the transportation across the same, of all passengers, their 
 teams, horses, cattle, and other property, from the place 
 where such ferry is established, to every other ferry-place, 
 or usual place of landing, and be entitled to all the fare 
 by law arising therefrom. Provided, that nothing herein Proviso, 
 contained, shall be construed, to prevent any person 
 from passing such ferry, in his own, or his neighbors' 
 boats, or canoes, on his or their own business. 
 
 SECT. 5. The fares that are, or may be stated and fixed The fares, stat- 
 by the general assembly, for each ferry, and no other, ed by the gen- 
 may be demanded and received, for the transportation of ^ bTrecelv- 
 any persons, their teams, cattle, horses and other proper- ed, and no oth- 
 ty over the same ; and every ferry-man, or other person er > 
 employed at a ferry, that shall demand and take more 
 than the fare so stated and fixed, shall forfeit the sum of 6n penally, 
 three dollars, to any informer, who shall sue for and re- 
 cover the same ; in the trial whereof no appeal shall be 
 allowed. 
 
 SECT. 6. On each side of every river, or body of wa- A post with the 
 ter, where a ferry is, or may be authorised, and estab- bYkep"ateach 
 lished, there shall be fixed a post, with the several fares,
 
 168 
 
 Title 33. Ferries. 
 
 . ferry ,on forfeit- allowed by law for such ferry, written thereon in large 
 letters, so near the place, where passengers enter the. 
 boat, used for such ferry, that the same, with the writing 
 thereon, shall be open and legible to such passengers : 
 and if at any time, any ferry-place shall be deficient in 
 such post, no fare shall be receivable thereat, during such 
 deficiency. 
 
 The senate to ' SECT. 7. The senate shall annually appoint two com- 
 appomt two ,,,, J . rr . ., . 
 
 commissioners missioners on each and every of the ferries, in this state, 
 
 for each ferry; except on the Middletown ferry, who shall be denomin- 
 ated commissioners of ferries ; whose duty it shall be, as 
 
 thir duty; often as, in their opinion, the public good shall require 
 it, carefully to mquire into the management of the ferry, 
 over which they shall respectively be appointed ; to in- 
 spect the boats, scows and oars, used at said ferry ; and 
 the wharves, causeways and landing-places, appurtenant 
 thereto ; and to see whether said ferry be kept and at- 
 tended, by suitable ferry-men, and according to law. 
 And if said commissioners shall, at any time, find, that 
 said wharves, causeways, landing-places, boats, scows and 
 
 may order re- oars, or any or either of them, are not in good repair, or 
 
 pairs, &c. by convenient and suitable for the purpose of said ferry, or 
 
 select-men of ,1 , -, f . 
 
 towns, in a "m said ferry is, in any respect, not kept and mamtam- 
 
 limited time, ed according to law, it shall be the duty of such commis- 
 sioners, to notify one or more of the select-men of the 
 town, in which such ferry is, or of the towns between 
 which such ferry is, (where such ferry shall be over a 
 stream, or body of water, dividing two towns,) in writing, 
 pointing out, particularly, the defect or deficiency com- 
 plained of, or noticed by them, with an order to such 
 select-men, that such defect or deficiency, relative to 
 such ferry, be repaired, or furnished, according to law. 
 by said town or towns, within a reasonable time, limit- 
 On failure of e d m sucn order ; and in case the said order is not com- 
 repalr&Tthe 1 * P ne d with, by said town, or towns, in the time therein 
 commissioners limited, it shall be the duty of said commissioners, to 
 - J hena ' cause such deficiency or defects to be repaired, and fur- 
 t n * s hed and supplied, as soon as possible, to answer the 
 to the county law, and make report of the expense of the same to the 
 
 court, to be al- CO unty court, in the county where such town or towns, 
 lowed and re- * -,, ... J , , i 11 r i 
 
 covered against or one * them, is situate ; and such court shall liquidate 
 the towns. said expence, and grant execution therefor, in favor of 
 
 said commissioners, against such town or towns. 
 Commissioners SECT> 8> j f th commissioners of any ferry, shall find 
 may suspend or ,. ,, , . '. .- ',. 
 
 dismiss ferry- anv terry-man negligent 01 his duty, in attending said 
 men ; ferry, or unqualified for the same, they shall have power 
 
 to suspend, or displace such negligent or unqualified fer- 
 ry-man ; giving written notice of the same to the town or 
 towns, through their select-men, whose duty it is made
 
 Title 33. Ferries. 
 
 by this act, to sec that said ferry is kept and maintained ; 
 and thereupon it shall not be lawful for such ferry-man, 
 to attend said ferry, until said suspension shall have ex- 
 pired, or until he shall be restored by said commission- 
 ers ; and said town or towns, shall thereupon employ an- 
 other man, to attend said ferry : and the number of ferry- and pi-escribe 
 men to attend each boat, shall be prescribed by the com- fcJLIJUS'foJ 1 
 missioners. And in case the said town or town/3, when each boat, 
 notified as aforesaid, shall not forthwith employ another, 
 or a suitable number of ferry-men, it shall be the duty of 
 the commissioners to employ one, or a suitable number, Towns to fur 
 at the expence of such town or towns, so long as such commissioners 1 
 town or towns continue in such neglect; and such ex- may at ther ex- 
 pence shall be liquidated and recovered in manner afore- pence, 
 said. 
 
 SECT. 9. At each of the ferries of New-London, Say- T e ferries oi 
 brook and Middletown, and at all others, that are, or may sa^brook, and 
 be, so directed, by the general assembly, two good and Middletown, to 
 sufficient boats, shall be constantly kept, for the use of be . furnished 
 the same 5 and for the more speedy accommodation of w 
 passengers, the ferry-men employed at those ferries, shall How mana?e( ] 
 not suffer both of the boats to lie at the same time, on one- 
 side of the ferry, but as soon as one boat ha^ crossed such 
 ferry, the other boat shall immediately put off, and go to 
 the other side, whether there be any passengers ready to 
 jo over or not, unless the other boat shall immediately 
 return : and when any passengers are waiting on the 
 other side of the ferry, after the boat from that side has 
 put off, the other ferry-boat shall immediately put off, to 
 carry over the passengers ; and if any ferry-man or ferry- Penalty on fer,- 
 men, shall neglect to conform to the true intent and mean- r y- man i for 
 ing of this section, he or they, for every suqh offence, or negec 
 neglect, shall forfeit and pay the sum of three dollars, to 
 any person who shall sue for and prosecute the same, to 
 effect. Provided nevertheless, that at the ferry at Mid- 
 dletown, during stormy, tempestuous weather, and at town f err y 
 flood time, one boat only shall be used, which shall be 
 manned by all the men belonging to both boats, and shall 
 be regularly and vigilantly attended. 
 
 SECT. 10. The ferry across Connecticut river, between The ferry of 
 the towns of Middletown and Chatham, shall be kept {^ Ie t to b wn tl 
 and maintained exclusively, by the Colchester and Chat- colchestef and 
 ham turnpike company ; and the said company shall Chatham turn, 
 have and possess the said ferry, with all its appurten- P lke com P an , v 
 ances and privileges, in as full and ample a manner as 
 they have been heretofore possessed and enjoyed, by the 
 town of Middletown ; and said company shall become 
 bound, in the sum of two thousand dollars, with surety. 
 to the acceptance of the treasurer of this state, to keep 
 
 24
 
 170 Title 33. Femes. 
 
 How furnished, and maintain said ferry, as is in this act provided : and 
 in addition to the accommodations before in this act, 
 prescribed for ferries, the said turnpike company, shall, 
 at all times, provide a ferry-house, sufficient for the ac- 
 commodation of those, who attend said ferry, on each 
 side of the ferry, and near thereto, with sufficient land for 
 landing-places, and every thing necessary and conven- 
 ient for the transportation of carnages and stages over 
 Proviso. said ferry. Provided, that the said turnpike company, 
 
 in lieu of the two boats herein before prescribed, to be 
 kept at said ferry, may, if they deem it expedient, provide 
 One horse-boat, one good horse-boat, sufficient both for size, strength and 
 may be kepi, in steadiness, for the safe transportation of passengers. 
 stages, carnages, and every thing necessary to be trans- 
 ported in said boat, across said river, at said ferry ; which 
 boat shall be kept in constant readiness, with a sufficient 
 number of horses, and proper men, as circumstances may 
 require, to manage said boat in transporting passengers, 
 and whatever else may be necessary to be transported as 
 aforesaid; and said horse-boat shall be regularly and vig- 
 ilantly attended, and shall ply in such manner as shall, 
 in the opinion of the commissioners of said turnpike 
 road, who shall be commissioners of said ferry, accom- 
 modate the public equally with the mode prescribed in 
 this act, in relation to the two boats at said ferry. And 
 the said turnpike company, may divide the interest in 
 said ferry into such shares, and dispose of them in such 
 manner, as they may deem expedient. And the town of 
 New-London, or their lessees, may, in like manner, if 
 they deem it expedient, provide a horse-boat, at the ferry 
 Horse-boat at between the towns of New-London and Groton, provided 
 Is'ew-Loiidon. such boat shall, in the opinion of the commissioners of the 
 ferry, accommodate the public equally with the mode 
 prescribed by this act. 
 
 Saybrook ferry SECT. 11. The ferry between the towns of Saybrook 
 to be kept by an( j Lyme, called Saybrook ferry, shall be kept and main- 
 Sa e ybrook n and tained by said towns of Saybrook and Lyme ; and the 
 Lyme. town of Saybrook may receive all the fare and emoluments 
 
 accruing for the transportation of passengers, and of 
 The west side every thing necessary to be transported across said ferry, 
 Saybrook P >Y fr m the west side of said ferry, to the east side thereof ; 
 and shall be liable to all the expense of keeping in good 
 and sufficient repair the highway or pathway leading to 
 said ferry, on the west side thereof, which shall be kept 
 above the tides ; and of keeping in repair the wharf, cause- 
 way, landing-places and steps on said west side ; which 
 wharf and causeway, shall, at all times, be kept raised 
 six t'eet higher than low water mark, and shall be. at least 
 eighteen feet wide j and said town shall be liable for one
 
 Title 33. Ferries. 17} 
 
 alf of the expense of providing and keeping in repair, 
 of manning and furnishing, all hoats and scows, necessa- 
 ry to be used at said ferry, and as shall be directed by 
 the commissioners thereof. And the said town of Lyme, 
 may receive all the fare and emoluments, accruing for the The east side 
 transportation of passengers, and of every thing neces- t be keilt ^ 
 sary to be transported across said ferry, from the east 
 side to the west side thereof; and shall be liable to all 
 the expense of keeping in good and sufficient repair, the 
 highway leading to the said ferry-place, on the east side 
 thereof, which shall, at all times, be kept above the tides ; 
 and of building, or keeping in repair, the wharf, cause- 
 way, landing-places and steps, on the east side of said 
 ferry ; which shall be of the same height and width, and. 
 in all respects, kept in the same manner, as is, in this sec- 
 tion, provided for the wharf, &c. on the west side of 
 said ferry ; and said town of Lyme shall be liable, for 
 the other half of the expense of providing and keeping 
 in repair, of manning and furnishing, all boats and scows 
 necessary to be used at said ferry, and as shall be direct- 
 ed by the commissioners thereof : Provided nevertheless, Commission- 
 that said commissioners may, at any time, according to ers ma y deter- 
 the circumstances of the case, determine what part of ^'"tion of P e- 
 said expense, as well as what part of their own compcn- pense, which 
 sation, shall be paid by one or the other of said towns, eac|1 town 
 which shall then be paid according to such dctermina- sha " Po- 
 tion. 
 
 SECT. 12. The commissioners of ferries shall be al- Compensation 
 lowed, for their time and expenses, in attending to the 
 duties of their office, the same compensation, which, by 
 law is, or may be, allowed, to commissioners of turnpike 
 roads ; which compensation shall be paid, by the town or 
 towns, so keeping, or corporations, liable by this act, to 
 keep and maintain the ferry, of which the said commis- 
 sioners shall be, respectively, appointed. 
 
 SECT. 13. The fares of the several ferries hereinafter Fares offer- 
 named, shall be as follows to wit : At New-London fer- SeV-Lo^do.n 
 ry, Middletown ferry, Chapman's ferry, Brockway's fer- Middletoun, 
 ry, Warner's ferry, Higganum's ferry, Haddam-Island Chapman's 
 ferry, East-Haddam ferry, and Middle-Haddam-landing ^^f'*' 
 ferry, for each man, horse and load, eight cents ; for Higganum's, 
 each footman, three cents ; for each led horse, five Haddam-isl- 
 cents ; for each ox, or other neat kine, eight cents ; for E n as J. Ha ddam 
 each sheep, swine or goat, one cent. And the fare for Middle-Had- 
 every two wheeled carriage, with one man and draft dam 
 horse, and for every four wheeled carriage, one man and 
 draft horse, or other beast, shall be double the fare of a 
 man, horse and load, as above sta^'l : and for every ad-
 
 1712 
 
 Title 33. Ferries. 
 
 Saybrook. 
 
 Derby.' 
 
 Cullick Ely's. 
 
 Socky-Hill. 
 
 Pratt's. 
 
 ditional person or hofce, or other beast, the same as 
 above stated. 
 
 SECT. 14. At Saybrook ferry, from first of October t6 
 first of April ; for each man, horse and load, fourteen 
 cents ; for each footman, six cents : for each led horse 
 eleven cents ; for each ox, or other neat kine, fourteen 
 cents ; for each sheep, swine or goat, two cents ; and 
 from first of April to first of October ; for man, horse 
 and load, eleven cents ; for each footman, four cents ; 
 for each led horse, eight cents ; for each ox, or other 
 neat kine, twelve cents -, for each sheep, swine or goat, 
 one cent. 
 
 SECT. 15. At Derby ferry ; for each man, horse and 
 load, four cents ; for each footman, one cent ; for each 
 led horsey two cents ; for each ox, or other neat kine, 
 four cents ; for each sheep, swine or goat, four mills. 
 
 SECT. 16. At Cullick Ely's ferry ; for each man, horse 
 and load, twelve and a half cents , for each footman, 
 four cents ; for each led horse, ten cents ; for each ox, or 
 other neat kine, twelve and half cents ; for each sheep, 
 swine or goat, one cent and fouf mills. And at the three 
 last mentioned ferries, the fare for every two wheeled 
 carriage, with one man and draft horse, shall be double ; 
 and for every four wheeled carriage, one man and draft 
 horse, treble the fare for man, horse and load, as is here* 
 in for each of said ferries respectively stated ; and for 
 every additional person or horse, or other beast, the 
 same, as herein for each stated. 
 
 SECT. 17. At Rocky-Hill ferry, between Wethersfield 
 and Glastenbury ; for each man and horse, each ox or 
 other neat kine, four cents ; for each footman, three 
 Cents ; for each sheep or swine, one cent ; for each 
 wheeled carriage, sled or sleigh, and driver, drawn by one 
 horse, eight cents ; for each pleasure carriage, sled, or 
 sleigh, stage, cart, waggon and driver, drawn by two 
 horses, oxen or mules, fifteen cents ; for each additional 
 horse, ox or mule, two cents. 
 
 SECT. 18. At Pratt's ferry, between Wethersfield and 
 Glastenbury ; for each man, horse and load, six cents ; 
 for each footman, three cents ; for each led horse, three 
 cents ; for each ox, or other neat kine, six cents ; for 
 each sheep, swine or goat, one cent ; for each wheeled 
 carriage, sled or sleigh, and driver, drawn by one horse, 
 ten cents ; for each four wheeled carriage, or sleigh, and 
 driver, drawn by two horses, fifteen cents ; for each load- 
 ed cart, waggon or sled, and driver, drawn by two oxen, 
 twenty-five cents ; for each empty cart, waggon or sled, 
 and driver, drawn by two oxen, twelve and half cents ; 
 for each additional ox or horse, three cents.
 
 Title 33. Ferries. 173 
 
 SECT. 19. At Kenny's ferry, in Wetherslield. and Kenny's and 
 Ring's ferry, in Suffield ; for each man, horse and load, King's, 
 four cents ; for each footman two cents ; for each led 
 horse, three cents ; for each ox, or other neat kine, four 
 cents ; for each sheep, swine or goat, one cent ; for each 
 two wheeled carriage, one man and draft horse, nine 
 cents ; for each four wheeled carriage, one man and draft 
 horse, twelve and half cents ; for each ox team, one man, 
 two oxen and load, twenty cents ; for each waggon, one 
 man, two horses and load, fifteen and half cents ; and for 
 every additional person, horse, or other beast, the same 
 as above stated. 
 
 SECT. 20. At East-Windsor ferry, at the mouth of Scan- Scantick, 
 tick ; for each man and horse, each ox, or other neat 
 kinc, eight cents ; for each led, or draft horse or mule, 
 four cents; for each footman, three cents; for each 
 sheep, swine or goat, one and half cent ; for each wheel- 
 ed carrige, sled or sleigh, and driver, drawn by one horse, 
 twelve and half cents ; for each pleasure carriage, sleigh 
 or sled, stage, cart, waggon and driver, drawn by two 
 oxen, horses or mules, twenty-five cents ; for each addi- 
 tional ox, horse or mule, four cents. 
 
 SECT. 21. At East- Windsor ferry, at the Warehouse- Warehouse 
 point ; for each man, horse and load, six and quarter P oint - 
 cents ; for each man, horse and load, from first of Decem- 
 ber, to first of June, twelve and half cents ; for each 
 footman, two cents ; for each led horse, four cents ; for 
 each led horse, from the first of December, to the first of 
 June, six and quarter cents ; for each ox, or other neat 
 kinc, six and quarter cents ; for each sheep, swine or goat, 
 seven mills ; for each two wheeled carriage, one man 
 and draft horse, twelve and half cents ; for each four 
 wheeled carriage, one man and draft horse, eighteen and 
 three quarters cents ; for each ox team, one man, two 
 oxen and load, twenty-nine cents ; for each waggon, one 
 man, two horses and load, twenty-five cents ; and for ev- 
 ery additional person, or horse, or other beast, the same 
 as above stated. 
 
 SECT. 22. At Enfield and Suflield ferry, at the mouth Enfield and 
 of fresh-water brook ; for a man, horse and load, four Suffield - 
 cents ; for each footman two cents ; for each led or draft 
 horse, three cents ; for each ox, or other neat kine, four 
 cents ; for each sheep, swine, or goat, six mills ; for each 
 two wheeled carriage, one man and horse, nine cents ; for 
 each four wheeled carriage, one man and horse, twelve 
 and half cents ; for each four wheeled carriage, one man 
 and two horses, seventeen cents ; for each four cattle 
 team, with one man, cart, waggon or sled, twenty-five
 
 174 
 
 Title 34. Firemen Title 35. Fisheries. 
 
 l)erby Nar- 
 rows. 
 
 Fares for four 
 wheeled car- 
 riages drawn 
 by one horse. 
 
 cents ; and for every additional person, horse, ox, or oth- 
 er neat kine, the same as above stated. 
 
 SECT. 23. At Derby ferry, at the Narrows ; for each 
 man, horse and load, six cents ; for each footman, tbree 
 cents 5 for each led horse, four cents ; for each ox, or 
 other neat kine, six cents ; for each two wheeled, or four 
 wheeled cariage, with one man and one horse, twelve 
 and half cents ; for each four wheeled carriage, with one 
 man and two horses, twenty-five cents ; for each swine, 
 sheep or goat, one cent ; for each additional person, or 
 horse, or other beast, the same as above stated. 
 
 SECT. 24. The fares of the several ferries for four- 
 Avheeled carriages drawn by one horse, shall be the same 
 as for two wheeled carriages drawn by one horse. 
 
 TITLE 34. Firemen. 
 
 An Act respecting Firemen and Fire Companies. 
 
 B 
 
 )E it enacted by the Senate and House of Representa- 
 tives in General Assembly convened, That in the ap- 
 pointment of men to serve in the several engine compa- 
 Age of mem- nies in this state regard shall be had, to the age of 
 
 bers of engine persons to be appointed, so that said companies may be 
 companies. ,. , .,, , ,. r ,, r ,., Jj. 
 
 supplied with their quota of men 01 the age of twenty-five 
 
 years and upwards but said men are in no case to be 
 appointed from any enlisted company or companies ; an\ 
 law to the contrary notwithstanding. 
 
 TITLE 35. Fisheries. 
 
 Towns em- 
 powered to 
 make by-laws 
 for the regu- 
 lation of fish- 
 eries. 
 
 Limitation of 
 penalty. 
 
 Towns to 
 make by-laws 
 respecting 
 fishing of oys- 
 ters and clams. 
 
 An Act for encouraging and regulating Fishe- 
 ries. 
 
 ' 
 
 TJE it enacted by the Senate and House of Rep f 
 J * * JLP resentatives in General Assembly convened^ 
 That every town shall have power and authority, in town 
 meetings, to make by-laws for the regulation of fisheries 
 in the streams within their respective limits, and for the 
 preservation offish therein, and to impose such penalties 
 for the breach thereof as they may think proper ; provi- 
 ded that no penalty shall exceed the sum of seventeen 
 dollars ; and no by-law shall be contrary to the laws of 
 the state. And every town, having clams and oysters 
 within their respective limits, or in the waters and flat? 
 to them adjoining and belonging, shall have power to 
 make by-laws to regulate the .fisheries of such clams and
 
 Title 35. Fisheries. 
 
 oyster's, and to preserve the same ; and to impose such /, 
 penalties, not exceeding seventeen dollars, for the breach 
 of such by-laws, as they may think proper. 
 
 SECT. 2. No person or persons, shall take or catch any Connecticut 
 shad or salmon in Connecticut river, at any other time river - 
 than between the fifteenth day of March, and the twen- Tim eoffisb.ng. 
 ty-fifth day of June, in each year ; and within that period, 
 no person or persons shall set or draw any net, seine, or 
 seines, for the purpose of taking fish in said river, at any 
 other time than between the rising of the sun on Monday 
 morning and the setting of the sun on Saturday evening, 
 of each week ; and every person, who shall, at any other 
 time, take any shad or salmon, or set or draw any net or 
 seine, in said river, or be aiding or assisting therein, shall 
 forfeit and pay the sum of one hundred dollars, to the 
 treasury of the state. 
 
 SECT. 3. All nets, seines and boats, used in fishing, con- Forfeitures of 
 trary to this act, on said Connecticut river, except so bo'atTuse^d con- 
 much thereof, as relates to the length of seines, or shall be trary to law. 
 used in any other river, contrary to the statutes of the 
 state, regulating the shad-fishery, where the same may be 
 so used, except as aforesaid, shall be forfeited, to him or 
 them who shall complain and inform, and shall prosecute 
 his or their information to effect. And upon complaint Mode of pros- 
 and information, to any justice of the peace, in anycoun- ecution, 
 ty where such nets, seines, or boats may have been so used, 
 or may be found, such justice is hereby empowered to is- 
 sue his warrant, taking good and sufficient bond for pros- 
 ecution, directed to some proper officer, or, in case of ne- 
 cessity, to some indifferent freeholder, requiring them to 
 seize such net, seine, or boat, and hold the same : who 
 shall forthwith give notice to the owner or owners there- 
 of by reading said complaint and warrant, in his or their 
 hearing, or by leaving at his or their usual place or pla- 
 ces of abode, a true and attested copy of the same, to ap- 
 pear before said justice ; and if said justice, after having 
 heard said complaint or information, and the testimony 
 adduced by the parties, shall be of opinion, that said net, 
 seine, or boat, has been used contrary to law, such justice 
 shall order said officer, or indifferent freeholder, to hold 
 such net, seine, or boat, unless the same shall be replevied 
 according to law, until final judgment shall be rendered 
 on the same, in the county court, in the county where the 
 offence shall have been committed, to which court said 
 complaint or information shall be removed, by such jus- 
 tice. But if such justice, after hearing such complaint 
 or information, shall be of opinion, that said net, seine, or 
 boat, seized as aforesaid, has not been used contrary to 
 law, then he shall dismiss such prosecution, and the own-
 
 176 
 
 Title 35. Fisheries. 
 
 Fishing with 
 drift, drag, or 
 gill nets, within 
 certain limits, 
 prohibited ; 
 
 and the net to 
 be deemed a 
 common nui- 
 sance. 
 
 Nets, seines, 
 boats, &tc. used 
 contrary to law, 
 1o be forfeited. 
 
 information. 
 
 Adjournment. 
 Notice. 
 
 Trial 
 
 Sale 
 
 Disposition of 
 avails. 
 
 er or owners of said net, seine or boat, shall recover hi* 
 or their costs. 
 
 SECT. 4. If any person shall set, use, or draw any drift, 
 drag or gill net, or aid or assist therein, upon or across 
 any located or private fishery in Connecticut river, or in 
 said river below a line drawn directly across it from Lyme 
 ferry wharf, or in Long-Island sound, within three miles 
 easterly, southerly, or westerly of a line drawn across 
 said river, due east from Saybrook light-house, such per- 
 sons shall forfeit and pay a fine of fifty dollars to the treas- 
 ury of the county where the offence shall be committed ; 
 and every such drag, drift, or gill net, so set, used, or 
 drawn below said line, from Saybrook to Lyme ferry 
 wharf, or in Long-Island sound, within three miles easter- 
 ly, southerly or westerly of said line, drawn due east from 
 Saybrook light-house, shall be deemed a common nui- 
 sance, and may be taken, abated, and destroyed by any 
 person as such. 
 
 SECT. 5. All and any nets, sein.es, boats or other fish- 
 ing apparatus, used on Connecticut river, contrary to 
 law, shall thereby be forfeited, and may, at any time 
 thereafter, within six months, be seized, by any constable 
 or gran/I juror of the town, in which the same may have 
 been unlawfully used, or in which the same may be found 
 or by any sheriff, deputy sheriff, or attorney for the 
 state of the county in which such town may be situated : 
 and it shall be the duty of each of said several officers, on 
 view or notice, to make such seizure accordingly : and 
 the officer so seizing shall, within five days thereafter, file 
 an information against such boat, net, seine or seines, or 
 other fishing apparatus before a justice of the peace of 
 the town where such seizure was made, or an adjoining 
 town ; and said justice shall adjourn the trial of said in- 
 formation for seven days from the filing thereof, and fix 
 the time and place of trial, of which public notice shall be 
 given by the seizing officer, by advertisement on the pub- 
 lic sign post in the town where such seizure may have 
 been made at least five days before the time of trial, that 
 all persons interested may, if they see cause, appear and 
 be made joint or several respondents and be heard and. 
 ^aid justice shall proceed to hear and determine such in 
 formation and if such boat, net, seine or seines or other 
 fishing apparatus shall be adjudged forfeited, said justice 
 shall order a sale thereof, by a sheriff, deputy sheriff or 
 constable, at public or private sale, and the avails thereof 
 shall be paid over to said justice, who after deducting the 
 costs and charges of condemnation and sale, which heshall 
 pay over to the persons respectively entitled thereto, he 
 shall pay the residue thereof into the treasury of the town
 
 Title 35. Fisheries. 177 
 
 v*hefe such seizure was made if the property so adjudg- 
 ed to be forfeited shall exceed in value the sum of seven 
 dollars, of which the justice shall be the judge, an appeal Appeal, 
 shall he allowed to the next county court, in the county 
 where the said trial may have been had in case of an 
 appeal the claimant or claimants so appealing shall give 
 'bond with surety to the treasurer of the town, where such Bond, 
 seizure is made, to prosecute the appeal to effect, and 
 pay all cost and damages if the plea be not made good. 
 
 SECT. 6. The person or persons using any net, seine, The persou 
 
 seines or boat or other fishing apparatus used contrary to t sm . s ,f n ^ netj 
 ~ ,, . -IT,, ' fiic.tobe deem- 
 
 the provisions ot this act, may be considered the owner e d the owner. 
 
 or owners thereof, in any complaint or information com- 
 menced to procure a condemnation or forfeiture and 
 the remedies, fines and forfeitures provided by the fifth Remedies, fines 
 and sixth sections, shall be deemed and considered to be *d forfe'* 01 * 8 
 in addition to the remedies, fines and forfeitures previ- be considered 
 ously prescribed in this act. additional. 
 
 SECT. 7. No person or persons shall draw or use any ousatonic riv- 
 Seine, or other fish-craft, for the taking of fish, in Ousa- er - 
 tonic river, or any part thereof, except between the rising Timje of fishing' 
 of the sun on Monday morning, and the rising of the sun 
 on Saturday morning, in each week, in the months of 
 April, May, June and July, annually, on the penalty of 
 forfeiting one hundred dollars, and the seine, or other im- 
 plements made use of in taking fish, to him who shall sue 
 therefor, and prosecute his suit to effect. 
 
 SECT. 8. No person shall set or draw any seine, for the Time of fishing 
 
 purpose of catching fish, between the fifteenth day of f * th ? moirta Ol 
 
 ~ T the nvejp, 
 
 March, and the fifteenth day 01 June, in any year, near 
 
 the mouth of Ousatonic river, between the place called 
 Half-moon-point, or Quimbo's-neck-poirit, or south of 
 an cast or west line, from said Quimbo's-neck-point to 
 Milford-beach-point, or within half a mile east and west, 
 on each side of the mouth of said river : and not more 
 than one seine shall be used during each tide, at any fish- 
 ing-place, on any part of said river. And no seine shall 
 be used in said river of a greater length than thirty rods, Length of sein^ 
 en pain of forfeiting fourteen dollars, one half to him who 
 shall sue therefor, and prosecute his suit to effect, and 
 the other half to the treasury of the county wherein the 
 offence is committed , and also the seine, ropes, and other 
 implements, so used for catching fish, to be appropriated 
 as aforesaid. 
 
 SECT. 9. No eel wears, eel racks, or walls, with eel Obstruction of 
 pots or dams, for the purpose of catching fish, or other ^ rfve^befow 
 purposes, shall be set, erected or made in, on, or across New-Miiford 
 the Ousatonic river, at any place below, New-Milford fails, projijb.it- 
 iialls, at any season of the year, which will impede or oh- e
 
 178 Title 35. Fisheries. 
 
 struct the natural and usual course of the fish, either up 
 or down said river ; and whosoever shall erect or make 
 
 Penally. any such obstruction, shall forfeit and pay the sum of one 
 
 hundred dollars, to the use of him who shall sue therefor, 
 
 /ion to Stl be an ^ P rosecu t e his suit to effect ; and every such wear, 
 
 deemed a com- wall, rack, or obstruction, shall be deemed a common 
 
 mon nuisance, nuisance, and may be removed as such. 
 
 SECT. 10. When any person or persons have been at 
 
 Fishing-places. ^ ^p^gg o f clearing any fishing-place or places, in 
 Ousatonic river, between the mouth thereof and Leaven- 
 worth's ferry, and have constantly used the same for ta- 
 king fish, in the season thereof ; or where any person or 
 persons shall hereafter clear any fishing-place, within 
 such limits, and constantly use the same, in the season 
 of fishing ; he or they shall be established in the full en- 
 joyment thereof, so long as he or they continue to use the 
 same, for the purpose of fishing, in the proper season, 
 and shall not be liable to any action for damages below 
 high-water mark. 
 
 No Tiush-seine SECT. 11. No person shall use any bush-seine in said 
 
 other "tftr - r * ver ' or m anv wav obstruct, incumber, or impede the 
 
 Hon. drawing of seines, or the taking of fish, in any of the fish- 
 
 ing-places, cleared as aforesaid, either by felling trees, 
 or by sinking logs, or other incumbrances therein, or in 
 any other manner ; on penalty of sixty-seven dollars, for 
 every such offence, one half to him who shall sue there- 
 for and prosecute his suit to effect, and the other half to 
 the treasury of the county wherein the conviction is had. 
 
 "VVindsor-ferry SECT. 12. No person or persons shall draw any seine 
 in Windsor-ferry river, for the purpose of taking fish, af- 
 
 'Time of fishing, ter the setting of the sun on Friday evening, and before 
 the setting of the sun on Monday evening, in any week, in 
 the months of May and June, annually ; nor drive the 
 fish, in any manner, so as to impede or divert them from 
 their natural or usual course, on penalty of thirty-four 
 dollars, one half to him who shall sue therefor, and pros- 
 ecute his suit to effect, and the other half to the treasury 
 of the county wherein the conviction is had. 
 
 No mill-dam to SECT. 13. No person or persons shall build or contin- 
 be erecied j r ,, j . . . .,, 
 
 without a ue a mill-dam, or other dam, across said river, in either 
 
 ay. of the towns of Windsor, Granby, Simsbury or Farming- 
 ton, unless he or they shall open a sluice-way in such 
 dam twelve feet in width, and within nine inches of the. 
 bottom of said river, and in a proper place convenient for 
 the passage of fish through such opening, and the same 
 sluice-way keep open the width and depth aforesaid, 
 from the tenth day of April to the twenty-fifth day of 
 June ; and whosoever shall be guilty of a breach of this 
 section of this act, shall forfeit and pay the sum of one
 
 Title 35. fisheries. 179 
 
 hundred dollars, one half to him or them who shall sun 
 therefor and prosecute his suit to effect, and the other 
 half to the treasury of the county wherein the offence is 
 committed : and the court before whom such conviction 
 is had, shall order such dam to be removed, at the ex- 
 pense of the owner or owners thereof: and every mill- 
 dam, so erected and continued on said river, where no 
 sluice-way is kept open, agreeably to the provisions of 
 this act, shall be deemed a common nuisance, and maybe 
 removed by any person whatsoever,. 
 
 SECT. 14. If any person or pers&is shall, at anytime No obstruction 
 between the twenty-fifth day of April and the tenth day to be made 
 of June, in each year, erect or place any gill-nets, pot- 
 nets, pounds, wears or any other obstructions, within 
 ten rods of the sluices in the dams erected in said river, 
 according to the provisions of this act, whereby the pas- 
 sage of the fish up the said sluices and river may be in- 
 terrupted or impeded ; such person or persons shall, for 
 every such offence, forfeit and pay the sum of one hun- 
 dred dollars, one half to him or them who shall sue there- 
 for, and prosecute his or their suit to effect, and the other 
 half to the treasury of the county wherein the offence is 
 committed. 
 
 SECT. 15. No person shall draw any seine, or other Quinebaug riv-* 
 fish-craft, in Quinebaug river, or in Shetucket river, below ei 
 the junction of that river with the Quinebaug, or fish 
 with scoop-nets, at any of the falls, dams or sluice-ways, 
 on said rivers, except between the setting of the sun on Timc f fi h'g- 
 Monday evening, and the rising of the sun on Friday 
 morning, in each week, in the months of April, May, and 
 June, annually, upon the penalty of one hundred dollars, 
 to the use of him who shall sue therefor, and prosecute 
 his suit to effect. 
 
 SECT. 16. No person shall draw any seine, or other Shetucket, 
 fish-craft, in Shetucket river, above the junction of that Vv iihmantic, 
 river with the Quinebaug, or in Willimantic, and Nachaug j^ers. 8 
 
 rivers, except between the setting of the sun on Monday _ 
 
 .,, . J Time of fishing, 
 
 evening, and the rising ol the sun on baturday morning, 
 
 in each week, in the months of April, May, and June, 
 annually, upon the penalty of one hundred dollars to the 
 use of him wht) shall sue therefor, and prosecute his suit 
 to effect. 
 
 SECT. 17. No eel-wears, or wall with eel-pots, shall Obstructions 
 be set, erected or made, on or across Quinebaug river pro 
 Shetucket river, Willimantic river, or Nachaug river, at 
 any season of the year, which will impede or obstruct the 
 natural and usual course and passage of the fish, either 
 fcp or down stream ; and whosoever shall be guilty of 
 making or erecting any such obstructions, shall forfeit
 
 180 Title 35. Fisheries. 
 
 thesnm of one hundred dollars, to the use of him who shall 
 sue therefor, and prosecute his suit to effect ; and on con- 
 viction, the court may order such obstructions to be re- 
 moved, at the expense of the persons who erected the 
 same : and every such obstruction shall be considered a 
 common nuisance, and may be removed as such. 
 
 Selden's cove, SECT. 13. No person shall draw any seine, or other 
 er'ln^-me" nsn ~ cra ftj m Selden's cove, Eight-mile river in Lyme, 
 and Sumner's nor in any of the streams that empty themselves into said 
 creek. rivers, nor in Sumner's creek in Middletown, except 
 
 between the setting oflttie sun on Monday evening, and 
 Time of fisbmg. ^ r j s j n g o f u lc sun on Saturday morning, in each week, 
 in the months of April, May, and June, annually, on pen- 
 alty of fourteen dollars, one half to him who shall sue 
 therefor, and prosecute his suit to effect, and the other 
 half to the use of the town wherein the offence is com- 
 mitted : which penalty may be recovered in an action 
 brought before a justice of the peace ; and no appeal 
 shall be allowed. 
 
 Obstructions SECT. 19. No wears, hedges, fish-garths, or other ob- 
 prohibUed. structions or incumbrances, shall be erected or made, on 
 or across, Windsor-ferry river, Selden's cove, or Eight- 
 mile river in Lyme, nor any of the streams that empty 
 themselves into them, or on, or across Sumner's creek 
 in Middletown, or in Quinebaug. Shetucket, Willimantic 
 or Nachaug rivers, so as to impede or obstruct the natur- 
 al and usual course and passage of the fish, in their sea- 
 sons, up, or in any of said rivers, coves, or creeks ; and 
 whosoever shall be guilty of a breach of this section, shall 
 forfeit one hundred dollars, to any person who shall sue 
 therefor, and prosecute his suit to effect : and the court 
 shall order every such obstruction to be removed, at the 
 expense of the party who erected it ; and the same shall 
 be deemed a common nuisance, and may be removed a^ 
 such : Provided, that no person shall remove any mill- 
 dam, until the same has been adjudged to be a nuisance, 
 by the superior or county court. 
 
 Fishery in the SECT. 20. No person or persons shall draw any seine, 
 river Thames O r other fish craft in the river Thames, above a line drawn 
 due east from Winthrop's point to Groton shore, except- 
 ing between the Setting of the sun on Monday evening, 
 and the rising of the sun on Saturday morning, in each 
 week, from the twentieth day of April, to the twentieth 
 day of June, in each year, on penalty of one hundred 
 dollars, to the use of the person who shall sue therefor, 
 and prosecute such suit to effect. 
 
 Obstructions SECT. 21. No wears," hedges, fish-garths, or other ob- 
 
 probibited. structions, or incumbrances, shall be set, erected, or 
 
 made, on or across the river Thames, above the south line
 
 Title 35. Fisheries. J81 
 
 of Paukatannac cove, so as to impede or obstruct tin 
 natura; and usual course and passage of the fish, in their 
 season, in, or up said river : and whosoever shall be guil- 
 ty of a violation of this section, shall forfeit one hundred 
 dollars, to the use of him who shall sue therefor, and 
 prosecute his suit to effect. 
 
 SECT. 22. Keys' brook, that runs from Quinebaug Ke y. s ' brook, IL 
 pond to Quinebaug river, in the town of Killingly, for the 
 purpose of fishing therein, shall be divided into two parts; Two parts, 
 that is, the first part extending from the said river east- 
 ward, to the public road that crosses said brook, and the 
 second part shall extend from said road eastward to said 
 pond ; and no person or persons shall fish, with any scoop- 
 net, seine, or other fish-craft, in the first part of said 
 brook, except between the rising of the sun on Monday 
 morning, and the rising of the sun on Wednesday morn- 
 ing : and no person or persons shall fish, with any scoop- 
 net, seine, or other fish-craft, in the other part of said 
 brook, except between the rising of the sun on Wednes- Time of fishing, 
 day morning, and the rising of the sun on Friday morn- 
 ing, in each week, during the months of April, May, and 
 June, in each year : and whosoever shall be guilty of a 
 breach of this section, or be aiding, or abetting therein, 
 shall forfeit thirty-four dollars, to the use of him who may 
 sue therefor, and prosecute his suit to effect. 
 
 SECT. 23. No person shall, at any time, during flood New-Haven 
 tide, station or draw any seine, or other fish-craft, in 
 New-Haven east-river, between Mansfield's bridge and 
 Doolittle's mills, or in said river below Doolittle's mills : 
 and no person shall set or draw any seine, or other 
 lish-craft, in said river, between the bridge and mills Time of fishing, 
 aforesaid, from the setting of the sun on Wednesday 
 evening, until the setting of the sun, on Thursday 
 evening, in each week : and every person guilty of a 
 breach of this section, shall forfeit the sum of fourteen 
 dollars, one half to him who shall sue therefor, and prose- 
 cute his suit to effect, and the other half to the treasury 
 of the county, wherein the offence is committed ; and 
 shall also forfeit the seine, ropes, and other implements 
 used for catching fish, contrary to this section, to be ap- 
 propriated as aforesaid. 
 
 SECT. 24. No person shall set or draw any seine, or Obstructions 
 otherwise obstruct the course of the fish, into, or up Sel- prohibited, 
 den's creek in Lyme, within forty rods eastward of the 
 mouth of said creek, on Connecticut river, or within sixty 
 rods within said creek, or at any place below the Ho- 
 mock, on penalty of forfeiting thirty-four dollars, to him 
 who shall sue therefor, and prosecute his suit to effect ; 
 provided that the proprietors of the Hpmock may, at all
 
 182 
 
 Title 35. Fisheries. 
 
 Obstructions 
 in Faukatuck 
 river prohibit- 
 ed. 
 
 Times offish- 
 ing. 
 
 Passages to 
 be kept open 
 through mill- 
 danrs. 
 
 Penalty for 
 refusal. 
 
 seasons fish at that place ; and the proprietors of land 
 adjoining said creek, below the Homock, not within sixty 
 rods of the mouth of the creek, may fish on their, own 
 land, on the tide of ebb only, after the eighteenth day of 
 May, annually. 
 
 SECT. 25. No wear, pound or other obstruction, shall 
 be erected, or continued in the channel of Paukatuck 
 river, dividing the states of Connecticutand Rhode-Island, 
 so as to interfere with the m&in channel of said river, 
 upon penalty of twenty dollars, for the first offence, and 
 seven dollars for every twenty-four hours, or any less 
 space of time, any such wear or other obstruction shall 
 be continued in the main channel of said river, after the 
 first offence. 
 
 SECT. 26. No person or persons, shall be permitted 
 to draw any seine or seines in said Paukatuck river, 
 from the twentieth day of March, to the first day of 
 June, annually, excepting between the rising of the sun 
 on Monday morning, and the rising of the sun on Thursday 
 morning, in each week, on penalty of twenty dollars, 
 for each and every time such seine shall be set or drawn, 
 otherwise than as aforesaid ; and no person or persons 
 shall be permitted to throw any stones into said river, 
 upon penalty of seven dollars, for each and every such 
 offence, to the end that the fish may more freely pass to 
 the various sources of the river aforesaid. 
 
 SECT. 27. Yearly, and every year, from the twenti- 
 eth day of March, to the first day of June, there shall 
 be a passage opened in the mill-dam, below Paukatuck 
 bridge, from the bed or bottom of said river, twenty feet 
 in length, to extend ten feet easterly, and ten feet 
 westerly from the middle of said river ; and similar pas- 
 sages shall be opened, in manner as aforesaid, in all the 
 other rnill-dams in said river, of fifteen feet in length, ex- 
 cepting Sanford Taylor's mill-dam, which shall be open- 
 ed twenty feet in length, ten feet between the middle of 
 said river, and the easterly shore, and ten feet between 
 the middle of said river, and the western shore, in the 
 most convenient places for the fish to pass in said river ; 
 and the owner or owners, occupier or occupiers of any 
 of the dams aforesaid, who shall neglect or refuse to 
 open the passage or passages as aforesaid, on or before 
 the said twentieth day of March annually, shall forfeit 
 the sum of twenty dollars for every such refusal or neg- 
 lect ; and for every succeeding day, neglect or refusal to 
 open a passage or passages as aforesaid, from the said 
 twentieth day of March to the first day of June annually, 
 the offender or offenders shall forfeit one other sum of 
 seven dollars. No person or persons, shall be permitted
 
 Title 35. Fisheries. 183 
 
 to erect or continue any wear, or other obstructions, 
 
 within sixty feet of the gaps in said mill-dams, upon pen- Penalty for 
 
 alty of seven dollars for the first offence, and four dollars 
 
 for every succeeding day, or less space of time, said ob- ings. 
 
 structions shall continue in said river, from the twentieth 
 
 day of March to the first day of June, annually. 
 
 SECT. 28. No wear or pound shall be erected or con- Wears and 
 tinued upon any flat, or other part of the bottom of said fSSfed, Fu cee- 
 river, eastward or westward of the aforesaid channel of tain periods. 
 said river, between the first day of June and the twenti- 
 eth day of March, annually, upon penalty of fourteen dol- 
 lars for the first offence, and seven dollars for every suc- 
 ceeding day such wear or pound shall be continued in 
 said river, from the first day of June to the twentieth day 
 of March annually. 
 
 SECT. 29. No person or persons shall be permitted to Times of fish- 
 fish With mesh or scoop-nets, inPaukatuck river, or any of scoop-nets 
 its branches, after sunset on Friday, until sunrise on Mon- 
 day, in each week, from the twentieth day of March to 
 the first day of June, annually ; and no person shall use 
 more than one net at a time ; upon penalty of five dollars 
 for every offence. 
 
 SECT. 30. One half of the penalties incurred by this Disposition of 
 act for a violation of the regulations respecting fishing penalties. 
 in Paukatuck river, shall accrue to him who shall sue 
 therefor, and prosecute his suit to effect, and the otherhalf 
 to the treasury of the town wherein the offence is commit- 
 ted. And so much of tkis act as relates to fishing in Pau- 
 katuck river, shall be considered as forming a compact Compact with 
 with the state of Rhode-Island, from which the general Rhode-Island 
 asssembly of this state will not depart, until the legislature 
 of the state of Rhode-Island shall agree with the legisla- 
 ture of the state of Connecticut to a repeal thereof, or to 
 alterations therein, or additions thereto : provided the 
 state of Rhode-Island shall adopt and adhere to similar 
 regulations. 
 
 SECT. 3 1 . Whosoever shall first make a wear for catch- Fisheries on 
 ing fish, on any flat, within any river, cove, creek or har- 
 bor, shall not be interrupted, by any other person's 
 making a wear on the same flat, or in the way or course 
 of the fish coming or passing to said wear first built, near- 
 er than three quarters of a mile, without liberty from the 
 county court ; and every wear, set up contrary to this 
 act, shall be a common nuisance ; and any person may 
 remove the same as such. 
 
 SECT. 32. Every town shall have authority, in town Towns em. 
 meetings, to make by-laws for the regulation of fisheries Sa^e^y-laws 
 in the ponds within their respective limits, and for the regulating 
 preservation of the fi.sh therein, and to impose such pen- fisheries in
 
 Title 36. Forcible Entry and Detainer. 
 
 alties, for the breach thereof, as they shall think propcfr : 
 provided, that no penalty shall exceed the sum of seven- 
 teen dollars, and no by-law shall be contrary to the laws 
 of the state, nor extend to ponds that are private pro- 
 perty. 
 
 Mode of pro- 
 ceeding in 
 forcible entry 
 and detainer. 
 
 Jury to ba 
 summoned. 
 
 TITLE 36. Forcible Entry and Detainer. 
 
 An Art directing proceedings against Forcible 
 Entry arid Detainer. 
 
 SECT. 1. 
 
 >E it enacted by the Senate and House of Rep-" 
 resentatives in General Assembly convened. 
 That whenever any person shall make forcible entry 
 into any houses, lands or tenements, and with a strong 
 hand shall detain the same ; or, having made a peaceable 
 entry, without the consent of the actual possessor, shall 
 hold and detain the same, with force and strong hand ; 
 the party thus ejected, or held out of posscssiop, may ex- 
 hibit his complaint to either of the judges of the county 
 court, and to one justice of the peace, in the county 
 where such houses, lands or tenements are situated, who 
 are qualified to judge between the parties, stating the in- 
 jury of which he complains. And such judge and justice 
 shall, forthwith, issue a summons to the party complained 
 of, directed to some proper officer, to notify, and require 
 him to appear at such place as they shall appoint, in the 
 town where the injury complained of was done, within 
 eight days, at least, to answer to the matters contained 
 in such complaint; which summons shall be served upon 
 him, by reading, or by leaving a copy at his usual place 
 of abode, six days, exclusively, before the day appointed 
 for trial ; and if, after service of such summons, the party 
 complained of, shall not appear and defend, such judge 
 and justice shall proceed in the same manner as if he 
 were present. 
 
 SECT. 2. And such judge and justice shall make out a 
 warrant, under their hands, directed to the sheriff of the 
 county, or his deputy, or to either of the constables of 
 the town where the injury complained of was done, (such 
 officer not being interested in the cause, or so related to 
 either of the parties tha^he could not judge,) command-, 
 ing him to summon twelve good and lawful freeholders of 
 the. county, qualified to act as jurors, to appear at the 
 time and place appointed for the trial ; which jury shall 
 be duly empannelled, and sworn according to law, to en- 
 quire into the forcible entry, or forcible detainer, com-
 
 Title 36. Forcible Entry and Detainer. 
 
 plained of: and if a sufficient number of jurors, qualified 
 to sit in the cause, do not appear, the sheriff or constable 
 shall forthwith return a sufficient number of the freehold- 
 ers of the county, qualified to act as jurors, to fill the 
 panel : and said judge and justice shall proceed to make Trial, 
 enquiry, and shall hear all the proper evidence offered by 
 the parties : and if the jury find, that a forcible entry has 
 been made into the houses, lands or tenements, or that 
 the same are detained, with force and strong hand, as 
 complained of, then such judge and justice shall render 
 judgment that the complainant shall be restored to, and re- Judgment 
 seised of, the premises, and shall award a writ of restitu- 
 tion accordingly ; and the complainant shall recover his 
 lawful costs, of the person or persons complained of, and 
 execution shall be granted therefor accordingly. But if 
 the jury shall find the person or persons complained of, 
 not guilty, then costs shall be taxed in their favor, against 
 the complainant, and execution granted for the same. 
 
 SECT. 3. And no appeal shall be allowed from the N appeal, 
 judgment of such judge and justice ; nor shall any com- 
 plaint or action be prosecuted, for a forcible entry or de- 
 tainer, but within six months after the making of the en- Limitation. 
 try complained of. 
 
 SECT. 4. The judgment that shall be rendered, in such Judgment not 
 prosecutions, shall not afiect the title to such houses, ^i* ffect the 
 lands, or tenements, and shall not be a bar to a proper 
 action, brought for the trial of the same. 
 
 SECT. 5. And the party aggrieved shall recover treble Treble dama- 
 damages, and costs of suit, by action of trespass, against 8 es to be re - 
 the defendant or defendants, if it be found, by verdict of 
 the jury, or otherwise, in due form of law, that he or they 
 entered into houses, lands, or tenements, by force, or af- 
 ter entry, held the same, by force. (1) 
 
 (1) An act was passed as early as 1698, the party should proceed by information 
 
 enabling justices of the peace to enquire quitam; with many other inconvenient 
 
 concerning, and to remove, forcible en regulations, so that a proceeding under it 
 
 tries and detainers, and to proceed ac- had usually been attended with difficulty j 
 
 cording to the rules and methods, in such it was thought best to introduce the pre- 
 
 eases provided, by the laws of England. sent remedy, of a mere civil nature, to 
 
 In 1722, an act was passed, similar to fc give a party a power to regain possession, 
 
 statute in England, and which continued of lands in denned cases, when forcibly 
 
 in force, with few modifications, until this taken or detained from him; and if the 
 
 revision. But as the statute gave no in- entry or detainer should be with a fore* 
 
 telligible definition of a forcible detainer; and violence amounting to a breach of 
 
 required the justices of the peace to re- the peace, to leave the party committing 
 
 pair to the place, to vkw the force ; that it to criminal prosecution. 
 
 26
 
 -186 
 
 Title 37. 
 
 Foreign Attachment. 
 
 TITLE 37. 
 
 Foreign Attachment. 
 
 o 
 
 SECT. 1. 
 
 Effects and 
 debts of ab- 
 
 in the hands 
 of agent or 
 debtor. 
 
 service of the 
 writ. 
 
 An Act authorizing the collection of debt?, by 
 Foreign Attachment. 
 
 E it enacted by the Senate and House of Rep~ 
 resentatives in General Assembly convened, 
 That whenever the goods or effects of an absent or ab- 
 sconding debtor, are concealed in the hands of his attor- 
 
 sconding debt- agent, factor, or trustee, so that they cannot be found, 
 
 ors attachable J ' 
 
 or come at, to be attached ; or where debts are due from 
 
 any person to an absent or absconding debtor ; it shall 
 ^e j avv f u } f or an y creditor to bring his action against such 
 absent and absconding debtor, and insert in his writ a di- 
 rection to the officer to leave a true and attested copy 
 thereof, at least fourteen days before the session of the 
 court, to which it is returnable, with such absent or ab- 
 sconding debtor's attorney, agent, factor, trustee, or debt- 
 or, at the place of his or their usual abode: and it shall 
 be the duty of the officer serving such writ, to leave a 
 copy thereof, according to such direction ; and from the 
 time of leaving such copy, all the goods and effects in the 
 hands of such attorney, agent, factor, or trustee, and any 
 debt due from such debtor to the defendant, shall be se- 
 cured in their hands, to pay such judgment, as the plain- 
 tiff shall recover, and may not otherwise be disposed of, 
 by such attorney, agent, factor, trustee or debtor : and 
 such service shall be sufficient notice to the defendant to 
 enable the plaintiff to bring the action to trial, unless the 
 defendant be an inhabitant of this state, or has some time 
 resided therein ; and then a like copy shall be left at his 
 last usual place of abode. 
 
 SECT. 2. Such attorney, agent, factor, trustee, or debt- 
 or, upon his desire, shall be admitted to defend his prin- 
 cipal in such suit : but if the defendant be not in this 
 state, and does not appear, by himself, or attorney ; and 
 the attorney, agent, factor, trustee, or debtor, with whom 
 such copy is left in service, does not appear to defend, 
 then the court shall continue in action to the next court, 
 and may order notice to be given, by publishing the pen- 
 dency of the suit, in some newspaper, or otherwise, as 
 Continuance of they think proper ; and if the defendant should not then 
 appear, the court may, if they judge proper, order the ac- 
 tion to be continued once more, to give an opportunity 
 to notify the defendant of the pendency of the suit ; and 
 then, unless some special matter be alleged for further 
 delay, the cause shall come to trial ; but when the ac- 
 tion is brought before a justice of the peace, in case the 
 
 'Agent may 
 defend his 
 principal. 
 
 suits.
 
 . t Title 37. Foreign Jlttachmenf. 187- 
 
 defendant shall not be in this state, and no attorn 
 agent, factor, trustee, or debtor appear to defend him, 
 such justice of the peace shall adjouni the cause for a 
 term not less than three, nor more than nine months ; and 
 then, unless special reasons be given for a further delay, 
 such action shall come to trial. And if judgment be ren- 
 dered in favor of the plaintiff, all the goods and effects 
 in the hands of such attorney, agent, factor, or trustee, 
 and the debt due from such debtor, shall be liable to pay 
 the same ; and the plaintiff, on praying out an execution, How to pro- 
 may direct the officer serving the same, to make demand ceed " lth lhe 
 of such attorney, agent, factor or trustee, of the goods e3 
 and effects of the defendant, or principal, in his or their 
 hands, whose duty it shall be to expose the same to be 
 taken on the execution ; and also to make demand of such 
 debtor, of any debt due to the defendant, whose duty it 
 shall be to pay the same : and if such attorney, agent, fac- 
 tor or trustee, shall have, in any manner, disposed of 
 the goods and effects of the principal, in his hands, when 
 the copy of the writ was left with him ; or shall not dis- 
 cover, expose and subject them to be taken on the exe- 
 cution ; or if such debtor shall not pay to the officer, 
 when demanded, the debt due to the defendant, at the 
 time the copy of the writ was left with him ; such attor- 
 ney, agent, factor, trustee, or debtor shall be liable to 
 satisfy such judgment out of his own estate, as his proper 
 debt, if the goods or effects, or debt, be of sufficient 
 value or amount ; if not, then to the value of such goods 
 or effects, or to the amount of such debt. Andascire-fa- Scire-facias 
 cias maybe taken out from the clerk of the court, where 
 the judgment was rendered, to be served upon such at- 
 torney, agent, factor, trustee, or debtor, requiring him to 
 appear before such court, and shew cause, if any he have, 
 to the contrary : and it shall be lawful for the plaintiff to- Mode of trial, 
 require, and the defendant shall have right to disclose, /A~^- f< f<f* 
 on oath, whether he has any of the goods or effects of the 
 absent or absconding- debtor in his hands, or whether he 
 is indebted to him ; and the parties may introduce any 
 other proper testimony, respecting such fact. And if it 
 be found, that the deiendant has the goods or effects of When judg- 
 such absent or absconding debtor in his hands, or is in- n^ er s e( i 
 debted to him. or if he makes default of appearance, or against gar- 
 refuses to disclose, on oath, judgment shall be rendered nishee. 
 against him. as for his own debt, to be paid out of his own 
 goods or estate, with lawful costs ; and execution shall be 
 granted accordingly : Provided, that if it appear on the Limitation of 
 trial, that the goods or effects are of less value, and the j 
 debt of less amount than the judgment recovered against 
 the absent or absconding debtor, then judgment shall be
 
 188 
 
 When scire- 
 facias shall be 
 returnable be- 
 fore justice of 
 the peace. 
 
 Agent or debt- 
 or discharged 
 from principal. 
 
 I 
 
 When debt is 
 not due, exe- 
 cution to be 
 staved. 
 
 Mode of pro- 
 ceeding, when 
 debt is assign- 
 ed. 
 
 Title 37. Foreign Attachment. 
 
 rendered to the value of the goods, or to the amount of 
 the debt ; and if it appear, that the defendant has no 
 goods or effects in his hands, of such debtor, or is not in- 
 debted to him. then he shall recover his lawful costs. 
 
 SECT. 3. When a scire-facias shall be brought against 
 any attorney, agent, factor, trustee, or debtor of an ab- 
 sent or absconding debtor, on a judgment rendered by a 
 justice of the peace, such scire-facias shall be signed by 
 the justice rendering the judgment : and where the de- 
 mand does not exceed thirty -five dollars, shall be made 
 returnable before the same justice of the peace ; but 
 where the demand shall exceed thirty-tive dollars, the 
 same shall be returnable' before the county court, in that 
 county where the plaintiffor defendant dwells : and if the 
 justice, rendering such judgment, shall be removed from 
 office, by death, or otherwise, before any scire-facias is 
 taken out thereon, such writ may be signed by, and (when 
 the demand does not exceed thirty -five dollars,) be made 
 returnable before, any justice of the peace, as in other 
 cases ; but where the demand exceeds thirty-five dol- 
 lars, such writ shall be made returnable before the coun- 
 ty court, as aforesaid. 
 
 SECT. 4. The taking of any goods or effects of any ab- 
 sent or absconding debtor, or any debt due to him as 
 aforesaid, by process and judgment of law, out of the 
 hands of his attorney, agent, factor, trustee or debtor, by 
 any of his creditors, shall forever discharge him or them 
 from any suit or demand for the same : and if sued, for 
 any thing done in compliance with this act, he or they 
 may plead the general issue, and give this act and the 
 special matter in evidence. 
 
 SECT. 5. When it shall appear on the hearing of the 
 scire-facias, that the debt due to the principal is not yet 
 payable, the court shall direct the execution to be stay-. 
 ed, until the time the debt would have become payable ; 
 and when the debt was not payable at the time the de- 
 mand was made, on the execution, the court shall allow 
 the garnishee his reasonable costs for defending against 
 such scire-facias. to -be deducted out of the debt so due. 
 
 SECT. 6. Whenever a scire-facias shall be brought to 
 recover a debt due to, or the goods and effects of. an ab- 
 sent or absconding debtor, in case any person or per- 
 sons, either jointly or severally, claim such debt, as as- 
 signee or assignees thereof, or such goods or effects, as 
 owner or owners thereof, the defendant, in such scire- 
 facias, having notice or knowledge of such assignment, 
 ownership, or claim, may give notice in writing, signed 
 by proper authority, and duly served, to such claimant or 
 claimants, or his or their attorney, that such scire-facias
 
 Title 37. Foreign Attachment, 
 
 is pending, and he or they may appear, if they see cause, 
 and defend against such scire-facias ; and thereupon, un- 
 less such claimant or claimants shall, within such time as 
 the court, before whom the scire-facias is pending, may 
 direct, give to such defendant sufficient security, to the 
 approbation of the court, to indemnify him against all 
 costs, he may suffer judgment, by default, or otherwise, 
 to be given against him, on such scire-facias ; which 
 shall be a bar to the claim of the assignee or assignees of 
 the debt, or the owner or owners of the goods or ef- 
 fects ; and the defendant may give the same in evidence, 
 under the general issue, in an action brought to recover 
 the debt, or the value of the goods or effects. And in 
 case s'^ch assignee or assignees, owner or owners, shall 
 give such security, and make effectual defence against the 
 scire-facias, he or they shall be entitled to the bill of 
 costs that shall be recovered against the plaintiff ; but if 
 he or they fail to make effectual defence, the judgment 
 that may be rendered on the scire-facias against the de- 
 fendant, shall be a bar to any claim against him, and he 
 may give it in evidence under the general issue. 
 
 SECT. 7. Whenever the assignee of a debt, or the own- If defendant 
 
 c j re j i 11 i j. j. refuses to dis- 
 
 er ol goods or enects, shall have given security, pursuant c j ose ^ s ^\i 
 
 to this act, if the defendant, on due notice given him, take no bene- 
 shall neglect to appear and disclose, on oath, if required, fit of this act. 
 on the trial of such scire-facias ; or in case a commission 
 shall be issued, shall neglect to make disclosure before 
 the commissioners ; he shall take no benefit of this act, 
 nor of the security given as aforesaid. 
 
 SECT. 8. In case any action shall be commenced, or When original 
 
 having been commenced, shall be prosecuted, in the creditor recov- 
 /. , , . ers. costs to bt 
 
 name of the original creditor, to recover any debt, or m taxed, at dis- 
 
 the name of any person claiming to be owner, to recov- cretion. 
 er the value of any goods or effects, while such debt, 
 goods, or effects are under the lien of a foreign attach- 
 ment, it shall be in the discretion of the court, according 
 to the circumstances of the case, if final judgment be 
 rendered in favor of the plaintiff, to allow costs to the de- 
 fendant, to be deducted out of such debt, or out of the 
 value of such goods or effects, or to allow costs to the 
 plaintiff, or to allow no costs to either party. 
 
 SECT. 9. The court before which a scire-facias shall Commission 
 be pending, shall have power to issue a commission to Y be g" 1 - 
 take the disclosure of the defendant, on oath, whenever, closure, 
 on account of his living out of the state, or his being 
 about to go out of the same, or his being unable to travel, 
 through age, sickness, or bodily infirmity, the court shall 
 judge it to be reasonable.
 
 190 
 
 When demand 
 must be made 
 of garnishee, 
 on execution. 
 
 Limitation of 
 scire-facias. 
 
 Disclosure in 
 suit against 
 the debtor. 
 
 Garnishee 
 refusing to ap- 
 pear or -dis- 
 close, liable 
 
 for costs. 
 
 Title 37. Foreign Attachment. 
 
 SECT. 10. The goods or effects, or debts, of an absent 
 or absconding debtor, shall not be holden or secured in 
 the hands of his attorney, agent, factor, trustee, or debt- 
 or, by virtue of any judgment rendered against the debtor, 
 unless they shall be demanded of them within sixty days 
 after the rendition of the judgment. And no writ of scire- 
 facias shall be maintained against such attorney, agent, 
 factor, trustee, or debtor, unless the same be brought 
 within one year next after the right of taking out or bring- 
 ing the same, shall have accrued. 
 
 SECT. 11. And the plaintiff, in a suit by foreign attach- 
 ment, may, at his discretion, insert in the writ, a direction 
 to the attorney, agent, factor, trustee, or debtor of the 
 defendant, to appear before the court to which the same 
 is returnable, to answer and disclose, on oath, whether he 
 has in his hands the goods or effects of the defendant, or 
 is indebted to him; and if such garnishee shall appear, the 
 court arc hereby impowered to examine him, on oath, 
 respecting the same, and to make other enquiry, by prop- 
 er testimony ; and if it shall appear to them, that such 
 garnishee has not the goods or effects of the defendant in 
 his possession, or is not indebted to him. he shall be enti- 
 tled to recover his costs, and judgment shall be rendered 
 in his favor therefor. But if it shall appear from such ex- 
 amination, that such garnishee has in his possession goods 
 and effects of the defendant, or is indebted to him, then 
 the court shall ascertain the amount, and the same shall 
 be sufficient evidence to authorize the court to render 
 judgment therefor, in favor of the plaintiff, or a scire-fa- 
 eias against the garnishee, if he shall refuse to deliver such 
 goods and effects, or pay such debt, when lawfully de- 
 manded, on an execution that may be duly obtained in a 
 suit against the absent and absconding debtor ; unless the 
 garnishee can prove, by new and further evidence, that 
 he had not in his possession the goods and effects of such 
 debtor, and is not indebted to him. 
 
 SECT. 12. But if the garnishee shall neglect or refuse 
 to appear at the court to which the writ is returned, with- 
 out reasonable excuse, or shall refuse to disclose on oath, 
 whether he has any goods or effects of the defendant in 
 his possession, or is indebted to him ; then, if the plaintiff 
 shall bring a scire-facias against him, on a judgment re- 
 covered against the defendant in the suit, such garnishee 
 shall be liable to pay all the costs that shall have accrued, 
 though it shall appear that he had not any of the goods or 
 effects of the absent and absconding debtor in his posses- 
 sion, and was not indebted to him ; and execution shall 
 issue against him, to pay the same out of his estate.
 
 Title 38. Foreigners. Title 39. Forms. 191 
 
 SECT. 13. When the garnishee appears at the return Plaintiff with- 
 of the writ, and submits to an examination, and it is found d ^ w ' n ? sult *' 
 that he has the goods or effects of the absent and abscond- 
 ing debtor in his possession, or is indebted to him ; then, 
 if the plaintiffwithdraws his suit, or fails to recover judg- 
 ment against the defendant, such garnishee shall be enti- 
 tled to recover his lawful costs ; and the court shall issue 
 execution for the same accordingly. 
 
 TITLE 38. Foreigners. 
 An Act concerning Foreigners. 
 
 BE it enacted by the Senate and House of Representa- 
 tives in General Assembly convened, That when- 
 ever any foreigner, who has resided at least six months in Superior court, 
 
 this state, shall, according to the accustomed form of u P on P et '?> 
 
 f * . . . . may authorize 
 
 chancery process, prefer his petition to the superior foreigners to 
 
 court in the county where he resides, representing such hold real estate 
 facts, and praying to be authorized to hold, convey, and in ^ is state- 
 transmit by grant, devise, descent, or otherwise, real 
 estate in this state ; such court shall, as a court of chan- 
 cery, have cognizance of the case ; and if, upon a hear- 
 ing and examination had, it shall appear to the court that 
 the petitioner sustains a fair character, and is a foreigner, 
 such court may authorize and empower such petitioner 
 to receive, hold, convey, and transmit by grant, devise, 
 descent, or otherwise, real estate in this state, to as full 
 extent as if he were a native citizen thereof; any law to 
 the contrary notwithstanding. 
 
 Provided however, That a true and attested copy of CP7 of P eti ' 
 said petition, shall be left with one of the select-men of J^ g lec e t _ 
 the town where the petitioner resides, at least twelve men. 
 days before the session of the court to which said petition 
 is made returnable. 
 
 TITLE 39. Forms. 
 
 An Act prescribing Forms of Writs and Pro- 
 cesses. 
 
 TTJ E it enacted by the Senate and House ofRep- 
 Jj retientatives, in General Assembly convened, 
 
 That the following several forms of writs and processes, Forms of writs 
 in civil causes, here under-written, be, and they are estab " 5 " ed> 
 hereby established to be the forms to be used in this state. 
 by the respective officers therein.
 
 '192 Title M. Forms*. 
 
 Summons be- SECT. 2. Summons for appearance before a justice of 
 foreajustiecof ,r _ 
 
 the peace. peace. 
 
 To the sheriff of the county of H. Ins deputy, or 
 
 either of the constables of the town of G. within 
 
 said county : Greeting. 
 
 BY authority of the state of Connecticut, you art 
 hereby commanded to summon A. B. of G. aforesaid, to 
 appear before J. H. Esq. justice of the peace for the 
 county aforesaid, at in H. the day of at 
 
 of the clock in the noon ; then and there to an- 
 swer to C. D. of W. in a plea of which is to the 
 damage of the said C. D. dollars, and he therefore 
 brings this suit. And of this writ, with your doings 
 therein, make due return. Dated at H. the day of 
 Anno Domini, J. H. 
 
 SECT. 3. Attachment before a justice of the peace. 
 To the sheriff, &c. 
 
 Attachment be- BY authority of the state of Connecticut, you are 
 he e peace tlC hereby commanded to attach the goods or estate of A. B. 
 of F. aforesaid, to the value of dollars, and for want 
 thereof, to attach the body of the said A. B. (if he may 
 be found in your precincts) and him safely keep, so that 
 he may be had before J. H. Esq. justice of the peace for 
 the county aforesaid, at (sufficient bond for prose- 
 
 cution being given.) Hereof fail not, and make due re- 
 turn of this writ, with your doings therein, &c. 
 
 Dated, &c. 
 
 The like for summons and attachments to the county 
 courts, mutatis mutandis. 
 
 SECT. 4. An execution granted by a justice of the 
 peace. 
 
 To the sheriff of the county of H. &c. Greeting. 
 
 Execution WHEREAS C. D. of W. on the day of before 
 
 granted by jus- j^ j Esq. justice of the peace for the county aforesaid, 
 
 recovered judgment against A. B. of H. for the sum of 
 dollars, cents, debt, (damages} and for the. 
 
 sum of dollars , cents, costs of suit, as appears 
 
 of record : Whereof execution remains to be done. 
 
 THESE are therefore, by authority of the state of 
 Connecticut, to command you, That of the money of the 
 said A. B., or of his goods, chattels, or lands within your 
 precincts, you cause to be levied, and (the same being 
 disposed of as the law directs) paid and satisfied unto the 
 said C. D., the aforesaid sums, being dollars, cents, 
 in the whole ; and also, that out of the said monies, goods 
 or chattels you levy seventeen cents more for this writ, 
 together with your own fees. 
 
 And for want of such money, goods, chattels or lands 
 of the said A. B., to be by him shewn unto you 5 or found
 
 Title 39. Forms. 197 
 
 within your precincts, for satisfying the aforesaid sums, 
 you are hereby commanded to take the body of the said 
 A. B., and him commit unto the keeper of the gaol in H. 
 in the county aforesaid, within the said prison , who i* 
 likewise hereby commanded to receive the said A. B. 
 and him safely keep, until he pay unto the said C. D. the 
 full sums abovementioned, arid be by him released, anci 
 also satisfy your fees. Hereof fail not, and make due 
 return of this writ, with your doings therein, unto the said 
 J. H. Esq. within sixty days next coming. Dated at H. 
 this day of, <$:c. J. H. 
 
 SECT. 5. Execution out of the superior court and coun- 
 ty courts, respectively. 
 
 To the sheriffof the county of H. &c. Greeting. 
 
 WHEREAS C. D. of W. remered judgment against E ^^ n ^ m 
 
 d. B. of F. before the court, holden at H. within county court. 
 
 the county aforesaid, on (he Tuesday of for 
 
 the sum of dollars, cents, debt, (damage?) 
 
 and dollars, cents, costs of suit, as appears 
 
 of record : Whereof execution remains to be done. 
 
 THESE are therefore, by authority of the state of 
 Connecticut, to command you, That of the goods, chat- 
 tels, or lands of the said A. B., within your precincts, you 
 cause to be levied (and the same being disposed of, or 
 appraised, as the law directs) paid and satisfied unto the 
 saidC. D., the aforesaid sums, being dollars 
 
 cents, in the whole ; with cents more for this writ, 
 
 and thereof also to satisfy yourself for your own fees. 
 And for want of such goods, chattels, or lands of the said 
 A. B., to be by him shewn unto you, or found within 
 your precincts, to the acceptance of the said C. D., for 
 satisfying the aforesaid sums, you are hereby command- 
 ed to take the body of the said A. B., and him commit 
 unto the keeper of the gaol in H., in the county aforesaid, 
 within the said prison ; who is likewise hereby command- 
 ed to receive the said A. B., and him safely to keep 
 until he pay unto the said C. D. the full sums above-men- 
 tioned, and be by him released, and also satisfy your 
 fees. Hereof fail not. and make due return of this writ, 
 with your doings therein. Dated at H. &c. 
 
 E. K. Clerk. 
 
 SECT. 6. Summons or subpoena for witnesses. Summons for 
 
 ToA.B.andC.D.&c. witnesses. 
 
 BY authority of the state of Connecticut, you are 
 hereby commanded to appear before the court, 
 to be holden at F. on the Tuesday of to testify 
 
 what you know in a certain action now depending in the 
 said court, between E. F. of H. plaintiff, and G. H. of 
 M. defendant, in an action of . Hereof fail not, UR- 
 
 27
 
 198 
 
 Title 39. Forms. 
 
 Itcplevin. 
 
 ilcr the penalty of the law in that case provided. Dated 
 at II. &c. D. E. Clerk. 
 
 SECT. 7. A warrant of replevin before the county 
 court. 
 To the sheriff of F. &c. Greeting. 
 
 BY .authority of the state of Connecticut, you are 
 hereby commanded, justly, and without delay, to cause 
 to be replevied to T. C., of S. his beasts, to wit, now 
 ^distrained or impounded by S.H. of N., and by him un- 
 justly detained, as k is said : and you are to summon the 
 said S. H. to appear before the next county court to be 
 holden at F., in and for the said county, on the Tues- 
 day of next ; then and there to answer unto the said 
 T. C., in a plea of trespass, wherein the said T. C. com- 
 plains, that the said S. H., on the day of &c. at 
 M., in. a certain place, called &c. took the said beasts, 
 that is to say, and them unjustly impounded and 
 
 detained as aforesaid, until this time ; which is to the 
 damage of the said T. C., as he saith, the sum of 
 dollars, and therefore he brings this suit,&c.. (the said 
 T. C. having given bond according to law.) Hereof fail 
 not, and make due return of this writ, with your doings 
 therein, fcc. Dated, &c. 
 
 J. H. Justice of Peace. 
 
 The like for a writ of replevin before a justice of the 
 peace, mutatis mutandis. 
 
 SECT. 8. Bond on writ of replevin. 
 
 YOU, A. B. and C. D. of acknowledge yourselves, 
 jointly and severally, bound to E. F. of in a recogniz- 
 ance of dollars, thatG. H. of shall prosecute 
 the writ of replevin, he hath now taken out against the 
 said E. F. at the next county court, to be holden at 
 on the Tuesday of next, (or, before the justice 
 of the peace to whom the same is returnable,) to full ef- 
 fect; and in case he make not his plea good, satisfy such 
 demands and dues as the said E. F. shall recover against 
 him. 
 
 SECT. 9. Bond where a person, not a party to the suit, 
 
 01 replevin OV I , , * 
 
 onnnot ; , mrt y replevies estate attached. 
 
 to the suit. YOU, A. B. and C. D. of acknowledge yourselves, 
 
 jointly and severally, bound to E. F. of in a recog- 
 nizance of dollars, that G. H. of shall prosecute 
 the writ of replevin, that he hath now taken out against 
 -the said E. F. at the next county court, to be holden at 
 on the Tuesday of next, (or, before the jus- 
 tice of the peace before whom the same is made returna- 
 ble,) and in case he fail to make his plea good, to return 
 and redeiiver the goods directed to be replevied to J. K., 
 the oiiicer, who attached the same, in a suit in favor of 
 
 Bond on writ 
 of replevin. 
 
 Bond on writ 
 of replev'ui by
 
 Title 39. Forms. 19$ 
 
 said E. F. against L. M., of so that they may ba 
 forthcoming to be taken on the execution that may be 
 recovered by said E. F. in said suit ; and on failure there- 
 of, to pay the debt, damages and costs, that may be re- 
 covered in said suit. 
 
 SECT. 10. Bond for prosecution. Bond for prose- 
 
 YOU C. S. and E. C. of H. acknowledge yourselves, cuti011 ' 
 jointly and severally, bound to J. L. of in a recog- 
 nizance of dollars, that T. R. of W. shall prosecute 
 the attachment he hath now taken out against the said 
 J. L. at the next county court, to be holden at H. on 
 the Tuesday of next, to full effect ; and answer 
 all costs and damages, in case he make not his plea good. 
 Taken and acknowledged in H., the day of, &c. 
 before me, J. W. Justice of the peace. 
 
 SECT. 1 1. A warrant for collecting rates. 
 To A. B. collector of the town rate of the town of, &c. 
 
 Greeting. 
 
 BY authority of the state of Connecticut, you are here- Warrant for 
 by commanded forthwith to levy and collect of the per- ates. 
 sons named in the annexed list, herewith committed to 
 you, each one his several proportion, as therein set down; 
 of the sum total of such list ; being a tax or assessment 
 granted and agreed upon, by the inhabitants of the said 
 town of, &c. regularly assembled on the day of for 
 the defraying of the necessary charges arising within the 
 same ; and to deliver and pay the sum and sums, which 
 you shall so levy and collect, unto the treasurer of the 
 said town, (or to C. D., being by said town appointed (o 
 receive the same) at or before the day of : And' 
 if any person or persons shall neglect or refuse to make 
 payment of the sum or sums, whereat he or they are 
 respectively assessed, and set in the said list, to distrain 
 the goods or chattels of such person or persons, and the 
 same dispose of, as the law directs ; returning the over- 
 plus (if any be) unto the owner or owners. And for 
 Want of goods and chattels, whereon to make distress, you 
 are to take the body or bodies of tlrc person or persons 
 so refusing, and him or them commit unto the keeper 
 of the gaol of the. said county, within the said prison ; 
 who is hereby commanded to receive and safely keep him 
 or them, until he or they pay and satisfy the said sum or 
 sums assessed upon him or them, as aforesaid, together 
 with your fees ; unless the said assessment, or any part 
 thereof, upon application made to the county court, shall 
 be abated. 
 
 Dated at G. &c. 
 
 SECT. 12. Always provided, and it is further enacted, JJj'J 
 That it shall be lawful for any person or persons within forms.
 
 200 Titk 40. Frauds and Perjuries. 
 
 this state, as often as occasion shall require, to make use 
 of other and diverse forms than what are before in this 
 act prescribed, so that the substance of the matter or 
 action be well contained therein, according to law. 
 
 TITLE 40. Frauds and Perjuries. 
 
 An Act for the prevention of Frauds and Perju- 
 ries. 
 
 Preamble. For the prevention of many fraudulent practices, which 
 are commonly endeavored to be upheld by perjury, 
 and subornation of perjury : 
 
 . T> E it enacted by the Senate and House of Rep- 
 LJ rescntatives,in General Assembly convened, 
 
 Contracts to That no suit, in law or equity, shall be brought or main- 
 charge execu- tained upon any contract or agreement, whereby to 
 tors, &.c. J , i , i 
 
 charge any executor or administrator, upon any special 
 
 to answer for promise, to. answer damages out of his own estate ; or 
 the debt, &ic. of i , ,, , P -, 
 
 another whereby to charge the defendant upon any special prom- 
 
 ise to answer for the debt, default, or miscarriage of an- 
 in considera- ,1 
 tion of mar- other person ; or to charge any person upon any agree- 
 
 riage ; ment made upon consideration of marriage ; or upon any 
 
 for the sale of con tract for the sale of lands, tenements, or heredita- 
 lands; ments, or any interest in, or concerning them ; or upon 
 
 or not to be anv agreement that is not to be performed within the 
 performed in space of one year from the making thereof ; unless the 
 one year; contract or agreement, upon which such action shall be 
 to be in writing brought, or some memorandum or note thereof, shall be 
 signed, &c. made in writing, and signed by the party to be charged 
 therewith, or some other person thereunto by him law- 
 fully authorized. 
 
 Contracts for SECT. 2. And be it further enacted, That no contract, 
 the sale of f or ^j ie sa j e o f an y goods, wares, and merchandize, for the 
 amount of thir^ P" ce f thirty-five dollars, or upwards, shall be allowed 
 ty-five dollars, to be good, except the buyer shall accept part of the 
 when binding. g Oo ds so sold, and actually receive the same, or give 
 something in earnest, to bind the bargain, or in part of 
 payment, or some note or memorandum, in writing, of 
 the said bargain, be made and signed by the parties to be 
 charged by such contract, or their agents thereunto law- 
 fully authorized.(l) 
 
 (1) This act is copied from a statute this revision. Before this time, almost all 
 
 passed in England, 32 Car. 2. and was parol contracts were valid : no statute has 
 
 first unacted in 1771. The clause respect- made a greater alteration or improve- 
 
 ing the sale of goods, hbove the value of Blent of the common law. 
 thirty-five dollars, was not introduced till
 
 Title 4 1 . Fraudulent Conveyance.... Title 42. Gamino\ 
 
 TITLE 41. Fraudulent Conveyances. 
 An Act against Fraudulent Conveyances. 
 
 1 U^'' enacted by the Senate and House of Rep- 
 JLJ resentatives, in General Assembly convened, 
 That all fraudulent and deceitful conveyances of lands Fraudulent 
 and tenements, or any interest in them, and of goods and co " ve y auces 
 chattels, and all bonds, suits, judgments, executions, or 
 contracts, made with intent to avoid any debt, or duty, of 
 others, shall be utterly void, as against those persons on- 
 ly, their heirs, executors, administrators, or assigns, whose 
 debt or duty is endeavoured to be avoided; notwithstand- 
 ing any consideration, upon which such contract may be 
 pretended to have been made. 
 
 SECT. 2. And all the parties to such fraudulent con- Punishment 
 tract, knowing the fraud, who shall wittingly justify the for making 
 same, as being done bonajlde, and on good consideration, 
 shall forfeit one year's value of the land, and the whole 
 v alue of the goods and chattels, and as much money as 
 shall be contained in such fraudulent bond or contract ; 
 one half to the party aggrieved, who shall sue for and 
 prosecute the same to effect, and the other half to the 
 treasury of the state. (1 ) 
 
 (1) This statute was probably borrow- omitted as obsolete ; and a singular pro- 
 
 ed from the English statute of 13 Elis. c. vision that the party should be punished 
 
 5. but was expressed in plain language, for the fraudulent conveyance, unless he 
 
 very different from the verbosity which could prove, by two witnesses, that the 
 
 characterises the statutes of England, at conveyance was bona fide, has been 
 
 that period. It first appears in the revi- omitted as superfluous. It has been de- 
 
 sion of 1702, and has undergone no al- cided, that a conveyance by a fraudulent 
 
 teration, except that at the revision of grantee to a purchaser for a valuable 
 
 1750 the word " contracts" was added. consideration, without notice of the fraud, 
 
 At this time, imprisonment for half a year, is void, as it respects the creditors of the 
 
 *s a punishment for the offence, has been fraudulent grantor. 1 Conn. Rep. 527. 
 
 TITLE 42. Gaming. 
 An Act to prevent Gaming. 
 
 - ^ iJ enacted by the Senate and House ofRep- 
 resentatives in General Assembly convened, 
 
 ... i i , i . ftamlno' coil** 
 
 That all contracts and securities, made and entered into, fracij 
 by any person or persons whatsoever, where the whole, void, 
 or any part of the consideration of such contract or secu- 
 rit . . shall be for money, or other valuable things whatso- 
 ever, won, laid, or betted, at cards, dice, tables, tennis, 
 bowl?, or any other game or games whatsoever, or at any
 
 202 
 
 Money lost at 
 gaming may 
 be recovered 
 back, by the 
 loser. 
 
 Mode of de- 
 claring. 
 
 Defendant 
 obliged to dis- 
 close. 
 
 Any other per- 
 son may sue 
 for money lost 
 in gaming, 
 tf loser do not. 
 
 Defendant's 
 disclosure not 
 to be used 
 against him, on 
 a public pros- 
 ecution. 
 
 Title 42. Gaming. 
 
 horse-race, or other sport, or pastime, or any wager what* 
 soever, or for reimbursing or repaying any money, know- 
 ingly lent or advanced, at the time and place of such play, 
 horse-racing, or other sport or pastime, to any person or 
 persons so gaming, betting, or wagering, or that shall, at 
 such time and place, so play, bet or wager, shall be utter- 
 ly void. 
 
 SECT. 2. If any person or persons, at any time hereaf- 
 ter, within the space of twenty-four hours, by playing at 
 any game or games whatsoever, or by betting on the sides 
 or hands of such as do play at any game or games, shall 
 lose to any one or more person or persons so playing, or 
 betting, the sum or value of one dollar in the whole, and 
 shall pay and deliver the same, or any part thereof; the 
 person or persons so losing and paying, or delivering the 
 same, shall be at liberty, within three months then next 
 following, to sue for and recover the money, or the val- 
 ue of any goods so lost, and paid Or delivered, or any 
 partthereof, from the respective winneror winners there- 
 of, with costs of suit, by action of debt, founded on this act, 
 to be recovered in any court of record, having cogni- 
 zance of the sum or value thereof; in which action it 
 shall be sufficient for the plaintiff to allege, that the de- 
 fendant is indebted to the plaintiff, Of received to the 
 plaintiff's use, the money so lost and paid, or the value of 
 the goods won of the plaintiff, whereby the plaintiff's ac- 
 tion accrued to him, according to the form of this act, 
 without setting forth the special matter: And the defend- 
 ant in such action, shall be obliged to answer, upon oath, 
 relative to the discovery of the money, or other things, 
 so won at play as aforesaid, if the plaintiff shall desire 
 the same ; and if the defendant shall refuse to testify as 
 aforesaid, judgment shall pass against him, as in case of 
 nihil dicit. 
 
 SECT. 3. In case the party losing such money, or other 
 thing, as aforesaid, shall not, within the time aforesaid, 
 really and bonajide, without covin or collusion, sue, and 
 with effect prosecute, for the money or other thing, so 
 lost and paid or delivered, it shall and may be lawful to 
 and for any other person, by action founded on this act, 
 to sue for and recover treble the value thereof, with costs 
 of suit, against such winner or winners as aforesaid, the 
 one moiety thereof to the use of the person suing for the' 
 same, and the other moiety for the use of the county 
 wherein said offence shall be committed. Provided al- 
 ways, that whenever the defendant shall, upon the re- 
 quest of the plaintiff, disclose, upon oath, according to 
 the provision herein before made> the facts by him dis- 
 closed in such action, shall not be admitted in evidence
 
 Title 42. Gaming. 203 
 
 against him, upon any public prosecution for the same 
 offence. 
 
 SECT. 4. On information made, in writing, or other- Search war- 
 wise, by any informing officer, or by the select-men in .rant for bil- 
 any town, or the major part of them, that he or they Stable &c 
 have cause to suspect that any billiard table, or E O ta- 
 ble, is kept or concealed in any house, building or place, 
 in their town, and shall specify such house, building or 
 place, it shall be lawful for any two justices of the peace 
 for that county, to issue their warrant, directed to any 
 proper officer, or, if need require, to an indifferentperson, 
 him requiring, taking to himself proper assistance, to en- 
 ter such house, building or place, and search for such ta- 
 ble, and on finding the same, the same to seize and carry To be seized, 
 away, and to make return of his doings. And in case any 
 such table shall be seized, by virtue of such warrant, 
 such authority shall give order to such officer or indiffer- 
 ent person, to destroy the same, or shall cause the same and destroyed, 
 to be destroyed. 
 
 SECT. 5. Whenever any person shall be charged with 
 playing at, or betting upon, any game prohibited by law, 
 or with winning or losing any money, or other valuable 
 thing, by play or hazard, upon such game, or with suffer- 
 ing any game, betting, or hazarding, to be played or prac- 
 tised, contrary to law, or with owning, possessing, or shar- 
 ing in any billiard table, E O table, faro-bank, or fund for 
 gaming, contrary to law, he or she shall be required to be- 
 come bound, for his or 'her appearance, before the county 
 court, for trial, for any of said offences : he or she shall 
 also be required to become bound, in another or further 
 recognizance, with sufficient surety or sureties, for his or Recognizance 
 r her good behavior, until and during the session of such or 8 ood be * 
 court ; which recognizance shall be to the treasurer of ' 
 the county, in the sum of one hundred dollars, and shall 
 be, by the authority taking the same, certified or trans- 
 mitted to such court. And such court may, on cause 
 shewn, require such person to become further bound in 
 a recognizance, with sureties, in such sum as shall seem 
 proper, for his or her good behavior, until and during the 
 next session of said court. And if any person shall, du- What shall 
 ring the time he or she shall be bound to the good be- 
 havior, as aforesaid, be guilty of any of the offences afore- 
 said, the same shall be taken to be a breach of his or her 
 good behavior, and a forfeiture of such recognizance ; and 
 judgment shall thereupon be awarded for the amount 
 thereof.
 
 204 
 
 Title 43. Gaols. 
 
 TITLE 43. Gaols. 
 
 An Act concerning Gaols and Gaolers, 
 
 A gaol to be 
 kept in each 
 county. 
 
 In what coun- 
 ties two gaols 
 shall be kept. 
 
 Expense of 
 building and 
 repairing gaol, 
 to be defrayed 
 by the county. 
 
 Judges of the 
 county court 
 and representa- 
 tives empower- 
 ed to tax their 
 respective 
 counties. 
 
 County court 
 empowered to 
 grant execu- 
 tion ; 
 
 to appoint col- 
 lectors ; 
 
 to displace 
 them . 
 
 
 and to appoint 
 others to finish 
 the collection. 
 
 it enacted by the Senate and House of Rep- 
 rescntatives in General Assembly convened. 
 That there shall be kept and maintained, in good and suf- 
 ficient condition and repair, a common gaol, in every 
 county town, in the several counties in this state ; and 
 there shall be two such common gaols in each of the sev- 
 eral counties of New-London, Fairfield and Middlesex. 
 to wit, one in each of the towns of New-London, Nor- 
 wich, Fairfield, Danbury, Middletown and Haddam. 
 
 SECT. 2. The whole expense of building such gaols. 
 (when there shall be occasion therefor,) and of keeping 
 them in repair, shall be defrayed by the respective coun- 
 ties to which the same belong. 
 
 SECT. 3. Whenever it shall be necessary to levy a tax 
 on the inhabitants of any county, the judges of the coun- 
 ty courts with the representatives for the time being, 
 chosen to attend the General Assembly, and belonging to 
 the towns in such county, shall have power to tax the in- 
 habitants of their respective counties. 
 
 SECT. 4. The several county courts shall have full 
 power, and they are hereby empowered, to grant execu- 
 tion to levy and collect any tax or taxes so laid as afore- 
 said ; and to appoint a collector in each town within 
 their respective counties, as often as occasion shall re- 
 quire, to collect the same ; which collectors shall have 
 the same powers and fees as collectors of the state taxes 
 have. And in case any person, so appointed a collect- 
 or, shall refuse to serve, such collector, so refusing, 
 unless excused by the county court, shall pay a fine of 
 seven dollars, to the treasurer of the county. And it 
 shall be lawful for the county courts, in their respective 
 counties, to displace any collector of county taxes, in 
 their county, for just and reasonable cause ; and in case 
 any such collector shall be so displaced, or shall, for any 
 reason, fail to complete the collection of the taxes speci- 
 fied in the rate-bills committed to him, the county court 
 of that county, shall be authorized to receive the rate- 
 bills of such collector, and to appoint some meet person 
 to collect such sums as remain uncollected on such rate- 
 bills ; and the person so appointed shall have the same 
 powers, and be subject to the same regulations as other 
 collectors of county taxe?.
 
 Title 43. Gaols. 203 
 
 SECT. 5. The county treasurers, under the direction County treas- 
 of the respective county courts, shall give out their war- urer to lssue 
 rants to such collectors, to levy and collect such tax ; lectors. 
 and in case any such collector shall neglect or refuse to 
 pay the same into the county treasury, according to the 
 direction of such warrant, the county treasurer shall, by 
 warrant under his hand, directed to some proper officer, To mate 
 make distress on such collector's person or estate, for 
 satisfying such sum or sums as shall remain unpaid, of the 
 sum or sums that said collector was ordered, by warrant 
 to him directed, to levy and collect. 
 
 SECT. 6. Whenever it shall be necessary to build a Expense of 
 new court-house, or to repair any such house, in any ^Irin^court^" 
 county in this state, the expense thereof shall be defray- house, to be de- 
 ed by the inhabitants of such county ; and the taxes that frayed by the 
 may be necessary for that purpose, shall be levied and count y- 
 collected in manner aforesaid. 
 
 SECT. 7. The respective sheriffs in the several coun- Sheriff to be 
 ties in this state, for the time being, shall have the charge j[ a ! : 1 per th * 
 and custody of the gaols in their respective counties ; and 
 they are hereby constituted the keepers of them, and 
 shall and may put in, and substitute under them, such 
 keepers of the said gaols as they shall see cause, and shall 
 
 be responsible for all damages that any person shall sus- 13 
 
 tain, by the escape of any prisoner out of such gaol, 
 
 through the fault or connivance of such keepers, or any 
 
 other person whatsoever, having the charge of such gaols, 
 
 under such sheriffs ; as, also, for all other faults and neg- an d for all 
 
 ligences of such under-keepers, by said sheriffs appoint- faults of under- 
 
 ed, in any matters respecting said trust. 
 
 SECT. 8. No person shall be committed to prison, by Mittimus neces* 
 
 virtue of a writ of attachment, or for any crime or of- ^-7 mo 
 f, . . . t i njiinicuij 
 
 ience, without a mittimus, signed by a proper magistrate, 
 
 declaring the cause . and ground of such commit- 
 
 ment, requiring the gaoler to receive and keep such per- 
 
 son in gaol until legally discharged ; which mittimus and a sufficient,. 
 
 shall be a sufficient authority to the officer io com- authority. 
 
 mit, and to the gaoler to receive and hold such person in 
 
 custody. 
 
 SECT. 9. The several county courts, in their respec- Liberties of th$ 
 tive counties, shall have power to designate a certain gaol. 
 reasonable space of ground, adjacent to each gaol, to be 
 denominated the liberties thereof, and to alter the same, 
 as occasion may require. And it shall be the duty of the Duty of the 
 sheriff to permit any person, who shall be in his custody, JjJJnJ " * 
 on civil process only, to go at large within the liberties of ers to the liber 
 the prison so designated ; provided such person shall tie?. 
 procure and offer to the sheriff a bond, to his acceptance, 
 with one or more sufficient sureties, conditioned, that h^
 
 Title 43. Gaols. 
 
 will remain a faithful prisoner, within the limits of said 
 liberties, until lawfully discharged. And the sheriff shall 
 New security, have power to require a bond, with new sureties, when- 
 ever he shall judge it to be necessary ; and on the neg- 
 lect or refusal of the prisoner to procure such bond, 
 may commit him to close confinement, till he procure the 
 Power of the same . And the sheriff may commit any debtor to close 
 mi e t r 'debtor S To' P""son, whenever he shall find that such debtor has vol- 
 close prison, untarily departed from the liberties of the gaol, and re- 
 turned within the same, if he shall judge it to be neces- 
 sary, to secure him against a liability for the escape of 
 such debtor. 
 Prisoners to SECT. 10. Every person who shall be committed to the 
 
 bear their own , i \'- j. .1 i i r \ 
 
 expenses. common gaol, within any county in this state by lawlul 
 
 authority, for any offence or misdemeanor, shall bear the 
 expences of conveying him or her to the said gaol, in- 
 cluding necessary guard, and also of his or her support, 
 while in gaol, before he or she shall be discharged ; and 
 the estate of such person shall be subjected to the pay- 
 State atlornies ment of such expenses : Provided, that the state attor- 
 authorized to n j es j n fa e severa l counties, by and with the advice of 
 one^luflden"" * ne superior or county court, shall be, and they are 
 only for fine hereby authorized, at their discretion, to discharge from 
 and costs. imprisonment, any person convicted of an offence, or 
 misdemeanor, and holden only for the payment of fine 
 and costs, who hath no property, or means of satisfying 
 the same, taking his or her note therefor, or security, if 
 obtainable. 
 Fuel, bedding, SECT. 11. Suitable fuel and bedding for the accommo- 
 
 &c. 10 be fur- Ration of debtors closely confined in gaol, and prisoners 
 Dished. ... j f ' , ,, r 
 
 committed tor matters of a criminal nature, shall, as occa- 
 sion may require, be furnished in each county in this 
 state, under the direction of the county court in the coun- 
 ty ; and the expense thereof shall be defrayed in the same 
 manner as the expenses of the county court. 
 
 Prisoners t be SECT. 12. All prisoners shall be permitted to provide 
 furnTs'h C their and send for their necessary food, where they please; 
 own necessa- and to use such bedding, linen and other necessaries, be- 
 ' nes - longing to them, as they think fit, free from charge, and 
 
 without their being purloined and detained. And no 
 Leeal fees only i / i i n i / 
 
 to be demand- kee P er < a common goal shall demand 01 any prisoner 
 
 d. greater fees for his commitment, discharge or chamber- 
 
 room, than such as are allowed by law. 
 
 bel'o'dged'ilfthe SECT * l 3 " Prisoners for debt sha11 not be lod g ed in an y 
 
 same room with comm n gaol, in the same room with criminals : and if 
 
 criminals. any gaoler or keeper of a prison shall offend herein, he 
 
 shall forfeit and pay to every prisoner for debt, aggrieved 
 
 thereby, treble damages, to be recovered in any proper 
 
 action, by virtue of this act.
 
 Title 43. Gaols. 207 
 
 SECT. 14. If any keeper of a common gaol, shall do, Keeper not to 
 or cause to be done, to any prisoner committed to his in J ure P"s&- 
 custody, any wrong or injury, contrary to the true intent " 
 of this act, he shall pay treble damages to the party ag- 
 grieved ; and also such tine, not exceeding one hundred 
 dollars, as the county court of the county wherein the 
 offence is committed, shall, upon information or com- 
 plaint to them made, considering all the circumstances, 
 think fit to impose upon him. 
 
 SECT. 15. The keeper of the gaol shall not be obliged Limitation of 
 
 to furnish food and necessary support, to any prisoner kee P er ' labih- 
 ... _* ty to furnish 
 
 committed on civil process, except as is hereinafter pro- support. 
 vided. 
 
 SECT. 16. When any person is committed to gaol, on Proceedings 
 civil process, and is unable to pay the debt or demand, KlnTSr tQ 
 he may make an application to a justice of the peace to debtor's oaih 
 take the oath hereinafter provided for poor debtors, and 
 shall cause notice to be given to the adverse party, if an 
 inhabitant of the state, otherwise to the attorney of such 
 adverse party, to appear and shew reason, if any he has, 
 why such oath should not be administered t which notifi- 
 cation shall be signed by ajustice of the peace, and shall 
 be served at least four days inclusive, before the day spe- 
 cified for administering the same, by some proper oflicer, 
 or indifferent person, who shall leave a true and attested 
 copy thereof with the adverse party, or at his usual place 
 of abode, if an inhabitant of this state, otherwise with his 
 attorney ; and such service, if made by an officer, shall 
 be proved, by his return on such notification ; and if 
 made by an indifferent person, by his affidavit, before a 
 justice of the peace, indorsed thereon: and the justice of 
 the peace to whom such notification is returnable, shall 
 proceed to enquire into the matter, and, if no sufficient 
 reason be shewn to the contrary, he shall administer to 
 such debtor the following oath, to wit: "You A. B. Formofoatb. 
 solemnly swear, that you have not any estate^ real or per- 
 sonal, in possession, reversion, or remainder, of the value 
 of seventeen dollars in the whole, or sufficient to pay the 
 debt or demand for which you are imprisoned ; (except 
 what is by law exempted from being taken on execution) 
 and that you have not, directly or indirectly, sold, or 
 otherwise disposed of, all, or any part of your estate, 
 thereby to secure the same, to receive or expect any 
 profit or advantage thereof, or to defraud or deceive your 
 creditors : So help you Got?." And the keeper of the 
 gaol shall not, thereafter, stand charged with such pris- 
 oner, unless the creditor shall lodge with the keeper o 
 the gaol, such sum of money for a weekly maintenance as Weekly main- 
 the county court in the county shall establish, as die te " 8nce -
 
 208 Titk 43. Gaols. 
 
 weekly allowance to be made by creditors, for their debt- 
 ors, after such oath shall have been administered to them ; 
 which maintenance the several county courts are author- 
 Apportionment i zec i to establish : and when any prisoner shall take such 
 
 in case of two oa ju U p O n two or more attachments or executions, such 
 or more attach- , n , . . . , , 
 
 mentsorexecu- weekly allowance shall be paid, in equal proportions, by 
 
 tions. the plaintiffs or creditors, by whom he is detained in 
 
 Keeper to pay prison ; and it shall be the duty of the gaol-keeper to 
 over money to p a y to such prisoner, every week, the amount of his/veek- 
 }y. S *" ty allowance in money, if by him requestcd.( 1 ) 
 
 SECT. 17. When any person, committed to gaol on 
 fme^fp^operty c ' v ^ process, shall claim to be destitute of property, he 
 to be supported may apply to the keeper of the gaol, who shall furnish 
 u " t51 lie can him with necessaries, in case such prisoner shall, forth- 
 debtor's oath". w ith? proceed to take the oath provided for poor debtors, 
 in manner aforesaid ; and in ease said oath shall be so 
 administered, the keeper of the gaol shall not stand charg- 
 ed with such prisoner, unless the plaintiff or creditor 
 shall leave money for his support, as aforesaid, and also 
 pay for the support of such prisoner from the time he 
 made application for his support, till he took the pt>or 
 debtor's oath, at the same rate as shall be established for 
 his weekly maintenance, provided the time shall not ex- 
 Keeper to have cee( ^ seven days ; and if the plaintiff or creditor shall not 
 remedy against pay for the support of such prisoner, antecedent to his 
 creditor, or taking the poor debtor's oath, the keeper of the gaol 
 shall be entitled to recover the same, by a proper action, 
 against such plaintiff or creditor. And if such plaintiff 
 or creditor shall be unable to pay the same, said keeper 
 '' shall have right to recover it of the town where such pris- 
 oner belongs ; and if he belong to no town in the state, 
 then such expense shall be paid by the state. 
 
 (1) In the revision of 1672, there was a rious modifications, bas continued to tbe 
 
 provision, tbat no man should be kept in present time. By our law, the goods or 
 
 prison for debt, unless be had some estate the lands of a person may be taken for 
 
 which he would not produce ; and that tbe payment of bis debts, or for the sat- 
 
 any court, assistant, or commissioner isfacMon of an injury : and his body may 
 
 might administer an oath to the party, or be imprisoned, to compel 1he production 
 
 any others suspected to be concerned in of his property for the same purposes. If 
 
 concealing his estate : and if no estate his person is imprisoned, and be has no 
 
 appeared, then he should satisfy his debt, estate beyond a limited amount, he can 
 
 by service, if the creditor required it ; but take the poor debtor's oath, and may not 
 
 could not be assigned to any but those of be detained in gaol, unless the creditor 
 
 the English nation. This law continued will furnish a support. If the creditor 
 
 in torce till 1810, but was rarely carried should furnish a support, he can then ap- 
 
 into effect. In 1702, an act was passed, ply to the superior court, for a decree of 
 
 prescribing the form of oath t o be taken insolvency ; and if he can prove, that he 
 
 by an imprisoned debtor, on giving notice is an honest man, he may be liberated ; 
 
 to the creditor; in which case, the debtor so that, by our law, no honest man, des- 
 
 eould not be detained in gaol, unless the titute of property, can be detained in 
 
 creditor furnished him a weekly allow*- prison for debt. 
 ance for his support i which act, with va-
 
 Title 43. Gaols. 209 
 
 SECT. 18. A pension granted to any person, for service A pension not 
 in the army or navy of the United States, shall not pre- to P rectlld e 
 elude him from taking the oath, provided for poor debt- 
 ors as aforesaid. 
 
 SECT. 19. When any such prisoner shall make appli- Application 
 
 cation to take such oath, and be refused, he shall not, at fo , oa ! b .' a f ter 
 
 ' refusal by ius- 
 any time afterwards, be allowed to make application tj ce , how 
 
 therefor, unless the same shall be made to two judges of made. 
 
 the county court, or to one such judge and a justice of 
 
 the peace, giving due notice as aforesaid, who are hereby 
 
 authorized to decide upon such application, and reject 
 
 the same, or to administer said oath, as shall appear to 
 
 them just and proper. Provided, however, that if from Further appli- 
 
 any change in the circumstances of such prisoner, sub- change of ch> 
 
 sequent to the rejection of his application by said two cumstances. 
 
 judges, or said one judge and a justice of the peace, he 
 
 shall become lawfully entitled to take said oath, he may 
 
 again make application therefor, in the manner herein 
 
 before provided. 
 
 SECT. 20. Whenever such oath shall be administered, Review on ar>- 
 by a single justice, upon the first application, the adverse creditor" 
 party shall have liberty to apply (if he see cause) to two 
 judges of the county court, or to one such judge and a 
 justice of the peace, to review the cause; giving reasona- 
 ble notice thereof to the prisoner ; and if, upon full hear- 
 ing thereof, it shall appear to the satisfaction of the triers, 
 that the prisoner is not by law entitled to the benefit of 
 such oath, they shall have power to order his or her sup- 
 port to cease ; and such prisoner shall thence-forward be 
 holden in prison, in the same manner as though said oath 
 had never been administered. 
 
 SECT. 21. All necessary expenses of the creditor, for Expenses ef 
 the detention and maintenance of any such prisoner in p^d'b^prh'. 6 
 gaol, the said creditor shall have power to levy with the oner, 
 execution, before the said prisoner shall be discharged 
 from gaol. 
 
 SECT. 22. Every person who shall be imprisoned for Pc /sons im- 
 non-payment of any fine imposed by a military officer or mjij"",! g^ 
 court martial, shall not be admitted to the oath provided not to be ad- 
 for poor debtors, but may be released therefrom by the mitted to poor 
 State Attorney for the county, by and with the advice of but may bere- 
 a judge of the county court, upon receiving a note or leased, 
 notes for such fine and costs. 
 
 SECT. 23. Whenever the prisoners, in any gaol in this Removal of 
 state, shall be exposed to any prevailing malignant sick- accounTof 011 
 ness, it shall be the duty of the chief judge, or the asso- prevailing 
 ciate judges, of the county court, in the county where sickl >ess. 
 such sickness prevails, to cause such prisoners to be re' 
 moved at the expense of the state, to some place of
 
 210 
 
 Title 43. Gaols. 
 
 Remanding of 
 
 Removal, for 
 
 Gaols to be 
 used under au- 
 
 United States 
 
 Liability of 
 the county for 
 escape through 
 insufficiency of 
 the gaol. 
 
 Appeal. 
 
 Power of the 
 county court 
 
 county 
 
 safety, in the next gaol, in the same or adjoining county, 
 there to be kept in the same manner as though such re- 
 moval had not been made, until such sickness shall abate 
 in the place or places from whence such prisoners have 
 been removed ; and then such prisoners shall, by order of 
 such chief judge, or associate judges, be removed back 
 from whence they were taken, also at the expense of the 
 state. And all keepers of gaols to which such prisoners 
 shall be removed, agreeably to the order of the chief 
 judge, or associate judges, are hereby commended to re- 
 ceive such prisoners, and them safely keep untill they 
 shall be duly remanded as aforesaid, or released accord- 
 ing to law. 
 
 SECT. 24. When any county is destitute of a gaol, any 
 P erson * n sucn county, liable to be imprisoned, may, by 
 lawful authority, be sent to the common gaol of the next 
 adjoining county ; and the keeper of such gaol shall re- 
 ceive and keep such prisoners accordingly. 
 
 SECT. 25. The gaols in the several counties may be 
 use d under the authority of the United States, for the con- 
 fi nemen t and safe-keeping of prisoners ; and the marshal 
 of the district of Connecticut, or any other officer acting 
 under the authority of the United States, shall have the 
 same liberty to use said gaols, and the same authority in 
 the keeping of prisoners in said gaols, under the authority 
 of the United States, as the keepers of said gaols under 
 the authority of this state have. 
 
 SECT. 26. If any person, lawfully committed to any of 
 
 ^he gaols in this state, in any civil cause, shall break such 
 
 i j u ^i r ^ 
 
 gaol, and make his escape, through or by reason ol the 
 
 defects or insufficiency of such gaol, the costs and charg- 
 es occasioned and expended thereby, and the damages 
 sustained by the person or persons, for whose cause the 
 said prisoner was committed to gaol, by reason of such 
 escape, shall be paid and answered out of the county 
 treasury, of that county wherein such defective gaol is ; 
 and the county court, of that county, upon application to 
 them made, and proof thereof, shall order payment ac- 
 cordingly ; the said costs and damages being first by them 
 justly ascertained and allowed ; and in case any person 
 or persons shall be aggrieved, by the denial or determina-. 
 tion of such county court, he or they may appeal to the 
 next superior court to be holdon in that county ; which 
 court is empowered to hear, adjust and determine the 
 same, and order payment as aforesaid, with reasonable 
 costs. 
 
 SECT. 27. If there shall not be a sufficiency of money, 
 at any time, in the county treasury, to answer such or- 
 ^ erp ' ^ e coun< 7 court of the county wherein monies are
 
 Title 44. General Assembly. 2 11 
 
 wanting for the purpose aforesaid, are hereby empower- 
 ed and directed to tax and assess the inhabitants of such 
 county, in such sum as the court shall judge needful, for 
 the purpose aforesaid ; and to appoint and empower a 
 collector or collectors, for collecting the same, and to 
 grant a warrant or warrants accordingly ; which collect- 
 ors shall have the same powers and fees, and shall be 
 liable to be displaced in the same manner, and be subject 
 to the same regulations, as other collectors of county 
 taxes. 
 
 SECT. 28. Provided nevertheless, that nothing in this Proviso, ex- 
 act shall be construed to prejudice or hinder any party cmpting the 
 
 f j , county where 
 
 or person, from recovering any expense, damages or costs, Sat i 8 faction 
 
 of the person or persons, or out of the estate of such may otherwist^ 
 person or persons, who shall break, or be aiding or assist- be ha< *- 
 ing in breaking the gaol, or who shall escape, or be aiding 
 thereto, according to law ; and when such remedy for 
 satisfaction may be had, the county shall not be charged 
 with, nor be ordered to pay, the said expense, damages or 
 costs. Provided also, that nothing in this act shall be Proviso, as to 
 construed or extended to save harmless, or excuse any ll h ftbl . 1 y of 
 sheriff, in any escape, but what shall happen through the 
 defect or insufficiency of the gaol as aforesaid, and that 
 without his default or negligence ; nor shall this act hin- 
 der any person from any remedy he now hath, or hereaf- 
 ter by law shall have, in all or any of the matters afore'- 
 said. 
 
 TITLE 44. Genera! Assembly. 
 
 An Act prescribing the mode of proceeding by 
 the General Assembly, in certain cases. 
 
 1 BBE it enacted by the Senate and House of Rep- 
 JL9 resentatives in General Assembly convened, 
 That all bills for public acts or laws, which shall have Bills for pub- 
 been passed by both houses of the general assembly, l iC f*f ts> j. 
 shall, as soon as passed, be carefully and accurately en- e d with 
 grossed, in a fair round hand, free from erasure and inter- 
 lineation; and such engrossed bills shall be signed by 
 the speaker of the house of representatives, and by the 
 president of the senate, and shall then be presented, by 
 the secretary, to the governor, for his approbation ; and 
 the bills thus signed by the speaker of the house, and the 
 president of the senate, which shall be approved by the 
 governor, and if not approved by him, shall otherwise, 
 agreeably to the constitution of this state, become law.
 
 212 
 
 Title 45. Governor. 
 
 Engrossing 
 committee. 
 Their duty. 
 
 Adversary pe- 
 titions to be 
 referred to 
 joint commit- 
 tees. 
 
 Each bouse au- 
 thorized to 
 make out their 
 debentures. 
 
 Public statutes 
 when to take 
 effect. 
 
 Clerk of the 
 senate, &c. em- 
 powered to ad- 
 minister oaths. 
 
 shall be public acts or laws, and, as such, be recorded and 
 kept on file ; and the secretary, at the end of each session, 
 shall cause such acts or laws to be published, from cor- 
 rect copies, by him made for that purpose. 
 
 SECT. 2. And in the beginning of each session, a com- 
 mittee of three persons shall be appointed, by and from 
 the house of representatives ; and it shall be the duty ol 
 such committee to procure such bills to be engrossed, at 
 the expense of the state, to be charged in the contingent 
 expenses of the house of representatives, and to present 
 such engrossed bills to the speaker, to be by him signed, 
 and transmitted to the president of the senate for his ^itr- 
 nature. 
 
 SECT. 3. And all petititions of an adversary nature, 
 pending before the general assembly, shall be referred 
 to a joint committee of the senate and house of represen- 
 tatives, which shall report the facts, and their opinion 
 thereon. 
 
 SECT. 4. And each house of the general assembly are 
 hereby authorized and empowered to make out their re- 
 spective debentures, and to make the grants necessary 
 and proper to cover their contingent expenses ; which, 
 being duly registered in the comptroller's office, shall be 
 paid by the treasurer. 
 
 SECT. 5. All public statutes shall take effect from the 
 rising of the general assembly by which they are passed, 
 unless otherwise directed by such statutes. 
 
 SECT. 6. The clerk of the senate, the clerks of the 
 house of representatives, and the chairman of committees 
 of the general assembly, or of either branch thereof, shall 
 have power, respectively, to administer oaths during the 
 session of the general assembly. 
 
 TITLE 43. Governor. 
 
 Governor au- 
 thorized to ap- 
 point a secre- 
 tary ; 
 
 his duty. 
 
 An Act authorizing the Governor to appoint a 
 Secretary and Notaries Public. 
 
 SECT. 1. 
 
 lE it enacted by the senate and House of Rep- 
 resentatives in General Assembly convened, 
 That the governor of the state, for the time being, or the 
 person by whom the office of governor may be adminis- 
 tered, be, and he is hereby authorized and empowered to 
 appoint a secretary, who shall duly receive the oath pre- 
 scribed by the constitution, for executive and judicial of- 
 ficers, and whose duty it shall be to attend the governor, 
 or the person administering the office of governor, during;
 
 Title 46. Grand-Jurors. 213 
 
 the sessions of the general assembly, and at all times to 
 keep a correct journal and record of all executive pro- 
 ceedings and decisions, and to do all other acts which 
 shall be duly required of him, which shall appertain to 
 said office ; for which services he shall be allowed the 
 sum of two hundred dollars per annum ; and a certificate Compensation, 
 from the person administering the office of governor, for 
 the time being, directed to the comptroller, stating the 
 sum due, shall authorize the comptroller to draw on the 
 treasurer of the state for the payment thereof: and it 
 shall be the duty of the secretary, to deliver over the ex- 
 ecutive journal and record, and all papers appertaining 
 to the executive department, to the successor in office 
 to the person by whom he may be appointed, as afore- 
 said: and the executive journal and record, shall, at all 
 times, be subject to the inspection of a committee, ap- 
 pointed by the general assembly ; and copies thereof may 
 be received by the general assembly ; and all copies of 
 the executive journal and record, attested by the secre- 
 tary, shall, in all cases, be admitted as legal evidence : 
 And the secretary shall not demand or receive any com- 
 pensation for copies he may furnish. 
 
 SECT. 2. And the governor is- hereby empowered to Governor em- 
 administer oaths ; and to appoint and commission such admfn7ster 
 notaries public, as the commercial interests of the state oaths, and to 
 
 mav render necessary and convenient. appoint nota? 
 
 ries public, 
 
 TITLE 46. Grand-Jurors. 
 An Act relating to Grand-Jurors. 
 
 O 
 
 . ~|^ E It enacted by the Senate and House of Rep- 
 1LB resentatives in General Assembly conventd, 
 That every town, at their annual meeting for the elec- ^^"Vfnd 11 " 
 tion of town-officers, shall choose and appoint not less jurors annual 
 than two, nor more than six grand-jurors, to serve for the ly- 
 year ensuing; who shall take the oath prescribed by 
 law. 
 
 SECT. 2. It shall be the duty of grand-jurors, diligently Their duty, 
 to enquire after, and to make due presentment of, all 
 crimes and misdemeanors, that shall come to their know- 
 ledge, whether committed before or after their appoint- 
 ment to the office ; which presentment they shall make 
 to the court having cognizance of the offence, or to some 
 justice of the peace, in the town where the offence is 
 committed. 
 
 SECT. 3. If any person elected a grand-juror, shall re- e s ? n alt { f c r . rr 
 fuse to accept the office, and take the oath prescribed by '" 
 
 "29
 
 214 
 
 Title -46. Grand- Juron, 
 
 Penalty for 
 neglect of duty, 
 
 Penalty on 
 towns for neg- 
 lecting to ap- 
 point grand- 
 jurors. 
 
 Grand'jurora 
 may meet ; 
 
 may require 
 attendance of 
 witnesses. 
 
 ^Proceedings to 
 compel them 
 to appear and 
 to testify. 
 
 Power of 
 courts to sum- 
 mon grand- 
 jury. 
 
 law, (unless he can render a sufficient and satisfactory rea- 
 son to the town-meeting, or to the authority before whom 
 he shall be called to take the oath, why he ought not to 
 serve.) he shall forfeit the sum of five dollars, to the use 
 of the town treasury, to be recovered by a proper action, 
 in the name of the treasurer ; and it shall be the duty of 
 the town to appoint another grand-juror in his place. 
 
 SECT. 4. If any grand-juror, after he is sworn, shall 
 neglect to make seasonable complaint, of any crime or 
 misdemeanor, committed within the town where he lives, 
 that shall come to his knowledge, he shall forfeit the sum 
 of two dollars, for every such offence, one half to him 
 who shall prosecute to effect, and the other half to the 
 use of the town where the offence is committed. 
 
 SECT. 5. If any town shall neglect or refuse to appoint 
 grand-jurors, as is required by this act, such town shall, 
 for every such neglect or refusal, incur a penalty of seven- 
 teen dollars, to the use of the treasury of the .county to 
 which such town belongs : and it shall be the duty of the 
 attorney for the state to prosecute for the same. 
 
 SECT. 6. The grand-jurors, in each town, may, if they 
 judge it necessary and proper, meet at such times and 
 places as they shall appoint, to advise concerning such 
 breaches of law, as by their office, they are to enquire 
 after and present : and they shall have power to call be- 
 fore them, at such meetings, any person or persons, as 
 witnesses, to be examined touching such delinquency as 
 they are enquiring after : and if any person refuse to ap- 
 pear before such grand-jurors, at such meeting, being 
 summoned by a subpoena from a justice of the peace, 
 (which subpoena any justice of the peace is hereby em- 
 powered to grant, at the request of such grand-jurors,) 
 then such grand-jurors may apply to a justice of the peace 
 for a capias, or warrant, who may issue one to bring such 
 person before them ; and if any person appearing, or be- 
 ing brought by a warrant, before such grand-jurors, shall 
 refuse to be sworn, or being sworn, shall refuse to be 
 examined as a witness, or to answer any proper or per- 
 tinent questions, respecting the matter of enquiry, such 
 grand-jurors may make complaint to any justice of th& 
 peace, who shall cause such person to be brought before 
 him, and, on conviction, shall commit him to to the com- 
 mon gaol, there to remain at his own expense, until he 
 give evidence as aforesaid. 
 
 SECT. 7. The superior and county courts shall have 
 power, when there shall be occasion, to order a grand- 
 jury of eighteen sufficient freeholders of the county, 
 where the court is sitting, to be summoned, impannelled 
 and sworn to enquire after all crimes and offences cog-
 
 Title 46. Grand- Jurors. 215 
 
 Sizable by said courts respectively ; and no person shall jnw 
 
 be put to" plead, or held to trial, for any offence pumsha- nd _ jliry is - 
 
 ble with death, or imprisonment for life, unless a bill oi necessary. 
 
 indictment be found, by a grand-jury, legally impanneled 
 
 and sworn ; and no bill of indictment shall be presented 
 
 by any grand-jury so impanneled, unless twelve, at least, 
 
 SECT. 8. For all other crimes presentment may be 
 made by grand-jurors, appointed by towns, or information ed 
 may be exhibited by the attorney for the state, in the 
 
 " ij. J / ~l \ 
 
 county where committed. (1) 
 
 (1) In 1643, an act was passed, requir- 
 ing thai a grand-jury of twelve men should 
 be warned, to appear at the court in Sep- 
 tember, annually, or as many as the gov- 
 ernor or court should think meet, to make 
 presentments of the breaches of any laws 
 or orders, or of any other misdemeanors, 
 within the jurisdiction, which should come 
 to their knowledge. In the revision of 
 1672, it is ordered, that the clerks of the 
 several county courts, should, by their 
 warrant, require one or more honest, able, 
 and judicious man or men, of every plan- 
 tation in their county, to serve on the 
 ^rand-jury : who were to be sworn to make 
 due presentmentof all breaches of the law, 
 that should come to their knowledge. 
 In the revision of 1702, there is a statute, 
 directing the clerks of the several county 
 courts, by warrant, to require one or more 
 honest, able and judicious men, of every 
 town in their respective counties, to ap- 
 pear at their respective county courts, or 
 before the next assistant or justice of the 
 peace, to serve on the grand-jury, and to 
 take the oath ; who should make diligent 
 enquiry after, and make presentment of, 
 all misdemeanors and breaches of the law 
 that should come to their knowledge, once 
 a month, to the next assistant or justice of 
 the peace ; who were empowered to hear 
 and determine all delinquencies, where 
 the penalty did not exceed forty shillings, 
 and where the penalty exceeded forty 
 shillings, to bind tbe offender to the next 
 court where the offence was cognizable. 
 This act first gave to single grand-jurors 
 the power of making presentment tor 
 crimes, and established informing officers 
 in every town By the common law, pre- 
 sentments can be made by the grand-jury, 
 only when they are summoned to attend 
 
 a court of criminal jurisdiction for that 
 purpose. 
 
 In 1712, a law was passed, that every 
 town should appoint, at their annual meet- 
 ing, two or more grand-jurors, for the en- 
 suing year ; who should be sworn by an 
 assistant or justice of the peace ; and that 
 the clerk of the town should return tlieir 
 names to the clerk of the county court, 
 who was required to summon such num- 
 ber of the grand-jurors as should be ne- 
 cessary, to serve at the county-courts 
 There is nothing in these early statutes 
 respecting the summoning of a grand-jury 
 to appear before the superior court. Ihe 
 practice was, however, for the superior 
 court to summon a grand jury, in all capi- 
 tal cases. 
 
 As single grand-jurors could present lor 
 crimes, it became unnecessary to summon 
 a grand-jury to attend the courts, when in 
 session. Accordingly, the practice seems 
 to have been discontinued ; and in the re- 
 vision of 1784, this requirement of the 
 law is omitted, and the superior and coun- 
 ty courts have power given them to order 
 a grand-jury of eighteen of those chosen 
 by the respective towns, or other free- 
 holders of the county, when there should 
 be occasion : and in capital cases, it wa 
 rendered necessary that the indictment 
 should be found by a grand-jury, in which 
 twelve should agree. The practice was, 
 for single grand-jurors, and attornies for 
 the state, to present for all crimes but 
 those which are capital: and in those cases 
 a grand-jury of eighteen freeholders of the 
 county were summoned, by order of the 
 court; and now, by the constitution, all 
 offences punishable by imprisonment for 
 life, as well as capital offences, must be 
 prosecuted by the indictment of a grand- 
 jury.
 
 216 Title 47. Guardian. 
 
 TITLE 47. Guardians. 
 
 An Act relating to Guardians and Minor*. 
 
 TTJ E it enacted by the Senate and House of Rep- 
 
 ^ j/ /"p R' < Vk 
 
 When persons ' -BJ rescntativ'es, inGencral Assembly convened, 
 
 are of full age. That all persons who have arrived to the age of twenty- 
 one years, shall be deemed of full age ; shall be freq from 
 Age for choos- the government of parents, guardians, or masters ; and 
 ing guardians. s h a ll be capable to do any lawful act. The age for 
 Guardians of choosing guardians shall be fourteen in male, and twelve 
 
 minors under in female children. The courts of probate, in their re- 
 
 tbatage.tobe , i- , . i_ 11 i 
 
 appointed by spective districts, shall have power to appoint guardians 
 
 court of pro- to all minors, under the age for choosing guardians, who 
 bate - have no father, guardian or master ; and to approve of 
 
 Appointment guardians chosen by those who are of age for that pur- 
 of guardians p Oge> 
 
 SECT. C 2. Where there shall be any minor of age for 
 choosing a guardian, who has no father, guardian or mas- 
 ter, the judge of probate, within whose district the minor 
 resides, shall notify him to appear, and choose some prop- 
 er person to be his guardian ; and if such judge shall ap- 
 prove of the person chosen, he may allow him to be guar- 
 dian ; but if he disapprove of such person, so chosen, 
 then the minor may choose some other proper person, to 
 be approved of arid allowed as aforesaid ; and if such mi- 
 nor shall refuse or neglect to make a choice, or shall not 
 choose a person approved of by said judge, then the judge 
 Guardian lobe may appoint a guardian for the minor. 
 
 appointed, SECT. 3. Where a minor has a father naturally want- 
 
 where the T 1-11 
 
 father is inca- in S in understanding, or insane, so as to be incapable to 
 
 pable ; take care of and provide for him, the judge of probate, 
 
 within whose district he resides, shall appoint a guar- 
 
 and where the dian, in the same manner as if the father were dead. 
 
 minor has es- SECT. 4. Where a minor, having a father, is entitled to, 
 or possessed of, estate, real or personal, not derived from 
 his father ; or where a minor, who has a master, is enti- 
 tled to, or possessed of, estate, real or personal ; the 
 judge of probate', whenever there shall be occasion, shall 
 have power to notify the father or master to appear, and 
 shew reasons, why a guardian should not be appointed ; 
 and if sufficient reasons are not shewn, may appoint the 
 father or master, if proper persons ; if not, then such 
 person as the minor may choose, if of age to choose a 
 guardian ; but if such minor shall neglect or refuse to 
 make choice, or be not of sufficient age, then the judge 
 shall appoint such person to be guardian, as may think
 
 Title 47. Guardians. 217 
 
 proper : and where, in such case, any person is appoint- 
 
 ed, other than the father or master, he shall have the 
 
 charge and management of the estate of the minor and Savmg^thc 
 
 no control over his person; and his authority shall not fe - thcr or mas . 
 
 be construed to effect the rights of the father or master ter. 
 
 over the person of the minor. 
 
 SECT. 5. The judge of probate, in allowing and ap- Bond to 
 pointing a guardian, shall take sufficient bond, and, if the 
 minor have any estate, with surety, of all such guardians, 
 for a faithful discharge of their trust, according to law, 
 and oblige them to render their accounts to the court 
 of probate, or to the minor, when he arrives at full age., 
 or at such other times as the court, upon complaint, shall 
 see cause to appoint. 
 
 * 
 
 SECT. 6. The courts of probate shall have power to 
 remove guardians, for good and sufficient reasons shewn 
 and to appoint others in their place, who shall give bonds 
 for a faithful discharge of the trust as aforesaid. 
 
 SECT. 7. The courts of probate shall have power, in ^ a a y cc oant . 
 their respective districts, with, or without a previous com- 
 plaint, by an order duly made, to oblige all guardians of 
 minors, from time to time, to render their respective ac- 
 counts against their wards for adjustment, before such 
 courts, and to compel, by due order, all guardians, whose 
 bonds are, or shall be found insufficient, to procure other 
 and additional bonds ; and if any guardian shall refuse to 
 render his account, or to procure additional bonds, when 
 required as aforesaid, such court may remove him from 
 the office, and appoint some proper person in his place, 
 and may cause his bond to be put in suit. 
 
 SECT. 8. When minors are parceners, joint-tenants, or Partition ot 
 tenants in common of lands with others, their guardians, }^J n a ong c 
 with the assistance of such persons as the court of pro- 
 bate for that purpose shall appoint, shall have power to 
 make partition of any such land with the co-tenants, 
 which shall be binding, and conclusive on such minors, 
 their heirs, and assigns; and the several courts of pro- 
 bate are hereby directed, on the application of such ten- 
 ant in common, or of the guardian of any minor, to ap- 
 point some meet person to assist in such partition ; and all 
 persons having right in any such land, shall, upon such 
 appointment, forthwith come to a partition of the same. 
 And the guardian of any minor, who is the mortgagee of 
 any lands or tenements, is hereby empowered, on receiv- Guardian of 
 ing the mortgage money, to release to the mortgagor the minor mortga 
 legal title to the mortgaged premises ; which deed of f5 e ( e P' 
 release shall be binding and conclusive upon such minor, | atis fi e ^ 
 his heirs and assigns. gage
 
 218 Title 47. Guardians. 
 
 SH^offi; SE "\ 9 ' Th e several courts of probate shall be,and they 
 sale of minor's are hereby authorised, for just and reasonable cause to 
 real estate. order the sale of real estate of any minor, on application 
 
 of the parent or guardian of such minor, and to empower 
 Parent, &c. to him ' 6r SOI e other meet person, to sell and convey the 
 give bond to same, in due form of law ; such parent, guardian or other 
 vest the avails, person, first giving bond, with surety, to the judge of pro- 
 
 bate, and his successors in office, with condition to vest 
 
 <fi~ avai1 ? of th( ; estate sold ' in other real estate ' to b e 
 
 conveyed to such minor, to place the same at interest, on 
 good security, by mortgage, of at least double the value 
 To render ac- the estate sold > or to lay out the same in the nurture, 
 count. Education or advancement in marriage of such minor, as 
 
 the court of probate shall direct or approve, and to ren- 
 der his account to such court, when required, or to the 
 To make return "I 1 *' when arrived at full age ; and it shall be the duty 
 of proceedings. the person making a sale under the provisions of this 
 Record of do- * ct ' to kG return of hi proceedings, as soon as may 
 ings of judge of be, to the court of probate, where the same shall be re- 
 
 fi?n K iD dis a - n C0rded ' W1 l en a J ud S e of Probate orders the sale of the 
 trict. real estate of a minor in an adjoining district, he shall 
 
 cause his doings to be recorded in the probate records of 
 the district, where such minor lives and belongs bv the 
 clerk thereof. 
 Further securi- SECT . 1Q . ft shalj be ^ duty of guch ^^ of ^ 
 
 whenever there may be 'occasion, to demand of the obli- 
 gor in such bond, his executors, or administrators, further 
 security, and on neglect or refusal to give the same, to 
 put such bond in suit, and the same to pursue to tinal 
 judgment, and the sum recovered to place at interest, on 
 good security for the benefit of such'minor. 
 
 jrfiSefS f C 7' n ' Whenever application shall be made for an 
 what court to order to sel1 tne r eal estate of any minor, belonging to 
 be made. any probate district of this state, in pursuance of this act, 
 
 such application shall be made to the court of probate, in 
 that district to which such minor belongs ; but if the mi- 
 nor do not belong to any probate district of this state, 
 then the application to sell such minor's real estate shall 
 be made to the court of probate in that district in which 
 such real estate is situate ; and whenever application 
 shall be made for an order to sell the real estate of any 
 minor, pursuant to this act, it shall be the duty of the 
 court of probate to cause notice of such application to be 
 Notice of appli- Published in some public news-paper, near the place 
 cation, bow to where such real estate lies, three weeks successively, at 
 least six weexs before making such order, and also such 
 When judge in further notice as the court of probate may deem proper. 
 the proper dis- SECT. 12. Whenever a minor shall be so nearly relat- 
 trict is disquali- ed to the judge of probate in the district where such minor
 
 Titled. Habeas Corpus. 219 
 
 Jives and belongs, that such judge cannot by law hear and fied, application 
 decide on an application for the sale of such minor's real |? be "f adt in 
 estate, the parent or guardian of such minor may make 
 application for the sale of such real estate to the judge of 
 probate, in the nearest adjoining district, who shall have 
 the same authority with respect to the person and estate 
 of such minor, as if he lived within his district. 
 
 TITLE 48. Habeas Corpus. 
 
 An Act to provide for issuing the writ of Habeas 
 Corpus. 
 
 . "M BE it enacted by the Senate and House ofRep' 
 JL9 resentatives in General Assembly convened, 
 That any judge of the superior court, or the county Who may is- 
 court, when in session, or the chief judge thereof, when habeas corous 
 said court is not in session, shall have power to issue the 
 writ of habeas corpus, and proceed thereon according to 
 law : and when any trial shall be before a single judge, 
 the court fee shall be two dollars, and when before a court 
 in session, no fee shall be paid. 
 
 SECT. 2. When application is made to such court or When and how 
 judge, for a writ of habeas corpus, and the facts are veri- to & "sued 
 fied by the affidavit of the person in whose favor the ap- 
 plication is made, or any other person, in which he or 
 she alleges, that he or she verily believes the person on 
 whose account such writ is prayed for, is illegally confined, 
 or deprived of his lawful liberty, it shall be the duty of 
 such court or judge,' to grant a writ of habeas corpus, di- 
 rected to some proper officer, to serve and return : who 
 shall receive and make due service of the same, by put- HOW to be 
 ting into the hands of the person, who has the custody of served, 
 the body of him or her, who is directed to be brought up 
 on said writ, a true and attested copy of the same ; and 
 shall make immediate return of said writ, with his doings 
 thereon, on pain of forfeiting fifty dollars, to the use of 
 the person so held in custody, to be recovered by action 
 on the case. 
 
 SECT. 3. If any person, having the custody of the body Penalty fordis- 
 of any one directed to be brought up, on a Writ of habeas obedience, 
 corpus, duly served, shall fail or neglect to bring up the 
 body, according to the command in the writ ; or shall re- 
 fuse to accept the copy offered in service of the same ; 
 or shall, in any way, fraudulently avoid bringing up the 
 body, according to the command in the writ ; or, having 
 brought up the body, shall neglect, or refuse to make re-
 
 220 Titled. Highways and Bridges. 
 
 turn of the cause of detaining such person, so held in 
 custody ; he shall be deemed guilty of a contempt of 
 court, and may be punished, by said court or judge, by 
 commitment, for such contempt, and shall also forfeit and 
 pay to the person so held in custody, two hundred dol- 
 lars. 
 
 X r i a i. SECT. 4. When any facts contained in such return shall 
 
 be contested, by the applicant, such court or judge may 
 hear testimony, and examine and decide upon the truth, 
 as well as the sufficiency of the return, and render sucL 
 judgment as shall to law and justice appertain. 
 
 The towns to 
 maintain 
 highways, 
 roads and 
 bridges. 
 
 Exception. 
 
 When a bridge 
 to be main- 
 tained by two 
 adjoining 
 towns. 
 
 When a life is 
 lost, by a de- 
 fective road or 
 bridge, the 
 town,&c. to 
 pay 
 
 four hundred 
 dollars dama- 
 ges, to chil- 
 dren, &c. 
 
 TITLE 49. Highivays and Bridges. 
 An Act relating to Highways and Bridges. 
 
 T3 E it enacted by the Senate and House ofRep- 
 J_J rescntativcs, in General Assembly convened, 
 That the inhabitants of the several towns in this state, 
 shall make, build and keep in good and sufficient repair, 
 all the necessary highways, roads and bridges, within the 
 limits of their respective towns, unless it may belong to 
 some particular person, persons or corporation, to main- 
 tain such highway, road or bridge, in any particular case. 
 
 SECT. 2. And when it is necessary to build or maintain 
 any bridge, across any river, or stream of water, which is 
 the boundary or dividing line, between any towns, it shall 
 be the duty of the inhabitants of such towns, to build and 
 keep in good repair every such bridge ; and each town 
 shall pay an equal part of the expense of building and re- 
 pairing the same, unless it shall be otherwise agreed by 
 said towns. 
 
 SECT. 3. If any person, at any time, shall lose his life, 
 in passing over any public road or bridge, through the 
 defect or insufficiency thereof, after due warning given to 
 any of the select-men of the town, in which such defective 
 road or bridge is, or to the person, persons, or clerk, or 
 a director of the corporation, who ought to maintain the 
 same, in writing, attested by two witnesses, or after an in- 
 formation made to the county court, by the attorney of 
 the state, in the county in which such town is, of such de- 
 fective road or bridge, then the said town, person, persons 
 or corporation, which ought to keep such road or bridge 
 in repair, shall pay to the child or children of said deceas- 
 ed, or if he or she have no child, to the husband or wife 
 of said deceased, or if he or she have no husband or wife, 
 to the parent or parents of such deceased, four hundred 
 dollars.
 
 Title 49. Highways and Bridges. 221 
 
 SECT. 4. If any person shall lose a limb, break abone, Persons injur- 
 or receive any bruise, or bodily injury, through, or by ^brid^eo'i- 
 means of, any such defective bridge or road, in manner road, to recov- 
 aforesaid, the town, person, persons or corporation, which er damages, 
 ought to keep in repair such bridge or road, shall pay to 
 the person so hurt or wounded, just damages. 
 
 SECT. 5. If any horse, or other beast, or cart, carriage, Owner of pro- 
 or other property, shall receive any injury or damage, ^[^ recover' 
 through, or by means of, any defective road or bridge, in damages, 
 manner aforesaid, the town, person, persons or corpora- 
 tion, which ought to keep such road or bridge in repair, 
 shall pay the owner of such beast or property, just 
 damages. 
 
 SECT. 6. The town, person, persons or corporation, Railings to be 
 which by law are obliged to maintain any bridge, road or erected on 
 highway, shall erect and maintain a good and sufficient b^idgeiTby 
 railing or fence on the sides of such bridge, and on the towns, fcc. 
 sides of such parts of such road, as are so made or raised 
 above the adjoining ground, as to endanger the safety of 
 travellers ; and if any person shall suffer any damage in 
 his person or property, by reason of any want of, or de- 
 fect in, any such railing or fence, such town, person, per- or P a 7 dama" 
 sous or corporation, shall pay to him, who shall so suffer, ges ' 
 just damages ; all which forfeitures and damages may be 
 recovered by any proper action. 
 
 SECT. 7. When the inhabitants of any town, shall neg- <5n ne s lect of 
 
 - 1-11 i_ -j town to keep a 
 
 iect or refuse to build or repair any bridge, across a river pr0 p er bridge, 
 
 in a public highway, within the bounds of such town, or how to pro- 
 when any town shall not agree to build or repair any 
 bridge across a river, that is the dividing line between 
 such towns, whereby the public travel is obstructed or 
 incommoded, on complaint thereof to the county court, 
 by any person or persons, said court is hereby empower- 
 ed and directed, (by a committee or otherwise,) to en- 
 quire into the public necessity and convenience of build- 
 ing or maintaining such bridge, and cause due notice to 
 be given to one or more of the select-men of such town, 
 or towns, to shew reason, if any they have, why they 
 should not be compelled to make or repair such bridge ; 
 and if no sufficient reason be shown to the contrary, and 
 such town or towns do not undertake to build or repair 
 such bridge, within such time as the court shall direct, 
 said court may appoint some suitable person or persons 
 to build or repair such bridge ; which being done, and 
 the expense thereof being liquidated and allowed by said 
 court, the same shall be paid by the inhabitants of the 
 town or towns, whose duty it was to have made and main- 
 tained such bridge, and execution may be granted againsf 
 ttiem therefor accordingly. 
 
 (j / 
 
 .10
 
 222 
 
 Senate to ap- 
 point commis- 
 sioners of toll 
 bridges. 
 
 IS'o person to 
 drive faster 
 than a walk on 
 a toll-bridge. 
 
 Proviso. 
 
 Proviso. 
 
 Draw in Hart- 
 ford bridge, 
 when not to be 
 opened. 
 
 Select-men 
 may lay out 
 ways. 
 
 Notice to own- 
 ers of land. 
 
 Damages, by 
 whom to be 
 paid. 
 
 How ascer- 
 tained. 
 
 Title 49. Highways and Bridges. 
 
 SECT. 3. The senate is hereby authorized and directed, 
 annually, to appoint two or more commissioners, to in- 
 spect each and every bridge in this state, at which toll 
 is by law receivable, for the benefit of any person, persons 
 or corporation ; which commissioners shall be subject 
 to the same duties, have the same powers, in relation to 
 the bridges of which they shall be respectively commis- 
 sioners, and be entitled to the same compensation, as 
 commissioners on turnpike roads, by law, have, or may 
 have. 
 
 SECT. 9. No person shall ride or drive, any horse, 
 horses, team or carriage of any kind, upon any bridge, 
 for the passing of which a toll is by law receivable, on a 
 faster gait than a walk, on penalty of forfeiting, for each 
 offence, one dollar, to be sued for and recovered, by the 
 person, persons or corporation, which shall be entitled 
 to such toll. Provided always, that such person, per- 
 sons or corporation, receiving such toll, constantly keep 
 at each end of such bridge, in full view of passengers, a 
 notification in the form following, to wit : " The riding 
 or driving any horses, team, or carriages, on this bridge, 
 in a faster gait than a walk, is by law prohibited." Pro- 
 vided also, the provision in this section, shall not extend 
 to the bridges and causeway in the meadow in East-Hart- 
 ford. 
 
 SECT. 10. The draw in the bridge across Connecticut 
 river, in the city of Hartford, for the passage of vessels 
 up and down said river, shall not be raised for the pas- 
 sage of vessels, or for other purposes, between the hours 
 of five and eight in the morning, on any day. 
 
 SECT. 1 1 . Be it further enacted, That the select-men of 
 the respective towns, or the major part of them, may lay 
 out such public highways, or private ways, as they shall 
 judge needful, within their respective towns, first giving 
 reasonable notice to the owners of the land through 
 which the same are to be laid out, or leaving such notice 
 in writing at their place of abode, if within this state, to 
 be present, if they see cause, at the laying out of such 
 ways ; and the damage done to such person or persons, 
 by laying out the same, shall be paid by the persons ap- 
 plying for such ways, if the same be for their private use 
 only ; but if such ways be for the common use of the 
 inhabitants, or of the public, it shall be paid by the town; 
 and if the select-men and persons interested, cannot agree 
 as to the damages done by laying out such way, the se- 
 lect-men shall apply to a justice of the peace, who shall 
 appoint three judicious, disinterested freeholders, who, 
 being sworn for that purpose, shall estimate and assess to 
 each person injured, the damages sustained by him, in lay-
 
 Title 49. Highways and Bridges 223 
 
 ing out said way, and a survey in writing, under the hands Survey. 
 of the select-men, containing a particular description of 
 such way. being made, accepted by the town, and record- Record, 
 ed in the records of lands in such town, and satisfaction 
 being made to the persons damnified, or the money de- 
 posited in the town treasury for their use, ready to be 
 paid to them, when they shall apply for the same, accord- 
 ing to the agreement, or estimate, made as aforesaid, such 
 way shall be and remain for the use for which it was laid 
 out. But no highway, or private way, laid out by the se- Time of open- 
 lect-men, in manner aforesaid, through any person's in- j n -^^f ys 
 closure, who shall declare himself aggrieved, by laying a'ny person's 
 out the same, shall be laid open or occupied, until the enclosure, 
 expiration of twelve months, after the laying out of such 
 way, that such person may have opportunity to apply for 
 relief as is hereinafter provided, and also have time to 
 fence and secure his inclosure. 
 
 SECT. 12. When any new highway, or common road, Count y cmjl " 
 ~ J , i -.1 ma y layout 
 
 irom town to town, or place to place, within the same highways, 
 
 towns, where the select-men of that town neglect or re- "hen and how. 
 fuse to lay out the same, shall be wanting, or where old 
 highways or public roads, may with more convenience be 
 turned or altered, any person or persons may make ap- 
 plication to the county court within the county where the 
 highway or alteration is proposed to be made, for that 
 purpose ; which persons, so applying, shall, at least twelve 
 days before the sitting of the court to which they shall 
 make application, cause a citation to be served on one Citation. 
 or more of the select-men of the town, within which 
 the highway is moved to be laid out or altered, to ap- 
 pear, if they see cause, at said court, and make theii ob- 
 jections, if any they have, against such highway's being 
 laid out or altered ; and thereupon, if no objections are 
 offered against said application, or if the objections offer- 
 ed are adjudged insufficient, the court before whom such 
 application shall be pending, shall appoint a committee Appointment 
 of three disinterested freeholders, to enquire into the 
 convenience and necessity of the highway or road, thus 
 prayed to be laid out or altered ; which committee, be- Committee to 
 fore they enter on the duties of their appointment, shall 
 take the following oath, to wit : " You swear that you Form of oathi 
 will truly and faithfully, and according to your best skill 
 and judgment, perform the duties and services assigned 
 you in your commission : So kelp you Gorf." And shall 
 give twelve days' notice, to a majority of the select-men Notice, 
 of the town or towns, in which such highway or road is 
 proposed to be laid out or altered, of the time and place 
 at which they will meet, for the purpose of entering on 
 said service; and shall also cause a notification in writing.
 
 Survey and 
 laying-out of 
 highway. 
 
 Report. 
 
 Persons inter- 
 ested may re- 
 monstrate. 
 
 Reassessment 
 of damages. 
 
 Jury. 
 
 By whom sum- 
 moned. 
 
 Their powers. 
 
 Power of the 
 court to set 
 aside reassess- 
 ment. 
 
 Power of the 
 sheriff to re- 
 lease disquali- 
 fied jurors, and 
 
 summon oth- 
 ers, 
 
 Title 49. Highways and Bridges. 
 
 of the time and place of such meeting, to be set upon a 
 sign-post in such town or towns, at least twenty days be- 
 fore the time of such meeting; and if such committee 
 shall be of opinion, that such highway or road, or altera- 
 tion therein, will be of common convenience and neces- 
 sity, they shall proceed to survey and lay out the same, 
 and assess the damages which will thereby accrue to in- 
 dividuals ; and shall, thereupon, make their report in 
 writing, of their doings, and return the same to such 
 court. And all persons interested or atlected, by the 
 laying out or altering of such road or highway, shall have 
 liberty to appear before said court, and remonstrate or 
 object against the acceptance of said report, and on the 
 hearing thereof, shall be at liberty to shew, that the lay- 
 ing out or altering such road, is not of common conven- 
 ience or necessity, as well as that it will be injurious to 
 individuals, and ought not to be accepted in other re- 
 spects ; or, if any person shall complain of the assessment 
 of damages, he may move for a jury to reassess the same ; 
 and if, upon a hearing of the objections to the report of 
 the committee, the court shall be of opinion, that it ought 
 not to be accepted, they may reject the same ; but if the 
 court shall be of opinion, that such report ought to be 
 accepted, then, before the acceptance thereof, if a jury 
 be moved for to reassess the damages, they shall order 
 such jury to consist of six disinterested freeholders, to 
 be drawn from the boxes of such towns in the county 
 where the application is made, as the court shall direct ; 
 and said jury shall be summoned and attended, by the 
 sheriff of said county, personally, or in case of his being 
 interested, or otherwise incapacitated, by such deputy- 
 sheriff in the county, as the court shall direct ; and shall 
 be legally sworn, a certificate of which shall be annexed 
 to their report. And the powers of such jury shall be 
 confined to granting relief to the person or persons mak- 
 ing said application, by the reassessment of damages only. 
 And the court to which the doings of said jury are re- 
 turned, shall have power to set the same aside, if, upon 
 exception taken, it shall appear to said court, that said 
 jury have been improperly summoned, or have conduct- 
 ed corruptly ; otherwise, the doings of said ju>:y shall be 
 conclusive as to the assessment of damages : And if the 
 court shall set aside the report of the jury, they shall or- 
 der another jury to reassess the damages, in manner afore- 
 said. And if it shall appear to the sheriff, or such depu- 
 ty, as aforesaid, after he has drawn said jurors from the 
 boxes as aforesaid, that any of them are taxed in the town 
 or towns where said road lies, or own real estate therein, 
 or are connected with any of the applicants for said jury,
 
 Title 49. Highways and Bridges. 22# 
 
 by blood or marriage, in such manner as would, by law, 
 prevent a judge from acting or giving sentence between 
 party and party, the sheriff, or such deputy, as aforesaid, 
 shall release said persons, and return their names into the 
 box whence drawn, and summon others to supply their 
 places, who are not interested or connected as aforesaid. 
 If, on the return of the'report of said jury, accepted by the 
 court,it shall appear, that there was no cause ofcomplaint, 
 and such jury shall not increase the damages allowed by 
 the committee to the applicants, then the court shall ac- 
 cept the report of the committee, and shall order the ap- Costs of appli- 
 
 ulicants for the jury, to pay the costs of the application; cation, by 
 
 c i iu f j i 11 whom to be 
 
 but it such jury, in the reassessment 01 damages, shall in- p ai( j 
 
 crease the damages to the applicants, the report of the 
 committee shall be accepted, and the damages so assessed In what cases 
 shall be allowed, with the costs of application, to be paid report to be 
 by the town ; or if no objection be made to the report of recorded*' 
 the committee, it shall be accepted ; and when so accept- 
 ed, in either of the cases aforesaid, and approved by the 
 court, the report shall be recorded, and said highway 
 shall be and remain a public highway ; and the expense Expense and 
 of laying out the same, and the damages sustained by damages, by 
 persons thereby, shall be paid by the town in whose lim- ^ a \& m 
 its it shall be laid out ; and said court shall direct when 
 said highway shall be opened, and when the damages as- 
 sessed shall be paid ; and upon the neglect of the town to 
 , make payment thereof, to the persons to whom the 
 same, or any part thereof, shall be ordered, the said 
 court shall direct a scire-facias against the select-men of Bemedy by 
 said town, to shew cause why execution should not be "'re-facias, 
 awarded against them ; and upon their neglect to show 
 sufficient cause, shall award execution against them, for 
 the charges aforesaid, with additional costs. 
 
 SECT. 13. If any person shall be aggrieved by the do- Relief for per- 
 
 ines of the select-men in laying out a public or private *! aggrieved 
 
 c i. j j by doings of 
 
 way, or by the estimate 01 the damages, such aggrieved se ] e ct-men. 
 
 person may, within eight months after the same is laid 
 out, apply to the county court in the county where- 
 in such way is laid out, for relief, causing said select- 
 men to be duly cited to shew reason, if any they have, 
 why such relief should not be granted ; which court may 
 make enquiry, by a committee, or otherwise, into the 
 convenience and necessity of such way ; and if they shall 
 find, that it is not of common convenience and neces- 
 sity, they shall set aside the laying out of such way, by 
 the select-men ; but if they shall find, that such way is of 
 common convenience and necessity, then, if application 
 be made for a jury to reassess the damages, they shall 
 order such a jury to proceed in the same manner, as in
 
 -226 
 
 In what cases 
 the county 
 court may lay 
 oat private 
 way a. 
 
 Expense and 
 damages, by 
 who* to be 
 
 paid. 
 
 Gates and 
 bars on private 
 way. 
 
 Provision for 
 making and 
 repairing pri- 
 vate ways. 
 
 Highways in 
 cities or bor- 
 ooghs, bow to 
 
 4*laidMrt. 
 
 Title 49. Highuxtys and Bridges. 
 
 case of highways laid out by a committee: and if the 
 damages allowed to the applicants shall not be increased^ 
 by the jury, then the application shall be dismissed, with 
 
 -. but if such damages shall be increased, by the ju- 
 ry, then the court shall order the same to be paid to the 
 applicants, with the costs of application. 
 
 T. 14. If the select-men of any town, upon appli- 
 cation to them made, shall refuse or neglect to lay out 
 such private ways, as may be necessary for any inhabit- 
 ants of said town, the county court is hereby empowered, 
 upon application, to cause such ways to be laid out, as 
 may appear necessary in the same manner, as public 
 highways are by this act directed to be laid out, and or- 
 der the expense of laying out the same, and damage 
 tained by any person thereby, to be paid by the p< 
 applying for such ways, if the same be for their use only ; 
 but if for the common use of the inhabitants, then to be 
 paid by the town. Where any private ways have been, 
 or shall be, laid out for private, and not for common use, 
 the county courts in their respective counties, in < 
 where such private ways have been, or shall be laid out 
 by them and the select-men of any town, in cases where 
 such private ways have been laid out by them, shall have 
 power to authorize gates and bars to be erected, and kept 
 up, on such private ways, in such manner as they may 
 think proper to direct. And the e\ eral towns in this state 
 shall have power to order such part of the money rai-ed 
 by taxes, for making and repairing public highways to be- 
 laid out in making and repairing private ways established 
 for private and not for common u-e, as they shall deem 
 reasonable ; and in such manner, as is provided in c. ; 
 public highways. 
 
 T. 15. Whenever any new highway, or common 
 road shall be wanted within the limits of any city, or bor- 
 ough, for the special convenience of said city or borough. 
 but not for common convenience or necessity, any per- 
 son or person'-, being an inhabitant or inhabitants of said 
 city or borough, may prefer a petition therefor to the 
 county court within the same county, which pfr-on or 
 persons, shall, at least twelve days before the siuir.g of 
 the court, to which the petition shall be prefer r< 
 aforesai'l. cau-c a citation to be -erved on the clerk of the 
 city or borough. a.~ f he rase may be. within who-e bounds 
 the tame- i-. prayed to be laid out, to appear, if the 
 cause, and object to the laying out of said highway ; and 
 
 -pon said court, and the cornrnitt.ee. (if the court 
 shall appoint a committee to enquire into the convc-n- 
 
 j.nd necc--ity of -uch highwaj. ., -hall proceed in 
 the game manner, as i- herein before provided, in regard
 
 Title 49. Highways and Bridges. 22? 
 
 to highways prayed to be laid out at the expense of towns : 
 said committee giving the same notice, to the clerk of the 
 city or borough, as the case may be, of the time and 
 place of their meeting, as in the latter case is provided to 
 be given to the select-men. And if the court shall ap- 
 prove the report of the committee laying out such high- 
 way, the same shall remain a public highway ; and the 
 expense of laying out the same, and the damages sustain- Exper.se and 
 
 ed bv any person or persons thereby, shall be paid by the da a g es > b y 
 A_ u i i i * -i i i i i i whom to be 
 
 city or borough, within whose bounds it shall be laid paid. 
 
 out ; and upon their refusal or neglect to make payment 
 thereof, to such person or persons, the said court shall - 
 issue a scire-facias against the mayor and common coun- Remedy by 
 cil of said city, or against the warden and burgesses of scire ^ aci s - 
 said borough, to shew cause, why execution should not 
 be awarded against them, and upon their neglect to show 
 sufficient cause, shall award execution for such expense 
 fluid damages, with additional costs. 
 
 SECT. 16. The select-men of any town, may, with the Power of se- 
 
 approbation of such town, discontinue any public high- lec t-men to 
 i i ii-j discontinue 
 
 way. or private way, which may have been laid out by certa i n yh. 
 
 them, or their predecessors in office ; and if any person ways, 
 shall be aggrieved, by the doings of the select-men, in dis- Pers " s ft g- 
 continuing a highway, an appeal shall be allowed to the by^m 
 county court, in the same manner, and under the same to the county 
 
 regulations, as is herein provided, for persons aggrieved nrt. 
 
 f , Power of coun- 
 
 by the doings oi select-men in laying out highways. And tj . conrt to 
 
 the several county courts may discontinue any highway, discontinue 
 which may have been laid out otherwise than by the se- ""necessary 
 lect-men, as aforesaid, and which may have become un- 
 necessary for public use. 
 
 SECT. 17. It shall be the duty of the several towns in Duty of town? 
 
 the state, at their annual or other lawful meeting, to lay a ?S Ux su (~ 
 
 J . ncicat to make 
 tax on the assessment list, made and perlected, or to be an <j repair 
 
 made and perfected, on the polls and rateable estate lia- highways 
 ble to be set in the list on the first day of October, in the 
 year preceding the year in which such tax is to be collect- 
 ed and expended, sufficient to make and keep in repair 
 all necessary highways therein. And they shall have Powers oi 
 
 power to divide the towns into highway districts of con- *? wns i *. l * 1 * r 
 
 J f i _v j tion to tueh- 
 
 icnient extent; to appoint surveyors ot highways, and way$ 
 
 collectors of taxes ; to layout the money, and repair the 
 highways, in such manner as they may judge proper ; to 
 make all necessary regulations for that purpose ; to in- 
 flict fines, not exceeding seven dollars, on persons ap- 
 pointed to be surveyors or collectors, who shall refuse to 
 serve, or having accepted, shall neglect to perform their 
 duty ; to prescribe the mode of recovering such fines ; to 
 direct the time and raauuer ; in which collectors of high-
 
 228 Title 50. Idiots. 
 
 \vny taxes shall render their accounts, and to proceed 
 against them for any default, as in the ase of negligent 
 collectors of town taxes : Provided, that where any town 
 has heretofore been authorized, by special act of the 
 general assembly, to repair the highways in such town, 
 in a manner different from the provisions in this sec- 
 tion, such town may continue to make and repair their 
 highways agreeably to such special act.(l) 
 
 Surveyors, fcc. SECT. 18. Whenever there may be occasion to clear 
 may open any water-course, or place or places, where the water 
 water-courses, mav ( j ra j n o ff from any road or highway, the surveyors 
 of highways, or other persons authorized to repair such 
 road or highway, may clear such water-courses and plac- 
 es, where water may drain off from highways, into or 
 through any person's land, so far as may be necessary, 
 sufficiently to drain off the water as aforesaid. 
 
 Towns, how SECT. 1 9. When any town shall neglect to keep in good 
 iiabie for roads an( j sufficient repair, any public road, within such town, 
 which it is the duty of such town to maintain and repair, 
 it shall be the duty of the county court, upon complaint 
 made, to order necessary repairs, and grant a warrant 
 against the select-men of such town, to collect the sums 
 State's attor- expended in such repairs ; and it shall be the duty of the 
 ney and sheriff state's attornies, and the sheriffs of the respective coun- 
 ties, to make complaint of any neglect as aforesaid, which 
 may come to their knowledge. 
 
 (1) In the revision of 1672, the mode of fications, till 1795, when liberty was gran- 
 
 'epairing highways was prescribed to be, ted to each town to lay taxes for this pur- 
 
 ty directing the towns to appoint survey- pose. The mode of repairing highways, 
 
 ors, who were empowered to call out men by taxation, was generally adopted ; and 
 
 and teams, two days at least, in each being the most equitable, it is now es- 
 
 year, to work on the highways. This tablished by law. 
 wiode was continued; with various modi- 
 
 TITLE 50. Idiots. 
 
 An Act providing for the care and government 
 of Idiots, Lunatics, and Spendthrifts. 
 
 . T3 E it enacted by the Senate and House ofRep- 
 
 ' JJ resentatives in General Assembly convened, 
 
 to appoint* con- That whenever any idiot, lunatic, or distracted person, 
 
 servator ; or any person, who by age, sickness or otherwise, has or 
 
 shall become incapable of managing his affairs, has any 
 
 estate, the county court, in the county where such 
 
 person resides, shall, on the application of the select-men, 
 
 of the town where he or she belongs, or any relation, 
 
 make due enquiry, and if they find such person to be in-
 
 Title 50. Idiots. 229 
 
 capable of taking care of him or her self, or of managing 
 
 his or her affairs, they shall appoint some proper person 
 
 to be the conservator of such idiot, lunatic, distracted or 
 
 incapable person, who shall give bond, with sufficient who shall give 
 
 surety, to the treasurer of the county, for a faithful dis- bond- 
 
 charge of his trust, and shall have the care and charge of His power and 
 
 his or her person, and of his or her estate, both real and dutj " 
 
 personal ; and such conservator shall, forthwith, make a 
 
 true and perfect inventory of said estate, and return the 
 
 same into the office of the clerk of such county court, 
 
 where it shall be kept on file ; and shall render his ac- 
 
 count to said court of the management of such trust, 
 
 when thereto required, and shall be allowed a reasonable 
 
 compensation for his services. And said court shall have 
 
 power to remove such conservator, for neglect of duty 
 
 and mismanagement in such trust, and to appoint anoth- 
 
 er in his place. 
 
 SECT. 2. It shall be the duty of the conservator to take 
 care of and manage the estate of such idiot, lunatic, 
 distracted, or incapable person, in a husbandlike manner, 
 without committing waste, and to apply the annual in- 
 come and profits thereof to support him or her, and his 
 or her family. He shall have power to collect all debts 
 due to such person, and to institute suits for that purpose ; 
 and to adjust and settle all accounts and debts due from 
 him or her. He may sell or dispose of the personal es- 
 tate of such person to pay his or her debts, and support 
 him or her, and his or her family ; and in case the annual 
 income of his or her estate shall be insufficient to support 
 him or her, and his or her family, and to pay his or her 
 debts, then on application of the conservator, to the coun- 
 ty court, they may liquidate the debts due from him or 
 her, and the expenses of his or her support ; and if they 
 find the personal estate to be insufficient to discharge the 
 same, or if, in their opinion, it will be for the interest of 
 such person that part of such personal estate should be 
 retained for his or her use, such county court shall have 
 power to order a sale of so much of the real estate as Sale of real es- 
 shall be necessary to pay the same, with incident charg- tate- 
 es of sale; and if such person should be restored to his 
 or her reason, then what remains of his or her estate, 
 shall be returned to him or her, or in case of his or her 
 death, to his or her heirs, executors, or administrators, 
 after a reasonable allowance to the conservator for his 
 services, to be ascertained by such county court. 
 
 SECT. 3, If any lunatic or distracted person shall go at Confinement of 
 
 large, who is dangerous and unfit to be without restraint, ^^ pjrson 
 and may injure others, in their persons or estate, it .shall 
 be the duty otthe civil authority and select-men of the 
 
 31
 
 230 Title 50. Idiots. 
 
 town where such lunatic or distracted person belongs or 
 resides, to order and direct that he be confined in some 
 suitable place ; and in case the person or persons, under 
 whose care such lunatic or distracted person shall be, or 
 who are bound to provide for, and support him or her, 
 shall refuse or neglect to confine him or her, in such 
 place and manner as by said civil authority and select- 
 men shall be directed, then the said civil authority and 
 select-men shall take proper and effectual means to pre- 
 vent him or her from going at large, and for his or her 
 confinement and support in some suitable place. 
 
 Confinement of SECT. 4. Whenever any person, tried for murderer 
 persons tried nganslaughter, shall be acquitted, on the sole ground of in- 
 man^ainrhter, sanity, the court, before whom the trial is had, may, if 
 and acquitted they deem it proper, commit such person to the gaol in 
 
 on the ground ^e county where such trial is had, there to be closely 
 
 of insanity. , . 
 
 confined during such insanity, unless some person or per- 
 sons shall undertake and give bond to the treasury of the 
 state, before such court, to their satisfaction, to confine 
 such insane person, in such manner as said court shall 
 order and direct. 
 
 Enlargement SECT. 5. And any person, confined as aforesaid, his 
 
 and disposal of or h er relations, shall have right to apply, by petition, to 
 such persons. , . ,, u u 
 
 the county court, m the county where such person is 
 
 confined, for his or her enlargement ; which petition 
 shall be served on the select-men of the town where 
 such person belongs, in the manner prescribed by law ; 
 and said court shall order and decree with respect to 
 the future disposal of the person so confined, as to them 
 Expense by shall appear proper and reasonable. And all expens- 
 Taid" 1 l bC es mcurre ^ under the three preceding sections, shall 
 be paid out of the estate of such lunatic or distracted 
 person, if any he or she has ; if not, by his or her re- 
 lations, if he or she has any, of sufficient ability, liable, 
 bylaw, to support him or her ; if none, then by the town 
 to which he or she belongs. 
 
 'Proceedings in SECT. 6. Whenever any lunatic or distracted person 
 relation to lu- shall go at large in any town in this state, any person 
 tracted erson ma ^ ma ^ e complaint thereof to any one of the select- 
 going at large, men or civil authority of said town, and if the select- 
 men and civil authority of such town shall not, within 
 three days thereafter, proceed with such lunatic or dis- 
 tracted person, agreeably to the third section of this 
 act, then such persons, so having made complaint, 
 may make complaint in writing, under oath, to 
 any justice of the peace in such town, informing 
 him that such lunatic, or distracted person is danger- 
 ous, and unfit to be without restraint ; and it shall there- 
 upon be the duty of said justice to issue his war-
 
 Title 50. Idiots. 231 
 
 rant to any constable of such town, commanding him 
 forthwith to bring such lunatic or distracted person be- 
 fore him, or some other justice residing in the same 
 town, and said justice shall proceed to enquire whether 
 such lunatic, or distracted person is dangerous and un- 
 fit to be without restraint ; and upon ascertaining that'to 
 be the case, may order him or her to be confined in 
 some suitable place, for such time as he, the said jus- 
 tice shall deem proper: Provided, That said justice Proviso, as to 
 
 may, at any time thereafter, upon being satified that t3lsc ' iar e fr ra 
 
 V * ',, J . , . confinement. 
 
 such person so confined as aloresaid. is no longer dan- 
 
 gerous and unlit to be without restraint, order him or 
 
 her to be discharged from confinement. And the pro- Application of 
 
 torf^ot nsr DTO* 
 
 visions of the fifth section of this act shall be applicable to visions. 
 all cases of confinement under this section. 
 
 SECT. 7. The select-men shall from time to time, Duty of select- 
 
 carefully inspect the management and conduct of all per- me " to ins P ett 
 
 ,-j. ,1 , - c ,\ j management, 
 
 sons residing in their respective towns ; and it they find & c . of their in- 
 
 any person, by idleness, gaming, intemperance, debauch- habitants. 
 ery, mismanagement, or bad husbandry, likely to spend 
 and waste his or her estate, to be reduced to want, 
 and to become chargeable to the town, they, or a major- 
 ity of them, shall appoint some proper person to be his 
 or her overseer ; to advise, direct and order him or her, 
 in the management of his or her business ; which ap- 
 pointment shall be under the hands of the select-men, 
 specifying the cause, and the time for which the appoint- 
 ment is made, not exceeding three years, and shall be set 
 up on the sign-post in said town, and a copy thereof shall 
 be lodged with the town-clerk of the town ; and such se- 
 lect-men shall have power to remove such overseer, for 
 neglect of duty, or mismanagement in his trust, and to ap- 
 point another in his place : and no person, under the 
 appointment of an overseer, shall be capable of making a 
 contract without his consent. 
 
 SECT. 8. It shall be the duty of the overseer to super- Duty of over- 
 intend the manaement of the estate and concerns of " In 
 
 such person, and to restrain him or her from improvi- 
 
 dent contracts, and from wasting his or her estate, and to 
 
 assent to all contracts and dispositions of his or her pro- 
 
 perty, necessary for a proper management of his or her 
 
 concerns, and the support of such person, or his or her 
 
 family. And if such person shall reform, the select-men Revocnlion O f 
 
 may revoke the appointment of the overseer; but if such appointment 
 
 measures do not produce a reformation, and he or she re- 
 
 fuses to submit to the authority of the overseer, then the 
 
 select-men may apply to two or more justices of the Proceedings 
 
 peace in the same town, who may issue a warrant, and 
 
 cause such person to be brought before them, or may no-
 
 232 
 
 Title 50. Idiofs. 
 
 Duty of over- 
 seer, in second 
 stage, 
 
 Sale of real es- 
 tate. 
 
 Removal of 
 overseer. 
 
 Disability to 
 continue nine 
 days after va- 
 cancy. 
 
 Proceedings to 
 be stopped, in 
 case of refor- 
 mation. 
 
 tify him or her to appear at some proper time and place, 
 or if he or she absconds, a notice left at his or her usual 
 place of abode shall be sufficient: And such justices of 
 the peace shall make due enquiry, and if they find, that 
 such person, by his or her misconduct, as aforesaid, is 
 wasting his or her estate, and is likely to be reduced to 
 want, and that he or she refuses to submit to the authori- 
 ty of his or her overseer, then they may direct and au- 
 thorize the overseer, or any other person they may think 
 proper to appoint, to take his or her family and estate 
 under his care. 
 
 SECT. 9. It shall be the duty of such overseer to make 
 out a true and perfect inventory of all the estate of such 
 person, both real and personal, and deposit a copy there- 
 of in the office of the town-clerk. And such overseer 
 shall have power to use and manage the estate, in such 
 manner as he judges will be for the best interest of such 
 person ; to collect and pay his or her debts ; and to insti- 
 tute suits for that purpose ; to apply the income and a- 
 vails of his or her estate to support him or her, and his 
 or her family ; and when necessary, to sell and dispose 
 of his or her personal estate. And if the rents and a- 
 vails of his or her estate shall be insufficient, to pay his 
 or her debts, and support his or her family, then the 
 overseer may apply to the county court, who, in such 
 case, may order a sale of his or her real estate for that 
 purpose. And all overseers appointed by two justices of 
 the peace, shall render an account, annually, to the select- 
 men of the town, and oftener, if required, of the manage- 
 ment of such estate, and the disposition thereof ; and may 
 be removed by the select-men, with the advice and con- 
 sent of two justices of the peace in the town, for miscon- 
 duct in their office, and others may, in like manner, be 
 appointed in their place ; and in case of the death or re- 
 signation of an overseer, the select-men, with the advice 
 and consent of two justices of the peace in the town, 
 may appoint another in his place. And whenever a va- 
 cancy shall occur in the office of an overseer, by death or 
 otherwise, the disability of the person over whom such 
 overseer may have been appointed to convey his or her 
 estate, or to make contracts, shall continue for the term 
 of nine days thereafter, that the select-men of such town 
 may have an opportunity to supply such vacancy, by an- 
 other appointment. 
 
 SECT. 10. Whenever such person shall reform, said 
 justices of the peace shall have powerto stop all proceed- 
 ings against him or her ; to revoke the appointment of 
 the overseer ; and to order his or her estate to be re- 
 turned to him or her. And if any person shall be ag-
 
 Title 51. Indians. 233 
 
 grieved, he or she may appeal from the doings of the se- Appeal, 
 lect-men, or the justices of the peace, to the county court 
 in the county where the parties live, who may grant the 
 proper relief. 
 
 SECT. 11. When it shall so happen, that any man shall Husband's es- 
 die without issue, leaving a widow, and estate real or per- s^L,,^ O f \^ 
 sonal belonging to him, such estate is hereby made lia- potent wido\v 
 ble for the support of the widow of such deceased hus- 
 band, during her widowhood, in case she becoming impo- 
 tent, and no person of ability be liable to support her. 
 And all and every person or persons, to whom such estate, 
 or any part thereof, is given or descends, respectively, 
 shall, so far as the estate so given or descended extends, 
 be held to support such widow, during her widowhood, in 
 proportion to the value of the estate so given or de- 
 scended, to him or them as aforesaid, respectively : such Such support 
 support and maintenance to be recovered of such heir or ^ of heireoi 
 legatee, or their heirs, in the same way and manner as legatees. 
 the same may be obtained against children for the sup- 
 port of their parents, according to the law in such case 
 made and provided. 
 
 TITLE 51. Indians. 
 
 An Act for the protection of Indians, and the 
 preservation of their property. 
 
 - jQit enacted by the Senate and House of Rep- 
 JL9 resentatives, in General Assembly convened, 
 That an overseer shall be appointed to each tribe of In- Overseer of 
 dians living within the limits of the state, by the county appointed by C 
 court, in the county in which such tribe resides, who shall the county 
 have the care and management of their lands, and shall court- 
 see that they are husbanded for the best interest of the 
 Indians, and applied to their use and benefit. And it 
 shall be the duty of the overseer of each tribe of Indians 
 in this state to execute a bond, with one or more sufficient Overseers of In- 
 sureties, payable to the state treasurer, in a suitable sum, ^' an * to S ive 
 to the satisfaction of the county court in the county where 
 he resides, conditioned that he will faithfully account, ac- 
 cording to law, for the funds which are or may be hereaf- 
 ter m his hands, belonging to such tribe. 
 
 SECT. 2. The overseer of each tribe of Indians shall, T scttle 
 annually, state and settle his account of the concerns of 
 such tribe, with the county court, in the county within 
 which such tribe resides ; and on failure thereof, or for 
 any neglect of duty, such county court may remeve him
 
 234 
 
 Title 52. Inhabitants. 
 
 Purchase of 
 land from In- 
 dians prohibit- 
 ed, and the 
 purchase void. 
 
 Penalty for 
 selling spirit- 
 ous liquors to 
 Indians. 
 
 Indians not Ha 
 ble on con- 
 tracts. 
 
 Possession of 
 land not to 
 make a title 
 against In- 
 dians. 
 
 from office, and appoint another in his place ; and saicf 
 court may, at any time, call such overseer to account. 
 
 SECT. 3. If any person shall purchase, hire, or receive, 
 hy gift or mortgage, any land from any indian or indians, 
 he shall forfeit treble the value of the land to the treasury 
 of the state, and the bargain and conveyance shall be 
 absolutely void. 
 
 SECT. 4. If any person shall sell or give any spiritou? 
 liquor to any Indian, he shall, for every such offence, pay 
 a fine of two dollars to the use of the town where the 
 offence is committed, for every pint, and in the same 
 proportion for every greater or less quantity : Provided. 
 that this shall not be construed to prevent or restrain any 
 act of charity, for relieving an Indian, in case of sicknes? ; 
 or necessity. 
 
 SECT. 5. No judgment shall be rendered against an 
 Indian, for any debt, or on any contract, except for rent 
 of land, hired and occupied by such Indian. 
 
 SECT. 6. In a suit brought by any Indian or Indian?, 
 for the recovery of land, reserved by Indians for them- 
 selves, or sequestered for their use, by the general assem- 
 bly, or by any town, agreeably to law, the defendant shall 
 not be permitted to avail himself of a possession for fif- 
 teen years or more, to make out a title. (1) 
 
 (1) When our ancestors took possession 
 of the territory nowcomposingtbisstate,it 
 was inhabited by a great number of tribes 
 of Indians They never had a war with 
 any tribe but the Pequots, within the state. 
 At a very early period, they were all in 
 some degree of subjection to the English ; 
 they were never treated as a conquered 
 nation, or enslaved ; but were treated as 
 friends and allies, and were considered as 
 a free people. The great object was, to 
 civilize and christianize them ; and the 
 control exercised over them was for their 
 protection and benefit. In the revision of 
 1672, regulations are found, requiring min- 
 isters of the gospel to endeavor to convert 
 the neighboring Indians to Christianity, 
 prohibiting powaws, and the profanation 
 of the sabbath, and punishing murders. 
 Precautions were taken to guard against 
 injuries committed by the Indians. In the 
 
 revision of 1702, there are some additional 
 regulations to prevent the selling of strong 
 drink to them ; to punish them for drunk- 
 enness ; to protect them in their rights of 
 property ; and to prevent any private per- 
 son from purchasing their lands. Under 
 this mild treatment, without war or pesti- 
 lence, they have been constantly diminish- 
 ing, and are now reduced to a very small 
 number, and will probably, in a short time, 
 wholly disappear. So great was their im- 
 providence, that the government, at an 
 early period, were obliged to appoint over- 
 seers to each tribe, which practice has 
 been continued to the present time ; and 
 all that can now be done for them, is to 
 prevent them from wasting their property, 
 and to see that the lands which have been 
 secured to them, by the government, for 
 their support, are properly managed, and 
 the avails applied to their benefit. 
 
 TITLE 52. Inhabitants. . jj 
 
 An Act for the admission and settlement of In- 
 habitants in Towns. 
 
 t 
 
 ' 
 
 settlements. 
 
 *' ennctc( ^ ty the senate, and House of Rep- 
 resentatives in General Assembly convened, 
 That no foreigner, or person who is not an inhabitant of
 
 Title 52. Inhabitants. 235 
 
 this state, or any of the United States, who shall come 
 to reside in any town in the state, shall gain a settlement 
 in such town, unless admitted by the vote of the inhabit- 
 ants of such town, or by consent of the civil authority 
 and select-men of such town, or unless such person shall 
 be appointed to and execute some public office. "* 
 
 SECT. 2. No person, who is an inhabitant of any of How inhabit* 
 the United States, (this state excepted) who may come JJ t 8 es [ l |J 1 h l er 
 to reside in any town in the state, shall gain a settlement gain settle- 
 therein, unless he shall have statedly resided in such ments. 
 town one year, next preceding the time he claims to be 
 admitted an inhabitant, and has some one of the requisites 
 enumerated in the preceding section ; or unless he shall 
 have been possessed, in his own right, in fee, of real 
 estate, situated in this state, of the value of three hun- 
 dred and thirty-four dollars, free from any incumbrance : 
 and where the title to such real estate shall be by deed, 
 such deed shall have been recorded, at full length, in the 
 proper office, for the term of one year : nor shall such 
 person gain a settlement, unless he has been the owner 
 of such estate, and has resided in such town, at least one 
 year next preceding the time he claims to be admitted as 
 an inhabitant. 
 
 SECT. 3. No inhabitant of any town in this state, shall ^^ofom!"*" 
 gain a legal settlement in any other town, unless he have town shall gain 
 some one of the requisites enumerated in the first sec- settlements in 
 tion in this act ; or unless he shall have been possessed, anotlier - 
 in his own right, in fee, of a real estate, of the value of 
 one hundred dollars, free from any- incumbrance, for the 
 space of one year, in the town to which he may have 
 removed, during his continuance therein ; or unless he 
 shall have supported himself, for the term of six years, 
 agreeably to the provisions in the next following section 
 in this act. 
 
 SECT. 4. Any inhabitant of any town in the state, may 
 remove, with his or her family, or, if such person have 
 no family, may remove him or herself, into any town, 
 and continue there, without being liable to be warned to 
 depart, or to be removed therefrom, except in the cases 
 hereinafter provided, and shall gain a settlement in the 
 town to which he or she may have so removed, in case 
 he or she shall reside in such town for the full space of six 
 years, from and after his or her first removal into such 
 town, and shall, during the whole gf said time, have sup- 
 ported him or herself, and his or her family, if such per- 
 son have a family, at the time of such first removal, or 
 at anytime during said term, without his, her or their be- 
 coming chargeable to such town, or to the town that may 
 by law be liable to charge for the support of such person
 
 236 
 
 Title 52. Inhabitants. 
 
 When paupers 
 belonging to 
 one town be- 
 come charge- 
 able in anoth- 
 er, how to be 
 removed. 
 
 Inhabitants of 
 other slates, 
 how to be re- 
 moved. 
 
 Expense, how 
 to be paid. 
 
 Select-men 
 may warn per 
 sons not in- 
 habitants of 
 
 or family : but if any such person, at any time before the 
 expiration of said term of six years, become unable to 
 support him or herself, and family, if any there be, and 
 become chargeable to the town that may be liable, for his. 
 her, or their support ; or, if such person, at any time 
 before the expiration of said term of six years, shall 
 neglect or refuse to pay any taxes within the time pre- 
 scribed by law for payment, demand having been made 
 by the collector thereof; then, in such cases, respective- 
 ly, every such person, with his or her family, may be re- 
 moved to the place of his or her last legal settlement, in 
 the same manner as is hereafter provided in this act re- 
 specting the removal of inhabitants to other states. 
 
 SECT. 5. When any inhabitant of any town shall re- 
 move into another town, and whilst there, he, she, or any 
 of his or her family, if any there be, shall become charge- 
 able to the town from which he, she or they, respectively, 
 removed, and to which they, respectively, belong ; then, 
 the civil authority, or any two of them, in the town to 
 which such pauper or paupers belong, shall have power, 
 on the applicatioiuof the select-men of such town, if 
 they shall judge proper, by warrant, under their hands, 
 directed to either of the constables of said town, to or- 
 der said pauper or paupers to be taken and transported 
 from the town where they reside and are chargeable, to 
 the town to which he, she, or they, respectively, belong ; 
 and such constable shall take and transport him, her, or 
 them, according to the directions contained in sudh war 
 rant. 
 
 SECT. G. When any inhabitant of any of the United 
 States, (this state excepted,) shall come to reside in any 
 town in this state, the civil authority, or the major part 
 of them, in such town, are hereby authorized, upon the 
 application of the select-men, if they judge proper, by 
 warrant, under their hands, directed to either of the con- 
 stables of said towp, to order said person to be conveyed 
 to the state, from whence he or she came ; and such 
 constable, on receiving said warrant, is hereby authoriz- 
 ed to execute the same ; and the expense thereof, being 
 liquidated and allowed, by the select-men of the town to 
 which such constable belongs, shall be paid out of the 
 treasury of such town. And also the expense of con- 
 veying an inhabitant of this state as aforesaid, shall be 
 liquidated, allowed and paid, in the same manner ; pro- 
 vided such person, in cither case, has not gained a legal 
 settlement as* aforesaid. 
 
 SECT. 7. The select-men of any town shall be, and 
 they are hereby authorized, either by themselves, or by 
 warrant from a justice of the peace, in such town, direct-
 
 Title 52, Inhabitants. 237 
 
 ed to cither constable of such town, which warrant such this state to 
 justice is hereby authorized to give, to warn any person e P ttrt - 
 not an inhabitant of this state, to depart such town ; and 
 the person so warned, shall forfeit and pay to the treas- 
 urer of such town, one dollar and sixty-seven cents per Forfeiture, foi 
 week, for every week he or she shall continue in such not de P artin - 
 town, after warning given as aforesaid ; and when any 
 such person, who shall be convicted of the breach of this 
 act, in refusing to depart on warning as aforesaid, hath no 
 estate to satisfy the tine, such person shall be whipped on 
 the naked body, not exceeding ten stripes, unless he or 
 she depart the town within ten days next after sentence 
 given, and reside no more therein, without leave of the 
 select-men. Provided nevertheless, that nothing con- Proviso, 
 tained in this section, or the section next preceding, shall 
 be construed to affect apprentices under age, or servants 
 bought for time. 
 
 SECT. 8. If any person, not an inhabitant of this state, Persons sent 
 shall return, after such sending away as aforesaid, and \ n a\o be 
 abide in said town from whence sent, after warning given hipped, 
 him to depart as aforesaid, he shall be whipped on the 
 naked body, not exceeding ten stripes, and may again be 
 sent away, and dealt with as aforesaid, as often as there 
 shall be occasion ; and the select-men in the respective 
 towns are hereby empowered and directed to prosecute 
 all breaches of this act. 
 
 SECT. 9. If any inhabitant in any town, shall, contrary Inhabitants ot 
 to the intent of this act, entertain or hire any such person ^entertain' 
 not an inhabitant of this state, who shall come to reside persons not iu 
 in such 'town, or let any house or land to such person, un- habitants of 
 less such inhabitant shall first give security to the accep- 
 tance of the authority and select-men of such town, to 
 save said tcwn from all expense that might be occasioned 
 thereby ; such inhabitant shall forfeit and pay to the 
 treasury of such town one dollar and sixty-seven cents per 
 week, for every week lie or she shall harbor, entertain, 
 hire, or let estate as aforesaid. 
 
 SECT. 10. Any person, who shall bring into this state The bringing 
 , . ?. r , . of paupers m- 
 
 any poor and indigent person, and leave him or her in any to (his state, 
 
 town within the same, of which town he or she is not an prohibited 
 inhabitant, such person so bringing in and leaving such - / f. \~. 
 poor and indigent person, shall forfeit and pay, for every 
 such person so brought in and left, the sum of sixty-seven 
 dollars, to be recovered in any court proper to try the 
 -ame. to and for the use of such town.
 
 238 Title 53. Insolvency. 
 
 TITLE 53. Insolvency. 
 
 An Act to authorize the Superior Court to grant 
 relief in certain cases of Insolvency. 
 
 ~1]| E it enacted by the Senate and House of Rep- 
 JLB resentatives in General Assembly convened, 
 
 Tetiiion for re- That whenever any person, who is an inhabitant of this 
 
 lief against state shall, according to the accustomed form of chancery 
 
 process, prefer his or her petition against his or her credit 
 
 ors, to the superior court, held in the county whereof he 
 
 or she is an inhabitant, representing that he or she is 
 
 Superior court insolvent, and praying for relief; such court shall, as a 
 
 to have cogm- cour t o f chancery, have cognizance of the case, and if, 
 
 upon a hearing and examination had, it shall appear to 
 
 the court that the petioner has a fair character for 
 
 probity and industry, and is not justly chargeable with 
 
 idleness or mismanagement in his or her affairs, and that 
 
 he or she has become insolvent, and has not conveyed 
 
 any of his or her estate with intent to defraud his or her 
 
 creditors, he or she shall be deemed and adjudged to be 
 
 an insolvent debtor within the true intent and meaning 
 
 of this act. 
 
 Mode of notice SECT. 2. Whenever any debtor shall prefer his or her 
 
 to creditors petition to the superior court for the benefit of this act, he 
 
 out of the , , r .,, c ,, . j -,, 
 
 . s t a te. or she may apply to either ol the judges 01 the superior 
 
 court, who is hereby authorized to grant an order, direct- 
 ing the notice which shall be given on such petition, to the 
 creditors of such debtor, living without this state ; and on 
 proof being made to said court that such order has been 
 . complied with, the court may, at their discretion, pro- 
 ceed to hear and determine such petition, at the term to 
 which the same is made returnable. 
 
 SECT. 3. Whenever any person is adjudged to be an 
 insolvent debtor, in manner aforesaid, such court shall 
 have power to appoint two or tKree judicious and disinter- 
 ested persons to act as commissioners, in exercising the 
 Commission- powers, and granting the relief in this act hereafter spe- 
 cified ; and such commissioners, before they shall be ca- 
 pable of acting, shall, respectively, take the following 
 Form of their oath ; " You A. B. do swear, that you will faithfully and 
 oatll> impartially, according to your best skill and knowledge, 
 
 execute the several powers and trusts reposed in you, 
 
 as a commissioner on the estate of : So help 
 
 you God." And the commissioners who shall be sworn 
 as aforesaid, shall proceed, as soon as maybe, to execute 
 their powers. And in order that the relief provided in 
 this act may ensue to such insolvent debtor, he or she
 
 Title 53. Insolvency. 239 
 
 shall, within thirty days from the rising of the court 
 aforesaid, assign upon oath, to such commissioners, by Assignment ot" 
 legal and proper conveyances, all his or her estate, real estete - 
 or personal, in possession, remainder, or reversion, ex- 
 cepting only such estate, as is not by law liable to be taken 
 in execution ; and the commissioners shall be authorized Commission- 
 to administer such oath to such insolvent debtor, and to ? rs ay , exara - 
 
 me insolvent 
 propound to him or her interrogatories to be answered up- on oath. 
 
 on oath, touching his or her estate ; and if, in the opin- 
 ion of the commissioners, such insolvent shall have made 
 a full and fair disclosure and assignment of his or her es- 
 tate, according to the true intent of this act. and not other- 
 wise, the commissioners shall deliver to such insolvent a 
 certificate, under their hands, that he or she has made an 
 assignment, of his or her estate, in conformity to the re- 
 quirement of this act : and such certificate shall be evi- Certificate 
 deuce of his or her conformity, and as such shall operate conformity 18 
 to protect the person of such insolvent debtor from ar- and shall pro-' 
 
 rest or imprisonment, for, or on account of, any debt or t ^. ct , tll f person 
 , j j . oftbemsolv- 
 
 demand due, or owing, to any creditor named in his or ent 
 
 her petition, at the date thereof, or 1o any other creditor, 
 who shall claim or receive any share or dividend from his 
 or her estate, by virtue of the provisions hereafter con- 
 tained in this act. Provided however, that if any creditor Proviso, that 
 or creditors, the recovery of whose claim or claims is < petition of 
 barred in manner aforesaid, shall prefer a petition against proof of fraud, 
 said insolvent, to the superior court, in the county where- the superior 
 in such insolvent resides, and shall, on trial thereof, make J l ^ Blt 2i*?' 
 proof, that such insolvent hath fraudulently concealed, or cat ; (0 be ot 
 wilfully neglected to assign any of his or her property, in no avail, 
 manner aforesaid ; or directly, or indirectly, sold, or 
 otherwise disposed of, any part thereof, thereby to secure 
 the same, to receive or expect any profit or advantage 
 thereof; or that any creditor, or pretended creditor, of 
 such insolvent, has exhibited to the commissioners, any 
 fictitious or false debt or demand, with intent to defraud 
 the real creditors of such insolvent, and that he or she, 
 knowing thereof, hath neglected to make discovery there- 
 of; such proof shall be evidence that such insolvent debt- 
 or hath deceived and defrauded his or her creditors ; and 
 it shall thereupon be the duty of the court to adjudge, 
 that hereafter the certificate given to such insolvent debt- 
 or, shall be of no avail as evidence in any court of law or 
 chancery, 
 
 SECT. 4. The commissioners shall hold all such estate J^*"^ 
 as shall be assigned to them, in manner aforesaid, for the commissioners, 
 benefit of all the creditors of such insolvent debtor as 
 shall exhibit and prove their claims ; and shall have full 
 power, in their own names, or otherwise, to collect all
 
 210 
 
 ftfe'etings of 
 commission- 
 
 Average. 
 
 Powers of su- 
 perior court 
 ver commis- 
 sioners. 
 
 Doings of com- 
 missioners to 
 toe lodged on 
 file in superior 
 court. 
 
 Title 53. Insolvency. 
 
 debts due, or owing to such insolvent, and to pursue any 
 action commenced by him or her, and to institute, and 
 pursue to final judgment, any suit for the recovery of any 
 estate assigned as aforesaid ; and it shall be the duty of 
 the commissioners to dispose of, sell and convey, as 
 speedily as may be, all the effects and estate, which shall 
 be so assigned to them, and the same to convert into mo- 
 ney, for the use of the creditors of such insolvent debtor. 
 
 SECT. 5. The commissioners shall also receive, adjust, 
 and ascertain the several debts, due and owing, by the in- 
 solvent debtor, to such of his or her creditors, as shall 
 seasonably present and prove the same ; and for that 
 purpose, they shall, within thirty days from the time such 
 assignment is made, give public notice of the times and 
 places of their meetings, in such newspaper or newspapers, 
 as the superior court shall direct ; and they shall meet at 
 least three different times, the last of which meetings shall 
 be at the expiration of six months from the public notice 
 given aforesaid, unless the superior court, holden as afore- 
 said, shall, for cause shewn, adjudge it reasonable, that the 
 time of the last meeting be further extended ; in which 
 Case, the commissioners shall conform to the direction of 
 such court : and no claim shall be admitted after such last 
 meeting; but as soon as may be thereafter, the commis- 
 sioners shall examine and decide upon all claims, which 
 shall, at the time of said last meeting, remain undecided. 
 And the commissioners shall average all claims allowed, 
 upon the avails of the estate which shall come to their 
 possession, first deducting therefrom all claims which 
 may be allowed in favor of this state, and a reasonable al- 
 lowance for their services and expenses ; and shall pay 
 over to each creditor, whose debt shall have been proved 
 and allowed, his or her rateable share or dividend. 
 
 SECT. 6. The superior court, which shall have appoint- 
 ed, shall have power, for cause shewn, to remove any 
 commissioner, and to supply any vacancy, which shall 
 happen ; and may, on motion of one fourth of the credit- 
 ors in value, and reasonable notice given to the com- 
 missioners, hear, and decree concerning any proceedings 
 by them had, or any neglect charged against them, after 
 granting the certificate aforesaid ; and may, by any pro- 
 per process in chancery, as occasion may require, compel 
 the commissioners to execute their trust, in such man- 
 ner as the court shall adjudge that the provisions of this 
 act require. And as soon as the commissioners on any 
 insolvent debtor's estate, shall have completed the set- 
 tlement thereof, they shall return to the court, to be lodg- 
 ed on file, a true and complete account of the proceeds 
 of such insolvent debtor's estate, as also of the several
 
 Title 54. Inspection of Provisions. 241 
 
 debts by them allowed, and of their charges and expen- 
 ses as commissioners \ and the certificate given by the Certificate to 
 commissioners, in manner aforesaid, shall be recorded in berecorded 
 the records of the court, declaring any person to be an 
 insolvent ; and an authenticated copy thereof shall be ad- 
 mitted in evidence in all courts in this state. 
 
 TITLE 54. Inspection of Provisions. 
 
 An Act to regulate the Inspection of Provisions, 
 and other articles of Commerce. 
 
 . ITJE it enacted by the Senate and House ofRep- 
 mJ resentatives in General Assembly convened, 
 That the county courts in the several counties in this The county 
 state, be authorized and empowered to appoint the sev- p^J 3 inspect- 
 oral inspectors, packers, and surveyors, necessary and ore, packers, 
 proper to carry the following act into execution, as fol- and surveyors, 
 lows, to wit : in the towns of New-Haven ard Hartford, 
 one or more, not to exceed three, and in all other towns in 
 this state not to exceed two, suitable persons to be in- 
 spectors and packers of beef, pork, butter and lard ; also, 
 one or more, not to exceed eight inspectors and packers 
 offish ; also, one inspector of flo'ir and corn meal ; also, 
 one or more, but not to exceed three in any town, in- 
 spectors, or surveyors of lumber and onions; also, one 
 inspector of hay ; also, one inspector of pot and pearl 
 ashes ; and in all cases of appointments as above, the Bonds to be ta- 
 county court shall take bonds of each person so appointed, ken - 
 for the faithful discharge of his duty, in the penal sum of 
 one hundred dollars, to the treasurer of said county; and 
 a certificate from the clerk of said court, shall be given to 
 each and every inspector of his appointment ; and all in- 
 spectors, now in office, shall hold and exercise their offi- 
 ces, until the first session of the county court in the coun- 
 ty to which they belong. 
 
 SECT. 2. All beef in barrels or half barrels, intended to Beef, 
 be exported to any market out of this state, shall be of 
 cattle well fatted, of not less than two years old, to be cut 
 into pieces as nearly square as is practicable, each piece 
 to weigh not more than eight pounds, nor less than four 
 pounds. AH such beef shall be sorted into five denomi- Denomina- 
 nations, to wit ; mess prime, No. 1, prime, No. 2, tions. 
 cargo and hock. Mess beef shall be the best pieces of Mess. 
 oxen or steers, of not less than three years old each, or 
 a steer weighing not less than six hundred pounds. Un- 
 der this denomination, skin, shoulder-clod, and neck, 
 shall be taken from the fore-quarters, and the leg and
 
 242 
 
 Title 54. Inspection of Provisions. 
 
 Prime, No. 2. 
 
 Cargo. 
 
 Hock. 
 
 leg rounds from the hind quarters ; and each barrel and 
 half barrel, containing beef of this denomination, shall be 
 branded, on one of the heads, with the words "Mess 
 
 Prime, No. 1. Bee/*." Prime beef, No. 1. shall consist of the best pie- 
 ces of fatted oxen, cows, steers, or heifers, of not less 
 than three years old, and each weighing not less than 
 four hundred pounds weight, and to average five hundred 
 and twenty pounds weight, without neck or shanks ; and 
 on one head of each barrel and half barrel of beef of this 
 denomination, shall be branded " Prime Beef, jVb. 1." 
 Prime beef, No. 2. shall be of fatted cattle, of any de- 
 scription, of not less than three years old, not before 
 mentioned, (bulls excepted,) with not more than half a 
 neck and three shanks, and without hocks, to the barrel, 
 and the same proportion to a half barrel ; and each bar- 
 rel, and half barrel, containing half of this denomination, 
 shall be branded on one head "Prime Beef, No. 2." Car- 
 go beef shall consist of fatted cattle of any description, 
 two years old, or more, each barrel of which may have 
 two hocks, and one half neck, and no more, and each 
 half barrel of which may have one hock and one quarter 
 neck; and one head of eachshallbe branded "Cargo Beef." 
 Hock beef may consist of hocks and necks, the flesh of the 
 cheek, hearts and skirts of hearts of fatted cattle, of all 
 descriptions, of at least two years old, each barrel and half 
 barrel of which shall be branded on one head, ''Hock Beef." 
 
 Salt and pickle. Every barrel of beef shall be salted with not less than 
 seventy pounds of clean St. Ubes, Isle of May, Lisbon, or 
 Turks-Island salt, or not less than eighty pounds of coarse 
 Liverpool salt, or other salt of equal quality, exclusive of 
 the pickle made of fresh water as strong as salt will make 
 it ; and to each barrel of beef of the first four denomina- 
 tions, shall be added six ounces of salt-petre, and each 
 half barrel of beef shall be salted with one half the quan- 
 tity of salt before mentioned, and three ounces of salt- 
 petre. 
 
 SECT. 3. All pork in barrels or half barrels, intended to 
 be exported to any market out of this state, shall be of 
 swine well fatted, and shall be distinguished by the names 
 mess, one hog, prime and cargo pork. Mess pork shall 
 consist of rib pieces only ; one hog pork shall consist of 
 one hog only to the barrel , prime pork shall consist of 
 three shoulders and one head and a half, the head not to 
 weigh more than twenty-four pounds to the barrel ; car- 
 go pork shall consist of not more than five shoulders and 
 not more than thirty pounds of heads to each barrel ; and 
 each barrel and half barrel of pork shall be salted and 
 pickled with the same weight of salt, and the same kind 
 of pickle, as in this act is provided for beef; and each 
 
 Salt-petre. 
 
 Pork. 
 
 Denomina- 
 tions. 
 
 How salted,
 
 Title 54. Inspection of Provisions. 213 
 
 barrel and half barrel of pork, when inspected and pack- 
 ed or re-packed, shall be branded in the same manner as and branded, 
 in this act is provided for beef, designating the different 
 qualities or denominations as in this section is described. 
 
 SECT. 4. All barrels and half barrels containing beef or Barre ' s > of 
 pork, put up in the manner aforementioned in this act, m a e t0 
 and for the purposes therein mentioned, shall be made of 
 good seasoned white oak, rock oak free from sap, or white 
 ash staves, and heading, hooped with twelve substantial 
 hoops, well seasoned, with not less than three pins in each 
 bilge. Each barrel for pork shall gauge not less than Gauge, 
 twenty-nine nor more than thirty-one gallons ; and each 
 barrel for beef shall gauge not less than twenty-eight, nor 
 more than thirty gallons, and contain two-hundred pounds 
 weight of beef or pork ; and each half barrel shall guage 
 fifteen gallons, and contain not less than one hundred 
 pounds weight of beef or pork. 
 
 SECT. 5. On one head of every barrel and half barrel Brand, 
 in which beef or pork is packed or re-packed for expor- 
 tation, shall be branded the weight it contains, with the 
 first letter of the Christian name, and the surname at length, 
 of the inspector who shall have inspected the same, with 
 the name of the town where it shall have been inspected, 
 in legible characters, and the year in figures, when the 
 same shall have been inspected , also the addition of the 
 word Connecticut, abbreviated. 
 
 SECT. 6. All pickled shad, codfish or mackerel, inten- Fish - 
 ded for market, shall be split, and well cleansed and pick- 
 led in strong brine. Shad and codfish shall be in such 
 brine at least fifteen days, and mackerel at least for forty 
 eight hours, before they are put up for market, and shall f^ market " P 
 be put up in barrels or half barrels, the barrels to contain 
 two hundred weight each, and the half barrels one hun- 
 dred weight each, of fish, well packed, with a sufficient 
 quantity of salt, and filled with strong brine. And shad Denomina- 
 so put up shall be of three denominations, viz. shad No. tlons - 
 
 1, to consist totally of shad well saved, free from rust or No. 1. 
 any defect, with the head and tail cut off, and backbone 
 taken out v each barrel shall contain not more than sev- 
 enty two shad, and each half barrel not more than thirty- 
 six shad. The second denomination shall be shad No. 
 
 2, to consist wholly of well saved shad, trimmed, pick- No- 2 - 
 led and prepared for packing, in the same manner as 
 shad No. 1. and there shall not be more than eighty-two 
 shad to a barrel, and not more than forty-one to a half 
 barrel. The third denomination of shad shall be shad No. 
 
 3, to consist of shad well saved, with the head taken ofF, 
 that will not answer for either of the two former numbers; 
 and said barrels and half barrels offish, shall be inspect-
 
 244 
 
 How inspected 
 and branded. 
 
 Barrels for fish, 
 how made. 
 
 Capacity. 
 Flour. 
 
 Qualities. 
 Barrels, &c. 
 
 Rye flour. 
 
 Brand. 
 
 inspection of 
 flour not des- 
 tined to a for- 
 eign market. 
 
 Title 54. Inspection of Provisw, 
 
 od and branded in the same manner herein before provi- 
 ded, for inspecting beef and pork ; and the inspector who 
 shall inspect and brand the same, shall designate by each 
 brand, the quality and weight, and kind offish, contained 
 in said barrel and half barrel by him branded, and also the 
 name of said inspector, and the name of the town where 
 said fish was put up. 
 
 SECT. 7. All barrels and half barrels containing fish for 
 market or exportation, shall be well made of good season- 
 ed red oak, white oak or chesnut timber ; and each tierce 
 made with twelve hoops ; and each barrel shall be of the 
 capacity of twenty-eight to thirty gallons, and each half 
 barrel of the capacity of fifteen gallons and a half. 
 
 SECT. 8. All Hour of wheat or rye intended for foreign 
 exportation shall be of two qualities, distinguished by the 
 name of superfine or tine, and shall be put into barrels or 
 half barrels; each barrel shall be well made, and trimmed 
 with at least ten hoops, and contain one hundred and, 
 ninety-six pounds, and each half barrel shall be well made, 
 and trimmed with at least eight hoops, and contain ninety- 
 eight pounds ; all which shall be inspected and brand- 
 ed by an inspector of corn-meal and flour, before it may 
 be snipped for, or exported to, a foreign market. And it 
 shall be the duty of the owner, miller or manufacturer 
 of flour offered to be inspected, to pack the same, and to 
 cause the quality superfine or fine, and in case of rye 
 flour, the words "rye flour" in addition to the quality su- 
 perfine or fine, with the initial letters of his Christian name, 
 and surname at length, to be branded on one head of ev- 
 ery barrel and half barrel, in legible characters, and the 
 quantity, with the tare thereof, marked in figures : And it 
 shall be the duty of the inspector, upon application to 
 him made, to examine and determine the quality and 
 quantity of such flour, and upon findir.g such brand to de- 
 scribe truly the quantity and quality thereof, he shall 
 then, and not otherwise, brand on such barrel or half bar- 
 rel, the initial letter of his Christian name, and surname at 
 length, and place of residence, in legible characters ; and 
 if such inspector shall find such brand of the owner, mil- 
 ler, or manufacturer not to describe the quality or quanti- 
 ty truly, he shall erase the same, and make the brand ac- 
 cording to its true quality and quantity. Also, when any 
 owner, miller or manufacturer, of flour, put up in barrels 
 or half barrels, which is not destined to a foreign market, 
 wishes to have the same inspected, the same may be 
 packed, inspected and branded, in the same manner as is 
 provided for flour intended for foreign exportation. 
 
 SECT. 9. All corn-meal intended for foreign exporta- 
 tion, shall be- put up in hogsheads or barrels, shall be
 
 Title 54. Inspection of Provisions. 245 
 
 made of corn kiln-dried, and properly ground, bolted and 
 cooled, before packed. Each hogshead shall gauge at Hogsheads 
 Jeast one hundred and ten gallons, be made of good white 
 oak staves and heading clear of sap, well seasoned, suit- 
 able for holding spirits, and hooped with at least sixteen 
 hoops, or of other oak timber, well seasoned, with pine 
 heads and suitable for holding molasses, and trimmed 
 with at least sixteen hoops, containing at least eight hun- 
 dred pounds ; each barrel shall be substantially trimmed, Barrels, 
 and contain one hundred and ninety-six pounds. Corn- 
 meal may consist of two qualities, to be denominated No. Qualities 
 1 and No. 2. It shall be the duty of the owner, miller, or 
 manufacturer of corn-meal offered to be inspected, to pack 
 the same, mark the tare and quantity on one head of each 
 cask in figures, and brand the same with " K D, Corn- Brand 
 Meal No, 1," for the firstq uality, and "K. D. Corn- 
 Meal No. 2," for the second quality. And it shall be 
 the duty of the inspector, upon application to him made, 
 to examine the quality and quantity of such corn-meal, 
 and upon finding such brand to describe truly the quality 
 and quantity thereof, he shall then, and not otherwise, 
 brand on such hogshead or barrel, the initial letter of his 
 Christian name, and his surname at length, in legible 
 characters ; but if the inspector shall find such brand not 
 to describe truly the quantity and quality thereof, he 
 shall alter the same, and make it according to its true 
 quality and quantity. 
 
 SECT. 10. All cedar and pine shingles offered for sale Shingles 
 in this state, shall be liable to be inspected. Each bundle 
 inspected shall be branded across the butt, No. 1, No. 2, Q ualities 
 No. 3, or R. No. 1 , shall be at least eighteen inches long, No. l. 
 one half an inch thick at the butt, and four inches wide, 
 straight rifted and breasted. No. 2, shall be at Least eigh- No- 2 ' 
 teen inches long, seven sixteenths of an inch in thickness 
 at the butt, four inches wide, straight rifted and breasted. 
 No. 3, shall be at least seventeen inches long, three No - 3 
 eighths of an inch in thickness at the butt, four inches 
 wide and straight rifted. Refuse shall consist of all such R efu . 8e 
 shingles as will not pass inspection for either of the other 
 classes, and unless so bad as not to be half the worth of 
 No. l,in the estimation of the inspector, in which case 
 they shall be branded with " O." It shall be the duty of " O.' ; 
 the owners of shingles presented for inspection to place 
 such shingles as are required to be inspected, in such a 
 situation as that the bundles may be conveniently exam- 
 ined by the inspector of lumber ; and no shingles of any 
 quality shall pass inspection, unless so packed as to con- 
 tain by admeasurement one fourth of a thousand in each How packed, 
 round bundle, and either one thousand, one half a thmi- 
 
 33
 
 246 
 
 How forfeited, 
 
 Staves and 
 
 iieading. 
 
 Dimensions. 
 
 Casks for but- 
 ter or lard. 
 
 For pot and 
 peari ashes. 
 
 Bunches of 
 onions. 
 
 Title 54. Inspection of Provisions. 
 
 sand, or one quarter of a thousand in each square bundle. 
 Any person who shall offer for sale any shingles in this 
 state, or who shall export any shingles from this state, 
 which are branded " O," or are not branded at all, or 
 branded in any other manner not prescribed in this act, 
 shall forfeit the same, or the value thereof one half to 
 him who shall sue for and prosecute to effect, and the 
 other half to the treasury of the state : Provided thai 
 shingles imported from the state of New- York, and which 
 have been inspected and branded in said state agreeably 
 to the laws of said state, shall not be subject to the re- 
 quirements of this act. 
 
 SECT. 1 1. Staves and heading for exportation shall be 
 of the following dimensions, to wit : all white oak pipe 
 staves, four feet eight inches long, and three and a halt 
 inches in width ; white oak hogshead staves three and a 
 half feet long, and three and a half inches in width ; white 
 oak barrel staves two feet and a half long, and three and 
 a half inches wide ; white oak hogshead heading two and 
 an half feet long, and at least five inches in width, and all 
 free from sap ; all black or red oak hogshead staves, 
 shall be three and a half feet long, and three .and a half 
 inches wide ; all long sugar hogshead staves, shall be four 
 feet and seven inches long, and three and a half inches 
 wide ; and all staves and heading shall not be less than 
 five eighths of an inch thick at the thinnest edge. No 
 pine boards shall be deemed merchantable, unless the 
 same are one inch thick, and square edge. 
 
 SECT. 12. Every inspector of pot and pearl ashes, and 
 hay, shall brand on one head of every barrel, cask or 
 keg by him inspected, the initial letter of his Christian 
 name, and his surname at full length, and the name of the 
 town where the same shall he inspected, and also the 
 kind, quality and weight of all pot and pearl ashes, and 
 also mark the tare thereon. And all casks for containing 
 butter or lard for exportation, shall be well made of good 
 white oak timber, and well trimmed, and shall not con- 
 tain more than forty-five pounds. All casks for pot and 
 pearl ashes, shall be of the following dimensions, to wit : 
 twenty-nine inches in length, and nineteen inches in di- 
 ameter, at each head, to be made of white oak staves and 
 heading, sound and tight, and trimmed with at least 
 eighteen hoops ; and the tare of each cask shall be at 
 least fourteen per cent, on the weight of such cask and 
 the contents thereof. 
 
 SECT. 13. All onions, put up in bunches, shall be well 
 dried, and every bunch shall weigh three pounds and an 
 half, and before shipped for exportation to any foreign 
 port or market, shall be inspected.
 
 *Ttlle 54. Inspection of Provisions. 247 
 
 SECT. 14. All butter put up in firkins shall be inspect- Inspection of 
 ed, and the firkin shall be branded according to its quali- " n " er ln fir ' 
 ty before the same shall be exported. The first quality 
 shall be branded No. 1 . The second quality, No. 2, and Qualitie3 ' 
 the third quality, No. 3. 
 
 SECT. 15. All lard put up in firkins, before the same is Of lard in fir- 
 exported, shall be inspected, and the firkins No. 1, or ' 
 No. 2, according to its quality. And all such firkins of 
 butter or lard, shall have the tare weight marked on the 
 head thereof, by the owners of the same. 
 
 SECT. 16. All hay pressed, and put up in bundles for of pressed hay, 
 exportation, or transportation, coastwise, containing 
 more than two hundred weight, shall, before the same is 
 shipped, be inspected, and the quality thereof branded on 
 one of the hoops. The first quality. No. 1. Second Q 
 quality, No. 2. Third quality, No 3. 
 
 SECT. 17. It shall ot be lawful for an inspector of Imported shad 
 fish to inspect or brand any barrel, cask, or other vessel, n ltol >ebrand- 
 containing shad imported into this state, from any other 
 state or place. And each inspector offending against this 
 section shall forfeit to the treasury of this state, five dol- Penalty, 
 lars, for each barrel, or other vessel as aforesaid, by him 
 so unlawfully branded. 
 
 SECT. 18. If any inspector or packer shall, in the dis- Ins P e ctoror 
 charge of the duties of his ofiice, use any steel-yards or u se unsealed 
 weights, which have not been sealed according to law, he steel-yards or 
 shall, for each offence, forfeit and pay the sum of ten wcl o nts - 
 dollars, to and for the use of the town whereto he be- 
 longs. 
 
 SECT. 19. No inspector or packer shall be empowered Not to exer- 
 
 to exercise the duties of his office in any other town, eise official du- 
 c , . , , . J ' ties in another 
 
 than the one tor which he was appointed, under the pen- town. 
 
 alty of twenty-five dollars. And if any person, other 
 than a lawful inspector or packer., shall stamp or brand Unauthorized 
 any of the articles required by this act to be branded or E^d n * r " JLni 
 stamped by an inspector or packer, in the manner there- 
 in described, every person, so offending, shall forfeit and 
 pay the sum of twenty dollars for each and every such 
 offence. Provided, however r if any inspector or packer, Proviso, as to 
 being occasionally called into any other town where no ^rt&m cases, 
 inspector is appointed or resides, or where such inspect- 
 or or packer, by reason of sickness or lameness, is una- 
 ble to exercise the duties of his office, then and in such 
 case, an inspector or packer of the next adjoining town, 
 may exercise the duties of his office in such town, in the 
 same manner as by virtue of this act he could do in the 
 town for which he was appointed. Inspector or 
 
 SECT. 20. If any inspector or packer, appointed by packer subject- 
 virtue of this act, shall be guilty of any fraud or neglect, *
 
 for falsely 
 marking and 
 branding ; 
 
 (or fraudulent- 
 ly taking out 
 or changing 
 contents. 
 
 Penalties on 
 exporters and 
 roasters of ves- 
 sels for export- 
 ing articles re- 
 quired to be in- 
 
 out inspection. 
 
 Proviso as to 
 beef and pork 
 inspected in 
 Massachusetts 
 
 cles inspected 
 in another 
 state. 
 
 Oath of inspec 
 tor or packer. 
 
 Title 54. Inspection of Provisions. 
 
 contrary to the provisions of this act, and not otherwise 
 specifically provided for in this act, he shall forfeit and 
 pay, for every such offence, the sum of six dollars ; and 
 if any inspector or packer shall, contrary to the true in- 
 tent and meaning of this act, mark or brand any cask 
 containing beef, pork, fish, flour, corn-meal, or pot or 
 pearl ashes, which has not been actually inspected by 
 him, or shall put a false brand upon any such as has been 
 inspected by him, he shall forfeit and pay ten dollars for 
 each and every cask so falsely or deceitfully marked or 
 branded. 
 
 SECT. 21 . If any person after the inspection and brand- 
 ing of any cask containing any of the articles herein be- 
 fore required to be inspected and branded, shall fraudu- 
 lently take out, shift or change any part of the contents 
 thereof, or put into any such cask any of said articles not 
 inspected, with intent to evade the provisions of this act, 
 every person, so offending, shall forfeit and pay for each 
 and every such offence, the sum of twenty dollars. 
 
 SECT. 22. If any person or persons export, or ship for 
 exportation, to any foreign port, any of the articles afore- 
 said, not put up in the manner aforesaid, and inspected 
 and branded as by this act is provided, every such ex- 
 porter or shipper, and the master of every vessel know- 
 ingly having on board his vessel any such articles not put 
 up, inspected and branded, as aforesaid, shall, on convic- 
 tion thereof, respectively forfeit and pay the sums fol- 
 lowing, to wit : the owner, exporter or shipper, shall for- 
 feit and pay the sum of six dollars ; and the master of 
 any vessel, having the same on board, as aforesaid, the 
 sum of three dollars, for every cask or other vessel con- 
 taining any of the articles aforesaid, exported, or shipped 
 for exportation so as aforesaid, contrary to the provisions 
 of this act. Provided however, that any beef or pork, 
 brought from the state of Massachusetts, or New-York, 
 and any fish, corn-meal, or flour, brought from those, or 
 ' any other of the United States, that shall have been in- 
 spected and branded in the state, in which they were 
 manufactured, or put up for market, conformably to the 
 laws of such state, and accompanied with such evidence 
 thereof, as the laws of those states respectively require, 
 may be exported from this state, without any re-inspec- 
 tion. 
 
 SECT. 23 Each inspector and packer, before he enters 
 upon the duties of his office, shall take the following 
 oath or affirmation before some justice of the peace, to 
 wit : " You swear or affirm, (as the case may be,) that 
 you will faithfully and impartially execute the duties of 
 the office of Inspector, whereto you are appointed,
 
 Title 55. Intemperance. 249 
 
 agreeably to the laws of this state, and according to the 
 best of your abilities, without fear or favor of any per- 
 son : So help you God." 
 
 SECT. 24. All penalties and forfeitures arising by vir- Disposition of 
 tue of this act, may be recovered by action of debt, or on penalties, 
 statute, before any court proper to try the same, and 
 where not herein otherwise appropriated, one half thereof 
 shall accrue to the informer, who shall prosecute the 
 same to effect, and the other half to the county whereto 
 the offender belongs ; and it shall be the duty of all in- 
 forming officers to prosecute all breaches of this act. 
 
 SECT. 25. Each inspector shall be entitled to receive inspector^ 
 irom the owner of the articles inspected, for his services, fees - 
 the following fees, and no more, rzr. for cutting, weigh- 
 ing, packing, salting, pickling, heading and branding each 
 barrel of beef or pork, eighteen cents, and for each half 
 barrel, eleven cents ; and for performing the same, ex- 
 clusive of cutting, for each barrel, eleven cents, and for 
 each half barrel, six cents : For packing, heading, flag- 
 ging, pickling and branding each barrel of fish, twelve and 
 a half cents, and each half barrel, nine cents: For in- 
 specting and branding each barrel of flour and corn-meal, 
 two cents, and for each halt' barrel, one cent and a half : 
 And for inspecting and branding each hogshead of corn- 
 meal, four cents ; and for inspecting and branding every 
 thousand of shingles, fire cents ; and for each bundle of 
 hay six cents ; and for each thousand feet of lumber, 
 twelve and a half cents, and for inspecting each thousand 
 bunches of onions, twelve and a half cents. 
 
 SECT. 26. And it shall be the duty of each and every Return of arti 
 inspector, packer, or surveyor, under this act, to make cles ' DS P e cted 
 return of each and every article by him inspected or sur- 
 veyed, with the kind and quality of the same, between the 
 first and fifteenth days of May, in each year, to the comp- 
 troller of public accounts, which returns shall remain in 
 said office on file, subject to the direction of the legisla- 
 ture. 
 
 TITLE 55. Intemperance. 
 
 An Act to prevent Intemperance. 
 
 . T> E it enacted by the Senate and House of Rep* 
 Mj resentatives in General Assembly convened, 
 That whenever two or more of the civil authority, in any Admonition to 
 town, shall believe, that any person within such town, by refrain from 
 an intemperate use of spiritous liquors, is in danger of be- 
 ing reduced to want, or misspends his or her time, or does
 
 250 
 
 Vesting on sign 
 post. 
 
 Forfeiture for 
 breach. 
 
 Revocation of 
 license. 
 
 Action not 
 maintainable 
 for liquor sold 
 to posted per- 
 sons. 
 
 Title 56. Jurymen. 
 
 not provide for his or her family, it shall be the duty of 
 such civil authority to admonish such person to refrain 
 therefrom, and to forbid all taverners and retailers in such 
 town to sell or deliver to such person, any spiritous li- 
 quors, unless thereto permitted, by a written license, 
 therein specifying the quantity) from such civil authority. 
 
 SECT. 2. If such person should not be thereby reformed, 
 it shall be the duty of such civil authority to cause the 
 name of such person to be posted on the several sign- 
 posts in such town, by a certificate under their hands, for- 
 bidding all persons to sell or deliver to such person, any 
 spiritous liquors ; and if, after such notification, any per- 
 son or persons in such town, or any person or persons 
 within any other town in this state, who shall have receiv- 
 ed information of the same, shall sell or deliver to the 
 person so posted, or be aiding or assisting therein, direct- 
 ly or indirectly, shall forfeit to the treasurer of the town 
 where such posted person belongs, seven dollars for eve- 
 ry such offence ; and if such person so selling, delivering, 
 or aiding or assisting therein, should be a licensed retail- 
 er, or taverner, his or her license shall be revoked and 
 annulled, by the civil authority of the town whereto such 
 retailer or taverner belongs ; and any justice of the peace 
 may hear and determine all breaches of this act ; and no 
 appeal shall be allowed in such case. 
 
 SECT. 3. No suit shall be had or maintained against 
 any person posted as aforesaid, for any spiritous liquors, 
 sold contrary to this act ; and all contracts and securities 
 therefor, entered into by such posted person, with any 
 person or persons within this state, notified as aforesaid, 
 shall be utterly void. 
 
 TITLE 56, Jurymen. 
 
 An Act prescribing the number of Jurymen for 
 each town in this State. 
 
 SECT. 1. 
 
 E it enacted by the Senate and House of Rep- 
 > resentatives, in General Assembly convened, 
 * That the several towns in this state, shall be entitled to 
 n^TeTfor'e'ach select, in the manner prescribed in the "Act for the regu- 
 townjin lation of civil actions," and for the purposes therein 
 mentioned, the number of jurymen to each town here 
 Hartford coun- annexed, to wit : Hartford, fifteen ; Berlin, twelve ; Bris- 
 tol, six ; Burlington, six ; Canton, six ; East-Hartford, 
 ten ; East- Windsor, fourteen ; Enfield, eleven ; Farming- 
 ton, fourteen ; Glastenbury, fourteen ; Granby, twelve :
 
 Title 56. Jurymen, 251 
 
 Hartland, eight ; Manchester, eight ; Maryborough, five ; 
 iSimsbury, ten ; Southington, ten ; Suftield, twelve ; Weth- 
 ersfield, twenty ; Windsor, fourteen. 
 
 SECT. 2. New-Haven, twenty ; Branford, twenty ; New-Haven 
 Cheshire, twenty ; Derby, twelve ; East-Haven, eight ; count y- 
 Guilford, twenty ; Hamden, eight ; Meriden, eight ; Mtd- 
 dlebury, eight ; Milford, twenty ; North-Haven, eight ; 
 Orange, six ; Oxford, eight ; Southbury, twelve ; Wai- 
 lingford, twenty ; Waterbury, twelve ; Wolcott, eight ; 
 Woodbridge, twelve. 
 
 SECT. 3. New-London, fifteen; Norwich, fifteen ; Boz- New-London 
 rah, six ; Colchester, fifteen ; Franklin, eight ; Griswold, county ' 
 eight ; Groton, sixteen ; Lisbon, eight ; Lyme, twenty ; 
 Montville, eight ; North-Stonington, ten ; Preston, ten ; 
 Stonington, twelve ; Salem, five ; Waterford, six. 
 
 SECT. 4. Fairfield, thirteen ; Danbury, twelve; Bridge- F airfield coun 
 port, nine ; Brookfield, six ; Darien, five ; Greenwich, ty ' 
 ten ; Huntington, six ; Monroe, six ; New-Canaan, eight ; 
 New-Fairfield, eight; Newtown, twelve; Norwalk, twelve; 
 Redding, ten ; Ridgefield, ten ; Sherman, five ; Stamford, 
 ten ; Stratford, nine ; Trumbull, five ; Weston, eight ; 
 Wilton, six. 
 
 SECT. 5. Brooklyn, eight ; Ashford, twelve ; Canter- Windham 
 bury, twelve ; Chaplin, four ; Columbia, five ; Hamp- count y- 
 ton, eight ; Killingly. eight ; Lebanon, twelve ; Mans- 
 field, twelve ; Plainfield, twelve ; Pomfret, ten ; Ster- 
 ling, seven ; Thompson, seven ; Voluntown, seven ; 
 Windham, twelve ; Woodstock, eight. 
 
 SECT. 6. Litchfield, fourteen ; Barkhampsted, seven ; Litchfield 
 Bethlehem, seven ; Canaan, ten ; Colebrook, seven ; Count 7- 
 Cornwall, ten ; Goshen, ten ; Harwinton, eight ; Kent, 
 six; New-Hartford, eight ; New-Milford, twelve ; Nor- 
 folk, eight ; Plymouth, seven ; Roxbury, seven ; Salis- 
 bury, ten ; Sharon, ten ; Torrington, eight ; Warren, 
 seven ; Washington, eight ; Watertown, seven ; Win- 
 phester, seven ; Woodbury, ten. 
 
 SECT. 7. Middletown, twenty-eight; Haddam, seven- Middlesex 
 teen ; Chatham, seventeen ; Durham, twelve ; East- count i 
 Haddam, twenty ; Killingworth, seventeen ; Saybrook, 
 twenty. 
 
 SECT. 8. Tolland, fourteen ; Bolton, eight ; Coventry, Tolland coun 
 twelve ; Ellington, ten ; Hebron, twelve ; Somers, ty ' 
 twelve; Stafford, twelve ; Union, eight ; Vernon, eight; 
 Willington, twelve.
 
 Title 57. Lands. 
 
 TITLE 57. Lands. 
 
 CHAP. I. 
 
 An Act concerning Lands. 
 
 Whereas, by the establishment of the independence of 
 the United States, the citizens of this state became 
 vested with an allodial title to their lands : 
 
 SECT. 1. 
 
 BE it therefore declared, by the Senate and 
 House of Representatives, in General As' 
 Allodial prop- sembly convened, That every proprietor, in fee-simple, 
 erty in lands. o f lands, has an absolute and direct dominion and pro- 
 perty in the same.(l) 
 
 (1) On the discovery of America, a prin- 
 ciple was adopted among the nations of 
 Europe, that the territory belonged to the 
 sovereign of the nation to whom the dis- 
 coverer belonged. As North-America was 
 discovered by a subject of the king of 
 England, that crown claimed the right to 
 the country. James If. made a grant to 
 the Plymouth Company, of that part 
 which comprehended New-England. 
 Connecticut was settled under a right de- 
 rived from that Company, and the title 
 was confirmed, by tbe charter of Charles 
 II. in 1662. The government made grants 
 to towns, and individuals ; and charters 
 were given to the respective towns, under 
 which the lands have been holden. Our 
 ancestors, however, sever claimed an ab- 
 solute right, in virtue of the royal grant, 
 but merely a right of pre-emption, and 
 never considered the title to be complete, 
 till they had acquired the native right of 
 the aborigines. Ihis they effected by 
 purchase, to nearly the whole of Connecti- 
 cut ; and they never claimed a right by 
 conquest, except to a small portion taken 
 from the Pequot nation. The tenure by 
 the Charter, was declared to be free and 
 common socage ; and the only condition 
 was, the payment of one fifth part of the 
 ore of gold and silver, that should be ob- 
 tained. In 1672, an act was passed, de- 
 claring that the lands, granted by the gen- 
 eral assembly, to towns or particular peri 
 sons, should be holden according to the 
 most free tenure of East-Greenwich, in 
 the county of Kent, in the realm of Eng- 
 land, according to the Charter. This ten- 
 ure continued during our connexion with 
 the British empire ; but on our becoming 
 independent of that government, the ten- 
 ure ceased to be feudal, and the title be* 
 
 came strictly allodial, as it in effect ever 
 had been ; and it was accordingly go de- 
 clared, by statute, in 1793. 
 
 la connexion with this subject, it may 
 be proper to subjoin the following re- 
 marks, prepared for the title Estates, and 
 omitted in that place by accident. 
 
 The first settlers of this country did not 
 adopt the rules of the common law, with 
 respect to the descent of real estate, the 
 most distinguished characteristic of which 
 was primogeniture. In the revision of 
 1672, there is a statute, ordering, that 
 where any person dieth intestate, the se- 
 lect-men shall cause an inventory to be 
 taken, and exhibited into the nest county 
 court in that county ; which court shall 
 grant the administration of the goods and 
 chattels to the next of kin, jointly or sev- 
 erally ; and divide the estate to the wife, 
 if any be, and children or kindred, accord. 
 ing to law ; and for want of law, accord- 
 ing to the rules of righteousness and equi- 
 ty- 
 
 In the revision of 1702, there was & 
 statute, which enacted, that where a per- 
 son died intestate, one third of his personal 
 estate should go to his wife for ever, and 
 one third of his lands for life ; and the res- 
 idue be divided among his children, and 
 their legal representatives r in equal shares, 
 excepting that the eldest son should be 
 entitled to a double portion ; and where 
 there were no children, one half of tl<e 
 personal estate should go to the wife /or 
 ever, and one third of the lands for life ; 
 and the residue to be equally divided 
 among the next of kin, in equal degree, 
 and their legal representatives ; but no 
 representatives to be admitted among col- 
 laterals after brothers' and sisters' chil- 
 dren. This provision was copied from
 
 Title 57. Lands. 
 
 SECT. 2. Be it enacted, That the patents of grants of 
 iand to the several towns, and to individuals, from the 
 general assembly of the colony of Connecticut, pursuant 
 to the charter of Charles II. shall be sufficient evidence 
 for such towns and individuals to hold the same, to them, 
 their heirs, successors and assigns, forever. 
 
 SECT. 3. All lands, tenements, or other estates, that 
 have been, or shall be, given or granted, by the general 
 assembly, or any town, or particular person, for the main- 
 tenance of the ministry of the gospel, or schools of learn- 
 ing, or for the relief of the poor, or for any other public 
 and charitable use, shall forever remain and be continu- 
 ed to the uses to which they have been or shall be given 
 or granted, according to the true intent and meaning of 
 the grantor, and to no other use whatever. 
 
 SECT. 4. No estate in fee-simple, fee-tail, or any less 
 estate, shall be given, by deed or will, to any person or 
 persons, but such as are in being, or to the immediate is- 
 sue or descendants of such as are in being, at the time of 
 making such deed or will ; and every estate, given in fee- 
 tail, shall be and remain an absolute estate, in fee-simple, 
 to the issue of the first donee in tail. (2) 
 
 SECT. 5. And all grants or devises of-an estate in lands, 
 to any person for life, and then to his heirs, shall be only 
 an estate for life in the grantee or devisee. (3) All col- 
 
 Patentsoflands 
 from general 
 assembly of the 
 colony of Con- 
 necticut, valid-. 
 
 Lands given for 
 public uses, to 
 remain to sued 
 
 Limitation of 
 estates to pre- 
 vent perpetui- 
 ties. 
 
 The rule in 
 Shelley's case, 
 abrogated. 
 
 Ihe 22 and 23 Charles II. called the statute 
 of distributions, excepting that part which 
 gave to the eldest son a double portion, 
 which was copied from the law of Moses. 
 In 1727, a distinction was made between 
 ancestral and purchased estate ; and a 
 provision was made, tkat the whole blood 
 should be preferred to the half blood, in 
 equal degree ; but that the half blood in a 
 nearer degree, should be preferred. This 
 act was omitted in the revision of 1750, 
 and no distinction was then made be- 
 tween ancestral and purchased estate, and 
 nothing was said respecting whole or half 
 blood. But in 'he revision of 1784, a dis- 
 tinction is made between estates by pur- 
 chase, and estates derived by descent, gift 
 or devise from some kindred ; the object 
 cf which wns, to give ancestral estate to 
 the next of kin, of the blood of the ances- 
 tor from whom the estate came ; and es- 
 tates by purchase, were to go to the next 
 f kin of the intestate, preferring halt" 
 blood to relations of a remoter degree, 
 and parents, on failure of brothers and 
 sisters, or their representatives, of the 
 whole blood, to remoter relations. In 
 1792, tbe law giving the eldest son a 
 double portion was repealed ; and in 1806, 
 an act was passed, directing more parti- 
 cularly, and in a manner somewhat differ- 
 
 34 
 
 ent, the mode of descent of ancestral es- 
 tate : and the rules of descent became as 
 thsy now are, except that the clause de- 
 claring there should be no representatives 
 among collaterals after brothers' and sis- 
 ters' children, is changed to a provision, 
 that there shall be no representatives after 
 the representatives of brothers and sisters ; 
 by which the grand-children of brothers 
 and sisters are placed on the same footing 
 as children, and will inherit, in prefer-' 
 ence to the uncles of tbe intestate. Our 
 law has made three material alterations 
 in the common law of descent. It has 
 abolished the right of primogeniture ; it 
 permits purchased estates to ascend to 
 parents ; and gives to the half blood a 
 preference to relations in a remoter de- 
 gree. 
 
 (2) This was introduced at the revision 
 of 1784, and is conformable to principles 
 which had been previously established by 
 the courts. 
 
 (3) By the celebrated rule in Shelley's 
 case, a grant or devise of lands to a man 
 (or life, and then to his heirs, or the heirs 
 of his body, created an estate in fee-sim- 
 ple, or fee-tail. As this rule, in almost 
 every instance, defeats the intent of the 
 grantor or devisor, this provision has been 
 made to abrogate if.
 
 254 
 
 Title 57. Lands, 
 
 Collateral war- 
 ranties of land, 
 in what case 
 void. 
 
 Incapacitynf 
 aliens to hold 
 lands. 
 
 Requisites to 
 validity of a 
 deed. 
 
 Deeds to be ac- 
 knowledged, 
 before whom. 
 
 Acknowledg- 
 ment of deeds 
 executed by at- 
 torney. 
 
 Caution, when 
 and how to be 
 entered. 
 
 lateral warranties of lands, made bj any ancestor, 
 had no estate or inheritance in the same, at the time of 
 making such warranty, shall be void, as against Im 
 heirs. (4) No alien, or person who is not a citizen or in- 
 habitant of this, or any of the United States, shall be ca- 
 pable of purchasing or holding any lands within the state,, 
 without special license from the general assembly. 
 
 SECT. G. All grants, bargains, and mortgages of lands, 
 shall be in writing, subscribed by the grantor, with his 
 own hand or mark, unto which mark his name shall be 
 annexed, and also attested by two witnesses, with their 
 own hands or marks, unto which marks their names shall 
 be annexed : or the name of the grantor shall be subscri- 
 bed to such grant, by his lawful attorney, authorized by 
 a written power, for that special purpose, duly executed 
 and acknowledged, in such manner as is herein prescrib- 
 ed in case of deeds ; and such subscribing of the name oi 
 the grantor, shall be attested by two witnesses. 
 
 SECT. 7. All grants, and deeds of bargain and sale, and 
 mortgages, of houses and lands, shall be acknowledged, 
 by the grantor or grantors, to be his or their free act and 
 deed, before a justice of the peace, or before a judge 
 of the supreme or district court of the United States, or of 
 the supreme or superior court, or of the court of common 
 pleas, or county court, of any individual state ; or before 
 a commissioner, or other officer, having power to take 
 acknowledgments of deeds : and all grants or deeds of 
 real estate, which have been, or shall be, acknowledged 
 before such judges, shall be good and valid in law ; and 
 when deeds are executed by an attorney, duly authoriz- 
 ed, hi* acknowledgement shall be suffipient. 
 
 SECT. 8. And if any grantor, being required by the 
 grantee, his heirs or assigns, to make acknowledgement oi 
 any grant, or deed of bargain and sale, or mortgage, b} 
 him executed, shall refuse to acknowledge the same, then 
 such grantee, his heirs and assigns, may enter caution 
 upon such houses or lands as are to him granted, sold, 
 bargained or mortgaged, with the town-clerk or register, 
 where such houses and lands are situated, by leaving with 
 him a copy of the deed or deeds of the same, with a 
 claim of title in virtue thereof, which caution shall se- 
 cure the interest of the grantee till a legal trial has been 
 had ; and the judgment of the court being delivered to 
 the register, under the hand of the clerk of the county, 
 
 (4) By the common law, a collateral 
 waranty of lands, without assets, was 
 binding on the heir : as, if tenant by the 
 courtesy should alien tliejland, with war- 
 ranty, and die leaving no estate, the chil- 
 
 dren of the wife, to whom the land be- 
 longed, would be defeated of the estate of 
 their mother. A rule so unjust has been 
 abrogated by statute, in England ; and i- 
 now abrogated, in this state.
 
 Title 57. Lands. 2oJ 
 
 the same was tried, shall be his warrant to record 
 ~-ucb deed, though the grantor shall refuse to acknowledge 
 the same, and such deed shall have the same effect as if 
 acknowledged. And no grant or deed of land shall be 
 valid, unless written, subscribed, witnessed and acknowl- 
 edged as aforesaid. 
 
 SECT. 9. All grants, and deeds of bargain and sale, Deeds to be re 
 :nd mortgages, of houses and laus, shall be recorded at corded, 
 length, by the register or town-clerk, where such lands 
 and houses lie ; and no deed shall be accounted good and 
 'ffectual to hold such houses aad lands, against any other 
 person or persons but the grantor or grantors, and their 
 heirs, only, unless recorded as aforesaid. And the regis- Noting of deed 
 ter or town-clerk, shall, on the receipt of any grant or fr record, 
 deed of houses and lands, brought to him to record, note 
 thereon the day, month and year, when he received the 
 :ime, and the record shall bear the same date. And 
 when the register or town-clerk of any town, shall have 
 received a grant or deed of lands to be recorded, he shall 
 not deliver up the same to the parties, or either of them, 
 "ill it has been recorded. And where deeds are executed Record of povr 
 ])y a power of attorney, such power of attorney shall be erof atlorne y- 
 recorded with the deed. 
 
 r. 10. No lease of any houses or lands for life, or Leases to be in 
 inv term of years, exceeding one year, shall be accounted wntlll : 
 good and effectual in law, to hold such houses and lands, 
 against any other person or persons whatsoever, but the 
 or or lessors, and their heirs only, unless such lease 
 be in writing, and subscribed by the lessor, and attested subscribed ; 
 J>y two subscribing witnesses, and acknowledged before ^'kn^wled' rf- 
 a justice 01 the peace, and recorded at length in the re- and recorded, 
 cords of the town where such estate lies. 
 
 SECT. 11. All grants, deeds or conveyances of lands Deeds of land 
 from Indians, without the consent and approbation of the 
 general assembly, shall be utterly void ; and if any person 
 shall purchase lands of the Indians, without licence from Purchasi.-ig o*. 
 the general assembly, or having so purchased, shall, lands <rf Indians 
 without their contirmation, make any sale or settlement ''' 
 on the same, he shall incur a penalty of one hundred and 
 -ixly-seveH dollars to the treasurer of the state. 
 
 SECT. 12. All deeds of bargain and sale, leases or Deeds of land 
 ^>ther alienations, in fee. for life, or years, or any term (^"^posies- 
 whatever, of lands or tenements, of which the grantor, sion, void, 
 -lessor, vendor, or person executing such instrument, is 
 ousted by the entry and possession of some other person, 
 unless made to the person in actual possession, shall be Penalty for at- 
 void : and every person, who shall attempt, by an instru- tempting to 
 
 j- i i i i A r i j make, or rr- 
 
 ment in writing, under his hand, to alien any lands or ce -, v j n V S0c ]. 
 tenements, of which he is ousted, and every person who conveyance
 
 256 Title 57. Lands: 
 
 shall receive such conveyance, not being in the actual 
 possession of the lands or tenements attempted to he 
 conveyed, shall forfeit one half of the value thereof; one 
 
 4"^ t>- half of which forfeiture shall be to the informer, who- 
 
 shall sue for and prosecute the same to effect, and the 
 other half to the treasurer of the state. 
 
 Partition of SECT. 13. All persons who hold any lands or tone- 
 
 lands, rnents, as joint tenants, tenants in common, or coparcen- 
 
 ers, may be compelled, by writ of partition, to divide the 
 same, when they cannot agree to make partition among 
 themselves-: provided, that when the judgment shall be 
 that the defendant or defendants apart, it shall be in the 
 power of the court to give or refuse costs to the plaintiff 
 or plaintiffs, and to give costs to the defendant or defend- 
 ants, as shall appear to be just and reasonable. And 
 Committee to when there is a judgment that the defendant or defend- 
 wake partition. Pn ta do apart, the court shall have power to appoint a 
 
 committee to make partition. 
 
 Deeds of mar- SECT. 14. All deeds or other conveyances, of the real 
 ried women, estate of married women, executed by them jointly with 
 their husbands, under hands and seals, and by them ac- 
 knowledged, as is required by law, and duly recorded, 
 sliall be valid and effectual to transfer such real estate : 
 and all deeds and conveyances, by the husband alone, of 
 the real estate of the wife, without her consent, express- 
 ed by joining him in the deed, shall be void, so far as H 
 Proviso as to respects the wife : Provided, that all deeds and convey- 
 1723. S PU< ances > D J the husband alone, of the real estate of the 
 wife, without her consent, prior to the year one thousand 
 seven hundred and twenty-three, shall be good and valid. 
 Deeds and SECT. 15* All deeds, and other conveyances of real 
 
 bonds without cs t a te, and bonds, which have been executed without 
 ' seal, shall be valid, as though the same had been sealed. 
 Proviso. Provided, that this act shall not affect any suit now pend- 
 
 ing. Approved, June 1, 1824. 
 
 Power of the SECT. 16. When any testator directs, by his last will 
 surviving or an( j testament, lands to be sold, by his executors, for the 
 of two or more payment of debts, legacies or other uses, and appoints 
 execntors, to several executors, part of whom refuse executorship, or 
 sell and con- ^jg b e f ore sucn lands are sold and conveyed ; in such 
 case, the acting or surviving executor or executors, shall 
 have power to sell and convey, in as ample a manner as if 
 all the executors had joined in the sale and conveyance 
 of such lands, according to the true intent of the testator, 
 P viso expressed in his will, allowed and approved by the court 
 
 of probate : provided any sale or conveyance made oth- 
 erwise shall be void.
 
 Title 57. Lands. 
 
 CHAP. II. 
 
 An Act enabling the proprietors of common and 
 undivided Lands, to manage and dispose of 
 the same. 
 
 fiTJE it enacted by the Senate and House of Rep- 
 SECT. 1. B-^ **'** 1,1 11 i 
 
 JLF resent a fives in (jrcneral assembly convened, 
 
 That all grants, divisions and dispositions of common Certain grants 
 
 lands, made according to ancient custom in town-meeet- comm 
 
 ings, and all divisions of common and undivided lands, validated. 
 
 made by the proprietors of towns, shall be good and ef- 
 
 fectual in law ; and whatever part or interest such pro- 
 
 prietors have in any common and undivided land in any 
 
 towns not disposed of, shall be allowed and taken to be 
 
 their proper estate. And such proprietors of common and Proprietors of 
 
 j- -j j i j L i n common and 
 
 undivided lands m any towns, and s-.ich as legally repre- undivided 
 
 sent them, are allowed and authorized to have their lands may hold 
 
 meetings in such respective towns ; to choose their clerk, meet . 1!1 & s ' * n< * 
 
 to enter and record their doings, who shall take the fol- app01 
 
 lowing oath, before a justice of the peace, to wit : 
 
 i; Whereas you N. C. are chosen cierk of this propriety. Form of clerk's 
 
 you swear, that you will truly and faithfully execute the oath. 
 
 office of clerk, according to your best skill, and make 
 
 entry of all such votes as shall be made according to law, 
 
 and deliver true copies of the same, when they shall be 
 
 required, taking only your lawful fees : So help you God." 
 
 And all records of their votes and proceedings, attested 
 
 by him, shall be admitted as lawful evidence. 
 
 SECT. 2. And the proprietors, in such meetings, shall Power of pro- 
 have power, after the ancient manner and custom in prietors in 
 towns, by their major vote in such meetings, to be com- 
 puted according to their interest in such lands, to regu- 
 late, manage, use and divide such common land, in such 
 manner and proportion as they shall think proper : Pro- p rov ; SOj as to 
 vided, that this act shall not be taken to intend, that pow- town com- 
 er is given to any proprietors to divide and set out lands nions. 
 sequestered for town commons. Provided also, that Proviso, vali- 
 
 whcre the proprietors have, by any vote upon record, in datin g former 
 .1 feu i ^i i / f j.u f A votes. 
 
 their towns, obliged themselves to act tor the future in 
 
 any other method, in dividing the undivided lands in such 
 townships, such vote, being the act of the proprietors, 
 shall be and remain valid and binding against them, and 
 their heirs ; and the undivided lands referred to in said 
 vote, shall be divided and held according to such vote. 
 
 SECT. 3. The proprietors of common and undivided Power to lay 
 lands, in any towa, are fully empowered, at a legal meet- tax5-
 
 258 Title 57. Lands. 
 
 ing, by their major vote, to make a rate, as occasion 
 require, to defray the necessary expenses, incurred by 
 To appoint col- sa id propriety, and to appoint collectors, to collect the 
 same, who are vested with the same powers as the col- 
 lectors of town taxes, and shall make payment of the 
 money by them collected, to the proprietors appointing 
 them, or to their order, on the same penalties, and under 
 the same regulations, as collectors of town taxes. 
 To exchange SECT. 4. The said proprietors are empowered, at their 
 ways * ' S " l aw f u l meetings, to make exchange of any of the common 
 land for needful and convenient highways in said town, 
 with any of the proprietors, inhabitants or owners of such 
 land as shall be judged most convenient and needful, by 
 the proprietors aforesaid : which exchanges shall be en- 
 tered in the proprietors' book of records, and shall be 
 held to be good and valid, to the use of the person or 
 changes vail- P ersons receiving the same, and to his and to their heirs 
 dated. and assigns forever : and all exchanges heretofore made 
 
 for the use aforesaid, shall be held to be good and valid, 
 Meetings, how SECT. 5. When any five or more of the proprietors of 
 such common and undivided land shall judge a proprie- 
 tors' meeting to be necessary, they may apply to a jus- 
 tice of the peace, within the County where the lands lie, 
 for a warrant to call a meeting of the proprietors, expres- 
 r-ing the time, place, occasion, and business of such meet- 
 ing ; and such justice of the peace is empowered to grant 
 a warrant for such meeting, which shall be published, by 
 inserting it in some ptiblic newspaper, in or nearest the 
 town in which such lands are situated, four weeks succes- 
 sively, and also, by posting it on the public sign-post in 
 such town, at least twenty days before the day appointed 
 for such meeting ; which shall be a sufficient warning 
 Proviso. an d notice for said meeting : Provided, that where said 
 
 proprietors have agreed upon a different mode of warn- 
 ing their meetings, such mode, or that prescribed by this 
 act, shall be sufficient. 
 
 How encroach- SECT. G. If any person has, within fifteen years, taken, 
 removed and O1 sna ^ take, into his inclosure, any part of common and 
 prevented. undivided land, a committee appointed by the proprietors 
 of such land encroached upon, which committee (he pro- 
 prietors of common and undivided lands are empowered 
 to appoint, or any three of such proprietors, are directed 
 to give notice to the person or persons offending, to re- 
 move the same, within such time as the committee or 
 proprietors shall appoint, not exceeding one month after 
 such notice ; and on their neglect, it shall be lawful for 
 such committee or proprietors to remove the same, and 
 the person or persons making such encroachment, shall 
 be liable to pay the expense of throwing down and re-
 
 Title 57. Lands. 259 
 
 jnoving such encroachment, to be recovered by a proper 
 action, in the name of the committee or proprietors, who 
 remove the encroachment. And if the person or per- 
 sons so offending, shall take in the same, or a greater or 
 less quantity of land, where his fence has been removed 
 as aforesaid, he shall incur a penalty of seven dollars, for 
 every such offence, to be recovered in a proper action, 
 by the committee or proprietors who gave the warning, 
 one half to the proprietors, and the other half to the treas- 
 ury of the county. 
 
 SECT. 7. The proprietors of common and undivided p wer of P ro " 
 lands in towns, in legal meeting, may, by a major vote, transfer lands 
 transfer such lands to the town in which they are situated, to the town, 
 and may appoint a committee, or any persons, to execute 
 proper conveyances, which shall be valid : and when 
 such votes have been passed, and committees appointed 
 to execute conveyances, such committees, or a major 
 part of them, may execute conveyances, which shall be 
 valid. 
 
 SECT. 8. The records of proceedings, kept by the pro- Proprietors' 
 prietors of common and undivided lands, may, by their jep'o 
 order, be deposited with the town-clerk in the town where town-clerk 
 the lands lie, and where they lie in several towns, with 
 the clerk of the most ancient town : and when such 
 proprietors have ceased to hold meetings, any person 
 having the records in his possession, may deposit them 
 with the town-clerk as aforesaid ; and in such cases, the 
 town-clerk shall keep the same, and shall give true copies 
 thereof, when required, which shall be legal evidence. 
 
 CHAP. III. 
 
 An Act prescribing a summary process, to enable 
 the owners of Lands, Houses, or other Build- 
 ings, to recover Possession. 
 
 , -E it enacted by the Senate and House of Rep- 
 SECT. 1. *-* y - - - - * 
 
 m 
 
 resentatives in General Assembly convened, 
 
 That whenever the owner or lessor of any land, dwelling- Lessor to give 
 house, or other building, held under a lease, in writing or j-J^ JJJ 
 by parol, shall desire to obtain possession of the same, at 
 the expiration of the lease, or at any subsequent time, he 
 shall give notice to the lessee to quit possession of said 
 land, house, or building, or any apartment of the same, 
 at least thirty days before the expiration of the lease, or 
 before the time when said lessee shall be required to quit 
 possession ; which notice shall be in writing, in the form
 
 200 Title 57. Lands. 
 
 of notice, following, to wit : "I hereby give you notice, that you are 
 to quit possession of the land, house [apartment, store &c. 
 as the case may be] now occupied by you, on or before the 
 [here insert the day. place, date, and name]" Of which 
 Duplicates to notice duplicate copies shall be made, one of which shall 
 he mad<^ jj e delivered to the lessee, or left at his place of residence, 
 
 \ in the presence of at least one credible witness. And if, 
 at the expiration of the thirty days, the lessee shall neg- 
 * lect or refuse to quit his possession of the premises, any 
 Justice, &.c. to justice of the peace in the town in which the said leased 
 
 issue a sum- p'&emiscs shall be situated, shall have power, on complaint 
 rnons to lessee. r r '-, 
 
 ot tfye lessor or owner, to issue a summons to the lessee, 
 
 which shall be served at least six days before the time of 
 
 trial, to appear before him to answer to such complaint ; 
 
 To issue a ver- an d also, to summon a jury of six disinterested freeholder? 
 
 nire. of the town, to enquire whether the possessor is the lessee 
 
 Jury to find of the complaint, and holds over the term of the lease. 
 
 facts. and whether notice has bcengiven to the lessee according 
 
 to the provisions of this act, and said lessee holds pos- 
 
 session after the expiration of the time therein specified. 
 
 Justice, &c. to And in case the jury find these facts in favor of the corn- 
 
 render judg- plainant, the said justice of the peace shall render judg- 
 
 ment for the complainant, to recover possession of the 
 
 said leased premises, with his costs, and issue execution 
 
 Defendant accordingly. But if the defendant shall show to the jury 
 
 when tore'cov- a title in himself, derived after the date of the lease, from 
 
 er costs. the lessor, or from any other person, or persons, or if the 
 
 jury should not find a lease, a notice given and a holding 
 
 over as aforesaid, the defendant shall recover his costs. 
 
 Bond, with SECT. 2. When any magistrate aforesaid, shall issue a 
 
 surety, to be summons for the purpose aforesaid, he shall take of the 
 
 complainant a bond, with sufficient surety, to the adverse 
 
 party, to answer all costs and damages which the defend- 
 
 ant may sustain, in case the complainant shall fail to 
 
 make his plea good. 
 
 Lessor entitled SECT. 3. All persons claiming title to the prerr,i,-o. 
 
 iw CmCt y at sna ^? notwithstanding^this act, or any proceedings that 
 
 may have been had under the same, be entitled to their 
 
 remedy at law, in the same manner as if this act had not 
 
 been passed. 
 
 Those deriving SECT. 4. The provisions of this shall extend to any 
 title from les- person or persons deriving title from the lessor or lessee 
 Wee remedy. fany land, dwelling-house, or other building as afore- 
 
 said. 
 
 Fees of magis- SECT. 5. The fee of the magistrate for the trial of said 
 irate, &c. complaint, shall be one dollar; and the fee of each juror 
 shall be fifty cents ; and the officer's fees shall be the 
 same as for like services in civil process.
 
 Title 58. Leather. Title 59. Library Companies. 261 
 
 TITLE 58. Leather, 
 
 An Act concerning Leather, and for regulating 
 the several Artificers concerned in working 
 and making up the same. 
 
 SECT. 1, 
 
 ! TOE it enacted by the Senate and House of Rep- 
 MJ resentatives, in General Assembly. convened, 
 That no person shall set up, or carry on, the trade or No person to 
 mystery of tanning leather, except he prove his skill there- la . n leather 
 in, to the county court of that county, wherein such per- 
 son lives, by the testimony of two or more witnesses, and 
 obtain a license therefor, from such court ; and every 
 person, who shall set up and carry on said trade, without 
 such license, shall forfeit sixty-seven dollars, one half to Penalty. 
 him who shall sue for the same to effect, and the other 
 half to the tresurer of the county, where the offence shall 
 be committed. 
 
 SECT. 2. Each manufacturer of leather, or of boots, Manufacturers 
 half-boots, shoes, pumps, sandals, slippers, goh-shoes, stamp* their" 6 
 saddles, or harness, shall have the exclusive right of work. 
 stamping said articles, by him or her manufactured, with 
 the initial letter of his or her Christian name, and his or 
 her surname at length, and the name of the town, or 
 place of his or her abode ; and such stamping shall be 
 considered as a warranty, that the article stamped, is 
 merchantable, being made of good materials, and well 
 manufactured. 
 
 SECT. 3. If any person shall fraudulently stamp, or aid Penalty for 
 or abet, in fraudulently stamping, either of the articles J^ d p"[f, nUy 
 aforesaid, with the name or stamp of any other person, he 
 shall, on due conviction thereof, be punished by fine, not 
 exceeding one hundred dollars, to the state treasury, or 
 by imprisonment, not exceeding six months, or by both 
 those punishments, at the discretion of the court, having 
 cognizance of the offence. 
 
 TITLE 59. Library Companies. 
 An Act concerning Library Companies. 
 
 
 E it enacted by the senate and House of Rep- 
 - resentatives in General Assembly convened, 
 That liberty be, and hereby is granted to any individuals, ^jjJ 
 in any town in this state, to associate for the purpose of public H
 
 262 
 
 Title 60. Limitations. 
 
 to be a body 
 politic and cor 
 porate. 
 
 General pow 
 
 ers. 
 
 A copy of arti- 
 cles of associa- 
 tion to be lodg- 
 ed with the sec- 
 retary. 
 
 This act re- 
 pealable. 
 
 procuring and establishing a public library ; and being so 
 associated, shall, on complying with the provisions of this 
 act, be considered as a body politic and corporate ; may 
 choose a president, and other officers ; my enact by- 
 laws for regulating the affairs of such corporation, not 
 inconsistent with the laws of this state, and compel the 
 due observance thereof, by suitable penalties , may sue 
 and be sued, and do all acts necessary and proper for the 
 well ordering of the allairs of such corporation. Provid- 
 ed, however, that before any such' association shall be en- 
 titled to the privileges of this act, they shall lodge with 
 the secretary of this state, a copy of their articles of as- 
 sociation. Provided, also, that this act may, at any time, 
 be altered or repealed, by the general assembly. 
 
 TITLE 60. Limitations. 
 
 An Act for the Limitation of Civil Actions, and 
 of Criminal Prosecutions. 
 
 SECT. 1. 
 
 Entry into 
 lands, limited 
 
 Action, when 
 
 Saving. 
 
 E it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened, 
 That no person shall, at any time hereafter, make entry 
 into any lands or tenements, but within fifteen years next 
 after his right or title shall first descend or accrue to the 
 same ; and every such person, so not entering, and his 
 heirs, shall be utterly disabled to make such entry after- 
 wards ; and no such entry shall be sufficient, unless an ac- 
 to be brought tion shall be commenced thereupon, and prosecuted with 
 upon n- e (j cc ^ within one year next after the making thereof. 
 
 Provided, nevertheless, that if any person who hath, or 
 shall have, such right or title of entry into any lands or 
 tenements, be, or shall be, at the time of the first descend- 
 ing or accruing of the said right or title, within the age of 
 twenty-one years, feme covert, non compos mentis, rim- 
 prisoned, then such person and his heirs may, notwith- 
 standing the expiration of the said fifteen years, bring 
 such action, or make such entry, as he might have done 
 before the expiration of the said fifteen years, so as such 
 person shall, within five years next after full age, disco- 
 vcrture, coming of sound mind, enlargement out of pris- 
 on, or the heirs of such person, shall, within five years af- 
 ter the death of such person, bring such action, or make 
 such entry, and take benefit of the same.(l) 
 
 (1) This clause was passed in 1684, and that statute is twenty years. In the slat- 
 is copied from 21 Jac. 1. c 6. *. 1. ex- . ute of Jac. 1. there is an exception in fa- 
 cepting as to the length of time, which in vor of persons beyond seas ; M hich was
 
 p 
 
 Title 60. Limitatios. 263 
 
 SUCT. 2. No action shall be brought on any bond, or Actions onspe- 
 vfriting obligatory, contract under seal, or promissory cialties > limit - 
 note not negotiable, but within seventeen years, next af- e ' 
 ter an action on the same shall accrue. Provided, nev- Saving, 
 ertheless, that persons legally incapable to bring an ac- 
 tion on such bond or writing, at the accruing of the right 
 of action thereon, may bring the same at any time within 
 four years after their becoming legally capable to bring 
 such action. 
 
 SECT. 3. No action of account, of debt on book, or Account; 
 
 on simple contract, orofassumpsit, founded upon impli- book - debt ; 
 
 , . .,. * assumpsit upon 
 
 ed contract, or upon any contract in writing, not under implied or sim- 
 
 seal, except promissory notes not negotiable, shall be P Ie contract. 
 
 brought but within six years next after the right of action 
 
 shall accrue. Provided, nevertheless, that persons legal- Savin S- 
 
 ly incapable to bring any such action, at the accruing of 
 
 the right of action, may bring the same at any time within 
 
 three years after their becoming legally capable to bring 
 
 such action. 
 
 SECT. 4. No action of trespass on the case shall be Trespass on the 
 brought but within six years next after the right of action case> 
 shall accrue. v 
 
 SECT. 5. No action founded upon any express contract Actions found- 
 er agreement, other than actions of book debt, on proper ed "P n express 
 
 ' r i . contracts not 
 
 subjects thereof, not reduced to writing, or some note or reduced to 
 
 memorandum thereof, made in writing, and signed by the writing ; 
 party to be charged therewith, or some other person by 
 him lawfully authorized ; no action of trespass ; and no tres P ass ; 
 action upon the case for Avords, shall be brought but with- case for words 
 in three years next after the right of action shall accrue. 
 
 SECT. 6. No suit or action for any forfeiture, upon any Actions on pe 
 penal statute, shall be brought by any person or persons, na * statutes ' 
 who may lawfully sue for the same, but within one year 
 next after the offence committed. 
 
 SECT. 7. No suit or action, either in law or equity, shall Actions against 
 be brought against any sheriff, sheriff's deputy, or consta- i ffi t ce f S d fo t r neg " 
 ble, for any neglect or default in his office and duty, 
 but within two years next after the right of action shall 
 accrue. 
 
 SECT. 8. If in any of the said suits or actions, judgment Time of com- 
 be given for the plaintiff', and the same be reversed by mencing a new 
 error, or a verdict pass for the plaintiff, and upon matter ^^/^"esVof 
 alleged in arrest of judgment, the judgment be given judgment, lim- 
 against the plaintiff, that he take nothing by his writ, de- 'ted. 
 
 at first copied into our statute ; but though it has been decided, that when the statute 
 
 such an exception might be proper in once begins to run, a supervenient disa- 
 
 Englanc 1 , yet as it would be highly unrea- bilily wjll not stop it, so that no person 
 
 sonable in this country, it has bee'n omit- can take benefit of two successive disabil- 
 
 <ed. In the construction of this statute, ities. Bunce v. Wolcott, 2 Conn. Rep. 27
 
 264 
 
 Title 60. Limitations. 
 
 Time of defend- 
 ant's absence 
 from the state, 
 to be excluded 
 from computa- 
 tion. 
 
 New limita- 
 tions to be 
 computed from 
 June 1, 1621. 
 
 Writ Of error. 
 
 Petition for a 
 new trial. 
 
 Treason and 
 new-gate of- 
 fences. 
 
 Any crime or 
 misdemeanor, 
 not punishable 
 with death, or 
 imprisonment 
 in newgate. 
 
 Proviso, as to 
 slave-trade > 
 Slaves, Sic. 
 
 Proviso, as to 
 offenders flee- 
 ing from the 
 ftate. 
 
 claration, or Mil ; in all such cases, the party plaintiff 
 his heirs, executors, or administrators, as the case shall 
 require, may commence a new suit or action, at any time 
 within a year after such judgment reversed, or such judg- 
 ment given against the plaintiff. And in computing the 
 time limited in the several cases aforesaid, the time, dur- 
 ing which the party against whom there may be any such 
 cause of action, shall be without this state, shall be ex- 
 cluded from the computation. In all cases, herein before 
 specified, wherein, By the laws of this state, hitherto in 
 force, no time is limited for the bringing of said actions, 
 or a longer time is allowed therefor, than the time herein 
 limited, such last mentioned time shall commence on, and 
 be computed from, the first day of June, one thousand 
 eight hundred and twenty-one. 
 
 SECT. 9. No writ of error shall be brought for the re- 
 versal of any judgment, after the expiration of three 
 years from the time of rendering such judgment. 
 
 SECT. 10. No petition for a new trial, in any case in 
 which final judgment hath been, or shall have been ren- 
 dered, either in chancery or at law, shall be brought, but 
 within three years next after the judgment or decree com- 
 plained of, shall have been rendered or passed. 
 
 SECT. 11. No person shall be indicted, informed against, 
 complained of, or in any way prosecuted, before any 
 court, for treason against this state, or for any crime or 
 misdemeanor, whereof the punishment is, or may be, im- 
 prisonment in newgate prison, unless the indictment, pre- 
 sentment, or complaint be made and exhibited within three 
 years, next after the offence shall have been committed : 
 nor shall any person be indicted, informed against, com- 
 plained of, or in any way prosecuted, before any court, for 
 the breach of any penal law or for other crime or misde- 
 meanor, excepting crimes punishable by death, or impris- 
 onment in newgate prison, unless the indictment, present- 
 ment, information or complaint, be made and exhibited 
 within one year next after the offence shall have been 
 committed. Provided, that any action or prosecution 
 proper for the recovery of any penalty incurred by the 
 breach of any of the provisions of the law relating to the 
 slave-trade, or concerning Indian, Mulatto, and Negro 
 servants and slaves, may be brought, and prosecuted at 
 any time within three years after such cause of action 
 shall arise. Provided, that if the person against whom 
 such indictment, presentment, information or complaint 
 shall be brought or exhibited, shall have fled from, and 
 have resided out of, this state, during the period limited 
 as aforesaid for the prosecution of the offence charged, 
 then the same may be brought and exhibited against such
 
 Title 61. Maintenance. 
 
 person, at any time within such period, during which lie 
 shall reside within this state, after the commission of the 
 offence. And provided, also, that where any suit, indict- Proviso as to 
 ment, presentment, information or complaint, for any O toer scutes 
 crime or misdemeanor, is, or shall be limited hy any oth- 
 er statute, to be brought or exhibited within a shorter 
 time than is hereby limited, the same shall be brought or 
 exhibited within the time limited by such statute. (2) 
 
 (2) Statutes of limitation are properly former statutes, the limitation was con fin- 
 called statutes of repose ; as they prevent ed to bonds, bills or notes, for money on- 
 disputes of long standing, which are high; ly ; and where the condition or contract 
 ly prejudicial to the interests of the coil- was for any other thing, there was no 
 munity. Though statutes of this kind limitation. As there can be no reason 
 have been enacted from time to time, yet for such a distinction, it is here omitted, 
 there were many case? to which they did In the former statutes, there was no lira- 
 not extend. By the former statutes, there itation to a prosecution for a crime, un- 
 was no limitation to actions of account, less some forfeiture belonged to a public 
 assumpait on written or implied contracts, treasury: but it was thought reasonable 
 or trespass on case, except for slander, that other prosecutions, where the offence 
 The present statute is intended to limit all is not capital, should be limited, 
 actions, to a reasonable lime. In the 
 
 TITLE 61. Maintenance. 
 
 An Act to prevent unlawful Maintenance. 
 
 TJ E it enacted by the Senate and House ofRep~ 
 IT* resentativcs in General Assembly convened, 
 That no attorney or counsellor at law, sheriff, deputy- Attomies, 
 
 sheriff, or constable, shall, directly or indirectly, buy, or sn< j"ffs, &c. 
 
 " i i i * i i not to piircn8.SC" 
 
 be in any way or manner interested in buying, any bond, any no t e> & c . 
 
 bill, promissory writing, book-debt, or other chose in ac- 
 tion, unless in payment for estate, either real or personal, 
 sold, or for services rendered, or for a debt or debts an- 
 tecedently contracted without intent to evade or violate 
 this act, on pain of forfeiting a sum equal to the amount Forfeiture ; 
 of the bond, bill, promissory writing, book-debt, or other 
 chose in action, so unlawfully bought, to be recovered how recovered, 
 in any proper action, by any person who may sue for the 
 same, before any proper court, or by complaint or in- 
 formation of any informing officer. Provided, that this Proviso, 
 act shall not be construed to prohibit the buying of any 
 bill of exchange, draft, or other chose in action, pur- 
 chased for the purpose of remittance, and not to evade 
 this act. Defendant 
 
 SECT 2. It shall be lawful for any defendant, in any may call upon 
 suit brought on any bond, bill, promissory writing, or {jj JtUJJey, ' 
 other chose in action, to file his motion, if before any to disclose as 
 
 city court, or justice of the peace, at the time of his ap- to _ the P_ ur - 
 J./.T. f jchaseofthe 
 
 pearance. and it before any county court, on the second ote in stl j h
 
 366 
 
 Title 62. Mandamus. 
 
 day of the session thereof alleging that he verily bo 
 lieves, that the bond, bill, promissory writing, book-debt, 
 or other chose in action, hath been bought contrary to 
 the provisions of this act, and praying the court, or jus- 
 tice, to enquire into the truth thereof, by common law 
 proof, or by the oath of the plaintiff, if a resident within 
 this state, or by the oath of the attorney in such suit, if a 
 resident without this state, which the court, or justice, is 
 hereby authorized to do ; and if the plaintiff, or attorney, 
 in the cases aforesaid, shall refuse to disclose, on oath, 
 regarding the facts alleged in said motion, or if on such 
 disclosure, it shall appear that such bond, bill, promisso- 
 ry writing, book-debt, or other chose in action, hath been 
 bought in violation of this act, the plaintiff shall be non- 
 suited. 
 
 SECT. 3. In case any counsellor, or attorney at law, 
 shall be guilty of a breach of this act, and shall be thereof 
 majTbe^struck duly convicted, or by an enquiry instituted by the supc- 
 from the roll. r j O r court, or any county court, shall be found to have 
 violated the same, he shall be struck off the roll of attor- 
 nies, and counsellors, and be thereafter no longer permit- 
 ted to practice in either of said capacities, in any court 
 in this state, except in his own cause. 
 
 Counsellor or 
 
 TITLE 62. Mandamus. 
 
 MANDAMUS. 
 
 Superior court, 
 empowered to 
 issue writs of 
 mandamus. 
 
 Peremptory 
 mandamus, 
 when to be 
 
 issued. 
 
 Court may en- 
 quire into truth 
 of return. 
 
 Judgment. 
 
 \n Act authorising the Superior Court to grant 
 writs of Mandamus, Prohibition, and Quo 
 Warranto. 
 
 SECT. 1. 
 
 E it enacted by the Senate and House, of Rep* 
 \ resentatixes in General Jhsembly convened, 
 That the superior court shall have power to issue writs of 
 mandamus, in cases in which they may by law be granted, 
 and to proceed therein, and to render judgment according 
 to the course of the common law. 
 
 SECT. 2. When a writ of mandamus is issued, requir- 
 ing the party to whom it is directed to make a return, if 
 such party shall refuse or neglect to do it, then the court 
 may issue a peremptory mandamus. 
 
 SECT. 3. When the party to whom such writ is directed 
 shall make a return sufficient on the face of it, if it shall 
 be denied by the other party, it shall be competent for 
 the court to enquire into the truth of it, and if they shall 
 find it to be untrue, then to issue a peremptory manda- 
 mus, in the same manner, and on the same principles, as 
 if the return, was insufficient ; and to render judgment for
 
 Title 62. Mandamus. 267 
 
 the complaint to recover his costs, and to grant execution 
 for the same ; but if the return shall be found to be true 
 and sufficient, then to render judgment in favor of the 
 party complained of, to recover his costs against the 
 complaint. 
 
 SECT. 4. Be it further enacted, That when any person PROHIBITION. 
 
 or persons, shall make complaint and suggestion to the 
 
 i f\- j B y whom and 
 
 superior court, when in session, or to either of thejudges i n w h at case, a 
 
 in vacation, that any inferior court or tribunal do exceed rule shall be 
 their jurisdiction, or hold plea of any matter, cause or grantec ' 
 thing, whereof by law such court has not cognizance, by 
 which the person or persons suggesting or aggrieved ; 
 then in every such case, the superior court, or such judge, 
 is impowered to grant a rule, subscribed by the clerk of 
 the court, or such judge, directed to the party prosecut- 
 ing, as well as to the judge or judges of such inferior 
 court, as take cognizance of matters of which they have 
 no right to hold plea, to appear before the superior court, 
 or such judge, in such reasonable time as they or he shall 
 appoint, to shew cause, why a writ of prohibition should 
 not be issued against them. If the party complained of 
 shall neglect or refuse to appear, said court or judge shall 
 issue a writ of prohibition, as prayed for ; but if such 
 party shall appear, he may plead any proper matter in Tnsl - 
 his defence ; and said court or judge shall have power to 
 examine and decide upon the truth, as well as the suffi- 
 ciency, of the facts arising in the cause ; and if they find bjt" on 
 sufficient ground, shall issue a writ of prohibition to the 
 party prosecuting the suit, and to the judge or judges in Applicant's 
 the court below, commanding them to proceed no further costs - 
 in the trial of the suit ; and shall also tax lawful costs in 
 favor of the applicant. And if the party in the court p u 'ni s hable as 
 below, or the judge or judges of such court, disobey such for a contempt 
 writ of prohibition, then such superior court, or judge, 
 shall have power to punish them for the contempt, ac- D ama ges reco- 
 cording to the rules of the common law ; and the party verable in ac- 
 aeerrieved shall have his action on the case to recover all lion on the 
 
 CflSC 
 
 the damages he may sustain. But if no sufficient rea- Cost s j n f avor 
 sons appear for granting a writ of prohibition, costs shall of party com- 
 be taxed in favor of the party complained of, and execu- P lainec * of - 
 tion granted for the same. 
 
 SECT. 5. And be it further enacted, That when any per- QUOWARRANTO. 
 son or corporation, shall usurp the exercise of any office, 
 franchise or jurisdiction, the superior court shall have Power of supe- 
 power to proceed by information in the nature of quo p r * r c e d I byin- 
 warrantOy to punish them for such usurpation, according formation; 
 to the usage and principle of the common law ; and also, 
 may permit an information in the nature of quo warranto, orto perin i t an 
 to be filed in the name of the attorney for the state in information u>
 
 268 
 
 be filed, in the 
 name of the 
 states' attorney, 
 at the relation 
 of any one. 
 
 Notice of rule 
 and service of 
 wrk. 
 
 Time of ap- 
 pearance. 
 
 Title 63. Manufactures. Title 64. Marriage* 
 
 the county where the cause of action arises, at the rela^ 
 tion of any person desiring to prosecute the same, against 
 any person usurping any corporate franchise or oliice, 
 and to proceed therein, and render judgment, according 
 to the course of the common law. 
 
 SECT. 6. When notice of any rule is to be given, and 
 service of any writ to be made, the same shall be direct- 
 ed to the sheriff of the county, or his deputy, or to a 
 constable of the town, who shall leave a copy with the de- 
 fendant, at such time as the court or judge shall direct, 
 and make due return of his doings ; and the superior 
 court, or a judge of such court acting in vacation, shaH 
 have power to prescribe such time for the appearance of 
 the parties as they shall judge to be reasonable, to give 
 them an opportunity to make their defence. 
 
 Stockholders 
 uot to be per- 
 sonally liable. 
 
 Proviso, requir- 
 ing a certificate 
 of the amount 
 of capital 
 stock. 
 
 TITLE 63. Manufactures. 
 
 4n Act concerning incorporated Manufacturing 
 Companies. 
 
 [Enacted in May, 1817.] 
 
 BE it enacted by the Senate and House of Represent^.' 
 lives in General Assembly convened, That neither 
 the person, nor the private property of the stockholders 
 of manufacturing companies, now incorporated in this 
 state, shall be liable for, or on account of, any contract 
 which shall be made by such company, from and after 
 the fourth day of July next, made for the sole benefit of 
 said company. Provided, nevertheless, that none of said 
 companies shall take benefit of this act, unless such as 
 shall, by the fourth day of July next, lodge a certificate 
 with the town-clerk, of that town where the factory of 
 such company is situated, (who is hereby directed to re- 
 ceive, and record the same.) containing the amount of 
 the capital stock of such companies. 
 
 TITLE 64. Marriage. 
 
 An Act for the due and orderly celebrating oi 
 Marriage. 
 
 j "JJ EiJ tiMcted by the Senate and House of Rep- 
 lutention of ' JQ| resentatives, in General Assembly convened, 
 
 marriage, how ^ na ^ no person shall be joined in marriage, before the 
 
 to be publish- , ' ,'. 
 
 ^ purpose or intention oi the parties proceeding therein.
 
 Title 64. Marriages. 
 
 aiath been sufficiently published in some public meeting 
 ar congregation, on the Lord's day, or some public fast, 
 thanksgiving or lecture-day, in the parish, or society, 
 where the parties, or either of them, do ordinarily reside, 
 or such purpose or intention be set up, in fair writing, 
 upon some post or door of their meetinghouse, or near 
 the same, in public view, there to stand so as it may be 
 read eight days before such marriage. 
 
 SECT. 2. The judges of the superior and county courts, Wlio may ..ion, 
 justices of the peace, and ordained ministers, so long as persons in mar- 
 they continue in the work of the ministry, shall have pow- liae ' 
 er to join any persons in marriage : and all marriages at- 
 tempted to he celebrated by any other persons, shall be 
 vx)id. Provided nevertheless, that all marriages, which proy.,^ 
 shall be performed and solemnized, according to the forms 
 and usages of any religious denomination, in this state, 
 shall be good and valid. 
 
 SECT. 3. If any judge, justice of the peace, or ordain- Penalty for 
 
 ed minister, shall join any persons together in marriage, J9 in ' n ? in . mar 
 ->f f ,, s nage, without 
 
 belore the purpose or intention ot the parties to be mar- p u bij cat j on O f 
 
 ried has been published or notified as aforesaid, and be- intention, or 
 
 fore such magistrate, justice, or minister is certified of consent of par- 
 
 ents Sic 
 
 the consent of the parents or guardians, (if any there be) 
 
 of such parties as are under the care and control of pa- 
 rents or guardians, he shall, for every such offence, for- 
 feit and pay the sum of sixty-seven dollars ; one moiety 
 whereof shall be to him or them who shall complain of, 
 and prosecute the same to effect, and the other moiety 
 to the treasury of the county wherein the offence shall be 
 committed. And if any person or persons shall deface Penalty for de- 
 or take down any notice set up in writing, as aforesaid, be- a^wif notfce" 6 
 fore the expiration of eight days after the time of its be- 
 ing set up.: every such person or persons shall be fined 
 the sum of three dollars. 
 
 SECT. 4. It shall be the duty of every person, who shall Certificate of 
 hereafter join any persons together in marriage, or of f^l"^^-!^ 
 the clerk of any religious society, according to the usages to\vn-.clerk. 
 of which the marriage is performed, by the declaration of 
 the parties, in open meeting, within thirty days after said 
 marriage, to lodge a certificate of the same with the town- 
 clerk of the town, in which such marriage was performed. 
 And it shall be the duty of the town-clerk, to record said 
 certificate, at full length, in a book procured by him for 
 this purpose ; for which service said town-clerk shall be 
 entitled to receive twelve and a half cents from the per- fee for record 
 son who shall lodge such certificate for record. A copy " lg " 
 of the record of such certificate, duly authenticated, shall to b/rece7ved'' 
 fee received in evidence in all courts in this state. in evidence 
 
 3B
 
 270 Title 65. Masters and Servant?. 
 
 Penalty for SECT. 5. If any person, who shall hereafter join any 
 
 neglect to lodge p ergons together in marriage, shall neglect or refuse to 
 certificate. ~ , 
 
 lodge a certificate oi such marriage with the town-clerk, 
 
 as aforesaid, within thirty days after the celebration of 
 such marriage, such person shall forfeit and pay the sum 
 of fifteen dollars, for the use of the treasury of the town 
 wherein such marriage was performed. And it shall be 
 the duty of the treasurer of such town to prosecute the 
 Penalty on same to effect. And in case the treasurer, after notice 
 treasurer for that a marriage has been performed, and not recorded, 
 ecute 01 10 F 3 ~ a g re eably to this act, shall neglect to prosecute for the 
 aforesaid penalty, he shall forfeit and pay the sum of sev- 
 en dollars, to any one who shall sue therefor. 
 
 Former mar- SECT. 6. All marriages, which have heretofore been 
 nages declared performed and celebrated, in this state, by a magistrate, 
 justice of the peace, or a minister, ordained, or qualified, 
 and empowered to celebrate marriages, according to the 
 forms and usages of any religious society or denomination, 
 are hereby declared to be good and valid, to all intents 
 and purposes whatever ; any law, custom, or usage to 
 the contrary, notwithstanding^ 1) 
 
 (1) It is evident, that the first settlers of has ever been considered, that the rnar- 
 
 this country considered marriage as mere- riage was valid, and that the magistrate or 
 
 Jy a civil contract ; for, by a law passed minister celebrating it, was liable to a pe- 
 
 in 1640, the pawer to perform the mar- nalty. By the former statute, every per- 
 
 riage ceremony wa given to the civil ma- son, except a magistrate or ordained min- 
 
 gist rate only. In 1694, it was given 10 ister, was prohibited from performing the 
 
 ordained ministers, as well as magistrates, marriage ceremony ; and a question hav- 
 
 Though the s'alute prohibits the joining of ing been frequently agitated, whether a 
 
 persons in marriasjo, without publishment, marriage by any other person was valid, 
 
 Rtul in case of minors, without the con- it was thought best to remove all doubt, 
 
 sent of their parents or guardians, yet it by declaring it to be void. 
 
 TITLE 65. Masters and Servants. 
 
 An Act relating to Masters and Servants. 
 # 
 
 1P& E it enacted by the Senate and House ofRep- 
 ' JO& resentatwes in General Assembly convened, 
 Who may bind That the fathers and guardians of minors may bind them. 
 ^ )y deed, or indenture, as apprentices, to learn some 
 trade or profession ; males till twenty-one, and females 
 till eighteen, or to the time of their marriage within that 
 age, with the assent of such minor, expressed in the in- 
 denture, by subscribing the same ; which binding shall be 
 as effectual as if the minor was of full age.(l ) 
 
 (1) In the revision of 1672, there is a allowed by his parent, guardian or master, 
 
 regulation, that no person, under the gov- A question seems to have arisen, whether 
 
 eminent of a parent, guardian, or master, this did not give the power to a parent, 
 
 .shall be capable to make a contract, unless guardian, or master, to enable a child or
 
 Title 65. Masters and Servants. 271 
 
 2. Minors of the age of fourteen, having no fa- When minors 
 ther or guardian, within the state, may bind themselves y bind t . 1 | em 
 apprentices, by indenture, with the approbation of the *\\^* a PP 1Ln 
 major part of the select-men in the town. 
 
 SECT. 3. If any person orpersons, whohavehad reliefer When select- 
 supplies from any town, shall suffer their children to ^"j/"^ l '' 
 mispend their time, and live in idleness, and shall neglect 
 to bring them up, and employ them, in some honest cal- 
 ling ; or if there shall be, at any time, any family that 
 cannot, or does not, provide competently for their chil- 
 dren, whereby they are exposed to want ; or if there be 
 any poor children in any town, that live idly, or are ex- 
 posed to want and distress, and there are none take care 
 of them ; it shall be the duty of the select-men of such 
 town, and they are hereby empowered, with the assent 
 of a justice of the peace, to bind out such poor children, 
 belonging to such town, to be apprentices to some proper 
 masters, to be instructed in some suitable trade, calling, 
 'or profession ; males till the age of twenty-one, and fe- 
 males till the age of eighteen, or to the time of their mar- 
 riage within that age ; which binding shall be valid and 
 effectual in law. 
 
 SECT. 4. If any apprentice, bound by indenture, shall Refractory 
 refuse, or wilfully neglect, to serve as an apprentice, ac- |! ppreBll ^!i t i 
 cording to the terms of the indenture ; or shall disobey 
 the lawful commands, or resist the authority of his mas- 
 ter ; or shall waste or destroy his property ; or be guilty 
 of any gross misbehavior, and wilful neglect of duty ; the 
 master may make complaint to any two justices of the 
 peace in the town where he lives, who may issue a war- 
 rant, and cause such apprentice to be brought before them, 
 and enquire into the truth of the matters complained of, 
 and if they shall find such apprentice guilty, they may 
 commit him to the house of correction, or if there be 
 none, to the common gaol, in the county, there to be con- 
 fined at hard labor, for such time as they shall think 
 proper, not exceeding thirty days. Provided that such Proviso-, as to 
 
 justices may. on reformation, order such apprentices to re } ease from 
 
 fj. . . - c ,, prison ; or dit 
 
 be released from prison ; or, such justices may, it tney c ii ar?e f rom 
 
 judge it best, discharge such master from the contract of apprenticeship 
 apprenticeship, and all obligation to perform the same, 
 
 minor, under his care, to make contracts, they could do at common law. As no in- 
 in Hie same manner as if of full age. To convenience has resulted from the eser- 
 guard against this construction, in the re- else oftliis power, where it is possessed ; 
 vision of 1784, a further provision was and as, in many cases, it may he necessa- 
 made, that such contract should be ijind- ry ; this section has been omitted, and mi- 
 ing on the parent, guardian, or master, nors now stand on the footing of the com- 
 The only effect of this clause of the statute mon law, as to their capacity of making 
 Xvas to deprive minors of the power of contracts, 
 snaking contracts for necessaries, v.hk-h
 
 Title 65. Masters and Servant*. 
 
 Runaway ap- 
 prentices, how 
 to be brought 
 back. 
 
 How to pro- 
 ceed when 
 masters abuse 
 their apprehti- 
 
 Sinding over. 
 
 Trial before 
 county court. 
 
 Discharge 
 from service. 
 
 Children em- 
 ployed in fac- 
 tories to be 
 taught read- 
 writing and 
 arithmetic. 
 
 and may cancel the indenture ; and in that case, Sucfr 
 apprentice may be bound out anew. 
 
 SECT. 5. Where an apprentice, bound by indenture, s*s- 
 aforesaid, shall depart from the service of his master, it 
 shall be lawful for any justice of the peace; on complaint 
 of the master, to issue his warrant to the sheriff or con- 
 stable, commanding them to press men, if necessary, to 
 pursue such apprentice, and bring him back by force, at 
 the request and expense of the master. 
 
 SECf. 6. It shall be the right and duty of the parents, 
 guardians, and of the select-men, where the apprentices 
 are bound by them, to enquire into treatment of the ap- 
 prentices by their masters ; and if they find, that the 
 masters are guilty of any personal cruelty or abuse ; or 
 refuse to provide for them necessary food and clothing ; 
 or neglect to instruct them in the trade or business, to 
 learn which they are bound apprentices ; or if such ap- 
 prentices shall flee from the tyranny and cruelty of their 
 masters, to the houses of any of the inhabitants in the 
 same town ; then, in either of the above cases, such pa- 
 rents, guardians or select-men, shall make complaint to a 
 justice of the peace in the town, who shall cause such 
 masters and apprentices to come before him, and re- 
 concile them, if he can, and if he cannot, he may, ac- 
 cording to his discretion, bind the master to appear at 
 the next county court, and also the apprentice, or give 
 order for his custody, in the mean time, and for his ap- 
 pearance at said court ; which court shall have power to 
 enquire into the matters complained of, and, if they find 
 the master has been guilty df personal cruelty and abuse, 
 has refused to furnish the apprentice necessary food and 
 clothing, or has neglected to instruct him in his trade or 
 business, they may discharge the apprentice from the 
 service of the master, and cancel the indenture, with costs 
 against the master, and award execution accordingly : 
 but if the complaint shall be found untrue, and without 
 probable cause, the court shall award costs to the master^ 
 against the parent, guardian or selectmen, and issue ex- 
 ecution for the same. 
 
 SECT. 7; The president and directors of all factories, 
 which now are, or hereafter shall be, legally incorpora- 
 ted, and the proprietor or proprietors of all other manu- 
 facturing establishments in this state, shall cause that the 
 children employed in such factory or establishment, 
 whether bound by indenture, by parol agreement, or in 
 any other manner, be taught to read and write, and also, 
 that they be instructed in the four first rules of arithmetic 
 (provided the term of their service shall be of so long du- 
 ration that Such instruction can be given,) and that due
 
 Title C5. Masters and Servants. 273 
 
 attention be paid to the preservation of their morals ; and 
 that they be required, by their masters or employers, 
 regularly to attend public worship. 
 
 SECT. 8. The civil authority and select-men for and Board of visit- 
 within such towns in which such factories or manufac- ors ' 
 hiring establishments, do or may exist, or a committee by 
 them appointed, shall be, and they are hereby constitu- 
 ted, a board of visitors ; and it shall be the duty of such Their duties 
 board of visitors, in the month of January, annually, or at 
 such other time or times as they shall appoint, carefully 
 to examine, and to ascertain whether the requisitions of 
 this act, which relate to the instruction and the preserva- 
 tion of the morals of the children employed as aforesaid, 
 be duly observed : and if, on such examination, such 
 board of visitors shall discover, that the president and di- 
 rectors of any incorporated factory, or the proprietor or 
 proprietors of any manufacturing establishment, have 
 neglected to perform the duties en;oined on them by this 
 act, such board of visitors shall report such neglect to the 
 next county court within the county within which the 
 same shall have occurred ; and thereupon, such county 
 court shall cause the president and directors of such in- 
 corporated factory, or the proprietor or proprietors of 
 such manufacturing establishment, to appear before such 
 court, to answer in the premises ; and if, on due enquiry, 
 it shall be found, that such president and directors, or the 
 proprietor or proprietors of such establishment, do not 
 duly attend to the education of the children by them re- 
 spectively employed, as is by this act required ; or that 
 due attention is not paid to preserve the morals of such 
 children ; it shall be the duty of such court, and they are Power of the 
 hereby authorized, at their discretion, either to discharge to discharge 
 the indentures or contracts, relating to such minors, and indentures, 
 by which they may be bound to render services in such or impose fine 
 establishments, or they may impose such fine or forfeit- 
 ure on the proprietor or proprietors of such establish- 
 ment as they may consider just and reasonable : Provi- 
 ded the same shall not exceed the sum of one hundred 
 dollars. 
 
 SECT. 9. If any person shall entice and eloigne any ap- P jj" alt * 
 prentice, whether bound by indenture or otherwise, from tj ces 
 the service and employment of his master, he shall forfeit 
 and pay to the person or persons to whom such appren- 
 tice or servant was bound as aforesaid, not exceeding the 
 sum of one hundred dollars, to be recovered before any 
 court proper to try the same. Provided, that nothing 
 herein contained shall be construed to affect the right of 
 the master to recover just damages for the loss of the ser- 
 vice of his apprentice or servant.
 
 274 
 
 Title 66. Medical Societies. 
 
 ab P sc3in CS t SECT * 10 ' If an J servant or apprentice, employed in 
 bVnable'for an y incorporated factory, or in any manufacturing estab- 
 damage, after lishment as aforesaid, or in any other business, shall, with- 
 full age. out sufficient cause, abscond from the service of his mas- 
 
 ter, such servant or apprentice, when he shall arrive at 
 full age, shall be subjected and become responsible for all 
 the damage, which may have been sustained by his for- 
 mer master or employer, in consequence of his abscond- 
 ing as aforesaid ; any law to the (iontra ry notwithstand 1 - 
 ing. 
 
 TITLE 66. Medical Societies. 
 
 County medic 
 al societies. 
 
 Officers. 
 
 Deleg 
 
 afres. 
 
 Connecticut 
 medical con- 
 vention. 
 
 Officers. 
 
 An Act to incorporate Medical Societies, and to 
 establish the Medical Institution of Yale-Col- 
 lege. 
 
 SECT. 1. 
 
 E it enacted, by the Senate andllouse of Rep- 
 resentatives, in General Assembly convened, 
 That the physicians and surgeons in the respective coun- 
 ties in the state, ndw members of the county meetings, 
 and all physicians and surgeons, who shall hereafter be 
 licensed to practise, pursuant to the provisions of this 
 act, shall constitute county medical societies ; and they 
 and their successors shall be and remain bodies politic 
 and corporate, to be known and called by the name of 
 the several counties to which they belong, and shall an- 
 nually meet, on the third Monday in April, at such places 
 as heretofore have been, or hereafter shall be, designated 
 by them, and may adjourn from time to time, as they 
 shall judge expedient. Each county medical society 
 shall, at their annual meeting, elect a chairman, and 
 clerk, and such other officers as they may find necessary, 
 to manage the concerns of the society ; and shall elect 
 five members of their own society, except the counties of 
 Middlesex and Tolland, and in those counties, three 
 members, each, as delegates to compose a convention of 
 said societies. Each medical society shall have power 
 to adopt such regulations as they may think proper, to 
 promote medical knowledge. 
 
 SECT. 2. The delegates, chosen by the several county 
 medical societies, shall meet, on the second Wednesday 
 of May, annually, at such place as has been, or may 
 hereafter be, designated by them, twelve of whom shall 
 be a sufficient number to transact business ; and shall 
 have power to choose, by ballot, a president, vice-presi- 
 dent, secretary, treasurer, and such other officers as they
 
 Title 6(1 Medical Societies* 27 a 
 
 may think proper ; and being so formed, shall be known 
 
 and called by the name of The President and Fellows of 
 
 the Connecticut Medical Convention, and shall hold their 
 
 offices for the term of one year. And said convention General pow- 
 
 shall have power to make by-laws to promote the objects erSl 
 
 of the institution, not repugnant to the laws of the United 
 
 States, or of this state ; to expel any of their members 
 
 for misconduct ; to have a common seal, and the same to 
 
 alter at pleasure ; to sue and be sued, as a corporate 
 
 body, relative to their rights and interests ; to lay a tax 
 
 upon the members of the county medical societies, not 
 
 exceeding two dollars each, to be collected by their 
 
 clerks ; to dispose of the money received, by taxes or 
 
 otherwise, in such manner as they may think proper, to 
 
 promote the design of the institution ; to purchase and 
 
 hold property, either real or personal, to an amount not 
 
 exceeding one hundred thousand dollars ; and to manage 
 
 and dispose of the same, as they may judge best for the 
 
 interest of the institution. 
 
 SECT. 3. It shall be the dutv of the several members of P" 1 ? / mem - 
 ,. , . . f i ners of county 
 
 the county medical societies, to communicate useful in- medical socie- 
 
 formation to such societies, at their meetings ; and such ties ; 
 societies shall transmit the same to the convention : and O f suc jj soc i c . 
 it shall be the duty of the convention to cause to be pub- ties ; 
 lished all cases, experiments and observations, respecting anc | O f ^ K con . 
 the disease of the county, which may be of practical vention. 
 use. 
 
 SECT. 4. The election of the officers of the medical Who are eligi- 
 convention shall not be confined to the members thereof, ble as offi cers. 
 but may be from any of the medical societies ; and the 
 officers so chosen shall become members of the medical 
 convention. The president, or on his death, or in his 
 absence, the vice-president, shall, upon any special oc- Special meet- 
 casion, have power to call a meeting of the convention, ^p' how cal1 ' 
 at such time and place as he may think proper, upon 
 giving twenty day's notice in two gazettes, published in 
 this state. 
 
 SECT. 5. No physician or surgeon, who has commenced U r ^"" s ^ rs 
 practice since May one thousand eight hundred, or who not entitled to 
 shall hereafter commence practice, shall be entitled by recover fees, 
 law to recover any debt or fees for such practice, unless 
 he has been duly licenced, by some medical society, or 
 college of physicians. 
 
 SECT. 6. If any of the members of the county medical Payment of 
 societies shall neglect or refuse to pay the tax or taxes, laxes enforced 
 laid or assessed, or which may be laid or assessed, accor- 
 ding to law, by the medical convention of this state, with- 
 in six months after such tax shall become due, the collec- Co jj ec(or ma y 
 tor thereof may cause a suit or suits to be instituted, a- sue delinquent*.
 
 376 
 
 Title (515. Medical Societies. 
 
 Compensation. 
 
 Remedy 
 against delin- 
 quent collect- 
 ors of taxes. 
 
 The medical 
 institution of 
 Yale College, 
 declared a cor- 
 poration. 
 
 Professors. 
 
 How chusen. 
 
 Cabinet of ana- 
 tomical prepar- 
 ations ; 
 
 a collection of 
 specimens ; 
 and a botanical 
 garden, to be 
 established. 
 
 Qualifications 
 of medical stu- 
 dents forexam- 
 ination for li- 
 cense. 
 
 gainst such delinquent member, in the name of the presi- 
 dentand fellows of said Convention, before any court pro- 
 per to try the same, and the same pursue to final judg- 
 ment. And such collector shall be allowed, and shall 
 receive, a compensation of five per centum, on all mon- 
 ies collected by him, and paid into the treasury of such 
 medical convention. 
 
 SECT. 7. If any of the collectors of taxes in the county 
 medical societies, granted by the Connecticut medical 
 convention, shall neglect or refuse to collect the tax, 
 entrnsted to his collection, by the time the same is made 
 payable, or having collected the same, shall neglect or 
 refuse to pay it to the treasurer of the medical convention, 
 such treasurer may cause a suit or suits to be instituted 
 against such delinquent collector, in the name of the 
 president and fellows of said convention, before any court 
 proper to try the same, and the same to pursue to filial 
 judgment. 
 
 SECT. 8. The medical institution, established in YuJe- 
 Collcge, pursuant to an agreement between the president 
 and fellows of the medical convention, and the president 
 and fellows of Yale-College, is hereby declared to be a 
 body politic and corporate, to be known and acknowl- 
 edged by the name of The Medical Institution of Yale- 
 College. 
 
 SECT. 9. The institution shall include & complete 
 course of medical science, to consist of four professors ; 
 the first, of chemistry and pharmecy ; the second, of the 
 theory and practice of medicine ; the third, of anatomy, 
 surgery and midwifery ; the fourth, of materia mcdica, and 
 botany. And there shall be a joint committee, of an equal 
 number of persons, appointed by the medical conven- 
 tion and the corporation of Yale-College, who shall make 
 a nomination, from which nomination the aforesaid pro- 
 fessors shall be chosen by the corporation. 
 
 SECT. 10. A cabinet of anatomical preparations, inclu- 
 ding all things usually found in a collection of this nature; 
 and a collection of specimens in the materia mcdica, shall 
 be provided ; and a botanical garden shall be established., 
 as soon as the funds of the college will allow. 
 
 SECT. 11. Every medical student shall be required to 
 attend the study of physic and surgery, with some medical 
 or chirurgical professor or practitioner, of respectable 
 standing, for two years., provided he shall have been 
 graduated at some college ; otherwise, three years ; and 
 to have arrived at the age of twenty-one years. And 
 every medical student shall attend one course of each of 
 the above systems of lectures, under the professors of 
 the medical institution of Yale-College, or some other
 
 Title 66. Medical Societies. , -J77 
 
 medical institution, previous to his being admitted 
 tp an examination for a license : and the course of lec- 
 tures he is required to attend, may be included within the 
 term he is required to study. Provided, that upon the Proviso, as to 
 
 recommendation of the county medical societies, respect- P rivlle S cd stu " 
 
 ... f \ dents, 
 
 ively, one meritorious and necessitous person from each 
 
 county shall annually be allowed the privilege of attend- 
 ing one course of each of the above lectures, gratis. And 
 if any of the county medical societies should fail to re- 
 commend as above, the medical convention may till up 
 the vacancy. It shall be the duty of the county medical 
 societies to report to the medical convention of the state, 
 the names of the persons, whom they shall agree to rec- 
 ommend ; and the president of said convention shall trans- 
 mit said names, together with such as the medical con- 
 vention may add, agreeably to the above provision, to the 
 medical professors of Yale-College. And the price of Price of ticket 
 the ticket, for the whole of the above course of lectures, limited, 
 shall not exceed fifty dollars. 
 
 SECT. 12. The committee of examination for the prac- Committee of 
 ticc of physic and surgery, shall consist of the professors exatmnatloIK 
 of the medical institution, and an equal number of the 
 members of the medical societies, appointed by the med- 
 ical convention ; and the president of the medical con- 
 vention shall, ex officio, be president of the examining 
 committee, with a vote at all times, and a casting vote, 
 when the votes are equal : and in case of the absence of 
 the president, a president pro tompore shall be appointed, 
 by the members of the examining committee, appointed 
 by the medical convention, with the same powers ; which 
 committee, or a majority of them, shall possess the pow- 
 er, and they only, of examining for a license. All Licences, by 
 licenses, granted by the examining committee, to practice whom signed, 
 physic or surgery, shall be signed by the president of the 
 medical society, and countersigned by the clerk of the 
 examining committee : all degrees for doctor of medi- Degrees, 
 cine, shall be signed by the president of Yale-College, and 
 countersigned by the clerk of the examining committee : 
 and all licenses and diplomas, heretofore countersigned Former -Kcen- 
 by the secretary or clerk of the examining committee, ces va 
 shall be valid, and have the same effect as if they had 
 been signed by the examining committee : and the fees Fees for licen- 
 or perquisites for admitting or licensing any candidate to sing c< 
 practise physic or surgery, shall not exceed four dollars, 
 which shall be paid to the treasurer of the medical con- 
 vention, for the benefit of the same. Qualifications 
 
 SECT. 1 3. Each candidate for the degree of doctor of of candidates 
 medicine, shall be required to attend two courses of the r r doctor of^ 
 &bov e systems of lectures, at the medical institution of medicine 
 
 37
 
 278 Title 67. Meetings. 
 
 Yale-College, or at some other public medical institution, 
 where a similar course of public instruction is pursued ; 
 which degree, upon the recommendation of the commit- 
 tee of examination, shall be conferred by the president of 
 the college, and the diploma signed by him, and counter- 
 signed by the committee, or the majority of them. And 
 Honorary de- the president of the college shall have power to confer 
 S rees - such honorary degrees upon those persons whom the 
 
 medical convention shall recommend, as deserving of so 
 distinguished a mark of respect. 
 
 Examination. SECT. 14. For the accommodation, both of the students 
 and of the committee, there shall be but one examination 
 a year, which shall be immediately after the close of the 
 courses of lectures. When a candidate is prevented, by 
 sickness, he may be examined by the medical professors 
 at college ; and such examination, with their certificate 
 thereof, shall entitle him to the same privileges as though 
 his examination had been by said committee. 
 
 Privilegepf stu- SECT. 1 5. All medical students, who shall have attend- 
 at^cnded^two e< ^ two course s of lectures in the medical institution, 
 courses. shall have the privilege of attending all future courses, 
 
 Licensed prnc- gratis. And all persons licensed to practise physic or 
 titionprs, mem- surgery, agreeably to the foregoing provisions, shall, of 
 course, be members of the medical society in the county 
 in which they reside. 
 
 TITLE 67. Meetings. 
 CHAP. I. 
 
 An Act to preserve Order in the Meetings of 
 Towns and other Communities. 
 
 [BE it enacted bu the Senate and House ofRep- 
 
 SECT 1 H""m 
 
 JLP resentativesin General Assembly convened, 
 
 Disturbance in That all towns, societies, and other communities, when 
 mmished lawfully assembled, shall have power to choose a mode- 
 rator, to preside in said meetings : and if any person or 
 persons shall, by noise, tumult, quarrelling, or by any oth- 
 er unlawful act, disturb such meeting ; or prevent them 
 from proceeding, in an orderly and peaceable manner, 
 to the choice of a moderator ; or, after the choice of a 
 moderator, shall vilify or abuse him, or interrupt him in 
 the discharge of his duty; or, after he has commanded si- 
 lence, shall speak in the meeting, without liberty from 
 the moderator, unless it be to ask reasonable liberty to 
 speak ; he or they shall forfeit and pay to the treasury of
 
 Title 67. Meetings. 279 
 
 the town where the offence is committed, a sura not less 
 than one dollar, nor more than seven dollars, according 
 td the nature of the offence. 
 
 SECT. 2. All offences against this act may be heard Aggravated of- 
 and determined, by a juslice of the peace, unless aggra- fences - 
 vated by some high-handed breach of the peace ; in which 
 * case the offender shall be bound, by such justice of the 
 peace, to the next county court, to answer for the offence; 
 which court may impose a fine upon him, according to 
 the aggravation of the offence, not exceeding thirty-four 
 dollars, to the use of the treasury of such county. 
 
 SECT. 3. The moderator of such meetings, and the pre- Moderator may 
 aiding officer in electors' meetings, whenever any disor- ?^* y ^f 
 tiers are committed in the meeting, punishable by law, turbance into 
 and the offender or offenders shall refuse to submit to his custody, 
 lawful authority, shall have power to order any sheriff", 
 deputy-sheriff, or constable, to take the offender or of- 
 fenders into custody, and, if necessary, to remove him or 
 'them out of such meeting, until he or they shall conform 
 to order, or, if need be, until such meeting be closed : and Poworof offi 
 thereupon, such officer shall have power to command all 
 necessary assistance, as in cases of preserving the peace 
 and suppressing riots : and any person refusing to assist, 
 when commanded, shall be liable to the same penalties 
 as refusing to assist sheriffs and constables in the exe- 
 cution of their offices : provided, that no person com- 
 rnanded to assist shall be deprived of his right to act in 
 the meetings, nor the offenders, any longer than they re- 
 fuse to conform to order. 
 
 SECT> 4. All questions in such meetings shall be deci- All ouestions to 
 ded by a major vote of the qualified members, present ; 
 and whenever there shall be an equi-vote, the question 
 shall be decided by the moderator. 
 
 CHAP. II, 
 
 An Act to prevent the disturbance of Religious 
 Meetings. 
 
 l'J enacted by the senate and House of Rep- 
 resentatives in General Assembly convened, 
 That no person or persons shall keep any huckster's shop. Sale of spirit- 
 booth, tent, waggon, or other carriage, for the sale of J3JJ it "j u JJJJS5J 
 spiritous or other liquors, or any article of provisions; t ^ ' ^j| es ' ^'f 
 whatever, or sell, or expose to sale, in such huckster's religious meet 
 shop, booth, tent, waggon, carriage, or in any other way, ings in the fi 
 any spiritous or other liquors, or any articles of provision,
 
 Title 68. MiKtia. 
 
 limitation. 
 
 Penalty for 
 breach of this 
 act. 
 
 Informing offi 
 cers, upon 
 view, without 
 warrant, to ap 
 prehend oflen 
 ders. 
 
 Process there- 
 orf. 
 
 whatever, within the distance of two miles from any piifr- 
 lie assembly, convened for religious worship in the field". 
 Provided, that nothing herein contained, shall prevent the 
 sale of spiritous or other liquors, or provisions, by any 
 person or persons, at his or their store or dwelling-house, 
 who shall be licensed according to law to retail spiritous 
 liquors. 
 
 SECT. 2. Any person or persons, who shall be guilty 
 of a breach of this act, shall forfeit and pay, for every 
 such offence, a fine of seven dollars, to the use of the 
 treasury of the town where such offence is committed ; 
 and it shall be the duty of grand-jurors to make due pre- 
 sentment of all breaches of this act. 
 
 SECT. 3. It shall be the duty of all sheriffs, constables, 
 grand-jurors, or tything-men, upon view, without war- 
 \ rant, to apprehend every person so offending, and him or 
 them to carry before the next justice of the peace, that he 
 or they may be dealt with according to law. And the jus- 
 tice of the peace, before whom such person or persons are 
 brought, shall, on the oath of the officer apprehending 
 him or them, issue a warrant, and cause him or them ta 
 be arrested, and proceed to a hearing and trial of such 
 matter of complaint, in due course of law. 
 
 TITLE 68. Militfo. 
 
 Act of con- 
 
 An Act for forming and conducting the Military 
 Force. 
 
 Whereas the Congress of the United States did, on the 
 eighth day of May, in the year one thousand seven hun- 
 dred and ninety-two, pass an act, entitled " An act 
 more effectually to provide for the national defence, by 
 establishing an uniform militia; throughout the United 
 States," and on the twelfth of May, one thousand eight 
 hundred and twenty, passed an additional act, which 
 first mentioned act, as altered by said addditional act, 
 is in the words following, to wit : 
 
 SECT. i. 
 
 What persons 
 to be enrolled 
 
 ^ ^ nactea % the Senate and House of Rep- 
 resentatives of the United Slates of dmeri-- 
 ca, in Congress assembled, That each and every free, able 
 bodied white male citizen of the respective states, resi-< 
 dent therein, who is or shall be of the age of eighteen 
 years, and under the age of forty-five years, (except as is 
 hereinafter excepted,) shall, severally and respectively, 
 and by whom.' b e enrolled in the militia, by the captain, or commanding
 
 Title 68. Militia. 28 1 
 
 officer of the company, within whose bounds such citizen 
 shall reside, and that within twelve months after the pass- 
 ing of this act. And it shall, at all times hereafter, be 
 the duty of every such captain or commanding officer of 
 a company, to enrol every such citizen, as aforesaid, and 
 also those who shall, from time to time, arrive at the age 
 1 of eighteen years, or being of the age of eighteen years 
 .and under the age of forty-live years, (except as before 
 excepted.) shall come to reside within his bounds ; and 
 -hall, without delay, notify such citizen of the said enrol- Notice of en 
 inent, by a proper non-commissioned officer of the com- r ? llment to be 
 pany, by whom such notice may be proved. That every G ' 
 citizen so enrolled and notified, shall, within six months 
 thereafter, provide himself with a good musket, or lire- Arms and ac- 
 lock, a sufficient bayonet and belt, two spare Hints, and a coutrei en ^ 
 knapsack, a pouch, with a box therein to contain not less 
 than twenty-four cartridges, suited to the bore of his mus- 
 ket or firelock, each cartridge to contain a proper quan- 
 tity of powder and ball ; or, with a good rifle, knapsack, 
 shot-ponch, and powder-horn, twenty balls suited to the 
 bore of his rifle, and a quarter of a pound of powder ; and 
 shall appear, so armed, accoutred, and provided, when 
 called out to exercise, or into service ; except, that when 
 called out, on company days, to exercise only, he may ap- 
 pear without a knapsack. That the commissioned offi- Commissioned 
 cers, shall, severally, be armed with a sword or hanger, ffice !j s > how 
 and espontoon ; and that, from and after five years from 
 the passing of this act, all muskets for arming the militia, 
 
 as herein required, shall be of bores sufficient for balls of 
 
 V c 
 
 the eighteenth part ot a pound. And every citizen so en- 
 rolled, and providing himself with the arms^ ammunition, Arms, &c. ta 
 
 and accoutrements, required as aforesaid, shall hold the I? e exem pt 
 
 L j c ,. , from execu- 
 
 same exempted from all suits, distresses, executions, or t ion. 
 
 sales, for debt, or for the payment of taxes. 
 
 SECT. 2. And be it further enacted, That the vice-pre- Persons et- 
 sident of the United States j the officers, judicial and ex- 
 ecutive, of the government of the United States ; the 
 members of both houses of congress, and their respective 
 officers ; all custom-house officers, with their clerks ; all 
 post-officers, and stage drivers, who are employed in the 
 care and conveyance of the mail of the post-office of the 
 United States ; all ferry-men employed at any ferry on 
 the post road ; all inspectors of exports ; all pilots ; all 
 Hiariners, actually employed in the sea service of any 
 citizen or merchant within the United States ; and all 
 persons who now are, or may hereafter be, exempted by 
 the laws of the respective states, shall be, and are here- 
 by, exempted from militia duty> notwithstanding their be*
 
 Title 68. Militia, 
 
 ing above the age of eighteen, and under the age of forty* 
 five years. 
 
 Militia, how to SECT. 3. And be it further enacted. That within one 
 rrranged. year after ^ pasging o f tnis act? the m iii t i a of the re- 
 
 spective states, shall be arranged into divisions, brigades, 
 regiments, battallions, and companies, as the legislature 
 of each state shall direct ; and each division, brigade, and 
 regiment, shall be numbered at the formation thereof, and 
 
 Rank, how de^ a record made of such numbers in the adjutant-gen 
 eral's office in the state ; and when in the field, or in 
 service in the state, each division, brigade and regiment, 
 shall, respectively, take rank according to their numbers, 
 reckoning the first or lowest number, highest in rank ; 
 that, if the same be convenient, each brigade shall con^ 
 sist of four regiments, each regiment of two battalion?, 
 each battalion of five companies, each company of sixty - 
 four P rivates ' That the said militia shall be officered, by 
 the respective states, as follows : to each division, one 
 major-general, and two aids-de-camp, with the rank of 
 major; to each brigade, one brigadier-general, with one 
 brigade-inspector, to serve also as brigade-major, with 
 the rank of a major ; to each regiment, one lieutenant- 
 colonel commandant ; and to each battalion, one major ; 
 to each company, one captain, one lieutenant, one ensign, 
 four sergeants, four corporals, one drummer, and one 
 
 Regimental fif er or b u gl er ; That there shall be a regimental staff, to 
 consist of one adjutant, and one quarter-master, to rank 
 as lieutenants ; one pay-master ; one surgeon, and one 
 surgeon's mate ; one sergeant-major ; one drum-major ; 
 and one fife-major* 
 
 ^Grenadiers, Sic. SECT. 4. And beit further enacted, That out of the mi- 
 litia enrolled as is herein directed, there shall be formed, 
 for each battalion, at least one company of grenadiers, 
 light-infantry or rifle-men ; and that to each division, 
 
 Artillery, &c. there shall be, at least, one company of artillery, and one 
 
 ancUrmeT" troop of horse. There shall be to each company of ar* 
 tillery, one captain, two lieutenants, four sergeants, four 
 corporals, six gunners, six bombardiers, one drummeif 
 and one fifer ; the officers to be armed with a sword or 
 hanger, a fusee, bayonet and belt, with a cartridge box, to 
 contain twelve cartridges ; and each private or matrosS) 
 shall furnish himself with all the equipments of a private 
 in the infantry, until proper ordnance and field artillery 
 
 troop of horsfr, J s provided. There shall be to each troop of horse, one 
 
 equipped. cStp^in, two lieutenants, one cornet, four sergeants, four 
 corporals, one saddler, one farrier, and one trumpeter ; 
 the commissioned officers to furnish themselves with good 
 horses, of at least fourteen hands and an half high, and 
 to be armed with a sword and pair of pistols, the hoi-
 
 Title 68. Mihtia. 283 
 
 aters of which to be covered with bear-skin caps ; each 
 dragoon to furnish himself with a serviceable horse, at 
 least fourteen hands and an half high, a good saddle, 
 bridle, mail-pillion and valice, holsters, and a breast-plate 
 and crupper, a pair of boots and spurs, a pair of pistols, 
 a sabre, and a cartouch-box, to contain twelve cartridges 
 
 for pistols : That each company of artillery, and troop of Artlller y {""* 
 
 i n i_ c f !L P i. i_ i . troops of horse, 
 
 horse, shall be lormed ot volunteers irom the brigade, at O f whom to 
 
 the discretion of the commander in chief of the state, not be formed. 
 
 exceeding one company of each to a regiment, nor more 
 
 in number than one eleventh part of the infantry, and 
 
 shall be uniformly clothed in regimentals, to be furnish- To'be clothed 
 
 ed at their own expense, the colour and fashion to be de- to uniform. 
 
 termined by the brigadier, commanding the brigade to 
 
 which they belong. 
 
 SECT. 5. And be it further enacted, That each battalion Colours, 
 and regiment shall be provided with the state and regi- 
 mental colours, by the field officers : and each company, , 
 
 .,, i i X /> 111 1,1 .* . Drum and fife, 
 
 with a drum and rue, or bugle-horn, by the commission* or bugle-horn 
 
 ed officers of the company ; in such manner as the legis- 
 lature of the respective states shall direct. 
 
 SECT. 6. And be it further enacted, That there shall be Adjutant-gen- 
 an adjutant-general appointed in each state, whose duty eral - 
 it shall be, to distribute all orders from the commander in His duty, 
 chief of the state, to the several corps ; to attend all public 
 reviews, when the commander in chief of the state shall 
 review the militia, or any part thereof ; to obey all orders 
 from him, relative to carrying into execution and per- 
 fecting the system of military discipline established by 
 this act ; to furnish blank forms of different returns that 
 may be required, and to explain the principles on which 
 they should be made ; to receive from the several officers 
 of the different corps throughout the state, returns of 
 the militia under their command, reporting the actual 
 situation of their arms, accoutrements, and ammunition, 
 their delinquencies, and every other thing which relates 
 to the general advancement of good order and discipline : 
 All which, the several officers of the divisions, brigades, 
 regiments and battalions, are hereby required to make, 
 in the usual manner, so that the said adjutant-general may 
 be duly furnished therewith ; from all which returns he 
 shall make proper abstracts, and lay the same, annually, 
 before the commander in chief of the state. 
 
 SECT. 7. And be it further enacted, That the system of R ( ^ s of di5< 
 discipline and field exercise, which is and shall be ordered p 
 to be observed by the regular army of the United States, 
 in the different corps of infantry, artillery, and rifle-men, 
 shall also be observed by the militia, in the exercise and 
 discipline of the said corps, respectively, throughout tbr
 
 584 
 
 Title tit). Mililtu. 
 
 Duty of com- 
 manding offi- 
 cer in relation 
 thereto. 
 
 Officers, how 
 to take rank. 
 
 Provision for 
 the wouflded, 
 or disabled. 
 
 Brigade-inspec 
 tor's duty: 
 
 Adjutant-gen- 
 eral to make 
 duplicate re- 
 turns. 
 
 Corps of artil- 
 lery, cavalry, 
 &,c. now exist- 
 ing* 
 
 to retain their 
 
 accustomed 
 
 privileges. 
 
 United Slates, excepting such deviations i'ruin the said 
 rules as may be rendered necessary by the requisitions 
 of this act, or by some other unavoidable circumstance;. 
 It shall be the duty of the commanding officer, at every 
 muster, whether by battalion, regiment, or single compa- 
 ny, to cause the militia to be exercised and trained, 
 agreeably to said rules of discipline. 
 
 SECT. 8. And be it further enacted, That all commis- 
 sioned officers shall take rank according to the date o{ 
 their commissions ; and when two of the same grade bear 
 an equal date, then their rank to be determined by lot. 
 to be drawn by them before the commanding officer of 
 the brigade, regiment, battalion, company or detach- 
 ment. 
 
 SECT. 9. Andbtit further enacted, That if any person, 
 whether officer or soldier, belonging to the militia of any 
 state, and called out into the service of the United 
 States, be wounded or disabled, while in actual service, 
 he shall be taken care of, and provided for, at the public 
 expense. 
 
 SECT. 10. And be it further enacted. That it shall be 
 the duty of the brigade-inspector to attend the regimen- 
 tal and battalion meetings of the militia, composing their 
 several brigades, during the time of their being under 
 arms, to inspect their arms, ammunition and accoutre- 
 ments, superintend their exercise and manoeuvres, and 
 introduce the system of military discipline before de- 
 scribed, throughout the brigade, agreeably to law ; and 
 such orders as they shall from time to time receive from 
 the commander in chief of the state ; to make returns to 
 the adjutant-general of the state, at least once in every 
 year, of the militia of the brigade to which he belongs ; 
 reporting therein the actual situation of the arms, accou- 
 trements, and ammunition, of the several corps, and ev- 
 every other thing, which, in his judgment, may relate to 
 their government and the general advancement of good 
 order and military discipline ; and the adjutant-general 
 shall make a return of all the militia of the state, to the 
 commander in chief of the said state, and a duplicate of 
 the same to the president of the United States. And 
 whereas sundry corps of artillery, cavalry, and infantry, 
 now exist in several of said states, which, by the laws, 
 customs, or usages thereof, have not been incorporated^ 
 with, or subject to, the general regulations of the militia : 
 
 SECT. 11. Be it further enacted, That such corps retain 
 their accustomed privileges, subject, nevertheless, to all 
 other duties required by this act, in like manner with the 
 other militin.
 
 Title 68. -Militia. '286 
 
 ,\'ou\ therefore, to carry the same into execution, agreeably 
 to the requirements thereof : 
 
 ~H "ft E it enacted bu the Senate and House of Reo- 
 
 }ECT. 1. Bis t A> r< 11 17 *i 
 
 JUP resentatvces^.in Ijre.ncral Assembly convened, 
 That every free, able-bodied white male citizen of this * lilit ' a > ot 
 state, or resident therein, who is or shall be of the age of ^ 
 eighteen, and under the age of forty-five years, except as 
 is therein specially excepted ; excepting, also, members Personsexemp 
 of the senate, and of the house of representatives, for ted [j' om m!lh 
 the time being ; the state treasurer, secretary and comp- ary 
 troller; justices of the peace; licensed physicians and 
 surgeons, while they continue in practice ; general and 
 field officers, honorably discharged ; commissioned and 
 staff officers, who have been honorably discharged, hav- 
 ing served in the office from which they shall have been 
 discharged, five years, or having held commissions or 
 warrants, as staff officers, eight years ; and commissioned 
 and staff officers, holding commissions under this state, 
 who have been, or shall be, honorably discharged, in 
 consequence of their term of service .having expired, or 
 in consequence of a reorganization of the militia ; the 
 members of all fire companies, enlisted in any city, bor- 
 ough or town in this state, while belonging to and do- 
 ing duty in such company ; ministers of the gospel ; the 
 president, professors and tutors of Yale-College : 
 graduates residing in New-Haven, subject to the 
 laws, and under the instruction of the officers of the 
 college, until the time of their taking their second de- 
 gree, and students until the time of their taking their first 
 degree ; and all persons, not inhabitants of this state, who 
 shall come to reside in this state, for the purpose of quali- 
 fying themselves for collegiate education, or for entering 
 into either of the learned professions, while they shall 
 
 Continue under the care of their respective instructors, 
 
 j. , i n , ii j A soldier once 
 
 not exceeding two years ; shall be enrolled m companies enro || e d ; a ft e r- 
 
 as therein directed ; and a soldier, once enrolled in any wards remov- 
 company having had six months' notice to equip himself, ["?> to b *^~ 
 and afterwards moving into the limits of any other com- ^ i^medi- 
 pany, shall be subject to military duty, in the company a tely. 
 where he resides, immediately upon being warned. And Exempt s join- 
 all persons who are, or hereafter shall be, by law, ex- ing a military 
 cmpted from performing military duty, who shall volun- l^^fc* ^. 
 arily join, and become members of any military compa- j^to military 
 ny, shall, thereafter, be and remain liable to perform duty. 
 such duty, in the same manner, and for the same period, 
 as if they had never been exempted therefrom. Tavera-keep- 
 
 SECT. 2. All tavern-keepers, keepers of boarding- hous- erg) & c . to give 
 es, or persons who keep boarders, upon their being there- true
 
 286 Title 68. Militia. 
 
 of their board- to required, by the commander of the militia company, 
 within the limits of which they reside, shall give to such 
 commander, a true account of all persons boarding or 
 lodging with him. her or them, and their names, if known, 
 to the end that all such persons as are liable to do mili- 
 Penaliy. tary duty, may be enrolled according to law ; under the 
 
 penalty of twenty dollars, to be recovered of such tav- 
 ern-keeper, keeper of a boarding-house, or a person keep- 
 Informing offi- j n g boarders, for the use of this state. And it shall be 
 breaches." 6 " the duty of all informing officers, to make due present- 
 ment of all breaches of this section. 
 
 Enrollment of SECT. 3. Any able-bodied, free, white, male citizen res- 
 t ween 3 16 d ^ cnt * n ^ s statc > of the age of sixteen years, and under 
 18 years. the a g e f eighteen years, with the consent in writing of 
 
 the parent, guardian or master, under whose care and 
 direction he shall be, may offer himself to the comman- 
 der of the company, within the limits of which he resides, 
 to be enrolled ; and upon his providing himself, within 
 six months thereafter, with arms and accoutrements, and 
 dressing in uniform, he shall be considered as belonging 
 to the militia, and shall be entitled to all the privileges 
 and immunities, to which the rest of the militia are enti- 
 tled, and be subject to all the pains and penalties, to which 
 p . they are subject. But such minor shall not be entitled 
 
 to six months notice, allowed by act of congress, for arm- 
 ing and equipping himself, after he shall arrive at the age 
 of eighteen years ; nor shall he be liable to any draft, or 
 other call of the United States, for actual service, until 
 he shall have arrived at the age when he becomes liable 
 to do jnilitary duty, according to said act of congress. 
 \\ Organization of SECT. 4. The militia, enrolled as aforesaid, shall be 
 the militia. formed and organized as follows : there shall be three di- 
 visions of infantry, each to consist of two brigades ; each 
 brigade of four regiments ; each regiment of two battal- 
 ions ; each battalion of five companies, including one 
 company of grenadiers or light infantry ; and each com- 
 pany to consist of sixty-four privates. There shall be 
 cavalry ; fi ve re giments of cavalry, each regiment to be annexed 
 
 to the brigade of infantry, as is or shall be designated by 
 the captain-general ; and each regiment to consist of four 
 troops, and each troop of forty-four privates. There shall 
 artillery; be a brigade of artillery, to consist of three regiments of 
 light-artillery, and two regiments of horse-artillery ; each 
 regiment of light-artillery, shall consist of three battalions, 
 each battalion of four companies, and each company of 
 forty-four privates ; each regiment of horse-artillery, 
 shall consist of two battalions, each battalion of two com- 
 panies, and each company of sixty-four privates. There 
 riflemen. shall be twenty companies of riflemen, each company to
 
 Title 68. Mititw. 287 
 
 :onsist of sixty-four privates, and to be annexed to the 
 regiment of infantry, within whose limits a major part of 
 them shall reside, or as is or shall be designated by the 
 captain-general. Ami said divisions, brigades, regiments, 
 battalions and companies, shall be officered as follows : 
 to each division, 'one major-general, with two aids-de- Hew oficered. 
 camp, to have the rank of major; one division-inspector, 
 to have the rank of lieutenant-colonel, and one clivision- 
 quartcr-master, to have the rank of major : to each brig- 
 ade, one brigadier-general, with one aid-de-camp, to 
 have the rank of captain, one brigade-inspector, to serve 
 also as brigade-major, and to have the rank of major, and 
 one brigade quarter-piaster, to have the rank of captain > 
 and the brigade-inspector shall be commissioned as brig- 
 ade-inspector, and shall be considered in the line of pro- 
 motion, as captain, from the date of his commission : to 
 each regiment of infantry, one colonel, one Ireutenant- 
 colonel, and one major ; to each regiment of cavalry, 
 one colonel, and one major ; to each regiment of horse- 
 artillery, one colonel, one lieutenant-colonel, and one 
 major ; to each regiment of light-artillery, one colonel., 
 one lieutenant-colonel, and one major ; and when there 
 shall be but one battalion, it shall be commanded by a 
 major ; to ach regiment, one adjutant, and one quarter- 
 master, to have the rank of lieutenant -, also a chaplain^ 
 surgeon, and surgeon's-mate, pay -master, sergeant-major, 
 and quarter-master-sergearit ; toea<:h regiment of infant- 
 ry, and artillery, one drum-major, and one fife-major ; 
 and to -each regiment of cavalry, 'one trumpet-major ; to 
 each company of infantry, and riflemen, one captain, one 
 lieutenant, one ensign, four sergeants, four corporals, 
 one drummer, and twotifers or buglers ; to 'each compa- 
 ny of light-artillery, one captain, two Ireutenants, four 
 sergeants, four corporals, one drummer, and two fifers or 
 buglers ; to each company of horse-artillery, one cap- 
 tain, four lieutenants, one cornet, eight sergeants, eight 
 corporals, one saddler, one farrier, and two trumpeters 
 or buglers ; to each troop of cavalry, one captain, two 
 lieutenants, one cornet, four sergeants, four corporals, 
 one saddler, one farrier, : and two truinpeters, or buglers. 
 And it shall, at all times, be the duty of the captain-^en- Captain-gener- 
 eral, with the aid of such officers of the militia, or other $* f< 
 persons, as he may, from time to time, call to his assis- 
 tance, to provide for the arrangement and formation 
 of the militia, according to the provisions of this section. 
 And the captain-general is hereby authorized and em- 
 powered, -from time to time, as the interests of the mi- 
 litia shall require, to alter the limits of companies, form Jf 
 new companies, and reduce or disband any company, on & c .
 
 Title t>8. Militia. 
 
 application to him made, although thereby, any regiment 
 may contain a greater or less number of companies, than 
 is required by this act. 
 Companies of SECT. 5. The companies of cavalry, artillery, grena- 
 
 r aVa !-enadie,-l e ' diers > 15 g ht infantr J and riflemen, shall be filled, from time 
 light-infantry ' to time, by voluntary enlistments, from exempts, or from 
 and riflemen, (o such companies of infantry, as the commander in chief 
 {htment by en " ma y direct, taking care to preserve, as nearly as can be 
 done, conveniently, an equality of numbers among the 
 companies of infantry. And whenever any musician or 
 thosVwhcThave P r i va te of any enlisted company, shall refuse or neglect 
 enlisted may be to dress in the uniform, duly established in and for said 
 erased from the company, and to perform his duty therein, as required 
 ' by law, he may, by the commanding officer of such com- 
 pany, after three months' notice to dress and equip him- 
 self, he still refusing or neglecting so to do, be ereased 
 from the roll of such company ; and notice thereof shall 
 thereupon be given to the commanding officer of the in- 
 fantry company, within whose limits such musician or 
 soldier resides, who shall forthwith enrol him in his com- 
 pany. 
 
 Captam-gen- SECT. 6. The governor, for the time being, shall be 
 
 captain-general, and commander in chief of the militia ; 
 
 and the lieutenant-governor, for the time being, shall be 
 
 Lieutenant- lieutenant-general thereof, except when called into the 
 
 service of the United States. 
 
 ? e ,", er ~ and SECT. 7. The general and field officers, shall be ap- 
 
 how 'appointed pointed by the general assembly, and commissioned by 
 
 and commis- the governor ; and the captains, subalterns, and non- 
 
 sioned. commissioned officers of the militia, shall be chosen by 
 
 Captains, Sic. their respective companies, the commanding officer first 
 
 how chosen. causing notice to be given to those entitled to vote, that 
 
 he is about to lead them to a choice of such officers, or 
 
 How approved, non-commissioned officers; and such officers, if approved 
 
 skne C d mmiS ^ v ^ e g enera l assembly, shall be commissioned by the 
 
 Non-commis- governor ; and all non-commissioned officers shall receive 
 
 sioned officers, warrants, from the commander of the regiment to which 
 
 they belong, who shall have power to reduce to the ranks, 
 
 such non-commissioned officers, whom, on complaint 
 
 made, and due notice given, he shall find guilty of mis- 
 
 Commissions conduct, or neglect of duty : and all commissions, issued 
 
 to express the i ,, o 
 
 day from which b y tne governor to company officers, shall express the 
 
 to take rank, day from which such officers shall respectively take rank, 
 which shall be the day of the date of the general o'rder, 
 directing the company to be led to the choice ; and when 
 two or more majors fere appointed to one regiment, at 
 the same session of the general assembly, the dates of 
 their commissions, shall be according to priority of ap- 
 pointment.
 
 Title 68. Militia. 
 
 SECT. 8. The captain-general shall appoint the adju- Adjutant-gen- 
 tant-general, who shall have the rank of brigadier, the e ^', h 3 w ap ~ 
 captain-general shall appoint for himself, two aids-de- P< 
 camp, who shall have the rank of lieutenant-colonel ; the Aids - de - ca P 
 lieutenant-general shall appoint for himself two aids-de- 
 camp, who shall have the rank of major ; each major- 
 general shall appoint for himself tw r o aids-de-camp ; he 
 shall also appoint for his division, a division-inspector, and Division in- 
 
 a division quarter-master ; each brigadier shall appoint s P ectorand 
 r i- ir -j j iii , r quarter-master 
 
 lor himself one aid-de-camp ; he shall also appoint for 
 
 his brigade, a brigade-inspector, to serve also as brigade- Brigade inspec- 
 major, and he shall appoint a brigade-quarter-master ; tor > and <l uar - 
 each commanding officer of a regiment shall appoint his ter " mai 
 adjutant, pay-master and quarter-master, also a chaplain, Regimental 
 surgeon, surgeon's-mate, sergeant-rnajor, and quarter- sta ' 
 master-sergeant ; and the commanding officer of each 
 regiment of infantry, and artillery, shall appoint a drum- 
 major, and a fife-major, and the commanding officer of 
 each regiment of cavalry, shall appoint a trumpet-major, 
 to whom he shall give warrants ; all which appointments 
 shall be published in orders. 
 
 SECT. 9. A quarter-master-general shall be appointed Quarter-mas- 
 by the senate, upon the nomination of the governor, who ifo^ appointed* 
 shall have the rank of lieutenant-colonel, and shall have 
 authority to appoint, with the approbation of the captain- ' 
 general, one or more assistants, for whose conduct he power; 
 shall be responsible, and may remove them at his pleas- 
 ure. The duty of the quartcr-master-general, shall be, al 
 to take care of all the public property committed to him, 
 and belonging to his department ; to execute all orders 
 received from the captain-general relative thereto; to 
 receive such arms as the government of the United States 
 may, from time to time, transmit to this state, which shall r 
 by him. be deposited in the arsenal of this state, at Hart- 
 ford, and distributed to the militia, in such manner as the 
 commander in chief shall direct ; to perform all other 
 services, that may be required of him by law ; to report 
 to the general assembly, on the third day of its session, in 
 each year, and therein make return of a complete inven- 
 tory of all the articles belonging to his department, spe- 
 cifying the place or places where they are deposited, as 
 also the amount consumed, or expended, since his former 
 return, together with a particular account of all expenses, 
 or expenditures of money, incurred in his department, for 
 which no account shall have been previously rendered to 
 the general assembly ; and he shall become bound to the *? 
 state treasurer, with sureties, in a bond of twenty thou- 
 sand dollars, conditioned for a faithful discharge of the 
 duties of his office.
 
 Title 68. Militia. 
 
 Commissary- 
 general, how 
 appointed ; 
 his rank ; 
 power ; 
 
 and duty 
 
 \Q give bond 
 with sureties. 
 
 Pay-master- 
 general, how 
 appointed ; 
 his rank, 
 and duty , 
 
 bis compensa- 
 tion. 
 
 To be bound 
 with sureties. 
 
 Certain vacan- 
 cies, how filled, 
 
 Barrel of mus- 
 ket. 
 
 Rifles. 
 Sabres. 
 
 Swords. 
 
 Arms, 8ic. of ' 
 liorse-artillery. 
 
 SECT. 10. A commissary-general shall be app6infe<?, 
 by the senate, upon the nomination of the governor, whcr 
 shall have the rank of lieutenant-colonel, and shall have 
 authority to appoint, with the approbation of the captain- 
 general, one or more assistants, for whose conduct he 
 shall be responsible, and may remove them at his plea* 
 sure. It shall be the duty of the commissary-general, to 
 procure supplies for the subsistence of the troops, and is- 
 sue the same ; to execute all orders received from the 
 captain-general ; to perform all services that may be re- 
 quired of him by law ; and to report to the general assem- 
 bly, annually, on the third day of its session, the state of 
 his department ; and he shall become bound to the state 
 treasurer, with sureties, in a bond of twenty thousand 
 dollars, conditioned fora faithful discharge of the duties 
 of his office. 
 
 SECT. 1 1 . A pay-master-general shall be appointed, by 
 the senate, upon the nomination of the governor, wha 
 shall have the rank of major, whose duty it shall be to 
 pay the troopstheir wages, to execute all orders receiv- 
 ed from the captain-general, to perform such services* 
 as may be required of him by law, and to settle his ac- 
 count with the comptroller, on or before the thirtieth day 
 of April, in each year ; and for his services as pay-master- 
 general, and in lieu of all other compensation or emolu- 
 ment, he shall be entitled to receive one and an half per 
 cent on all monies paid by him according to law ; and he 
 shall be bound to the state treasurer, with sureties, in a 
 bond of twenty thousand dollars, conditioned for a faith- 
 ful discharge of the duties of his office. And in case either 
 of the offices of quarter-master-general, commissary-gen- 
 eral, or pay-master-general, shall become vacant, during 
 the recess of the general assembly, the vacancy shall be 
 filled by appointment, by the governor ; and any person, 
 thus appointed, shall hold his office until the session of 
 the general assembly, next after such appointment. 
 
 SECT. 12* The barrel of the musket or firelock, for the 
 infantry, shall be, at least, three feet and six inches long, 
 furnished with a priming- wire and brush ; and each ser- 
 geant and corporal of the infantry and riflemen, shall 
 have a screw-driver and worm, more than is required by 
 said act ; the kind of rifle for the riflemen, and the length 
 and bore of its barrel, shall be such as the commander in 
 chief shall direct ; the sabre for the cavalry, shall be at 
 least three feet long, exclusive of the hilt ; the non-com- 
 missioned officers and privates of the artillery, shall be 
 armed with a sword or hanger, at least two feet nine inch- 
 es long, exclusive of the hilt ; the arms, accoutrements 
 and uniform of the horse-artillery, shall be like those of 
 the cavalry.
 
 Title 68: Militia. 291 
 
 SECT 13. It shall be the duty of each non-commission- Arms, &c. re-, 
 
 ed officer and private of the artillery, cavalry, riflemen c i" ired b y act 
 
 , . ,, v f . . ,. ir . , ' of congress 
 
 and infantry, to furnish himself with the arms, ammunition 
 
 and accoutrements, required by the said act of congress, 
 and by this act. The field, commissioned, and staff offi- 
 cers, shall, at their own expense, be uniformly clothed, 
 in regimentals, established according to law ; and the 
 non-commissioned officers and privates of the cavalry, 
 artillery, grenadiers, light-infantry and riflemen, shall be 
 clothed in their respective uniforms, which are, or may Uniform *- 
 be established according to law. 
 
 SECT. 14. No person belonging to any battalion com- P ers . n enlist- 
 pany, shall, under color of enlistment into any company J.^^ 
 of artillery, cavalry, riflemen, grenadiers, or light-infan- not to be ex- 
 try, be excused from doing duty in the said battalion com- cus . ed / rom du ' 
 pany, until he shall have completely equipped himself un tjj compiler 
 for service in the corps into which he enlists, with arms, ly equipped 
 accoutrements, and uniform, according to law, and shall 
 have produced a certificate thereof, from the command- 
 ing officer of such cavalry, artillery, grenadiers, light-in- 
 fantry or rifle company, to the commanding officer of 
 such battalion company ; nor shall any non-commission- 
 ed officer or private, belonging to any enlisted company, 
 enlist into any other company. Each non-commissioned 
 officer, musician and private of the horse-artillery and 
 cavalry, shall provide himself with a good sufficient horse, 
 of the size required by law. 
 
 SECT. 15. Every commanding officer of a company of Da y s of co |- 
 ..... 11 j j u pany exercise, 
 
 militia, shall order out his company, three days in each r 
 
 year, not less than six hours in each day ; one day in the 
 rnonth of May, and two days in the month of September, 
 and instruct them in the use of arms, and discipline of 
 war. On the first Monday of May, annually, each com- ^ay f r e ' 
 manding officer shall cause the arms, ammunition and acr v 
 coutrements of all under his command, to be reviewed 
 and inspected. The commanding officer of any compar ?jjf e n / out*' 
 ny, when thereto ordered, shall call out his company for , or c i, ice of 
 the choice of a captain, or. subalterns, at any time in the officers at any 
 year ; and the non-commissioned officers, musicians and time - 
 privates of such company, when called out as aforesaid, 
 shall be liable to the same fines and penalties for non-at- 
 tendance, and be subject to the same correction and pun- 
 ishment for disorders and contempt, as are provided by 
 law, in cases of company trainings. The commanding 
 officer of each regiment of artillery, shall order out his 
 regiment, by regiment or battalion, every second year, in 
 the month f September or October, for exercise, inspec- r7 . 
 tion and review, in such manner as the officer command- 
 ing the brigade shall direct. And the commander of the
 
 202 
 
 .Regiments of 
 infantry and 
 cavalry to be 
 called out an- 
 nually. 
 
 fn what cases 
 regiments may 
 be called out, 
 three days in 
 succession. 
 
 Battalion 
 companies, 
 how posted. 
 
 Inspection, 
 how made. 
 
 Duty of bri- 
 gade-inspectors 
 to make en- 
 quiry, &c. 
 
 To make an- 
 nual returns. 
 
 Meeting of 
 brigade-in- 
 spectors with 
 adjutant-gene- 
 ral. 
 
 Title 6S. Militia. 
 
 brigade of artillery may assign the command of the re- 
 spective battalions of light-artillery, to such field officer 
 of the regiment as lie may judge expedient ; and also 
 cause the regiments of light-artillery to be reviewed and 
 inspected in smaller bodies than the battalions establish- 
 ed by law, at his discretion. The regiments of infantry 
 and cavalry shall be called out for exercise, inspection 
 and review, annually, by regiment or battalion ; and the, 
 companies composing such regiments shall be excused 
 from the performance of one day's company duty, to 
 which they would otherwise by law be subjected. When- 
 ever a majority of the field and commissioned officers of 
 any regiment, agree thereto, the commanding officer of 
 such regiment, with the approbation of the officer com- 
 manding the brigade, or, (in case of the regiments of light- 
 artillery, of the captain-general, shall order out his regi- 
 ment three days in succession, in the month of Septem- 
 ber, which shall be in lieu of all trainings in that month 
 and October. On days of regimental, or battalion in- 
 spection or review, the companies shall take rank and be 
 posted according to Scott's system of military tactics, as 
 abridged by Lieut. Col. Pierce Darrow. And it shall be 
 the duty of the captain-general to number the companies, 
 at the time of forming or re-organizing the regiment to 
 which they belong. 
 
 SECT. 1G. Whenever a regiment or battalion, shall be 
 ordered out for inspection, it shall be the duty of the bri- 
 gade-inspector, to inspect such regiment or battalion, 
 agreeably to the second article of the twenty-fifth chap- 
 ter of the rules of discipline aforesaid, and he shall take 
 an accurate account, from personal inspection, of the 
 quality of the arms and accoutrements, both of the non- 
 commissioned officers and privates, and whether they are 
 fit or unfit for service, and shall ascertain, with precision, 
 the size of the bores of the muskets and rifles; he shall 
 also examine the men's clothing, and see whether they 
 are in complete uniform, according to law. And it shall 
 be the duty of the brigade-inspector, to make diligent en- 
 quiry, from time to time, whether commanders of compa- 
 nies have caused all persons liable to do military duty. 
 within their limits respectively, to be enrolled, and to re- 
 port all delinquencies to the brigadier of their brigade 
 respectively, to the end, that such commanders may be 
 dealt with according to law ; and the inspector shall 
 make annual return of the state of the militia, in the bri- 
 gade to which he belongs, to the adjutant-general. 
 
 SECT. 17. Whenever the captain-general shall deem it 
 necessary, he may issue his orders, directing the brigade- 
 inspectors to meet the adjutant-general, at such time and
 
 Title 68. Militia. 293 
 
 place as he shall appoint, to confer with him, and to re^ 
 ceive his directions, relative to their official returns, and 
 other parts of their duty, and to afford him that assistance 
 and co-operation, which the public service may require ; 
 and the said officers shall be allowed nine cents per mile 
 for travel, to and from such place of meeting. 
 
 SECT. 18. In all cases when the militia are to be warn- ^ V . a f9'-"goi 
 ed for a choice of officers, for exercise, review, parade, ni 
 or inspection, three days notice shall be given, exclusive 
 of the day of warning, by order of the commander of the 
 company, in writing, directed to the non-commissioned 
 officers, and the same to be read in the hearing, or a copy 
 thereof to be left at the usual place of abode, of the per- 
 son to be warned. 
 
 SECT. 19. Each company shall be furnished with a Orderly boojk 
 suitable orderly book for records, and the commanders 
 of the companies of battalion infantry, shall cause the 
 names of all persons, between the age of sixteen, and 
 forty-five years, and who reside within the limits of their 
 respective companies, to be entered in said book, except 
 the names of such persons, as belong either to the artil- 
 lery, cavalry, rifle-men or flank companies, designating 
 therein, such persons as are liable to military duty. And 
 the commanders of the companies of artillery, cavalry, 
 rifle-men and flank companies, shall cause the names of 
 all persons enlisted into their respective companies, to 
 be enrolled in their said orderly book; and the command- 
 ing officer of each company, shall cause to be recorded, 
 all delinquencies, and all votes and proceedings of such 
 company, and shall cause copies of any part of said re- 
 cords to be given, reasonable compensation being made 
 therefor ; and it shall be the duty of the adjutant-general 
 of the state, to prescribe the forms of keeping such re- 
 cords, and of the brigade-inspectors, annually, to inspect 
 the said books, 
 
 SECT. 20. The brigades or divisions may be ordered Division and 
 out for inspection or review, by their commanding offi- br '8 a d n- 
 cers, with the approbation of the commander in chief, review.* 1 ' 
 at such times as shall be deemed expedient and necessa- 
 ry ; and whenever a division is under arms, it shall be 
 reviewed by the captain-general, or lieutenant-general ; 
 when a brigade, by a major-general ; and when a regi- 
 ment, by a brigadier-general. 
 
 SECT- 21. If any person or persons belonging to the Firing prohib- 
 militia, shall fire any field-piece, musquet or pistol, or 
 suffer the same to be done by others, on any days of com- 
 pany, battallion, or regimental days of exercise, or re- 
 view, excepting by order of a commissioned officer, he 
 shall for each offence, forfeit and pay a fine of five dot- f enaIr Y
 
 >94 
 
 How recover- 
 e.t. in case of 
 minors. 
 
 Informing offi- 
 cers to com- 
 plain. 
 
 This section to 
 
 be i .;'.! to each 
 coin], my, 
 twice a year. 
 
 Commanding 
 officers to or- 
 i!er 'lie cor- 
 rection of dis- 
 orders, on 
 dajs of exer- 
 cise. 
 
 Punishment. 
 
 Power to fix 
 limits of pa- 
 rade ; 
 
 S3* 
 
 10 confine in- 
 truders. 
 
 Musicians to 
 assemble for 
 instruction. 
 
 Fine for neg- 
 lect. 
 
 Title 68. Mihtia. 
 
 lars, to be recovered by complaint or information thereof 
 made, and conviction had, before any court proper to 
 try the same, for the use and benefit of him, who shall 
 prosecute the same to eftect. And Avhen si:ch oi'ence 
 shall be committed, by any person, under the a^e of twen- 
 ty-one years, the said fine may be recovered of the pa- 
 rent, master, or guardian of such minor, so offending, in 
 manner aforesaid. And it shall be the duty of all in- 
 forming ollicers, to make presentment and complaint of 
 all breaches of this section, to any court proper to hear 
 and deierniinc the same, and upon conviction of the of- 
 fender, on such presentment and complaint, the said fine- 
 shall be paid to the treasury of the town, where such 
 offence shall have been committed. And it shall be the 
 duty of each captain, or officer commanding a military 
 company, to cause this section to be read in the hearing 
 of his company, in September and May, in each year. 
 
 SFICT. 22. The commanding officer of each division, 
 brigade, regiment, battalion, or company, shall order the 
 correction and punishing of disorders, or contempt, on 
 days of exercise, inspection, or review, of which any non- 
 commissioned officer or soldier, under their respective 
 commands, may be guilty, during the day ; provided, the 
 punishment inflicted, be not greater than riding a wooden 
 horse v for a term not exceeding one hour, or a fine, not 
 exceeding seven dollars ; and they shall have power to 
 fix certain limits to their respective parades, within 
 which no spectator shall enter, without liberty from the 
 commanding officer ; and in case any person shall intrude 
 or offend, he shall be liable to be confined, in such way 
 and manner, as the commanding officer shall direct, dur- 
 ing the continuance of the exercise. 
 
 SECT. 23. The commanding officer of any regiment 
 shall, if he judge expedient, order the musicians within 
 the limits of his command, to assemble at such times and 
 places, as he shall direct, for practice and instruction, not 
 exceeding two days in each year, exclusive of days of 
 regimental exercise ; and if any musician shall refuse or 
 neglect to obey such orders, he shall be liable to the same 
 fine as is herein provided for like neglect, or refusal, on 
 days of company exercise ; which fine, and all other fines, 
 which, by virtue of this act, shall be incurred by the non- 
 commissioned staff, shall be imposed by the commanding 
 officer of the regiment. But the person so fined, or lia- 
 ble to be fined, shall have the right to excuse himself, 
 before such regimental officer, and appeal to a superior 
 officer, as is hereinafter provided, incases of fines imposed 
 by commanding officers of companies.
 
 Title 68. Militia. 295 
 
 24. The lines and penalties incurred ibr non-ap- Fines for non 
 pearancc. and deficiency of arms- and accoutrements. u PP e " r ;? n . ce 
 
 *i 11, ,. ., -j. T i and deficiency 
 
 snail be as follows, to wit : Each sergeant-major, quarter- j u arms, &c. 
 Ynaster-sergeant, drum-major, life-major, trumpet-ma <>r. 
 sergeant, corporal, drummer, lifer, trumpeter, and bugler, 
 who shall neglect to appear at the time and place appoint- 
 ed for regimental or battalion exercise, inspection, or re- 
 view, shall forfeit and pay a line of six dollars; and for each 
 day's neglect to appear, at the time and place appoiiik-d 
 for company exercise, inspection, or review, a line of live 
 dollars ; each private, for non-appearance, on any day of 
 regimental or battalion exercise, inspection or review, 
 shall forfeit and pay a line of five dollars, and for non- 
 appearance on any day of company exercise, inspection. 
 or review, a fine of four dollars -, each non-commission* d 
 officer and private, who appears on parade, shall, for dc- 
 iiciencv of arms, ammunition, and accoutrements, forfeit 
 and pay, for each day of exercise, inspection, or review, 
 the following fines, to wit : For a gun, or pair of pistols, 
 each, one dollar and fifty cents ; for a sabre, or hanger, 
 each, one dollar, and for each other article required by 
 law, twenly-five cents : and no horse-man who shall be 
 deficient in a horse, shall be considered as appearing on 
 parade. 
 
 SI;.,T. 25. Any non-commissioned officer, musician or Proceedings iu 
 private, of any company of militia, whether artillery, cav- "fse'jbrvTon- 
 ;i!ry7 rifle-men or infantry ,who shall neglect to appear, at appearance, 
 the time and place appointed for regimental, battalion, or 
 company exercise, inspection or review, or for the choice 
 of a captain, or subaltern, for the company to which such 
 person belongs ; or. appearing, shall be deficient in arm- 
 or equipments ; may. within ten days next thereafter, ap- 
 pear before the commanding officer of such company, 
 by himself or attorney, and make excuse for such non- 
 appearance or deficiency ; and if such delinquent shall 
 fail to appear as aforesaid, and make a satisfactory ex- 
 cuse for such delinquency, said commanding officer shall 
 impose upon ?uch delinquent, the fine or lines hi such 
 case by law incurred, and shall give notice thereof, in 
 writing, to the person so lined ; and if such fine or lines j^." 8 "^? b * c !~ 
 shall not be paid to such commanding ollicer. and the said ^ 
 delinquent shall not make his appeal in the manner here- 
 in after provided, said fine or fines >-lull be collected by 
 warrant, under the hand of said commanding ollicer. 
 
 SECT. 2G. Whenever the commanding olficer of a com- Proceedings in 
 pany, shall impose a fine, the person so fined, when he case of appeal*, 
 claims to be excused from performing military t..iiy, at 
 the time for which he i~ lined, msy. within ten days alter 
 notice thereof, appeal to the commanding ollicer ot th-
 
 ' 
 J96 Title 68. Militia, 
 
 giment ; or, if the person so fined, claim in writing, to be* 
 long to a different regiment from that to which said com- 
 manding officer belongs, but to the same brigade, he may, 
 within fifteen days after such notice, appeal to the com- 
 manding officer of the brigade ; and if the person so fined 
 shall claim in writing to belong to a different brigade, in 
 the same division, he may, within twenty days after such 
 notice, appeal to the commanding officer of the division ; 
 and if the person so lined, shall claim, in manner afore- 
 said, to belong to a different division, or to a different 
 corps, from that to which such commanding officer be- 
 longs, he may, within twenty days after notice, appeal to 
 the captain-general, or to such person as the captain- 
 general shall appoint. And in all cases of appeal, it shall 
 iN'oticc of ap- be tne duty 'f tne officer, to whom the appeal is made r 
 peals. to cause written notice to be given to the officer imposing 
 
 the fine, who shall thereupon stay the collection thereof, 
 until the appeal be determined ; and the officer to whom 
 the appeal is made, may, cm hearing the parties, abate 
 such line and if such fine be not abated, the officer im- 
 posing the same, shall proceed to the collection thereof. 
 Proceedings on When any person fined as aforesaid, shall claim to be 
 son's claiming'" wholly exempted from the performance of military duty, 
 to be wholly he may, within ten days after notice thereof, appeal to 
 exempted from either judge of the county court in the county in which 
 ai 7 u y- nc regie's, stating the ground of his claim for exemption; 
 which judge shall give notice to the officer imposing the 
 fine, of the appeal, and of the time when the same will 
 be heard ; and the collection of the fine shall be stayed 
 till the appeal is determined* And such judge shall hear 
 the parties, and, if he shall be of opinion, that the person 
 appealing is exempted from military duty, he shall abate 
 such fine ; otherwise the officer imposing the fine, shall 
 proceed to the collection thereof. All appeals shall be 
 in writing, and the same shall be determined, and notice 
 of such determination, given to the officer imposing the 
 fine, within twenty days after such appeal is made ; and 
 No other reme- no ac tion shall be sustained against any officer, for impo- 
 dy. sing a fine for neglect of appearance, or deficiency in 
 
 arms or accoutrements. 
 
 Warrants for SECT. 27* All warrants granted for the collection of 
 fines; any fine, imposed by virtue of this act, shall be directed 
 
 how directed to a constable of the town, in which the delinquent dwells; 
 and levied. which warrant may be levied on the goods, or chattels, 
 of the delinquent, if of the age of twenty-one years, 
 and for want of such goods and chattels, on the body of 
 such delinquent, and on the goods or chattels of the pa- 
 rent, master or guardian of such delinquent, if under the 
 ge of twenty-one years, and for want of such goods and
 
 Title 68. Militia. 
 
 chattels, on the body of such parent, master or guardian* 
 
 and him commit to gaol until such tine be paid, wi4^Jaw- 
 
 ful fees for service, and seventeen cents for said \var- 
 
 irant, as in case of execution for debt : And all warrants 
 
 heretofore issued, by any officer of the militia, for col- 
 
 lection of fines, including the sum for the warrant, shall 
 
 be deemed to be valid ; and no action shall be sustained 
 
 against such officer for the same. All tines imposed by Fines, how du- 
 
 the commanding officer of a company, shall be appro- P osed of 
 
 priated for the benefit of such company, for purchasing 
 
 and keeping in repair, trumpets, bugles, drums and fifes, 
 
 and for teaching music, and for providing blank cartridges, 
 
 for days of regimental or battalion review, inspection or 
 
 parade, not exceeding ten cartridges for each non-com- 
 
 missioned officer, and private, who bears arms ; and the 
 
 surplus, if any, shall be paid to the treasury of the town, 
 
 to which such ComYnanding officer belongs ; and all fines 
 
 imposed by the commanding officer of a regiment shall be 
 
 appropriated for the benefit of such regiment, for the uses 
 
 aforesaid, and the surplus, if any, shall be paid into the 
 
 treasury of the state. 
 
 SECT. 20 Whenever anv soldier shall be unable to Proceedings in 
 
 , . ic -,i_ j i i_ case a soldieris 
 
 equip himself with arms and accoutrements, required by una bi e to equip 
 
 law, a certificate from two of the civil authority of the himself 
 town to which he belongs, shall be sufficient evidence, to 
 the commanding officer of the company, of such inability; 
 which certificate being given, no execution shall issue 
 against him, for any fine, which may have been imposed 
 for any such deficiency ; and in every such case, it shall 
 be the duty of the select-men of the town, to provide such 
 soldier with arms, and the whole or any part of such ac- 
 coutrements. as may be necessary, at the cost of such town, 
 within forty days after such certificate shall have been 
 shown to them, and in default therof, the said command- 
 ing officer shall, in his official capacity, have a right of 
 action against such town, to recover the value thereof; 
 any one justice of the peace to hear and determine the 
 same, and grant execution thereon ; and in such case, no 
 appeal shall be allowed ; and the commanding officer 
 shall thereupon, without delay, procure such arms and 
 accoutrements, and they shall be the property of such 
 town ; and all arms belonging to the town, shall, by the 
 commanding officer of the company, be deposited in such 
 place, as he may think proper, to be ready for such sol- 
 diers, as, for the time being, may be unable to equip 
 themselves ; and such officer shall be liable to pay there- 
 for, if lost through his neglect. 
 
 * 
 
 SECT. 29. Any person belonging to any society of w *JJJ , 
 
 Friends, Shakers, or Quakers, may procure a certificate &c. may be
 
 298 Title 68. Militia. 
 
 cused from mil- thereof, from the clerk of the society to which he be- 
 longs ; and upon presenting the same, to the treasurer of 
 the state, at any time in the month of May, in any year, 
 and paying the said treasurer, the sum of six dollars, for 
 the use of the state, he shall give a certificate thereof, to 
 such Friend, Shaker, or Quaker ; and upon the same 
 being presented to the commanding officer of the compa- 
 ny, within the limits of which such Friend, Shaker, or 
 Quaker resides, on or before the last day of said May: 
 such Friend, Shaker, or Quaker shall be excused from 
 arming and equipping himself, and doing military duty, 
 for the year following. 
 
 Commanding SECT. 30. The commanding officers of the several re- 
 officers of regi- giments, shall call out the commissioned and non-com- 
 ments may call ~ -, /v. / ,1 
 
 out officers for missioned officers oi their said regiments, one day, and i 
 exercise, &.c. they judge it expedient, two days, either in the month of 
 August or September, for exercise and discipline in arms, 
 previous to any regimental or battalion review, or pa- 
 Fine for non- rade ; and when so called out, the non-commissioned 
 appearance. o ffi cers sha ll be liable to a fine of four dollars, for each 
 day of non-appearance at such time and place of exer- 
 cise : which fine may be imposed by the said command- 
 ing officers of the regiments, respectively, under the same 
 provisions and restrictions, as are contained in the twen- 
 ty-third section of this act. 
 
 How a place of SECT. 31. It shall be the duty of the commanding offi- 
 C cero f eacncom P an y f infantry, to establish a place, or 
 places of parade, for their respective companies, within 
 the limits thereof : and if a part of any company shall 
 consider themselves aggrieved, by any such establish- 
 ment, they may apply to the commanding officer of the 
 regiment, who shall appoint a board, consisting of three 
 disinterested captains, belonging to his regiment, to view, 
 at the expense of the applicants, the local situation of 
 said company ; first giving notice of the time and place of 
 their meeting, for that purpose to the commanding officer 
 thereof; and such board, after having viewed the local 
 situation of said company, shall fix and determine the 
 place or places, for their parade, and make report in 
 writing of their doings in the premises, to the command- 
 ing officer thereof, who shall cause the same to be record- 
 ed in the orderly book of his company. 
 
 Officers to fur- SECT. 32. Each commissioned officer shall furnish him- 
 wkVttrfleT selfwith the rulcs of discipline, approved and established 
 of disdpliruT b j congress, in their act, passed the twelfth of May, one 
 
 thousand eight hundred and twenty. 
 
 Proceedings in SECT. 33. The captain-general, or in his absence, the 
 case of alarm, next commanding officer, is hereby authorized and em- 
 powered, on an alarm, invasion, or notice of the appear-
 
 Title 68. Militia. 299 
 
 ance of an enemy, either by sea or land, to order the 
 whole, or "any part of the militia to assemble, and the same 
 to lead, order, or employ, for the assistance, or relief of 
 any of the inhabitants of this state, attacked by an ene- 
 my, or in danger thereof; and, generally, to issue and pub- 
 lish such orders, as he shall judge expedient, to carry in- 
 to execution the intent and design of this act ; and all 
 subordinate officers are hereby required to yield entire 
 obedience thereto. And the officers severally command- 
 ing divisions, brigades, regiments, battalions and compa- 
 nies, are hereby vested with the same authority, within 
 their respective commands ; but, when any of them find 
 it necessary to order out the force under his command, 
 he shall, forthwith, dispatch intelligence, and the occa- 
 sion thereof, together with an account of his movements 
 and operations, to the captain-general, or any other of 
 his superior officers, as may be deemed most conducive 
 to the public safety ; and the officers receiving such in- 
 telligence, shall observe the same line of conduct, in or- 
 der that information may, in the most expeditious way, 
 come to the captain-general. And when the militia, or 
 any detachment thereof, are called out, in actual service, 
 under the provisions of this act, they shall be entitled to 
 the same pay and rations, as is, or shall be provided for ^ av and ra 
 the army of the United States. And when any company, 
 battalion, regiment, brigade, or division, of the militia of 
 this state, shall be ordered into service, by the proper 
 
 officer, on any alarm, each non-commissioned officer, mu- f '. ne > and for * 
 . . ; /. feiture for nee- 
 
 sician and private, who neglects to appear at the place of lect to appear 
 
 rendezvous, in person, or by substitute, and join the com- 
 pany to which he belongs, shall, for such neglect, pay a 
 fine of seventeen dollars, and shall forfeit and pay the fur- 
 ther sum of twenty dollars, for each and every month, he 
 shall neglect to join such company, and in the same pro- 
 portion, for a longer or shorter time ; and upon neglect or 
 refusal to pay the aforesaid penalties and forfeitures, or 
 any part of the same, shall be imprisoned in like manner, 
 as is provided by this act, for those who neglect or refuse 
 to pay the penalties incurred for not appearing in person, 
 or by substitute, at the time and place appointed for ren- 
 dezvous, when detached for service ; and each non-com- 
 missioned officer, musician and private, shall have like 
 notice, when ordered into service, by company, battalion, Notice, 
 regiment, brigade or division, as is provided by this act, 
 for those who are called out by detachment. Commandin 
 
 SECT. 34. The commanding officer of each company officerto make 
 shall, immediately after a detachment, company,battalion, return of de- 
 regiment, brigade, or division, shall be ordered to rendez- ^'^"Jj fcr 
 vous for service, at any particular time and place, make
 
 300 
 
 Titk 68. Militia. 
 
 attorney. 
 
 County courts 
 to have 
 zance. 
 
 Substitutes. 
 
 return of the names and places of abode, of all the per- 
 sons under his command, who shall have incurred any of 
 the penalties mentioned and contained in that part of this 
 act, providing for calling out the militia by detachment, 
 to the brigade-major of the brigade, to which they res- 
 pectively belong ; and it shall be the duty of the brigade- 
 major, within twenty days from the time of his receiving 
 
 and be to state s return, to make a like return to the state attorney 
 for the county in which such person or persons may re- 
 side. 
 
 SECT. 35. The several county courts in this state, are 
 cogal " authorized and empowered, to hear and determine all 
 actions for breaches of this act, not otherwise provided 
 for by law; a id the state attornies in the several coun- 
 ties, are hereby authorized and empowered to prosecute 
 the same, by action of debt, in the name of the state 
 treasurer, or by information ; and the penalties, fines 
 and forfeitures, when recovered, shall he paid into the 
 state treasury. 
 
 SECT. 36. Each and every sergeant, corporal, musi- 
 cian and private of the militia, that shall be detached to 
 perform a tour of military duty, under the government, 
 and by authority of this state, or of the United States, 
 shall be allowed to procure a substitute, of equal grade 
 with himself, to be approved of, and accepted, by the 
 senior officer in command, at the place of rendezvous, 
 who shall be the only proper officer to accept and ap- 
 prove of substitutes, and determine on their qualifica- 
 tions ; and it shall not be in his power to accept of a 
 substitute, unless completely equipped and in uniform, 
 according to law ; which substitute, when accepted, and 
 voluntarily enrolled, shall be subject to the laws of this 
 state, for forming and conducting the military force, 
 while in actual service. 
 
 SECT. 37, It shall be the duty of the commanding offi. 
 
 ons detached. cer o f ^ ne company, from which any detachment is made, 
 to give immediate notice thereof to the person or per- 
 sons detached, which notice shall be in writing, signed by 
 the commanding officer of the company, and read in the 
 hearing of the person detached, or an attested copy 
 thereof, left at his usual place of abode, by one of the 
 sergeants of said company ; and whenever any sergeant, 
 corporal, musician, or private, detached and notified as 
 aforesaid, shall refuse or neglect to appear, either him- 
 self, or by substitute, approved as aforesaid, at the time 
 and place appointed for the rendezvous of such detach- 
 ment, the person so neglecting to appear, shall forfeit 
 
 non-appear- an( j thesumof twentv dollars into the treasury of the 
 ance at rendez- l J , , .. , . J , ., J . 
 
 ;-ous state, and shall forfeit and pay to said treasury, the fur- 
 
 Votice to per- 
 
 fc'orfeitiire for
 
 Title 68. Militia* 301 
 
 iher sum of twenty dollars, for each and every month he 
 
 ehal.l negleci. to join such detachment, and in the same and for neglect 
 
 proportion, for any part of the time he shall neglect to to -> oin detacl > 
 
 join the detachment ; and upon neglect or refusal to pay D 
 
 the aforesaid penalties and forfeitures, or any part of the 
 
 same, he shall be imprisoned in the common gaol of the j/ n f )risont nent 
 
 county, where he resides, for a term not less than thirty men" " pa> 
 
 days, nor exceeding sixty days, at the discretion of the 
 
 court before which the conviction is had. 
 
 SECT. 38. When any fine shall be incurred., by any mi- Parent, &.c. 
 nor, for a breach of the thirty-third and thirty-seventh when liable 
 sections of this act, the parent, guardian or master of 
 such minor, shall be liable for the same, unless where 
 such parent, guardian, or master, shall make it appear, 
 that he was not aiding in. or consenting .to, such neglect 
 or refusal. 
 
 SECT. 39. Any officer or soldier, wounded or disabled, VVoundedand 
 and the widow and children of any officer or soldier killed, disabled, pro 
 while in the service of this state, shall be suitably provid- v 
 ed for, by the legislature, having respect to the nature 
 and merits of such cas,e. 
 
 SECT. 40. General, field, commissioned and staff of- Courts-martial 
 ficers, shall be subject to trial, by general court-martial, 
 according to the usage and practice of war, for disobedi- 
 ence of orders, for unofliceiiike conduct, while on duty, 
 or during any day appropriated to military exercise or re- 
 view.and for the neglect of any duty imposed upon them by 
 law, as officers of the militia ; which court-martial shall 
 consist of not less than nine, nor more than thirteen mem- how constitu*- 
 bers ; and the senior officer, who shall always be of a ed > 
 rank superior to the officer on trial, shall preside. The , . 
 
 court-martial for the trial of an officer, under the grade 
 of a field officer, shall be appointed by the commanding 
 officer of the brigade, to which he belongs ; for the trial 
 of an officer of the grade of a field officer, except field 
 officers of the artillery, cavalry, and rifle corps, by the 
 commanding officer of the division, to which he belongs; 
 for the trial of a general officer, and of field officers in 
 the artillery, and rifle corps, by the captain-general ; for 
 the trial of field officers of the cavalry, by the major-gen- 
 eral of the division to which they are attached. In eve- 
 ry court-martial there shall be a judge-advocate, who j u dge-advo- 
 : shall discharge, the duties of that office, according to the cate. 
 usages and practice in courts-martial ; and no other per- 
 sons shall be admitted to prosecute or defend the arrest- 
 ed officer. Whenever a court-martial shall be ordered, 
 the order shall designate the time and place of holding 
 the same, the name of the officer to preside, and the num- 
 ker and rank of other officers, of which the court i s to bo 
 40
 
 Title 68. Militia. 
 
 Form of order, 
 by oaptain-gen- 
 
 by major-gen- 
 eral ; 
 
 by brigadier- 
 general. 
 
 composed. If the court shall be ordered by the captain- 
 general, the orders shall be of the tenor following, to 
 wit : 
 
 State of Connecticut, ss. 
 
 GENERAL ORDERS. 
 
 A general court-martial is ordered to assemble at 
 on the day of Anno Domini, , for the trial of 
 such person or persons as may be brought before them, 
 to consist of members, to be taken from the di- 
 vision, to wit: major-generals, brigadier-generals, 
 colonels, lieutenant-colonels. Major-general 
 will preside. The adjutant of the regiment will 
 furnish an orderly sergeant, to attend and execute the or- 
 ders of the court. 
 
 (To be signed by the captain-general, or the adjutant- 
 general.) 
 
 If the court be ordered by a major-general, the orders 
 shall be of the tenor following, to wit : 
 
 State of Connecticut, ss. 
 
 DIVISION ORDERS FOR THE 
 OF MILITIA. 
 
 DIVISION 
 
 A general court-martial, of said division will assemble 
 at , on the day of , Anno Domini, ; for 
 the trial of such person or persons as may be brought be- 
 fore them, to consist of members, to wit : briga- 
 dier-generals, colonels lieutenant-colonels, and 
 majors. Brigadier-general will preside. The 
 adjutant of the regiment will furnish an orderly ser- 
 geant, to attend and execute the orders of the court. 
 (To be signed by a major-general, or by a division-in- 
 spector, by his order.) 
 
 If the court be ordered by a brigadier-general, the or- 
 ders shall be of the following tenor, to wit : 
 
 State of Connecticut, ss. 
 
 BRIGADE ORDERS FOR THE 
 OF MILITIA. 
 
 BRIGADE 
 
 at 
 
 A general court-martial of said brigade will assemble 
 
 on the day of , Anno Domini, 
 
 for 
 
 the trial of such person or persons as may be brought be- 

 
 Title 68. Militia. 303 
 
 fore them, to consist of members, to wit : colonels, 
 lieutenant-colonels, majors, captains, and 
 
 subalterns. Colonel will preside. The adju- 
 tant of the regiment, will furnish an orderly sergeant, 
 to attend and execute the orders of the court. 
 {To be signed by the brigadier-general, or by the brigade- 
 major, by his order.) 
 For a general court-martial, the adjutant-general shall Duty of adju- 
 
 detail and .notify all gene ral officers, and apportion the taiu -^'' onil > m 
 .i* * c 1-1 case 01 a gencr- 
 
 number ot other officers required, to the several brigades a i court-mar- 
 
 they are to be taken from ; and give notice thereof to Hal- 
 the respective division inspectors, or brigade-majors, who 
 shall detail and notify said officers, and return make to 
 the adjutant-general's office. In a division court-mar- Duty of divS- 
 tial, the division-inspector, or an aid-de-camp, under the ["'"aseof a*^' 
 direction of the major-general, ordering said court, shall division court- 
 detail and notify the general officer or officers, and appor- martial. 
 tion the other officers to each brigade, and give notice 
 thereof to the respective brigade-majors, who shall detail 
 and notify the field officers, required of their brigades, 
 and return thereof make, to the office of the maior-gcne- 
 ral ordering said court. For a brigade court-martial, the Duty of bri- 
 bngade-ma or shall detail and notify the field officers re- gade-major, in 
 quired to serve on said court, and apportion to the several ^ e cour t. 
 regiments, in said brigade, the numbers of captains and martial, 
 subalterns of each regiment, and notify the respective 
 adjutants ; and the adjutants of each regiment shall de- 
 tail and notify them, and return thereof make to the bri- 
 gade maior ; and if the officer to be tried be a general of- Officer accas- 
 ficer, he shall be furnished with a copy of the order for n ished w jth 
 aid court, and a copy of the charges in arrest, by the ad- copies, 
 jutaut-general, or a division or brigade inspector, as the 
 captain-genera! shall direct, thirty days before the sitting 
 of said court, inclusive ; who shall also make return 
 thereof, with the names of the officers composing the 
 court, to the judge-advocate of the court ; and if he be 
 of, or under, the rank of a field officer, he shall be fur- 
 nished with like copies, twenty days before the sitting of 
 the court, inclusive, by a brigade-inspector, or adjutant 
 of the regiment to which the arrested officer belongs, as 
 the officer ordering the court shall direct, who shall re- 
 turn the same, and the names of the officers composing 
 the court, to the judge-advocate of the court ; and it shall Judge-auVo- 
 be the duty of the said judge-advocate, to summon, or Jjjj SitnSwJs 
 cause to be summoned, such witnesses on the part of the f or the state, 
 state, as may be necessary, by subpoena, signed by the 
 officer ordering the court, or the president thereof, or the 
 said judge-advocate ; and the accused shall be entitled Accused cnti- 
 to the like process, to enable him to procure the attend-
 
 ,304 
 
 Title 68. Militia. 
 
 Members of 
 the court, how 
 detailed. 
 Charges in ar- 
 rest, how made 
 out. 
 
 Oath of the 
 members of 
 the court. 
 
 Other oaths, 
 how adminis- 
 tered. 
 
 Judge-advo- 
 cates, how ap- 
 pointed ; 
 
 their duty ; 
 
 and oatu ; 
 
 by whom to be 
 administered, 
 and certified. 
 
 When a judg6- 
 advocate of art 
 adjoining coun- 
 ty may offi- 
 ^iate. 
 
 arice of his witnesses, which process may be served by the 
 judge-advocate, or by any disinterested person, by him 
 deputed. The members to compose the court, shall be 
 detailed by seniority, in a regular rotation of duty ; and 
 all charges in arrest, shall be made out in due form, by 
 way of Complaint, and signed by the party complaining, 
 addressed to the officer whose duty it is to order the 
 court ; specifying the act or neglect, of which the accus- 
 ed is supposed to be guilty, and praying due process, be- 
 fore said officer shall order a court-martial, for the trial of 
 the accused officer. The members of the court, before 
 they enter upon the trial of any person accused, shall 
 take the following oath, to be administered by the judge- 
 advocate.j to wit \ " You swear, that you will truly try 
 and determine, according to the evidence given in court, 
 the matters depending between this state, and the offi- 
 cer or officers now to be tried ; that you will not divulge 
 the sentence of the court, until the same shall have been 
 approved or disapproved, pursuant to law ; neither will 
 you, at any time, disclose the vote or opinion of any mem- 
 ber of the court, unless required by due course of law : 
 So help you Got/." All other oaths, which it may be ne- 
 cessary to administer, during the court, may be adminis- 
 tered by any general or field officer, or by the judge ad- 
 vocate. 
 
 SECT* 41. There shall be appointed, and commissioned, 
 by the captain-general, for each county, a judge-advocate, 
 who shall do the duties of that office, in all courts-martial 
 assembled and held in the county, for which he is ap- 
 pointed ; who shall take the following oath, to wit ; 
 " You swear, that you will not, at any time whatever, dis- 
 close the vote, or opinion, of any member of any court- 
 martial, in which you may be called to act, unless requir- 
 ed, by due course of law ; nor divulge the sentence of any 
 such court, till the same shall have been approved or dis- 
 approved, pursuant to law ; and that you will, faithfully 
 and impartially, do the duty of judge-advocate, according 
 to your best abilities : So help you God." Which oath 
 may be administered by any judge, or justice of the 
 peace, and a certificate thereof shall be made, by such 
 judge or justice, on the commission of the judge-advocate, 
 sworn as aforesaid ; and the judge-advocate, so appointed 
 and sworn, shall hold his office, during the pleasure of the 
 captain-general. Whenever the judge-advocate of the 
 county, by reason of interest, or relationship to any offi- 
 cer to be tried, sickness, or any other cause, cannot act 
 in any court martial to be assembled and held in the 
 county, to which he belongs, the officer ordering the
 
 Title 68. Militia 305 
 
 fcourt, may designate and order the judge-advocate of any 
 adjoining county, to officiate in said court-martial. 
 
 SECT. 42. If, on trial, the accused shall except against Exception to 
 any one or more of the members of the court, he shall I " embers f 
 state the ground of his objections, and if it appear to the 
 court sufficient, the member or members objected to, shall 
 leave their seats ; and if the number remaining be less 
 than nine, the court shall be adjourned for a reasonable 
 time, that the officer appointing the court, may detail 
 others, to supply the place or places of such members. 
 And no court-martial shall order any other punishment, Limitation of 
 than a fine, not exceeding one hundred dollars, and repri- Celnaict^d 'b 
 mand, or either ; or a fine not exceeding one hundred a court-martial, 
 and fifty dollars, and cashiering, with disability of holding 
 any military office in the state, or either of those punish^ 
 ments ; and two thirds of every court shall concur in 
 every sentence. N And in case an officer under arrest, Arrested offi- 
 shall refuse or neglect to attend a court-martial, accord- a^end^o'lfe 10 
 ing to orders and notice given him, he shall, by said court, fined and cash- 
 be sentenced to pay a fine, not exceeding two hundred iered. 
 dollars, and be cashiered, with disability of ever holding 
 any military office in this state, unless prevented by sick- 
 ness, or some other reasonable cause, in which case, the 
 court shall have power to adjourn, and notice thereof 
 shall be given, by the judge-advocate, to the arrested offi- 
 cer, at least ten days before the day to which the court 
 is adjourned. And the fines imposed by said courts-mar- Fines, &c. bo\r 
 tial, shall be to and for the use of this state, and shall be 5?"^ e d d " d 
 collected by a warrant, under the hand of the president 
 of the court, directed to a sheriff, or some other proper 
 
 officer, and be by him paid to the state treasurer. And in Warrants for 
 i i ef L 11 i. j j t fines, inc. t& 
 
 ail cases in which a tine or costs shall be awarded, by a t, e s i gne d by 
 
 court-martial, and the sentence of such court shall be the president 
 approved, and the president of such court shall die, be or next officer 
 discharged or promoted, without having issued a warrant 
 for such fine or costs, it shall be the duty of the member 
 of said court remaining next in rank to said president, to 
 issue such warrant. 
 
 SECT. 43. If any witness, duly summoned, shall refuse Witnesses re- 
 to obey such summons, he shall be committed to gaol, in ["n"^^^^ 
 the county where he lives, by warrant from the president prisoned, 
 of the court, directed to a sheriff, his deputy or a consta- 
 ble, within their respective jurisdictions, there to be held 
 at his own expense, until he will conform, and give evi- 
 dence in the case, or be discharged by due course of law. 
 And all witnesses, summoned on the part of the state, and 
 the judge-advocate for summoning them, shall, for travel Fees of wit- 
 and attendance, have the same fees as are allowed in civil n 
 causes, to be taxed by the president of the court ; which
 
 Title 68. Militia. 
 
 bow paid. 
 
 Fees of mem- 
 bers of the 
 court. 
 
 Room-rent, &c, 
 
 Compensation 
 of the judge- 
 advocate for 
 copies, &c. 
 
 Sentence to be 
 approved, or 
 disapproved, 
 by the cap- 
 tain-general. 
 
 Record to be 
 deposited in 
 secretary's 
 office. 
 
 Liability of 
 persons re- 
 moving into 
 this slate. 
 
 Fire-men, how 
 far liable. 
 
 What officers 
 shall do duty 
 on horse-back. 
 
 What, on foot. 
 
 An officer de- 
 tached, being 
 removed, fee. 
 another officer 
 to be detached 
 in his stead. 
 
 expenses shall be paid to the judge-advocate, by the state, 
 and when received, be, by him, paid over to the persons, 
 to whom the money is due. And if the sentence of the 
 court is against the accused, and the same shall be duly 
 approved, the said expenses shall, by warrant under the 
 hand of the president of the court, directed in manner 
 aforesaid, be collected of the delinquent, and paid into 
 the state treasury. And the members of said court 
 shall be allowed nine cents per mile, for travel to and 
 from the place of holding said court, and one dollar 
 per day, for each day during its sitting ; and there shall 
 be allowed to the person, in whose house the court is 
 holden, not exceeding two dollars per day, in full of 
 room-rent, fire-wood, and candles ; and a bill of the same 
 being taxed and signed, by the president, shall be paid 
 from the state treasury ; and the judge-advocate shall be 
 allowed twenty-five cents for every legal page of the 
 copy of the proceedings, and record of the court-martial, 
 to be taxed and paid in the same manner. The senten- 
 ces of courts-martial shall be approved, or disapproved, by 
 the captain-general, who shall also have the power of 
 mitigating, or remitting, any punishment, awarded by the 
 sentence of any court-martial, when such sentence shall 
 have been approved ; and the record of the proceedings 
 and sentence of courts-martial, in every case, with the 
 order approving or disapproving the same, shall be de- 
 posited in the office of the secretary of state. 
 
 SECT. 44. Every person who shall remove from any 
 other state, into this state, shall be liable to do duty in 
 the militia thereof, at the same time, and in the same 
 manner, as if he removed from the limits of one company 
 into those of any other, within this state. 
 
 SECT. 45. No person liable to perform military duty, 
 in any enlisted company, and no person under thirty 
 years of age, shall be exempted from doing military duty, 
 by serving as a fire-man, in any company, constituted to 
 conduct and work a fire-engine. 
 
 SECT. 46. All general officers and their staff, the adju- 
 tant-general, the quarter-master-general, and his assist- 
 ants, the commissary-general, and his assistants, the pay- 
 master-general, all field officers, and adjutants, and 
 quarter-masters, shall do duty on horse-back ; chaplains, 
 pay-masters and surgeons, may, on days of general re- 
 view, appear on horse-back ; and all other officers of in- 
 fantry, artillery, and rifle-men, shall do duty on foot. 
 
 SECT. 47. If any person holding a commission in the 
 militia of this state, and detached to hold himself in rea- 
 diness for service, by virtue of an act of the United States, 
 has been, or, during the period for which the detach-
 
 Title 68. Militia. 307 
 
 rnent is made, shall be, removed by death, disabled, pro- 
 mote'd, or discharged from such detachment, the com- 
 mander in chief of the militia, shall have authority to 
 cause some other proper officer of the militia, to be de- 
 tached to serve in the stead of the officer so removed, 
 disabled, discharged, or promoted. 
 
 SECT. 48. Whenever colors shall be wanting in any Colors, how 
 regiment, they shall be furnished by the quarter-master- ^ befi * n ^*" 
 general, with the approbation of the captain-general, up- 
 on application being made for that purpose, by the com- 
 mandant of the regiment. 
 
 SECT. 49. If upon any reorganizations of the militia, or Supemumera- 
 reduction of any corps thereto belonging, there shall be r y officers to 
 supernumerary officers, they shall not be considered as ra^ 11 ^* 1 ' 
 dismissed, but shall retain their rank, be considered in 
 the line of promotion, and be liable to fill any vacancies 
 that may happen, at the discretion of the captain-gene- 
 ral. 
 
 SECT. 50. The commanders of the several companies Companies of 
 of guards, are hereby authorized, with the approbation guards, how 
 of the captain-general, to enlist men from time to time, e 
 to fill their companies, from any of the battalion compa- 
 nies ; and said commanders of the guards, are hereby sev- 
 erally empowered to enlist, from time to time, as may be 
 necessary, from any of the militia companies, suitable 
 persons to be musicians for their companies, respectively; 
 but no enlistment shall be thus made, from any militia 
 company, of any person appointed and acting as a musi- 
 cian in such company. 
 
 SECT. 51. The commanding officer of any company of Commander of 
 guards, shall have power to order the musicians, or any r( j er mus 
 part of them, belonging to his company, to assemble at cians to assem- 
 such times and places as he shall direct, for practice and b. !e fo r P rac " 
 instruction, not exceeding, together with the number of 
 days such musicians shall be called to do duty with their 
 company, the whole number of days which said company 
 may, by law, be called out for company exercise ; and if 
 any musician shall neglect or refuse to obey such order, 
 he shall be liable to the same fine as is, or shall be. pro- 
 vided by law, for non-attendance on days of ordinary 
 company exercise ; and such musician shall have the 
 same right to appeal, as is given to him by law in other 
 cases. 
 
 SECT. 52. The commanding officer of any company o 
 guards, is hereby authorized and empowered, to dismiss guar( j g , 
 from his company every non-commissioned officer, musi- 
 cian and private, belonging thereto, who shall be guilty 
 or gross neglect of duty, disobedience of orders, or unsol- 
 dier-like behavior ; and thereupon, the person so dsmis-
 
 308 
 
 Title 69. Mitts. 
 
 Power of the 
 captain-gen- 
 eral in relation 
 to uniform ; 
 
 badges ; . 
 the discharge 
 
 rank of regi- 
 ments ; 
 
 rank of compa- 
 nies ; 
 
 local limits of 
 companies ; 
 
 delegation of 
 authority to 
 generals, fcc. 
 
 Co ies f 
 turns to belaid 
 before the le- 
 
 Secretary to 
 
 general of ap- 
 ppiDtments,kc, 
 
 D . ,. ,, 
 
 Kates of toll 
 
 regulated. 
 
 sed shall be liable to do military duty in the same man- 
 ner, as if he had never enlisted into such company of 
 guards ; and upon notice of such dismission, by the officer 
 giving the same, to the commanding officer of the militia 
 company, within the limits of which the person so dismis- 
 sed, shall reside, it shall be the duty of such commanding 
 officer, to cause such person to be enrolled in his compa- 
 ny, immediately. But if any such non-commissioned of- 
 ficer, musician, or private, shall be aggrieved, by being 
 dismissed as aforesaid, he may, within thirty days, after 
 receiving notice of his dismission, appeal to the captain* 
 general, who is hereby authorized to examine into the 
 matter, and finally to annul or confirm such dismission, 
 SECT. 53. The captain-general is hereby fully author- 
 
 j zc( j an( j empowered, to establish uniforms for such corps, 
 
 , ./. - LV i_ i j- 
 
 as nave not an unnorm established according to law ; to 
 
 make such alterations in the uniform dress of the flank 
 companies of infantry, as from time to time he may deem 
 expedient; to designate badges for all officers of the mi- 
 jj^ a? wn j, c h badges, and none other, shall be worn by such 
 officers, when in uniform, and on duty ; and he is hereby 
 ^ u ^7 authorized to discharge commissioned officers, stafH 
 officers and sergeants ; to settle the rank of regiments, 
 a * * ne time f forming them, and number the same ; to 
 settle the rank of companies in each regiment, at the time 
 of forming them, and number the same ; to alter the local 
 limits of companies, and to form and reduce companies. 
 as the interest of the militia may require, consistently 
 with the laws of this state, and of the United States ; to 
 delegate to major-generals and brigadier-generals, the 
 p Ower to dismiss officers : and, generally, to exercise all 
 * ne P owers necessary to carry intp effect, the provisions 
 of this act. And he is requested to cause official copies 
 of the annual and inspection returns of the militia, to be 
 k"^ Before tne legislature, at their session in May. an- 
 nually. 
 
 SECT. 54. It shall be the duty of the secretary of this 
 
 state ' witnin one w ^ ek after the risin g of the general as- 
 sembly, to make a return to the adjutant-general, of all 
 such general or field officers, as shall have been discharg- 
 ed or Appointed, at such session. 
 
 TITLE 69. Mills. 
 An Act concerning Mills and Millers. 
 
 E it enacted by the Senate and House of Rep* 
 
 * r> i a n J 
 
 _ resentatives m General jJssemoly convened. 
 r*. , iiir j i_ L u 
 
 -i bat any miller, may take as toll, tor grinding each bushr 
 
 el of Indian corn, three quarts thereof; for breaking and 
 
 SECT. 1.
 
 Title 70. Newgate. 309 
 
 grinding each bushel of Indian corn in the ear, four 
 quarts thereof; and for grinding each bushel of other 
 grain, except malt, he may take two quarts thereof ; and 
 for grinding each bushel of malt, he may take one quart 
 thereof, and no more; and for grinding each bushel of 
 provender, composed of different kinds of grain, two 
 quarts thereof; and for bolting each bushel of meal, he 
 may take one pint, and no more. 
 
 SECT. 2. If any miller shall take or receive a greater Penalty for 
 fee, or toll, for grinding or bolting, than is herein allowed {ha^fheTe'jraf 
 ;md stated, he shall forfeit and pay the sum of two dollars, rate of toll, 
 for each time he shall be found guilty thereof, one half 
 to him who shall sue for the same to effect, and the other 
 half to the treasurer of the town, where the offence shall 
 be committed. 
 
 SECT. 3. And there shall be provided for each grist- Sealed meas,- 
 mill, by the owner or owners thereof, the following seal- vkiecKor each 
 ed measures, to wit : one of a pint, one of a quart, and mill, 
 one of two quarts, for toll measures ; with an instrument 
 to strike the same ; and the measures shall always be 
 striken, when toll is taken for the grinding or bolting of 
 grain, at a mill. 
 
 TITLE 70. Negate. 
 An Act concerning Newgate Prison. 
 
 1 TTJE ^ ena cte,d by the Senate and House of Rep- 
 _U resentatives, in General Assembly convened, 
 
 That the cavern, land, buildings and appurtenances be- Newgate prison 
 , in Granby, called Newgate Prison, work-hou^e 
 
 longing to this state, 
 
 shall be and remain a public gaol and workhouse, for the and prison, feu- 
 use of this state, and shall be kept and maintained in good tne state - 
 and sufficient repair, at the expense of this state. Overseers 
 
 SECT. 2. There shall be three overseers of said prison, 
 appointed from time to time, by the general assembly, as 
 there may be occasion ; who are authorized and empow- Keeper of the 
 ered to appoint a master or keeper of said prison, as of- prison. 
 ten as may be necessary ; which master or keeper shall 
 be subject to be removed, at the pleasure of said over- 
 seers ; and said master or keeper shall be assisted with Guar<J - 
 such number of men, not exceeding twenty including of- 
 ficers, at the discretion of said overseers, in safe-guard- 
 ing said prisoners, and keeping them at hard labor. 
 
 SECT. 3. The master or keeper of said prison, shall f r u ^ relatfon 
 keep all such persons as have been, or shallbe, sent there, to'prisoaers. 
 by warrant from lawful authority, to such labor as they 
 
 II
 
 Title 
 
 Newgate. 
 
 to overseers. 
 
 Duty of over- 
 seers. 
 
 shall be capable of doing, and as shall be directed by said 
 overseers, for such time as they shall be sentenced to re- 
 Powerofin- main therein ; and may confine them at their labor, 01 
 melrt? PUf " P""sh them, by putting fetters and shackles on them, and 
 by moderate whipping, not exceeding ten stripes for any 
 one offence ; which punishment may be inflicted, in case 
 they be stubborn or disorderly, or do not well and faith- 
 fully perform their task, as they shall be reasonably re- 
 quired, or in case they shall not submit to such rules and 
 orders as shall be, from time to time, established, for the 
 well-ordering and governing of the same. 
 
 Keeper to ren- SECT. 4. The master or keeper shall, whenever requir- 
 der his account e( j by said overseers, render his account to them, of the 
 
 7 n f\ \i n to o o i*a _ _ ^ ' 
 
 labor and earnings ol such prisoners, and for the materi- 
 als which lie shall receive, to be wrought by said prison- 
 ers, or any persons employed with them, and pay and de- 
 liver to said overseer the amounts thereof. 
 
 SECT. 5. The overseers for the time being, shall pro- 
 vide for such prisoners necessary and suitable food and 
 clothing, and also such tools, implements and materials 
 as shall be proper for employing and keeping such pris- 
 oners to work ; and shall also provide for the relief of 
 any sick or weak prisoner, and shall be paid for the 
 same, out of the earnings of said prisoners, if the same be 
 sufficient, and if not, the surplus shall be paid out of the 
 treasury of the state. And said overseers for the time 
 being, are empowered and directed to dispose of the pris- 
 oners committed to said prison, when not employed in 
 labor, in the caverns, in the apartment called the stone 
 prison, and in the house called the upper prison, either 
 by classes, or in solitary cells, as, in their opinion, will 
 most conduce to the order and safety of said prison, to 
 limit the influence of bad examples and counsels among 
 the prisoners, and to promote their return to the practice 
 and habits of virtue ; and it shall be the duty of said 
 overseers to confine such sick prisoners, as from time to 
 time may need special attention, in the building called 
 the, hospital. 
 
 SECT. 6. The overseers shall keep true accounts of 
 - their conduct in that capacity, and shall, annually, in the 
 
 ly- month of May, settle and adjust said accounts with the 
 
 comptroller of this state, or with such other person or 
 persons as the general assembly may, from time to time, 
 appoint for that purpose, and oftener, if they shall be 
 
 To make rules thereto required. And said overseers shall and may 
 
 lor governing , ,, 
 
 prisoners. make all necessary rules and orders for governing such 
 persons as may be committed to said prison ; and such 
 rules and orders shall be offeree, and shall be duly exe- 
 cuted. And said overseers, in their own name, as over- 
 
 Overseers to 
 
 settle their ac-
 
 Title I'd, Newgate. 311 
 
 *eers, may institute, and prosecute to final judgement, in Overseers may 
 
 any court of law or equity, any suit or suits, for the re- s " e '" l ^ eir 
 ,. ,, 11. ' i 1-11 f, o\vu name, 
 
 covery ot the debts now due. or which hereaiter may be 
 
 due and accruing to said overseers, on any contract made 
 in relation to the concerns of said prison. 
 
 SECT. 7. The overseers shall be. and they hereby are TO make rules 
 authorized and directed to make such rules and regula- for governing 
 tions for the government and punishment of the guard. the & uard - 
 is they shall judge proper: provided that no punishment Proviso, limif- 
 -hall be inflicted on any of them, by force of such reimla- Ing P unisll ~ 
 
 J J nient. 
 
 tions, except amercement, and to an amount not exceed- 
 mg three months' wages, and their cloathing supplied by 
 the state : and also, to make such rules and regulations, Rules relative 
 relative to spectators, and others, who may be admitted lo & P ectators - 
 within the piquets, or who shall be found lurking without 
 the piquets, as the case may require ; and to enforce 
 such regulations, by rendering the offenders liable to be 
 apprehended, to be put under guard, to be turned out of 
 the prison-yard, and secluded from the environs of the 
 prison, or in case of obstinacy, or apparent design* of as- 
 sisting the prisoners to escape, either by force or fraud, 
 to be confined in any suitable apartment of the prison, 
 except the caverns, until they can be otherwise disposed 
 of according to law ; provided, that no person, so confin- 
 ed, shall be held in confinement, by virtue of such regu- 
 lations, for any alleged breach thereof, for a longer peri- 
 od than twenty-four hours. 
 
 SECT. 8. If any prisoner, at, or after the time of con- In what cases, 
 rinement for which he was sentenced, shall be retained in jj^^for cosls 
 prison, solely on account of the costs of prosecution, and may bedis- 
 such prisoner, in the opinion of said overseers, shall be charged, 
 unable to satisfy said costs, and it shall appear to said 
 overseers, that he has conducted well during the period of 
 his confinement, or if he shall be unable to labor, the mas- 
 ter or keeper of said prison.by the consent and advice 
 of the overseers, shall be, and hereby is authorized to 
 accept the note of such prisoner, for the amount of said 
 costs, payable to the treasurer of this state, for the time be- 
 in^, and thereupon to discharge said prisoner from con- 
 finement. But if such prisoner, in the opinion of said 
 overseers, has not conducted well, during the period of 
 his confinement, and shall be able to labor, said overseers 
 may direct the master or keeper of the prison to hold him or held in ser 
 in service, within said prison, and for such term as may vice, 
 be limited by said overseers, to pay said costs ; who are 
 directed to allow such prisoner customary journeyman's 
 wages for like services and the master or keeper ot the 
 prison shall have power to confine such prisoner at his
 
 312 
 
 Title 7 1 . Motes and Bills. 
 
 Expenses of re- 
 caption, after 
 escape, to be 
 added to ori- 
 ginal costs. 
 
 Newgate prison 
 may be used for 
 United States' 
 prisoners. 
 
 Keeper and 
 guard protect- 
 ed from arrest 
 on civil pro- 
 cess. 
 
 Proviso, as to 
 
 discharging 
 
 them, 
 
 Proviso, as to 
 statute of limit- 
 ations. 
 
 labor, so far as the safe-keeping of the prisoners, in gener- 
 al, may demand. 
 
 SECT. 9. If any prisoner shall make his escape, and 
 shall be retaken, and recommitted, the necessary expen- 
 ses of pursuit and recommitment, to be allowed by the 
 overseers, shall be added to the original costs of prosecu- 
 tion, and be subject to the provisions of law relating to 
 said original costs ; and in every case of recommitment, 
 the time elapsed between the escape and recommitment, 
 shall not be computed as part of the term of imprison- 
 ment for which such prisoner is sentenced. 
 
 SECT. 10. Newgate prison may be used, under the 
 authority of the United States, for the purpose of confin- 
 ing and safe-keeping any prisoner or prisoners, who may 
 have been, or hereafter may be, sentenced to imprison- 
 ment and labor, in any court of the United States, within 
 the district of Connecticut, for the violation of any act 
 or acts of the congress of the United States : Provided 
 always, that the expense of supporting and confining such 
 prisoner or prisoners in said newgate prison, shall, in all 
 cases, be paid by the United States. 
 
 SECT. 11. The master or keeper of new-gate prison, 
 and the officers and privates of the guard under his com- 
 mand, shall not be liable to arrest and imprisonment on 
 mesne process, or execution, in any civil suit, for and 
 during the period of their respective service at said prison. 
 Provided nevertheless, that whenever a demand shall be 
 made against any such master, officer or private, to the 
 amount of fifty dollars, it shall be the duty of the overseers 
 of said prison, if, on enquiry, they shall be satisfied that 
 such demand is bonajide, and not arising from fraud or 
 collusion, to discharge such officer or private, as soon as 
 the safety of the prison will admit. Provided also, that 
 no statute of limitation shall run in favor of such master, 
 officer or private, during the period of his service at said 
 prison. 
 
 TITLE 7 1 . Motes and Bills. 
 
 What notes 
 shall be nego- 
 tiable 1 ; 
 
 An Act concerning Promissory Notes and Bills 
 of Exchange. 
 
 .. 
 
 T3 
 
 J_3 
 
 enacted, by the Senate andHouse of Rep- 
 resentatives, in General Assembly convened, 
 That all promissory notes, duly executed, to the amount 
 of thirty-five dollars, or more, for the payment of money 
 only, and made payable to any person or persons, or his,
 
 '1 'itk 1 1 . Notes and Bills. 3 1 3 
 
 'tier or their order, or to the bearer, shall be assignable 
 and negotiable, according to the custom of merchants, 
 and the law relating to inlalid bills of exchange : Provid- 
 ed, that nothing in this act contained shall be construed Proviso, as to 
 to vary the jurisdiction of the court, in relation to the >V risdiction ot 
 maker of such promissory note ; and provided also, that 
 this act shall not be construed to authorize any person 
 or persons, to issue bills of credit, to be used as a gener- 
 al currency, or medium of trade, in lieu of money. as l ?. bllls oi 
 
 SECT. 2. Whenever any bill of exchange, hereafter to 
 be drawn or negotiated within this state, upon any person i n what cases 
 or persons, of, or in any state, territory, or district of the damages shall 
 United States, shall be returned unpaid, and shall have be P e >' able 
 been duly protested for non-payment, in the manner 
 usual in cases of foreign bills of exchange, the person or 
 persons to whom the same shall or may be payable, shall 
 be entitled to recover and receive of and from the draw- 
 er or drawers, or the endorser or endorsers, of such bill 
 of exchange, the damages hereafter specified, over and 
 above the principal sum for which such bill of exchange 
 shall have been drawn, together with lawful interest on 
 the aggregate amount of such principal sum and damages, 
 from the time at which notice of such protest shall have 
 been given, and the payment of the said principal sum and 
 damages shall have been demanded ; that is to say, if such 
 bill shall have been drawn upon any person or persons of, 
 or in the city of New-York, in the state of New-York, 
 two per cent upon the principal sum specified in such Rates of dam- 
 bill ; if upon any person or persons of, or in the states of aes 
 New-Hampshire, Vermont, Maine, Massachusetts, Rhode- 
 Island, New- York, (excepting the city of New- York.) 
 New-Jersey, Pennsylvania, Delaware, Maryland or Vir- 
 ginia, or of or in the district of Columbia, three per cent 
 upon such principal sum; if upon any person or persons 
 of or in the states of North-Carolina, South-Carolina, 
 Ohio, or Georgia, five per cent upon such principal sum ; 
 or if upon any person or persons of or in any other state, 
 territory, or district of the United States, eight per cent 
 upon such principal sum ; such damages, so to be recov- 
 ered and received, to be in lieu of interest, and all other 
 charges, to the time at which the notice of such protest Damage, what 
 and demand of payment as aforesaid shall have been In lieu of> 
 made and given as aforesaid ; and the amount of such bill, 
 and the damages payable thereon, as above specified, 
 shall be ascertained and determined without any refer- 
 ence to the rate of exchange existing at the time of such How acertai- 
 notice and demand of payment as aforesaid.
 
 
 314 Title 72. Nuisances. 
 
 dmited as be SECT * 3 * Protes " ts of inland bills of exchange and pro 
 prima facile v- m issory notes, protested without this state, shall be ad- 
 fdence. mitted as prima facie evidence of the facts therein con~ 
 
 tained. 
 
 TITLE 72. Nuisances. 
 
 An Act to prevent and remove Nuisances in 
 Highways, Rivers, and Water-courses. 
 
 1 JK^ lt enacie d ty the Senate and House of Rep- 
 JLP resentatives, in General Assembly convened, 
 
 What shall con- That if any person or persons shall lay, or cause to be 
 
 stitute a nut- i j i i i 
 
 sance. laid s in an J ni ghway, stones, trees, timber, wood, rubbish, 
 
 or any other thing, or shall dig up the ground, or shall set 
 
 up any gates, bars, rails or fence across such highway, or 
 
 erect any buildings therein, by which the passage of trav- 
 
 ellers shall be obstructed, prevented, or endangered, or 
 
 such highway annoyed, or in any way incumbered, the 
 
 same shall be deemed a common nuisance, and it shall be 
 
 lawful for any person or persons to remove them as such ; 
 
 Penalty. an( j every person so offending, shall forfeit the sum of 
 
 four dollars, one half to him who shall prosecute to effect, 
 
 and the other half to the treasury of the town where the 
 
 offence is committed : and the court before whom a con- 
 
 Removal of viction is had, shall order the defendant to remove such 
 
 nuisances. nuisance within thirty days, and on failure thereof, the 
 
 same shall be removed, by any constable of the town,, at 
 
 the expense of the defendant ; and such court may ascer- 
 
 tain and tax such expense, and issue an execution for the 
 
 Proviso. same : provided, that this act shall not be construed to 
 
 extend to turnpike gates, buildings and fences, authorized 
 
 to be erected by the general assembly. 
 
 Encroach- SECT. 2. If any person has, within the space of fifteen 
 
 ments on high- years prior to the first day of June, one thousand eight 
 moved **" hundred and nine, or since that time, taken, or shall 
 take any part of a highway into his field or inclosure, 
 or erect any fence thereon, in such manner that said high- 
 way is made narrower than before, the select-men of the 
 town wherein the offence is committed, or a committee 
 appointed by the town for that purpose, (and every town 
 is hereby authorized to make such appointment,) are di- 
 rected and empowered to give notice or warning to the 
 person or persons so offending, to remove such fence or 
 encroachment, within a reasonable time, not exceeding 
 one month after such notice ; and if they neglect to re- 
 move such fence or encroachment, then the select-men, 
 or committee, shall remove the same, and shall have right,
 
 Title 72. Nuisances. 
 
 in a proper action, to recover the expense thereof, from 
 the person or persons making such encroachment. 
 
 SECT. 3. If the person who erected the encroachment Penalty for 
 30 removed, shall take in, by a fence, the same, or a re P ea t'ng the 
 greater or less part of the highway, where his fence has offence 
 been removed as aforesaid, he shall incur the penalty of 
 seven dollars, for every such offence, as often as repeat- 
 ed, one half to the select-men, or committee, who gave 
 the warning and removed the fence, and who shall prose- 
 cute to effect, and the other half to the treasury of the 
 county where the offence is committed ; and where the 
 prosecutions is against the owner of the inclosure into 
 which the highway is taken, he shall be deemed guilty 
 thereof, on proof that part of the highway has been so in- 
 closed, unless he can satisfy the court, that it was not 
 done by him, or by his procurement or consent. And 
 when such fence has once been removed, it shall be law- 
 ful for the select-men, or committee, to remove it, as of- 
 ten as it shall be erected again, without further notice or 
 warning. 
 
 SECT. 4. If any person or persons shall dam, stop or Obstructing or 
 obstruct any river, brook, stream, or run of water, or di- dlvertID 8 wa - 
 vert the same from its natural course, to the prejudice dYdw- 
 of any person, without liberty from the town, where such sance. 
 town has a right to grant it,) such obstruction shall be 
 deemed a common nuisance, and may be removed as 
 such ; and the person or persons so offending, shall forfeit 
 and pay one dollar per week, for every week such nui- Penally, 
 sonce shall continue, one half to him who shall prosecute 
 to effect, and the other half to the town treasury where 
 the offence is committed. Provided, that this act shall Proviso-, as to 
 not be construed to extend to any dam for a mill or oth- 
 er use, whereby no special damage accrues to any person : 
 and if any person or persons shall remove, break, or in- & 
 jure a mill-dam as a public nuisance, and in an action 
 brought for the same, it shall appear not to be a public 
 nuisance, he or they shall pay to the party aggrieved 
 double damage and double costs. Provided also that this f . r *> as to 
 act shall not be construed to extend to any right claimed " s * yus 
 by use and possession for fifteen years, agreeably to the 
 principles of the common law. 
 
 SECT. 5. No person shall, from any ship, vessel or boat, Ballast not to 
 cast out any ballast, or other heavy material, into any a ^ ^"op 1 * 
 channel, or other place, that will obstruct or incommode harbor, 
 the navigation of any river or harbor within the state, 
 Upon the penalty of forfeiting seventeen dollars to the Penalty. 
 use of the town where the offence is committed. 
 
 SECT. 6. No person or persons shall cast, or cause to What obsfrnc- 
 be cast, into Connecticut river, any baljast, or other *'
 
 316 
 
 Title 73. Oat it*. 
 
 necticut river, heavy materials, from any ship, vessel, or oilier walcr- 
 
 shallconsti- cra ft nor s ink, nor cause to be sunk, in said river, any 
 tute a nui- . . . . J 
 
 sance.' stone or limber, or other materials, ior the purpose oi 
 
 obstructing the water, or turningit from its natural course, 
 or for the purpose of making any island or islands in said 
 river, or increasing the magnitude of such as have been 
 formed : and every person so offending shall be deemed 
 to be guilty of a nuisance, and, on conviction, shall be 
 sentenced to pay the expense of removing the same, and 
 shall further be punished by fine, at the discretion of the 
 court, not exceeding five hundred dollars : Provided, that 
 rights 8 certa ' n this act shall not be construed to impair any right or privi- 
 lege, granted, by act of assembly, to the Union Company ; 
 or the right of wharfing, already vested in individuals; 
 or the right of securing the lands of proprietors adjoining 
 the river. 
 
 Punishment. 
 
 Proviso, pro- 
 
 TITLE 73. Oaths. 
 
 An Act prescribing the forms of certain Oaths. 
 to be used in this State. 
 
 SECT. 1 
 
 !E it enacted by the senate, and House of Rep- 
 resentatives in General Assembly convened, 
 Forms of oaths That the several forms of oaths herein prescribed, be and 
 ; r the same are hereby established, to be taken by, and ad- 
 ministered to, the several and respective officers and per- 
 sons, for whom they are appointed, as follows, to wit : 
 
 Electors. 
 
 Examiners of 
 electors. 
 
 For Electors. 
 
 SECT. 2. You A. B. do solemnly swear, or affirm, as 
 the case may be,) that you will be true and faithful to the 
 state of Connecticut, and the constitution and government 
 thereof, as a free and independent state, and to the con- 
 stitution of the United States ; and whensoever you shall 
 be called to give your vote or suffrage, touching any mat- 
 ter that concerns this state, or the United States, you will 
 give it, as you shall judge will conduce to the best 
 good of the same, without respect of persons, or favor of 
 any man : So help you God. 
 
 For Examiners of the qualification 1 ; of Electors. 
 SECT. 3. You do solemnly swear, (or atlirm, as the case 
 may be,) that you will faithfully discharge, accord i 
 law, the duties of the examiners of the qualificatioiiS of 
 tlectors,t o the best of your abilities : So help you God,
 
 Title 73. Oaths. 317 
 
 for the State Treasurer, the Secretary, the Comptroller, Treasurer, 
 
 and for Constables. 
 
 SECT. 4. You do solemnly swear, (or affirm, as the case 
 may be,) that you will support the constitution of the 
 United States, and the constitution of the state of Con- 
 necticut, so long as you continue a citizen thereof; and 
 that you will faithfully discharge, according to law, the 
 duties of the office of , to the best ofyour abilities : 
 
 So kelp you God. 
 
 For Grand-jurors impannelled in court. Grand-juror*. 
 
 SECT. 5. You do swear, by the name of the everliving 
 God, that you will diligently enquire after, and due pre- 
 sentment make, of all breaches of law that shall come to 
 your knowledge, according to your charge -, the secrets 
 of the cause, your own, and your fellows', you will duly 
 observe and keep ; you will present no man from envy, 
 hatred, or malice ; neither will you leave any man un- 
 presented, from love, fear, or affection, or in hope of re- 
 ward ; but you will present cases truly, as they come to 
 your knowledge, according to the bestofyourunderstand- 
 ing, and according to law : So help you God. 
 
 For Petit-jurors in criminal causes. Jurors in crim 
 
 SECT. 6. You swear, by the name of the dverliving inalcau ses. 
 God, that without respect of persons, or favor of any man, 
 you will well and truly try, and true deliverance make, 
 between the state of Connecticut, and the prisoner at the 
 bar, whom you shall have in charge, according to law. 
 and the evidence before you : So help you God. 
 
 For Petit-jurors in civil causes. Jurors in Civil 
 
 SECT. 7. You swear, that you will well and truly try causes - 
 the issue or issues, now to be given you in charge, be- 
 tween the plaintiff and defendant, or plaintiffs and de- 
 fendants, according the evidence given you in court, 
 and the laws of this state, and accordingly a true verdict 
 give ; your own counsel, and your fellows' you will duly 
 observe and keep ; you will speak nothing to any one, 
 of the business or matters you have in hand, but among 
 yourselves, nor will you suffer any one to speak to you 
 about the same, but in court ; and when you are agreed 
 of any verdict, you will keep it secret, till you deliver il 
 up in court : So help you God. 
 
 For a Jury of Inquest. 
 
 SECT. 8. You swear, that you will diligently enquire, 
 and true presentment make, how and in what manner, 
 the person, whose body shall be before you. came to bis 
 
 42
 
 318 Title 73. Oaths. 
 
 death ; and that you will deliver to the next justice of the 
 peace, a true verdict thereof, according to such evidence 
 as shall be given you, and according to your own know- 
 ledge : So help you God. 
 
 Witnesses. For Witnesses. 
 
 SECT. 9. You swear, that the evidence you shall give 
 to this court, concerning the case now in question, shall 
 be the truth, the whole truth, and nothing but the truth : 
 So help you God. 
 
 For Clerks of Superior and County Courts, mutatis mutan- 
 dis. 
 
 SECT. 10. You, A. B. being appointed clerk of the 
 court, do swear, that you will faithfully execute 
 the duties thereof, according to your best skill, and ac- 
 cording to law : So help you God. 
 
 For Clerks of Probate. 
 
 SECT. 11. You, A. B. being appointed clerk of pro- 
 bate, for the district of , do swear, that you will faith- 
 fully execute the duties of said office, according to your 
 best skill, and according to law : So help you God. 
 
 For Town-Clerks. 
 SECT. 12. You, A. B. being chosen to be town-clerk 
 of the town of , do swear, that you will faithfully exe- 
 cute the duties of said office for said town, according to 
 your best skill, and according to law : So help you God. 
 
 Fence-view- For Fence-viewers, Leather-sealers, Gktugers, Grand-ju- 
 ers, fcc. &ic. rors, Sealers of Weights and Measures, Ty thing-men, 
 
 Surveyors of Highways, Inspectors and Surveyors of 
 Provisions, Haywards, Town-Treasurers, Society-Treas- 
 urers, Scavengers, Commissioners of Sewers, fyc. fyc. 
 mutatis mutandis. 
 
 SECT. 13. You swear, that you will faithfully and im- 
 partially, execute the duties of the office of , with- 
 in the limits whereunto you are appointed, for the year 
 ensuing,and until another be chosen in your place, and 
 sworn ; and that you will, in every particular, conduct 
 therein, according to law : So help you God. 
 
 Assessors, &.c. For Assessors, Members of the Board of Rt/ief, and Mem- 
 bers of the Board of Equalization. 
 SECT. 14. You swear, that you will truly, faithfully, 
 and impartially, discharge the trust reposed in you, ac- 
 cording to your best judgment, and according to law : So 
 help you God. \ 
 
 Clerks of su- 
 perior and 
 county courts. 
 
 Clerks of pro- 
 bate. 
 
 Town-clerks.
 
 Title 73. Oaths. 31 g 
 
 For Attornies. Attornies. 
 
 SECT. 15. You swear, that you will do no falsehood, 
 nor consent to any to be done in court ; and if you know 
 of any to be done, you will give information thereof to 
 the judges, or one of them, that it may be reformed ; you 
 will not wittingly or willingly promote, sue, or cause to 
 be sued, any false or unlawful suit, or give aid or consent 
 to the same ; you will delay no man for lucre or malice ; 
 but will exercise the office of attorney within the court, 
 wherein you may practice, according to the best of your 
 learning and discretion, and with fidelity, as well to the 
 court as to your client : So help you God. 
 
 For Society Clerks. Society clerks. 
 
 SECT. 16. You, A. B. being chosen clerk of this soci- 
 ety, do swear, that you will faithfully execute the duties 
 of such clerk, according to your best skill, and according 
 to law : So help you God. 
 
 For Appraisers of Land on execution. Appraisers of 
 
 SECT. 17. You A. B. C. D. c. do swear, that, with- [jjj on execu ' 
 out partiality, prejudice, or any sinister motive, you will 
 appraise the land that may be presented to you, accord- 
 ing to the present, true and just value thereof; to the cred- 
 itor, or creditors, wao are to receive the same, according 
 to your best judgment, and according to law: So help 
 you God. 
 
 For Appraisers of deceased persons' 1 Estates. Appraisers of 
 
 SECT. 18. You, A. B. C. D. &c, do swear, that, with- estates. 
 out partiality, or prejudice, you will justly appraise all 
 such estate, both real and personal, of the deceased J. S., 
 as shall be offered to yow, according to the present, true 
 value thereof in money, and according to your best judg- 
 ment : So helv you God. 
 
 For Distributors of Estates. Distributors of 
 
 SECT. 19. You swear, that you will, according to your es 
 best judgment and discretion, faithfully divide and distri- 
 bute the estate of A. B. deceased, according to his last 
 will and testament, or according to the order of court now 
 given you : So help you God. 
 
 For a Committee to lay out or alter Highways, fyc. Committee to 
 SECT. 20. You swear, that you will, according to your la ? out hi S h ' 
 best skill and judgment, and according to the precept by ' 
 which you are now summoned, lay out the way therein 
 mentioned, with most convenience to the public, and 
 least prejudice to individuals ; and that you will justly
 
 320 
 
 Title 73. Oaths. 
 
 .Tury on high- 
 ways. 
 
 Jury of forcible 
 entry, &c. 
 
 County sur- 
 veyors. 
 
 Gbainnien. 
 
 Commission- 
 ers on insol- 
 vent estates. 
 
 Voir <Jire oath. 
 
 State auditors. 
 
 estimate, to each individual, the damage which may be 
 done to his property thereby : So help you God. 
 
 For a Jury to reassess damages, on an Highway, fyc. 
 
 SECT. 21. You swear, that you will make a just and 
 impartial estimate of the damages, which you are sum- 
 monedto reassess, according to your best judgment : So 
 help you God. 
 
 For a Jury to enquire into Forcible Entry and Detainer. 
 
 SECT. 22. You swear, that you will well and truly en- 
 quire of the forcible entry, or forcible detainer, now com- 
 plained of, and return a true verdict thereof, according to 
 the evidence given you in court : So help you God. 
 
 For County Surveyors. 
 
 SECT. 23. You, A. B. being appointed surveyor of 
 lands in the county of H. , do swear, that you will 
 
 faithfully attend to, and discharge the duties of your said 
 office, without favor, or respect of persons : So help you 
 God. 
 
 For Chainmen, assisting a Surveyor. 
 SECT. 24. You swear, that you will faithfully perform 
 the service to which you are called, as assistants to the 
 surveyor ; and that you will keep a true account of all 
 lines and measures by you taken, and the.same report to 
 said surveyor, at his request, according to your best skill 
 and judgment : So help you God. 
 
 For Commissioners on Insolvent Estates. 
 SECT. 25. You swear, that you will faithfully and im- 
 partially, examine the several accounts and claims of the 
 . creditors of the estate of the deceased A. B. represented 
 insolvent, as shall be presented to you for that purpose, 
 and the evidence relative thereto ; and make a true list 
 of what you find justly due to each of said creditors, and 
 present the same to the judge of probate, according to 
 law : So help you God. 
 
 Voir dire Oath. 
 
 SECT. 26. You swear, that you will well and truly an- 
 swer to such interrogatories, as shall be put to you, under 
 the direction of the court, not immediately relating to the 
 merits of the cause now in question : So help you God. 
 
 For Auditors of State Accounts. 
 
 SECT. 27. You swear, that you will faithfully audit 
 &e accounts of the state, with the treasurer, and render
 
 Title 73. Oaths. 321 
 
 co the general assembly, a true statement of your doings 
 relative thereto, according to law : So help you God. 
 
 For Auditors, in Actions of Account and Book-debt. Auditors of AC- 
 SECT. 28. You swear, that you will faithfully examine tlons> 
 and adjust the accounts referred to you, and award there- 
 on, according to your best skill and judgment : So help 
 you God. 
 
 For Arbitrators and Referees, appointed by Court. Arbitrators 
 SECT. 29. You swear, that you will faithfully adminis- ar 
 ter justice between the parties, in the case submitted or 
 referred to you, according to law, or equity : So help you 
 God. 
 
 For Committees, appointed by -Courts of Chancery. Committees of 
 SECT. 30. You swear, that you will faithfully enquire C 
 into the facts that may be presented to you, and faithfully 
 and truly report the same to the court, pursuant to your 
 appointment : So help you God. 
 
 For Clerks of the House, of Representatives, and of the Clerks of rep- 
 Senate resentatives 
 
 and senate. 
 SECT. 31. You swear, that you will faithfully execute 
 
 the office whereunto you are appointed : So help you God. 
 
 SECT. 32. The ceremony ordinarily to be used, by per- vvhat ceremo- 
 sons to whom an oath is administered, shall be the hold- By tc 
 ing up the right hand, as he has been accustomed ; but 
 when any person, by reason of scruples of conscience, 
 shall object to such ceremony, he shall be permitted to 
 use any proper ceremony to which he has been accus- 
 tomed, in such cases, or such as the court or authority, by 
 whom the oath is to be administered, shall direct. % V 
 
 SECT. 33. Whenever any person, required by law to %^8 affi " na - 
 take the oath prescribed for witnesses, shall decline to ministered. 6 * 
 take it, in the usual form, from scruples of conscience, a 
 solemn affirmation may be administered to him, in the fol- 
 lowing form : You A. B. do solemnly, and sincerely affirm Form of affirm - 
 and declare, that the evidence you shall give to this court, Besses r 
 concerning the case now in question, shall be the truth, 
 the whole truth, and nothing but the truth ; upon the 
 pains and penalties of perjury. And in every other case, 
 an affirmation may be administered in the form of the 
 oath prescribed, except that instead of the word swear, 
 the words solemnly and sincerely affirm and declare shall 
 be used ; and instead of the words so help you God, the 
 words upon the pains and penalties of perjury shall be 
 used. And if any person making such solemn affirma- 

 
 322 
 
 Penalties of 
 perjury incur- 
 red by a false 
 affirmation. 
 
 Title 74. Partnerships Limited. 
 
 tion, shall be lawfully convicted of having wilfully, false- 
 ly and corruptly, affirmed, any matter, which, if the same 
 had been declared under oath, in the usual form, and 
 with the usual ceremony, would have amounted to wilful 
 and corrupt perjury, such person, so offending, shall in- 
 cur the same penalties and forfeitures, as by law are en- 
 acted against wilful and corrupt perjury. 
 
 Limited part- 
 nerships may 
 be formed. 
 
 General part 
 ners. 
 
 Special part- 
 ners. 
 
 Firm. 
 
 TITLE 74. Partnerships Limited. 
 
 An Act authorising limited Partnerships in cer- 
 tain cases. 
 
 SECT. 1. 
 
 Registry. 
 
 E it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened, 
 That limited copartnerships for the transaction of busi- 
 ness, may hereafter be formed according to the directions 
 and provisions of this act ; always provided, that nothing 
 herein contained, shall be construed to authorize any 
 such partnership for any banking purpose whatever, or 
 for any business or concern connected with insurance. 
 
 SECT. 2. All partnerships to be formed under this act 
 shall consist of one or more partners, jointly and several- 
 ly responsible, according to the existing laws and rules of 
 law relative to partnerships, who shall be called general 
 partners ; and one or more partners, who furnish funds or 
 capital to the partnership stock, whose liability shall ex- 
 tend no further than the funds or capital which he or they 
 have furnished to the partnership stock, and who shall 
 be called special partners. And every such partnership 
 shall be conducted under a company name or firm, con- 
 sisting of all the names of the general partners only ; and 
 J A* any special partner's name is used or inserted in said 
 ^ firm or company name, such special partner shall be li- 
 able as a general partner ; but nothing herein contained 
 shall be construed to prevent any special partner from 
 examining into the state and progress of the partnership, 
 and advising as to its management. 
 
 SECT. 3. Before any partnership under this act shall be 
 carried into effect, the company name or firm under 
 which the same is to be conducted, and the names of all 
 the general and special partners interested therein, with 
 the names of their several places of residence, shall be 
 registered in a book to be kept for that purpose, at all 
 times open for public inspection, in the office of the 
 town-clerk of the town in which the principal business 
 of the partnership shall be carried on ; and if the partner- 
 ship have, at any time, places of business, or establish-
 
 Title 74. Partnerships Limited. 323 
 
 ments, situated in different towns, the names and title of 
 the firm shall be registered in like manner in every such 
 town. And said registers shall further designate those 
 of the general partners, who are authorized to transact, 
 manage, and sign for the partnership, and for which alone 
 the partnership shall be responsible, and also the amount 
 of the capital furnished by every special partner, and the 
 period at which the partnership is to commence and ter- 
 minate ; and every renewal or continuance of any such 
 partnership, shall be registered in like manner, and all 
 alterations or dissolutions of any such partnership, prior 
 to the original proposed continuance of the same, shall 
 also be registered as aforesaid. 
 
 SECT. 4. No registry required by this act, shall be made Certificate, 
 by any town clerk, or be considered valid, unless all the 
 partners, general and special, associated together in every 
 such partnership, shall make and sign a certificate or decla- 
 ration, before one of the judges of the superior court, or 
 a judge of the county court, containing the statements 
 required by the foregoing section, which shall be filed in 
 said town-clerk's office ; and a copy of such certificate 
 shall be evidence of the matters therein contained, in any 
 court in this state. And at the time of making the reg- 
 istry required by the foregoing section, it shall be the 
 duty of such of the general partners as are authorized by 
 the partnership to transact and manage their concerns, to 
 make oath to the actual and bona fide advance or pay- Advancements 
 ment of the sum or sums by the special partners, accord- ners^to^e^ 
 ing to the registry of the amount of the same, and no such sworn to. 
 capital shall be advanced to the common stock of the 
 partnership, by the special partners, but in cash pay- 
 ments : and if any person shall be guilty of wilful false False swearing 
 swearing in the premises, he shall be deemed to have to Adeemed 
 committed perjury, and shall be punished accordingly. 
 And it shall be the duty of all the partners interested 
 in any such partnership, to see that the requirements of 
 the third and fourth sections of this act are complied 
 with ; and in case the same shall be neglected, or a false 
 registry be made, all the partners interested in such part- 
 nership, shall be liable to all the engagements thereof, as 
 general partners. 
 
 SECT. 5. The general partners in every such partner- Mutual accoun- 
 ship, shall be held liable to account to each other for their n a er ' d ' y 
 management oftheir joint concern, and to the special part- 
 ners, either in law or equity, according to the law relative 
 to partnership, as now subsisting. No part of the capital Capital not to 
 furnished by special partners, shall be withdrawn, either be withdrawn. 
 in the shape of dividends, profits, or otherwise, at any 
 time within the period during which the partnership shall
 
 324 Title 75. Paupers-. 
 
 be continued ; nor shall any special partner, under any 
 circumstances, be considered or allowed to claim, as a 
 creditor, in case of the insolvency or bankruptcy of the 
 partnership. 
 Suits toba SECT. 6. All suits to be brought by any such partner- 
 
 aTns h uhe ya en d shi P' sha11 be in the name or names of the g eneral 
 eral partners partners only ; and suits against such partnerships, shall 
 
 only. be brought against the general partners only, except in 
 
 cases where the special partners shall be rendered liable 
 ap general partners, in which case suits may be brought 
 against all the partners. 
 
 Terms of part- SECT. 7. It shall be the duty of the partners in any 
 
 ne !?T !i be partnership formed under this act, to publish the terms 
 published. r c , , . . i / -j r 
 
 ot the partnership so registered as aforesaid, tor at least 
 
 six weeks after such registry, in at least one newspaper 
 published within the county, in which their business shall 
 be carried on ; and in case no newspaper is published in 
 said county, then in a newspaper published in an adjoin- 
 Register's fee. j n g coun ty ; and each town-clerk shall be entitled to the 
 sum of twenty-five cents for every registry by him made 
 in pursuance of this act. 
 
 TITLE 75. Paupers. 
 
 CHAP. I. 
 
 An Act to provide for the support of Paupers. 
 
 ""BE it enacted by the Senate arid House ofRep- 
 
 SECT. 1. 1-C t - r> i a u j 
 
 JL resentatives in (jreneral Assembly convened, 
 
 What relations That when any person shall, by age, sickness, insanity, or 
 siT ort of au- an y cause ? become poor, impotent and unable to support 
 ers, and provide for himself and family, and has relations, who 
 
 stand in the degree or line of father and mother, grand- 
 $-*t father and grand-mother, children and grand-children, 
 who are of sufficient ability to do the same, then it shall 
 be the duty of such relations to provide for his support ; 
 and if such relations shall refuse or neglectto do the same, 
 Remedyagainst then, on application to the county court, in the county 
 relations refus- where such person lives, by the select-men, or one or 
 s!a g to rt provida more of such relations, and on giving due notice, said 
 court may order such relations to pay and contribute to 
 the support of such poor and impotent person, from the 
 time of such application, such sum as they shall deem to 
 be reasonable and necessary, and may issue execution, 
 quarterly, for the same, to be delivered into the hands of 
 the select-men, for that purpose.
 
 
 Title 75. Paupers. 325 
 
 SECT. 2. All poor and im-potent persons, who have not What descrip- 
 estate sufficient for their support, and have no relations I,', 01 ], / P srso " s 
 of sufficient ability, who are obliged by law to support ported* by P tiie 
 them, shall be provided for, and supported, at the expense town, 
 of the town where they belong. And it shall be the du- 
 ty of every town to maintain and support all the poor in- 
 habitants belonging to the town, whether residing in it or 
 in any other town in the state. 
 
 SECT. 3. The select-men of each town, shall be over- Select-men to 
 aeers of the poor ; and it shall be their duty, at the ex- be overseers of 
 pense of the town, to provide for all paupers belonging TheFrdut - 
 to it, food, clothing, fire-wood, and all other articles'ne- 
 cessary for their subsistence ; and to- draw orders on the 
 treasury of the town for the payment thereof; and to 
 render an account to the town of such expenditures, 
 when required. 
 
 SECT. 4. Paupers shall be liable to be removed to such Paupers liable 
 places to be supported, as the town or select-men may di- j b( r remove d 
 rect, and shall be subject to the orders of the select-men, O f support. 1 
 
 or persons contracted with, to support them. No individ- ~, . ,. 
 
 Claims of mdi- 
 ual shall have any demand against a town for supplies or viduals against 
 
 assistance furnished to a pauper, against the express di- tu e town, 
 rection of the select-men ; nor before he has given notice 
 to one of the select-men of the town where the pauper 
 resides, of the condition of such pauper. 
 
 SECT. 5. It shall be the duty of the select-men of every Duty of select- 
 town, whenever a person, not an inhabitant of such town, men to furnish 
 residing therein, shall become poor and unable to support su PP rt - 
 him or herself, to furnish such pauper, such support as 
 may be necessary, as soon as the condition of such pau- 
 per shall come to their knowledge ; and each select-man Penalty for 
 neglecting such duty, shall forfeit the sum of seven dollars, nes ect ' 
 to him who shall prosecute for the same to effect. The 
 select-men of every town in which a pauper belonging to Notice i what 
 another town is chargeable, shall give notice to the town case,and within 
 to which the pauper belongs, of his condition, within five wha . 1 ^, m f\ ttv 
 days after they shall have obtained knowledge of the town 
 to which he belongs, where such town is within twenty 
 miles of the town where such pauper resides ; and in all 
 other cases, within fifteen days ; and where the select- 
 men have knowledge of the town where such pauper be- 
 longs, such town shall not be liable for any expense for 
 the time in which notice is neglected ; and such town Limitation of 
 shall not be liable to pay at a greater rate than one dollar J^"? 6 
 per week for the support of a pauper, in lieu of all ex- 
 genses. And a letter put in the mail, stating the name of what shall be 
 the pauper, and that he is chargeable, signed by one of j^^ 6 ^ * v '~ 
 the select-men of the town where he resides, directed to ti ^ ce 
 the select-men of the town where he belongs, where there 
 
 43
 
 326 Title lo. Paupers. 
 
 is a post-office in the town, or if none, then directed to 
 be left at the nearest post-office to such town, shall be 
 sufficient evidence that notice was given, at the time 
 such letter would reach the select-men, to whom 
 Actual notice. \^ shall be directed in the usual course of the mail : and 
 actual notice in writing, sent in any other mode, shall be 
 sufficient. 
 
 er' b one C V " SECT. G. Every town incurring necessary expense, 
 town against pursuant to this act, for a pauper belonging to another 
 another. town, shall have right to recover the same from such town, 
 
 as is provided in the preceding section of -this act, by a 
 proper action at common law. 
 
 SECT< 7 ' When an y P erson havin S a le S al settlement 
 this state, and in any town in this state, shall remove out of the same. 
 afterwards in an( ] g a | n a ] C g a j settlement in another state, and shall af- 
 an^th'en're- 16 ' terwards return to this state, and become poor and una- 
 tuming, by ble to support himself, the town where he had his last le- 
 
 whomiobe gal settlement in this state, shall be chargeable with his 
 supported. 
 
 ^'establish 1 SECT. 8. The several towns respectively, or any two 
 
 poor-houses ; or more towns, by their agents, appointed for that pur- 
 
 ad ordain by- pose, shall have power to establish asylums, or poor- 
 
 houses, for the admission of such poor and destitute per- 
 
 sons as may be judged proper, and to ordain and estab- 
 
 Proviso '' s ^ suc ^ by-laws as mav be proper, relative to the per- 
 
 sons to be admitted into such houses, and for the well or- 
 
 dering and governing thereof ; not contrary to the laws 
 
 of this state, or of the United States : Provided, that such 
 
 by-laws may, at any time, be repealed, by the superior 
 
 court, if, by said court, deemed unreasonable or unjust. 
 
 CHAP. II. 
 
 An Act providing for the support of State Pau- 
 pers. 
 
 BE it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened, 
 What descrip- That the state shall reimburse to any town the expense 
 tion of paupers incurred in relieving and supporting any sick and indigent 
 
 shall be sup- p CrsO n or persons, not inhabitants of this state, and who 
 
 ported by the f , , -i -i , i 
 
 s tate do not belong to any town in this state, and are not by 
 
 law the proper charge of any town or particular person, 
 at a rate not exceeding, in any case, the sum of one dollar 
 per week, for all persons over fourteen years of age, and 
 fifty cents, for children under that age. 
 
 SECT. 2. No town shall be entitled to such reimburse- 
 ment, for the support of any person born in this state, or
 
 Title 75. Paupers. 327 
 
 an adjoining state, or of any person who shall heretofore, 
 at auy time, have been an inhabitant of any town in this 
 state. 
 
 SECT. 3. Whosoever shall entertain any person, notan When ibc per- 
 inhabitant of any town in this state, for the space of four- ? on enterlai - 
 
 i i 11 i i ln K a pauper, 
 
 teen days, and the said person shall, when so entertained, shall bear the 
 be reduced, by sickness, or other cause, to necessitous expense, 
 circumstances, so as to need relief, the person so enter- 
 taining him, shall sustain the discharge thereof, unless he 
 shall have, within fourteen days, given sufficient notice to 
 the select-men of the town, in which such person is so 
 entertained ; and in that case, it shall be defrayed by the ^stViices a'" 
 state, unless the person so entertained has relations of pauper shall be 
 sufficient ability, and by law bound to support him. supported by 
 And all expense incurred in the support of such person, l btate ' 
 within the term of three months, from the time of his 
 coming to such town, (in case he shall, within said term 
 of three months, have been warned to depart said town,) 
 shall, in like manner, be defrayed by the state ; and all 
 expenses, that may arise in support of such person, sub- 
 sequent to the said term of three months, on account of 
 sickness or lameness, which shall have commenced within 
 said term of three months, and which shall have contin- 
 ued beyond the said term, to such degree as to render it 
 unsafe to remove such person, shall, during the continu- 
 ance of such sickness or lameness, be defrayed by the 
 state ; and all subsequent expenses shall be defrayed by 
 
 such town, during his continuance therein : provided, the ant * b y tne 
 
 town, 
 
 sum allowed shall not exceed one dollar per week, for 
 
 persons over fourteen, and fifty cents per week., for chil- 
 dren under fourteen. 
 
 SECT. 4. If any fown shall incur anv expense, in rcliev- Where person 
 
 * f not belonging 
 
 ing and supporting a person not an inhabitant ot any to any tmvil j a 
 town in this state, and who has had his home, and resided the state, has 
 in any town in this state, during the six years next pre- ' ^3^ f n s ' a x ny 
 ceding the time of incurring such expense-, without being i ow n, without 
 chargeable to the state, such expense shall not be rcirn- being chargea- 
 bursed from the treasury of the state, but shall be dc- ^i/not^eHa- 
 frayed by the town in which such residence shall have hie for his sup- 
 l>een last had, at the time of affording the relief. P rt - 
 
 SECT. 5. The select-men of any town, into which a Such person 
 person not an inhabitant of any town in this state shall d a - 
 come to reside, may, at any time within six years from 
 the coming of such person into their town, remove such 
 person to the town in which he shall have last resided, 
 and had his home, as is before provided in this act ; and 
 for that purpose, such select-men shall have power to 
 pursue any of the means provided by law, for the remov- 
 al of persons not inhabitants of this state.
 
 328 
 
 Accounts for 
 support of state 
 paupers, 
 to be liquida- 
 ted by the 
 comptroller ; 
 
 and verified 
 by oaths of 
 select-men. 
 
 Certificate. 
 
 Comptroller, 
 if satisfied 
 with proofs, to 
 draw order for 
 payment ; 
 
 otherwise, to 
 require further 
 proof. 
 
 Comptroller 
 to make return 
 to general as- 
 sembly, at 
 each session. 
 
 To devise 
 
 forms for se- 
 lect-men. 
 
 Comptroller 
 authorized to 
 cotract for 
 support of 
 ssate paupers^ 
 
 Tide 75. Paupers* 
 
 SECT. G. All accountspayablc by law from the treasury 
 of the state for the support of poor and indigent persons, 
 shall be liquidated and adjusted by the comptroller of 
 public accounts, on the application of the select-men of 
 the town in which the expenses shall have arisen. 
 
 SECT. 7. And the justness and reasonableness of such 
 accounts, before they are allowed, shall be verified, at 
 least, by the oath of a major part of the select-men in the 
 town, certified by a justice of the peace. And the select- 
 men shall also exhibit, and lodge with the comptroller a 
 certificate, subscribed and sworn to, by at least a majori- 
 ty of them, stating, as far as is known to them, when and 
 from whence such poor and indigent person came into the 
 state, and into such town where he or she has resided, 
 and whether any other town or person in the state is lia- 
 ble for his or her support ; also, further stating the time 
 when such person was warned to depart from such town ; 
 and that the expense charged was incurred for sickness or 
 lameness, which happened within the first three months 
 from his or her coming into the town ; or if afterwards, 
 that during the whole of his or her continuance in such 
 town after the expiration of said three months till reliev- 
 ed, such person could not safely be removed from such 
 town. 
 
 SECT. 8. And if, on examination, the proofs and exhi- 
 bits made shall conform to the provisions of law, and the 
 comptroller shall be satisfied with the truth of the same, 
 he shall draw an order on the treasurer for the payment 
 of such sums as shall be found to be reasonably and justly 
 due ; but if the proofs shall not be satisfactory to him, of 
 the justice of the claim, he may require further proof; 
 and if satisfactory proof is not produced, he may reject 
 the claim. And it shall be the duty of the comptroller 
 to make return to the general assembly, at each session, 
 of the names of the sick and indigent persons, for whose 
 support allowance has been made, and the towns in 
 which they resided, and the amount allowed to each per- 
 son ; and it shall also be his duty, from time to time, as 
 occasion may require, to devise and make known to the 
 select-men in the respective towns, the requsite forms in 
 which the proofs and exhibits must be made. 
 
 SECT. 9. The comptroller of this state shall be, and he 
 is hereby fully authorized and empowered, from time to 
 time, to contract with any person or persons, for any term 
 of time, not exceeding five years, for the relief and sup- 
 port of any such sick and indigent persons, on the best 
 terms, not exceeding the sums specified in the first sec- 
 tion ; and such person or persons, so contracting, shall be 
 entitled to receive, at the end of every six months, the
 
 Title IB. Pedlars. 329 
 
 amount due on such contract. And the comptroller is And to take 
 hereby authorized, at his discretion, to take from any 
 town in this state, the whole, or any part of the state pau- 
 pers in said town, and place the same with the person or 
 persons, with whom said contract for their support may 
 have been made, as aforesaid, and to adjust all demands, 
 arising under said contract, and draw orders on th< ; .reas- 
 urer for the payment of the same. 
 
 SECT. 10. Whenever a contract shall be made, by the 
 comptroller, with any person or persons, for the r;i ; >port 
 of state paupers, agreeably to the provisions of this act, 
 it shall be the duty of the comptroller to take good and 
 suflicient bonds with surety, of the person or persons, To take bonds, 
 who shall make such contract, to secure the faithful fulfil- 
 ment and performance thereof, and that the persons of O rs. 
 whom such contractor or contractors shall have charge, 
 shall be treated with humanity, and shall have a compe- 
 tent supply of food, and dece*ht and comfortable clothing, 
 and all necessary medical aid, and physic, in time of sick- 
 ness. 
 
 SECT. 11. In the settlement of bills of cost by the Expenses of 
 clerks of the several courts, a greater sum than one dollar prPsoneVs lira- 
 and fifty cents per week, shall not be allowed to the keep- ited. 
 ers of the gaol for the support of any person confined 
 therein at the expense of this state, except in cases of 
 sickness. 
 
 TITLE 76. Pedlars. 
 
 \n Act to suppress Pedlars. Hawkers, and Petty- 
 Chapmen. 
 
 T E it enacted by the Senate and House ofRep- 
 ' JLJ resentatives,in General Assembly convened, 
 That no person shall trade, deal, and traffic, in this state, t,iied a fo Ideal 'in 
 as a pedlar, hawker, or petty-chapman, in any foreign foreign goods, 
 goods, wares and merchandize, and which are not the pro- 
 duce or manufacture of this, or any of the United States, 
 upon penalty of forfeiting all such goods, wares and mer- 
 chandize, so by him carried about, and offered for sale ; 
 one half to him who shall inform and prosecute to effect, 
 and the other half to the treasury of the state. 
 
 SECT. 2. All goods, wares, and merchandize, so offer- Mode of pro- 
 ed for sale, . may, and shall be seized, by any person to ceedmg. 
 whom they are offered, or by any other person or per- 
 sons ; and shall forthwith be offered to any justice of the 
 peace, who shall cause an inventory of them to be taken, 
 and to be appraised, by two indifferent freeholders, under
 
 330 
 
 Title 77. Petitions. 
 
 oath, at their just value in money, and who shall retain 
 them in his custody till final judgment. And the person 
 or persons seizing such goods, shall make information to 
 a justice of the peace in the town where the goods were 
 seized, if the value does not exceed thirty-five dollars ; 
 if it exceeds that sum, then to the next county court, in 
 the county where the seizure was made. And such jus- 
 tice of the peace, or such county court, where the infor- 
 mation is filed, shall proceed to hear, try and determine 
 said cause ; and if they find, that such goods were unlaw- 
 fully carried about, and offered for sale, contrary to this 
 act, they are empowered to decree them to be forfeited, 
 and order them to be sold at public vendue, and the avails 
 to be paid in the manner aforesaid. 
 
 SECT. 3. And the attornies for the state in each county r 
 and all informing officers, are directed to prosecute all 
 breaches of this act ; in which case, the whole forfeiture 
 shall go to the treasury of the state. 
 
 SECT. 4. If any person shall trade, deal and traffic as a 
 S rohibiied tberS ' P edlar hawker or petty-chapman, in the articles of indi- 
 go and feathers, such indigo and feathers shall be forfeit- 
 ed, and proceeded against, in the same manner as is pro- 
 vided in this act in the case of foreign goods. 
 
 Informing offi- 
 cers to prose- 
 cute. 
 
 Peddling indi- 
 
 TITLE 77. Petitions. 
 
 Adverse party 
 to be notified, 
 
 by copy. 
 
 Time of ap- 
 pearance. 
 
 An Act concerning Petitions and Memorials to 
 the General Assembly. 
 
 SECT. 1. 
 
 B^it enacted by the Senate and House of Rep- 
 resentatives, in General Assembly convened, 
 That no petition or memorial, made or preferred, by 
 any person or persons whatsoever, to the general assem- 
 bly, shall be heard or considered, by said assembly, 
 where any other person or persons is or are concerned 
 in the estate, matter, thing or things in controversy, and 
 have right to be heard in the same, unless he, or they, so 
 concerned, have been summoned or notified thereof, by 
 giving or offering to him or them, or leaving at the place 
 of his or their usual abode, a copy, duly attested, of such 
 petition or memorial, and of the summons or citation an- 
 nexed thereto, at least twelve days before the day of ap- 
 pearance, mentioned in the said summons or citation. 
 
 SECT. 2. Every summons or citation for the adverse 
 party to appear and answer to said petitions or memo- 
 rials, if returnable to the stated session of said assembly, 
 in May, shall be for their appearance on Tuesday next 
 after the opening of said assembly, and, if returnable to an
 
 TttieW. Pews. 331 
 
 adjourned session, on the second day of the session. And 
 
 every such petition or memorial shall be returned to the Time of return 
 
 secretary, on or before the day next preceding the day lo secretar y- 
 
 mentioned in the summons or citation for the appearance 
 
 of the adverse party. 
 
 SECT. 3. If any person or persons prefering such peti- 
 tion or memorial shall not appear to prosecute the same, 
 on the said day for the appearance of the adverse party, 
 he or they shall be non-suited. 
 
 SECT. 4. If upon the trial of the case in any petition Costs, 
 contained, it doth appear, that either the petitioner or 
 petitioners, or the person or persons summoned to an- 
 swer, do or have given the other party unjust trouble, the 
 party or parties wronged, shall be allowed his or their 
 just costs and damages, as in other cases. 
 
 SECT. 5. No petition or memorial shall be preferred to Wb&t peti- 
 the genejal assembly, but in such case or cases, where no b'e preferred^ 
 judicial court is, by law, competent to grant relief. the general as- 
 
 SEUT. 6. All memorials wherein no person or party is . m 7.- . 
 so concerned or interested, as that he need to be cited, for^ntering 
 shall be lodged in the secretary's office, and entered in memorials not 
 the docket by him kept, on or before the eighth day of adverse, 
 the session of that assembly to which they are preferred : 
 otherwise, they shall not be heard. 
 
 TITLE 78. Pews. 
 An Act relating to Pews. 
 
 T3 E it enacted, by the Senate andHouse ofRep- 
 
 " ' ' IJ rRsentatJTRs. in General Assembly convened. 
 mi n j f Grants and 
 
 I hat no grant, sale or lease herealter made, oi any pew, i eases O fpews, 
 
 in any meeting-house or church belonging to a religious how executed. 
 
 society, of any denomination of Christians in this state, in 
 
 fee, or for any term of time exceeding one year, shall 
 
 be accounted goed, and effectual in law, to hold such pew, 
 
 against any other person or persons whatsoever, but the 
 
 grantor or grantors, lessor or lessors, and their heirs only, 
 
 unless such grant or lease be in writing, and subscribed 
 
 by the grantor or lessor, and attested by two subscribing 
 
 witnesses, and acknowledged before a judge of the superior 
 
 or county court, or a justice of the peace, and recorded To bi 
 
 at length, by the clerk of such society, in a book to be 
 
 kept for that purpose, whose duty it shallbe to record the 
 
 same, and who shall receive the same compensation 
 
 therefor as town clerks, for recording deeds. 
 
 SECT. 2. One pew, being the property of any person JjJPJJJJi 
 or persons having a family, who ordinarily occupy the e , ecut i OD , fee.
 
 332 Title 79. Post-Guides. Title 80. Pounds. 
 
 same, shall be exempt, and not liable to be taken, or dis 
 posed of, by any warrant or execution, for any tax or debt 
 whatever ; nor shall the same be liable to be sold to satis- 
 fy the demands of creditors, where the estate of such 
 owner shall prove insolvent ; any law or custom to the 
 contrary notwithstanding. 
 
 TITLE 79. Post-Guides. 
 An Act relating to Post-Guides. 
 
 1 "B^ E / enacted by the Senate and House of Rfp- 
 a.9 rescntatives in General Assembly convened, 
 That it shall be the duty of the select-men of the several 
 Post-guides to towns, at the expense of their respective towns, to erect 
 be erected by and keep up post-guides, at the corners or divisions of 
 select-men. a u ^he p rmc ip a l roads, leading from their respective 
 towns, to the town or towns adjoining ; and such post- 
 guides shall indicate, and point out the principal, and 
 correct road, or roads, from the towns wherein they are 
 erected, to the adjoining town or towns. 
 
 SECT. 2. If the select-men of any town shall neglect to 
 Penalty for not erect post-guides, agreeably to the requirements of this 
 erecting them. ac ^ suc } 1 se lect-rnen shall forfeit and pay a fine, to and 
 for the use of the county, to which said town belongs, not 
 exceeding twenty dollars, for each month, during which 
 said select-men shall neglect to erect any suitable post- 
 guide, as aforesaid. 
 
 SECT. 3. If the select-men of any town, in which post- 
 Penalty for not guides have been, or shall be erected, shall neglect to 
 keeping them continue the same, and keep the same in repair, such se- 
 lect-men shall forfeit and pay a fine, not exceeding twen- 
 ty dollars, to the county as aforesaid, for every month, 
 during which such neglect shall exist. 
 
 SECT. 4. It shall be the duty of the attorney for the 
 States attornies state, in each county, to make information of all breach- 
 to make infor- es o f this act, by the select-men of any town in the coun- 
 ty for which he is attorney, as aforesaid, to the county 
 court for such county ; which court shall have cognizance 
 of such information. 
 
 TITLE 80. Pounds. 
 
 An Act to provide Pounds, and to regulate the 
 impounding of Creatures. 
 
 1 T^^ ^ enac * e d ty the Senate and House of Rep- 
 
 .. f MJresentatives in General Jlssemblii convened, 
 
 -jelect-inen*tQ. J . . ' 
 
 erect pounds, ihat the select-men oi every town shall erect, maintain, 
 
 and keep in repair, at the expense of the tc-^n, a good
 
 80. Pounds. 333 
 
 and sufficient pound or pounds, for the impounding and 
 rcstaining therein all creatures, which shall be found 
 damage-feasant, or which shall be liable by law to be 
 impounded^ and if any town shall be without a sufficient 
 pound, for the purpose aforesaid, the select-men shall for- 
 feit the sum of two dollars per month, for every month Penalty fop 
 such town is unprovided with a sufficient pound or pounds, n 'S'* cf; 
 one half to him who shall prosecute to effect, and the 
 other half to the treasury of the county. 
 
 SECT. 2. When any town shall grant to a society, or Society, or pw 
 any particular part of the town, liberty, at their own ex- ticulaf P^of* 
 
 j c A town, mp.y 
 
 pense, to erect a pound or pounds, for their own coavn- bav* poW. 
 ence, (which grants towns are empowered to make,) 
 then such pound or pounds shall be maintained by such 
 society, or particular part of the town, and the^elect- 
 men shall not be punishable for their deficiency. 
 
 SECT. 3. Every person shall have right to impound Whn hearts 
 
 horses, cattle, asses, mules, sheep, goats and swine, found ar 
 
 doing damage on his land, inclosed by a wifficient and gi^ea to th* 
 
 lawful fence ; and when any person shall have impound- owners. 
 
 od any creatures, he shall give notice thereof, within 
 
 twenty-four hours, if the owner be known ; and on neg- 
 
 lect thereof, he shall forfeit the sum of twenty cents per 
 
 head, for every beast so by him impounded, and the same 
 
 sum for every day, after the first day, that he shall neglect 
 
 to give notice as aforesaid, to the use of the owner there- 
 
 of, who shall recover the same, by a proper action ; and 
 
 shall also pay all necessary expense to the pound-keeper, 
 
 for providing food and water for such creatures so im- 
 
 pounded. 
 
 SECT. 4. If creatures be impounded, and the own* Froce<3ingA.*p 
 thereof be not known, the impounder shall forthwithj"af- Impounding 
 ter impounding the same, inform one of the constables of * reatctf< * 
 the town thereof, who shall advertise them, by setting up 
 on the sign-post in the town where they are impounded, 
 and in two of the next neighboring towns from which it 
 may be most likely such creatures came, a description of I 
 them, with their natural and artificial marks, and of the v 
 place where taken. If no owner appear in eight dayi, in s *' e . 
 the case of sheep or swine, and in twenty days in the case 
 of other creatures, after they shall have been advertised 
 as aforesaid, then such constable may sell so many of them 
 as will be sufficient to satisfy the damage and poundage, 
 and the reasonable expense of supporting, advertising 
 and selling them. Provided, that the fence about the p r vio 41 <o 
 enclosure, out of which creatures are impound^ must ucicy of 
 be found sufficient by two sworn fence-viewers, before 
 nny sale shall be made as aforesaid. And whenever any 
 creatures shall be impounded and advertiwd, according 
 
 44
 
 334 Title 80. Pounds. 
 
 to the provisions of this section, the impounder shall call 
 two fence-viewers to view the fence of the enclosure 
 from whence the creatures were taken, and estimate the 
 damages done by such creatures, at the end of five days 
 after said creatures are impounded. 
 Description of SECT. 5. The marks, natural and artifical, of the crea- 
 
 beasts to be en- t ures so sold, shall be entered in the town-clerk's office, 
 
 tered in town- . , c 
 
 book. . w ^h an account 01 the charges, and the price for which 
 
 they sold, and the overplus, if any, after the town-clerk 
 shall be paid for the entry, shall be delivered to the town- 
 treasurer, to be kept for the owner, if he appears within 
 one year- ; otherwise, it shall belong to the town. If any 
 of the creatures, so impounded, shall remain unsold, after 
 selling enough to satisfy the damages and costs, they may 
 be released, or proceeded with as in the case of estrays. 
 Right of owner If the owner shall appear within eight days, in the. case 
 to replevy. of sheep and swine, or-Jtwcnty days, in the case of other 
 
 \ creatures, lie shall have right to replevy the same. 
 Duty of owner SECT. 6. If any person, whose creatures are impound* 
 te/noticT' **" ec ^' sna ^ not ' w *t nui1 twenty-four hours after notice given 
 to him, replevy the same, he shall incur the same penal- 
 ty as persons, who, having impounded creatures, neglect 
 Proviso, as to to give notice to the owners. Provided, that the owner 
 tender of dam- of creatures may, if he thinks proper, procure two indif- 
 ages and costs. f eren ^ f ree holdcrs of the town, to estimate the damages 
 done by such creatures, and tender the same, with the 
 costs, to the impounder ; and if he shall refuse to accept 
 the same, and the owner is obliged to replevy his crea- 
 tures, then the impounder shall recover no costs, but shall 
 . fee liable to pay costs to the owner, unless the court who 
 tried the action, shall find, that he was entitled to more 
 damages and costs than the sum tendered. 
 In what cases SECT. 7. No person shall be entitled to a recovery for 
 
 damages shall damages done in his inclosure, through the insufficiency 
 be recoverable. r , . 
 
 01 his fence, Unless such damages were done by swine or 
 
 horses, or other creatures, that go at large on the com- 
 mons contrary to law, or by unruly cattle, that will not 
 be restrained, by ordinary fences : or where the owner of 
 cattle sh^ll put his cattle into, or voluntarily trespass on 
 his neighbor's inclosure ; or where it shall appear, that 
 though part of the fence is deficient, the cattle broke and 
 entered through a sufficient fence ; in which case, the 
 owner of the land may impound such creatures, and re- 
 cover poundage and damages. 
 
 'S.ECT. 8. If any person shall rescue any creatures liable 
 to be impounded, out of the hands or custody of any per- 
 son or persons goin;_; to pound with them, or shall attempt 
 to prevent him or them from driving such creatures to 
 pound, or shall resist them therein, such person,' so of-
 
 Title 8. Pounds. 33,5 
 
 *fcnding, shall forfeit the sum of four dollars : and if any Penalty, 
 person shall break the pound, or in any way. convey p 
 out of it any beasts lawfully impounded, he shall forfeit 
 the sum of seven dollars ; one half of which forfeitures penalty, 
 shall- be to the use of him who shall prosecute to effect, 
 ( and the other half to the treasury of the town where the 
 offence is committed .; and shall also pay to' the party in- 
 jured all the damages he shall sustain, by such rescue or 
 pound-breach ; and where such rescue or pound-breach 
 is effected, by the children, or servants of the owner, or 
 owners of the creatures, such owner or owners shall pay 
 all the damages and forfeitures, in the same manner as if 
 done by themselves. 
 
 SECT. 9. If any creature?, lawfully impounded, shall Escape from 
 escape out of any pound, and the owner is known, the P ounJ - 
 person who impounded them shall be entitled to an action 
 of debt, to recover the poundage, and damages from the 
 owner, on his making oath that he took them damage- 
 feasant: provided, that all prosecutions for breaches of Prosecutions 
 this act shall be within nine months after the commission 
 of the offence. 
 
 SECT. 1Q. It shall be the duty of the several towns, at Towns to ap- 
 their annual meeting, to appoint a pou.nd-keeper, whose eepefs UUCl " 
 duty it shall be to receive and keep all creatures lawful- 
 ly brought to pound, and to provide for. them necessary 
 food and water, while in pound, for which he shall be 
 allowed twelve cents per day lor hor-es, cattle, asses, Allowance for 
 mules, and swine, each ; and three , oen(> per day, for footl and wa * 
 sheep and goats, each. The fees for poundage, to be e -' 
 paid by the owner or owners of creatures impounded, Poundage fees, 
 shall be twelve cents each, for horses, cattle, asses, mules 
 and swine ; two cents each, for sheep ; and three cents 
 each, for goats, payable one half to the impounder, and 
 the other half to the pound keeper. And the owner or 
 owners of any beasts impounded shall- rrot redeem or re- 
 plevy the same out of the pound, till he or they have 
 paid to the pound-keeper his poundage fees, and the 
 lawful expense for providing food and water for such 
 creatures, while in pound ; which he shall be entitled to 
 recover, in his action of replevin, against the impounder, 
 if it shall be found, that such creatures were unlawfully 
 impounded. 
 
 SECT. 11. No swine shall be allowed to go at largeln Swine, how re- 
 the highways or commons ; and if any person or persons strained 
 suffer their swine to go at large in the highways or com- 
 mons, it shall be the duty of the haywards of the town, 
 and it shall be lawful for any person, to impound them ; 
 and the poundage shall be twelve (jents for each swine, Poundage fe, 
 one half of which shall be paid to the impourider, the other
 
 Title dl. facorcls. 
 
 half to the pound-keeper :" *n<! such swine shall not be 
 released, tilF the owner or owners shall have paid the 
 poundage, and the expense of keeping the swine till 
 . t released, provided, that each town may permit swine 
 
 permit- ^ ^ large, under such regulations, as they may think 
 ting awin* to TV a* i > A i 
 
 $0 qj tege proper ; and where swine suffered to go at large in 
 
 town- shall go into a town where they arc restrained, they 
 shall be under the same regulations as swine are in such 
 
 town. 
 
 //zr. ... 'W . . _ - 
 
 TITLE 81. Records* 
 
 An Act prescribing the mode of preserving and 
 certifying the Records of Justices of the Peace r 
 in- certain cases. 
 
 . T l[3fr*'* enacted 6y the seriate and House of Rep 
 JL9 fcwntatives in General Assembly convened, 
 Tha-t whenever a person, who, at any time has been, or 
 cords of juti. exercised the officfi of, a justice of the peace, shall die, 
 tobe lodged* 6 * or ^^ remove out of the state, or be removed from, or 
 \rttb town- iidt appointed' to Office, for some crime of which he shall 
 clerfce. fc e cortvicted, on impeachment or otherwise, his files and 
 
 records shall be, t>y him, his heirs, executors or adminis- 
 trators, lodfged in the twn-clerk*s office, where he last* 
 resided : and the town-clerk is iriapowered and required, 
 if need be, to demand and receive such files and records, 
 ,. , to keep the same safely, and to give, when required, true 
 To g e&piej. an( j a ft es t e< j CO pi eS) which shall be legal evidence ; and if 
 
 such justice of the peace, or person who has exercised 
 
 that oflice, shall i emsc to deliver such files and records to 
 
 , the town-clerk, within ten days after demand, he shall 
 
 fusing'to dliiv' i ncur a penalty of five dollars, for each week he shall sa 
 
 cr flies and re- neglect or refuse to deliver the same to the use of the 
 
 erds. county, where the offence is committed, to be recovered" 
 
 in an action Brought in the name of the county treasurer. 
 
 Executory &c. And the etecntor or administrator of such justice of the 
 
 liabl*. pe&e* er person, shall, in like manner, deliver over to the 
 
 towfr-clerk such files and records as are in his custody^ 
 
 belonging to the deceased, and on like notice and refu- 
 
 tl, shall be eulgtct to the same penalties, to be recover- 
 
 din the same manner as herein is provided. 
 
 JostiftrfiNiti^ ict. 2. Whenever any person, who has been, or has 
 Ioiated ma P y exerci d the office of, a justice of the peace, shall be re- 
 perfctl their moved frotn, or not appointed to office, for other cause 
 rcJt and lb*fc t celmction of some crime, he shall have a right to 
 girt 9o$9s. perfect his records from the files, as occasion may require, 
 ndto give certified copie&jfcereof, which shall be Jegod
 
 Title 82. Replffvik 
 
 TITM 82, 
 
 An Act authorising Writs of Replevin. 
 
 - lE it enacted by the Senate and House ofRep' 
 MJ resentatives, in General Assembly convened, 
 That every person shall have power to replevy his cat- Power to re- 
 fle, goods or chattels, when impounded and distrained ; P lev 7 P ro 
 provided that any estate levied upon by execution, after dTstrained 
 judgment, or taken by warrant, for fines or taxes, shall not 
 be replevied. 
 
 SECT. 2. Writs of replevin shall be signed by a justice Signing, and 
 of the peace, or other authority by law authorized to bon . d f 
 sign writs, who shall take a bond, with sufficient surety, cutlon - 
 conditioned that the plaintiff shall prosecute his action to 
 cflfect, and pay all damages, and costs the adverse party 
 may recover against him. 
 
 SICT. 3. When the damages demanded do not exceed To what 
 thirty-five dollars, the writ shall be returnable to a justice writs sha11 b e 
 af the peace ; but if the demand is more than thirty-five " 
 dollars, the writ shall be returnable to the county court. 
 When a writ is made returnable to a justice of the peace, 
 the defendant may make avowry, and demand such Avowry. 
 damages as he may have sustained : if the damages, de- 
 manded by the avowant, shall not exceed thirty-five dol- 
 lars, and shall be more than seven, euch cause shall be 
 appealable to the next county court, though the demand Appeal. 
 in the writ of replevin does not exceed seven dollars ; 
 and the party appealing shall give bond, with sufficient 
 surety, to prosecute his appeal to effect, and answer all 
 damages in case he make not his plea good : if the dam- 
 ages demanded by the avowant shall exceed thirty-five 
 dollars, then such cause may be removed to the next Removal, 
 county court, in the same manner as when the defend- 
 ant pleads title to land in an action to trespass : Provid- 
 ed, that the avowant shall recover no costs, unless he re- 
 covers more than thirty-five dollars damages. And where 
 the parties join issue upon a plea of title, such action may 
 be removed in like manner. 
 
 SECT. 4. If the plaintiff in the writ of replevin shall Proceedings 
 fail to appear, or withdraw, or become non-suit, before ^ ^evio'L.. 
 issue joined, then the defendant shall have power to make to appear, &c. 
 a suggestion in the nature of an avowry, stating the inju- 
 ry he has sustained, and his claim for damages, and the 
 court shall proceed to enquire as on a hearing in dama- 
 ges, and shall render judgment in favor of the defendant, fe 
 to recover guci sum for the damages he has sustained as
 
 Writ te what 
 court retuma- 
 
 Titled Replevin. 
 
 they shall think just, and his costs. And if the plaintiff 
 shall withdraw, or become non-suit, after issue joined, 
 and before trial, the court may, in like manner, render 
 judgment for the defendant to recover the damages he has 
 sustained. 
 
 Replevin of SECT. 5. When any goods or effects are attached, the 
 y' g " a / / ac ,l / ' defendant in the suit shall have power to replevy the 
 5 : BoncT' ; " same, on giving a bond, with sufficient surety, to the val- 
 ue of the goods and chattels attached, conditioned to pay 
 the debt or damages and costs ? which the adverse party 
 in the suit on which such goods and chattels are attached, 
 shall recover against him ; which writ shall be returned to 
 the same court, to which the writ on which the estate was 
 attached, is returnable, and lodged with the clerk of such 
 court, that the bond may be a security to the plaintiff for 
 the judgment he may recover against the defendant ; and 
 
 Officer's liabili- if the officer serving such writ of replevin, shall fail to 
 
 ty for neglect. re turn such writ to such court, without the written con- 
 sent of the party who has attached such property, he 
 shall be liable to pay such party double damages, in an 
 action brought against him for such neglect. 
 
 Replevin of SECT. 6. Whenever the rights or shares of any person 
 
 stock of mcor- or p ersons j n an}' bank, insurance company, turnpike 
 
 porated com- ,-, J ' . 
 
 panies. company, or other corporation, shall be attached, it shall 
 
 be lawful for him or them to cause the same to be replev- 
 ied, in the same manner as in case of other property 
 attached : and the officer serving the writ issued in such 
 .case, shall leave a true and attested copy with the cash- 
 ier, clerk or secretary of the bank, insurance company, 
 turnpike company, or other corporation, the shares or 
 rights in which have been attached, and such writ shall 
 be returnable to the same court as the writ by which 
 such rights or shares were attached, and shall be so re* 
 turned by the officer serving the same, and for his neglect 
 he shall be liable as in other cases ; and on a copy being 
 so left, the shares or rights attached shall be released 
 from the attachment, and the bond in the writ of replevin 
 shall be a security to the plaintiff in the suit by attach- 
 ment, to recover his debt or damages. 
 
 SECT. 7. The person or persons who shall give bond 
 
 U p On any wr jt o f replevin, shall not be liable to pay any 
 
 . ., ', . , 
 
 greater sum, m any suit which may be brought on any 
 
 bond, than the value of the property replevied by virtue 
 of said writ. 
 
 SECT. 8. When any goods or chattels shall be attach- 
 ed ' and anv person, other than the defendant in the suit, 
 shall claim to be the owner of them, such person shall 
 have power to replevy the same, on giving bond before 
 the justice of the peace, orother authority, signing the 
 
 Limitation of 
 liability on re- 
 plevm bonds. 
 
 Replevin of 
 
 the suit.
 
 Title 83. Riots. 339 
 
 writ, with sufficient surety, in a sum equal to the value of 
 the goods attached, conditioned to prosecute his action 
 of replevin to effect, and in case he fail to make his plea 
 good, to return and deliver the goods and chattels at- 
 tached, to the officer attaching the same, so that they 
 may be forth-coming to betaken by an execution that 
 may be granted in the suit on wftich they were attached, 
 and on failure thereof, to pay the debt or damage that 
 may be recovered in such suit. And the plaintiff in such 
 writ of replevin may cite the party, who attached the 
 goods and chattels ordered to be replevied, to appear 
 before a proper court, to answer to a charge for unlawful- 
 ly taking the same : and if such plaintiff shall make out 
 a title, to such goods and chattels, he shall have judgment 
 to retain the same, with his damages and costs ; but if he 
 shall fail to make out a title, judgment shall be rendered 
 against him to return such goods and chattels to the offi- 
 cer who attached the same, and that, on failure thereof, 
 he shall pay the value of such goods and chattels, or the 
 debt or damages and costs, recovered in the action on 
 which they were attached, in case they exceed in value 
 the amount of the debt or damages and- costs. 
 
 TITLE 83. Riots. 
 An Act for the suppression of Riots. 
 
 fcE it enacted by the Senate and House of Rep- , 
 
 mm resentatives, in General Mssembly convened, 
 That if any three or more persons shall come together, Authority to 
 with an intention to do any unlawful act, with force or vio- 
 lence, against the peace, or to the manifest terror of the e rs. 
 people, every justice of the peace, sheriff, deputy-sheriff, 
 constable, and select-man, within the limits of his jurisdic- 
 tion, shall be, and hereby is authorized, empowered and 
 required, on notice or knowledge of any such unlawful 
 and riotous assembly, to resort to the place where such 
 assembly shall be, and among, or as near as he can safely 
 come to such rioters, with an audible voice, to command, 
 or cause to be commanded, silence to be observed, while 
 proclamation is making ; and after that, he shall openly, 
 and with an audible voice, make, or cause to be made, 
 proclamation in these words, or in words to the like ef- 
 fect, to wit : " In the name and by authority of the state Form of prog, 
 of Connecticut, I charge and command all persons assem- 
 bled, immediately to disperse themselves, and peaceably 
 to depart to their habitations, or to their lawful business, 
 upon the pains and penalties of the law."
 
 Title 84. Sabbath. 
 
 Power to ap- 
 prehend riot- 
 ers continuing 
 together, after 
 proclamation 
 made. 
 
 Magistrates 
 
 "ndemnified 
 
 SECT. 2. If such persons, so unlawfully and riotously 
 assembled, or any three or more of them, after proclama- 
 nation made as aforesaid, shall not disperse themselves, 
 every justice of the peace, sheriff, deputy-sheriff, consta- 
 ble, or select-man, where such assembly shall he, and 
 such other person or persons as he shall command to as- 
 sist him, shall be, and hereby are authorized, empowered 
 and required to seize and apprehend such persons so un- 
 lawftilly and riotously continuing together, after procla- 
 mation made as aforesaid, and forthwith to carry the per- 
 sons so apprehended, before some justice of the peace, in 
 order to their being proceeded against according to law. 
 
 SECT. 3. And if any of the persons so tnlawfully and 
 riotously assembled, shall happen to be killed, or maimed , 
 or hurt, in the dispersing or apprehending, or endeavor- 
 ing to disperse or apprehend them, by reason of their re- 
 sisting the person so dispersing, or endeavoring to dis- 
 perse or apprehend them, every justice of the peace, 
 sheriff, deputy-sheriff, constable and select-man, and all 
 persons aiding them, or any of them, shall be freed, dis- 
 charged and indemnified, as well against the public, as 
 against every person, and all persons whatsoever, of and 
 from such killing, maiming, or hurting of any person or 
 persons so unlawfully and riotously assembled* 
 
 TITLE 84. Sabbath. 
 
 An Act for the due observation of the Sabbath, 
 or Lord's Day, and days of public Fasting and 
 Thanksgiving. 
 
 SECT. 1. 
 
 (E it enabled by the Senate and House ofRrp- 
 rescntativcs in General Assembly convened, 
 Secular busi- That it shall the duty of the citizens of this state to at* 
 prohibited on tend the P ubnc worship of God, on the Lord's day ; and 
 the Lord'* day. that no person or persons shall do any secular business, 
 work or labor, works of necessity and mercy excepted { 
 nor keep open any shop, \tare-house or work-hoo0e ; nor 
 expose to sale any goods, wares or merchandise, or anj 
 other property ; npr use af port, game, play, or recre* 
 ation, on the Lord's day ; nor shall any traveller, drover, 
 waggoner, or teamster, travel on said day, except from 
 necessity or charity. And every person, so offending, 
 shall pay a fine not exceeding four dollars, nor less than 
 one dollar. 
 
 SECT. 2. No person shall be present at any concert of 
 music > dancing, or other public diversion, on the evening 
 
 Attending pub
 
 Title 84. Sabbaiii. 34 1 
 
 ceding the Lord's day, on said day, or on the evening 
 of said day, on penalty of four dollars. 
 
 SECT. 3. No persons shall meet in company or compa- Meeting in 
 nies, in the streets, or elsewhere, on the Lord's day, ex- C JJJ?JJ' j s> 
 cept for the public worship of God. or some work of no- P ' 
 cessity or mercy, on the penalty of one dollar, each, for 
 every such offence. 
 
 SECT. 4. All prosecutions for the breach of the pre- Limitation of 
 ceding sections, shall be within one month after the com- prosecutions, 
 mission of the offence. 
 
 SECT. 5. If any civil process shall be issued, 01 served, civil P r occss : 
 between the setting of the sun on Saturday night, and when void ' 
 twelve o'clock of the succeeding Lord's day night, it 
 shall be void.'[l^ 
 
 SECT. 6. fF any person or persons, either on the Disturbing 
 Lord's day, or at any other time, shall wilfully interrupt or J5J b I? f " 
 disturb any assembly of people, met for die public wor- ship prohibit 
 ship of God, each person so offending, shall pay a fine not eti - 
 exceeding thirty-four dollars, nor less than one dollar. 
 
 SECT. 7. Each town shall, at their annual meeting, Tyihing-men 
 choose two or more typing-men, in each society or COB- lo , be cnos en 
 gregation, who shall he sworn to a faithful discharge of ai 
 the duties of the office ; and it shall be the duty of such Their dut J'- 
 ty thing-men, and of grand-jurors and constables, to en- 
 quire after, and make due presentment of, all breaches 
 of this act ; and every sheriff, constable, grand-juror and Officers em- 
 tything-man, shall have power, and they are hereby di- apprehend 
 rected, to apprehend and carry before a justice of the transgressors, 
 peace, all persons transgressing this act, to be dealt with 
 according to law, provided they are taken on sight, or 
 immediate information of others ; and to command all ne* 
 cessary assistance ; and whosoever shall refuse to obey 
 such command, and shall neglect to afford his utmost- as- 
 sistance to apprehend such offenders, shall suffer the 
 same penalties as persons who refuse to assist sheriffs and 
 constables in the execution of their office. 
 
 SECT. 8. And on days appointed for public fasting or Servile labor 
 
 i , f.i cji. i i and recrea- 
 
 thanksgrving, by proclamation of the governor of the state, tioDi on days 
 
 all persons shall abstain from every kind of servile labor of fasting and 
 and recreation, works of necessity and mercy excepted ; 
 and every person who shall be guilty of a breach of this 
 
 
 
 (1) No people ever had a higher idea of ing the operations of the statute to the so- 
 the sanctity of the Lord's day than the first lar day ; and the supreme court of errors 
 settlers of "New-England. They prohibit- having decided, that civil process could 
 eel all secular business, excepting works of be executed before sun-rise and after sun- 
 necessity and mercy, on that day; and, set, on the Lord's day; the language of 
 for a long time, it was observed with the the statute is now rendered more explicit, 
 utmost strictness and rigor. But in more so as to remove any doubt respecting its 
 modern times, sundry decisions having construction. See Fox v. Mel, 2 CON?; 
 been made, by the superior couii, confin- Rep. 541.
 
 Title 85. Salaries and Fees. 
 
 Appropriation 
 of fines, &c. 
 
 Stage-owners, 
 drivers, &.c. 
 not to suffer 
 any person to 
 travel on 
 Lord's day. 
 
 Penalty. 
 
 Proviso, as to 
 United States' 
 mail. 
 
 Persons keep- 
 ing seventh 
 tlay of the 
 week, not to 
 be liable to 
 the penalties 
 of thin act. 
 
 section, shall be fined a sum not exceeding two dollars, 
 nor less than one dollar. And all tines and penalties, in- 
 curred by a breach of this act, shall be for the use of the 
 town where the offence is committed. 
 
 SECT. 9. No proprietor or proprietors, or driver of any 
 coach, waggon, sleigh, or other carriage, belonging to, or 
 employed in, any line of stages, or extra carriage ; or 
 proprietor or driver of any hackney coach, coachee. 
 chaise, sleigh, or other pleasure carriage ; shall suffer or 
 allow any person or persons to travel, except from neces- 
 sity or charity, in such carriage, on the Lord's day, on 
 penalty of twenty dollars for every offence : Provided, 
 that this act shall not extend to the owners or drivers of 
 carriages employed for carrying the United States' mail 
 through this state, on the Lord's day. 
 
 SECIT. 10. No person, who conscientiously believes, 
 that the seventh day of the week ought to be observed as 
 the sabbath, and actually refrains from secular business 
 and labor, on that day, shall be liable to the penalties of 
 this act, for performing secular business or labor on the 
 Lord's day, or first day of the week, provided he disturbs 
 no other person while attending the duties of public wor- 
 ship. 
 
 Salaries and 
 fees establish- 
 ed, for 
 
 Governor, 
 
 Lieutenant- 
 Governor, 
 
 Senate and 
 clerk, 
 
 Representa- 
 tives, speaker 
 ad clerks. 
 
 TITLE 85. Salaries and Fees. 
 An Act for regulating Salaries and Fees. 
 
 SECT. 1. 
 
 E it enacted by the Senate and House ofRep- 
 
 i- n / /j j 
 
 resentatives in Lre,neral,Jlssembly convened. 
 
 That the salaries and fees of the several officers of the 
 state herein mentioned, and of the members of the gene- 
 ral assembly, shall be established as follows, to wit : 
 
 To the governor, per annum, one thousand one hundred 
 
 dollars. 
 To the lieutenant-governor, per-annum, three hundred 
 
 dollars. 
 To each member of the senate, and the clerk thereof, 
 
 while in session, per day, two dollars ; and for travel 
 
 in going to, and returning from the place of session, 
 
 nine cents per mile. 
 To each member of the house of representatives, while 
 
 in session, per day, one dollar and fifty cents, and to 
 
 the speaker, an addition of one dollar per day, and to 
 
 each of the clerks, an addition of fifty cents per day; 
 
 and for travel in going to and returning from the place 
 
 of session, nine cents per mile.
 
 Title 85. Salaries and Fees. 3i;j 
 
 To the chief judge of the supreme court of errors, and Judges ofsu- 
 
 superior court, one thousand one hundred dollars per Pp e f ourt 
 
 annum. 
 To each of the four associate judges of the supreme court 
 
 of errors and superior court, one thousand and fifty 
 
 dollars per annum. 
 
 To the treasurer of the state, one thousand dollars per Treasurer 
 annum, three hundred of which, shall be paid from the 
 
 school-fund, for services regarding that fund. *v 
 
 To the comptroller, one thousand dollars. Comptroller,. 
 
 To the secretary of state, eighty-four dollars. Secretary, 
 
 To the secretary of the governor, two hundred dollars, govern^ 
 To the reporter of judicial decisions, three hundred and Reporter, 
 
 fifty dollars. 
 To the commissioner of the school-fund, one thousand Commissioner 
 
 dollars per annum, to be paid from said fund. n ^ c 
 
 To the clerk of said commissioner, a sum not exceeding Clerk, 
 
 two dollars per day, while necessarily employed, to be 
 
 paid from said fund. 
 
 To each of the clerks of the treasurer and comptroller, a Clerks of 
 
 i- i ii i c f, i treasurer and 
 
 sum not exceeding one dollar and hity cents per day, con ,ptroller. 
 
 while necessarily employed. 
 
 TECT. 2. All the salaries allowed and granted by this Salaries, when 
 act, shall be paid semi-anuually, in equal instalments, on payable, 
 the second Mondays of May and November, in each year ; 
 and the comptroller is hereby directed to draw on the 
 treasurer for the same ; the salary of the commissioner o 
 the school fund excepted. 
 
 Fees of the Superior Court. 
 
 SECT. 3. For trying each action, four dollars. Fees of supcri- 
 
 For each judgment on default or nonsuit, two dollars. 
 
 Fees of the Clerks of the Superior Court. 
 SECT. 4. For entering each action and judgment, fifty Clerks. 
 
 cents. 
 
 For each jury-warrant, thirty-four cents. 
 For filing and opening each deposition, five cents. 
 For each execution, twenty-five cents. 
 For copies, or records, each page of twenty-eight lines, 
 
 ten words in a line, twenty-five cents. 
 
 Fees of County Court. 
 SECT. 5. To the chief judge, three dollars and fifty cents, County courh. 
 
 per day, during the session of the court, and for travel 
 
 to and from court, nine cents per mile. 
 To each of the associate judges, three dollars per day, 
 
 during the session of the court, and for travel to and 
 
 from court, nine cents per mile, 
 for trying each action, two dollars.
 
 344 
 
 Clerks. 
 
 Jurors. 
 
 Probate fees. 
 
 Administration 
 letter. 
 
 Bond. 
 
 Limitation of 
 creditors. 
 
 Probate of will. 
 
 Executor's 
 
 bond. 
 
 Inventory. 
 
 Setting out fur- 
 niture to wid- 
 ow. 
 
 Settling ac- 
 counts of ad- 
 ministration. 
 Order of distri- 
 bution. 
 Dower. 
 Appraisers. 
 
 Notice. 
 
 Appointing 
 commissioners. 
 Extending 
 time. 
 
 Title 85. Salaries and f >/.'. 
 
 For each judgment on default, or non-suit, fifty-nine cciu^ - 
 For a license to each tavern-keeper, or tanner, one dol- 
 lar, whereof to the clerk, seventeen cents. 
 
 Fees of the Clerks of the County Courts. 
 
 SECT. G. For entering each action, five cents* 
 
 For each jury-warrant, thirty-four cents. 
 
 For entering each judgment, or continuance, seventeen 
 cents. 
 
 For opening depositions, the same as clerks of the supe- 
 rior court. 
 
 For signing writs, taking bonds, &c. the same as justices 
 of the peace, for like services. 
 
 For each execution, seventeen cents. 
 
 For copies, or records, the same as clerks of the superior" 
 courts 
 
 Fees of Jurors at Superior and County Courts. 
 
 SECT. 7. For each cause in which a jury shall be em- 
 panneled, seventy -five cents to each juror attending, 
 fifty cents of which shall be paid by the parties, and 
 twenty-five cents by the state. 
 
 For travel to and from court, five cents per mile. 
 
 Fees of Court of Probate. 
 
 SECT* 8. For granting administration, seventy-five cents. 
 
 For making out each letter of administration, twenty- 
 five cents. 
 
 For administration bond, twenty-five cents. 
 
 For estch decree, limiting the time for exhibiting the 
 claims of creditors, fifty cents. 
 
 For receiving and probate of each will, seventy-five 
 cents. 
 
 For executor's bond, twenty-five cents. 
 
 For receiving and probate of each inventory, a commis- 
 sion at the rate of fifteen cents, for^each and every 
 thousand dollars thereof. 
 
 For setting out household furniture to a widow, seventy- 
 five cents. 
 
 For stating and settling an administrator's or executor's 
 account, one dollar and twenty-five cents. 
 
 For each order of distribution, seventy-five cents. 
 
 For each order for setting out dower, fifty cents. 
 
 For an order appointing appraisers of an estate, fifty 
 cents. 
 
 For an order of notice to attend the appointment of com- 
 missioners, fifty cents. 
 
 For an order appointing commissioners, fifty cents. 
 
 For an order extending the time of settling an estate, fifty 
 cents.
 
 Title 85. Salaries and Fees. 34a 
 
 For accepting and approving the report of commission- Approving re- 
 ers, fifty cents. pott of com- 
 
 t? j 11 i i !' n tnissioners. 
 
 p or an order to sell real or personal estate, fifty cents^ Order to sell. 
 
 For an order on the executor or administrator, (o pawut Order to pay 
 
 of the estate, to creditors, in proportion to their d^fots, debts. 
 
 one dollar. 
 
 For accepting a return of the sale of estate, fifty cents. Accepting, re- 
 For allowing an appeal, taking bond, and making out iude- turn f sa ' e - 
 
 ment, thirty-four cents. pelT"^ 
 
 For receiving and approving a distribution, seventy-five Approving dis- 
 
 cents. tribution. 
 
 For an order of distribution, seventy-live cents. rt ! er of distri- 
 
 For receiving and approving the return of setting out Approvin- 
 
 dower, fifty cents. dower, 
 
 r or an order of notice, on application for the sale of real Order of no- 
 estate, belonging to minors, fifty cents. tice on mi rs' 
 For an order to sell such estate, seventy-live cents. Order' to sell 
 F^or receiving and approving the returns of sale of real minors' estate. 
 
 estate of minors, fifty cents. Approving sale. 
 
 For taking bond, on granting an order for the sale of such Taking bond on 
 
 estate, fifty cents. sale - 
 
 For the appointment of a guardian, twenty-five cents. Guardian. 
 For each guardian bond, twenty-five cents. Bond. 
 
 For adjusting and settling advancements to children, on Settling ad- 
 making an order of distribution, in case such ad- yancements, 
 
 vancements are claimed to have been made, one 
 
 dollar. 
 For hearing and adjusting the accounts of a guardian Settling guar- 
 
 with his ward, seventy-five cents. dian's accounts. 
 
 For taking a bond from heirs to refund, if debts after- Bond from 
 
 wards appear against the estate, twenty-five cents. 
 For a citation, when by law required, fifty cents. Citation. 
 
 For hearing and judgment on return of the same, when Hearing on 
 
 adverse parties appear, and a trial is had, one dollar. Cl 
 For a judgment.in case of no such appearance of adverse Judgment. 
 
 parties, fifty cents. 
 For hearing an application for the appointment of per- A PP' t "^" g ^ r . 
 
 sons to assist a guardian in making a partition of minor's dian 
 
 lands, seventy-five cents. 
 For an order making allowance for the support of a family, Order of sup- 
 
 during the settlement of an estate, fifty cents. P ort of f * m **- 
 
 For hearing and allowing a motion, to review the report Hearing mo- 
 
 of commissioners, fifty cents. 2S&S&. 
 
 fr or making each and every record, at the rate ot twenty- port . 
 
 five cents, for each page, containing two hundred and Record 
 
 eighty words. 
 For making each and every record, containing less than 
 
 half a page, twelve and half cents,
 
 4 346 
 
 Title 85. Salaries and Fees. 
 
 Copies. 
 
 IVo other fees 
 of probate al- 
 lowed. 
 
 Justice of 
 peace. 
 
 Sedretary. 
 
 * 
 
 Sheriffs, fee. for 
 attending gen- 
 ?ral assembly. 
 
 For making each and every copy, when requested, the 
 same sum as is herein provided, for making records. 
 
 SECT. 9. The fees herein stated, shall include all char- 
 ges, which may lawfully be made by the judges of pro- 
 bate and their clerks, other than such as are by statr 
 ute provided. 
 
 Fees of Justices of Peace. 
 
 SBCT. 10. For signing each attachment, summons or 
 subpoena, nine cents. 
 
 For taking a recognizance, nine cents. 
 
 For each mittimus, twenty-five cents. 
 
 For the entry and trial of each action, fifty cents. 
 
 For each execution, seventeen cents. 
 
 For judgment on default, confession, or non-suit, twenty- 
 five cents. 
 
 For a bond on an appeal, nine cents. 
 
 For copies, or records, the same as clerks of the superior 
 court. 
 
 For an affidavit taken out of court, nine cents. 
 
 For entering a plea of title, and taking bond, fifty 
 cents. 
 
 For taking an acknowledgement of a deed, by any judge 
 or justice of the peace, nine cents. 
 
 Fees of the Secretary of State. 
 
 SECT. 11. For recording laws and orders of the gene- 
 ral assembly, of a public nature, each, seventeen 
 
 cents. 
 
 For affixing the state seal, each time, seventeen cents. 
 For each military commission, seventeen cents. 
 For each commission for justices of a county, eighty-four 
 
 cents. 
 For each commission of a judge of tire supreme court of 
 
 errors, and superior court, fifty cents. 
 For each commission for a judge of the county courts, or 
 
 courts of probate, twenty-five cents. 
 For each petition, or memorial to the general assembly, 
 
 twenty-five cents. 
 On each petition to the general assembly, three dollars 
 
 and thirty-four cents, for the use of the state. 
 For a copy of each order of the general assembly, on a 
 
 petition or memorial, not exceeding one folio page, 
 
 twenty-five cents. 
 For copies of a greater length, and all other copies, the. 
 
 same as the clerks of the superior court. 
 
 Fees of Sheriffs and Constables. 
 
 SECT. 12. To each sheriff, who shall actually attend 
 the general election, for the two days on which his at-
 
 Title 85. Salaries and Fees. 347 
 
 tendance is required, and for travel, the same as shall be 
 
 allowed per day, and for travel, to a member of the house 
 
 of representatives, for the time being. 
 
 To the sheriff, attending the general assembly, the su- Attending 
 preme court of errors, superior or county courts, per courts - 
 day, two dollars. 
 
 To the sheriff's deputy, attending as above, per day, one 
 dollar and fifty cents. 
 
 To constables, attending as above, per day, one dollar 
 and twenty-five cents. 
 
 To the sheriff, for returning votes to the secretary, going Returning 
 to, and returning from, nine cents per mile. 
 
 To sheriffs, constables or other persons, for each mile Travel to serve 
 travel to serve writs, or other process, five cents, to writs ' &c ' 
 be computed from the place of the officer's abode, to 
 the place of service, and from thence, to the place of re- 
 turn ; also, for travel across any toll bridge or ferry ac- 
 tually passed, in making the service of a writ or exe- 
 cution, the sum by law payable at such bridge or ferry, 
 for man and horse, if actually paid, on the service, or 
 return of such writ or execution, but not any sum for 
 passing a turnpike gate. 
 
 To constables, for summoning jurors to attend the coun- Summoning 
 ty, or superior courts, the same for travel to serve as J urors - 
 above, but nothing shall be allowed for travel to return 
 the summons ; and when the jurors are summoned to 
 attend the county court, the said fees shall be paid from 
 the county treasury, and when summoned to attend 
 the superior court, from the state treasury. 
 
 To sheriffs, constables, or other persons, for serving eve- Servia g sum - 
 
 l. . mons, byread 
 
 ry summons, by reading, nine cents. i ng> 
 
 "For serving every summons, by copy, twelve cents. copy. 
 
 For serving an attachment, by reading, or copy, twelve Attachment. 
 cents. 
 
 For taking bail and bail-bond, on each writ of attachment, Taking bait 
 if returnable to a justice of the peace, thirty-four cents ; 
 if returnable to a city, or county court, and the de- 
 mand therein be five hundred dollars, or less, fifty 
 cents ; if the demand be more than five hundred dol- 
 lars, one dollar. 
 
 For taking bail and bail-bond, of a person committed to Copies of writs 
 gaol on mesne process, the same as above, and five m n e d n |" e ~ 
 cents per mile, for travel, to and from gaol. 
 
 In all cases, except in writs and declarations, on promis- 
 sory notes or book debts, according to the ordinary 
 forms, when necessarily served by copy, and the copy, 
 exclusive of the indorsement, shall make a page of 
 twenty-eight lines, ten words in a line, for each copy, 
 twenty-five cents.
 
 348 
 
 7V//C Jto. Salaries cud Fees. 
 
 Hems of fees 
 to be noted. 
 
 Collecting ex- 
 ecutions. 
 
 Attending a 
 justice court. 
 
 Travel for 
 commitment. 
 
 No other fees 
 to be charged 
 by sheriffs, 
 Sic. in civil 
 
 Parties 
 
 For each indorsement of&crvirc. that shall make fourteen 
 
 lines, ten words in a line, twelve cents. 
 For every additional page, or part of a page, of such 
 copy, or indorsement, at the same rate; and for a 
 copy of the indorsement, when necessary to be made, 
 and it shall make half a page as aforesaid, or more, at 
 the same rate. 
 
 In all cases, in which any claim shall be made for any 
 compensation to any person, on the service of an attach- 
 ment or execution, for time and expenses, in keeping, se- 
 curing or removing property taken thereon, the person, 
 who served such attachment or execution, shall make out 
 his bill on the same, for such compensation, specifying 
 the items therein, to wit, the labor done, and by whom, 
 the time spent, and how long, the money paid, if any, and 
 to whom, and for what ; and in case of attachment, the 
 court, in which the bill of costs shall be finally taxed, 
 may, on consideration, allow therefor, such sum as is just 
 and reasonable, and the same shall be added to, and tax- 
 ed with the costs in the action. 
 
 For levying and collecting every execution, where the 
 money is actually collected and paid over, or where 
 the debt is secured and satisfied by the officer, to the 
 acceptance of the creditor, when the amount of the 
 execution does not exceed three dollars and thirty-four 
 cents, the officer collecting the same, shall be allowed 
 seventeen cents, and two per cent on the amount of 
 the execution, above that sum ; and when the execu- 
 tion shall be levied on the body of the debtor, and he 
 committed to gaol, one per cent on the amount of the 
 execution shall be allowed to the officer, and no more. 
 For attending the trial of any action, before a justice of 
 the peace, where such attendance is necessary, sixty- 
 seven cents. 
 
 For committing any person to gaol, on mesne or final 
 process, twenty cents per mile for travel from the place 
 of arrest to the gaol, in lieu of all other expenses. 
 SECT. 13. No sheriff, constable or other officer shall 
 add, or make any other items of fees, not specified in 
 this act for the service, or return of any civil process 
 whatever, nor for any other purpose, in civil causes, but 
 shall be wholly confined to the fees in this act specified. 
 
 Fees for Parties in civil actions. 
 
 SECT. 14. For attending court, per day, twenty -five cents* 
 For travel to court, per mile three cents. 
 
 Fees for Witnesses in civil causes, taxable in a bill of cost.-. 
 SECT. 15. For attending court, per day, thirty-four cent*. 
 For travel to court, per mile, five cents.
 
 Title 85. Salaries and Feez. 349 
 
 Fees for laying out and viewing Highways. 
 
 SECT. 16. To each committee-man, from the county Laying out 
 court, for laying out a highwav, per day, three dollars, '"g^ways 
 
 rr 1 ' f . . ' ' *, ". , 
 
 lo each jury-man, lor viewing, and reassessing damages 
 on highways, per day, one dollar and fifty cents. 
 
 To the sheriff or deputy-sheritf, for summoning and at- 
 tending on such jury, per day, three dollars. ' 
 
 Fees of Town Clerks. 
 
 SECT. 17. For recording a deed, seventeen cents. Town-clerk? 
 
 Fora copy of a deed, seventeen cents. 
 For other copies and records, the same fees as are allow- 
 ed the clerks of the superior court. 
 For recording a marriage, birth or death, twelve cents. 
 
 Fees of Attorney taxable in a bill of costs. Attorney 
 
 SECT. 18. At the superior court, one dollar and thirty- 
 four cents. 
 At the county court, sixty-seven cents. 
 
 Fees of Gaolers. Gaolers 
 
 SECT. 19. For each commitment and discharge of pris- 
 oner, fifty cents. 
 For dieting each prisoner, per week, such sum as shall be, 
 
 from time to time, allowed by the county court. 
 
 For every bond for the liberties of the prison, one dollar. 
 
 For commission on any sum not exceeding $1 34, $1 00 
 
 do. do. ' 360, 2 25 
 
 do. do. 750, 3 75 
 
 do. do. 1335, 500 
 
 do. do. 2400, 7 50 
 
 do. do. 6000, 15 00 
 
 do. do. 13,350, 2500 
 
 and on any greater sum than 13,350 dollars, three ^ 
 
 sixteenths of one per cent. But if any person shall be 
 
 confined on two or more executions, and separate 
 
 bonds be necessary, the several sums of the executions 
 
 shall be added together, and a computation of fees, 
 
 Biade upon the total, on the principles aforesaid. 
 
 Fees for Writs, Petitions, fyc. taxable in bills of costs. 
 
 SECT. 20. For each common and ordinary writ and de- 
 claration on book or note, exclusive of duty, signing, 
 and bond, fifty cents. 
 
 For all other writs and declarations, or petitions, which 
 do not exceed one page, of two hundred and eighty 
 words, exclusive of duty, signing and bond, one dollar. 
 
 For each succeeding page of the same number of words. 
 
 CfA. 
 
 fifty cents. 
 
 46
 
 350 
 
 <J rand-jurors. 
 
 Witnesses, io 
 criminal caus- 
 es. 
 
 Sheriffs, &c. 
 in criminal 
 Causes. 
 
 Title 85. Salaries and Fee*. 
 
 For bifls in form and reports of auditors, twenty-five cents 
 per page. 
 
 Fees of Grand-Jurors. 
 
 SECT. 21. For attending the superior or county court, 
 each, per day, sixty- seven cents. 
 
 For travel to court, per mile, six cents. 
 
 For attending before a justice court, when their attend- 
 ance is necessary, each, per day, fifty cents. 
 
 Fees of Witnesses in criminal causes. 
 
 SECT. 22. For attendance in superior or county court, 
 and expenses, each, per day, sixty-seven cents. 
 
 For attendance before a justice court, each, per day, thir- 
 ty-four cents. 
 
 For travel to court, per mile, six cents. 
 
 Fees of Sheriff's and other officers, in criminal causes. 
 SECT. 23. For each arrest, fifty cents. 
 For travel with a prisoner, to court, to gaol, or to newgatc 
 
 prison, per mile, twenty-five cents. 
 For travel, to make arrest, per mile, five cents. 
 For attending court with prisoner, when necessary, per 
 
 day, one dollar, //fcf. tf ,//*3 / ^ 
 For setting a prisoner at the bar of a court, each time, 
 
 one dollar. 
 For holding a prisoner in custody, by order of court, one 
 
 dollar per day ; and other reasonable expenses, for 
 
 keepers, &c. to be specified in his bill of items. 
 
 perks in cnm- p ees O f Clerks of Superior and County Courts, in criminal 
 inal causes. j j r j 
 
 causes. 
 
 SECT. 24. For the arraitaament of a prisoner, one dollar.. 
 For calling a bond, entry^and judgment, one dollar. 
 For a warrant, for a commitment to newgate, fifty cents. 
 For a habeas corpus, fifty cents. 
 For a mittimus, twenty-five cents. 
 For a capias, twenty -five cents. 
 
 Fees of Justices of the Peace in criminal causes. 
 
 SECT. 25. For drawing each complaint of grand-juror, or 
 other informing officer, and warrant, the same as for 
 writs, &c. in civil causes. 
 
 For each trial and judgment, when final, fifty cents. 
 
 For each hearing and binding over to the county or su- 
 perior court, or acquittal, seventy-five cents. 
 
 For allowing an appeal, and for copies, the same as in 
 civil causes. 
 
 Justices of 
 peace in crim- 
 inal causes.
 
 Title 85. Salaries and Fee*-. 351 
 
 Fees of State's Attornics. State's- attor* 
 
 SECT. 26. For conducting and pleading each criminal Hies 
 
 cause, not capital, before the superior court, on bill 
 
 found by a grand-jury, nine dollars. 
 For drawing an indictment, or information, one dollar. 
 For a trial before the superior court, in a criminal cause, 
 
 on an information, or for conducting and pleading a 
 
 civil cause, on behalf of the state, seven dollars. 
 For prosecuting a civil cause, on behalf of the state, when 
 
 judgment is given on confession, or default, in the su- 
 perior court, in a criminal cause, five dollars. 
 For a trial in a capital cause, fourteen dollars. 
 For a Nolle-prosequi entered, or a return of a grand-jury, 
 
 " Not a true bill," three dollars and thirty-four cents. 
 For an assistant attorney, in any trial not capital, before 
 
 the superior court, in behalf of the state, an additional 
 
 fee, of three dollars and thirty -four cents. 
 And if in a capital cause, seven dollars. 
 For prosecutions on behalf of the state, in the county 
 
 courts, the state's attorney shall be allowed a sum, not 
 
 exceeding two thirds of the fees, allowed for the like 
 
 services in the superior court. 
 
 Fees of Notaries PubKc. ^ otaries P uli " 
 
 SECT. 27. For noting a bill of exchange, or promissory 
 
 note for protest, twenty-five cents. 
 For entering a protest of the same, fifty cents* . 
 For recording a protest, twenty-five cents. 
 For noting, without protest, fifty cents. , 
 For notice to indorsers, &c. twenty-five cents, each. 
 For travel, per mile, nine cents. 
 For taking acknowledgment of power of attorney, twen^ 
 
 ty-five cents. 
 
 For affixing the notarial seal, twenty-five cents. 
 For a marine protest, two dollars. 
 For each certificate, twenty-five cents. 
 For copies, the same as clerks of the superior court. 
 
 Fees on a trial of Forcible Entry and Detainer* 
 SECT. 28. For the judge, two dollars. 
 For the justice of peace, one dollar^ 
 For each juror, fifty cents. 
 
 For the officer who summons the jury, and attends the 
 court, twQ dollars.
 
 352 
 
 Title 86. Schools. 
 
 School Socie- 
 ties, how con- 
 stituted ; 
 
 mi>. 'iold 
 meetings ; 
 
 elect officers 
 
 TITLE 86. Schools. 
 CHAP. I. 
 
 An Act for the regulation of School Societies, 
 and for the support of Schools. 
 
 SECT. 1. 
 
 may build 
 school-houses 
 
 E it enacted by the Senate and House of Rep - 
 l-resentatives in General Assembly convened, 
 That all inhabitants living within the limits of ecclesias- 
 tical societies incorporated by law, shall constitute school 
 societies, and shall annually meet some time in the months 
 of September, October or November, or at such other 
 time as they may judge proper, at the usual place in such 
 societies for holding meetings, or at such other place as 
 may be designated, by a vote of the society, and when 
 any school society meeting is to be holden, a notification, 
 specifying the objects for which it is to be held, signed by 
 the committee of the society, or a major part of them, or 
 if there be no committee, by the clerk, and set upon the 
 sign-post in the society, or published in a newspaper 
 printed within the same, at least five days inclusively, be- 
 fore the meeting is to be held, shall be sufficient notice to 
 the qualified voters to attend such meeting ; and any 
 school society, at an annual meeting, may designate and 
 determine upon any other place or places, in addition to 
 the sign-post or school-house, at which the notification 
 aforesaid shall be set up ; and being lawfully assembled, 
 they shall choose a moderator, a clerk, a treasurer, and 
 three or more of their members to be a committee, to or- 
 der the affairs of the society for the year ensuing. The 
 clerk shall take the oath prescribed by law, and shall 
 _ make entries of all the votes and proceedings of the so- 
 ciety, a copy of which, attested by him, shall be legal ev- 
 idence in all courts, and he shall continue in office till 
 another is chosen and sworn in his room : and if any per- 
 son, duly appointed to an office, shall refuse to accept 
 and execute it, he shall suffer the penalty which town of- 
 ficers are liable to, for not accepting an office. 
 
 SECT. 2. School societies, in legal meeting, shall have 
 power to lay taxes, to build and repair school-houses, and 
 to support schools ; and to make any lawful agreements, 
 for such purposes.(l) 
 
 (1) The people of Connecticut have al- 
 ways considered the education of chil- 
 dren to be a subject of primary import- 
 ance, and have attended to it with pecul- 
 
 iar solicitude. At an early period, they 
 made provision for common schools, for 
 the purpose of disseminating the most 
 necessary and usefu4 knowledge to every
 
 Title 86. Schools. 
 
 SECT. 3. Each school society shall have power to di- may establish 
 vide itself into and establish proper and necessary dis- sch o1 dlstnct5 
 tricts for keeping schools, and to alter them from time to 
 time as there may be occasion : and whenever it may be 
 necessary and convenient to form a district of two or 
 more adjoining societies, such district may be formed by 
 the vote of said societies, and altered or dissolved at their 
 pleasure : and every such district shall be under the in- 
 spection and superintendance of the society where the 
 shool-house shall be situated : and when such district 
 shall agree to build a school-house, the place on which 
 the same shall be erected, shall be. fixed by a committee Place for erect- 
 agreed on by said societies, upon application of said dis- oule how fix- 4 
 trict, or any part thereof; and the committee shall re- ed. 
 turn their doings, in writing, to the clerk of the society 
 within the limits of which the place shall be fixed ; which 
 shall be recorded. 
 
 part of the community. Prior to the re- 
 vision in 1672, a regulation was made, 
 that in every town where there were 
 more than fifty householders, a school 
 should be kept, to teach the children to 
 read and write ; that a grammar school 
 should be kept in each county town ; 
 and that the master should be paid by the 
 parents, or inhabitants in general. Jn 
 1700, a law was made, requiring, that in 
 every town having seventy or more house- 
 holders, a constant school should be kept ; 
 and where there were less than seventy, 
 a school should be kept half the time. In 
 this year, a most effectual provision was 
 made for the support of common schools. 
 The law directed, that the inhabitants of 
 every town should pay forty shillings on 
 their lists, for the support of the school- 
 master, to be collected with the public or 
 county tax ; and if any town failed to 
 provide a school-master according to law, 
 this sum was to be collected, and paid to 
 the county treasury, as a fine upon such 
 negligent town : and where this fund was 
 insufficient to support the school, the de- 
 ficiency was to be made up, one half by 
 the inhabitants of (be town, and the other 
 half by the parents or masters of the chil- 
 dren. In 1717, a statute was passed, re- 
 quiring that in every society or parish, in 
 which there were seventy families, a 
 school should be kept at least eleven 
 months in the year ; and where there was 
 a less number, not less than half a year : 
 and authorizing the major part of the 
 householders in each society, to lay and 
 collect taxes for the support of schools. 
 In 1766, each town and society were em- 
 powered to divide themselves into dis- 
 tricts, and to alter the same : and each 
 
 district was entitled to draw its propor- 
 tion of the public money, according to 
 their list. 
 
 Various funds, from time to time, were 
 provided for the support of schools. In 
 1733, the avails of the sale of seven towns 
 in the western part of the colony, were 
 divided among the several towns ; the 
 interest to be applied to the support of 
 schools for ever. In 1765, certain sums 
 of money due for excise on goods, were 
 appropriated in the same manner. 
 
 In 1795, the legislature passed an act 
 appropriating the money arising from the 
 sale of the western reserve, to be a per- 
 petual fund, the interest of which should 
 annually be applied to the use of schools 
 throughout the state. These lands sold 
 for the sum of one million two hundred 
 thousand dollars, which has since been 
 increased to one million seven hundred 
 thousand dollars, the annual interest of 
 which is destined, and pledged, by the 
 constitution, to the support of public or 
 common schools. This will for ever fur- 
 nish an ample and sufficient fund for that 
 interesting and all important object. 
 
 The business respecting schools, was, 
 for a long time, transacted in towns, or in 
 ecclesiastical societies, where there were 
 more than one in a town. This wa= suf- 
 ficiently convenient so long as nearly all 
 the members, living within the same 
 local limits, belonged to the same eccle- 
 siastical society. But when various reli- 
 gious societies were formed in the same 
 limits, it was found more convenient to 
 form all the inhabitants wilhin the limits 
 of ecclesiastical societies into school so- 
 cieties, and separate them from the eccle- 
 siastical soeietie*.
 
 354 
 
 Title 86. Schools. 
 
 Power to dis- 
 *olve or alter 
 incorporated 
 districts. 
 
 Or annex them 
 to other dis- 
 tricts. 
 
 May appoint a 
 committee for 
 each district. 
 
 His duty. 
 
 Powers of 
 School districts. 
 
 SECT. 4. Every school society shall have power, on- 
 application duly made, by any district, incorporated by 
 special act of the general assembly, lying within the local 
 limits of such society, to dissolve or alter such district, in 
 the same manner as if said district had been constituted 
 by such society, in case two thirds of the inhabitants of 
 said district, present at a legal meeting, warned for that 
 purpose, and qualified to vote, shall agree to make such 
 application. Whenever the parts of any district, incor- 
 porated by special act of the general assembly, shall be 
 situated in two or more distinct school societies, soch 
 district shall not be dissolved but by the vote of each of 
 said societies, on application to them respectively made 
 as aforesaid. 
 
 SECT. 5. Each school society shall have power to an- 
 nex any district within its limits, formed by an act of the 
 general assembly, to other adjoining districts, or to form 
 it into two or more districts, as may be most convenient^ 
 provided, such district, in a legal meeting, shall consent 
 to waive the benefit of the act of incorporation ; and 
 when such district shall be annexed to other adjoining 
 districts, the funds of such district, if any there be, shall 
 be divided as they shall agree, by a major vote, in a legal 
 meeting : and when such district is divided into two or 
 more districts, the funds shall be distributed in proportion 
 to their respective lists. 
 
 SECT. 6. The several school societies in this state shall 
 be, and they hereby are, authorized, at their annual meet- 
 ings, to appoint one, three, or five persons, to be a com- 
 mittee in each school district within their respective lim- 
 its, whose duty it shall be to manage the concerns of the 
 district, and to provide an instructor for the school, with 
 the assent of the district, and the approbation of the vis- 
 itors of the school society. 
 
 SECT. 7. The inhabitants of school districts, shall, in 
 their lawful meetings, by a major vote, have power to 
 appoint a clerk, who shall be sworn, and whose duty it 
 shall be to make true entries of all their votes and pro- 
 ceedings, and to give attested copies thereof, which shall 
 be legal evidence in all courts ; to appoint a treasurer, 
 who shall be sworn to a faithful discharge of his trust, and 
 who shall receive all monies belonging to the district, and 
 pay out the same to the order of the district, or the com- 
 mittee, and render his account annually ; to make rules 
 relative to the school-house, and to damages done the 
 same, and to the furniture and appendages, and relative 
 to the wood to be supplied by the inhabitants ; and to 
 compel obedience, by denying the privilege of the school, 
 .to .the children of those who refuse a compliance with
 
 Title 86. Schools, 35.5 
 
 rules ; to build and provide a school-house ; and to 
 lay taxes, for the purpose of building and repairing, or 
 otherwise procuring, a school-house for said district, of 
 furnishing the house with the necessary appendages and 
 accommodations, and of purchasing suitable ground on 
 which to erect such school-house, and of supplying wood } 
 and to appoint a collector to collect such taxes as by 
 them shall be laid, who shall have the same power to levy Collector., 
 and collect such taxes, by warrant from a justice of the 
 peace, as collectors of town taxes have by law, and shall 
 be responsible, in the same manner, for any neglect. 
 And every person who shall be duly chosen, by any school 
 district, to be a collector, and shall neglect or refuse to 
 serve in such office, if he be able in person to execute the 
 same, shall forfeit the sum of five dollars, to the treasurer Penalty % 
 of the school society, in which the district is located, un- ne g' ec t to 
 less he can make it appear, that he is oppressed by such S 
 appointment, and that others are unjustly exempted ; 
 any justice of the peace to hear and determine the same. 
 And the several school societies and school districts, are constables may 
 authorized to appoint either of the constables of the town be appointed, 
 or towns in which such school society or district may be 
 situated, to be collector of the taxes of such school soci- 
 ety or district, whether such constable belong to said dis- 
 trict or society, or not; and when any collector shall die, or 
 resign,it shall be the duty of the society or district,to appoint 
 a collector, within three months thereafter, in the place of Vacancies to be 
 the one who may have died or resigned. And "whenever a filled 
 district shall agree to build a school-house, the place 
 where it shall be erected, (unless the inhabitants of the 
 district unanimously agree on the place,) shall be fixed, by 
 a committee appointed by the school society for that 
 purpose, who shall return their doings in writing to the 
 clerk of the society, which shall be by him recorded. And 
 all meetings of school districts shall be called by the 
 committee thereof, appointed by the school society ; and 
 when any such meeting is to be holden, a notification, 
 specifying the objects for which it is to be held, signed by 
 the committee for such district, and set up6n the sign- 
 post in the district, or if there be no such sign-post, upon 
 the school-house in the district, or published in a news- 
 paper printed within the same, at least five days inclusive- 
 ly before the meeting is to be held, shall be sufficient no- 
 tice to the qualified voters to attend such meeting ; and 
 any school district, at any meeting, may designate and de- 
 termine upon any other place or places in addition to the 
 sign-post or school-house, at which the notification afore- 
 said shall be set up.
 
 Title JiO. Schools. 
 
 Qualification of SECT. 8. All white male persons, living within the lim- 
 its of any school society or school district, qualified to 
 vole in town meetings, shall be qualified to vote in all 
 meetings of such society or district, respectively ; and no 
 other person or persons shall be allowed to vote in such 
 meetings. 
 
 SECT. 9. Each school society shall appoint a suitable 
 number of persons, not exceeding nine, of competent 
 skill in letters, to be overseers, or visitors of the schools 
 in such society, whose duty it shall be to examine the in- 
 structors, and to displace such as may be found deficient 
 in any requisite qualification, or who will not conform to 
 the regulations by them adopted ; to superintend and di- 
 rect the general instruction of the scholars ; and to v isit 
 the schools twice at least, during each season for school- 
 ing ; at which visitations two or more of them shall be 
 present, when they may require from the master such ex- 
 ercises of the youth, as will show their proficiency in 
 learning. 
 
 School-masters SECT. 10. No person shall keep a djstrict school, until 
 must be appro- he has been examined, and approved, by the visitors of 
 
 ' the school society, to which the district belongs, and shall 
 receive a certificate of such examination and approbation, 
 subscribed by such visitors, or a majority of them, or by 
 a committee consisting of not less, than three of their 
 number, to be appointed by such-v-isitors, or a majority of 
 
 School of a them, in any of their meetings, which appointment such 
 
 higher order, visitors are hereby authorized to make. 
 
 SECT. 11. Any school society shall have liberty, by a 
 vote of two thirds of the inhabitants present, in a legal 
 meeting warned for that purpose, to institute a school of 
 a higher order, for the common benefit of the society, the 
 object of which shall be to instructlhe youth in English 
 grammer, composition, geography and the learned lan- 
 guages ; and no pupil shall be admitted into such school 
 till he shall have passed through the ordinary course of 
 instruction in the common schools, and has arrived to 
 such maturity of years and understanding, as to be capa- 
 ble of pursuing the higher branches of learning in such 
 school. And the visitors of the schools in each school so- 
 ciety, or a majority of them, shall have power to admit 
 such number of pupils to the school of a higher order as 
 can conveniently be instructed in it, and in such course 
 as will give to all an equal opportunity ; and the school 
 money shall be apportioned according to the number of 
 scholars, between the ages of four and sixteen, that at- 
 tend the school of a higher order from any district, and 
 those that attend the common school in the same district.
 
 Title 86. Schools. 357 
 
 T. 12. The committee of each school society, or School society 
 
 such other person or persons, as such society shall an- C0 1 namittec j., 
 
 i i ii i , , / 11 i i take care of the 
 
 point, snail nave power to take care ol all bonds, or other funds O f the so- 
 
 securities, or monies, which have heretofore heen divided ciety. 
 and set out to such society for the bcneiit of schools, and 
 now belong to the same : and of all lands and other es- 
 tates, which have been granted or sequestered to the use 
 of schools, and now belong to such society, and to loan 
 such monies and to lease such lands or real estate, and to 
 take bonds, leases, or other securities to themselves and 
 their successors in office, for the use aforesaid ; and to 
 institute suits thereon, and the same pursue to final judg- < t 
 
 merit and execution ; which bonds, leases, and other sc- , - 
 curities shall be lodged with the treasurer of such society, 
 under the direction of said committee, who shall collect 
 and receive the annual proceeds of such funds, and ac- 
 count for and pay over the same to jthe treasurer of said 
 society, for the use of schools therein : Provided, that Proviso, as to 
 
 this act shall not extend to the grant of any estate for the g ran f Wl f h 
 
 sr)cci3.l dircc* 
 use of schools, in any town or society where the donor or t 
 
 grantor has committed the care and management of such 
 estate to particular persons, with directions for a con- 
 tinual succession in said trust : or where the general as- 
 sembly has committed the disposition of the profits of 
 such estate to a committee, in continual succession. 
 
 SECT. 1 3. A sum equal to two dollars upon every thou- 
 sand dollars of the amount of the assessment lists, of the 1000 dollars, 
 
 year preceding, shall be, and the same is hereby annually for /e of cont- 
 
 , i c xi f fL j. i A mon schools. 
 
 appropriated, out of the monies arising irom the state tax, 
 
 to be applied for the use and benefit of common schools 
 in this state ; to be drawn from the treasury, under the 
 direction of the comptroller of public accounts, at the 
 same time, and in the same manner, as the interest ari- 
 sing from the school fund, as iu this act is hereafter pro- proviso, that 
 vided; Provided, that whenever,^ any year, the amount excess of 
 of interest arising from the school fund, and to be divi- dividenc] in over 
 ded to the school societies, shall exceed sixty-two thou- $62,ooo,' shall 
 sand dollars, the amount of such excess shall, for said jf "Sf^fhi? 
 year, so far diminish the sum hereby appropriated, from appropriation, 
 the avails of the state tax. 
 
 SECT. 14. The interest of the monies arising from the Interes t of 
 fund, called the school fund, as the same shall, from time ^Vpaid to state 
 to time, be collected, shall be paid to the treasurer of this treasurer, 
 state. And the school societies, which shall conform to Principle of 
 the provisions of this act, shall be entitled to the said in- apportioning 
 terest after deducting all expenses attending the school g"^^ fun A 
 fund, to be distributed to them, severally, according to 
 the number of persons in such society, between the ages 
 of four and sixteen years, to be enumerated and ascer- 
 
 47
 
 358 
 
 Title 86. Schools. 
 
 Enumeration 
 of scholars. 
 
 Form of return. 
 
 Form of certi- 
 ficate from 
 school society 
 committee. 
 
 Proviso, as to 
 the same per- 
 son returned in 
 different dis- 
 tricts. 
 
 Lists and re- 
 turns to be lodg- 
 
 tained in the following manner, to wit : The committee 
 of each school shall, in the month of August annually, 
 enumerate all persons residing and belonging within such 
 district, on the first Monday of said month between the 
 ages aforesaid, and make return thereof, together with the 
 name of each person, to the committee of the school so- 
 ciety, within said month, certified in writing, under the 
 hand of said committee, and sworn to before a magistrate, 
 according to the following form, to wit : " I hereby cer- 
 tify, that I have carefully enumerated all persons, between 
 the ages of four and sixteen, within the school district of 
 which lam committee, arid 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. School District Committee." 
 
 " On this day of A. D. personally ap- 
 
 peared, the above named committee, and made oath to 
 the truth of the above return, by him subscribed. 
 
 Before me, C. D. justice of the peace." 
 
 And the school society committee shall, from the sa'd 
 certificates, so returned to' them, prepare and transmit to 
 the comptroller of public accounts, on or before the fif- 
 teenth day of September annually, a certificate, sworn to, 
 according to the following form, to wit : " We, the com- 
 mittee of the school society, in the town 
 of , do certify, that from the returns made to 
 us, by the committee of the several school districts, with- 
 in this school society, under oath, 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 age? of four and six- 
 teen years ; and from the best information we have ob- 
 tained, we verily believe the eaid returns made to us, are 
 correct. 
 
 ) School Society 
 5 Committee." 
 
 " On this day of A. D. , personally 
 
 appeared the above named committee, and made oath te 
 the truth of the above certificate, by them subscribed. 
 Before me, C. D. justice of the peace." 
 
 And the committee aforesaid, shall, in making out said 
 returns, insert therein the number of persons, in words at 
 full length : Provided, however, that in case the same 
 person shall be returned by the committee of different dis- 
 tricts, it shall be the duty of the committee of the school 
 society, to determine to which district such person be- 
 longs. And provided also, that the s-id lists and returns, 
 so made to said school society comnuUee, shall be lodged
 
 Title 86. Schools. 359- 
 
 with the treasurer of such society, and be by him pre- ed with society 
 served for the use of said society. treasurer. 
 
 SECT. 15. The comptroller of public accounts shall, on Comptroller to 
 
 applicat'on of the committee of any school society, draw draw orders on 
 j ,. f ,. J ' treasurer in fa- 
 
 an order on the treasurer lor suCh proportion or amount vor of school 
 
 as such school society may be entitled to, of all monies, societies, for. 
 by law appropriated for the benefit, support and encour- scl1001 mone y- 
 agement of public or common schools, which may be in 
 his hands, or in the hands of the treasurer, on the tirst 
 days of March and October, annually to be divided and 
 apportioned to such school societies, according to the re- To be appor- 
 turns so made to him by the committee of said society, in \ l ^ return^ 
 conformity to the provisions of this act. And each school 
 society shall divide the same among the several districts 
 therein, on the principles aforesaid, agreeably to the re- . 
 turns so made to them as aforesaid. Provided however, 
 that no order shall be drawn in favor of any society as 
 aforesaid, nor shall the treasurer pay the monies directed 
 to be paid by this act, until the committee of such society. Certificate of 
 shall certify in writing, under their hands, in the words school socieiy 
 following to wit : " We, the committee of the Forrn 1 ' 
 
 school society, in the town of do certify, that the 
 
 schools in said society, have been kept for the year, end- 
 ing the thirtieth day of September last, by instructors du- 
 ly appointed and approved, and in all respects according 
 to law ; and that all the monies drawn from the public 
 treasury, by said society, for said year, appropriated^ 
 schooling, have been faithfully applied and expended 'in 
 paying and boarding said instructors. 
 
 Dated at the day of A. D. 
 
 ) School Society 
 ^ Committee. 
 To the comptroller of public accounts." 
 
 SECT. 16. All the money provided for the use of Sch ] . m ., De 7 
 
 ,, i 11 i j to be divided 
 
 schools, received by the committee, shall be paid over to among t h e dis- 
 the treasurer of the society, who shall stand charged with, tricts. 
 and shall account for, the same ; and the committee shall, 
 from time to time, receive, examine and liquidate the ac- 
 counts of the districts, and parts of districts, if any be, and 
 where such districts, and those to which such parts of dis- 
 tricts shall belong, have kept their schools according to 
 the provisions of this act, shall draw orders on the socie- 
 ty treasurer for their proportion of all the public monies 
 appropriated to the use-of schools, according to the num- 
 ber of persons between the ages of four and sixteen, in 
 
 , i-,. , Provision 
 
 such district. , where the ct , 
 
 . SECT. 17. Whenever the expense of keeping a school, pen ses of the 
 by an instructor, approved according to law, shall exceed school exceed 
 the amount of all the public money appropriated by law e y scfc
 
 360 Title 8(3. Schools. 
 
 to defray the expense of such school, the committee, m 
 such district, for the time being, with such other person 
 or persons as the said district, at a legal meeting, warned 
 and held for that purpose, may appoint, are hereby con- 
 stituted a board, to examine, adjust, and allow, all bilk 
 of expense, accruing for the support of schools, in said 
 district, and apportion such deficiency among the propri- 
 etors of said school, according to the number of days that 
 any person or persons may have sent any scholar or schol- 
 ars, to school : and if the number of days cannot be as- 
 certained, then according to the number of scholars. And 
 any justice of the peace, living in the town where such 
 school has been kept, shall have power to grant a war- 
 rant, directed to the collector of school tftxes, in such 
 district, in the same manner as is by law provided for the 
 collection of town taxes. 
 
 Children not to SECT. 18. No child or children shall be denied the 
 be precluded privilege of attending school in any school district estab- 
 for inability of lished by law in this state, to which such child or children 
 parent, &c. do belong, for, or on account of the inability of the pa- 
 rent or parents, guardian, or master of such child or chil- 
 dren to supply his, her or their proportion of wood in 
 such district any law to the contrary notwithstanding. 
 Proviso, that Provided, that nothing in this section shall be so constru- 
 
 payment may ef j ag ^ Q p reven the committee of any school district from 
 
 be enforced by . * > 
 
 law. enforcing payment, by due process ot law, to recover any 
 
 sum or sums of money due from any person or persons to 
 such district, for his, her or their proportion of wood as 
 aforesaid. 
 Misapplication SECT. 19. If any money, appropriated to the use of 
 
 of school mo- spools, shall be applied, by a school society, to any oth- 
 ey a forfeiture. , u i f f . 
 
 er purpose, the same shall be foneited to the state, and it 
 
 shall be the duty of the comptroller to sue for such mo- 
 ney, for the use of the state. 
 
 SECT. 20. And if any committee shall, at any time, 
 make a false certificate, by which money shall be fraud- 
 ulently drawn from the treasury of the state, eachperson 
 signing such false certificate, 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 comptroll- 
 er, to bring forward a suit to recover the same accor- 
 dingly. 
 
 fchoorsocieties SECT. 21. School societies shall have power to pro- 
 in relation to vide a hearse and pall, for the burial of the dead, and to 
 burials, fac. procure and hold lands for burying-grounds, and to make 
 regulations to fence the same, and to preserve the mon- 
 uments erected therein, and to lay and collect the neces- 
 sary taxes for that purpose, in the same manner as other 
 taxes are collected. Provided, that this act shall not ex-
 
 Title 86. Schools. ;i61 
 
 * 
 
 tend to affect the regulations of towns, or incorporated 
 ecclesiastical societies, or other religious societies or con- 
 gregations, who have separate burying-grounds ; and such 
 towns and societies, shall have all the power given by 
 this section to school societies. 
 
 CHAP. II. 
 
 An Act relating to the School Fund. 
 
 t 
 
 1 T^ ^ ^ enacted by the Senate and House ofRt.f- 
 iJ resenlatives, inGcncral Assembly convened, 
 
 That the commissioner of the school fund, shall take the ? th . of com ; 
 
 ,. -111 f n- missioner ot 
 
 oath prescribed by the constitution, ior executive om- school fund, 
 cers. He shall superintend and take care of all proper- His duties, 
 ty belonging to said fund, and the interest arising on the 
 same ; he shall cause the nett amount of interest, receiv- 
 ed yearly on said fund, to be distributed, for the benefit 
 of the public or common schools, according to iaw ; and 
 on the sale of any of the lands or real estate, belonging 
 to said fund, which the commissioner is hereby authorized 
 to make, he shall prepare all necessary deeds of release 
 or conveyance to be executed by the treasurer of the 
 state, which he is hereby authorized, on the request of 
 the commissioner, to execute, and to cause the seal of the 
 state to be affixed thereto. 
 
 SECT. 2. The commissioner shall cause all debts due Property be- 
 the school fund, on bond, or otherwise, and all bank IchffiJndto 
 stock and other property, belonging to said fund, to be be registered, 
 registered in books to be kept in his office, in which shall 
 be opened an account with each debtor, shewing the 
 place of his residence, the amount of his debt, the secu- 
 rity therefor, and the estimated value thereof: the regis- 
 try of the lands shall shew their extent and value, distin- 
 guishing new, from cultivated lands. 
 
 SECT. 3. The commissioner shall, on or before the se- Duplicate ab- 
 cond day of September, one thousand eight hundred and stracts - 
 twenty-one, make duplicate abstracts from his books, of 
 all property belonging to said fund ; in which shall be 
 entered the names of the obligors, in alphabetical order, 
 in classes, according to the states to which they belong, 
 their places of residence, the number and date of the 
 bond, the amount due on the second day of September, 
 one thousand eight hundred and twenty, as principal, and 
 as interest, with the amount and situation of the securi- 
 ty, and its estimated value : said abstracts shall also con- 
 tain an account of all the lands belonging to said fund, 
 distinguishing new, from cultivated lands, and stating their
 
 362 Title 86. Schools. 
 
 situation and estimated value ; and also the amount of 
 bank or other stock, belonging to said fund, which ab- 
 stracts shall be certified by the commissioner, to contain 
 correct statements of all the property belonging to said 
 fund, and that the same is duly registered in the books in 
 his office, and shall, by him, be lodged in the office of the 
 comptroller, who shall make a certificate on one of said 
 abstracts, that it is a correct duplicate of the one remain- 
 ing in his office, and deposit the same for safe-keeping, in 
 the vaults of the Phoenix Bank, in the city of Hartford. 
 
 fund ^ n( ^ ^ e comrmss i ner s ^ la ^ a ^ s 5 m a convenient time, 
 bonds. lodge in the comptroller's office, certified copies of all 
 
 the school fund bonds in his office, or which shall here- 
 after be received, which copies the comptroller shall, in 
 like manner, deposit in the Phoenix Bank ; which depos- 
 its shall be subject to the order of the governor. 
 
 Copies of SECT. 4. The commissioner shall require copies of all 
 
 hands of agents, bonds in the hands of agents, certified by them to be true 
 copies ofthe originals, in their hands for collection, which 
 copies shall be kept in his office. 
 
 Annual ab- SECT. 5. The commissioners shall, annually, on the 
 
 ge7of S propertv ^ rs * ^ a ^ ^ April, make duplicate abstracts from his 
 books, of all changes or alterations of the debts or prop- 
 erty of the school fund, in which shall be entered an ac- 
 count of all payments of the principal of school fund 
 bonds, for one year, ending the second day ofthe preced- 
 ing September, and of all bonds, bank and other stock, 
 and property of every description, acquired by purchase, 
 exchange, or otherwise, during the same period ; and the 
 commissioner shall certify said abstracts to be correct, 
 and shall lodge the same in the office ofthe comptroller, 
 who shall certify one of said abstracts to be a correct du- 
 plicate of the other remaining in his office, and deposit 
 the same for safe-keeping, in the vaults of said Phoenix 
 Bank, subject to the order ofthe governor. 
 
 Index of the SECT. 6. The commissioner shall, on or before the se- 
 
 amount of m- con( j j a y o f September, in each year, make and deliver 
 
 made annually, to the treasurer, an index, containing a statement of the 
 
 amount of interest due on that day, from each debtor to 
 
 the school fund, whose bond is lodged in the office ofthe 
 
 commissioner ; which index shall contain the name of 
 
 each debtor, in alphabetical order, his place of residence, 
 
 the number ofthe bond, and the amount due on said day 
 
 for principal and for interest. 
 
 Dutyoftreasur- SECT. 7. The treasurer shall receive all monies paid 
 
 to'schooffund" on account of the school-fund, as well for principal as 
 
 for interest, and give duplicate receipts therefor, one to 
 
 the debtor, and the other to be lodged in the office of the 
 
 commissioner ; shall keep separate and distinct account?
 
 Title 87. Secret Assaults. 363 
 
 of each, and shall pay over said monies to orders drawn 
 according to law ; and shall deliver to the comptroller, 
 OP the first days of March and October, in each year a 
 statement of the nett amount of interest, and other reve- 
 nue, paid into the treasury, on account of the school 
 fund ; and the comptroller shall, on application of the 
 committee of any school society, draw an order on the 
 treasurer, for the amount legally due such society. 
 
 SECT. 8. It shall be the duty of the comptroller, semi- Duty of the 
 annually, in the months of April and October, to settle com P troller 
 the accounts of the commissioner, and draw on the treas- 
 urer for the balance due him, which, together with all le- 
 gal and necessary expenses in managing the fund, shall be 
 paid out of the revenue arising therefrom. 
 
 SECT. 9. The commissioner of the school fund is here- Clerk of com- 
 by authorized to appoint a clerk in his office, for such 
 portion of time as he shall judge necessary ; which clerk 
 shall take the oath prescribed by the constitution for ex- 
 ecutive officers. 
 
 SECT. 10. In case the office of the commissioner of the Vacancy in 
 school fund shall become vacant, by death or otherwise, er'^offi^e'l'ow 
 during the recess of the general assembly, the governor supplied. 
 is hereby authorized to fill such vacancy, by appointing 
 .a person to perform the duties of commissioner as afore- 
 said, until the rising of the then next general assembly. 
 
 TITLE 87. Secret Assaults. 
 
 An Act for the detection and punishment of Se- 
 cret Assaults. 
 
 TTE E it enacted by the Senate and House of Rep- 
 MJ resentatives, in General Assembly convened, 
 That if any person shall break the peace, by secretly 
 assaulting, beating, maiming, wounding or hurting anoth- 
 er, upon application and complaint of the person, so as- ODQ P "" 
 saulted and injured, to a justice of the peace, shewing 
 him what wounds or hurt he has received thereby, such 
 justice shall forthwith issue a warrant, directed to some Warrant 
 proper officer, commanding him to arrest such offender, 
 and bring him before such justice, to answer such com- 
 plaint ; who, upon oath being made against him of such 
 assault, and of the wounds or injuries thereby received, 
 by the .person assaulted and injured, shall be bound in a 
 sufficient bond, with sureties, to the adverse party, to ap- 
 pear at the next county court in that county, and answer 
 to the complaint aforesaid, and pay all such damages as
 
 361 
 
 Commitment, 
 on refusal to 
 give bond. 
 
 Trial. 
 
 Judgment. 
 Damages. 
 
 Fine. 
 
 Title 08. Secretary. 
 
 shall be awarded against him, by the final judgment of 
 said court ; aad, in case of refusal to become bound as 
 aforesaid, ;-uch person so complained of, shall be com- 
 mitted to the common gaol of the county, there to remain 
 until discharged according to law. 
 
 SECT. 2. And if the person so bound or committed 
 shall not, on trial of the cause, satisfy the triers, that he 
 was not the person who made the assault complained of. 
 he shall be found and adjudged guilty ; and shall be sen- 
 tenced to pay the person assaulted and injured, all such 
 damages as he shall have sustained, by such assault and 
 beating ; and shall also pay to the treasurer of the county- 
 such fine as the said court shall impose, not exceeding the 
 sum of sixty-seven dollars ; and stand committed until 
 euch sentence shall be performed. 
 
 General pow- 
 ess and duties. 
 
 Publication 
 nd distribu- 
 tion of public 
 acts. 
 
 TITLE 88. Secretary. 
 An Act relating to the office and duty of the 
 
 SECT. 1. 
 
 Secretary of State. 
 
 (E it enacted by the Senate and House ofRfp- 
 resentatives, in General Assembly convened, 
 That the secretary of the state shall have the safe-keep- 
 ing and custody of all the public records and documents, 
 and particularly, of the acts, resolutions and orders of the 
 general assembly, and shall record all acts, orders, grants, 
 and resolutions, passed by the general assembly, and give 
 true copies thereof, when required. He shall be the 
 keeper of the seal of the state, which shall not be altered, 
 and shall affix the same to acts, laws, orders, commissions, 
 instruments and certificates, in all cases required by law, 
 or when remit: ted by particular persons, having occa- 
 sion therefor. 
 
 SECT. 2. And he shall, at the end of every session of 
 the legislature, cause the public acts to be printed and 
 published in the several newspapers in the state, the pub- 
 plishers of which shall be allowed, by the comptroller, 
 at the rate of tw r enty-five cents for each law page. And 
 he shall also cause such public acts to be printed, in a 
 convenient form, and distributed as follows, to wit : he 
 shall transmit to the president of the United States, and 
 to the heads of departments, one copy, each ; three copies 
 to the executive of each state in the Union, -of which one 
 copy shall be for the use of the executive, one |er the 
 use of the senate, and one for the house of representatives 
 of such state ; one copy to the clerk of the supreme cour!
 
 \ >, 
 
 Title 89. Sewers.. 365 
 
 % , 
 
 of the United States, for the use of such court; one copy 
 to the librarian of Congress, to belong to the library : and 
 the rest of the public acts, together with the laws of the 
 United States, "that shall, from time to time, be transmit- 
 ted, by the national executive, to the executive of this 
 state, for the use of the state, shall be distributed in man- 
 ner following ; that is to say, to the governor, lieutenant- 
 governor, treasurer, secretary, comptroller, and commis- 
 sioner of the school-fund, one copy, each : to the adju- 
 tant-general, one copy ; to the judges and clerks of the 
 superior court, one copy, each ; to the reporter of judi- 
 cial decisions, one copy ; to the judges of the several 
 county courts, one copy, each ; to the sheriffs of the seve- 
 ral counties, one copy, each ; to be kept by the said ex- 
 exutive officers and clerks, in their respective offices, and 
 from them to pass and be transmitted to their successors; 
 and the residue to the several towns, in proportion to 
 their respective lists last returned to the comptroller's 
 office, to be disposed of as they may direct ; and it shall 
 be the duty of the secretary to ^ make the distribution ac- 
 cordingly. 
 
 SECT. 3. It shall be his duty, annually, within thirty Publication 
 days after the rising of the general assembly, to publish 
 in the same newspapers, in which the laws are published, er's report 
 that part of the comptroller's report, that designates the 
 expenditure and receipts of all monies, relating to the 
 current expenses of government ; and also, that part of 
 said report relating to expenditures and receipts of all 
 monies, appropriated for investments in bank stock, or 
 funded debt of the United States ; and also, the summary 
 statement of the permanent funds of the state, and how 
 the same are invested ; and a statement of all the, debts 
 due from the state. 
 
 TITLE 89. Sewers. 
 
 An Act appointing and directing Commissioners 
 of Sewers and Scavengers. 
 
 E it enacted by the senate and House of Rep 
 SECT. 1. -* - - ~ - 
 
 \J V M. 
 
 resentatives in General Assembly convened, 
 
 That the county courts in the respective counties, are Commissioners 
 hereby authorized and empowered, upon application to 
 them made, by the major part of the proprietors of mead- 
 ow, marshy and low lands, or grounds which are injured 
 by the overflowing of waters, and of swampy land, which 
 may be rendered valuable, by drowning and draining the 
 *ame. to grant a commission of sewers, to such and go 
 
 48
 
 36G 
 
 Title <>9. Seicsrs. 
 
 Powers of com 
 rnissioners. 
 
 Collectors. 
 Their power. 
 
 Power to hold 
 the lands of ne- 
 gligent proprie- 
 tprs. 
 
 Commissioners 
 to be sworn. 
 
 Compensation. 
 
 Appeal. 
 
 Notice to be 
 given, when, 
 petition is 
 brought. 
 
 i 
 
 Meeting of pro 
 prietors. 
 
 many able and discreet persons as they shall judge expe- 
 dient, for clearing and removing the banks and obstruc- 
 tions of the passages of the water in rivers, brooks, streams, 
 or ponds, which occasion the overflowing and drowning 
 of meadows, swamps, and low lands ; and also, for the 
 flowing and draining of swamps, and other unprofitable 
 grounds ; and also, for damming, to prevent the water 
 from overflowing marshy and flat lands : which commis- 
 sion shall be signed by the clerk of the court granting the 
 same ; and the commissioners shall have power to do the 
 services aforesaid : and for that purpose, may employ 
 workmen and laborers, in a reasonable manner, and may 
 assess the proprietors of such lands, to defray the charges, 
 according to their quantity of land, and the benefits they 
 receive, in such proportion as they shall judge to be equal 
 and just ; and to appoint and swear a collector or collec- 
 tors, to collect such assessments, and pay the same to such 
 persons as they shall appoint to receive it ; which col- 
 lectors shall have the same power as the collectors of 
 state taxes, and shall be accountable to the commissioners 
 appointing them. And if any proprietor of such lands 
 shall be unable, or shall neglect to pay his proportion of 
 such assessments, it shall be lawful for the other proprie- 
 tors concerned therein, to pay the same, and to hold the, 
 lands of the person so neglecting or refusing, until the 
 profits of such lands shall be sufficient to reimburse them, 
 according to the judgment of the commissioners. 
 
 SECT. 2. The commissioners shall be sworn to a faith- 
 ful discharge of their trust, and shall receive such com- 
 pensation for their services, as the court appointing them 
 shall aliow ; and they shall render their account to said 
 court, when required. And if any person shall be ag- 
 grieved, by the proceedings of such commissioners, he or 
 she may appeal or complain to such county court, who 
 shall grant them such relief as the nature of the case may 
 require. 
 
 SECT. 3. When any petition shall be brought, in pur- 
 suance of the provisions of this act, notice thereof in wri- 
 ting shall be given to all the proprietors named in the pe- 
 tition, who have not subscribed the same, at least twelve 
 days previous to the sitting of the court to which said pe- 
 tition shall be brought, by reading the same in their hear- 
 ing, or by leaving a true and attested copy thereof at 
 their last usual place of abode ; which notice shall be 
 signed by a justice of the peace, and directed to the sher- 
 iif of the county, his deputy, or either of the constables 
 of the town where such land is situated. 
 
 SECT. 4. After the commissioners shall have dammed, 
 drained or ditched such low, marshy and wet lands, the
 
 Title 89. Sewers. 
 
 fyropnetors shall have power to keep the dams, drain.- 
 and ditches in repair : and for that purpose, when any 
 three of such proprietors shall judge it necessary, they 
 may apply to a justice of the peace, who shall issue a 
 precept, directed to some meet person, to warn such pro- 
 prietors to meet at such time and place, and for such 
 business, as shall be therein declared ; which shall be 
 served, by reading it in the hearing of all the proprietors 
 living in the state, at least three days before such meet- 
 ing. 
 
 SECT. 5. The proprietors, in a meeting so warned. Appointment of 
 shall have power, by a major vote, to be computed ac- j^. r . k an(1 conu 
 cording to their interest in such lands, to appoint a clerk, 
 who shall be sworn to make true entries of all the votes 
 and proceedings in such meetings ; and also, to appoint 
 a committee, consisting of two or three men, who may 
 state and set out to each proprietor his part or propor- 
 tion of such dam, drain or ditch, to be computed accord- 
 ing to their interest in the land, and who shall make a 
 report of their doings in writing, under their hands, to 
 the clerk, who shall enter the same on record. And it 
 shall be the duty of eaeh proprietor, his heirs, and assigns, 
 forever after, to clear, keep open, and repair his part of 
 such dams, drains and ditches, set out to him as aforesaid: 
 Provided, that the proprietors may, at any subsequent 
 time, cause a new stating and apportionment of the 
 same, in the manner aforesaid, if they judge it to be ex- ^ 
 
 pedient. 
 
 SECT. G. And the more effectually to compel the pro- 
 prietors to keep in repair such dams, drains, and ditches, 
 such proprietors shall have power, at a meeting warned 
 as aforesaid, once in two years, to appoint scavengers, Scavengers, 
 among themselves, who shall take the oath provided by 
 law ; and if any person, lawfully appointed a scavenger, 
 shall neglect or refuse to take such oath, being required 
 thereto by a citation from a justice of the peace, he shall 
 forfeit four dollars to the use of such proprietors, to be Penalty for re- 
 recovered by action on this statute ; and such proprietors (j^'oath. 
 may appoint other persons to be scavengers, in the room 
 of those who have refused as aforesaid. 
 
 SECT. 7. It shall be the duty of the scavengers, from Dutyof stavcn- 
 time to time, diligently to inspect the dams, drains, and ers - 
 dishes, and see that they are kept open, and in good 
 repair : and if, at any time, they find them, or any part 
 of them, filled, or out of repair, they shall give immedi- 
 ate warning to the proprietor, whose part is deficient, 
 that he forthwith repair the same ; and if any proprietor 
 shall not, within five days after such warning given, clear 
 and repair the same sufficiently, in the judgment of tin?
 
 Title 90. Sewing-Silk. 
 
 scavengers, they are hereby empowered forthwith to 
 cause the same to* be sufficiently repaired ; and such 
 proprietors shall pay double expense to the scavengers. 
 And in case he neglects and refuses, for the space of ten 
 days after an account of such expense has been present- 
 ed to him, and payment demanded, the scavengers shall 
 have right to recover the same by action on this statute ; 
 
 Provision for a provided, that if any proprietor considers himself ag- 
 
 new appraise- * i T ,1 i i ,1 
 
 ment. grieved, by the expense charged by the scavengers, he 
 
 may, at his own cost, within said ten days, make applica- 
 tion to the select-men of the town where the lands lie, 
 not parties to the controversy, who shall estimate and 
 appraise anew such expense of repairing ; and the party 
 deficient shall pay double the expense according to their 
 appraisement, to be recovered as aforesaid. 
 
 Proprietors SECT. 8. The proprietors of such lands, when they 
 
 may authorize judge it will be for their advantage, may, in a lawful 
 
 Commissioners , i_ v 
 
 to keep drains meeting, by a major vote, to be computed according to 
 &c. in repair, their interest, agree, that such drains and ditches shall be 
 cleared, and dams repaired, by the commissioners of 
 sewers ; and in such case, they shall have power to em- 
 ploy persons to do the same, and to assess the proprietors 
 therefor, and collect the same, in the same manner as they 
 are by this act enabled to do, in the first making of dams, 
 ditches and drains* 
 
 SECT. 9. If any person or persons, without liberty 
 from the proprietors, shall set any fence, hedge, or other 
 incumbranc, on the bank of such drain or drains, so as 
 to make the clearing and repairing of them more difficult, 
 it shall be lawful for the scavengers to remove the 
 same as a common nuisance. 
 
 Hedges not to 
 be set on bank 
 of drains. 
 
 
 &kein,ofwhat 
 *o consist. 
 
 TITLE 90. Sewing-Silk. 
 
 An Act regulating the Manufacture, and Sale of 
 Sewing-Silk. 
 
 BE it enacted by the Senate and House of Representa* 
 lives in General Assembly convened, That no manu- 
 facturer of sewing-silk, or any other person or persons, 
 shall sell, or offer for sale, any sewing-silk of the manu- 
 facture of this country, either from imported or domestic 
 materials, by the skein, unless each skein consist of twen- ' 
 ty threads, each thread of the length of two yards : and 
 any manufacturer of sewing-silk, or any other person or 
 persons, who shall sell, or offer for sale, any sewing-silk 
 otf the manufacture of this country, unless each skein con-
 
 Title 91. Sfieep. 369 
 
 sist of twenty threads, each thread of the length oi two 
 yards, shall forfeit the sum of seven dollars, to any person Penally 
 who shall prosecute the same to effect* 
 
 TITLE 91. Sheep. 
 An Act relating to Sheep. 
 
 ~1J E it enacted by the Senate and House of Ren- 
 
 .^ECT. 1. ir% v ^ , ., ,, J J. 
 
 JLP resentativestn (jreneral Assembly convened, 
 
 That the owners of sheep, in any town, or the major part Owners of 
 of them, may meet together within such town, as often as ep P theinii 
 there shall be occasion, and at such meeting, may order flocks ; 
 that the sheep in such town, shall be kept together, in a 
 flock or flocks, annually, for such time, and season of the 
 year, as they shall determine. 
 
 SECT. 2. And the owners of sheep, in every such flock, and make reg 
 
 mav meet together in their limits, and at such meeting, ulatl . ns re- 
 , j- ,1 , 3 specting them 
 
 by a major vote, according to their interest, to be com- 
 
 puted according to the number of sheep each voter may 
 own, to choose a clerk, who shall be sworn to make a * 
 
 true entry of all their votes and acts, as shall be made by 
 such owners of sheep, relative thereto ; and they may 
 also choose sheep-masters for the hiring of a shepherd, 
 and letting out the flock to fold, and for other prudential 
 affairs, relating to the flock ; and also to make orders for 
 the warning of their meetings, and all regulations neces- 
 sary and proper, for the better management of the flock. 
 
 SECT. 3. No person shall turn, or permit any flock of what flocks 
 sheep, of more than fifty, with a keeper, to go to feed 
 upon the highways of 'any town, without liberty first had 
 from such town, on penalty of four dollars for each of- 
 fence, to be for the use of him, who shall sue for and re- 
 cover the same. 
 
 SECT. 4. If any sheep shall go at large, on the common Sfa eep not t 
 or highways in any town, without a keeper, such sheep " 
 may be taken up and impounded, by any person finding 
 the same : Provided nevertheless, that any town may, by Proviso, 
 vote, permit sheep to run at large, within its limits. 
 
 SECT. 5. Every owner of sheep shall ear-mark or brand Owners of 
 111- u .LI. i. u -iu sheep to ear- 
 
 all his sheep, that are more than six months old, with a m ark them. 
 
 proper mark, and shall cause his mark to be registered 
 
 by town-clerk of the town where he resides; and forevery Penalty for 
 
 -heep as aforesaid, found unmarked, and going at large, ne S lect> 
 
 the owner thereof shall forfeit thirty-four cents, one half 
 
 to the complainer, and the other half to the town-trea- 
 
 surv.
 
 370 Title 92. Sheriffs. 
 
 Rams to be SECT. 6. If any owner of any ram, shall suffer the same 
 
 e to go at large, or out of his or her inclostire, between the 
 
 first day of August, and the first day of December, of any 
 Forfeiture, if year, such owner shall forfeit and pay ten dollars, to the 
 arge ' person, who shall find and take up the said ram, for each 
 time he shall be so found at large, or out of the owner's 
 inclosure, and taken up ; and said forfeiture may be re- 
 Proceedings in Covere d 5 by action of debt, with costs of suit ; and in 
 case the own- case the owner shall not be known, the person finding and 
 er is unknown, taking up any ram, as aforesaid, shall secure and keep the 
 same, and within twenty-four hours next after, lodge a 
 certificate with the town-clerk, setting forth the marks, 
 natural and artificial, (if any such there be,) which clerk 
 shall make a record thereof; and the finder shall post up 
 a certified copy of such record, on the sign-post in the 
 society, in which such ram shall be so taken up ; for 
 which copy and record, the said town-clerk may receive 
 twenty cents, from the person lodging such notice ; and 
 in case the owner of any ram, taken up and posted as 
 aforesaid, shall, within five days after such posting, pay or 
 tender to the person so taking up and posting the same, 
 the said forfeiture, such ram shall be restored to the own- 
 er thereof; but if the owner do not pay or tender as 
 aforesaid, within the said five days, such ram shall be for- 
 feited to the person so taking up and posting the same. 
 Proviso, that Provided however, that whenever any number of rams 
 but one forfeit- exceeding one, shall go at large, or out of the owner's en- 
 curred* closure, at the same time, and from the same enclosure, by 
 
 his or her sufferance, a single forfeiture only shall be in* 
 .. curred or recoverable ; and provided also, that in such 
 
 (iase, there shall be a forfeiture of one only of said rams, 
 to be selected by the person who shall find and take up 
 
 the same ; and after the expiration of said five days, the 
 Rams not for- i i /> i j j 
 
 feited to be res * and residue 01 said rams shall be considered as in 
 
 proceeded with the possession of the person who shall find and take up 
 &s stray beasts. t he same as stray beasts, and be proceeded with and dis- 
 posed of as such according to the provisions of an act en* 
 titled " An Act relating to stray beasts and lost goods. 1 ' 
 
 TITLE 02. sheriffs. 
 
 An Act relating to Sheriffs. 
 
 E it enacted by the Senate and House of'Re.p- 
 SECT. 1. H- .. < /-, /i 77 ^!^Ki 
 
 __ resentatives in General Assembly convened, 
 Sheriff to give That when a sheriff is appointed, agreeably to the pro- 
 11 visions of the constitution of the state, he shall, before he 
 enters upon the duties of his office, execute a bond, with
 
 Title 9.2. Sheriffs. 371 
 
 two or more sulicient sureties, to the acceptance of the 
 person administering the office of governor, payable to 
 the treasurer of the state, for the time being, and his suc- 
 cessors in office, in the sum of ten thousand dollars, con- 
 ditioned for the faithful discharge of the duties of his of- 
 fice, and to answer all damages, which any person or 
 persons may sustain, by any unfaithfulness or neglects in 
 the same ; and shall also take the oath required of sher- Sheriff to be 
 iffs by the constitution of the state. And the governor sworn - 
 shall have power, at any time he may think proper, to 
 demand of any sheriff, a renewal of his bond, with such Renewal of 
 security as he may judge proper ; and on such sheriff's bond - 
 neglect, or refusal, he may remove him from office. And 
 whenever there shall be a vacancy in the office of sheriff, 
 by his removal as aforesaid, the governor of this state, for 
 the time being, shall have power, and power is hereby 
 given him, to supply such vacancy, until the next session 
 of the general assembly. And every person, appointed To receive a 
 and qualified as aforesaid, shall thereupon receive a com- commission, 
 mission from the person administering the office of gov- 
 ernor, declaring him qualified as aforesaid, and authoriz- 
 ing and empowering him to execute said office. And 
 every person, so commissioned, shall be the lawful sher- 
 iff of the county, for which he is appointed ; and shall 
 have all the powers, rights and privileges, and be under 
 all the duties and obligations, which appertain to the of- 
 fice of sheriff. The bonds given by the sheriff as afore- Bond to be re- 
 said, shall be lodged with the secretary, and recorded in corded - 
 the records of the state ; and a copy of such bonds, duly 
 certified by the secretary, shall be admissible evidence in 
 any court, and sufficient proof of their execution.(l) 
 
 SECT. 2. The sheriffs in their respective counties, shall Powers o( 
 have power to execute all lawful writs, processes and shen ^ s - 
 warrants directed to them. They shall.be conservators 
 of the peace, within their counties ; and they shall have 
 authority, with force and strong hand, when necessary, 
 to suppress all tumults, riots, routs and unlawful assem- 
 blies, and to apprehend, without warrant, those who are 
 in the disturbance of the peace, and to carry them before 
 any justice of the peace, that further procedings may be 
 had against them, according to law, as the nature of the 
 offence shall require. 
 
 SECT. 3. It shall be lawful for the sheriff to rak=e the 
 power of the county, and to command any person or per- 
 
 (1) A marshal was, at first, appointed ing their appointment, by the governor 
 
 by the general court, for the whole colony. and council, to hold tneJr offices during 
 
 After the union, a marshal was appointed pleasure ; and now, by the constitution, 
 
 for each county, by the county courts. In they are appointed by the general assem- 
 
 1702, they were denominated sheriffs ; bly, to bold their offices for three ynrs 
 and in 1724, an. act was passed, authoriz-
 
 372 
 
 May call (hit 
 the militia. 
 
 Penally on offi 
 cers and sol- 
 diers for diso- 
 bedience. 
 
 S 
 
 sheriffs not to 
 
 turn they 
 cannot do exe- 
 cution. 
 
 Duty of sheriffs 
 in serving writs. 
 
 On neglect to 
 pay money col- 
 lected on de- 
 mand, to pay 
 two per cent 
 per month in- 
 terest. 
 
 Title 9'2. Sheriffs. 
 
 sons to assist him, when necessary, in the execution of 
 his office ; and every person refusing, who is of sufficient 
 age and ability, shall forfeit a sum not exceeding thirtv 
 four dollars, to the treasury of the county, where the of- 
 fence is committed. 
 
 SECT. 4. When great opposition is made against the 
 sheriff, in the execution of lawful process, or there is 
 probable ground of suspicion that greatopposition will be 
 made, he shall have power, with the advice of one jus- 
 tice of the peace, or more, if they are present, to raise 
 the militia of the county, or so many of them, as they shall 
 judge needful, to remove such opposition : and he may 
 seize and confine all who resist his authority ; and may ex- 
 ert all the force necessary to enable him to execute such 
 process. 
 
 SECT. 5. If any commissioned officer or soldier shall 
 neglect or refuse to obey the commands of the sheriff, un- 
 der the regulations aforesaid, then every such commis- 
 sioned officer shall forfeit a sum not exceeding seventy 
 dollars, and every soldier a sum not exceeding ten dol- 
 lars, to the treasury of the county where the offence is 
 committed : and every officer and soldier shall be liable 
 to make good to the party injured, all the damages he 
 shall sustain by their neglect ; and the wages allowed for 
 such service shall be one dollar per day to a captain, fif- 
 ty cents per pay to a lieutenant, and thirty-four cents per 
 day to all other persons. 
 
 SECT. 6. And the sheriffs shall not return, in any case, 
 tha't they cannot do execution. 
 
 SECT. 7. Sheriffs shall receive all writs and processes 
 directed to them, when tendered, and shall execute the 
 same, and make true return thereof, according to the di- 
 rections therein given ; and it shall be their duty to give 
 receipts for all writs delivered to them to be served, when 
 demanded, specifying the names of the parties, the date 
 of the writ, the time of delivery, and the sum or thing in 
 demand, without takingany fee therefor : and if any sher- 
 iff shall not duly execute and return the writ, or shall 
 make a falc and undue return thereof, he shall be liable 
 to pay all damages to the .party aggrieved, to be recover- 
 ed in any proper action. 
 
 SECT. 8. When a sheriff shall have received the money 
 on any execution in his hands for collection, and the same 
 shall have been demanded of him, by any person author- 
 ized to receive it, and such sheriff shall neglect or refuse 
 to pay the same, on demand, he shall pay, and the party 
 entitled to the money shall have right to recover and re- 
 ceive two per cent per month, on the amount received; 
 from the time of such demand, till the sajne be paid.
 
 Title 92. Sheriffs. 373 
 
 SECT. 9. Every process against a sheriff, for a default Service of writ 
 in his office, shall be served at least fourteen days before 
 the sitting of the court to which it is returnable : and 
 where a receipt in writing for an execution is demanded 
 or received, at the time of delivery, no appeal shall be no appeal ; 
 allowed in a suit against the sheriff for not serving it ; 
 except in actions before justices of the peace, where the ? xc . e pt from 
 matter in demand exceeds the sum of seven dollars, when j, u e ac C e eS f the 
 appeals shall be allowed to the county court, as in other 
 cases. 
 
 SECT. 1 0. Sheriffs may constitute and -appoint deputies Sheriffs may 
 to act under them, w ho shall have the same power as the a PP' R t dep- 
 heriffs appointing them ; and sheriffs shall be responsible 
 for the neglect and default of their deputies in their offi- 
 ces. The number of deputy-sheriffs, to be appointed for 
 the county of Hartford, shall not exceed ten ; for the 
 county of New-Haven, ten ; for the county of New-Lon- 
 don, eight; for the county of Fairneld, nine ; for the 
 county of Windham, seven ; for the county of Litchfield, 
 eleven ; for the county of Middlesex, six ; and for the 
 county of Tolland, four. 
 
 SECT. 11. No person shall hold or exercise the office Deputy-sheriff; 
 of deputy-sheriff, until his appointment to that office has | d b j; '{J* *** 
 been approbated, by the county court, of the county to county court 
 which he belongs: Provided, that when the sheriffof any 
 county is appointed in the recess of the county court of 
 that county, he may appoint the number of deputies al- 
 lowed by law, to continue till the end of the next session 
 of the county court, to be holden in such county, and no 
 longer, unless then approbated by the court. The war- Warrants must 
 rants and deputations of deputy-sheriffs and gaolers shall be in writin & 
 be in writing, under the hands of the sheriffs appointing 
 them, and recorded in the records of the county court, 
 in the county in which they are appointed ; and when a 
 sheriff .dismisses any deputy sheriff or gaoler from office, 
 he shall deliver his written discharge to such deputy- 
 sheriff or gaoler, and shall lodge a copy of it with the 
 -clerk of the county court of the county, of which he is 
 , sheriff, to be recorded in the records of that court ; for 
 jvhich the clerk shall be allowed twenty-five cents. 
 
 SECT. 12. And on the death of any sheriff, the gaoler 
 -or gaolers and deputy-sheriffs, shall continue in office till 
 another sheriff shall be appointed, and assume the exer- death of sheriff 
 cise of his office, although the term for which any such 
 gaoler or deputy may have been appointed, shall expire 
 after the death of the sheriff, under whom they held their 
 respective offices : and the defaults and misfeasances of 
 such gaolers and deputy-sheriffs, in the mean-time, as 
 tvell as before, shall be adjudged a breach of the bond 
 
 49
 
 374 
 
 'Perquisites 
 that may be 
 taken by sher- 
 iffs from their 
 deputies. 
 
 No fee for ap- 
 poi'ilment of 
 gaoler. 
 
 Punishment 
 for transgres- 
 sion. 
 
 Sheriffs may 
 depute each 
 other ; and 
 other persons, 
 on special oc- 
 casions. 
 
 Officers may 
 not draw writs, 
 or appear as 
 attornies. 
 
 Shall indorse 
 items of fees 
 on writs. 
 
 Title 92. Sheriffs. 
 
 entered into by any sheriff as aforesaid, conditioned for 
 the faithful administration of his office ; and the estate oi 
 the deceased sheriff shall be liable therefor ; and his ex- 
 ecutor or administrator shall have against the gaolers, 
 deputy-sheriffs, and their sureties, the like remedies for 
 their defaults and misfeasances in office, as such sheriff 
 would have been entitled to, had he lived, and continued 
 in the exercise of his office, till his successor was duly 
 appointed. 
 
 SECT. 13. Every sheriff shall have a right to demand 
 raid receive of every deputy, by him appointed, for the 
 risk- of such appointment, a sum not exceeding forty 
 dollars, annually, and in the same proportion, for any 
 term less than one year ; which sum shall be in full for 
 all claims and demands on such deputy, for and on ac- 
 count of such appointment, except when the sheriff may 
 be sued on account of the default of such deputy, in which 
 case he shall have a right to demand and receive on his 
 bond the sum of seven dollars, in addition to the sum or 
 turns which may be recovered of the sheriff, or which he 
 may have to pay on account of the default of such depu- 
 ty. And no sheriff shall, directly or indirectly, take or 
 receive of any gaoler, any sum whatever as a fee or re- 
 ward for his appointment, or continuance in office. And 
 if any sheriff, contrary to the provisions of this act, shall 
 take, demand or receive any fee or reward from a gaoler, 
 or any other or greater compensation, from any. Deputy, 
 by him appointed, than what is allowed by this act, he 
 shall, on proof thereof, before any county or superior 
 court, be rendered forever ipcapable of holding the office 
 of sheriff. 
 
 SECT. 14. Sheriffs shall have the power to deputeeach 
 other, to serve, as deputies in their respective counties ; 
 and shall have liberty, on special occasions, to depute 
 any proper person to serve and execute any particular 
 writ or process, without the approbation of the county 
 court. 
 
 SECT. 15. If any sheriff, deputy-sheriff, or constable 
 shall draw, or fill up. any writ, process or declaration, 
 except in his own cause, it shall abate ; nor shall any 
 sheriff, deputy-sheriff or constable, appear as an attorney 
 in court for any other person. 
 
 SECT. 16. Every officer, who shall serve any writ or 
 process, excepting executions, shall indorse on such writ 
 or process the fees by him charged for such service, with 
 the number of miles by him travelled, and the other items 
 constituting the amount thereof. And if by such indorse- 
 ment it shall appear, that such fees are charged higher 
 than is by law allowed, the court to whom the writ is re-
 
 Title 92. Sheriffs. 375 
 
 fumed, shall reduce them to such sum as is by law allow- 
 ed for such service. 
 
 SECT. 17. Every officer, who collects an execution," Shall indorse 
 
 shall indorse thereon the items of his fees as aforesaid, lleras of f f. es 
 
 ,..... ., 'on executions, 
 
 and at any time before its return, shall deliver to the and give a bill 
 
 debtor in the execution, on demand, and without any fee, to debtor. 
 a bill of the fees, by him charged, signed by hifn. and 
 containing the items as aforesaid, with the name of the 
 creditor, the date and amount of the execution, and the 
 court from whence it issued ; and in case of neglect or 
 refusal, he shall forfeit to such debtor threefold the Forfeiture for 
 amount of his fees on such execution, to be recovered by nc g lect - 
 a proper action on this statute. 
 
 SECT. 18. If any officer, having an execution to collect, If sheriff takes 
 shall, for the security or payment of it, or any part of it, morc . tlla n one 
 take more than one bond, bill, note, receipt or other in- eTecutlon^aU 1 
 strument, directly to himself, or to any other person for of them shall 
 his use, or in which he shall be directly or indirectly in- ^ e v '^- 
 terested, every bond, bill, note, receipt or other instru- 
 ment, so taken, shall be void. 
 
 SECT. 19. If any officer, who has served a writ, shall Penalty for in- 
 indorse thereon more than his lawful fees, or demand, or 
 receive more than his lawful fees, he shall forfeit three- 
 fold the amount of such excess, to be recovered by the 
 person against whom the illegal charge has been made, in 
 a proper action on this statute. 
 
 SECT. 20. If any sheriff shall, knowingly and wilfully, Sheriff may be 
 charge, take, demand, or receive any greater sum for the 0^' . 1 '?,? 
 service of any writ, or other legal process, than is bylaw ing 
 allowed, the general assembly, on proof thereof, may re- fees 
 move him from office. 
 
 SECT. 21. If any deputy-sheriff shall be guilty of the 
 like offence, it shall be the duty of the county court, by by county 
 whom the appointment shall have been approved, on com- courts, 
 plaint, and proof of the fact, to remove him from office. 
 
 SECT. 22. If, upon complaint made to the general as- Sheriff refusing 
 sembly, it shall appear, that any sheriff illegally detains, ^cied, "^ 
 after demand, any money by him collected, or refuses to be removed, 
 satisfy any execution issued against him, in the life there- 
 of, such sheriff shall be declared incapable any longer to 
 hold the office, and shall be removed accordingly. 
 
 SECT. 23. No deputy-sheriff shall be allowed any more Fees for actual 
 fees for travel to serve and return a writ, orexecution, than jjj'jj J*" 1 ^ 
 for the actual travel. And whenever any sheriifor con- niy-sheriff. 
 stable, by virtue of any writ of execution, shall seize any On sheriffs ^ 
 goods or chattels to answer and satisfy such execution, Sl 
 aad any person shall appear to receive such goods and 
 chattels into his care, and shall give to such officer a wri- 
 ting well executed by such person, therein expressing the
 
 Title $3. Sickness. 
 
 thereVhall be 
 no appeal. 
 
 receipt of such goods and chattels, and thereby promising 
 to re-deliver the same to such officer, and shall fail or 
 performing accordingly, and any action shall be b rough i 
 by such sheriff or constable, there shall be no appeal in 
 such ease allowed or granted. 
 
 TITLE 93. Sickness. 
 
 An Act providing in case of Sickness. 
 
 6oard of 
 health, how 
 constituted ; 
 their powers ; 
 
 may appoint 
 their officers j 
 
 and clerk. 
 
 Their records 
 to be evidence, 
 
 Their dutiee ; 
 
 to examine in- 
 to nuisances, 
 
 and remove 
 them. 
 
 Expenses, 
 bow paid. 
 
 SECT. 1. 
 
 E it enacted by the Senate and House of Rep* 
 resentatives in General Assembly convened? 
 That the civil authority and select-men of the several 
 towns, shall constitute a board of health, in their respect- 
 ive towns ; and shall have, and may exercise all power" 
 and authority necessary and proper, for the prevention of, 
 and of the spread of, malignant, contagious, or infectious 
 disease; and such board may, as occasion shall require, ap- 
 point their president, and such health officers, or health 
 committees, as they may deem expedient, and may hold 
 meetings, and the members present at any meeting, con- 
 vened in such manner as the board shall direct, shall be 
 a quorum for business ; and sha'll have authority to ap- 
 point a clerk, who shall be sworn, and shall record the 
 acts, doings and proceedings of such board, and such re- 
 cords, or certified copies thereof, shall be receivable in 
 evidence, in all courts of law in this state. 
 
 SECT. 2. It shall be lawful for such board, or such 
 health officer, or health officers, or health committee, of 
 health committees, as such board may appoint, to exam- 
 ine into all nuisances, and such sources of filth, as may be 
 injurious to the health of the inhabitants, whether the 
 same shall proceed from stagnant waters, cellars, drains, 
 common-sewers, slaughter-houses, tan-yards, putrid ani- 
 mal, or vegetable substances, vessels, scows, or boats, or 
 any other cause, of any nature or kind whatsoever ; and 
 it shall be the duty of such board, health officer, or offi* 
 cers, health committee, or committees, to cause to be 
 removed all filth of any kind whatever, which shall be 
 found in any of the streets, lanes, wharves, docks, or in 
 any other place whatever, within the limits of their town, 
 whenever, in the judgment of such board, such filth shall 
 endanger the lives or health of the inhabitants ; and all 
 expenses of such removal shall be paid by the persoiror 
 persons who placed it there, if known, and, if not known, 
 by the town. And whenever any filth or nuisances as 
 aforesaid, shall be found on private property, such board 
 shall cause actual notice to be given to the owner, or or-^
 
 Title 85. Sickness* '377 
 
 cupier of such property, to remove the same, at his or her Owners to re- 
 expense, within twenty-four hours, or such longer reason- move HUIsan - 
 able time,* as the board shall direct ; and in case such 
 owner or occupier, shall neglect to remove the same, he 
 or she shall forfeit and pay a fine of not less than twenty on P enalt y- 
 dollars, nor exceeding one hundred dollars, and shall also 
 pay such expense and cost, as the town shall incur, by 
 such removal ; and after the expiration of such time, it 
 shall be the duty of such board, to cause such tilth or 
 nuisances, forthwith, to be removed or abated. And such Board of 
 board, or such health officer or committee, as the) shall di- office^rnly 611 " 
 rect, shall have power to enter all houses, stores, cellars, enter houses, 
 vessels, and other places, where such board shall have just kc. suspected 
 cause to suspect, any of the aforesaid nuisances, or causes fii t h OI &c ining 
 of filth, to exist, and on findingthe same, the owner or occu- 
 pier of such house, store, cellar, vessel, or place, shall be 
 liable, and such board may proceed in manner and form as 
 aforesaid. And such board is also authorized, from time To make rules- 
 to time, to make such rules and regulations, and give such and regulations 
 orders, to have eifect within the limits of their town, as to ders^* 
 such board shall seem necessary and proper, to prevent 
 the aforesaid nuisances, or sources of filth 5 and what- 
 ever person shall, wittingly, and willingly violate such 
 rule, regulation or order, after the same shall have been 
 published for one week, in a newspaper, printed in such 
 town, or after the same shall have been posted, for one 
 week, on the sign-posts in said town, or after actual no- 
 tice thereof shall have been given to such person, he or 
 she shall forfeit and pay a sum, of not less than fifteen penalty for vio* 
 dollars, nor exceeding one hundred dollars, at the discre- latin them - 
 tion of the court. 
 
 SECT. 3. It shall be lawful for the board of health, in May assign pU- 
 any town, contiguous to navigable waters, to make out guiat 
 and assign, within the limits of their town, or the waters tine, 
 contiguous thereto, the port or place in any harbor, road, 
 river, or bay, in which, or where, vessels arriving or com- 
 ing into the limits of such town, or into such contiguous 
 waters, shall, if need require, perform quarantine ; and 
 every vessel, which shall, between the first day of June, 
 and the first day of November, in each year, come from 
 any foreign port or place, or from any port or place, in 
 the United States, south of the capes of the Delaware, 
 and arrive or come to anchor in any such harbor, road, 
 bay, river, or contiguous waters, if any place for quaran- 
 tine shall have been assigned as aforesaid, such vessel 
 coming and arriving as aforesaid, or coming to anchor, 
 shall come to anchor and lie at such place so assigned, and 
 at no other place whatever, until discharged, in manner a 
 is hereinafter provided. And the master of every vessel
 
 378 Title 93. Sickness. 
 
 Duty of the arriving or coming to anchor as aforesaid, shall forthwith 
 vessels 5 make signal, for a health officer, by hoisting colors in the 
 
 shrouds, or, if need require, may send a person on shore, 
 who shall, in person, or by writing, notify the health offi- 
 cer of the port, or if there be no health officer, a member 
 of the board of health, of the arrival of such vessel, and 
 Penalty, forthwith return on board ; and every person so sent, 
 
 who shall neglect to return as aforesaid, shall forfeit and 
 pay a fine of fifty dollars ; and every master of a vessel, 
 arriving or coming to anchor as aforesaid, who shall come 
 to anchor at any port or place, in such harbor, road, river, 
 bay, or contiguous waters, (wind and weather permitting,) 
 p ., , . other than in the port or place so assigned, for the per- 
 olating quaran- formance of quarantine, if any such port or place be as- 
 tine. signed, shall forfeit and pay a fine of not less than one 
 
 hundred dollars, and not exceeding five hundred dollars, 
 or suffer imprisonment for a term not exceeding six 
 months, or both, at the discretion of the court. 
 
 SECT. 4. On notice given to a healih officer, or mem- 
 arrival of such her of the board of health, of the arrival of any vessel as 
 vessel. aforesaid, it shall be the duty of such health officer, or 
 
 member of the board of health, without delay, to visit 
 such vessel, and such officer, or member, shall have pow- 
 er and authority, on examination, as the circumstances of 
 
 May give certi- ^ e cage mav re q u i re to give a certificate of health, dis- 
 
 ficate of health, , . >., 
 
 & c charging said vessel from quarantine, or to cause such 
 
 vessel to continue subject to quarantine ; and every ves- 
 sel, so subjected to quarantine, shall perform quarantine, 
 under such restrictions and regulations as such board of 
 
 . health shall have established, or may establish. And 
 Penalty for vi- ^ J 
 
 elating rules of every owner, master, supercargo, oincer, seaman, con- 
 quarantine, signee, or other person, who shall neglect or refuse to 
 obey the directions, rules, regulations, or restrictions of 
 the board of health, relative to any vessel required to per- 
 form quarantine, shall pay a fine, not exceeding five hun- 
 dred dollars, or suffer imprisonment for a term not ex- 
 ceeding six months, or both, at the discretion of the 
 Penalty for at- cour t. 
 
 feiude quaran- SECT. 5. If any master or commander of any vessel, li- 
 iine, by false able to perform quarantine, as aforesaid, shall falsely, or 
 "" fraudulently, attempt to elude a quarantine, by false and 
 unfoundfcl declarations of the port or place from whence 
 he came, or shall land, or suffer to be landed from his ves- 
 sel, any apparel, bedding, goods, or merchandize what- 
 ever, or any person or persons, other than in the manner 
 herein before provided, or permit any person or persons 
 to enter on board the same, before such vessel shall have 
 been visited as aforesaid, he shall forfeit and pay a sum of 
 not less than one hundred dollars, nor exceeding five
 
 Title 93. Sickntss. 379 
 
 "hundred dollars, or suffer imprisonment not exceeding 
 six months, or both, at the discretion of the court. 
 
 SECT. 6. Whenever a health officer, or member of the Health officers 
 board of health, shall, on visiting any vessel as aforesaid, may order ves- 
 
 ihink it necessary that any vessel required to perform s t ls to b j e ., 
 
 ,-n 1 , cleansed, thea 
 
 quarantine, should be cleansed or punned, he shall direct how to pro- 
 
 the master or commander of such vessel, to hoist a white ceed. 
 flag on the head of the main-mast, there to be kept during 
 the day time. And it shall be the duty of such officer, or 
 member, to apply, without delay, to the board of health, 
 to direct the time and manner, in which the cargo on 
 board such vessel, shall be in part, or in whole cleansed, 
 or purified, if need require ; and such vessel, or such part 
 thereof, as may be infected, shall be cleansed, by being 
 washed with a lye made of water and soap, or potash, 
 barilla or common ashes, or in such other method, as 
 
 such board shall direct. And whenever such vessel shall P ers n s on 
 
 , , . ,. . ,, board, diseased, 
 
 contain any person, laboring under a malignant, mlec- to be removed 
 
 tious disease, such person shall be removed to a hospital, to a hospital, 
 or other house, in a healthful and safe situation, and nurs- 
 ed and provided for, in the manner prescribed by law. 
 
 And such board may also, at their discretion, cause any Passengers, fcc. 
 
 , , , may be seclu- 
 
 passenger or passengers on board such vessel, and such ded. 
 
 of the mariners, as the master, or commander of such ves- 
 sel shall not require to continue on board, to be removed 
 from such vessel, and secluded on shore, for the space of 
 fourteen days, in such a convenient place, as the board 
 shall direct ; and if any person required to continue in 
 such confinement, shall depart therefrom without permis- 
 sion from the board of health, or some person acting by 
 their direction, he or she shall forfeit and pay a fine, not Penalty on 
 exceeding one hundred dollars : and whatever person ["g 1 ^ 
 shall, without such permission, resort to, or associate 
 with, any person or persons so confined, shall be deem- O n others, for 
 ed to be contaminated with infection ; and shall be liable associating 
 to undergo the same confinement and penalties, as are w 
 imposed upon, or required of, such person or persons 
 resorted to, or associated with. 
 
 SECT. 7, Whenever any certificate of health shall have Certificates ob^ 
 i / -r*u u~ . A tamed by fraud 
 
 been given for any cargo, vessel, or person, it the board or m i sta k e>to 
 
 of health shall, on examination, find that the same was be void, and 
 obtained by fraud, or any false or unfounded representa- lh r e " e ^ w te 
 tion, or shall be of opinion, that such vessel, person, or pl 
 cargo, should perform further quarantine, for the purpose 
 of being cleansed, or purified, on notice thereof being 
 given by the board, to such person, or the owner, master, 
 supercargo, or consignee of such vessel or cargo, as the 
 case may be ; the same shall; in all respects, be liable to
 
 ,80 Title 93. Sickness. 
 
 be proceeded with, in the same manner, as if no certifi- 
 cate of health had been given. 
 
 Board ofhealth SECT. 8. Whenever the board of health in any town. 
 
 other ve^seL to sna H deem it expedient, that vessels coming or arriv- 
 
 quarantine. ing in their town, or in the waters contiguous there- 
 to, from any port or place in the United States, north 
 of the capes of the Delaware, should perform quaran- 
 tine, such board may subject such vessels to perform 
 quarantine : and an order of such board, published in a 
 newspaper, printed in their town, or posted, for three 
 days, on the' sign-posts in such town, for that purpose, 
 shall subject such vessels to quarantine ; and thereupon 
 such vessels and their cargoes, and the masters, owners, 
 mariners, consignees, and all other persons, shall be lia- 
 ble to the same penalties, rules, regulations, and restric- 
 tions, as are established by law, and shall have been, 01 
 may be established by such board, relative to vessels ar- 
 riving or corning from a foreign port, or place. 
 
 Board ofhealtli SECT. 9. Whenever any contagious or malignant dis- 
 
 I . , J 
 
 . ' case is prevalent in any town in this state, or in any town 
 communication * . . J . . ., ' J f 
 
 with infected or place in any of the adjoining states, it shall be lawful 
 
 places. for the board ofhealth, of any other town in this state, to 
 
 interdict communication between their town, and such in- 
 fected town or place ; and an order of such board, for 
 that purpose, published or posted, in the manner prescri- 
 bed in the last section, shall be deemed sufficient notice 
 Penalty for vio- to all persons, of such interdiction ; and any person found 
 Jating order. guilty of wilfully violating such order, shall be subjected 
 
 to a fine not exceeding one hundred dollars. 
 
 Tavcmers, &LC. SECT. 10. Between the first day of May, and the first 
 
 to give notice fay of November, in each year, every taverner, inn-keep- 
 
 lodgers, fee. er > or keeper of a boarding house, or lodging-house, shall, 
 
 within twelve hours after any sea-faring man, or other 
 
 lodger, becomes sick, in his or her house, report in 
 
 writing, to the board of health, or health officer, the name. 
 
 (if known.) of such person, and the nature of his disorder, 
 
 Penalty. on p am of forfeiting twenty dollars. 
 
 Board of health SECT. 11. The board ofhealth is authorized to estab- 
 
 may establish y^h the fees or compensation, not exceeding five dollars, 
 
 which the health officer shall be entitled to receive, for 
 
 visiting a vessel as aforesaid ; and the master, or owner 
 
 of such vessel, shall be liable to pay the same, to such 
 
 health officer. 
 
 Board of health "SECT. 12. Whenever any person shall refuse to obey 
 may enforce a or( j cr or ort j ers given by a board of health, in pur- 
 their orders > > . > . , 
 
 suance of the powers, in such board vested by law, or 
 
 shall endeavor to prevent such order from being carried 
 into effect, it shall be lawful for any justice of the peace, 
 on the request of such board,, to issue his warrant, to any
 
 Title 93. Sickness. 381 
 
 sper officer, or, if need requires, to any disinterested 
 person, therein stating such order or orders, and him re- 
 quiring to, carry the same into effect, and it shall be the 
 duty of such officer, or disinterested person, to execute 
 (he same. 
 
 SECT. 13. Whenever a board of health shall request Physicians to 
 any physician, practising in their town, to make to the report, 
 board, daily, or weekly report, of such cases of pestilen- 
 tial, or malignant fever, or disease, as occur in his prac- 
 tice, it shall be the duty of such physician to report as 
 aforesaid, specifying each patient's name, and place of 
 residence, on pain of forfeiting, for eaclmeglect orrefu- on penally, 
 sal, a fine of fifty dollars. 
 
 SECT. 14. All penalties and forfeitures, that shall be Penalties, &c. 
 incurred, for any violation of this act, shall be paid into ">* ppnpri* 
 the treasury of the town, in which the offence shall be 
 committed. And all sums recovered, or which any per- 
 son or persons shall have forfeited, for any breach of any 
 preceding section of this act, or of any order, rule, or reg- 
 ulation, of a board of health, made in pursuance of any 
 -preceding section of this act, shall constitute a fund in 
 such town, subject only to such board, and to be by such 
 board applied to the contingent expenses of such board, and applied 
 to the relief of such poor and indigent persons in their 
 town, as may be infected with malignant or infectious 
 fever, or disease, or to the prevention of such disease or 
 fever. And the costs of prosecution under this act, shall 
 be paid out of the treasury of such town. 
 
 SECT. 15. If any person shall come from any town or Persons cent 
 place, in this or a neighboring state, where the small-pox, [JS Jbereuie 
 or any other contagious disease, doth prevail, or shall small-pox, kc 
 have lately prevailed, or if any person or family, may be prevails, how 
 justly suspected or feared to have taken the infection, of * ifh e ea f 
 any such contagious disease, it shall be in the power of 
 the board of health, of any town, where *uch person, or 
 persons, or family may be, to order such person or per- 
 sons, or family into confinement in a hospital, (if any there 
 be in such town,) or in some other place to be designated 
 by said board of health, there to remain as long as said 
 board shall judge necessary, to insure the safety of such 
 town from such infection, from such person or persons ; 
 and if need require, the said board may apply to any jus- 
 tice of the peace in such town, who is hereby authorized 
 to issue a warrant, directed to some proper officer, direct- 
 ing him to execute the orders of said board of health, in 
 relation to such person, persons or family ; and said 
 board is also authorized, to give orders and directions, 
 for regulating and restraining any improper intercourse 
 with such person, persons or family. And if any person 
 
 50
 
 382 
 
 Title 93. Sickness. 
 
 Penalty for 
 non-compli- 
 ance. 
 
 Persons sus- 
 pected to have 
 
 with tho 
 small-pox, fee. 
 bo\v to be dealt 
 witb. 
 
 When any 
 contagious 
 disease prevails 
 in any town, 
 what may be 
 done. 
 
 Penalty for 
 transgression ; 
 
 bow recovered 
 
 No appeal. 
 No person to 
 
 permission 
 from board of 
 health. 
 
 shall neglect or refuse to comply with any order of the 
 board of health, made in pursuance of authority given 
 them in this and the next succeeding section, he shall for- 
 feit and pay the sum of twenty dollars. 
 
 SECT. 16. Whenever any person or persons, shall come 
 into any town in this state, from any place, where the 
 small-pox, or other contagious disease, is, or shall have 
 been lately prevalent ; or when any person in such town 
 shall be justly suspected to have come from such infected 
 place, or to be infected with, or to have been exposed to, 
 the small-pox, or such other disease ; it shall be lawful 
 for the board of health, of such town, or such health offi- 
 cer, as they shall appoint, to require such person or per- 
 sons, so coming, or suspected, to disclose on oath, wheth- 
 er he or they have come from such place, or are infected 
 with, or have been exposed to, the small-pox, or such oth- 
 er disease ; and, for that purpose, may administer, or 
 cause to be administered, an oath or oaths, to such per- 
 son or persons 5 and in case any such person or persons, 
 shall, when required, refuse to disclose on oath, as afore- 
 said, said board of health may, without further proof, or- 
 der and effect the confinement of such person or persons, 
 so refusing, as is provided in the preceding section of this 
 act, relative to persons suspected to have the small-pox, 
 or other contagious disease. 
 
 SECT. 17. Whenever any contagious disease, shall be 
 prevalent in any town, the board of health in such town, 
 shall have authority to do and perform, all matters and 
 thing relative thereto ; and to give, and make and pub- 
 lish, in such manner as they may deem proper, all such 
 rules, orders and regulations, for preserving the inhabit- 
 ants therefrom, as they shall deem expedient for that pur- 
 pose ; and if any person or persons, shall transgress any 
 rule, order or direction, made or given by the board of 
 health, in pursuance of the power given them by this 
 section, every person, or persons, so transgressing, shall 
 forfeit and pay to the treasurer of such town, a sum not 
 exceeding twelve dollars, nor less than one dollar, for 
 every such transgression, to be recovered by any proper 
 action, before any justice of the peace, proper to try the 
 same ; and no appeal shall be allowed from the judgment 
 of such justice ofthc peace in such action. 
 
 SECT. 18. No person within the limits of any town in 
 this state, shall receive, give, or communicate the infec- 
 tion of the small-pox, by way of inoculation, or in any 
 other such like method, or be aiding or assisting therein, 
 without first obtaining permission from the board of health 
 in such town, which board is hereby authorized to give 
 such permission, by vote, and a certified copy thereof;
 
 Title 94. Sivn-posts. 
 
 and when such permission shall be so given, to any per- How to pro- 
 son or persons, the said board of health is hereby direct- ceetj - * fler V e 
 ed and required, to assign the place, house or houses, in m 
 which the inoculation shall be carried on, and in which 
 the infected persons shall be kept, and to appoint or ap- 
 prove of the nurses or tenders employed, and to make 
 and give such rules and directions, as they shall deem 
 expedient, for preserving the inhabitants from taking the 
 infection ; aud if any person or persons shall voluntarily 1>enalt y ( r . 
 receive, take, give, or communicate the small-pox, direct- siS^iw! 
 ly or indirectly, contrary to the true intent and meaning 
 of this section, or be aiding or assisting therein, such of- 
 fender shall forfeit and pay to the treasurer of the town, 
 where such disease is communicated and had, the sum of 
 one hundred dollars lor every such offence. And if any Pri> dtyfor 
 person shall transgress any rule, or direction, made or t 1 ''" 18 ^ 688 ' 11 ^ 
 given, by the board of health, in pursuance of the au- 
 thority given m this section, he shall forfeit and pay to 
 the treasurer of the town, where the oilence shall be 
 committed, a sum not exceeding twenty-five dollars, at 
 the discretion of the county court which shall hear and 
 
 determine the same. And if any person shall voluntarily p * n *' t .y for 
 
 J f . . , J receiving 
 
 receive, or take the small-pox by inoculation, without the small-pox, and 
 
 limits of this state, and come into any town in this state, coming into 
 and have the same, he or she shall forfeit and pay to the 1 1 
 treasurer of such town, the sum of one hundred dollars. 
 And all informing officers are hereby required, to inform informing offi- 
 against all and every person, who shall transgress against *" to pro 
 this act, or any provision thereof, or any rules, orders, or 
 regulations, made in pursuance thereto. 
 
 SECT. 19. The boards of health in the several towns, Boards of 
 are hereby authorized and empowered, to adopt such a ^ p tr ef, &.c 
 measures for the general vaccination of the inhabitants of for vaccina- 
 their respective towns, as they shall deem proper and ne- tlon - 
 cessary, to prevent the introduction, or to arrest the pro- 
 gress of the small-pox ; and to defray the expenses, in Expense, how 
 whole, or in part, of such general vaccination, out of the p ' 
 public treasury of the town. 
 
 TITLE 94. Sign-posts. 
 An Act relating to Sign-posts. 
 
 T) E it enacted by the Senateand House of Rep- 
 ' JD r;esentatives,inGeneral Assembly convened, 
 That a sign-post shall be erected and kept, in each school- Sign-posts to 
 society, by the select-men of the town in'which such so- b(
 
 38d 
 
 each society, 
 by select-men, 
 and kept in 
 repair. 
 
 Penalty for 
 neglect. 
 
 Towns may 
 erect and 
 keep additional 
 sign-posts. 
 
 Proviso. 
 
 Certain sign- 
 posts, hereto- 
 fore authoriz- 
 ed, to be kept 
 in repair. 
 
 Notices, &ic. 
 where to be 
 posted. 
 
 When officers 
 may use sign- 
 posts out of 
 their proper 
 precincts. 
 
 fitle $4. Sign-posts. 
 
 ciety, or the greater part thereof, is situated, at sud> 
 place, within such society, as the said select-men shall 
 judge most convenient, and shall designate ; and such 
 sign-post shall be erected, and kept in repair, at the ex- 
 pense of such town ; and if such select-men shall not 
 erect such a sign-post, or shall neglect to keep in repair 
 such signpost as may have been erected in such society, 
 agreeably to law, such select-men shall forfeit and pay 
 two dollars for each month, during such neglect, to be 
 recovered for the use of him, who shall sue for the same, 
 within six months after such neglect. 
 
 SECT. 2. Each town may, at their annual meeting, or 
 at any other meeting specially warned for that purpose, 
 order to be erected within such town, any additional 
 sign-posts therein, and in such place or places as the pub- 
 lic interest may, in their opinion, require ; which sign- 
 post or sign-posts shall be erected and maintained, by the 
 select-men of the town, which shall order the same, at the 
 expense of such town, under the same penalty, to be re- 
 covered in the same manner, of the select-men of such 
 town, and for the same use, as is herein before provided 
 in case of sign-posts in societies. But no sign-post shall 
 be erected within a less distance, than three miles from 
 any sign-post within the same town, which shall have 
 been previously established. 
 
 SECT. 3. The several additional sign-posts heretofore 
 authorized by law to be erected in the towns of New- 
 Hartford, East- Windsor, Saybrook, Canton, East-Had- 
 dam, Kent and New-London, shall be continued, and kept 
 in repair, by the select-men of those towns respectively, 
 under the same penalty, to be recovered in the same man- 
 ner, and for the same use, as is provided in the second- 
 section of this act. 
 
 SECT. 4, All advertisements or notices of lands or goods, 
 taken by execution, or for distress for rates or taxes, shall 
 be posted on a sign-post in the society, where such lands 
 or goods are taken, and sold thereat. 
 
 SECT. 5. In such societies as are composed of parts of 
 two or more towns, or parts of two or more counties, the 
 constables of the several towns, of which such society is 
 composed, and the sheriffs and deputy-sheriffs of the 
 counties, of which such society is composed, shall have 
 the same power to use the sign-post, or sign-posts, in such 
 society, as though the same were situated within the pro- 
 per precincts of such sheriffs, deputy-sheriffs or con* 
 stables* 

 
 I Lite, 9a. Slavery. ^ 355 
 
 TITLE 95. Slavery. 
 An Act to prevent Slavery. 
 
 1 T^^" ^ enacted by the Senate, and House of Rtp- 
 Urescntaiives in General Assembly convened. 
 That negro and mulatto children, born in this state, shall Negro and mu 
 
 , 
 
 be free at the age of twenty-one, and shall not be holden }reeat'tweut- 
 in servitude, though their mothers or parents were slaves one. 8 
 at their birth. 
 
 SECT. 2. All slaves emancipated by their owners, in Emancipated 
 case they come to want after their emancipation, shall sl^medX 
 be supported by their masters respectively, their heirs, the owners. 
 executors and administrators ; and on their refusal, the 
 select-men of the town where they belong shall provide 
 for their support ; and the town shall be entitled, in a 
 proper action on the case, to recover all the expense of 
 such support from the owners or masters of such slaves. 
 their heirs, executors, or administrators. 
 
 SECT. 3. If any master or owner of a slave is disposed How slaves 
 to emancipate him, he may apply to any two of the civil "!"* ^ em * u- 
 authority, or to one of the civil authority, and two of the tl/^mnster 
 select-men of the town where ht belor^s, who, if they 
 
 find such slave to be in good health, and not of a greater fr " m fntup * 
 
 ,, f . r- i 11 expense. 
 
 age than iorty-nve years, shall give to the owner or mas- 
 
 ter, certificate thereof, under their hands ; provided 
 they find, on examination of the slave, that he is desir- 
 ous to be made free ; and if the master or owner snail, 
 on receiving such certificate, emancipate such slave, he 
 shall be discharged from any expense for his support, 
 provided the letter of emancipation, and the certificate, 
 shall be recorded in the records of the town where the 
 master resides. 
 
 SECT. 4. No Indian, negro, or mulatto slave, shall be y slaves t 
 brought or imported into the state, by sea or land, from . he imported 
 any place whatever, to be disposed of, left or sold within Into lhe state ' 
 the same. 
 
 SECT. 5. And if any person shall import or bring into Forfeiture. 
 the state, any indian, negro, or mulatto slave, or slaves, 
 to be disposed of, left or sold within the same, or who, 
 knowing such slave or slaves to be so imported, or brought 
 into the state, shall receive or purchase them, or any of 
 them, he shall forfeit the sum of three hundred and fifty 
 dollars, for every slave so imported or purchased, one half 
 to him who shall prosecute to effect, and the other half to 
 the treasury of the state. 
 
 SECT. 6. If any inhabitant of this state shall transport Penalty for 
 out of the same into any other state or country, for the expor 

 
 386 
 
 Title 96. Societies. 
 
 Slave-trade 
 prohibited. 
 
 Insurance on 
 slave-ships, 
 and slaves, 
 void. 
 
 purpose of selling, either directly or indirectly, or 
 buy or sell, with intent to transport out of this state, or 
 shall aid, assist, or abet, in buying, selling, or transport- 
 ing into any other state or country, any negro or mulatto 
 slave or servant for years, he shall forfeit the sum of three 
 hundred and fifty dollars, one half to him who shall prose- 
 cute to effect, aud the other half to the treasury of the 
 state : and all contracts made and executed in payment, 
 or part payment, for any Slave bought and sold, contrary 
 to this act, shall be utterly void* 
 
 SECT. 7. No inhabitant of the state shall, for himself, 
 or any other person, either as master, factor, supercargo, 
 owner, or hirer, in whole or in part, of any vessel, direct- 
 ly or indirectly, import or transport, buy or sell, or re- 
 ceive on board his vessel, with intent to cause to be trans- 
 ported, any of the inhabitants of any part of Africa, as 
 slaves, or servants for term of years, upon penalty of one 
 hundred and seventy dollars, for every person so receiv- 
 ed on board, and one thousand seven hundred dollars for 
 every such vessel employed in the importation or trans- 
 portation aforesaid ; one half to him who shall prosecute 
 to effect, and the other half to the treasury of the state. 
 And all insurance made in this state upon such vessel, so 
 employed, and upon any slaves or servants shipped on 
 board for the purpose aforesaid, shall be utterly void : 
 and this act may be given in evidence under the general 
 issue, in any action brought for the recovery of such in- 
 surance.^) 
 
 (1) Slavery was never directly estab- 
 lished by statute ; but has been indirectly 
 sanctioned by various statutes, and fre- 
 quently recognized by courts, so that it 
 may be said to have been established by 
 law. Few negro slaves, however, were 
 imported into the state ; and in 1771, the 
 importation of all slaves was prohibited. 
 After the termination of the war of the re- 
 volution, in 1784, the legislature, to effftct 
 the gradual abolition of slavery, enacted 
 that no negro or mulatto child, born alter 
 
 the first day of March, 3784, should be 
 held in servitude longer than till they ar- 
 rived to the age of twenty-five years ; 
 and also provided for the emancipation 
 of slaves by their masters, without being 
 liable for their support. The consequence 
 has been, that there are now very few 
 slaves, and in a short time, slavery will 
 no longer be a reproach to the state. The 
 number of Negroes, however, is rather 
 increasing, than diminishing, like the In 
 dians. 
 
 TITLE 96. Societies, 
 
 An Act relating to Religious Societies and Con- 
 gregations. 
 
 . "TlEit enacted by the Senate and House of Rep- 
 JD resentatives, in General Assembly convened) 
 
 General rights That all societies and congregations, instituted for public 
 and powers of re ijgi ous worship, which have been incorporated by law. 
 
 *
 
 Title 96. Societies. 
 
 387 
 
 in local limits, or otherwise, or formed by voluntary asso- societies for re- 
 ciation, shall hold, possess and enjoy, all real and person- ligious worshi P' 
 al property, all public buildings and funds belonging to 
 such societies and congregations, appropriated to the use 
 and support of public worship 5 and shall have power to 
 take care of, manage and apply the same to such purpose ; 
 and shall be capable hereafter to receive any grants or 
 donations, and, by voluntary agreement, to establish 
 funds for the same object.(l) 
 
 (1) The object of our ancestors in emi- 
 grating to this country, was to enjoy their 
 religion, not only free from persecution, 
 but without interruption from Christians 
 of different sentiments. They were de- 
 sirous of maintaining a uniformity of doc- 
 trine and of worship. The true princi- 
 ples of religious liberty were not then 
 known in any Christian country, and tole- 
 ration was not the virtue of that age. 
 Accordingly, on their arrival, they form- 
 ed an ecclesiastical constitution ; they 
 passed a statute, that no persons should 
 embody themselves into church estate, 
 without consent of live general court, and 
 approbation of neighboring churches ; 
 that no ministry, or church administra- 
 tion, should be entertained or attended, 
 distinct and separate from, and in opposi- 
 tion to, that by the approved minister of 
 the place, on penalty of five pounds ; 
 and that every person should attend pub- 
 lic worship, on the Lord's day, and days 
 of fasting and thanksgiving, on penalty of 
 five shillings ; and to guard against the 
 supremacy of the church over the state, 
 it was declared, that the civil authority 
 toad power and liberty to see the peace, 
 ordinances, and rules of Christ's church, 
 observed in every church, accowling to 
 his word, and to deal with any church- 
 member iu a way of civil justice, not- 
 withstanding any church relation, office, 
 or interest, so it be done in a civil, and 
 not in an ecclesiastical way ; and that a 
 church censure should not degrade or de- 
 pose any man from any civil office or au- 
 thority. Laws were made to compel each 
 town or society, by taxation, to support 
 the ministry, and in default thereof, the 
 county courts were ordered to see it done, 
 and every inhabitant was compellable to 
 pay taxes for the support of the approved 
 minister. A provision, however, is made, 
 where there is a difference of opinion 
 with regard to church government, and it 
 is declared, that though the congrega- 
 tional churches have been, in general, 
 approved in profession and practice, yet 
 as sundry persons of piety and worth 
 among them, were otherwise persuaded, 
 $.uch persons, being approved of accord- 
 
 ing to law, as orthodox and sound in the 
 fundamentals of religion, should have al- 
 lowance in their persuasion and profes- 
 sion in church way, without disturbance. 
 
 The only statute against heretics, ap- 
 pears in the revision of 1672, whereby it 
 is enacted, that no person shall entertain 
 any Quaker, Ranter, Adamite, or other 
 notorious heretic, upon penalty of five 
 pounds; and that towns who suffered 
 their entertainment should be subjected 
 to a penalty of five pounds per week ; 
 that the governor, deputy-governer, or 
 assistants, should have power to send 
 them out of the colony, or commit them 
 to prison ; that no person should hold 
 any unnecessary discourse with them, on 
 penalty of twenty shillings ; or keep their 
 books, on penalty of ten shillings ; that 
 their books should be seized, and deliver 1 
 ed to some court, who should suppress 
 them ; and if any master of a vessel 
 should land such heretics in the colony, 
 he was compellable to transport them out 
 of the state, on penalty of twenty pounds. 
 This statute does not appear in the revi- 
 sion of 1750. 
 
 No creed, or form of church govern- 
 ment, was adopted, until 1708 ; and then 
 the confession of faith, heads of agree- 
 ment, and regulations in the administra' 
 tion of church discipline, as consented to 
 by the elders and messengers of the 
 churches, convened at Saybrook, were 
 approved of; and all the churches, thus 
 united in doctrine, worship, and disci- 
 pline, were-declared to be established by 
 law. Though this statute was omitted in 
 the revision of 1784, yet the creed and 
 form of church government thereby es- 
 tablished, have ever been recognized and 
 practised upon by the congregations in 
 the located societies. 
 
 In 1708, an act of toleration was pass- 
 ed, copied from the celebrated toleration 
 act of William and Mary, declaring that 
 all persons who should conform to that 
 act, should have liberty of worshiping 
 God, in a way separate from that estab- 
 lished by law ; but should not be excused 
 from paying taxes to the approved minis 
 ters of the cfcurches, established by law
 
 388 
 
 Title 96. Societies. 
 
 How any per- ^ox. _>. Whenever any person shall desire to joia 
 bomTa njem- an y religious society or congregation, which has been, 
 her of any roll- or shall be, incorporated by law. or has been, or shall 
 gious society. 
 
 Though there were some contests in the 
 established churches, yet there appeared 
 to be no danger of an innovation till the 
 appearance of the Baptists, and some other 
 denominations ; and in 1723, a statute 
 was passed, reciting, that some persons 
 had formed themselves into separate 
 meetings, in private houses, for religious 
 worship on the Lord's day, and that oth- 
 ers without ordination, had administered 
 the sacrarneiit of baptism, and thereupon 
 enacting, that all persons who shouldncg- 
 lect the public worship of God, ori the 
 Lord's day, in some lawful congregation, 
 and form themselves into separate com- 
 panies, in private houses, should forfeit 
 twenty shillings, and that any person, not 
 being a lawful minister, who should ad- 
 minister the sacraments, should incur a 
 penalty often pounds, or be whipped not 
 exceeding thirty lashes. 
 
 In 1727, the members of the church of 
 England made an application to the le- 
 gislature, to be exempted from paying 
 taxes for the support of the ministry of 
 any other denomination, and for the priv- 
 ilege of taxing themselves, to support 
 their own ministry ; and an act was pass- 
 ed, directing that all persons, within the 
 limits of a parish, belonging to the church 
 of England, and to the churches establish- 
 ed by law, should be taxed by the same 
 rale, and in the same proportion, for the 
 support of the ministry in such parish ; 
 and where there was a society of the 
 church of England, according to the can- 
 nons of that church, so near to any per- 
 son who had declared himself to be of 
 that church, ttiat he could conveniently, 
 and did ordinarily, attend public worship 
 there, then the collector of the tax, on 
 levying the same, should pay it to that 
 minister of thd church of England, on 
 which such person attended, who should 
 have power to receive and recover the 
 same ; and when the taxes so collected, 
 .should be insufficient to support the min- 
 ister of the church of England, the mem- 
 bers of the society were vested with the 
 power of taxing themselves ; and they 
 were also exempted from paying taxes 
 for building or repairing the meeting- 
 houses of the established churches. The 
 principle of exempting dissenters from 
 taxes to support the established churches, 
 having been, admitted in one case, it be- 
 came necessary to extend it to others. 
 Accordingly, in 1729, this exemption was 
 extended to Quakers and Baptists, who 
 lived so near to anv society of their de- 
 
 nomination, that they could and did at- 
 tend public worship therein, on their pro- 
 ducing a certificate from such society, 
 that they had joined, and belonged to it. 
 In the year 1742, itinerant preachers, 
 and lay exhorters, having excited an 
 alarm for the ecclesiastical constitution 
 itself, the legislature passed an act to pro- 
 hibit any ordained or licensed minister, 
 to preach and exhort, in any society, not 
 under his care, without the invitation of 
 the settled minister, and major part of the 
 church and society, on pain of being ex- 
 cluded from the benefit of the law for the 
 support of the ministry ; lso, to prohibit 
 any person, not a settled or ordained 
 minister, from going into any parish to 
 teach and exhort the people, without the 
 invitation of the settled minister, and the 
 major part of the church and congrega- 
 tion, on penalty of being bound to his 
 good behavior ; anr- there was a further 
 clause, that if any foreigner, whether li- 
 censed to preach or not, should preach, 
 teach, or publicly exhort, in any town or 
 society, without the invitation of the set- 
 tled minister, and the major part of the 
 church of such town and society, or if 
 there were no settled minister, then at 
 the call of the church and inhabitants of 
 such society, he should be sent, as a va- 
 grant, by warrant, from constable to cen- 
 stable, out of the bounds of the colony. 
 This act not answering the intended ef- 
 fect, the legislature, in May, -1743, repeal- 
 ed the act of toleration, passed in 1708; 
 at the same time, liberty was given to so- 
 ber dissenters, to apply to the assembly 
 for relief; and in October .follow! 
 act was passed, directing that if any for- 
 eigner or stranger should, at any time, 
 return into the colony, after he had been 
 by authority, transported out of it, and 
 should teach, preach, or exhort, in any 
 town or society, it should be (he duly of 
 any magistrate, who should have informa- 
 tion of it, to cause such person to be ap- 
 prehended and brought before him, 
 who could bind him, in the punal *<na of 
 one hundred poun4s, to his peaceable, and 
 good behaviour, and not to offend again 
 in like manner. But the tVrment soon 
 subsided, and in the revision ot 1750, these 
 statutes do not appear. At this time, the 
 denial of the being of a God, the doctrine 
 of the Trinity, and the divine authority of 
 the Scriptures, was made punishable, for 
 the first offence, by disability to hold any 
 office, and for the second offence, by the 
 additional disability to sue, to he a guar
 
 Title 96. Societies. 
 
 389 
 
 rmed, by voluntary association, he may lodge with 
 the clerk of the same, or if there be no clerk, with any 
 other officer thereof, a written declaration, subscribed by 
 himself, expressing his desire and intention of becoming 
 a member of such society or congregation, and there- 
 upon he. shall become a member thereof, entitled to all 
 <he privileges, and liable to all the duties of a member, 
 unless a majority shall, at their next lawful meeting, mani- 
 lest their dissent thereto. 
 
 SECT. 3. The members of the several religious socie- Annual 
 lies and congregations, may annually meet, some time in in S- 
 the month of December,tor at any other time they shall 
 judge convenient, at the usual place of holding meeting*, 
 or at such place as they shall establish, upon warning and 
 notice given, at least five days before such meeting, by Notice, how 
 the committee of the society or congregation, or if there S iven - 
 be 110 committee, by the clerk, and if there be no clerk, 
 by a warrant from a justice of the peace, upon applica- 
 tion of live or more members of the society or congrega- 
 tion. 
 
 SECT. 4. And the members of such societies and con- 
 gregations, being lawfully assembled, shall have power, 
 
 dian, executoror administrator. This stat- 
 ute was copied from one passed in the 
 reign of William amd Mary. There never 
 was a conviction under it. Atheism and 
 Deism were never avowed. Unitarians 
 have been allowed to promulgate their 
 opinions with impunity. This statute has 
 been superseded by the constitution. 
 
 In the revision of 1784, more liberal 
 principles of toleration were adopted. 
 Dissenters, of all denominations, were ex- 
 empted from the payment of taxes to the 
 support ot the ministry, in the located so- 
 cieties, where they had formed distinct 
 churches or congregations, in a way agree- 
 able to their consc'rences, and ordinarily 
 attended public worship therein, and con- 
 tributed their due proportion to the sup- 
 port thereof, and produced a certificate 
 from such church or congregation, signed, 
 by their order, by the minister, or other 
 officer, and lodged the same with the clerk 
 of the located society wherein such person 
 dwelt. Some disputes having arisen re- 
 specting the form and validity of certifi- 
 cate!!, and a jealousy existing that an un- 
 due advantage was taken of the law, an 
 act was passed in May, 1791, directing 
 that certificates, to be valid, must be ap- 
 proved of by a justice of the peace. 
 
 This law excited general disapproba- 
 tion, and in October, 1791, an act was pas- 
 sed, authorizing dissenters to make certifi- 
 cates, in their own np.mes, and lodge them 
 
 with the clerk of the society, in the limits 
 of which they lived, which should exempt 
 them from taxes, so long as they ordina- 
 rily attended public worship, in the socie- 
 ty to which they joined; and dissenting 
 societies were vested with a power to tax 
 themselves to support ministers, and build 
 and repair meeting-houses. This was in 
 effect, placing all denominations on the 
 same footing ; for after this, there was no 
 attempt to tax those who had lodged cer- 
 tificates, under any circumstances. Yet 
 there was a nominal distinction, by which 
 one denomination was obliged to lodge 
 certificates with the other ; but all distinc- 
 tion is now done away, by the constitu 
 tion ; the crime of heresy is unknown to 
 our law ; all denominations of Christians 
 are precisely on the same footing ; the 
 support of the ministers of religion de- 
 pends on the consent and voluntary con- 
 tribution of the people ; and this statute 
 is intended merely to give them the pow- 
 er of providing ior its support, in such 
 manner as they may think proper. Thug, 
 the people of this state, in less than two 
 centuries, have passed from a religious es- 
 tablishment, through various changes, to 
 perfect freedom ; and it may be added, 
 that these changes have not broken up 
 any of the located societies, but public 
 worship continues to be doly attended ir 
 them all.
 
 390 Title 96. Societies. 
 
 Clerk. at their annual meetings, to appoint a clerk, who shall 
 
 take the oath provided by law, and shall make entries of 
 all the votes and proceedings of the society or congrega- 
 tion, a copy of which, attested by him, shall be legal evi- 
 dence in all courts ; and he shall continue in office till 
 another be chosen and sworn in his room ; also, to ap- 
 
 Committee. point three or more of their members to be a committee, 
 to order the affairs of the society, for the year ensuing. 
 
 Their duties wno s ] la n adjust and settle all the claims on the society 
 or congregation, and draw orders on the treasurer for the 
 
 Treasurer. payment of the same ; and to appoint a treasurer, who 
 shall receive all the money belonging to the society or 
 congregation, and pay over the same to the order of the 
 society or congregation, and render his account therefor, 
 when required. 
 
 Towers of reli- SECT. 5. The members of religious societies and con- 
 
 gious societies gregations, shall have power to hold meetings, when their 
 
 in lawful meet- 
 
 tags concerns render it necessary, and may adjourn the same 
 
 from time to time ; and in their lawful meetings, shall have 
 power by a major vote, to settle ministers, according to 
 the usage of the denomination of Christians to which they 
 belong ; to repair their meeting-houses ; to make such 
 regulations for the support of religious worship as they 
 may think proper ; to establish the times and places of 
 holding their meetings, and the mode of warning them ; 
 and to appoint committees, or agents, to carry into effect 
 the votes and orders of the society or congregation, as 
 may be necessary. 
 
 How place of SECT. 6. Any society or congregation may, by a vote of 
 erecting meet- f wo thirds of the members present, agree to build a new 
 befes'tablbhVd. meeting-house, and to establish the place where it shall 
 be erected ; or, if they judge it expedient, may apply to 
 the county court in the county where such society or con- 
 gregation is situated, to establish the place, and such 
 county court, after hearing all parties concerned, may 
 appoint and fix the place where such meeting-house 
 shall be erected ; and it shall not then be lawful to erect 
 it in any other place. 
 
 Power of Uxa- SECT . 7. All societies and congregations of Christians 
 may, by a major vote of the members present, in a lawful 
 meeting, lay a tax on the members of such society oniy, 
 to build and repair meeting-houses, to provide for the 
 annual support of the gospel ministry, and to defray any 
 other expense necessarily incurred in the proper business 
 of such society or congregation ; and to appoint a collec* 
 tor or collectors, to collect the same ; and every collector, 
 who shall refuse to serve, shall forfeit and pay the sum of 
 five dollars to the treasury of the society or congregation, 
 to be recovered by action brought in the name of thr
 
 Title 96. Societies. 391 
 
 Measurer. And it shall be the duty of the committee Committee to 
 of such society or congregation, to make out a rate-bill m .?. ke outrate 
 against the members, containing the proportion of tax for 
 each member to pay, according to the assessment list of 
 the state, completed next previously to the laying of the 
 tax, and shall apply to a justice of the peace in the town 
 or county for a warrant, directed to the collector or col- 
 lectors, appointed to collect such tax, authorizing and 
 requiring him or them to levy and collect the same ; 
 which warrant such justice of the peace is empowered Warrant 
 and required to grant. And it shall be the duty of such 
 collector or collectors, to collect such tax, and pay over Collection of 
 the same to the treasurer of the society or congregation ; ta 
 and if he or they shall fail or neglect to collect it, by the 
 time appointed, then the committee of the society or 
 congregation, shall take out a distress, signed by a justice Distress 
 
 of the peace, who is hereby empowered to grant the same, a S ainst l^g 1 '- 
 
 ,. J ,, ,, b j. ' gent collectors 
 
 against such negligent collector or collectors, direct- 
 
 ed to the sheriff of the county, or constable of the town, 
 commanding him to collect such part of the tax as re- 
 mains due and unpaid from said collector or collectors, 
 and to pay it over to the treasurer of such society or con- 
 gregation. 
 
 SECT. 8. The lawful members of each society or con- Right of vot- 
 gregation, of the age of twenty-one years, shall have a ing. 
 right to vote in the meetings of the same ; nnd if any 
 person, not a member of the society or congregation, 
 shall intermeddle or vote in any meeting thereof, he shall 
 forfeit and pay the sum of two dollars and lifty cents, for Penalty for 
 every such offence, one half to the complainant who shall voting without 
 prosecute the same to effect, and the other half to the r ' 8 
 treasury of the society or congregation, where the offence 
 is committed. 
 
 SECT. 9. Every society or congregation shall have pow- p we / to P ro 
 
 ., *', , J ~P ?.. ,. i .v videforsup- 
 
 er to provide for the support ot public worship, by the port of public 
 
 rent or sale of the pews or slips in the meeting-house* worship, 
 by the establishment of funds, or in any other mode they 
 may judge expedient. 
 
 SECT. 10, Upon the refusal, death or removal of any [ow "Applied, 
 officer of a society or congregation, a meeting may be 
 called in the manner prescribed by law, and the vacant 
 place be supplied by a new choice. 
 
 SECT. 11. When there are any lands, money, or other Est(lte g j ven 
 estate, granted, given or sequestered, according to ancient for the support 
 custom, usage or practice, or shall be hereafter, given, jj^ ^"H*} 17 ' 
 granted or sequestered for the use and support of the a nd managed, 
 ministry, in any society or congregation in the state, then by a commit- 
 a committee appointed by such society or congregation, c ety e 
 (which committee they are empowered to appoint) shall
 
 392 
 
 Title 97. Spirifeus Liquors. 
 
 have powci to demand, recover and receive, and 
 care of all such lands, money or estate, for the use of 
 the ministry, according to the true intent of such grants, 
 donations and sequestrations, and shall be accountable 
 for the profit and interest thereof to such society or con- 
 gregation ; and the committee aforesaid, or the major 
 part of them, may make all necessary contracts, and 
 commence and prosecute to final judgment, any suit or 
 suits, which may be necessary for the purpose aforesaid* 
 And such committee as shall, from time to time, come in 
 the room of others, removed by death or othenvise, shall 
 have the same power to enforce any contracts, and to 
 commence and prosecute any suit for the matters afore- 
 said, as fully as those whom they succeeded in office could 
 have done, if not removed. 
 
 SECT; 12. When any society is constituted of two or 
 more adjoining towns, so that part of the society in any 
 such towns have distinct interests in any grants, donations 
 or sequestrations for the support of the ministry, then 
 such part of the society shall have the same power, and 
 authority to manage the same, as is hereby given to socie- 
 ties ; and may, in the same manner, warn meetings of 
 such part of a society ; may appoint a clerk, who shall 
 be sworn in the same manner ; and shall have the same 
 power, and may appoint a committee to manage and 
 take care of the interests aforesaid, with the same power 
 and authority as is given to the committees of societies, 
 who shall be accountable for the rents and profits of the 
 same, in the same manner. 
 
 SECT. 13. Christians of every denomination, not be- 
 longing to any particular society or congregation, shall 
 have power to unite and form societies or congregations, 
 themselves into in such manner as they may think proper ; and when so 
 a society. associated, such societies or congregations shall have all 
 the rights, powers and privileges, given by this act to re- 
 ligious societies and congregations. 
 
 In what ease 
 part of a so- 
 ciety shall 
 have the pow- 
 er of a sooie- 
 
 Christians not 
 belonging to 
 any society, 
 may form 
 
 TITLE 97T Spiritous Liquors. 
 
 An Act to regulate the Selling of Spiritous Li- 
 quors. 
 
 - TO E it enacted by the Senate and Houst of Rep- 
 
 -D resentatives in General Assembly convened. 
 
 ? eta ?i e -*i t That no person or persons shall hereafter sell, directly or 
 
 to seilwitnOUi . T ,i j. ,-11 i , i. *~ 
 
 a. license. indirectly, any wme, or any distilled spmtous liquors, for- 
 eign or domestic, in a less quantity than ten gallons, with-
 
 Title 97. Spiritous Liquor. 393 
 
 out first having obtained a license to be a retailer, in the 
 manner hereafter prescribed in this act. 
 
 SECT. 2. It shall be the duty of the civil authority, in Meeting of 
 
 each town, to meet on the first Monday of January, annu- f ivil auth . OI ; it J r 
 
 r t i i -i f iu to approbate 
 
 ally, to approve of proper persons to be retailers, tor the retailers. 
 
 year next ensuing ; and when so met, the senior justice 
 present, shall be chairman of such meeting, unless some 
 other person be by them appointed ; also, to choose a 
 clerk, to whom, before he enters on the duties of his of- 
 fice, shall be administered the following oath : " You A. 
 13., being chosen and appointed clerk of the civil authori- Oalh of clerk, 
 ty, in the town of , do swear that you will truly 
 
 and faithfully execute the office to which you are chosen 
 and appointed ; make true entries of the proceedings of 
 the civil authority, at any of their meetings ; account for 
 and pay over all monies belonging to this state, received 
 by virtue of your office ; and perform all other duties in- 
 cident to your appointment, according to your best skill : 
 So help you God." Also, to lodge with such clerk, a list 
 of persons by them approbated, certified by the chairman, 
 designating the place where, as well as the name or firm 
 under which such person or persons desire to retail ; 
 Whereupon said civil authority shall grant a licence to 
 such retailer, signed by their clerk, in the form follow- 
 ing : "Whereas the civil authority of the town of , in 
 the county of > in the state of Connecticut, reposing 
 special confidence in the integrity, and faithfulness of 
 , to support the laws of this state, for the suppression 
 of an improper use of spiritous liquors, and having ap- 
 proved of the said according to law, to be a retailer 
 of the same : We, therefore, do give license to the said 
 to be a retailer of wines and distilled spiritous liquors, ac- 
 cording to the laws of this state, at , in said town of 
 , until the second Monday of January next. Giv- 
 en under my hand, this day of . Per order, C. 
 D., Clerk." For which license the retailer shall pay 
 twenty -five cents, and the same shall be recorded by said 
 clerk, at full length, in a book provided for that purpose. 
 And in case any person or persons desire to commence 
 the business of retailing wines, or distilled spiritous li- 
 quors, after the meeting of the civil authority, on the first 
 Monday of January, application may be made to the 
 chairman or clerk of said board, whose duty it shall be to 
 call a special meeting of said authority, at the expense of Special me* 
 the applicant or applicants, a majority of whom, when ingl 
 met, may grant license in manner aforesaid. Provided 
 however, that before any license be granted to any re- 
 tailer, he shall pay, on each license, to the clerk before 
 mentioned, for the use of this state, a sum, at the rate of
 
 394 
 
 Duty of five 
 dollars on li- 
 cense. 
 
 No person to 
 sell liquors to 
 be drunk in 
 his house, &c. 
 
 Penalty for 
 selling with- 
 out license. 
 
 This act not 
 to affect tav- 
 ern-keepers. 
 
 Duty of state's 
 attorney to 
 prosecute. 
 
 Disposition of 
 forfeitures. 
 
 Title 98. Stage-Drivers. 
 
 five dollars per annum, to be computed from the date of 
 said license, to the second Monday of January then next, 
 to be accounted for by the tenth day of May, annually, 
 and be paid over to the treasurer of this state, in the same 
 manner as is provided for the payment of duties on writs, 
 in civil process. 
 
 SECT. 3. No license, granted in pursuance of this act, 
 shall be so construed as to authorize any person to sell, 
 directly or indirectly, any wines or spiritous liquors, mix- 
 ed, or unmixed, to be drunk in his or her house, store, 
 shop, distillery, or in any other place or dependencies. 
 
 SECT. 4. If any person or persons shall sell or retail 
 any spiritous liquors, contrary to the true intent and spir- 
 it of this act, without license as aforesaid, such person 
 shall forfeit and pay the sum of fifty dollars one half to 
 him who shall give information, and the other half to the 
 use of this state. 
 
 SECT. 5. Nothing in this act contained shall be con- 
 strued to prevent any keepers of taverns, inns, or houses 
 of public entertainment, duly licensed for that purpose, 
 agreeably to the laws of this state, from vending, to be 
 really drunk within such taverns, or houses of public en- 
 tertainment, any wines or spiritous liquors as before- 
 mentioned. 
 
 SECT. 6. All suits and actions, grounded on this act, 
 shall be instituted and pursued, by thg attornies for the 
 state, in their respective counties ; and the sums recover- 
 ed, exclusive of costs, shall be paid, one moiety to the 
 treasury of the state, and the other to the person who 
 shall have first given information of the offence to the at- 
 torney ; but if there be no such informer, the whole shall 
 be paid to the treasurer of the state. 
 
 When drivers 
 of carriages 
 meet, how to 
 proceed. 
 
 TITLE 98. Stage-Drivers. 
 
 An Act for the regulation of Drivers of Stages 
 and other Carriages. 
 
 - 
 
 ' 
 
 it enacted by the. senate and House of Rep- 
 resentatives in General Assembly convened, 
 That when the drivers of any stages, coaches, waggons, 
 chaises, sleighs, cutters, or any other carriage for the 
 conveyance of persons, shall meet in the public highway, 
 and have occasion to pass each other, it shall be the du- 
 ty of each to turn to the right, so as to give the other one 
 half of the travelled path, if practicable, and to slacken 
 their pace, so as to give each other a fair and equal ad-
 
 Title 99. Strays. 393 
 
 vantage to pass : and if any driver shall be guilty of a 
 
 breach of this act. he shall forfeit the sum of fifteen dol- Penalty for 
 
 lars, one half to him who shall prosecute to effect, and l ^ ach of this 
 the other half to the treasury of the town where the of- ac 
 
 fence is committed : and every driver shall be responsi- Dnver3 re ; 
 11 ,, . , ,. ,/.! , . r ,, spoiisible for 
 
 bJe to the party injured, lor all the damage occasioned by damages, 
 
 his refusing to conform to the provisions of this act. 
 
 SECT. 2. If any driver of such carriages shall, by neg- When driver, 
 ligence or carelessness, drive, or run his carriage against j^^ef'jfn.. 1106 ' 
 another carriage or horses passing the highway, and con- other, he shall 
 forming to the provisions of this act, and cause any inju^- pay treble 
 ry to such carriage, or any person in it, or to the horses ; dama 8 es ' 
 or shall drive or run his carriage against any person trav- 
 elling on horseback, or on foot, and injure him, when 
 uch person is not guilty of any blameable conduct to oc- 
 casion it ; or shall overtake any carriage travelling the 
 same course, and drive or run his carriage against such 
 carriage, and injure the same, or any person in it, or the 
 horses j such driver shall be liable to pay treble damages 
 and costs to the party injured. And every driver, who A y bcn b 7 de- 
 shall wilfully, and wuh design, commit such injury, shall, damages, and 
 in addition to treble damages and costs, to be paid to the a fine not ex- 
 
 party iniured, forfeit to the treasury of the state, a sum p eedin s one 
 , J u j j j hundred dol- 
 
 not exceeding one hundred dollars, according to the i ars 
 
 nature and aggravation of the offence. And the owner Owners liable 
 or owners of any stage, or other carriage, shall be liable to P a ^ dama- 
 to pay all the damages recovered against the driver, by against drivers. 
 virtue of this act, if such driver is unable to pay the 
 same, to be recovered by writ of scire-facias, before any 
 court proper to try the same. 
 
 SECT. 3. When any carriage of the above description, Teamsters to 
 shall meet or overtake a team in the public highway, 
 and shall have occasion to pass the same, it shall be the to pass. 
 duty of the teamster, when necessary and practicable, 
 to turn his team so far on one side of the road, as to 
 give such carriage an opportunity to pass by it ; and every 
 teamster, who shall be guilty of a breach of this act, shall 
 forfeit seven dollars, one half to him who shall prosecute Penalty for 
 to effect, and the other half to the treasury of the town bl 
 where the offence is committed. 
 
 TITLE 99. Strays. 
 
 An Act relating to Stray Beasts and Lost Goods. 
 
 n E it enacted bu the Senate and House of Rep- 
 SECT. 1. m^ *. ~ , ,, 1 i 
 
 *L~~ resentatives in General Assembly convened, T jj C finder 6f . 
 That whenever any person shall find any stray beast, in a stray beasts or 
 suffering condition, or any lost goods, of the value of fif- lost S oods > to
 
 390 
 
 inform the 
 
 owner. 
 
 and cause a 
 description to 
 be registered 
 by the town- 
 clerk ; 
 
 or advertised 
 in a news-pa- 
 per. 
 
 Penalty 
 
 Owner claim- 
 ing in six 
 months, lo 
 have restitu- 
 tion ; 
 
 otherwise to be 
 appraised. 
 
 Owner appear- 
 ing in six 
 months after, 
 to have goods, 
 &c. or the val- 
 ue. 
 
 No owner ap- 
 pearing in 
 twelve months, 
 goods, &c. how 
 disposed of. 
 
 Titled. Strays. 
 
 iy cents, he may take the same into his possession, and 
 shall immediately inform the owner thereof, if known : 
 and if the owner thereof, be not known, and the value 01 
 such beast or goods, be not greater than five dollars, the 
 finder, or keeper thereof, shall, within fourteen days, al- 
 ter taking such beast or goods into his possession, cause u 
 description of such beast or goods, with the natural and 
 artificial marks thereof, and the place where the sam< 
 were found, and by whom kept, to be registered by th 
 town-clerk, of the town, wherein the said beast or goods 
 shall have been found ; but if the value of such beast or 
 goods, be greater than five dollars, the finder or keeper 
 thereof, shall, within the time aforesaid, cause a descrip 
 tion thereof, as aforesaid, to be inserted in a newspaper, 
 printed in a town nearest the piece where such beast or 
 goods shall have been found ; and if any person, who shall 
 find, or take such beast or goods into his possession, shall 
 not inform the owner thereof ; or cause a register or ad- 
 vertisement thereof to be made, as aforesaid ; he shall for- 
 feit the value of such beast or goods, one half to him who 
 shall complain of and prosecute the said finder or keeper 
 to effect, and the other half to the treasury of the said 
 town. 
 
 SECT. 2. And if the owner of such beast or goods shall, 
 within six months, after such information, or registering, 
 or advertising, appear and make good his title or claim, to 
 such beast or goods, he shall have restitution thereof, 
 upon paying to the finder or keeper, all proper charges 
 about the same, to be assessed, when the owner and finder 
 or keeper, cannot agree, by any justice of the peace, 
 qualified to judge between the parties. 
 
 SECT. 3. And if no owner shall appear, within the said 
 six months, when such beast or goods shall have been 
 registered, or advertised as aforesaid, the town-clerk, or 
 a justice of the peace, shall then appoint two judicious, 
 disinterested persons, who shall, under oath, appraise 
 such beast or goods, according to the then just and true 
 value thereof, in money. 
 
 SECT. 4. And if the owner shall appear, within six 
 months after such appraisement, and make good his right 
 or claim to such beast or goods, and pay all proper char- 
 ges about the same, to be assessed as aforesaid, he shall 
 have restitution of the same, or the value thereof, accord- 
 ing to said appraisement, at the election of the finder, or 
 keeper. 
 
 SECT. . And if no owner shall appear, within twelve 
 months, and a day, after the registering, or advertising of 
 such beast or goods, as aforesaid, the value thereof, ac- 
 cording to said appraisement, after all proper charges arc
 
 Title 100. Surveyors. 3$? 
 
 deducted, shall belong to the treasury of the town where 
 such heast or goods shall have been found ; and the se- 
 leci-rnen of such town, are hereby empowered to recov- 
 er and receive the same, for the use of said town. 
 
 SECT. 6. If the finder or keeper of such stray beast or Goods, kc. to 
 lost goods, shall be faithful in taking care of the same, such ^ ^J^f 
 beast or goods shall be at the risque of the owner thereof, "rsl* 
 during the six months, next after the same shall have 
 been informed of, or registered, or advertised, as afore- 
 sajd. 
 
 TITLE 100. Surveyors. 
 An Act for the appointment of Surveyors-. 
 
 ^ it enacted by the Senate and House ofRep- 
 resentatives, in General Ass einbly convened, 
 That a surveyor-general shall be appointed, by the gene- Survey dr-geu- 
 ral assembly, whose duty it shall be to superintend the eia ' 
 surveying of land in this state, according to the provis- 
 ions of this act, and who shall have power to appoint a 
 
 deputy in each county, except that to which he belongs, wfao ma y a P* 
 , - J f. , j ' point deputies 
 
 for the purpose hereinafter mentioned. 
 
 SECT. 2. The surveyor-general, and his deputies, shall, 
 at all times, have and keep a field compass, on the im- T jj e j r j ut y to 
 proved plan of the Rittenhouse compass, for a standard keep standard 
 compass, in their respective counties ; and they shall ex- co ? p *? s> and 
 aminc all compasses presented to them, by any county- se 
 surveyor, in their respective counties, by such standard 
 compass, or otherwise, and shall seal such as are found 
 essentially correct, with the capital letter C. and that 
 which begins the name of the county ; and if any county- 
 surveyor shall use any compass, which shall not have 
 been examined, and sealed as aforesaid, or any chain 
 that shall not have been examined and sealed, according 
 to the provisions of the statute, entitled, " An Act pre- Penalty 
 scribing and regulating Measures," shall be liable to a 
 penalty of five dollars ; one half to him who shall prose- 
 cute to effect, and the other half to the town, where the 
 offence is committed. And the surveyor-general, or his 
 deputy, who shall neglect his duty herein, shall be liable 
 to the like penalty, to be recovered and applied in the 
 same manner, 
 
 SECT. 3. The county courts, in their respective coun- County uc- 
 ties, shall appoint one or more persons in each county, veyore. 
 to be a county-surveyor, or surveyors, who shall have 
 power to lay out lands, to renew the bounds of lands al- Their power 
 ready laid out, according to their original grants, to nan 
 
 52
 
 Title 101. Taverns. 
 
 Powers of 
 surveyor-gen- 
 eral, and bis 
 deputies. 
 
 Compensation. 
 
 Surveyor-gen- 
 eral to solve 
 questions of 
 practice. 
 
 Surveyors may 
 administer 
 oath to 
 , chain-men. 
 
 May pass on 
 the lands of 
 others, and not 
 be guilty of 
 
 trespass. 
 
 lines, to survey and measure land, and to do any oilier 
 service proper for a surveyor to do ; and who shall take 
 the oath prescribed by law : Provided, that no person 
 shall be appointed a county surveyor, unless he produce 
 a certificate from the surveyor-general, or his deputy, 
 within the county, that he is duly qualified, in point of 
 science, in the art of surveying lands, in the most approv- 
 ed method : and the surveyor-general, and his deputies, 
 shall be entitled to one dollar for their services, from 
 those who employ them, to examine and certify their sci- 
 ence in surveying, and to examine and seal, or condemn, 
 their field compasses, as in this act required. 
 
 SECT. 4. The surveyor-general shall have power, as 
 a public officer, to survey land in any county in the state ; 
 and the deputy-surveyors, and county surveyors, in the 
 county for which they are respectively appointed 5 and 
 each of them shall be entitled to one dollar and fifty cent: 
 per day, for their services, besides their expenses. 
 
 SECT. 5. It shall be the duty of the surveyor-general to 
 give his aid, assistance, and counsel, in solving all doubts 
 and questions, that may arise in practice, between any 
 two or more surveyors, according to the rules of the art ; 
 for which service he shall be entitled to two dollars per 
 day, from those who employ him. 
 
 SECT. 6. Whenever any surveyor is employed in sur- 
 veying lands, in laying out lands, in renewing lost bound- 
 aries, in running lines, or doing any service in his office, 
 and there shall be occasion to employ men to carry the 
 chain, such chain-men shall take the oath prescribed by 
 law ; and such surveyor shall have power to administer 
 the same. 
 
 SECT. 7. When a surveyor is called out to run any line- 
 between adjoining proprietors, and, in order to find the 
 course, from bound to bound, he is obliged to run a ran- 
 dom line, to find the certain and true course, and in so 
 doing, runs on the land of adjoining proprietors, such 
 surveyor shall not be deemed guilty of a trespass, in so 
 running such random line, but may lawfully do the same ; 
 provided it be done in the months of March, April, Octo- 
 ber or November. 
 
 How tavern- 
 keepers shall 
 
 TITLE 101. Taverns. 
 
 An Act for Licensing and Regulating Taverns, 
 and Suppressing unlicensed Houses. 
 
 )^^ enacted, by the Senate andHouse of Rep - 
 |_3 resentatives, in General Assembly convened, 
 That the civil authority, select-men, constables and 
 grand-jurors, in the several towns in the state, shall c<>' 

 
 Title 101. Taverns: 
 
 \ene. some lime in the month of January, annually, and be nominated 
 shall, by their major vote, nominate such person or per- and licensetl 
 sons, as they shall judge tit and suitable, to keep an house 
 or houses of public entertainment, in such town, for the 
 year ensuing. And if -any of the persons, so nominated, 
 shall die, or refuse to take out license, or be denied li- 
 cense by the county court, or shall remove from the 
 town, or be legally suspended, or the civil authority and 
 other officers, shall judge it to be matter of public con- 
 venieney and necessity to add to the number nominated 
 in January, they may. at any other time within the year, 
 convene, and, by their major vote, nominate any suitable 
 person or persons, for that purpose 5 which nomination, 
 certified under the hands of a majority of the civil author- 
 ity and select-men, in such town, shall be transmitted by 
 them to the next county court in the county ; which court 
 shall grant licenses to such and so many of such person - 
 as they shall judge to be suitable and necessary to keep 
 houses of public entertainment, and to no others : and , 
 shall take a bond to the treasurer of the county, in th- 
 surn of seventy dollars, from every person to whom li- 
 cense shall be granted, for the due observance of all the 
 laws, that are or shall be made respecting tavern-keep- 
 ers, or houses of public entertainment. Which licenses, 
 granted to persons nominated in January, shall be in 
 force for one year, and no more ; and the licenses grant- 
 ed to persons nominated at a subsequent time, shall ex- 
 pire at the same time as those granted to persons nomina- 
 ted in January. , 
 
 SECT. 2. No licensed tavern-keeper shall siiiU-r mi- Not to suffer 
 nors, apprentices, or servants, to sit drinking in his house, j-",^ t0 j* i<: 
 or to have any spiritous liquors, on pain of forfeiting one their houses. 
 dollar for every such offence. 
 
 SECT. 3. No licensed tavern-keeper, shall suffer any Norinhabit- 
 ofthe inhabitants of the town to sittipling, or drinking io a ^, s n oft 
 . excess, in his house, or any of its dependencies, on pen- 
 alty of one dollar, for every such oilence. 
 
 SECT. 4. "No licensed tavern-keeper shall sell to any Not to sell li- 
 persons, any spiritous liquors, on the Lord's day, (ex- quors, or per- 
 * ccpt to strangers and boarders.) nor permit any persons t '' h c e Tho!!se? 
 to meet in company or companies at his house on the on Lord's day. 
 Lord's day, or any fast day, on penalty of seven dollars, 
 for every such offence. 
 
 SECT. 5. No licensed tavern-keeper shall keep in his Not to keep 
 house or any of its dependencies, any cards, dice, tables, ^yTifg" In" 
 billiards, or other implement, used in gaming; nor suffer suflerit ' 
 any person to play at such games, or any unlawful game, 
 in his house, or its dependences ; on pain of forfeiting 
 seven dollars, for every such offence": and the forfcitn res
 
 400 
 
 Civil authori- 
 ty and select- 
 men, may ad- 
 monish tavern 
 keepers. 
 
 May revoke 
 license. 
 
 Right of ap- 
 peal. 
 
 No person to 
 keep tavern, 
 without li- 
 cense. 
 
 Penalty, 
 
 Informing offi- 
 cers to make 
 presentment of 
 breaches of this 
 act. 
 
 ,-' 4 . 
 
 Title 101. Taverns. 
 
 . K /;;.,. 
 
 aforesaid, shall be, to the treasury of the town where thtf 
 offence is committed. 
 
 SECT. 6. It shall be the duty of the civil authority and 
 select-Mien, to inspect the conduct of the tavern-keepers, 
 in their respective towns ; and when it shall appear to 
 them, by their own observation, or the information of oth- 
 ers, that any tavern-keeper docs not duly observe the laws 
 regulating houses of public entertainment, but suffers 
 drinking, gambling, disorders, and irregularities to be 
 practised, contrary to law, they, or a major part of them, 
 may cite such tavern-keeper to appear before them, and 
 examine him with regard to the matters aforesaid, by any 
 proper evidence ; and if they find him in fault, they may 
 admonish him to refrain from such misconduct, on pain 
 that his license shall be vacated : and if such tavern- 
 keeper shall disregard such admonition, and persist in 
 his disobedience to the law, such civil authority and se- 
 lect-men, or a major part of them, may revoke and set 
 aside his license ; and shall cause a copy of such revoca- 
 tion, under their hands, to be left with such tavern-keep- 
 er, and to be posted on the public sign-post in said town ; 
 upon which he shall no longer have right to keep a house 
 of public entertainment : Provided, that such tavern- 
 keeper shall have a right to appeal to the next county 
 court, in the county, who, after due enquiry into the facts, 
 may set aside, or confirm such revocation, as them shall 
 appear just and proper. 
 
 SECT. 7. No person or persons, except such as are du- 
 ly licensed to keep houses of public entertainment, ac- 
 cording to the provisions of this act, shall be a common 
 victualler, or tavern-keeper, or shall sell, to be drunk 
 within his or her house, shop, or dependencies, or suffer 
 there to be drunk, when by him or her sold, any metheg- 
 lin, wine, rum, brandy, gin, or other strong liquor, on 
 penalty of forfeiting and paying the sum often dollars, for 
 the first offence, and the sum of twenty dollars, for the 
 second offence, and so double for every breach of this 
 act, of which he or she shall be convicted, one half to him 
 who shall prosecute to effect, and the other half to the 
 treasury of the town where the offence is committed. 
 And no person shall buy and drink any metheglin, wine, 
 rum, brandy, gin, or other strong liquor, in any house, 
 shop, or dependence, of any person not duly licensed to 
 keep a house of public entertainment, upon the same 
 penalty as is inflicted, for selling liquors, by this act. And 
 it shall be the duty of constables, and all informing offi- 
 cers, to make presentment of all breaches of this act, in 
 which case the whole penalty shall belong to the treasury
 
 title 102. Taxes. 401 
 
 '.; : 9k 
 
 6f the town. And all presentments or actions, for the 
 first offence, against this act, may be heard and deter- 
 mined, hj a justice of the peace. 
 
 TITLE 102, Taxes. 
 
 CHAP. I. 
 
 An Act for the Assessment of Taxes. 
 , T T> E it enacted by the Senate, and House of Ren- 
 
 bLCT. 1. |-V . V. , - J 1 
 
 iLJ9 resentatives in (jreneral Assembly convened, 
 That the select-men of each town in the state, shall warn To . wn s to ap- 
 a town-meeting, to be held on or before the first Monday Ss'an^uall^ 
 in October, in each year, at which meeting, one or more 
 judicious electors, not exceeding five, shall be chosen as- 
 sessors, whose duty it shall be to receive the lists of the Theirduty 
 inhabitants of the town, containing all their taxable pro- 
 perty, and make the assessments and valuations, by law 
 required. The assessors, so chosen, shall, by posting no- 
 tice on the sign-posts of their respective towns, or by 
 publishing the same in some newspaper, printed in the 
 town to which they belong, require of all persons, liable 
 to pay taxes, in their respective towns, at least five days 
 before the twentieth day of October annually, written or 
 printed lists, of all taxable property, belonging to such 
 persons, on the first day of said October, with the particu- 
 lars of all property, real and personal, liable to be assess- 
 ed and valued ; and the assessors shall obtain such other 
 information, by viewing the premises, or otherwise, as 
 may be deemed expedient and necessary, to amend, add 
 to, and fill up said lists. And in case any person, liable 
 to pay taxes, shall, after notice given as aforesaid, neglect 
 or refuse to give or send to the assessors, a written or 
 printed list of all his taxable property, on or before the 
 twentieth day of said October, it shall be the duty of said 
 assessors to fill out a list for such person so neglecting or 
 refusing, at three-fold the rate per cent or amount that the 
 taxable property of such person would otherwise have 
 been rated. And When the lists of any town are so re- 
 ceived, or made by the assessors, it shall be their duty to 
 value and equalize the property liable to be assessed, and 
 to make other assessments by law required, and arrange 
 said lists in alphabetical order, make out an abstract 
 thereof, and lodge the same in the town-clerk's office of 
 said town, by the first day of December, in each year ; 
 and the town-clerk shall exhibit said lists and valuations, 
 to the inspection of every person liable to pay taxe%,
 
 402 
 
 Board of re- 
 lief. 
 
 Their duty. 
 
 Duty of town- 
 clerk. 
 
 Penalty for 
 
 heglect. 
 
 Real estate to 
 be set in the 
 list at three 
 per cent. 
 
 Personal es- 
 tate, at six 
 per cent. 
 
 Title 102. Taxes. 
 
 m 
 
 when thereto requested. The several towns in the si 
 shall, also, at the town-meetings aforesaid, elect a board 
 of relief, to consist of not more than five judicious elect- 
 ors, who shall meet on or before the first Monday of Jan- 
 nary, in each year, having given ten days' notice, at least, 
 of the time and place of such meeting, by posting the same 
 on the public sign-post in such town, or by publishing no- 
 tice in some public news-paper, printed in the town to 
 which the said board shall belong ; and shall hear and de- 
 termine all appeals to them made from the doings of the 
 assessors, and shall equalize and adjust the valuations and 
 assessment lists of their respective towns, whether ap- 
 peals are made, or not, from the doings of said assessors ; 
 and said board of relief, in equalizing and adjusting the 
 lists aforesaid, may increase or reduce the list of any per- 
 son ; but before they proceed to increase the list of any 
 person, they shall notify him, or leave a written notice at 
 his last usual place of residence, two days at least, before 
 increasing his list, to appear, and shew cause, if any he 
 have, why his list should not be increased. And the town- 
 clerk of each town shall, after said lists have been re- 
 ceived, examined and corrected, by the board of relief, 
 transmit, by mail, or otherwise, an abstract of said lists to 
 the comptroller, by the first day of March, in each year ; 
 which abstract sliall be made out agreeably to a form to 
 be furnished by the comptroller, to the several town- 
 clerks. And the comptroller hereby is required to fur- 
 nish blank forms to the several town-clerks, on or before 
 the first of January, in each year, of the returns required 
 of the town-clerks to be made to him as aforesaid. And 
 if any town-clerk shall neglect to transmit an abstract of 
 said lists to the comptroller, by the time aforesaid, he 
 shall forfeit and pay to the treasurer of the state, the sum 
 of fifteen dollars, to be recovered before any court, pro- 
 per to try the same. 
 
 SECT. 2. All real estate taxable by law, [viz. lands. 
 dwelling-houses, with the buildings appurtenant thereto : 
 mills ; stores ; distilleries ; and buildings with their im- 
 provements, used for manufactories, of all kinds ; lands 
 and dwelling-houses, with the appurtenances thereof, 
 which have heretofore been granted or sequestered for 
 the use of schools, or other public or pious uses, and 
 which haVe been leased or let for terms bf time not yet 
 expired, at rents merely nominal ;] shall be set in the list 
 at three per cent of the fair value thereof in money. And 
 all personal estate by law taxable, [viz. horses, asses and 
 mules, one year old or more ; neat cattle, one year old 
 or more ; silver plate, except spoons, and silver plated 
 ware : clocks. watrhe= and time-piece? : cwarhe:-. char
 
 Title 102. Taxes. 104 
 
 lots, ph;etons. eoachees, curricles, chairs, chaises, gigs or 
 sulkeys. and every other carriage or waggon, drawn by 
 one or more horses, excepting only such as are exclusive- 
 ly used on farms, or for the transportation of the produce 
 thereof to market, or for the transportation of goods, 
 A\ aivs and merchandize ;] shall be set in the list at six 
 per cent of the fair value thereof in money. And all Turnpike stock 
 stock in turnpike companies shall be set in the list at six at six per cent.' 
 per cent of the fair value thereof in money. 
 
 The owner or owners of stock in any bank, or insur- Bank and in- 
 ance company, in this state, whether such owners reside st 
 in this state or elsewhere, and the owner or owners of 
 any stock in any bank or insurance company, in any of 
 the United States, such owner or owners residing in ihi 
 state, shall be taxed therefor, and such stock shall be 
 valued, and set in the list, at six per cent of such value : 
 provided it is not taxed in the state where such bank or 
 insurance company is situated. And the cashiers of the Cashiers to in- 
 several banks, and the secretaries and clerks of the sev- form. 
 eral insurance and turnpike companies, established in this 
 state, shall, by the twelfth day of October, annually, hav- 
 ing been previously thereto requested, inform by mail, or 
 otherwise, the assessor or assessors of every town in this 
 state, where the stock in such bank or company may by 
 law be liable to be taxed, the amount of such stock liable 
 to be taxed in such town, with the amount of such stock 
 set to the name of each owner or owners on the books of 
 such bank, or insurance, or turnpike company, on the 
 first day of October, annually : and if any cashier, secre- ]^ alty for re " 
 tary or clerk, shall neglect or refuse to furnish such in- 
 formation, he shall forfeit and pay to the treasurer of each 
 town where said stock is liable to be taxed, whose assessor 
 or assessors shall not be so informed, the sum of fifty dol- 
 lars, to be recovered in an action of debt, in the name of 
 the town-treasurer. The stock belonging to persons not 
 residing in this state, in any bank, insurance or turnpike 
 company, shall be taxed as other similar estate ; and the 
 amount of all county, town, and society taxes arising on 
 such non-resident's estate, shall be, by the several col- 
 lectors, paid to the treasurer of this state. 
 
 The stock of the United States' bank, and the stock of J2J t Sg M 
 either of the United States, belonging to residents in this and stock of 
 state, shall be assessed at its just value, and set in the list, ^ v s idual 
 at six per cent of such value. 
 
 All monies at interest, secured by notes or bonds of Money at u 
 responsible persons, resident in this state, or elsewhere, 
 except monies loaned to this state, and all monies on 
 interest, secured by mortgage on real estate in this state,
 
 104 
 
 Title 102. Taxes. 
 
 Fisheries. 
 
 Polls ; 
 
 one tenth part 
 to be abated. 
 
 Exemption of 
 polls. 
 
 or elsewhere, more than the owners thereof pay interest 
 for, shall be set in the list at six per cent. 
 
 All fisheries, whether appendages of any farm or lot, or 
 block, or wharf made for the purpose of fishing, shall 
 be valued, and set in the list, at three per cent of such 
 value. 
 
 The polls of all white male persons from twenty-one 
 to seventy years of age, shall be set in the list at thirty 
 dollars, each : provided, that the assessors and board of 
 relief may abate the polls of infirm, sick and disabled 
 persons, in their respective towns, not exceeding one 
 tenth part of the number of taxable polls : and they shall 
 give reasonable notice of their time of meeting for that 
 purpose, 
 
 SECT. 3, The polls of ministers of the gospel, of all de- 
 nominations, during the time of their ministry, instruc- 
 
 Military musi- 
 cians. 
 
 Ministers ofthe tors and students in colleges, and incorporated acade- 
 gospel, &c. rnies, shall be exempted from taxation -, and the polls of 
 Officers and the officers and privates of the militia companies shall 
 privates of the be exempted from taxation, during the time of their 
 mihtia. being liable by law to do duty in their respective com- 
 
 panies : Provided, each person liable to do military duty 
 as aforesaid, claiming the benefit of this act, shall produce 
 a certificate from the commanding officer of the company 
 to which he belongs, on or before the twentieth day of 
 October, in each year, that he is equipped according to 
 law, and dressed in uniform, and has performed military 
 duty according to law, during the year preceding, or has 
 been prevented from doing the same, by sickness, bodily 
 infirmity, or other reasonable cause. The polls of drum 
 and fife majors and musicians belonging to the respective 
 regiments, duly equipped and dressed in uniform, shall be 
 exempted from taxation during the time they perform 
 duty as such in the militia of this state : provided that 
 each person claiming the benefit of this provision shall 
 produce a certificate from the commanding officer of the 
 regiment or company, in which such duty is performed, 
 on, or before the twentieth day of October, in each year, 
 that he is equipped and dressed in uniform, and has per- 
 formed military duty, at all times, when required, during 
 the year next preceding, 
 
 SECT. 4. Attornies, physicians, surgeons, traders of all 
 kinds, mechanics, taverners, brokers and distillers, shall 
 be assessed, and set in the list of the town where they 
 reside, at the discretion of the assessors, according to the 
 value and income of their business, occupation or profes- 
 sion, and the principles and rules prescribed in this act : 
 Provided, thatattornies, physicians and mechanics shall 
 
 Professions.
 
 Title 102. Taxes. 405 
 
 uot be taxed until after two years from the time of com- 
 mencing such profession or occupation. 
 
 SECT. 5. All manufacturers, not otherwise assessed by MamifaBtuv- 
 this act, shall be assessed, on the same principles, and ers ' 
 set in the list in the same manner, as traders and me- 
 chanics are, by the preceding section of this act ; ex- 
 cepting workmen, exclusively, and constantly, employed 
 in the manufactures of woolen and cotton cloths from 
 the raw materials, and in which woolen and cotton cloths 
 are made and finished from the raw materials, which shall 
 be exempted from the poll-tax and military duty, till the 
 rising of the general assembly which shall be holden 
 on the first Wednesday of May, one thousand eight hun- 
 dred and twenty-five : and the building, machinery and 
 land, not exceeding five acres, belonging to each es- 
 tablishment, shall be exempted from assessment during 
 the same period. 
 
 SECT. G. The houses and lands, with the appurtenan- Certain real 
 ces thereof, belonging to the United States, or to this 
 state, the houses and buildings with the appurtenances 
 thereof, belonging to any county, town, city or borough, 
 and the buildings occupied as colleges, academies, school- 
 houses, churches or infirmaries shall be assessed, set in 
 separate lists, and exempted from taxation. 
 
 SECT. 7. The taxable property of non-residents shall Non-residents 
 be arranged in separate assessments lists, and valued, by /s^/fcj- $. 
 the assessors, from the best information to be obtained, 
 with or without the written lists of the owners. 
 
 SECT. 8. All personal estate in the hands of trustees Trustees 
 shall be set in the list of the town where such trustee, or 
 acting trustee, lives ; but if such trustee does not live 
 in this state, then such property shall be set in the list in 
 the town where the person lives, for whose use suchprop- 
 erty is held in trust. The taxable estate of married wo- Married wo 
 men, shall be set in the lists of their husbands ; and all n 
 real estate shall be set in the list of the owner or posses- 
 sor, and shall, at all times, be and remain liable for the 
 payment of the taxes levied thereon, with the costs of col- 
 lection, until the same be paid. 
 
 SECT. 9. If any person liable by this act to pay taxes, 
 shall give or send to any assessor a written list, and there- 
 in omit taxable property, or under-rate the quantity or 
 kind, with intent to avoid paying a due proportion of tax- 
 es, it shall, in such cases, be the duty of the assessors to 
 add such property to the list of the person so offending, 
 at three-fold the rate per cent on amount that such taxa- 
 ble property is rated in this act. When the assessors 
 shall omit to assess and set in the list, the taxable estate 
 of any person, bv the first of December, and such estat 
 
 53
 
 406 
 
 Title 102, Taxes. 
 
 -shall afterwards be discovered, then the board of relief 
 shall value the same, and set it in the list at three-fold the 
 rate per cent or amount that the same kind of property 
 is rated, unless the owner can shew, that it was omitted 
 by mistake, in which case, it shall be set in the list at the 
 same rate as if it had not been omitted ; and where a poll 
 shall be omitted, the board of relief shall set it in the 
 list. 
 
 Hoard of SECT. 10. The treasurer and comptroller for the time 
 
 equalization, being shall constitute a board of equalization, and shall 
 meet, annually, on the second Tuesday of March, and 
 shall equalize and adjust the assessment list of the several 
 articles of taxable* property, which compose the lists of 
 the towns, by either adding to, or deducting from, the list 
 of any town, or any part thereof, such sum per cent, as 
 in their opinion will equalize the same, when compared 
 with the valuations of other towns. And said lists, after 
 they have been equalized and adjusted, by said treasurer 
 and comptroller, shall constitute the general list of the 
 state. And in case the board of equalization shall add 
 to, or deduct from, the list of any town, it shall be the 
 duty of the comptroller to notify the town-clerk of such 
 town -thereof, on or before the tenth day of April in each 
 year. And when notice of alterations in the list of any 
 town shall be received, by the town-clerk thereof, it shall 
 \ be the duty of said town-clerk, within twenty days after 
 he shall have received such notice, to add to, or deduct 
 from, each separate list of said town, such rate per cent 
 on each article of any such list, as shall have been increas- 
 ed, ordiminished,by the board of equalization. And said 
 town-clerk shall be entitled to receive as a compensation 
 for his services the sum of three dollars. 
 
 SECT. 11. Each assessor, and each member of the board 
 of relief, before he enters on the duties of his office, shall 
 take the oath prescribed by law. 
 
 SECT. 12. The assessors shall be entitled to receive, as 
 a compensation for their services, a sum not exceeding 
 fifty cents on a thousand dollars of the amount of the as- 
 sessment list of the town, to be paid by the town. 
 
 SECT. 13. If any town shall refuse or neglect to ap- 
 point an assessor or assessors, according to the provisions 
 of this act, and cause them to be duly sworn, such town, 
 
 Duty of the 
 lown-clerk 
 relative to al- 
 terations. 
 
 His compen- 
 sation. 
 
 Assessors, Stc. 
 to ue sworn . 
 
 Compensation 
 of assessors. 
 
 Penalty on 
 towns not ap- 
 pointing asses- 
 
 so neglecting or refusing, shall forfeit and pay the sum of 
 fifteen hundred dollars, for the use of the treasury of the 
 state. And if any person chosen to the office of asses- 
 sor, and having accepted tbe same, shall afterwards re- 
 sore refusing to f use * ke sworn or perform the duties of said office, he 
 serve. shall forfeit and pay to the town-treasury in which he 
 
 lives, the sum of thirty dollars. 
 
 &nd on asses-
 
 Title 102. Taxes. 407 
 
 SECT. 14. The assessment list in each town, as the Assessment list 
 same shall annually be made and corrected, by the as- t b a \aijo lc 
 sessors and board of relief, according to the provisions of **-*- ^ fo tf 
 this act, shall be the rule for the several counties, towns, ' 4p^/ _ -^ 
 societies, school and highway districts to apportion the 
 several taxes to individuals, living within such districts, 
 liable to pay taxes in such corporation.(l) 
 
 (1) The first mode of assessing taxes In 1702, lands were directed to be set in 
 
 appears from the revision of 1672, to have the list at a specified rate. This mode 
 
 been, to direct the towns to appoint three continued, with various modifications, till 
 
 or four persons to make out a list of all the present system, by valuation was a- 
 
 polls from sixteen years and upwards, dopted. Owing to the extreme scarcity 
 
 and an estimation of all estate, real and of money, in the early times of tbe gov- 
 
 personal. Polls were to be set in the list ernment, taxes were directed to be paid 
 
 at eighteen pounds, each ; lands to be val- in wheat, peas, rye, Indian corn, pork 
 
 ued ; houses, cattle and swirie, at specifi- and beef, 
 ed rates , and mechanics to be assessed. 
 
 CHAP. II. 
 
 An Act providing for the Collection of Taxes. 
 
 BJ E it enacted by the Senate and House of Rep- 
 ,T. . Jj resentatives, in General Assembly convened, 
 That when the general assembly shall grant a tax, to be 
 levied upon the inhabitants of the state, it shall be laid on 
 the general list completed according to law ; and it shall ?g' eas " r a j 
 be the duty of the treasurer of the state, without further ' r !, llt to collect- 
 notice, to issue and send his warrants, at least three orsineacl^ 
 months before the time of payment, directed to the '" 
 collectors of such tax in each town in the state, com- 
 manding them to levy, collect and pay the same into the 
 treasury of the state, by the time appointed for that pur- 
 pose, by the general assembly ; and if no time is limited 
 for the payment of such tax in the grant, it shall be pay- 
 able before the lastarlay of August, in each year. 
 
 SECT. 2. And it shall be the duty of the collectors in 
 each town to collect and pay such tax to the treasurer of 
 the state, by the time limited : but they shall not levy or 
 distrain therefor till two months before the day on which 
 it is payable into the treasury of the state. 
 
 SECT. 3. If any collector shall neglect to collect and ^collector 
 pay such tax to the treasurer, by the time appointed, tHe JJS^to 
 treasurer is authorized and required, within four months j ssue execn- 
 after such time, to issue an execution, returnable in sixty th>n against 
 days, against the estate and the person of such collector, 
 directed to the sheriff of the county in which the collec- 
 tor lives,who is hereby empowered to serve it in any town 
 or county in the state"; and it shall be the duty of the
 
 108 
 
 Title 102. Taxes. 
 
 On return of , 
 no;i w/, or 
 corhnYitmcnt, 
 to issue execu- 
 tion against 
 estate of se- 
 lect-men. 
 
 On return of 
 non est, to is- 
 sue execiitioJi 
 against the 
 estate of Ihe 
 inhabitants of 
 the town. 
 
 Sheriff guilty 
 of neglect, li- 
 able to pay 
 damages. 
 
 Treasurer 
 may issue exe 
 cution against 
 collector, at 
 request of se- 
 Fect-men. 
 
 Select-men 
 may bring suit 
 against negli- 
 gent collector. 
 
 His whole es- 
 tate hoi den to 
 
 sheriff to serve and make return of such execution to tht' 
 treasurer, according to the directions therein given. 
 
 SECT. 4. In case of a return of non est invenlus, or a 
 commitment of such collector, it shall be the duty of the 
 treasurer, forthwith, to issue an execution, returnable in 
 sixty days, against the goods or estate of the select-men 
 of the town where the collector lives, for the sum re- 
 maining due on said tax, and the officer's fees and charg- 
 es before that time accruing, directed to the sheriff as 
 aforesaid, who shall serve and return the same according 
 to the directions therein given. 
 
 SECT; 5. In case of a return of non est inventus, in 
 whole or in part, of the execution against the select-men, 
 the treasurer shall forthwith issue an execution, returna- 
 ble in sixty days, for the sum remaining due on said tax, 
 with all the additional costs and charges, against the goods 
 and estate of the inhabitants of such town, directed, and 
 to be served, as aforesaid. 
 
 SECT. 6. And if such sheriff is guilty of any neglect or 
 default in serving the executions aforesaid, he shall be 
 liable to pay all the damages ; and it shall be the duty of 
 the treasurer to direct suits to be brought against him, in 
 the name of the state, by the attorney for the state, in 
 the county where the treasurer resides, to recover such 
 damages ; and such attorney is hereby authorized to 
 commence and prosecute such suits to final judgment. 
 
 SECT. 7. The treasurer shall, at the request of the se- 
 lect-men of any town, issue an execution, directed to the 
 sheriff of the County, and his deputy, in the name of the 
 select-men of such town, against any collector of state 
 taxes, for such town, at any time after the tax committed 
 to him becomes due, for the balance then due on such 
 tax ; and such select-men may proceed with such execu- 
 tion, against such collector, according to law, for the in- 
 demnity of such town, and shall pay the money due on 
 such execution, to the treasurer, wifhin the term of four 
 months after such tax shall become payable ; and on fail- 
 ure thereof, the treasurer shall issue execution against 
 the goods and estate of the inhabitants of such town for 
 the sum then due. 
 
 SECT. 8. When any collector of the state tax shall neg- 
 4pct to pay and settle the same with the treasurer, by the 
 time appointed, it shall be lawful for the select-men of 
 such tbwn to bring an action, in the name of the town, 
 against such negligent collector, to recover such sum as 
 remains unpaid, and attach the estate of the person of 
 such collector, to secure the same, and to prosecute such 
 action to final judgment : and the whole estate of such 
 Collector so attached, or possessed by him, at the time of
 
 Title 102. Taxes. 409 
 
 bringing such action, shall be holdcn liable to answer the respond the 
 judgment that may be recovered against him, notwith- J" d s meut - 
 standing any subsequent disposition of such collector, or 
 any demand by a creditor. 
 
 SECT. 9. And if any such collector shall deliver up his If collector de- 
 rate-bill into the hands of the select-men, they are here- UjJIH?]* 
 by empowered to depute some proper person to collect fect-mea may 
 what remains uncollected thereon ; and the same shall be appoint anoth- 
 accounted for, in favor of such collector ; which collect- er ' 
 or, so deputed, shall have the same power, and be under 
 the same regulations, as the collector who delivered up 
 his rate-bill, as aforesaid, was invested with. 
 
 SECT. 10. When a town shall have brought their ac- ;v ^ en town 
 tion against any collector, pursuant to the direction of S^rewi!!?" 
 this act, the treasurer may issue an execution against the may issue an 
 estate of the select-men of such town, (or of the inhabit- execution a- 
 ants of such town,) for the non-payment of such tax or Elect-men, 
 taxes, in the same manner as if a return of non est inven- 
 tus had been made against such collector. 
 
 SECT. 1 1. On all the warrants issued by the treasurer, Abatement al- 
 for the collection of taxes, there shall be allowed to the lor - ed to 
 several towns, an abatement of one eighth part of the towns ' 
 amount of the taxes arising on the list of said towns re- 
 spectively, and the select-men, or a majority of them, 
 in tbe several towns, shall constitute a board to make 
 such abatements ; which eighth part the select-men of 
 the respective towns, shall have power to apply for the to be applied 
 relief of the indigent or unfortunate, in the abatement of b ? c . lvil a< V 
 their particular rates, in whole or in part, in such way lect-'inen.' 
 and manner as they shall judge most proper, reasonable 
 and just: and on a certificate of such abatement, under 
 the hands of the select-men, the treasurer shall allow the 
 same to the credit of the collector of such tax ; and for 
 the residue of the taxes laid on the several towns, they 
 shall be holden to pay the full amount, without any fur- 
 ther deduction or abatement. 
 
 SECT. 12. The select-men of the several towns in this Select-men 
 state, respectively, or the major part of them, be, and JjJJgJJJJJ 11 to 
 they are hereby empowered to abate the town taxes of taxes of poor 
 such in their respective towns as are poor and indigent persons, 
 and unable to pay the same ; and said select-men are 
 hereby required to exhibit to their respective towns, at 
 each annual meeting thereof, a list of all persons whose 
 taxes shall have been abated within the year preceding 
 said meeting : and such towns shall be liable to pay the T 
 same to the state ; and the collectors of such taxes shall 
 have right to recover the same, for the use of the state. 
 When any person is committed to gaol, by the collector 
 @f a state, for the non-payment of a tax, who is poor and
 
 410 
 
 Title 102. Taxes. 
 
 Liability of 
 town for tax 
 and costs, 
 where a per- 
 son takes the 
 poor debtor's 
 oath. 
 
 When estate 
 of seleot-mtrt 
 or inhabitants 
 is taken, how 
 to proceed. 
 
 Taxes of 
 towns, and 
 other commu- 
 nities, how 
 collected. 
 
 Collectors 
 neglecting, 
 execution may 
 be granted a- 
 gainst them. 
 
 unable to pay it, he shall be entitled to the benefit of the 
 act, providing for the relief of poor debtors, on his giving 
 the requisite notice to one or more of the select-men of 
 the town to which' he belongs ; and the town shall be re- 
 sponsible to such collector for the amount of the tax, and 
 the costs occasioned by the commitment, in case such 
 person is admitted to take the poor debtor's oath ; and if 
 such town neglect or refuse to pay it, such collector shall 
 have a right of action, to recover the same ; provided 
 such commitment be made within eight months after the 
 time such rates become due and payable. 
 
 SECT. 13. Whenever the estate of a select-man, or in- 
 habitant of a town, shall be taken on an execution, is- 
 sued against the select-men, or the inhabitants of any 
 town, according to the provisions of this act, he may ap- 
 ply to a justice of the peace of an adjoining town, who 
 shall appoint three judicious, indifferent freeholders of 
 such town, to appraise the estate so taken on execution, 
 at its true and just value, in money ; and if the same shall 
 be sold, inpayment of such execution, then such apprais- 
 ed value shall be paid by the town from whom such tax- 
 es were due, with such further damages as shall be just 
 and reasonable ; and on their refusal, the owner shall 
 have a right of action to recover the same. 
 
 SECT. 14. Whenever any town, or other community, 
 authorized by law to raise money by taxation, shall, in a 
 lawful meeting, grant a tax, to be levied on, and collect- 
 ed of, themselves, for a lawful purpose, they shall appoint 
 some proper person or persons, to be collector or collect- 
 ors ; and the select-men of towns, and the committee of 
 other communities, shall make out rate-bils for the same, 
 under their hands, containing the proportion of each in- 
 dividual to pay, according to the list made and comple- 
 ted, according to law ; and shall apply to some justice of 
 the peace, who is authorized and required to grant a war- 
 rant for collecting such tax, directed to the collector ap- 
 pointed to collect such tax, commanding and empower- 
 ing him to collect the same, according to the grant. 
 SECT. 15. And all collectors of such taxes shall collect 
 and pay the same, by the time limited by those who 
 grant such taxes ; and on failure, the select-men of each 
 town, and the committee of each community, shall have 
 power to demand any arrearages, due from their respect- 
 ive collectors, and, on failure of payment, may apply to 
 a justice of the peace, for an execution against such neg- 
 ligent collectors. And it shall be lawful for such justice 
 of the peace to grant an execution against the goods, 
 chattels, lands, and body of such negligent collector, in 
 the same form, and to be proceeded with in the same
 
 Title 102. Taxes. 411 
 
 manner, as is by law provided for the levying of exe- 
 cutions. 
 
 SECT. 16. If any collector of any state, town, or soci- In what cases, 
 ety tax or taxes, shall neglect or refuse to receive the "i^jjjjjfc 
 rate-bill or rate-bills, which he is appointed to collect, or shall he ap- 
 for the purpose of collecting the same, or shall die before pointed, to 
 he has completed the collection of such rate-bill, or rate- 
 bills, or having received the same, shall neglect to col- bills, 
 lect or pay the rates or taxes to him committed, by the 
 time appointed for that purpose, and shall deliver up 
 his rate-bill or bills to the select-men of the town where- 
 in he is appointed, in the case of a state, or town tax, or 
 to the society's committee, of the society where he is ap- 
 pointed, in the case of a society tax ; it shall be lawful 
 for the select-men of the town wherein such collector is 
 appointed, in the case of a state or town tax, and for the 
 said society's committee, in the case of a society tax, to 
 depute some meet person to collect such rate-bill or bills, 
 or the remaining sums that may be due on the same, as 
 the case may be ; and the person so deputed, in either of 
 the cases aforesaid, shall have full power to enforce and 
 complete the collection of such taxes. 
 
 SECT. 17. All collectors, duly appointed, shall have Power of col 
 full power to collect the taxes, for which a lawful warrant 
 shall be given them ; and shall have the same power to 
 command the assistance of any person or persons, in the 
 execution of their office, if necessary, as is by law given 
 to sheriffs and constables, in the execution of their offices. 
 And all persons are hereby required to yield due obedi- 
 ence, and afford their assistance immediately, on the same 
 penalties as are by law provided to enforce obedience to 
 the command of sheriffs and constables : provided, such 
 collectors shew and read their warrants to the persons 
 whose assistance is commanded. 
 
 SECT. 18. All constables, chosen to collect the state in othep towai - 
 tax, and all other collectors of taxes, shall have the same 
 power in any other town, as in their own, to collect the 
 .taxes of any person or persons, against whom they have 
 taxes in their rate-bill or lists ; and may, at any time, 
 collect such taxes, after the expiration of the year for 
 which they are appointed. 
 
 SECT. 19. The collectors appointed to collect the state |JJ J^JJf 
 and town taxes, shall give public notice of the time and in collecting' 
 place, at which they will receive the same, by publishing taxes. 
 in some newspaper printed in the county, or in an adjoin- 
 ing county, three weeks successively, and by posting up 
 notice on the sign-posts in their respective towns, at least 
 three weeks previous to the time appointed for re- 
 ceiving such taxes : and all persons neglecting to pay
 
 412 
 
 Title 102. Tuxes. 
 
 Fees of eollec 
 tors. 
 
 Mode of selling 
 land. 
 
 their taxes agreeably to notice given as aforesaid, shaH 
 be liable to pay such fees for travel to collect the same, 
 Fees for travel. a s by law are allowed sheriffs in the collection of execu- 
 tions. The collectors of other taxes shall appoint a time 
 and place for receiving such taxes, and shall give to ev- 
 ery person reasonable warning and opportunity to pay 
 the same. And on failure of payment, the collectors 
 aforesaid shall make distress therefor ; and in case a dis- 
 tress shall be made, such collectors shall distrain goods 
 and chattels, if they can be had, and shall post and sell 
 them, in the same manner as is provided by law in case 
 of) executions ; but if no goods or chattels are tendered, 
 or can be found, such collectors may levy their warrants 
 on the real estate, or on the bodies of those against whom 
 they have taxes, and them commit to gaol, there to re- 
 main till such taxes and the legal costs are paid, or they 
 are delivered in due course of law ; and all collectors of 
 taxes shall be entitled to the same fees for levying war- 
 rants, as sheriffs are by law for levying executions. 
 
 SECT. 20. When a collector levies a warrant on real 
 estate, for the payment of taxes, he shall advertise the 
 time and place of sale, three weeks, in some news-paper, 
 printed in the county, or an adjoining county, at least six 
 weeks, before the time of sale ; and then shall sell, at 
 public auction, sufficient to pay the taxes and costs 
 chargeable against the owners, and shall give to the pur- 
 chaser a deed of warranty thereof, to be lodged in the of- 
 fice of the town-clerk, where the land lies, to remain unre- 
 corded twelve months ; and if the owner from whom the 
 tax was due, or any purchaser, mortgagee, creditor of 
 such owner, or any person claiming any interest in the 
 land, shall, within twelve months from the time of sale, 
 pay or tender to the purchaser from the collector, the pur- 
 chase money, with twelve per cent interest, such deed 
 shall be void, and shall be delivered up to the person pay- 
 ing or tendering the money ; who shall hold such land 
 or estate as a security, in nature of a mortgage for the 
 money paid, and twelve per cent interest. But if the 
 purchase money and interest shall not be paid within 
 such time, then the deed shall be recorded, and the title 
 become confirmed in the purchaser, his heirs and assigns 
 for ever, 
 
 SECT. 21. The real estate, of which any person is 
 seised and possessed, in his own right, in fee, shall stand 
 charged with his lawful taxes, and may be sold for the 
 same, within one year after the taxes become due, not- 
 withstanding any transfer thereof, or attachment thereon : 
 provided, that no real estate, which has been transferred; 
 or levied upon, as aforesaid, shall be' liable to be sold for 
 
 Taxes, a lien 
 on lands for 
 one year. 
 
 JProviso.
 
 Title 103. Towns. 4j;i 
 
 rhc ^avinent of any taxes arising upon a list made up af- 
 ter such transfer or levy ; nor shall any real estate be li- 
 able to be sold for taxes, which has been legally transfer- 
 red, attached, or taken by execution, where other estate 
 can be found sufficient to pay such taxes, and the legal 
 costs. 
 
 SECT. 22. There shall be allowed to each collector of ^JJJJJJj^, 
 state taxes, three cents and an half on the dollar, for all state taxes? 
 monies such collector shall collect and pay into the treas- 
 ury, which shall be paid by the treasurer, besides seven 
 cents per mile for travel : provided such collector shall 
 make a full settlement with the treasurer, of all such tax- 
 es, as by his warrant, he was commanded to collect, with- 
 in twenty days after the time limited in such warrant, for 
 the collection : and in case any collector of state taxes 
 shall neglect to make such settlement within said twenty 
 days, there shall nothing be paid or allowed, by the treas- 
 urer, to such collector, for any monies by him collected, 
 and paid into the treasury. 
 
 SECT. 23. Whenever any corporation shall impose a Collection ol 
 tax on the shares of their stock, said corporation may ap- Jorations^oa 
 point a collectorthereof, who shall receive from the treas- their stock 
 urer of such corporation, a tax bill and warrant, to be 
 signed by any justice of the peace within the county where 
 the tax is imposed, directing such collector to collect the 
 sums specified in such tax bill , and on neglect of any stock- 
 holder to pay the same within the time limited by such 
 corporation, the collector may levy said warrant on 
 such shares, or such part thereof as may be necessary 
 io satisfy said tax and costs, and shall proceed thereon 
 in the manner provided by the eightieth section of an 
 act for the regulation of civil actions ; and his fees Collector's fee 
 shall be the same as is allowed to constables on execu- 
 tions. 
 
 TITLE 103. Towns. 
 An Act concerning Towns. 
 
 ~E^ E.< enacted by the Senate and House of Rep- 
 -T. K $ resentatives in General Assembly com: entd, 
 That all the male white inhabitants of the several towns fied ^ ^ 
 in the state, of the age of twenty-one years, who have a towa roeet 
 freehold estate not subject to a mortgage, rated in the. ings, 
 common list or assessment at nine dollars, or personal es- 
 tate, rated in said list at one hundred and thirty-fourdol- 
 lars, exclusive of their polls, or who have been duly ad- 
 mitted as electors, and who have statedly resided in such 
 
 51
 
 Title 103. Towns. 
 
 Penalty on 
 persons voting, 
 not being 
 qualified. 
 
 Duty of state's 
 nUornies and 
 grand-jurors 
 to prosecute. 
 
 Mode of war- 
 ning town 
 meetings. 
 
 Annual and 
 special meet- 
 ings, when to 
 be holden. 
 
 Power of 
 adjournment. 
 
 Town officers 
 to be appointed 
 at annual 
 meeting. 
 
 Penalty for 
 refusing to 
 accept ; 
 
 towns one year at least, shall have the right and privi- 
 lege to vote and act in town-meetings ; and persons, not 
 so qualified, shall not be allowed to vote or act in such 
 meetings : and if any person, not so qualified, shall vote, 
 act or intermeddle in any town-meeting, contrary to this 
 act, he shall forfeit and pay the sum of seventeen dollars, 
 to the treasury of the county, where the offence is com- 
 mitted ; and it shall be the duty of attornies for the state 
 in the several counties, and grand-jurors in the several 
 towns, to make presentment of all breaches of this law. 
 
 SECT. 2. When town-meetings are to be holden, a no- 
 tification in writing, specifying the objects for which they 
 are to be held, signed by the select-men, or a majority of 
 them, set upon the sign-post or sign-posts in the towns, at 
 least five days, inclusively, before the meeting is to be 
 held, shall be sufficient notice to the inhabitants toattend 
 such meeting ; and any town may, at an annual meeting, 
 designate and determine upon any other place or places, 
 in addition to the sign-posts, at which notifications shall 
 be set up, in the same manner, and for the same purpose, 
 as is provided by this act in regard to sign-posts. The 
 annual town-meetings shall be holden sometime in the 
 months of October, November, or December ; and spe- 
 cial meetings may be convened, when the select-men shall 
 deem it necessary, or on the application of twenty inhab- 
 itants, qualified to vote in town-meetings ; and town- 
 meetings may be adjourned from time to time, as the in- 
 terest of the town may require. 
 
 SECT. 3. The inhabitants of each town, qualified to 
 vote, shall, at the annual town-meeting, choose and ap- 
 point a convenient number, not exceeding seven, to be 
 select-men, a town-clerk or register, a treasurer, consta- 
 bles, surveyors of highways, collectors of town taxes, 
 grand-jurors, ty thing-men, haywards, gangers, packers, 
 sealers of weights and measures, pound-keepers, and 
 other ordinary town officers, to serve for the year en- 
 suing. 
 
 SECT. 4. The select-men shall forthwith, after such 
 choice, cause the officers of whom an oath is required by 
 law, to be summoned, and sworn to a faithful discharge of 
 their respective offices and trust : and if any person shall 
 refuse to serve in the office to which he shall have been 
 duly chosen, or shall refuse to take the oath prescribed by 
 law, when an oath is required, he shall forfeit the sum of 
 five dollars, to the use of the town, to be recovered in 
 any proper action, by the treasurer, unless such person 
 can make it appear to the court before which the action 
 is brought, that he is oppressed by such appointment, or 
 that others are unduly exempted : and every person ac-
 
 Title 103. Towns. 4J5 
 
 uepting the office to which he is appointed, or not declar- and for neglect 
 ing his refusal to accept, who shall neglect the perfor- P erformanc 
 mance of the trust committed to him, stall pay a fine not 
 exceeding three dollars to the use of the town where the 
 offence is committed. 
 
 SECT. 5. If any office in any town shall become va- Vacancies 
 cant, by the refusal, death, or removal of the person ap- may be sup- 
 pointed, such town, in a legal meeting, may appoint anoth- plied- 
 er to supply the place. 
 
 SECT. 6. The inhabitants of the respective towns, in To'ns may 
 legal meeting assembled, shall have power to make such a ^ s e . re s ula " 
 orders, rules and regulations for the welfare of the towns, 
 as they may deem expedient, and to enforce them, by 
 suitable penalties : provided, that such regulations do not 
 concern matters of a criminal nature, are not repugnant 
 to the laws of the state, and the penalties do not exceed 
 four dollars for one breach. 
 
 SECT. 7. Every town, at a lawful meeting, warned for may make by- 
 that purpose, shall have power to make by-laws for res- law ? to re- 
 training horses, cattle, asses, mules, swine, sheep, and ^|! ain cat(l< '' 
 geese from going at large, and for regulating such as shall 
 go at large : provided, that no penalty for any breach of 
 such by-law shall exceed three dollars ; and that such by- 
 laws shall not be in force till published four weeks suc- 
 cessively, in a newspaper printed in such town, or in the 
 town nearest to such town, in which a newspaper is prin- 
 ted, or in some other newspaper generally circulated in 
 the town, where such by-law is made, as the town shall 
 direct. 
 
 SECT. 8. It shall be the duty of the select-men to ?u- Duly of seiect- 
 perintend the concerns of the town, and to adjust and set- mcn - 
 tie all accounts against the same, and to draw orders on 
 the treasurer for their payment ; to keep a true, and regu- 
 lar account of all the expenditures of the town : and to 
 exhibit the same at their annual meeting. 
 
 SECT. 9. It shall be the duty of towns, and they are Duty of towns 
 
 hereby empowered, to errant annual taxes on the assess- J ' a taxes 
 . i , T i /v j P to defray ne- 
 
 ment list, made out according to law, sufficient to deiray cessary ex- 
 all lawful and necessary expense incurred by them : and penses. 
 if any town shall neglect or refuse to do it, when they 
 have information from the select-men of the want of such 
 supply, the select-men are hereby authorized to assess 
 the inhabitants, and make a rate-bill upon the list of the 
 town, last completed, for so much as is wanted to defray 
 the necessary expense of the town, and to cause the same 
 to be collected, in the same manner. n (axes laid by ill* 
 town are collected.
 
 41 6 
 
 Title 104. Town-Clerks. 
 
 TITLE 104. Town-Clerks. 
 An Act prescribing the duty of Town-Clerks, 
 
 SECT. I. 
 
 Record of 
 marriages, 
 births and 
 deaths. 
 
 E it enacted by the senate and House of Rep 
 resentatives in General Assembly convened. 
 Duty and pow- That a town-clerk, when chosen and sworn, shall contin- 
 rlerk* 01 ue * n ffi cc till another is chosen and sworn in his room ; 
 
 , and may, when there is no justice of the peace present 
 i-.~fft..?i j n a t own _ mce ting, administer the oath provided by law 
 to the officers of such town, who ought to be sworn :- 
 and it shall be his duty to enter and record all the votes 
 and proceedings of the town for which he is appointed, in 
 their lawful meetings ; and in the absence of such clerk 
 from a town-meeting, the town may choose a clerk pro 
 tempore. 
 
 SECT. 2. The town-clerk or register, in every town, 
 shall record all marriages, births and deaths of persons in 
 such town ; and parents and masters shall transmit to the 
 clerk of the town where they belong, the names of persons 
 that are born or die in their respective families, and the 
 time of their birth and death ; and executors and admin- 
 istrators shall transmit to the town-clerk, the names of 
 the persons they represent ; within one month after such 
 birth or death, on penalty of one dollar for every month 
 after the first month for which it is neglected, to the treasu- 
 ry of the town : and the town-clerk, of every town, shall 
 give an account of all such neglects, that come to hie 
 knowledge, to some grand-juror in the town, who shall 
 make presentment thereof to any justice of the peace in 
 the county. 
 
 SECT. 3. And there shall be kept, in every town, proper 
 deeds of lands, books, in which shall be registered and recorded, at 
 length, by the town-clerk, all deeds, grants, leases, mort- 
 gages and conveyances of houses, and lands and tene- 
 ments, or of any interest in them, lying in said town, de- 
 livered to him to be recorded ; and also, all executions 
 levied on lands or tenements, returned to him, by the 
 officers levying the same, to be recorded ; and also, an 
 index or alphabet to the same, containing the names of 
 the grantors and grantees, and also of the grantees and 
 grantors, in alphabetical order. And the town-clerk or 
 register, in every town, shall, on the receipt of any grant, 
 deed, conveyance or mortgage of any houses, lands and 
 tenements, note thereon the day, month and year when 
 he received the same, and the record shall bear the same 
 date : and if any town-clerk shall be guilty of a breach of 
 
 Record of 
 
 Noting of 
 deeds, &c.
 
 Title 105. Treasury. 4] 7- 
 
 this section of this act, he shall, for every such breach, 
 forfeit the sum of seventeen dollars to the treasury of tlte 
 county to which he belongs. 
 
 SECT. 4. The town-clerks shall keep the books of their Town-clerk 
 respective towns, and truly enter all the votes, grants, and shall keep 
 proceedings of the town, and shall give true copies of the bo " k " '" the . 
 same, as well as of all deeds and conveyances of lands or true" copies 8 '^ 
 tenements, by them recorded, for the same fees as are al- 
 lowed to the clerks of courts for copies : and all copies of 
 the votes and proceedings of towns, attested by the town- 
 clerk, shall be admitted as evidence in all courts ; and all 
 attested copies of deeds, with a certificate from the town- 
 clerk that they have been recorded, shall be conclusive 
 evidence of such fact. 
 
 SECT. 5. The town-clerks, in each town, shall, annual- Shall send to 
 ly, in May, send to the treasurer of the state, the names Jnfi^JJJJ,, 
 of the persons, in their respective towns, chosen consta- name of the 
 bles to collect the state tax, on pain of forfeiting, for eve- constable 
 ry such neglect, four dollars, one half to him who shall J3J StiS?" 
 prosecute to effect, and the other half to the treasurer of 
 the town where such town-clerk lives. 
 
 TITLE 105. Treasury. 
 
 An Act establishing the Treasury Department. 
 
 TTJ E it enacted by the Senate and House ofRep- 
 fj resentatives, in General Assembly convened, Duties of 
 That it shall be the duty of the comptroller of public ac- comptroller, 
 counts to prescribe the mode of keeping and rendering all 
 public accounts, and to adjust and settle all demands 
 against the state, except grants, and orders of the gene- 
 ral assembly. It shall be, also, his duty to lay before the 
 legislature, at the opening of each stated session, such 
 plans and estimates as, in his opinion, may be expedient 
 for lessening the public expenses ; for using the public 
 money to the best advantage ; for promoting frugality 
 and economy in the public expenditures, and supporting 
 the credit of the state ; and in general, for the well or- 
 dering and regulating the business of his department. 
 And he shall have free access to the public offices of the 
 treasurer and secretary, and all other public offices and 
 records, with full power to examine all books and papers 
 therein, that have relation to his office. 
 
 SECT. 2. And it shall be his duty, from time to time, 
 to examine and state the amount of the public debts and 
 credits of this state, with the United States, or with any
 
 118 Title 105. Treasury. 
 
 community, public officer^ or individual; to examine, 
 from time to time, into the collection of taxes ; to point 
 out the causes of delay in such collections, with what 
 may, in his opinion, tend to remove them ; to see that 
 the officers of government, employed in that department 
 and in every other department of the revenue, faithfully 
 execute their respective duties ; and to report to the gen- 
 eral assembly, all such as appear to be chargeable with 
 abuse of their respective trusts ; to institute suits at law, 
 in the name of the state, against any person, or persons, 
 or body of men, who have received any money or public 
 property, in any way, or for any purpose, and have not 
 duly accounted for the same, (the collectors of state tax- 
 es only excepted ;) and for this purpose, may employ an 
 attorney or attornies under him, to sue therefor, and the 
 same to pursue to final judgment and execution :' and the 
 officer, who shall collect the money on such execution, 
 and all other persons, who shall, by the appointment and 
 order of the comptroller, receive the monies of this state, 
 shall pay over the same to the treasurer, taking duplicate 
 receipts therefor, one of which shall be lodged with the 
 comptroller. 
 
 SECT. 3. It shall be the duty of the comptroller to pre- 
 pare and return to the general assembly, in May, annual- 
 ly, and oftener, if thereto required, an abstract of the re- 
 ceipts and expenditures of the public funds, during the 
 current year, ending on the thirty-first day of March, an- 
 nually ; exhibiting, under different heads, the salaries of 
 the officers of government, debentures, and contingent 
 expenses of the general assembly, expenses of newgate 
 prison, of state paupers, and all other expenses of gov- 
 ernment, together with the funds belonging to the state, 
 and the public debt. 
 
 SECT. 4. It shall be the duty of the comptroller, upon 
 the settlement of any claim or demand against the state, 
 to draw an order on the treasurer for the payment there- 
 of, in favor of the person or persons entitled to receive 
 the same ; and whenever any person shall decease, who. 
 at the time of his death, shall be indebted to the state, he 
 shall exhibit the evidence of such debt, to the executor 
 or administrator of such deceased debtor, as a claim 
 against his estate. 
 
 Treasurer's SECT. 5. The person who shall be chosen treasurer of 
 
 bond. the state, shall, before he enters upon the execution of 
 
 his office, give bonds, with surety, in the sum of twenty 
 thousand dollars, to the state ; which bond shall be taken 
 by the governor, and shall be kept and registered, by the 
 secretary of the governor, and shall continue during the 
 time the same person shall be elected, and exercise the
 
 Title 105. Treasury. 419 
 
 office of treasurer : and such treasurer shall be holden 
 to give new bonds, whenever the same shall be required 
 by the governor. 
 
 SECT. 6. It shall b the duty of the treasurer to super- Duties of 
 intend and direct the collection of the state taxes and treas rer. 
 revenue ; to receive the money arising from the taxes, 
 levied on the several towns in the state ; the fines and 
 forfeitures belonging to the state ; the duties on writs and 
 licences ; the dividends on bank-stock belonging to the 
 state ; the interest on debts due from the United States ; 
 and all other revenue of the state from every other source; 
 and to make proper entries and credits for the same in 
 the public books. 
 
 SECT. 7. The treasurer shall pay out of the public 
 monies in his hands, upon the order of the general assem- 
 bly, of the senate, or of the house of representatives, and 
 also upon the order of the supreme court of errors, of 
 the superior court, and of the several county courts, 
 when warranted by express law ; and also, upon orders 
 from the comptroller, for accounts liquidated and adjust- 
 ed by him, pursuant to law, or where he is by law em 
 powered to order the payment of money out of the treas- 
 ury ; for which payment the treasurer shall take receipts. 
 He shall pay out none of the public money, except upon 
 orders given as aforesaid ; and no order, not drawn by 
 the comptroller, shall be paid, unless registered in the 
 books of the comptroller, and a certificate of such entry 
 endorsed thereon. 
 
 SECT. 8. The treasurer, every year, shall make out a 
 complete statement of all the receipts of money into the 
 treasury, and of all the expenditures, and of all the debts 
 and credits of the state, on or before the first day of April, 
 and report the same to the general assembly, at their 
 next session. The general assembly shall, annually, in Auditors of 
 May, appoint two meet persons to be auditors, who shall treasurer's ac- 
 take the oath prescribed by law, and who, with the comp- c< 
 troller, shall audit the public accounts with the treasurer, 
 and shall make a settlement of the debts and credits, as 
 far as the state of the accounts will admit, and report the 
 same to the general assembly, at their next session. 
 When the treasurer is plaintiff in any action, andjudg- c d ^ ecover " 
 ment shall be rendered against him for costs, no execu- ^ re afurer, how 
 tion shall be issued, but the party in whose favor judg- paid, 
 ment is rendered, may exhibit the same to the comptrol- 
 ler, who may allow such account, and draw an order on 
 the treasurer for the payment thereof. 
 
 SECT. 9. The clerks of the superior court, and of the cierksto fur- 
 several county courts, shall, within twenty days after the nish comptroi- 
 risiug of their several courts, make out and render to the
 
 420 Title 105. Treasury. 
 
 ler with ab- comptroller, a list or abstract of all forfeitures of bonds ; 
 fit*ures fccT and of all judgments, rendered by said courts, on bonds 
 or forfeitures of any kind, in favor of the state ; and also, 
 of all executions granted to any attorney for the state, or 
 other public officer, on such judgments ; and also, a list, 
 or abstract of all fines, which have been imposed, paya- 
 ble to the state ; and the comptroller shall debit the ac- 
 count of such officer, with the amount of the execution 
 granted to him. 
 
 State's attorney SECT. 10. It shall be the duty of the attorney for the 
 ^collect fines, gtate ^ in each count y 5 to superintend the collection of all 
 fines, forfeitures, and judgments, in favor of the treasury 
 of the state, and to pay over the same according to law. 
 To render an The attorney for the state, in each county, and every 
 inonies receiv- ^ lcr receiver of public money, shall, on or before the 
 ed, annually, tenth day of May, annually, make out and render an ac- 
 count of all the monies received by him, for the use of 
 the treasury, to the comptroller, in such form as shall be 
 by him prescribed. And such attorney shall, also, at the 
 same time, state an account of all fines, forfeitures, and 
 judgments, and debts, in favor of the state, in his hands 
 for collection ; and the comptroller shall debit the same 
 to such attorney in his account. 
 
 tn neglect, the SECT. 1 1. And if any attorney for the state, shall neg- 
 office tu be- j ec ^ Q re nder such account, and pay over the money by 
 
 ' ID C V cl C 3. M t . 
 
 him received, for the use of the state, as above required, 
 his cilice shall become vacant ; and it shall be the duty 
 of the comptroller to give information, and certify such 
 neglect to the county court, who appointed such negli- 
 gent attorney ; and such court shall appoint another 
 attorney for the state in his place. 
 
 Bills of" costs in SECT. 1.2. All bills of costs in criminal prosecutions, 
 cutio'ns 1 how* 6 taxed and allowed by the superior or county courts, shali 
 paid, and ac- be paid by the treasurer of the state, to the clerks of such 
 counted for. courts respectively, who shall give bonds to the treasurer, 
 to the satisfaction of the comptroller, for a faithful per- 
 formance of their trust, and whose duty it shall beio pay 
 over the same to the persons entitled to it, taking their 
 receipts therefor : and all sums not demanded within six 
 months after the rising of the court, by which such bills of 
 costs shall have been taxed, shall be deemed to be relin- 
 quished to the state ; and such clerks shall account for 
 the same with the comptroller, in the next settlement of 
 
 their accounts, and shall be allowed a commission of 
 Commission. ,. i i i 
 
 five per cent on all monies so received and paid out. 
 
 Court fees, SECT. 13. It shall be the duty of each of the clerks of 
 
 how accounted the superior court to account and settle with the comp- 
 
 for - troller, for all monies received by him as court fees, in 
 
 the trial of apy cause in said court : and they shall be
 
 Title 105. Treasury. 421 
 
 allowed a commission of two and a half per cent on all 
 monies received as the avails of said court, and a like 
 commission on all monies by them paid for the use of the Commission. 
 State. 
 
 SECT. 14. The treasurer of each county shall make Duties of coun- 
 an entry, and give credit, for the fines and forfeitures be- *y treasurers. 
 longing to the county : for the fees of the court ; for the 
 taxes levied on the several town? in the county ; and for 
 all other monies belonging to the county, which shall 
 come into his hands ; and shall pay out the same, to the 
 order of the county court, to discharge the expenses of 
 the county ; and shall make an annual statement of the 
 receipts of money into the treasury, and of the expen- 
 ditures, which shall be audited by the judges of the coun- 
 ty court. 
 
 SECT. 15. The treasurers of the several counties, Expenses and 
 shall keep a true account of the expenses of the county avails of county 
 courts, including the compensation to the judges, and the C( 
 incidental expenses of the court ; and also of the avails 
 of the court, including the fines and penalties, collected 
 and paid into the treasury, in each year : and it shall be 
 the duty of each court, at their session next preceding 
 the first day of May. annually, to settle and adjust their 
 accounts ; and if it shall appear, that the avails of any 
 court shall be insufficient to defray the expenses for the 
 year preceding such settlement, such court may present 
 their accounts to the comptroller, for adjustment and set- Adjustment of 
 tlement ; and he shall draw an order, in favor of the accounts, 
 treasurer of such county, on the treasurer of the state, 
 for such sum as he shall find due to such court ; and the 
 treasurer shall pay the same accordingly : (provided, that 
 in no case, shall any order be drawn for a greater sum 
 than the amount of the duties arising on civil process, / 
 which shall be paid into the treasury of the state, in the 
 year next preceding the presenting of their accounts to 
 the comptroller./ 
 
 SECT. 16. The clerks of the several county courts Clerks of coun 
 shall, within twenty dajs after the rising of their said 
 courts, make out a list of all fines, penalties, forfeitures of fines, 
 and judgments, which shall accrue to the benefit of the 
 county, to the treasurer ; who shall charge the same to 
 the attorney for the state in such county ; and it shall be 
 the duty of such attorney to render an account of all fines, 
 forfeitures and judgments in his hands, and to pay over 
 all the money by him received, for the county, to the 
 treasurer thereof, when thereto required, and at least once 
 in each year ; for which he shall be allowed a commis- 
 sion of two and one half per cent. 
 55
 
 422 
 
 To pay over 
 dourt fees. 
 
 Disposition of 
 fines, &c.j 
 
 In qui tain 
 suits. 
 
 Duties of 
 town treasur- 
 ers. 
 
 Title 106. Trespasses. 
 
 S-ECT. IT. It shall be the duty of the clerks of tfoe 
 county courts to account for, and pay over to the treasur- 
 ers of the counties, all monies received by them as court 
 fees, for the trial of any cause'or causes. 
 
 SECT. 18. And unless otherwise expressly disposed by 
 law, all fines, forfeitures and penalties, imposed on any 
 person by the superior court, for any matter of delin- 
 quency, shall belong to the state treasury ; if by the 
 county court, to the county treasury ; and if by a justice 
 of the peace, to the treasury of the town wherein the of- 
 fence is committed. 
 
 SECT. 19. Where a penalty or forfeiture is imposed in 
 a qui tarn suit, part of which is appropriated to the use of 
 the state or county treasurer, it shall be the duty of the 
 attorney for the state to collect and pay it over accord- 
 ingly ; and he may obtain execution, in the name of the 
 treasurer of the state or county, for the part belonging to 
 them, if the plaintiff' in such qui tarn suit, in the opinion 
 of the court, cannot be safely intrusted with the collec- 
 tion of the money. 
 
 SECT. 20. The treasurer of each town, shall have pow- 
 er to receive all the money belonging to the town for tax- 
 es, fines, forfeitures, debts or otherwise ; and shall pay 
 out the same, to the order of the town or select-men. 
 And he shall make an annual statement of the receipts of 
 money into the treasury, and the expenditures, which shall 
 be adjusted by the select-men, and laid before the town, 
 at their annual meeting. And it shall be the duty of the 
 town-treasurer to call'on the justices of the peace in the 
 town, for an account of the fines, penalties and forfeitures, 
 which shall be received on judgments by them rendered, 
 at least within one year after judgment is given, and re- 
 ceive the same for the use of the town. 
 
 TITLE 106. Trespasses. 
 CHAP. I. 
 
 An Act for detecting and punishing Trespasses, 
 in divers cases, and directing proceedings 
 therein. 
 
 SECT. 1. 
 
 |E it enacted by the Senate and House of Rep- 
 ) resentatives, in General Assembly convened, 
 Forfeiture for That no person shall cut, fell, destroy, or carry away any 
 cutting timber, trees, timber or underwood, standing or lying on the land 
 of any other person, or on land sequestered for town com-
 
 Title 106. Trespasses. 423 
 
 mons, or on any common and undivided land in any town, 
 without license of the owner or owners, on paia that ev- 
 ery such person so felling, destroying, or carrying away 
 the same, and all that shall be aiding and assisting there- 
 in, shall pay to the party injured, one dollar and sixty- 
 seven cents, for every tree of one foot diameter ; and for 
 all trees of a greater dimension, three times the value 
 thereof, besides one dollar and sixty-seven cents ; and 
 eighty-four cents for every tree or pole under one foot 
 diameter ; which damages shall be recovered in an action 
 of trespass. And when the trespass is committed on Action by 
 common and undivided lands, the action shall be brought whom to be 
 in the name of the proprietors ; and when on sequestered rou ' 
 lands for town commons, the action shall be brought in 
 the name of the inhabitants of the town where the land^ 
 lie. And the proprietors of common and undivided land*, 
 and the inhabitants of towns, are hereby empowered, in 
 lawful meetings, to appoint agents or attornies, in their 
 names, to prosecute any person or persons that shall be 
 guilty of a breach of this act. 
 
 SECT. 2. Every person or persons, who shall gather, Forfeiture for^ 
 destroy or carry away any bay-berries, standing and grow- baj^b'er^ies* 
 ing on another's land, without leave from the owner, and 
 all who are aiding and assisting therein, shall pay treble 
 damages to the party injured, and fifty cents for every 
 bushel so gathered, and at that rate, for a greater or less 
 quantity. 
 
 SECT. 3. Provided, that when the court before whom Proviso in fa- 
 the trial shall be had, shall be satisfied that the defendant r ^ [J 
 was guilty through mistake, and believed the timber or m isi;ike. 
 bay-berries, were growing on his own land, they shall 
 render judgment against him for no more than the true 
 value thereof. 
 
 SECT. 4. If any person shall, wittingly ajid unlawfully, Doable Aima- 
 throw down, or leave open any bars, gates, fence or fenc- gJiJJII, f r r " 
 es, belonging to any particular enclosure, or commonficld, throwing 
 he or they shall pay to the party injured, double (Jama- down fence, 
 ges, and forfeit a sum not exceeding five dollars, accord- 
 ing to the nature and aggravation of the trespass ; to be 
 recovered in an action of trespass. , 
 
 SECT. 5. Every person, who shall set fire on any land {"8 
 that shall run upon the land of any other person, shall 
 pay to the owner all the damages done by such fire. 
 
 SECT. 6. If the plaintiff, in any of the actions aforesaid, M 
 shall make oath, that the trespasses charged in the decla- 
 ration, were committed ; that he suspects the defendant 
 committed the same ; and shall produce evidence to ren- 
 der it highly probable 5 he shall be entitled to recover the 
 penalties and damages aforesaid, unless Hie defendant
 
 '424 
 
 Trespass to 
 bridges, &.c. 
 
 Treble dama- 
 ges for, and 
 fine. 
 
 Shell-fish about 
 bridges, not to 
 be taken with- 
 out license. 
 
 Penalty 
 
 Defacing mile- 
 stones, fcc. 
 
 Penalty. 
 
 Trespasses in 
 night may be 
 punished by 
 imprisonment. 
 
 Title 106. Trespasses. 
 
 will acquit himself on oath, and testify that he did noi ciw 
 the facts, or any of them, charged in the declaration, and 
 was not aiding and assisting therein; which oath such 
 court is empowered to administer : and in such case, the 
 court shall render judgment in favor of the defendant to 
 recover double costs. 
 
 SECT. 7. If any person shall wilfully commit a trespass 
 upon any bridge over any river, creek, or tide-waters, 
 in this state, by removing or destroying any of the stone, 
 Wooden-work, or other materials belonging to such 
 bridge ; or shall remove or destroy any stone, wood, or 
 earth, which may be placed for the security or preserva- 
 tion of any such bridge ; such person shall, on conviction, 
 pay treble damages to the town, corporation, or proprie- 
 tors owning such bridge, and a fine not exceeding seven 
 dollars, for the use of the treasury of the county in which 
 such trespass may be committed. 
 
 SECT. 8. If any person shall catch any shell-fish, that 
 may grow either on the stone or wooden work of any 
 bridge, or on any stone or wood which may be placed to 
 preserve the same, without the liberty of the town, cor- 
 poration, or proprietors owning such bridge, be first had 
 in writing, such person shall pay a fine not exceeding sev- 
 en dollars, for the use of the treasury of the county in 
 which the facts complained of are committed. 
 
 SECT. 9. If any person or persons shall pull down, 
 break, or deface any mile stone, post-guide, or other mon- 
 ument for the direction of travellers ; or any railing, 
 which may by law be erected on any causeway, or pub- 
 lic road, for the safety of travellers ; such person or per- 
 sons shall pay to the town, corporation, or proprietors 
 owning such mile-stone, post-guide, other monument, or 
 railing, treble damages, and a fine not exceeding seven 
 dollars, for the use of the town where the offence is com- 
 mitted. 
 
 SECT. 10. If any of the trespasses before mentioned in 
 this act, be committed by any person in the night season, 
 who, on conviction, shall refuse or neglect to pay the 
 fines imposed, by virtue of this act, the court before 
 whom such conviction is had, shall cause the delinquent 
 so refusing or neglecting, to be imprisoned for a space of 
 time, as the nature of the offence may require, not ex- 
 ceeding sixty days. 
 
 SECT. 11. Whenever any person shall wilfully, and 
 without color of right, commit a trespass on the lands of 
 another, by cutting or destroying any trees, or carrying 
 away any timber, wood or rails ; or by destroying or tak- 
 ing away growing crops or fruits ; the party injured may 
 bring his action of trespass against him, stating such facts ;
 
 Title 100. Trespasses. 425 
 
 and if, on trial, they shall be found to be true, the court 
 .may render judgment against him for damages and costs ; Certain tres- 
 and if the defendant shall not pay the same within thirty P ass . ers ."^ 
 days after the judgment shall be rendered, he shall be 'men? withfii 
 committed to the work-house in the town where he tllirt y days, 
 
 dwells, to be kept at hard labor, not exceeding sixty day?, '"?? jV .? 3 " 
 
 , .-'. . 9. * ' ' milted totbe 
 
 and ii there be no work-house in such town, then to the work-house. 
 
 county gaol in the county, there to be imprisoned for a 
 term not exceeding sixty days ; and the court shall issue 
 execution accordingly. Provided, that in cases where Proviso, 
 any persons thus committed, shall be unable to pay the 
 expense of their support in prison, the same shall be paid 
 by the plaintiff; and if such person shall pay such exe- 
 cution, costs, and expenses, he shall be released from the 
 work-house or gaol. 
 
 SECT. 12. When any person or persons shall take up Logs,&ic. tak- 
 any logs, timber, shingles, or staves, floating, or floated, en U P " Con - 
 down Connecticut or Ousatonic rivers, the logs and tim- ousatouicTrm 
 ber being fairly marked, and the shingles and staves bun- ers to be se- 
 dled up, he shall seize, bind, or well secure the same; and cured, &c. 
 within one week next after his or their taking up, stopping 
 and seizing the same, enter the same, with the kind, big- 
 ness, length and marks of the logs and timber, the number 
 of bundles, and the kind of shingles and staves, and by 
 whom taken up, and the places where they lie, with such 
 clerk or clerks where strays and lost goods are by law to 
 be entered ; and shall let such logs, timber, shingles and Disposing of 
 staves lie, without disposing thereof, or any ways defac- logs, kc found 
 ing the marks thereon, full six months after the first en- f^'JjJJ/S, l 
 tering the same ; on penalty of forfeiting and paying to months, pro- 
 the owner or owners of such logs, timber, shingles or hibit^d. 
 staves, to wit, the sum of one dollar and sixty-seven Penalties - 
 cents for every log or other stick of timber not exceed- 
 ing thirty feet in length, and double the value of such 
 shingles or staves ; and thirty-four dollars for every log 
 or other stick of timber, which exceeds thirty feet in 
 length. And every person or persons taking up, safe se- Reward ii<w 
 curing, and entering any logs, timber, shingles or staves, S 
 shall be entitled to a fee of twenty cents, for taking, seiz- 
 ing and entering any log or stick of timber, not exceed- 
 ing thirty feet in length, and the same sum for every bun- 
 dle of shingles or staves ; four cents and two mills where- 
 of shall be allowed and paid to the clerk for entering the 
 same ; and seventy cents for every log or stick of timber, 
 which exceeds that length, four cents and two mills where- 
 of to be paid to the clerk as aforesaid. 
 
 SECT. 13. And no owner or owners of such logs, tim- *?*y 
 ber, shingles or staves, shall take away any such logs, away> when 
 timber, shingles or staves, taken up, secured and entered secured.
 
 420 Title 106. Trespasses. 
 
 as aforesaid, until he has paid the fees aforesaid, on pen- 
 alty of forfeiting and paying to him or them, that took up. 
 secured and entered the same, as aforesaid, the sum of 
 one dollar and sixty-seven cents for each log or stick noi 
 exceeding thirty feet in length, and the value of the shin- 
 gles and staves so taken up, secured and entered, as afore- 
 said, and seventeen dollars for each log or stick of tim- 
 ber above thirty feet long. 
 If no owner ap- SECT. 14. And if no owner appear to challenge, and 
 
 ^ontfftlTbe 1 * make 0<lt h ' s claim tneret 5 within six months next after 
 sold, fcc. the entry thereof, it shall and may be lawful for him or 
 
 them that took up, secured and entered the same, to dis- 
 pose thereof to his or their own use, without being ao 
 countable to the owners thereof. 
 
 Dispute, bow SECT. 15. And when any dispute shall arise, in any 
 to be adjusted. actjon brought on this act? it ghall and may be } aw f ul f or 
 
 the court, or justice of the peace, before whom the trial 
 may be, to proceed to examine the parties under oath 
 and all other evidence produced ; and to make up such 
 judgment therein, as to them or him shall appear equit- 
 able and just. 
 
 No mast, Sic. SECT. 16. No person or persons shall stop, take up, or 
 fort^ee"^^ 3 i nterru ptj an y mast, yard, or spar, which exceeds forty 
 length, afloat in feet in length, floating down Connecticut river, within 
 Connecticut this state, above Middletown, unless authorized thereto, 
 nver, to be tak- ^ ^ owner except he or they carry the same into the 
 en up, above * * * -f, i i i n i 
 
 Middletown, cove at Wethersneld. And whoever shall stop, take up, 
 
 unless carried O r interrupt in any mast, yard, or spar, contrary to this 
 feU eove """ section, shall be liable to double damages that may accrue 
 to the owner of said mast, yard, or spar, to be by him re- 
 covered in any court within this state, proper to try the 
 same. 
 
 Breaches of this SECT. 17. Any one justice of the peace of the town 
 act, before not interested in any suit, brought for a breach of this 
 whom tried. ^ ghaU have j ur i s di c tion thereof, except when the 
 damages demanded amount to more than thirty-five dol- 
 lars ; any thing in any law to the contrary notwithstand- 
 ing. 
 
 CHAP. II. 
 
 An Act to detect and punish Trespasses com- 
 mitted in the night season. 
 
 BE it enacted by the Senate and House of Representa- 
 tives in General Assembly convened, That when any 
 hdo^e^the damage is done in the night season, in a secret manner, 
 the party injured may speedily prefer his complaint
 
 Title 107. Trespasses. 427 
 
 against the person he suspects to have done the wrong, to 
 any court or justice of the peace, who may forthwith issue 
 a precept, and bring such suspected person before them 
 or him 5 and if the plaintiffcan adduce sufficient testimo- 
 to render it probable, that the defendant committed the 
 injury, he shall be adjudged gulty unless he shall offer 
 to be examined on oath : and such court shall have power 
 to administer an oath to the defendant, and to enquire of 
 him, as wall as of all other witnesses produced, by the 
 party, respecting the matter complained of. And if the 
 defendant can satisfy the court, that he did not commit 
 the injury complained of, and was not aiding therein, he 
 shall be acquitted, and recover his costs ; but if he cannot, 
 he shall be liable to answer for all the damages the plain- 
 tiffhas sustained, with the costs. 
 
 TITLE 107. Turnpike Roads. 
 An Act relating to Turnpike Roads. 
 
 j T^ E it enact t d by the Senate and House of Rep- 
 O resentatives in General Assembly convened, 
 That the senate, during the session of the general assem- Senate to ap- 
 bly in May, shall annually appoint on each of the turnpike fio'nerson 1 
 roads, which now are, or hereafter shall be established, pike roads ; 
 by law, in this state, two commissioners, who shall be 
 called commissioners of turnpike roads ; and it shall be 
 the duty of said commissioners, before the twentieth day their dut y 
 of June, in each year, and at other times, if in their 
 opinion, the public. good shall require it, carefully. to in- 
 spect the several turnpike roads, on which they may be 
 appointed commissioners, as aforesaid ; and in the case 
 of the death or resignation of any commissioner, during the 
 recess of the general assembly, such vacancy may be sup- Vacancies, hour 
 plied by appointment by the governor, until the next ses- su PP lied - 
 sion of the general assembly ; and the clerk of the senate, WJio to . 
 or secretary of the governor, shall give notice to the com- no tj ce O f ap- 
 missioners appointed, of their said appointment, as soon pointment. 
 as may be. 
 
 SECT. 2. Whenever, in the opinion of said commis- Power of eona- 
 sioners, any turnpike road, which it may be their duty to missl ers 
 inspect, shallnotbe kept in good and sufficientrepair, such 
 commissioners shall have power, and they are hereby fully 
 authorized, to order the gate, or gates on such insufficient 
 road, to be thrown open, and to cause that the same re- 
 main open, and no toll received, for passing on said road, 
 until said road shall be placed in such a state of repair, 
 as shall be acceptable to said commissioners ; and it shall 
 be the duty of the commissioners, o the several turnpike
 
 Commissioners 
 may require 
 railings, &.c. on 
 the roads. 
 
 Expense, how 
 paid, &c. 
 
 Commissioners 
 to liquidate ex- 
 penses. 
 
 To limit the 
 time for mak- 
 rng repairs, &c. 
 
 428 Title 107. Turnpike Roads. 
 
 roads, to give reasonable notice in writing, to the clerk of 
 the proprietors of such road, of the time when they shall 
 inspect the same, and after such inspection, like notice 
 to the clerk of said company, of any order or orders, which 
 may be made relative thereto. 
 
 SECT. 3. It shall be the duty of said commissioners, to 
 require suitable railings, to be erected at such place or 
 places, on the respective roads, on which they are com- 
 missioners, where they may consider them necessary ; 
 and the expense of such railings, and of all other improve- 
 ments, on such roads, which may be required by said com- 
 missioners, shall be defrayed by the proprietors of the 
 respective roads, on which such railings may be erected, 
 or improvements made : and the whole amount of the 
 expense, to which such proprietors may be subjected, as 
 aforesaid excepting the expense of making the ordinary 
 and necessary repairs, shall be added to the capital stock 
 of such proprietors ; and all such claims and charges shall 
 be liquidated, and allowed, by said commissioners. 
 
 SECT. 4. Whenever said commissioners, shall order any 
 repairs or improvements to be made, as aforesaid, on any 
 turnpike road, they shall limit such time for that purpose, 
 as they shall judge reasonable, and give notice thereof, 
 in writing, to the clerk of the turnpike company, to whom 
 it shall belong to repair and improve such road ; and if 
 such company shall neglect to repair such road, after re- 
 ceiving such notice, for the space of one month after the 
 time limited as aforesaid, their charter may be declared 
 void, on application to the general assembly, for that 
 purpose. 
 
 SECT,. 5. It shall be the duty of the commissioners, 
 which are or may be appointed, to inspect the several 
 turnpike roads, to state the accounts of the several com- 
 panies in such forms as. shall be prescribed by the treas- 
 urer of this state, for the time being; and .Le capital 
 stock of each company allowed, and which shall be duly 
 allowed, from time to time, shall be staled in one ac- 
 count ; and the annual repairs and expenses, and the 
 tolls annually received* shall be stated in a distinct ami 
 separate account ; and the said treasurer shall procure, 
 and furnish said commissioners, with printed blark forms 
 for that purpose. And such accounts shall be annually 
 adjusted and staled, and returned to said treasurer, who 
 shall make a report thereof to the general assembly ; and 
 the same, being allowed, shall be registered by the trcas- 
 where to be urer, in a book to be kept for that purpose ; and the 
 kept. originals shall be lodged and kept on tile in the treasur- 
 
 er's office. And said commissioners shall also lodge w-th 
 the clerks of the respective turnpike companies, annual- 
 ly, duplicates of the accounts by (hem stated and adjust- 
 
 To state the 
 accounts of the 
 company. 
 
 in what man- 
 ner ;
 
 Title 107. Turnpike Roads. 429 
 
 ed, as aforesaid. And all necessary expenses, which the 
 commissioners shall allow, in pursuance of any law au- 
 thorizing the same, may be charged in the account against 
 such road, and when so charged, the items thereof shall 
 be specified ; but no deficiency of interest shall be 
 charged as an addition to the stock of any company. 
 
 SECT. 6. Any one of the commissioners is hereby au- In what caset, 
 
 thorized to do and perform, any and all the duties requir- . ne cotnmis - 
 
 T , ., . , f . 11 i Jt sioner may act. 
 
 d by this act, relating to the roads, wherein they are or &, c . 
 
 may be appointed commissioners, excepting when said 
 commissioners deem it proper that both of them should 
 attend upon, and perform such duties ; and in all cases, 
 where improvements or repairs are ordered to be made 
 on any turnpike road, it shall be the duty of one, only, of 
 the commissioners, to review said road, and determine 
 whether such improvements or repairs are made. 
 
 SECT. 7. Each of said commissioners, shall be allow- Compensatioa 
 ed the sum of two dollars for each day, he shall be em- Commission 
 ployed in rendering the services required of him by this 
 act ; which shall be paid by the turnpike company, on 
 whose road he may have been appointed as aforesaid ; 
 and shall also constitute a part of the capital stock of 
 Such turnpike company. 
 
 SECT. 8. Whenever there shall be occasion to make Turnpike com 
 any drain, or clear any water-course, on any place or ope'ndrainsand 
 places, where water may drain off from any turnpike water-courses, 
 road, to make the same dry, and better to pass on, the 
 turnpike companies which now are, or hereafter shall 
 be incorporated, or the directors thereof, with such per- 
 sons as they shall employ, attending them, may, and they 
 are hereby empowered to make such drains, and clear 
 such water-courses, and places where water may drain 
 off from such turnpike road, into or through any person's 
 land, or possessions, so far as may be necessary, sufficient- 
 ly to drain the water off, from such turnpike road. 
 
 SECT. 9. The directors of the several turnpike com- Wrectorsmay 
 panics, may contract with any person, to use their road, use of their 
 and pass their gates, for any sum, and term, as may be road, 
 agreed upon. 
 
 SECT. 10. Whenever any person, in going from town '"^tobto 
 to town, or from place to place, shall travel upon a turn- to 6 * the tol , y 
 pike road, and with intent to avoid the payment of toll, an d double 
 shall, before coming to a gate, depart from said road, 
 and afterwards, beyond such gate, shall return to, and 
 travel upon said roiad, such person shall be liable to pay 
 the same toll, as if he had passed said gate, and if sued 
 therefor? and judgment be rendered for the plaintiff, sucn 
 person shall, at the discretion of the court, be liable to 
 pay double costs ; and if any person passing a turnpike
 
 430 Title 107. Turnpike Roads. 
 
 gate, shall refuse to pay the toll, by law payable at such 
 gate, and be sued therefor, and judgment be rendered 
 for the plaintiff, such person shall, at the discretion of the 
 court, be liable to pay double costs. 
 
 What bridges SECT. 11. In all cases were the incorporating act of 
 a^u^nplk'^com- an y turn P^ e company, does not designate what bridges 
 pany. on their road, shall be built by them, and those which 
 
 shall be built by the town where situated, and such com- 
 pany, in building, and putting such road in repair, have 
 built any bridge or bridges , which otherwise might have 
 belonged to the town, where situated, to have built, it 
 shall be conclusive evidence that such bridge or bridges, 
 belong to such company to build and keep in repair $ 
 Commissioners an j i n a n cases, where any bridge on any turnpike road, 
 the^abut'ments belongs to any town to build and repair, it shall be the 
 t>! bridges, to duty of the commissioners of such road, (both parties 
 be built by being notified or present,) to ascertain and designate, by 
 suitable bounds and description, the extent of its abut- 
 ments from the bridge, and cause such description to be 
 lodged with the clerk of the town, where such bridge is 
 situated. 
 
 Clerks of com- SECT. 12. The clerk of each turnpike company shall, 
 panics to certi- within one month after the annual meeting of said com- 
 d^rec'to'rs'kc 3 . or P an y> certify in writing, to one of the commissioners of 
 the road, belonging to such company, the names of the 
 persons chosen directors and treasurer of such compa- 
 ny, for that year ; and if such clerk shall neglect to cer- 
 tify as aforesaid, it shall be the duty of such commis- 
 gates to be set sioners, to set and keep open the gates on such road, un- 
 til they shall receive such certificate. 
 
 Directors, &.c. SECT. 13. Whenever the commissioners of any turn- 
 commissioners. P'^ e r ad, shall give notice to one of the directors or 
 treasurer of the company, of the time and place of their 
 To settle ac- attendance, to settle the accounts of said company, and 
 counts ; sa i(j director, or treasurer shall neglect or refuse to at- 
 
 tend, and settle the same, it shall be the duty of such 
 8et 8 cmeii. commissioners, to cause the gates on such road, to be 
 
 kept open, until such settlement be made. 
 
 Rates of toll es- SECT. 1 4. The several turnpike companies in this state, 
 
 tabhshed. are authorized to collect and receive, in the following 
 
 cases, the toll following, at each gate, where a whole toll 
 
 is allowed by law, to wit : 
 
 For each waggon, the body not hung on springs, drawn 
 
 by one horse, six cents and three mills. 
 For each four wheeled pleasure carriage, drawn by one 
 
 horse, eight cents. 
 
 For each waggon, or four wheeled carriage, for transport- 
 ing loads, when drawn by two beasts only, twelve cents 
 and five mills. 
 For each additional beast, three cents.
 
 Title 107. Turnpike Roads. 43 j 
 
 If such waggons or four wheeled carriages are empty 
 
 half the sums aforesaid. 
 For loaded carts, or ox waggons, drawn by four beasts, 
 
 twelve cents and five mills. 
 For each additional beast, three cents. 
 For empty carts or ox waggons, only half the aforesaid 
 
 sums. 
 
 And at each gate, where only a half toll is by law al- 
 Jowed, half the aforesaid tolls, and no more, shall be col- Half toll 
 tectible in the cases aforesaid. And this act shall not af- 
 fect the toll prescribed by the act incorporating any turn- 
 pike company. 
 
 SECT. 15. No turnpike company shall take benefit of What exemp- 
 the provisions of the last section, unless such company tior ' s t( ? be , 
 have passed, or shall pass a by-law, or vote, making the Sm^ny. 
 following exemptions, to wit: All persons travelling for 
 the purpose of going to, or returning from any meeting, 
 for the purpose of public worship, if such meeting is 
 held in the same, or next adjoining town ; and also, all 
 persons going to, or returning from funerals, in the same, 
 or next adjoining town ; all officers and soldiers going to, 
 or returning from military duty, by order of law, or by 
 authority of this state, or of the United States ; all per- 
 sons going to, or returning from grist-mills, on horseback 
 or with carriages, unless they travel more than four miles 
 on such road ; all persons going to, or returning from 
 their usual and ordinary farming business, unless they 
 travel more than four miles on such road ; all persons 
 going to, or returning from any town, or society, or elec- 
 tors' meetings. And such company shall transmit a copy 
 of such vote or by-law, (when the same has not already 
 been done,) to the secretary of this state, and also lodge a 
 like copy, with one of the commissioners on said road.. 
 
 SECT. 16. If any person shall make any encroachment Encroach- 
 on any highway, on which a turnpike is now, or hereaf- ^" ts ^ s turn 
 ter shall be, bylaw, established, the president and direc- jj OW removed, 
 tors of such turnpike road, or the board of directors, in 
 those turnpike corporations, in which there is no presi- 
 dent for the time being, or a committee appointed by 
 them for that purpose, arc hereby directed and empower- 
 ed, to give notice in writing, to the person or persons, who 
 may make such encroachment, to remove the same. 
 And if the person or persons warned as aforesaid, do not 
 cause such encroachment to be removed, within one 
 month after notice shall have been given as aforesaid, it 
 shall be lawful for such president and directors, or such 
 board of directors, or such committee appointed by them 
 as aforesaid, to remove the same ; and the expense of re- 
 moving such encroachment, shall be recovered by such
 
 132 
 
 Encroach- 
 ments repeat- 
 ed, how re- 
 moved. 
 
 Penalty. 
 No appeal, 
 
 Certain rights 
 of the Hart- 
 ford and New- 
 Haven turn- 
 pike company 
 secured. 
 
 Penalty for 
 violating those 
 rights. 
 
 Proviso^. 
 
 Title 108. Usury. 
 
 president and directors, or such board of directors, of the 
 person or persons by whom the same shall have been 
 made, by action, before any court proper to try the same. 
 And when any encroachment on any turnpike road shall 
 have been once removed, as aforesaid, if the same shall 
 again be made, it shall be lawful for such president and 
 directors, or such board of directors, or such committee 
 appointed as aforesaid, to remove the same, without giv- 
 ing further notice. And every person prosecuted for re- 
 newing such encroachment, and convicted, shall incur a 
 penalty of seven dollars, for every such offence, to be re- 
 covered by such president and directors, or such board of 
 directors, as aforesaid. And no appeal shall be allowed 
 in any suit, which may be brought by virtue of the pro- 
 visions of this section. 
 
 SECT. 17. The property of all trees now growing, or 
 which shall hereafter be set out for shade or ornament, 
 within the limits of the highway, purchased by the Hart- 
 ford and New-Haven turnpike company, and of all the 
 stones and other materials, suitable for making, or repair- 
 ing said road, which were left on said road, when the same 
 was opened, and are now remaining thereon, shall be, and 
 the same is hereby vested and established in said compa- 
 ny. And each and every person, who shall, without the 
 permission of said company, take up, cut down, or destroy 
 any such tree or trees, or shall remove off said road, any 
 stones or other materials, as aforesaid, shall forfeit to, and 
 for the use of said company, three times the value of such 
 trees, stones or other materials ; and for each tree so tak- 
 en up, cut down, or destroyed, a further sum of two dol- 
 lars, besides the threefold value thereof, as aforesaid ; 
 and said forfeiture may be recovered by suit or action, in 
 the name of the company only, and for their use, before 
 any court of record proper to try the same. But, no tree 
 or trees, now standing, or which may hereafter be set out, 
 in front of, or near any dwelling-house, for shade or or- 
 nament, shall be liable to be removed by said company, 
 without the approbation of the commissioners, appoint- 
 ed to inspect said road. 
 
 TITLE 108. Usury. 
 An Act to restrain the taking of Usury. 
 
 SECT. 1. 
 
 BE it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened, 
 Usurious con- That no person or persons, upon any contract, shall take 
 acts void. Directly or indirectly, for the loan of money, or any goods.
 
 Title 109. Vexatious Sui/x. 
 
 wares or merchandize, or any property whiuevej-. above 
 the value of six dollars, for the forbearance oi'one hundred 
 dollars for a year, and so after that rate, for a greater or 
 less sum, or for a longer or shorter time ; and all bonds, 
 contracts, mortgages and assurances whatever, made for 
 the payment of any principal or money lent, or covenant- 
 ed to be lent, upon or for usury, whereupon, or whereby, 
 there shall be reserved or taken above the rate of six dol- 
 lars for the hundred, as aforesaid, shall be utterly void. 
 
 SECT. 2. Every person, who shall take, accept, and Forfeiture for 
 receive, by means of any corrupt bargain, loan, or ex- taking usury, 
 change, or deceitful conveyance, or by any other means, 
 for the forbearance or giving day of payment for a year. 
 of and for money, or any other property, above the sum 
 of six dollars for the forbearance of one hundred dollars 
 for a year, and after that rate for a greater or less sum, or 
 for a longer or shorter time, shall forfeit the value of the 
 money or other property so lent, bargained, sold, or 
 agreed for; one half to him who shall prosecute to ef- 
 fect, and the other half to the treasury of the state. 
 
 SECT. 3. And in any action, brought on any bond, bill, Defendant 
 or mortgage, or any contract whatever, it shall be lawful ^^ fjJint^ot 
 for the defendant to inform the court before which the ac- usury, 
 tion is pending, by filing his complaint with the clerk, on 
 the second day of the session of the court, that such con- Parties may 
 tract was given on a usurious consideration ; and in that be examined 
 case, the court shall proceed to enquire into the truth OI 
 of such complaint, as a court of equity, and may examine 
 the parties on oath, and may receive any other proper 
 testimony ; and if the plaintiff shall refuse to be examined 
 on oath, he shall become nonsuit, and the defendant shall 
 recover his costs. And if the court shall find, that the 
 contract was given upon usurious consideration, they shall 
 proceed to adjust the same in equity, and shall give 
 judgment for the plaintiff to recover no more than the 
 value of the goods, or the principal sum of money, which 
 the defendant received, without interest, or any advance 
 on the same. And the like proceedings may be had in , 
 any cause pending before a justice of the peace. 
 
 TITLE 109. Vexatious Suits. 
 
 An Act to prevent Vexatious Suits. 
 
 BE it enacted, by the Senate and House of Representat- 
 ives, in General Assembly convened, That if any per- 
 son shall commence and prosecute any suit or complaint exaoui 
 against another, in his own name, or the name of others, suits liable to
 
 434 
 
 Title 110. Weights and Measures. 
 
 pay trebble 
 damages and 
 to be fined. 
 
 without probable cause, and with a malicious intent, un- 
 justly to vex and trouble him, he shall be liable to pay 
 treble damages to the party injured, and to be fined the 
 sum of seven dollars to the use of the treasury of the 
 county where the offence is committed ; and for the third 
 Third offence, offence such person shall be proceeded against as a com- 
 mon barrator. 
 
 TITLE 1 1 0. Weights and Measures. 
 An Act delating to Weights and Measures. 
 
 SECT. 1. 
 
 Standard 
 weights and 
 measures to be 
 kept at the 
 treasury office. 
 
 Duty of treas- 
 urer in relation 
 thereto. 
 
 County treas- 
 urers to keep 
 standard 
 weights and 
 measures ; 
 
 on penalty. 
 
 E it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened, 
 That there shall be kept at the treasury office, to be in 
 the custody, and under the care of the treasurer of the 
 state, for the time being, the following measures and 
 weights, that is to say : a half bushel brass measure, of 
 the capacity of one thousand and ninety-nine cubic inch- 
 es ; also, a brass peck measure, of half the said capacity, 
 and a brass half-peck measure, of one quarter of the said 
 capacity, to be called by those names respectively, which 
 shall be the standard of corn measures ; also, a brass ves- 
 sel, of the capacity of two hundred and thirty-one cubic 
 inches, which shall be the standard wine gallon measure ; 
 and a brass vessel, of the capacity of two hundred and* 
 eighty-two cubic inches, which shall be the standard ale 
 or beer gallon measure ; also, a brass or iron rod or plate, 
 of one yard in length, divided into three equal parts, for 
 feet in length, and one of those parts, subdivided into 
 twelve equal parts for inches, which shall be the standard 
 of those measures respectively ; and also, brass weights of 
 one, two, four, seven, fourteen, twenty-eight, and fifty-six 
 pounds, which shall be the standard of avoirdupoise- 
 weights. And it shall be the duty of the said treasurer,, 
 personally, or by some proper person or persons, by him 
 appointed, to try all such weights and measures as shall, 
 pursuant to the provisions of this act, be presented to him 
 to be tried, by the proper standard, and to seal such as 
 shall be found true, with the capital letters, S. C. 
 
 SECT. 2. The treasurer of each county, for the time 
 being, shall constantly keep and preserve in good order, 
 weights and measures, correspondent to all the aforesaid 
 standards, and of all like materials, and see that they are 
 tried and sealed by those standards ; and if any county- 
 treasurer, shall neglect to keep any of the weights or 
 measures aforesaid, he shall forfeit seventeen dollars, for 
 every three months of such neglect, to be recovered by
 
 Title 110. Weights and Measures. 435 
 
 -suit of the state's attorney for such county, for the use of 
 
 the county treasurer ; and it shall be the duty of the treas- Their duty 
 
 urer of the county, for the time being, either personally, hereia 
 
 or by some proper person or persons, by him appointed 
 
 for that purpose, to try all such weights and measures, as 
 
 shall, pursuant to the provisions of this act, be presented 
 
 to him to be tried, by the county standard, and to seal 
 
 such as shall be found true, with the capital letter C., 
 
 and also with the letter which begins the name of the 
 
 county. 
 
 SECT. 3. The select-men of each town, shall, at all Select-men to 
 times, see that weights and measures, of the various ard^vetehts"** 
 kinds aforesaid, are provided for their respective towns, and measures, 
 at the cost and charge thereof, as standards for such for their towns, 
 town, which shall be of good and sufficient materials ; and 
 those of the standard for liquid measures, shall be of cop- 
 per, brass, or pewter ; and cause the same to be tried, and 
 sealed, by the the county standards. And they shall, also, 
 see that vessels for corn measure, of the following forms 
 and dimensions, are provided, for the standards of their 
 respective towns, to wit : a two quart measure, the bot- 
 tom of which, on the inside, is four inches wide, on two 
 opposite sides, and four inches and an half, on the oth- 
 er two sides, and its height from thence, seven inches 
 and sixty-three hundredths of an inch ; a quart measure, 
 the capacity of which is three inches square from bottom 
 to top throughout, and its height, seven inches and sixty- 
 three hundredths of an inch ; and a pint measure, the ca- 
 pacity of which, from bottom to top, is three inches 
 square throughout, and Us height, three inches and eigh- 
 ty-two hundredths of an inch; and in default thereof, such 
 select-men shall, on conviction, before a justice of the 
 peace, forfeit and pay a fine of seven dollars, the one half Penalt y 
 to him who shall prosecute the same to effect, and the 
 other half to the town treasury. And all informing offi- 
 cers are required to inquire after, and due presentment 
 make, of all breaches of this act : and after such convic- 
 tiou. the select-men, for the time being, shall incur a like 
 pe laity for every two months, they shall neglect their du- 
 ty herein prescribed, or shall, at any time, fail to pre- 
 serve such weights and measures true, and in good order, 
 for the use of the town, to be recovered as aforesaid, for 
 the use aforesaid. 
 
 SECT. 4. The sealer of weights and measures in each Duty of scalar ^ 
 town, shall have the custody and safe keeping of the measures .* 
 weights and measures belonging to the town, and it shall 
 be his duty, once in every year, to try the several weights, 
 steelyards and measures, that are used by any person in 
 such town, by the town standards ; to deface and destroy
 
 136 
 
 Title 111. Work-Houses. 
 
 Penalty for 
 using unsealed 
 weights or 
 measures 
 
 Penalty upon 
 sealers for 
 neglect of 
 duty. 
 
 Charcoal, &c. 
 how meas- 
 ured. 
 
 such as cannot be brought to compare with (lie standard, 
 and to seal with the capital letter, initial in the name of 
 the town, such as are found or made true ; and such seal- 
 er shall, some time in the month of April, yearly, give no- 
 tice to the inhabitants of the town, by a writing posted on 
 the sign-posts, and other public places in the town, to 
 bring their steel-yards, weights and measures, at the time 
 and place therein fixed, to be tried and scaled. And if 
 any person shall, for the purpose of buying or selling, use 
 any weight or measure, until the same shall have been 
 scaled, in manner aforesaid, he shall, for every such of- 
 fence, forfeit the sum of two dollars, one half for the ben- 
 efit of the town, in which such offence shall be commit- 
 ted, and the other half to the sealer of weights and meas- 
 ures for said town, whose duty it shall be to prosecute 
 the same to effect ; and every sealer who shall neglect 
 his duty required by this act. shall forfeit the sum of five 
 dollars, for every such neglect, to the town treasury. 
 
 SECT. 5. The half bushel measure, and the parts there- 
 of, herein described, shall be .the standard measures, for 
 charcoal, all kinds of fruits and vegetables', and shell-fish, 
 when sold by measure ; and in measuring the said arti- 
 cles, the measures shall be well heaped. 
 
 TITLE HI. Work-Homes. 
 
 Powers of 
 towns in re- 
 lation to 
 work-houses. 
 
 Overseers of 
 work-house. 
 Their powers 
 and duties. 
 
 Aii Act authorizing towns to erectWork-House*. 
 or Houses of Correction. 
 
 SECT. 1. 
 
 K it enacted by the Senate and House of Rep- 
 resentatives in General Assembly convened. 
 That the several towns shall have power to establish 
 work-houses, or houses of correction therein; to erect 
 and provide suitable buildings, with cells or apartments* 
 proper for the confinement of offenders sentenced there- 
 to ; to furnish materials for the work of those who are 
 ordered to labor ; to direct the kind of labor, and the 
 manner and place in which it is to be performed, either 
 within, or without the work-house ; and to make all regu- 
 lations necessary to carry this law into effect, not incon- 
 sistent with the laws of the state. 
 
 SECT. 2. The select-men of each town shall be the 
 overseers of the work-house therein: they shall have 
 power to appoint some meet person to be the master or 
 keeper of the same : they shall superintend and direct 
 the master, as to the management, labor and food of the 
 prisoners : they shall once in three months, at least, visit
 
 Title 111. Work-Houses. 437 
 
 .such work-house : they shall see that the law is duly ex- 
 ecuted : they shall take care that the prisoners ar6 suita- 
 bly provided for, and not exposed to abuse, or oppression : 
 and if the master shall be guilty'of misconduct, they may 
 remove him, and appoint another in his place. 
 
 SECT. 3. It shall be the duty of the master of each Duties of the 
 work-house, to receive all persons, who shall be sent m 
 there, by lawful authority, and to keep them to such la- 
 bor as they are able to perform, during the time for which 
 they are sentenced to such work-house; and if any of 
 them shall be refractory and stubborn, and refuse to 
 work, or to perform their work in a proper manner, he 
 may put them in close confinement, till they will submit 
 to perform their tasks, and obey his orders ; and in case 
 of great obstinacy, and perverseness, he may reduce them 
 to bread and water, till they are brought to submission 
 and obedience. 
 
 SECT. 4. If any offender shall abscond, escape, or de- Escape ot 
 part from the work-house, without license, the master pns 
 shall have power to pursue, retake, and bring him back, 
 and to require all necessary aid for that purpose ; and Punishment, 
 when so returned, the master may confine him to his work, 
 by fetters or shackles, or in such manner as he may judge 
 necessary ; or may put him in close confinement till he 
 will submit to the regulations of the work-house ; and for 
 every escape, each offender shall be holden to labor, in 
 the work-house, for the term of one month, in addition to 
 the time for which he was committed. 
 
 SECT. 5. It shall be the duty of each town to provide Expense of 
 for the support of the prisoners in the work-house ; and p^onersfhow 
 all the earnings of any prisoner more than sufficient to dfrayed. 
 pay for his support, and the costs of prosecution against 
 him, shall be paid to him, or if he has a family, for their 
 support, if necessary ; and if the earnings are insufficient 
 to defray the expense, it shall be borne by the town, ex- 
 cept in the case of prisoners, who have sufficient estate to 
 pay it, and of stubborn and rebellious children and ap- 
 prentices, who have parents or masters able to pay it, and 
 
 then it shall be paid by them. And the master of each Mast f r to . ac - 
 , J count semi-an- 
 
 work-house shall render an account to the overseers, once nua i]y. 
 
 in six months, at least, of the expense of the work-house, 
 and of the labor and earnings of the prisoners. 
 
 SECT. 6. If any persons are committed to the work- Prisoners una- 
 house, who are not able to Work, they shall be properly 
 taken care of; if possessed of estate, at their own expense; 
 if not, at the expense of the town where they belong. 
 Males and females shall be kept and confined separately ; 
 and no spiritous liquors shall be suffered to be sold to the 
 prisoners. If any one shall amend, behave welK and re- 
 
 57
 
 138 
 
 Title 111. Work-Houses. 
 
 \Vho may be 
 committed to 
 the "Work- 
 house. 
 
 Power and 
 duty of jus- 
 tices to issue 
 warrants, con- 
 vict and com- 
 mit offenders. 
 
 Second con- 
 viction. 
 
 Two or more 
 towns may 
 join. 
 
 form, on certificate of the keeper and overseers of thr 
 work-house, he may be released, by the authority com- 
 mitting him, before the expiration of the time for which 
 he was committed. 
 
 SECT. 7. All idle persons, who have nothing wherewith 
 to support themselves, and no visible means of livelihood; 
 all sturdy beggars, who go from door to door, or place 
 themselves in streets or highways to beg, in towns where 
 they belong ; all who wander abroad from place to place, 
 and beg ; all vagabonds and vagrants, who roam about 
 from place to place, without any lawful business ; all 
 night-walkers, wandering from place to place, in the 
 night season, without any lawful occasion, and sleeping 
 in out-houses, barns, or in the open air. who can give no 
 good account of themselves ; all jugglers, brawlers, and 
 fortune tellers ; all persons, who run away, and leave 
 their wives and children, to be supported by the town ; 
 all persons, who mispend what the} earn, and do not pro- 
 vide for the support of themselves and families ; ail lewd 
 and dissolute persons, who frequent houses of bad fame ; 
 and all common prostitutes, and common drunkards, may 
 be committed to the house of correction, and sentenced 
 to hard labor, for such time as the court before whom 
 they are convicted shall think proper, not exceeding for- 
 ty days. 
 
 SECT. 8. And it shall be the duty of justices of the 
 peace in each town, on their own knowledge, or on a ver- 
 bal or written complaint, from any of the grand-jurors, 
 constables, or select-men, or any substantial house-hold- 
 er of the town, to issue his warrant to apprehend such 
 persons, and on due conviction, to send .them to the work- 
 house as aforesaid : and on a second conviction tor the 
 same offence, any offender may be sentenced to the work- 
 house, such additional time as the court shall judge pro- 
 per, not exceeding forty days. 
 
 SECT. 9. Two or more towns may join in building, oc- 
 cupying or maintaining a work-house, in such manner, 
 and on such terms, as they shall all agree. (1) 
 
 (I) In Ihe revision of 1702, there is a 
 statute constituting the gaols, in the sev- 
 eral counties, houses of correction ; and 
 in the revision of 1750, there is a statute 
 directirg each county to erect houses of 
 correction, and containing regulations for 
 the government of them. ISo houses of 
 correction have been erected, 1-y uny 
 county. The legislature has, from time 
 to time, authorized particular tow us to 
 erect workhouses ; and in 1813, gave the 
 
 same power to every town. Where they 
 have been erected, they have beer found 
 to answer an important purpose. Should 
 the regulations of this statute be carried 
 into effect, in the several HVMIS, there can 
 be no question but that the discij In e of 
 the work-bouses would be more effectual 
 to rest IT : n the < i n.njissirn of crimes of 
 an it ferior dftnt. tLan any other pun- 
 ishment that can be devised.
 
 Titk 112. Wrecks. 439 
 
 .TITLE 112. Wrecks. 
 
 An Act concerning Wrecks. 
 
 , mi E it enacted by the Senate and House ofRep- 
 SEOT. I. - ~ - ^ 
 
 resenlatives, in General Assembly convened, 
 That if any ship, or other vessel, shall suffer shipwreck, Persons and 
 upon the coasts, or in the rivers, harbors, creeks or wa- ^^s'to^e 
 ters of this state, there shall be no violence, or injury, of- J^n safety. 
 fered to* the persons of the mariners, or passengers, or 
 to the goods belonging thereto ; but the persons of the 
 mariners and passengers, shall be relieved and harbored, 
 and their goods, and the goods of the vessel, preserved in 
 safety, till authority may be informed thereof, and shall 
 take further care, and give order relating thereto. 
 
 SECT. 2. Whenever any ship-wrecked property shall Wrecked pro- 
 be discovered on the sea-coast, or in the waters, riv- j?^' g^." 
 ers, harbors or creeks of this state, it shall be the pose d O f, 
 duty of the select-men of the nearest town thereto, 
 and it shall be lawful for any other person, to take 
 the most effectual measures for saving and securing the 
 same ; and if need be, such person shall apply to a justice 
 of the peace who is hereby authorized to grant a warrant, 
 directed to a proper officer, to impress, and call forth, re- 
 quisite assistance for that purpose ; and the person secur-^ 
 ing such property, shall immediately give notice thereof 
 to a judge of the county court, of the county where the 
 same shall be secured, who shall direct the sheriff of said 
 county, to seize the said property, and the same to keep 
 and hold, until it shall be released, or disposed of, by or- 
 der of said court ; and if any owner or claimant of such 
 property, being a person entitled by the laws of the land, Owner &c. ma> 
 or by the law of nations, to a restoration thereof, shall, ffi,"y*r 
 within a year and a day after such seizure, appear and an d day. 
 claim the same, it shall be restored to him, on his paying 
 such reasonable costs and salvage, for the persons to 
 whom the same may be due, as the said county court 
 shall allow and order ; and if no such owner or claimant If no owner 
 shall, within that time, appear and claim said property the f VdbJo2d 
 same shall be sold, by order of said court, and the avails O f. 
 thereof, (after deducting reasonable costs and salvage, for 
 the persons to whom due,) shall be lodged in the treasury 
 of the state. But if the property so seized, be of a perisha- JOJ/ggjfJ. 
 ble nature, the said court may. at their discretion, direct it h ', e natu p rej (0 
 to be sold within the time limited, as aforesaid, retaining be sold, fcc 
 the avails thereof, for the same purposes, as the said pro- 
 perty was holden. And in case no owners or claimant
 
 440 Title 1 1 3. Yale College. 
 
 Enough fo be shall appear, within one month, after such seizure, and 
 sold to i ay p a ^ or o ^ er to p av ga i va g e an d costs, the said court may, 
 at any time, afterwards, order so much of said property 
 to be sold, as shall be sufficient to pay the salvage and 
 costs. 
 
 TITLE 113. Yale College. 
 CHAP. I. 
 
 An Act concerning the Corporation of Yale- 
 College. 
 
 Preamble Whereas the corporation of Yale-College, in considera- 
 tion of a grant made to them, by the general assem- 
 bly, in the year 1792, agreed, that the governor, lieu- 
 tenant-governor, and six senior assistants, should be 
 trustees or fellows of said College ; and whereas by 
 the eighth article of the constitution of this state, 
 the charter, so modified, was confirmed, and the said 
 corporation have since agreed, consented and request- 
 ed, that the governor, lieutenant-governor, and six 
 senior senators, should be members of said corpora- 
 tion; 
 
 1 ID E it enacted by the Sena.te and House of Rep- 
 MJ resentatives, in General Assembly convened^ 
 
 Governor, That the governor, lieutenant-governor, and six senior 
 lieutenant-gov- senators, for the time being, shall ever hereafter, in vir- 
 ernor and six ^ ue o f their said offices, be trustees, or fellows of said col- 
 to be members' lege, and shall together with the president and fellows of 
 of the corpora- sa id college, and their successors, constitute one corpora- 
 tlon> tion, by the name and style mentioned in the charter of 
 
 said college ; and shall have and enjoy the same power, 
 privileges and authority, in as full and ample a manner, 
 Vacancies as th u gh. they had been expressly named and included in 
 how suppl'ied. said charter. And in case of vacancy, by the death or 
 resignation, or in any other way, of any of the other fel- 
 lows of said college, and their successors, such vacancy 
 shall forever hereafter, be supplied, by them and their 
 successors, by election, in the same manner as though 
 this act had not been passed. And the governor, lieuten- 
 ant-governor, and six senior senators, or any four of them 
 together with the other fellows of said college, or any six 
 of them, shall, at all future meetings of the corporation. 
 Quorum. constitute a quorum to transact business.
 
 Title 113. Yale College. Ill 
 
 SEC*. 2. And the president and fellows shall annually Annual ac- 
 render to the general assembly, an account of the re- ( 
 ceipts and expenditures of the monies belonging to said 
 College. 
 
 CHAP. II. 
 
 An Act concerning the Students at Yale Col- 
 lege. 
 
 "TIE it enacted by the senate and House of Rep- 
 JL9 resentatives in General Assembly convened, 
 That no person or persons shall give credit to any student Credit not to 
 of Yale College, being a. minor, without the consent, in stuHe^t", being 
 writing, of his parent or guardian, or of such officer or of- minors, with- 
 
 officers of the College as may be authorized by the gov- out cons entof 
 
 ~ * i j.fi parents, aic. 
 
 ernment thereof, to act in such cases, except lor wash- 
 
 ing or medical aid. 
 
 SECT. 2. Be it further enacted, That if any person or 
 persons shall give credit to any minor as aforesaid, con- p en alty, 
 trary to the provisions of this act, he or they shall forfeit 
 and pay to the treasurer of this State, a sum not less than 
 twenty, nor more than three hundred dollars, according 
 to the nature of the offence, and at the discretion of the 
 court, which may be recovered in any proper action, be- 
 fore any court having jurisdiction thereof. 
 
 SECT. 3. And be it further enacted, That it shall be Prosecution, 
 the duty of the attorney of the state, for the county of 
 New-Haven, on the complaint of any of the officers afore- 
 said, to prosecute for all violations of thisact.
 
 442 
 
 Revision of the Laws Confirmed. 
 
 Revised act 
 confirmed. 
 
 Other acts re- 
 pealed. 
 
 Saving of vest- 
 ed rights. 
 
 Unfinished bu- 
 siness may be- 
 prosecuted. 
 
 Laws not alter- 
 ed in substance, 
 to be consider- 
 ed in force from 
 their origin. 
 
 A printed copy 
 to be deposited 
 in secretary's 
 office ; 
 
 and being certi- 
 fied by him, 
 shall be deem- 
 ed an authentic 
 record. 
 
 When to take 
 effect. 
 
 An Act for confirming the Statute Laws of this 
 State, as revised by the General Assembly, at 
 their session in May, one thousand eight hun- 
 dred and twenty-one. 
 
 SECT. 1. 
 
 BE it enacted by the Senate and House of Rep- 
 resentatives in General Jlftsembly convened, 
 That all the acts revised and approved, or enacted, at the 
 present session, be, and they are hereby enacted and 
 confirmed as the laws of this state : and that all statute 
 laws of this state, other than the said acts revised and ap- 
 proved, or enacted, at the present session, be, and they 
 are hereby repealed. 
 
 Provided nevertheless, that all rights, privileges and 
 immunities, granted to and vested in any person or per- 
 sons, or body corporate, by virtue of any of the laws 
 hereby repealed, shall remain unimpaired, and unaffect- 
 ed, by such repeal ; and that all acts of a private nature, 
 omitted in this revision, shall continue in force as private 
 acts. 
 
 Provided also, that all matters commenced by virtue 
 of any of the laws hereby repealed, now depending 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. 
 
 Provided also, that such of the said revised laws as re- 
 main substantially the same as before the revision, shall 
 be considered as having continued in force from the 
 time that they were first enacted, any circumstantial 
 amendments, or variations in phraseology, arrangement 
 and connexion, notwithstanding. 
 
 SECT. 2. And be it further enacted, that when the said 
 revised laws shall have been printed and published, under 
 the superintendence of the persons appointed for that 
 purpose, one copy thereof shall be deposited, and forev 
 er kept, in the secretary's office, to which he shall annex 
 a certificate, under his hand, and the seal of the state, 
 that the acts and laws therein contained are the acts and 
 laws of this state ; and such copy, so certified, shall be 
 deemed and taken to-be an authentic record of such 
 acts and laws. 
 
 SECT. 3. Andbe it further enacted, That this act, and 
 the said revised laws herein mentioned, shall go into op-
 
 Revision of the Laws Confirmed. 443 
 
 eration and take effect, on the first day of January, one 
 thousand eight hundred and twenty-two, and not before. 
 
 * 
 
 May Session, 1821. 
 
 ELISHA PHELPS, Speaker of the 
 
 House of Representatives. 
 
 JONATHAN INGERSOLL, 
 
 President of the Senate. 
 
 Approved, June 5th, 1821. 
 
 OLIVER WO^COTT, 
 


 
 INDEX. 
 
 Abatement of writs, 41 
 
 appeal, on plea of, 41 
 
 of polls, 404 
 
 oftaxes, 409 
 
 Absconding debtors, remedy against, 186 
 
 Absence, ground of continuing action, 38,9 
 when cause of divorce, 124 
 
 Absent debtors, remedy against, 186 
 
 Abuse of female children, how pun- 
 ished, 96 
 
 Accessories, in crimes, how puuished, 114 
 
 ACCOUNT, action of, 
 auctioneer to render quarterly, 64 
 
 BOOK, action of, 70, 1 
 
 limitation of action of, 263 
 
 Accounts public, how to be kept, 417 
 how settled, 419 
 
 Accounts of turnpike companies, to be 
 
 stated and adjusted annually, 428 
 
 Accused, rights of, in criminal prose- 
 cutions, 21 
 
 Acknowledgment of deeds, how to be 
 
 made, 254 
 
 \CTIONS, CIVIL, regulated, 
 when to be remanded, 53 
 
 removal of, from justices of the 
 
 peace, 54 
 
 limitations of, 
 in replevin, 
 
 Acts public, when to take effect, 212 
 
 of other states, legal evidence here, 50 
 how published, fee. 212 
 
 Low distributed, 364 
 
 Adjourn, power of persons taking de- 
 positions to, 
 
 Adjournment of the legislature, 25 
 
 of the supreme court, 
 of superior court, 83 
 
 of the county courts, 84 
 
 Adjutant General, how appointed, 283. 
 
 (289 
 
 Administration, when to be granted, 147 
 limitation of granting, 156 
 
 Administrators may enter for plaintiff, 
 
 or be made defendants, 42 
 
 how appointed, 
 
 to give bonds, 147 
 
 form of bonds, 147 
 
 to eause inventory to be made, 148 
 penalty for neglect, 149 
 
 when new appointment to be 
 
 made, 149 
 
 to give notice to bring in claims, 150 
 to keep buildings in repair, 151 
 
 may release equity of re deraption, 151 
 
 Administrators, 
 
 may be called to account, 15i 
 
 when and how removable, 151 
 
 Admission of inhabitants in towns, 235 
 
 Adultery, how punished, , 107 
 
 Advancement to children, 154 
 
 Affidavit, to obtain special deputation, 35 
 
 to submission by rule of court, 62 
 
 AJfirmance of judgment on writs of 
 
 error, 56 
 
 where appellant does not enter his 
 
 appeal, S4 
 
 AJIrmution, when to be administered 
 
 to witnesses, 
 
 penalty for false, 321 
 
 form of, for witnesses, 321 
 
 Age, at which persons shall be free, 
 
 capable of contracting, &c. 216 
 
 to choose guardians, 
 to make a will, 145 
 
 Agents of absent and absconding 
 
 debtors, 186 
 
 of communities, 75 
 
 of proprietors of common fields, 165, 6 
 when service of writs may be 
 
 made on, 
 
 Agreements, when to be in writing, 200 
 respecting divisions of estates, 153 
 Ale measure, standard of, 
 Alienation of lands, how made, 253 
 
 to defraud creditors, void, 201 
 
 Aliens, how to gain settlement in 
 
 towns, 
 
 not to hold lands, 253 
 
 Alimony, when allowed in cases of 
 
 divorce, 
 
 Allowance to widows, of their hus- 
 bands' estates, 
 
 Jlteratitn of highways, how made, 224 
 Amentment of writs, 
 of declaration?, 
 of pleas, 
 
 of proceedings in equity, _ 144 
 
 Amendments of the constitution of the 
 
 United States, 
 how to be made, 
 of the constitution of this state, how 
 
 rnhde, 32 
 
 Annual meeting of electors, when to 
 
 be holden, 
 session of the general assembly, 
 
 when and where to be holden, 22 
 Appeals, not allowed from judgment f 
 
 on report of auditors, 
 from justices of the peace,
 
 146 
 
 INDEX. 
 
 Appeals, from county court?, 53 
 
 from justices of the peace in cer- 
 tain cases, 54 
 not valid where no duty is certified, 130 
 right of, from courts of probate, 155 
 from report of commissioners, 157 
 from prosecutions, for violating 
 
 regulations of ferries, 177 
 
 Appellants, when to enter appeals, 54 
 
 Apportionment, of school fui'd divi- 
 dends, 
 
 Appraisers of lands on execution, 59, :>19 
 oath of, 319 
 
 of estates of deceased persons, 319 
 
 Apprentices, how bound out, 270 
 
 when refractory, bow punished, 271 
 penalty for enticing them away, 273 
 remedy, \vhen abused by masters, 272 
 
 Appropriation of fund, to support 
 
 schools, 30 
 
 of two dollars on a thousand, to 
 
 support schools, 357 
 
 ARBITRATION, by rule of court, 62 
 
 judgment on award, 62 
 
 witnesses, how compelled to attend, 62 
 
 Arbitrators, how appointed on submis- 
 sion by rule of court, 62 
 award of, how enforced, 62 
 
 Arms, right of citizens to bear, 
 
 Arrest, security of citizens from, 21 
 
 electors exempted from, 29 
 
 senators exempted from, 24 
 
 members of congress exempted 
 
 from, 8 
 
 keeper and guards of newgate pris- 
 on, exempted from 312 
 
 Arson, how punished, 95. 99 
 
 ASSAULT, SFCRET, action for, 368 
 
 Assault, with intent to commit 
 
 a rape, 96 
 
 with intent to rob or kill, 96 
 
 Assembly, general, how constituted, 22 
 stated sessions of, 22 
 
 how to proceed in passing public 
 
 acts, 211, 12 
 
 on petitions of an adversary nature, 212 
 
 Assessment of damages, how to be 
 
 made, 51 
 
 of taxes, provisions for, 401 
 
 Assessors, how appointed, 401 
 
 oath of, * 318 
 
 duty of, 401 
 
 Assignees of debts, how to proceed in 
 
 foreign attachment, 188 
 
 Assumpsit, limitation of action of, 263 
 
 Attachment, when granted, 34 
 
 service of, on personal estate, 36 
 
 on writs of scire-facias, 87 
 
 foreign, how to proceed in, 186 
 
 on lands, 36 
 
 on the person, 36 
 
 on absent and absconding debtors, 186 
 on estates of non-residents, 37 
 
 property exempted from, 58 
 
 Attainder of treason or felony, 21 
 
 Attempt to commit a rape, how pun- 
 ished, 95 
 to rob or kill, how punished, 95 
 Attestation of wills, how made, 145 
 Altornies, when names of, to be en- 
 tered in civil actions, 40 
 prohibited to purchase debts, 265 
 fees of, in bills of cost, 349 
 of the state, how appointed, 85 
 to give bonds, 85 
 oath of, 86 
 may discharge prisoners, 206. 20J> 
 fees of, 351 
 to collect fines and forfeitures. 420 
 to render annually, accounts of 
 
 money received, 420 
 
 to forfeit his office, for neglect, 420 
 Attorney of absent and absconding 
 
 debtors, how to proceed against, 186 
 Attorney, power of, to execute deeds 
 
 of lands, 254 
 
 ACCTION, duty on sales at, 63 
 Auctioneer of foreign goods, to be 
 
 licensed, 63 
 bonds of, G4 
 to render account quarterly, 64 
 Auditors, when appointed, 33 
 in actions of book debt, 71 
 of state accounts, oath of, 320 
 in actions of book debt, oath of, 321 
 of treasurer's accounts, 419 
 Average among creditors, of insol- 
 vent estates, 15S 
 Avordupoise weight, standard of, 434 
 Award of arbitrators, how enforced, 62 
 BAIL, excessive, not to be required, 21 
 right of prisoners to, before con- 
 viction, 21 
 when to bo taken, in civil actions, 64 
 'may be given by defendant, when 
 
 committed, 65 
 
 when liable, 65 
 
 suit against, limitation of, 65 
 
 bonds to be assigned by officer, 65 
 
 remedy of, against principal, 66 
 
 in criminal causes, 115 
 Ballast, not to be thrown into any 
 
 river or harbor, 315 
 
 Ballot, what elections shall be by, 29 
 BASKS. INCORPORATED, may issue 
 
 post notes, 66 
 not to emit bills less than one dol- 
 lar, 66 
 penalty for emitting bills less than 
 
 one dollar, 67 
 shares in, to be considered person- 
 al estate, 6" 
 cashiers of, their duty relative to 
 
 taxes, 403 
 Bank Shafes, to be considered person- 
 al estate, 67 
 how attached, 36 
 how sold on execution, 60 
 Bank Slock, statement of, amount to 
 be lodged with the comptroller, 6~
 
 INDEX. 
 
 417 
 
 BARBERRY BUSHES may be destroyed, 68 
 Barratry, how punished, 105 
 
 Barrels, bow to be made, 243, 4 
 
 BASTARD CHILDREN, maintenance of, 68 
 fathers of, how to be proceeded 
 
 against, 68 
 
 order for maintenance of, 69 
 
 when towns may prosecute for 
 
 maintenance of, 69 
 
 limitation of prosecution for main- 
 tenance of, 70 
 concealing pregnancy of, 96 
 delivery of, in secret, 96 
 concealing death of, 97 
 Battery, how punished, 106, 7 
 Say-berries, trespass relating to, how 
 
 punished, 423 
 
 Beef, inspection of, 241 
 
 Beer measure, standard, 434 
 
 Beggars, sturdy, liable to be sent to 
 
 work-house, 438 
 
 Bestiality, how punished, 107 
 
 Bigamy, how punished, 108 
 
 Billiards, playing at, prohibited, 112 
 
 Bills of credit, not to be emitted by- 
 states, 11 
 private, not to be issued, 109, 10 
 Bills for public acts, how to be proceed- 
 ed with, 26.211,212 
 Binding over for trial, 78. 107. 116. 136. 
 ^272. 279. 363 
 
 t<5 good behaviour, 91. 203 
 
 Birtli of child, revocation of will, 146 
 Births to be recorded, 416 
 
 Blasphemy, how punished, 109 
 
 Bill's of Exchange, damages on, 
 rates of, 
 
 when in lieu of interest, 
 Board of relief, how constituted, 
 Soard of health, how constituted, 376 
 may establish quarantine regula- 
 tions, 
 
 may appoint health officers, 376. 
 
 Body, dead, proceedings in relation 
 
 to, when found, 
 digging up, punished, 
 Bond, for prosecution, when required, 34 
 on taking out execution, 
 new, for prosecution, when to be 
 
 given, 
 
 40 
 
 in actions on, how defendant may 
 
 plead in certain cases, 
 penal, damages on, 62 
 
 judgment upon, the breach of which 
 
 may happen' at different times, 52 
 on appeal from county court, 53 
 
 for prosecution on writs of error, 57 
 by auctioneers, 64 
 
 condition of, by auctioneer, 64 
 
 bail, officer to assign, 65 
 
 for prosecution, liability of surety on, 66 
 form of, by administrator, 147 
 
 conservators shall give, 229 
 
 by overseers of Indians, 233 
 
 BOOK DEBT, actions of, 70 
 
 BOOK DEBT. 
 
 testimony of parties admissible in, 70 
 over of defendant's book, when to 
 
 be given, 70 
 
 auditors, when appointed, 71 
 
 removal of action irom justices of 
 
 the peace, 
 
 when no costs shall be allowed, 71 
 limitation of action of, 
 Books, obscene, prohibited, 109 
 
 BOUNDS OF TOWNS, to be perambula- 
 ted, 95 
 Brau-ltrs, liable to be committed to 
 
 work-house, 438 
 
 Breach of the peace, how punished, 107 
 how restrained, 
 
 of pounds, how punished, 335 
 
 Breaking of duelling-houses in the 
 
 day time, 99 
 
 Bribery, how punished, 
 
 in elections, 135 
 
 Bridges, to be maintained by towns, 220 
 how built by adjoining towns, 220 
 
 towns liable for deficiency of, 220 
 
 wilful trespass upon, treble dama- 
 
 gcs, 424 
 
 what to be built by turnpike com- 
 panies, 430 
 BRIEFS, when to be granted, 
 Brockway's Ferry, fare of, 171 
 Burglary, 
 
 where there is personal abuse, 68 
 
 .CreaKng a store, fcc. with intent to 
 
 steal, 
 
 dwelling-house, in day time, 
 and stealing from building in day- 
 time, 102 
 Burning houses, vessels, fa*, with in- 
 tent to defraud insurers, 
 Blowing-ground*, regulations concern- 
 ing, 360, 1 
 Butler, inspection of, 247 
 CANADA THISTLE, provisions to pre- 
 vent the spreading of, 73 
 Canvass of votes for public officers, by 
 
 whom to bo made, 23. 25. 27. 132. 138 
 Captain General of the militia, who 
 
 ' shall be, 25. 288 
 
 Cards, playing at. prohibited, 
 
 selling of, prohibited, 
 Carriages, drivers of, regulated, 394 
 
 drivers and owners of, liable for 
 
 damages, 395 
 
 Caihiers of banks may seize counter- 
 feit bills and coin, 
 
 Casks, how to be made, 243, 244, 245 
 Casting vote, who shall have, 
 Cattle, when to be impounded, 
 
 how to be replevied, 334, 7 
 
 how to be restrained from going at 
 
 large, 41 & 
 
 Caution, how to be entered, respect- 
 ing deeds, 
 
 CATSF.S, CIVIL, regulated, 
 Certificates, forms of, for voters,
 
 INDEX 1 . 
 
 Certificates, 
 
 for school money, 358, 9 
 
 Chain-men, to be sworn, 398 
 
 form of oath, 320 
 
 Challenge of jurors in capital causes, 118 
 to a duel, how punished, 105 
 
 delivering a, 105 
 
 Chancery, power of courts of, 142 
 
 Chapman's ferry, face of, regulated, 171 
 Charcoal, standard measure for, 436 
 
 Children, how to be instructed, 71 
 
 if neglected, to be bound out by se- 
 lect-men, 71 
 stubborn, how corrected, 71 
 when liable to maintain parents, 324 
 how to be instructed in factories, 272 
 Christians, to enjoy equal powers, 
 
 rights and privileges, 29, 30 
 
 not belonging to any society, may 
 
 form themselves into a society, 392 
 Christian sects, equality of, by law, 20. 30 
 CIVIL ACTIONS regulated, 34 to 61 
 
 Civil process, not to be served on 
 
 Lord's days, 341 
 
 Claims against estates of deceased 
 
 persons, when barred, 150 
 
 against insolvent estates, when bar- 
 red, 159 
 Clams, fishery of, regulated, 174 
 CYerA:,feesoM granting license (o auc- 
 tioneers, 64 
 to pay over duties on sales at auc- 
 tion to the state treasurer, 64 
 of the supreme court of errors, who 
 
 shall be, 80 
 
 of the superior court, how appointed, 83 
 to furnish account of fines, &,c. to 
 
 comptroller, 130 
 
 to account for court fees to comp- 
 troller, 130 
 of treasurer and comptroller, 343 
 compensation of, 343 
 to receive and pay over bills of 
 
 costs in criminal cases, 420 
 
 of county court, how appointed, 84 
 
 to furnish account of fines to county 
 
 treasurer, 419 
 
 to pay court fees to county treasur- 
 er, 422 
 fees of, 344 
 of superior and county courts, fees 
 
 of, in criminal cases, 360 
 
 of superior and county courts, when 
 to furnish comptroller with ab- 
 stract of fines and forfeitures, 419 
 of town, how appointed, 414 
 
 duty and power of, 416 
 
 fees of, 349 
 
 of religious societies, how appointed, 390 
 power and duty of, 390 
 
 of school societies, how appointed, 352 
 power and duty of, 352 
 
 of school districts, how appointed, 354 
 power and duty of, 354 
 
 of the house of representatives, 23 
 
 Clerks, 
 of the commissioner of the schooi 
 
 fund, 3i>; 
 
 of turnpike companies, 430- 
 
 Coaches, drivers of, regulated, 394 
 
 bow to be taxed, 402 
 
 Codicil, containing devise of land, 
 
 how witnessed, 145 
 
 Coins, gold and silver only, a tender, 11 
 counterfeiting, how punished, 100 
 
 passing counterfeit, how punished, 100 
 possessing counterfeit, with intent 
 
 to pass, 100 
 
 passing counterfeit, how restrained, 79 
 
 Collector of school district taxes, how 
 
 appointed, 355 
 
 power and duty of, 355 
 
 of religious society taxes, how ap- 
 pointed, 390 
 power and duty of, 390 
 of state taxes, how appointed, 407 
 power and duty of, 407 
 may be sued for negligence, 408 
 when execution may issue for nog- 
 led,' 410 
 of I own taxis, how appointed, 410 
 power and duty of, 411 
 fees of, 412 
 
 COLLEGE, YALE, corporation of, 440 
 students of, 441 
 
 Commissary General, how appointed, 290 
 duty of, 290 
 
 Commission to take testimony, how 
 
 granted, 49 
 
 to take answer of garnishee, 190 
 
 Commissions, how to be made out, 26 
 
 Commissioner of school fund, duty and 
 
 power of, 361 
 
 to exhibit annually an abstract of 
 
 state of funds, 362 
 
 may appoint a clerk, 363 
 
 vacancy of, how filled, 363 
 
 Commissioners on insolvent estates, 157 
 appeal from their report, 157 
 
 on ferries, 168 
 
 their powers and duties, 168. 171 
 
 compensation of, 171 
 
 in cases of insolvency, 238 
 
 of sewers and scavengers, 365 
 
 power and duties, 366 
 
 of turnpike roads, 427 
 
 power. and duty of, 427, 8 
 
 to inspect the account, of turnpike 
 companies, and report, 428 
 
 Commitment of defendants, for want 
 
 of bail, 65 
 
 of principal, on application of bail, 66 
 of delinquents, by justices of the 
 peace, 116 
 
 Committee, engrossing, appointment 
 of, 212 
 
 Committees of religious societies, 390, 1 
 to lay out highways, 319 
 
 oath of, 319 
 
 af school districts,, how appointed, 354
 
 INDEX. 
 
 449 
 
 Committees. 
 
 of courts of equity, 82 
 
 health, 376.377 
 
 Common barralor, who may be pro- 
 ceeded against, as such, 434 
 Common fields, how regulated, 162 
 adjoining towns may join, in, 163 
 Common lands, proprietors of, how to 
 
 proceed, 162 
 
 may be altered by county court, 163 
 committee may set to each propri- 
 etor his proportion of fence, 163 
 for trespass on, how to sue, 423 
 
 Common Nuisances, how punished 
 
 and abated, 314. 316 
 
 Communities, how to sue and be sued, 76 
 may appoint agents or attornies to 
 
 prosecute or defend, 75 
 
 Companies, incorporated, shares in, 
 
 how attached, 36 
 
 for manufacturing, liability of mem- 
 bers, 268 
 executions, how levied on stock of, 60 
 shares to be sold at auction, 61 
 officer to transfer shares, 61 
 attachment of, &c. when there is 
 
 no cashier, 61 
 
 Compensation lo witnesses in crimin- 
 al causes from without the state, 1 18 
 for making discovery and giving in- 
 formation against capital offend- 
 ers, 121 
 
 for forgery and horse stealing, 
 to fence viewers, 162 
 
 to commissioners of ferries, 
 to judge, on trial ot habeas corpus, 219 
 to judges, on appeals from commis- 
 sioners, 157 
 to clerk of proprietors of common 
 
 fields, 162 
 
 to judge advocate, 306 
 
 to members of courts martial, 
 to pay-master general, 
 to governor, 
 to lieutenant governor, 
 to senate, and clerk, 342 
 
 to representatives, speaker and 
 
 clerks, 
 
 judges of supreme court of errors, 343 
 of treasurer, 343 
 
 of comptroller, secretary, secretary 
 
 of governor and reporter, 243 
 
 commissioner of school fund and 
 
 clerk, 
 
 clerks of treasurer and comptroller, 343 
 of superior court and clerks, 
 of county court, 
 of clerks of county court, 
 of jurors of superior and county 
 
 courts, 
 
 of courts of probate, 344. 346 
 
 of justices of the peace, 346 
 
 of secretary of state, 346 
 
 of sheriffs and constables, 346.348 
 of town clerks, 349 
 
 Compensation. 
 
 of attorneys. 349 
 
 of gaolers, 349 
 
 of grand-jurors, 350 
 
 of witnesses in criminal causes, 350- 
 of sheriffs and other officers in do. 350 
 of clerks of superior and county 
 
 courts in criminal causes, 350 
 
 of justices of the peace in do. 350 
 
 of states' attornies, 351 
 
 of notaries public, 351 
 
 of commissioners on turnpike 
 
 roads, 429 
 
 to clerks of superior and county 
 courts for receiving and paying 
 over costs, 
 
 to collectors of state taxes, 
 taking up and securing drifts, 426 
 
 lo health officers, 
 
 to militia when called oqt by sheriff, 372 
 to printers of public acts, 364 
 
 to survevor general and his depu- 
 ties, ' 398 
 See fees and salaries, 
 Complaint for secret assult, how to 
 
 be made, 363 
 
 for offences punishable by commit- 
 ment to the work-house, 438 
 Comptroller, how appointed, 27 
 oath of, 317 
 salary of, 
 
 power and duty of, 27. 417 
 
 to be furnished with abstract of 
 
 fines and forfeitures, 420 
 
 statement of amount of bank stock 
 
 to be lodged with, 
 
 to draw orders for school money, 359 
 to settle accounts of commission- 
 er of the school-fund, 363 
 to settle accounts of state's attor- 
 nies, 420 
 to furnish town-clerks with blank 
 
 forms for return of lists, 402 
 
 to prepare annually an abstract of 
 
 receipts and expenditures, 
 racancy of, how filled, 
 authorized to contract for the sup- 
 port of state paupers, 
 Concealment of pregnancy and secret 
 
 delivery of bastard child, 
 of the death of bastard child, 
 of estate of deceased persons, 
 Confinement of lunatic and distracted 
 
 persons, 
 
 of persons tried for murder, 230 
 
 Congress, members of may not be 
 
 members of assembly, 
 members of, how chosen, 
 canvass of, votes for, 
 Connecticut River, fishing in, regu- 
 lated, . 176 
 what obstruction* in shall consti 
 
 tute a nuisance, 
 rewards for securing drifts,
 
 450 
 
 LNDEX. 
 
 Connecticut River, 
 logs taken up in, how secured and 
 
 disposed of, 425 
 
 forfeiture for taking them away, 425 
 Constrvators of lunatics and idiots, 
 
 hm- appointed, 228 
 
 shall give bonds, 229 
 
 p( er and duty of, 229 
 
 Constables, to be appointed annually 
 
 by each town, 75 
 
 power and duty of, 76 
 
 prohibited to purchase debts, 265 
 
 how appointed, 414 
 
 oath of, 76 
 
 fees of, 347 
 
 authorised to commaud assistance, 76 
 penalty for neglect of duty in pro- 
 secuting hue-and-cries, 76 
 to summon jurors, 46 
 to remove paupers from one town 
 
 to another by warrant, 236 
 
 to remove inhabitants of other 
 
 states by warrant, 236 
 
 to sell creaturej impounded, 333 
 
 to make presentment of breaches of 
 the laws relating to the sabbath 
 and to taverns, 341.400,1 
 
 Constitution of the United States, 5 
 
 of this si ate, 20- 
 
 Contagious diseases, how prevented, 376 
 Contempt of court, how punished, 118 
 for not obeying writ of habeas cor- 
 pus, 220 
 Continuance of actions when necessa- 
 ry, 38 39. 40. 186 
 Contracts, when to be in writing, 200 
 gaming, void, 201 
 of persons under overseers, void, 231 
 by Indians, when void, 234 
 usurious, void, 432 
 Conveyance of lands, by deed, how to 
 
 be made, > 254 
 
 fraudulent, void, 201 
 
 Convicts, importation of, prohibited, 77 
 Co-parceners, action of account be- 
 tween, 34 
 Corn-measures, standard of, 434 
 Corn Meal, inspection of, 246 
 Corporations, private rights in, how 
 
 attached, 36 
 
 shares in, how sold on execution, 61 
 how to declare and plead, 60 
 
 how to sue and be sued, 75 
 
 Correction, houses of, provisions con- 
 cerning, 436, 7, 8 
 Costs, in civil actions, how to be al- 
 lowed, l+* . 55 
 where none shall be allowed, Go 
 where none is allowed in action of 
 
 book debt, 71 
 
 in criminal cases, 119 
 
 on unsuccessful pursuit, 120 
 
 in cases of scire facias, on foreign 
 
 attachment, 189 
 
 Cottt, 
 
 where the gartiUhee reiuses to dis- 
 close, )'. 
 in criminal prosecutions, 
 to be paid by the treasurer, 420 
 recovered against the treasurer, 
 
 how paid, 419 
 
 Costs, double, when to be paid, 71.315. 
 
 (423. 429. 430. 
 
 Counterfeited bills and coins, treasur- 
 er, and cashiers of banks may 
 seize and retain, 77 
 
 justices of the peace authorized to 
 
 seize and deface, 78 
 
 persons possessing, to deliver to 
 
 justices of the peace, 7& 
 
 power of justices to examine, bind 
 over or commit persons possess- 
 ing, 76 
 power of treasurer and cashiers to 
 seize and deliver to justices of 
 the peace, 79 
 Counterfeiting bills and coins, how 
 
 punished, 100 
 
 possessing, with intent to pass, 100 
 selling counterleit bills, 100 
 
 making plates, Sic. 101 
 
 possessing, with intent to pass, coun- 
 terfeit bills, 101 
 possessing bank bills, with intent 
 
 to fill up, 101 
 
 possessing plates for forging bank- 
 
 O'lls, 101 
 
 public seals, how punished, 104 
 
 Counties, stated and named, 79,80 
 
 County courts, when may direct exe- 
 cution to different persons, 6& 
 how constituted, 83 
 jurisdiction of, 83 
 in the absence of judges, how to 
 
 proceed, 83,4 
 
 how formed, when all the judges 
 
 are disqualified, 
 
 special, how called, 84 
 
 may appoint their clerks, 84 
 
 presiding judge, has casting vote, 84 
 alter, and establish rules of practice, 84 
 admit attornies, 84 
 
 appoint attorney to the state, 85 
 
 to take care of county property, So 
 may license the keeper of the gaol, 
 
 as a taverner, 85 
 
 sessions of, 39 
 
 to have a seal, 90 
 
 when all the judges are disquali- 
 fied, how to proceed, 93 
 >~ may make orders relative to notice 
 
 on petitions, 93 
 
 to appoint conservators, 228 
 
 fees of 
 
 expenses and avails of, 421 
 
 clerks of, to make out a list of fines, 
 
 and pay over fees, 422 
 
 County surveyora, how appointed, 397 
 
 oath of. 320
 
 INDEX. 
 
 45J 
 
 'Count;/ taxes, how laid and collected, 204 
 County treasurer, duty of, 421. 434 
 
 Court houses, may be built by coun- 
 ties, 205 
 Courts, direction of, to jury, 50 
 may send jury to a further examin- 
 ation, 51 
 parties may agree to try issues in 
 
 fact, by 52 
 
 to decide issues in law, 52 
 
 Cnal jurisdiction of county, in cer- 
 tain cases, 53 
 appeals, from county, 53 
 reference of actions, pending in, 62 
 order of county, for maintenance of 
 
 bastard children. 69 
 
 may discontinue allowance to moth- 
 ers for support of bastards, 69 
 how constituted, 80 
 supreme court of errors, 80 
 who to be clerks of, 80 
 jurisdiction of, 81 
 to institute rules of practice, 81 
 to appoint a reporter, 81 
 superior court, how constituted, 82 
 powers of, 82, 3 
 county court, bow constituted, 83 
 power and duties of, 83 to 87 
 of probate, how constituted, 87 
 when disqualified, 89 
 may have seals, 90 
 contempt of, 118 
 direction of, in criminal cases, 119 
 of equity, how to proceed, 142 
 martial, how constituted, 301 
 Crimes, enumeration and punishment 
 
 of, 95 to 121 
 
 Criminals, where to be tried, 115 
 
 when entitled to bail, 115 
 
 what courts have jurisdiction of, 116 
 
 -when bound over by justices of the 
 
 peace, 116 
 
 how their recognizance is to be ta- 
 ken, 116 
 right of appeal, 116 
 Damages, assessment of, how to be 
 . made, 61 
 on penal bonds, 52 
 * on writs of error, 56 
 on bills of exchange, 313 
 to persons injured by defective 
 
 road or bridge, 220 
 
 for not erecting railings on roads 
 
 and bridges, 221 
 
 for lands, taken for highways, 222.224 
 
 (225, 226, 227 
 
 double damages, when allowed, 315. 423 
 
 treble, when allowed, 55.185. 207. 395. 
 
 (423, 424. 434 
 
 Dams across rivers, how prevented, 318 
 Death of parties, when not to abate 
 
 writ, 42 
 
 Deaths, untimely, how to proceed in 
 
 cases of, 122 
 
 Debate, freedom of, 24 
 
 Debates of each bouse of assembly, 
 
 when to be public, 24 
 
 Debtors, when execution may be levi- 
 ed on body, go 
 imprisoned, how to be supported, 206 
 not to be lodged with criminals, 206 
 poor debtor's oath, 207 
 when to take oath, 207 
 to be supported until they take poor 
 
 debtor's oath, 208 
 
 absent and absconding, how to pro- 
 ceed against, jge 
 Dtbts, mutual, when to be set off, 44 
 priority of, against insolvent es- 
 tates, 159 
 against insolvent debtor?, 159 
 Decree of court of equity, how to be 
 
 made, 142 
 
 DECLARATION OF INDEPENDENCE, 1 
 
 Declaration of rights, 20 
 
 Declaration in suits, what to contain, 
 
 and by whom signed, 34 
 
 condifion of bonds not set out in, 
 
 how defendant may plead, 46 
 
 Deeds of lands, how to be executed, 254 
 how to be recorded, 255 
 
 01 married women, how to be ex- 
 ecuted, 256 
 without seal, made valid, 256 
 when grantor is ousted of posses- 
 sion, to be void, 253 
 Default, judgment by, 35 
 Defendant, appearance of, on process 
 
 duly served, 37 
 
 continuance, when out of the stale, 38 
 plea of, not to avail him in certain 
 
 cases, 43 
 
 when bailed, may not plead with- 
 out special bail, 65 
 oyer of book account, 70 
 may plead that plaintiff owes him 
 
 in action of book debt, 71 
 
 Degrees of kindred within which 
 
 marriage is unlawful, 108 
 
 Delinquent, how punished, 114 
 
 for second and third conviction, 115 
 female, how punished, 115 
 
 when justices may send to the work- 
 house, 115 
 where tried, 115 
 when bound over, 116 
 if committed, bow bailed, 116 
 when to be indicted by grand-jury, 117 
 when entiiled to'peremptory chal- 
 lenge of jurors, 118 
 evidence in capital cases, 118 
 evidence in cases of forgery, 118 
 direction of court to the jury, in 
 
 trials of, 119 
 
 entitled to writ of error, 119 
 
 costs of prosecution, bow to be paid, 119 
 reward for discovery, and giving 
 
 information, 120 
 
 to be offered by governor, 121
 
 452 
 
 INDEX. 
 
 Demand on execution, how to be 
 
 made, 58 
 
 on foreign attachment 1W 
 
 Demands against estate of deceased 
 
 persons, how barred, 150 
 
 against insolvent estates, 159 
 
 mutual, \vht-n to be set off, 44 
 
 Demurrer, to be decided by the court, 52 
 Deposition, when and how to be taken, 47 
 not to be written by any person in- 
 terested, 48 
 how witnesses compelled to give, 48 
 when and how to be opened, 48 
 order for taking, 49 
 commissions to take, 49 
 copies of, available, 49 
 to perpetuate testimony, how to be 
 
 taken, 48, 49. 143 
 
 Deputation to serve writs, by justices, 35 
 special, by sheriffs, 36 
 
 Deputy sheriff's, how appointed and 
 
 approved, 373 
 
 to continue ia office, after death 
 
 of sheriff, 
 
 perquisites required of, 
 not to fill up writs, 374 
 
 to indorse items of fees, 374, 5 
 
 forfeiture for taking unlawful fees, 375 
 Dtputy surveyors, how appointed, 397 
 Derby ferry, fare of, 172 
 
 narrows, 174 
 
 Devise of lands, how to be witnessed, 145 
 Devisets, when wituessesto wills, de- 
 vise to be void, 145 
 DETAINER, FORCIBLE, mode of pro- 
 ceeding in, 184 
 Directors of turnpike companies, 429 
 Discharge, must be pleaded, 44 
 ef military officers, how made, 308 
 Disclosure by garnishee, 187 
 by defendant in equity, not con- 
 clusive, 144 
 on foreign attachment, 189 
 by persons suspected to be infect- 
 ed with small pox, 381 
 Discontinuance of highways ordered, 227 
 Disintermenl of dead bodies, 122 
 prevention thereof, 123 
 Distribution of the powers of govern- 
 ment, 22 
 of intestate estates, how made, 153, 4 
 of laws, how made, 364 
 of school money, 359 
 Distributer* of intestate estates, 153 
 District schools established, 353 
 power and duty of, 354 
 Disturbance of public worship, 341 
 of town- meetings, 278 
 of meetings in the fields, 2SO 
 Division of intestate estates, 153 
 Divorces, in what cases to be granted, 124 
 mode of proceeding, and giving no- 
 tice, 124 
 alimony, to be allowed. 124 
 
 Dogs, how restrained, l'2o 
 
 what may be killed, 12T> 
 
 to wear collars, 12(3 
 
 owners to pay damages done by, 12<5 
 
 Double costs, when to be paid, 71. 315. 
 (424. 429, 430 
 
 Double damages, when allowed, 315. 424 
 
 Double loll, when paid, 429 
 
 DOWER, who shall be entitled to, 126 
 how to be set out, 127 
 
 tenant in, to keep estate in repair, 127 
 when, shall be distributed, 155 
 
 Drains and water courses, in turnpike 
 
 roads, 429 
 
 Drivers of carriages, how regulated, 394 
 
 Drunkards, common, liable to be com- 
 mitted to work-bouse, 438 
 
 Duel, challenge to, 105 
 
 delivering challenge, 105 
 
 Duties, on sales at auction, 63 
 
 clerk to pay over to state treasurer, G4 
 on writs, 128 
 
 on appeals, 
 
 on licenses, 128 
 
 on sales at auction, 129 
 
 receivers of, to account with the 
 
 treasurer, 129 
 
 commission on, 
 
 return of, 129 
 
 receivers of, not accounting, dis- 
 qualified for holding their office, 130 
 not to be refunded, 131 
 
 appropriation of, 131 
 
 ELECTION, time and place of holding 
 
 electors' meetings, 131 
 
 how warned, 134 
 
 presiding officer, how designated, 132 
 return of votes, how made, 132 
 
 list of votes to be laid before the 
 
 assembly, 
 
 votes, when to be counted, 13S 
 
 majority to constitute a choice, 133 
 presiding officer to make certificate 
 
 of votes, 133 
 
 form of certificate, 133, 4 
 
 penalty for unduly voting, 135 
 
 undue influence prohibited, 135 
 
 bribery, how punished, 135 
 
 illegally obtained, void, 135 
 
 Electors' meeting, penalty for disturbing,136 
 mode of voting in, 136 
 
 civil authority to assist presiding of- 
 ficer, 136 
 
 Electors, qualifications of, 28, 9 
 
 examination of, 140 
 
 list of, to be lodged with town 
 
 clerk, 
 
 names to bo enrolled, 
 oath of, 141 
 
 admitted in other towns, to pro- 
 duce certificates, 141 
 must have resided four months in 
 
 the town where they vote, 141 
 
 oath of, 316 
 
 Ely's ferry, fare of, regulated.
 
 JNDKX. 
 
 45S 
 
 Embezzlement of property of deceased 
 
 persons, 149 
 
 Encroachments on highways, how re- 
 moved, 31~f 
 on turnpike roads, how removed, 431. - 
 Knfield ferry, fare of, I ''' 
 Engine companies, age of members, 174 
 Equity, jurisdiction of superior courts, 82 
 courts of, how to proceed, 142 
 no appeal from their decrees, 142 
 may order notice, 142 
 must find the facts, 142 
 have power to pass title to land, 142 
 disclosure in, not conclusive, 144 
 *2rro/ - , writs of, at law, when they can 
 
 be brought, 56 
 
 proceedings on reversal, 5(3 
 
 interest on judgments not reversed, 5(5 
 signing of, 5(> 
 
 bonds for prosecution, 57 
 
 service of, 57 
 
 how served on petitioners for high- 
 ways, 57 
 parly entitled to, may file motion 
 for removal of records to su- 
 preme court, 57 
 'Escape, of prisoners from newgate, 
 
 effecting, 104 
 
 from pounds, 335 
 
 ESCHEATS, concerning, 144 
 
 treasurer to take care of, 146 
 
 to render his account, 145 
 
 Estate, how long to be Lolden by at- 
 tachment, 37 
 ESTATES, in what district administra- 
 tor shall be appointed, 
 form of bond, of administration, 147 
 administrator to cause an invento- 
 ry to be made, 148 
 new appraisement, when to lie 
 
 made, 149 
 
 penalty for not making inventory, 149 
 persons embezzling the estate, lia- 
 ble as executors in their own 
 wrong, 149 
 
 "how to proceed against those who 
 
 conceal, 149 
 
 iiotice to bring in claims, 150 
 
 when suit must be brought, in cer- 
 tain cases, 150 
 extension of time on decease of 
 
 creditors, 151 
 
 executor may release equity of re- 
 demption, 151 
 real, when they may be sold in 
 
 preference to personal, 153 
 
 distribution of intestate, how made, 153 
 when estate of devisee or legatee 
 is taken to pay debts, others 
 shall contribute, 153 
 
 insolvent, how to be settled, 156 
 
 appointment of commissioners, 157 
 time within which claims are to be 
 
 exhibited against, 157 
 
 suits not to be brought pending the 
 settlement of. 158 
 
 ESTATES, 
 
 necessaries to be allowed to 
 
 widow, 153 
 judge to order sale of personal and 
 
 ro.i I property, 158 
 when deficient, average to be 
 
 made among the creditors, 158 
 creditors to be barred in certain ca- 
 ses, 157 
 provision for creditors to bring in 
 
 their claims, 159 
 a debt due the state to be paid in 
 
 full, 159 
 Evidence, in capital cases, 118 
 in prosecutions for forging or put- 
 ting off forged bank bills, 118 
 witnesses, how compelled to ap- 
 pear, 118 
 compensation of, when out of state, 118 
 testimony of, how perpetuated, 143 
 by depositions, how taken, 47 
 records of, how made, 49 
 public writings, how made out, 50 
 in trials of treason, 31 
 of importing convicts, 77 
 of secret assault, 364 
 of certain trespasses, 423 
 of damage done in the night season, 424 
 Eximiners of electors, who shall be, 140 
 when and where to meet, 140 
 mode of proceeding, 140 
 to be sworn, 141 
 oath of, 141 
 Excessive bail and fines, not to be re- 
 quired or imposed, 21 
 Executions, how directed and return- 
 ed, . 57, 8 
 property exempt from, 58 
 when to be levied on the body, 59 
 copy of, to be left with gaoler, 59 
 when and how to be levied on land, 59 
 levy of, to be recorded and returned, 60 
 fees for returning, 60 
 when county court may direct to 
 
 indifferent persons, 60 
 when, must be levied on body of 
 debtor committed on mesne process, 60 
 levy of, on stock of incorporated 
 
 companies, how made, 60 
 copy of, to be left with officers of 
 
 incorporated companies, 61 
 officer to transfer shares and leave 
 
 copy of, with cashier, &c. 61 
 levy of, where there is no cash- 
 ier, &c. 61 
 form of, 197 
 Executive of the United States, 
 of this state, 
 
 officers, oath of, 31 
 Executors, when account will lie 
 
 against, 34 
 may enter for plaintiff, or be made 
 
 defendants, 42 
 must prove the will, or refuse the 
 
 trust, 146 
 
 penalty for neglect, 146 
 
 59
 
 464 
 
 INDEX- 
 
 'Executors, 
 
 administrator to be appointed, if 
 
 they refuse, 146 
 
 . 'his duly to prove the will, 146 
 
 penalty for neglect, 147 
 
 to give notice to bring in claims, 150 
 
 may release mortgage of minor 
 
 heirs, 151 
 
 must keep biuMings in repair, 151 
 
 notice to be given of exhibition of 
 
 his account, 151 
 
 when maybe removed, 151 
 
 new, to be appointed, 162 
 
 how to proceed, 152 
 
 when further security may be re- 
 quired, 152 
 to sell lands under the order of the 
 
 court, 152 
 
 'Exemption of members of the legisla- 
 ture from arrest, 24 
 of electors from arrest, 29 
 of properly from execution, 58,331 
 of persons from taxation, 404 
 of real estate from taxation, 405 
 Exhibitions, theatrical, prohibited, 113 
 Expulsion of members of assembly, 24 
 factories, regulation of children em- 
 ployed in, 272 
 Factor, 4*c. of absconding debtors, 
 
 how to proceed against, 186 
 
 "False witnesses, with intent to take 
 
 life, how punished, 95 
 
 Fast days, labor on, prohibited, 341 
 
 Feet and inches, standard of, 434 
 
 Fees of clerks granting license to auc- 
 tioneers, 64 
 of pound keepers, 335 
 of the superior court, 343 
 of the county court, 343 
 of clerks of the county courts, 344 
 of jurors, 344 
 of courts of probate, 344, 5 
 ol justices of the peace, 346 
 of secretary of state, 346 
 of sheriff's and constables. 347 
 items of, to be noted, 348 
 of parties in civil actions, 348 
 for laying out highways, 349 
 of town clerks, 349 
 ofattornies, 349 
 of gaolers, 349 
 of writs and petitions, 349 
 of grand-jurors, 350 
 of witnesses, in criminal causes, 350 
 of sheriffs and other officers, in 
 
 criminal causes, 350 
 
 of clerks in criminal causes, 350 
 
 of justices of the peace in do. 350 
 of state attornies, 351 
 
 of notaries public, 351 
 
 of trial of forcible entry and de- 
 tainer, 351 
 Fellows of YaJc College, 440 
 Female convicts, how punished, 115 
 Femecovert,ho\v\Q convey her lands, 256 
 may make wills, 145 
 
 FENCES, what shall be sufficient, 16$ 
 how maintained by adjoining pro- 
 prietors, 160 
 where one makes the \yhole, bow 
 
 to proceed, 160 
 
 how to be divided, 161 
 
 how to proceed, when divisional, 
 
 are not in repair, 161 
 
 when one opens his enclosure, 161 
 when thev cannot be placed in the 
 
 line, 161 
 
 of common fields, 164 
 
 double damage for throwing down, 423 
 
 Fence viewers, to be appointed by 
 
 .towns, 414 
 
 to decide on sufficiency of fences, 160 
 by proprietors of common fields, 162 
 
 Ferries, by whom kept and maintain- 
 ed, 166 
 how to be furnished, 166 
 how to be tended, 167 
 lawful fare of, only to be taken, 167 
 rate of fare of, to be set up, 167, 8 
 commissioners of, how appointed, 168 
 their power and duty, 168 
 compensation of commissioners, 171 
 fares of, regulated, 171. 174 
 
 Fields, common, regulated, 162 
 
 Field compass, to be kept by surveyor 
 general, and deputies, > 397 
 
 Fines, 114 
 
 Firts, damage, by running of, on to 
 
 another's land, to be paid, 423 
 
 Fish, inspection of, 243 
 
 Fisheries, regulation of, 174 
 
 in Connecticut river, 176 
 
 forfeiture for violating laws of, 175 
 mode of proceeding, 175 
 
 nets and seines may be seized, 176 
 in Ousatonnic, 177 
 
 in Windsor ferry river, 178 
 
 in Quinebaug, 176 
 
 in Shetucket, Willimantic, and 
 
 Shetauge, 179 
 
 in Selden's Cove, and Eight Mile 
 
 River, 180 
 
 in Thames River, 180 
 
 in Key's Brook, 180 
 
 in East River, New-Haven, 181 
 
 in PautuckeJ, % 182 
 
 Flour, inspection of, 244 
 
 FORCIBLE ENTRY AND DETAINER, 
 
 proceedings in, 184 
 
 trial and judgment, 155 
 
 fees in, 357 
 
 FOREIGN ATTACHMENT, proceedings 
 
 in, 186 
 
 most be continued, 186 
 
 FOREIGNERS, how to hold real estate, 191 
 how to gain settlement in towns, 234 
 
 Forgery of public sureties, 98 
 
 of any writi ig, 99 
 
 uttering and publishing any forged 
 writing, knowing the same, 100 
 
 FORMS of certificate of votes, 133, 4
 
 JORJIS,. 
 
 blanks of, to be distributed by the 
 
 secretary, 135 
 
 of writs in certain cases, 191, 2 
 
 of executions, 197 
 
 of writ of replevin and bond, 198 
 
 of warrant for taxes, 199 
 
 Fornication, how punished, 108 
 
 FRAUDS AND PERJURIES, how pre- 
 vented, 200 
 FRAUDULENT CONVEYANCES, void, 201 
 punishment for making them, 201 
 Freedom of the press and speech se- 
 cured, 20 
 Gamblers, playing at cards for money, 1 1 1 
 'TAMING selling of playing cards, 112 
 keeping of, by taverners 112 
 keeping billiard table, 112 
 gaming at do. 112 
 taverner, suffering gambling, 112 
 owning billiard or E. 0. table, 113 
 how prevented, 
 
 money lost may be recovered back, 202 
 billiard and E.O table may be des- 
 troyed, 203~ 
 keeping implements of, how pun- 
 ished, 203 
 '3.VOLS, to be kept in each county, 204 
 expen-e of, how defrayed, 204 
 sheriff, to be keeper of, 205 
 sheriff shall be liable for escape, 205 
 liberties of, how established, 205 
 prisoners entitled to liberties of, 205 
 removal of persons from, in case 
 
 of sickness, 209 
 
 to be used under authority of the 
 
 United States, 200 
 
 counties liable for escape trom, 210 
 provision for, when none in coun- 
 
 ty, 210 
 
 debtors in, how to be supported, 208 
 criminals not to be confined with 
 
 debtors, 208 
 
 Garnishee. when judgment may be 
 
 rendered against him, 
 may declare on oath, 187 
 
 when demand must be made of, 190 
 on his refusing to appear, must pay 
 
 costsj 190 
 
 Gaoler, how appointed, 205 
 
 fees of, 2-19 
 
 Gales on t-irnpike roads, when to be 
 
 set open, 430 
 
 GENERAL ASSEMBLY, how constituted, 22 
 stated session of, 
 powers of each house of, 
 how to proceed with public bill?, 211 
 adversary petitions to be referred 
 
 to joint committees, 
 officers of, how chosen, 
 public acts of, when to take effect, 212 
 petitions to, of an adversary na- 
 ture, 330 
 General issue, when it may be pleaded, 42 
 Goods lost, how to be proceeded 
 
 with, 395,6 
 
 Goods, 
 attached, when to be levied on by 
 
 execution, 
 
 exempted from execution, 58 
 
 Government, powers of, distributed, 22 
 
 GOVERNOR, how chosen, 132 
 
 lieut. how chosen, 132 
 
 may appoint notaries, 212 
 
 may appoint secretary, 212 
 
 may administer oaths, 213 
 
 compensaiion of private secretary, 213 
 
 salary of secretary of, 343 
 
 GRAND JURORS, how appointed, 213 
 
 their duty, 214 
 
 power to compel attendance of 
 
 witnesses, 
 
 penalty for neglect of duty, 
 when summoned by sK/)erJ6rcourts,214 
 fees of, 350 
 
 Grand-jury, indictment by, when ne- 
 
 cessarv, 21 
 
 Grist-mills', toll of, regulated, 308 
 
 penalty for taking more than legal 
 
 toll, 30<y 
 
 sealed measures, to be provided 
 
 for each, 30<> 
 
 Guards, how enlisted, 307 
 
 of New-Gale, ^CO 
 
 GUARDIANS, how appointed, 21G 
 
 bonds to be taken of, 217 
 
 hw to be removed, 217 
 
 may be called to account, 
 may release mortgages of vrard, 217 
 may make partition of lands, 
 may sell lands by order of court, 218 
 where to apply for order of sale, 218 
 power to convey equity of redemp- 
 tion of his minor in certain 
 cases, 143 
 
 court authorised to appoint a guar- 
 dian, ad lilem, 143 
 HABEAS CORPUS, writ of, when and 
 
 how issued, 
 
 when it may be suspended, 21 
 
 how served, 
 
 penalty for disobedience of, 219 
 
 trial on, 220 
 
 Haddam island ferry, fare of, 171 
 
 Harbours, ballast not to be thrown 
 
 therein, 315 
 
 Harlford and New-Haven turnpike 
 
 company, certain rights or', 432 
 
 Hawkers, prohibited to sell foreign 
 
 goods 
 
 and indigo and feathers, 330 
 
 Hayu-ards, to be appointed by towns, 414 
 
 to impound swine, 
 
 Hay pressed, inspection of, 247 
 
 Hearse and Pall, how to be provi- 
 ded, 360 
 Hereditary emolument?, privileges 
 
 and powers, not to be granted, 22 
 Heirs on distribution, to give bond to 
 
 refund, 1^5 
 
 Bigganum-ferry, fare of. regulated, ITi
 
 INDEX. 
 
 Highways, writ of error against peti- 
 lions for, 011 whom and how to 
 
 be served, 57 
 
 to he maintained by towns, 220 
 
 towns liable for deficiency, 220 
 
 when railings to be erected on, 221 
 how to be laid out by selectmen, 222-3 
 how to proceed in laying out by 
 
 county court, 223 
 how laid out in cities, 226 
 how discontinued by select men, 227 
 how kept in repair, 227 
 states' attorney ma} 1 malce com- 
 plaint when out of repair, 228 
 encroachments on, how removed, 314 
 penalty for repeating tfie offence, 315 
 fees for laying out, 349 
 Horse racing, prohibited, - 111 
 betting upon, 111 
 Horse stealing, how punished, 102 
 House of Representatives, how consti- 
 tuted, 22 
 officers of, 23 
 quorum of, 23 
 to make its own rule?, 24 
 to keep journal of its proceedings, 24 
 members of, prirHeged from arrest, 24 
 debates of, to be public, 24 
 to appoint engrossing committee, 212 
 to make out their debentures, 212 
 Hue-and-cry, by whom to be received 
 
 and set forth, 76 
 Idiots, conservators of, how appoint- 
 ed, 228 
 estate of, how managed, 229 
 Idle persons, how taken care of, 231 
 liable to be committed to work- 
 house, 438 
 Impeachment, pc vver of, 30 
 trial of, how conducted, 30 
 what officers liable to, 31 
 judgment in cases of, 31 
 Impounding cattle, 332 
 imprisonment, when allowed for debt, 59 
 fir crimes, 116 
 Incest, how punished, 108 
 Indentures of apprenticeship, 270 
 INDIANS, how protected, 233 
 Indictment, when necessary, 117 
 proceedings in, 117 
 Indifferent persons, when to serve 
 
 civil process, 35 
 where execution may be directed 
 
 to, and by whom, 60 
 Infectious diseases, spreading of, how 
 
 prevented, 376 
 Information for offences, to be made 
 by grand-jurors and attornics for 
 
 the state, 215 
 
 for breaches of the sabbath, 841 
 
 Informing officers, duties of, 1 14 
 Inhabitants, how to gain settlements 
 
 in towns, 234 
 of other states, 236 
 foreigners, how to gain settle- 
 ments, 234 
 
 Inhuhilants, 
 
 of one town, how to gain settle- 
 ment in another, 23< 
 paupers, how (o be removed, 
 may be warned to depart, 236 
 of other states, not to be entertain- 
 ed in this, 237 
 paupers not be brought into this 
 
 slate, 237 
 Injunction, writs of, by whom grant- 
 ed, 143' 
 fan-keepers, how appointed, 398 
 not to suffer minors to sit drinking 
 
 in their houses, 399 
 or of other towns, 399 
 not to sell liquors on Lords' day, 399 
 nut to keep implements of gam- 
 bling;, 399 
 may be admonished, 400 
 to be licensed, 400 
 Inquest, in what cases shall be held, 122 
 penalty for neglect of juror, 122 
 Insane persons, how to be taken care 
 
 of, 228 
 
 Insolvent estates, how settled, 156 
 
 debtors, how liberated, 207 
 Insolvency, acts of, when and how 
 
 granted, 238, & 
 INSPECTION OF PROTISIONS, how reg- 
 ulated, 241 
 offish, 243 
 of flour, 244 
 of corn meal, 244 
 of shingles, 245 
 of staves, 246 
 of onions, 246 
 of butter,' 247 
 of pressed hay, 247 
 of lard, 247 
 Inspection of turnpike roads, 427 
 Inspectors of provisions, fee. how 
 
 appointed, and duty, 241 
 forfeiture for using unsealed 
 
 weights, 247 
 
 oath of, 248 
 
 fees of, 249 
 
 Inspector-general, how appointed, 241 
 
 power and duty of, 241, to 247 
 
 INTKMPERANCE, how restrained, 249 
 
 Interest on judgments not reversed, 56 
 
 of money, rate of, 443 
 
 Intestate estates, how settled, 147 
 
 Inventories, how to be, 147 
 
 Issues, in fact when tried by a jury, 45 
 
 when tried by the court, 62 
 
 in law, court to decide, 52 
 
 Joint contractors, how to be sued 
 
 when a part are out of the state, 39 
 Joint tenants to have account against 
 
 each other, 34 
 
 partition of lands of, 256 
 
 Jointure, how to be made, 128 
 Journal to be kept by each house of 
 
 the general assembly, 24- 
 
 Jitige-ttdvocQte, how appointed, 304
 
 rNDEX. 
 
 *: how to be appointed, 28. 93 
 
 tenure of office, 28 
 
 limitation ot term of office by age, 28 
 removable, in what manner, 28 
 
 when disqualified by relationship, 
 
 or by interett, 92 
 
 of superior, and supreme court of 
 errors, may not be members of 
 assembly, 32 
 
 cannot hold the office of sheriff, 
 
 constable, or tavener, 92 
 
 continuance in office, 93 
 
 of supreme court of errors, 348 
 
 Judgments upon bonds, the breach of 
 which may happen at different 
 times, 52 
 
 proceeding on when reversed, 56 
 
 interest on when not reversed, 56 
 
 on award of arbitrators, 62 
 
 Judicial department, established, 28 
 
 Judicial proceedings in one state, ef- 
 fect of in another, 14 
 Jugglers, liable to be committed to 
 
 work-house, 433 
 
 Jurisdiction of justices of the peace, 41.90. 
 
 [91 
 
 final, of county courts, 53 
 
 of supreme court of errors, 81 
 
 of superior court, 82 
 
 equity, of superior court, 82 
 
 Jurors, to try issues in fact, 45 
 
 how appointed and returned, 45 
 
 how drawn and summoned, 46 
 
 direction of court to, 50 
 
 when court may send to a further 
 
 consideration, 
 
 misconduct of, how punished, 51 
 
 to be under charge of an officer, 51 
 peremptory challenge of, 118 
 
 in forcible entry and detainer, 184 
 number to be appointed in each 
 
 town, 250 
 
 fees of, 344 
 
 Jury, right of trial by, to remain invi- 
 olate, 22 
 Justices of the peace, appointment 
 
 of, 28. 93 
 
 continuance in office, 28. 93 
 
 jurisdiction of, 41 
 
 appeal from, when the right of 
 
 water is concerned, 54 
 
 authority to issue criminal process, 116 
 fees of, in civil cases, 346 
 
 fees of, in criminal cases, 350 
 
 what offices incompetent to hold, 92 
 when disqualified from relation- 
 ship, 92 
 civil jurisdiction of, 41. 91. 2 
 criminal jurisdiction of, 91 
 records of, how preserved, in case 
 
 of death, 336 
 
 powers and duties of, in particular 
 cases, 34. 40. 78. 90. 91. 116. 92 
 
 may issue warrant to commit of- 
 fenders to work-house, 438 
 Keeper of new-gate prison, how ap- 
 pointed, 309 
 
 Keeper of newgate prison, power of, 310 
 of the seal of the state, secretary to 
 
 be, 27. 364 
 
 Kenney's ferry, fare of, 173 
 
 Kidnapping, how prevented, 97 
 
 Kindred, prohibited to intermarry, 108 
 to support poor relations, 324 
 
 King's ferry, fare of, 172 
 
 LANDS, title of, to be tried in county 
 
 where situated, 41 
 
 when execution to be levied on, 
 
 and how to proceed, 59 
 
 deeds of, from indians, void, 234. 255 
 from persons out of possession, 
 
 void, 234 
 
 tenure of, in this state, 252 
 
 given for public uses, so to re- 
 main, 253 
 limitation to prevent perpetuities, 253 
 rule in Shelley's case abolished, 253 
 collateral warranty, when void, 254 
 aliens cannot hold, i'.54 
 deed of, how executed, 254 
 caution, when to be entered, 254 
 deeds of, to be recorded, 254, 5 
 leases of, to be in writing, 255 
 partition of, how made, 256 
 deeds of, by married women, how 
 
 executed, 256 
 
 executors, power of to convey, 256 
 common and undivided, how man- 
 aged, 257 
 summary process, to recover pos- 
 session of, 259 
 how to proceed, 260 
 limitation of, entry into, 262 
 how sold for taxes, 412 
 Lard, inspection of, 247 
 Lascivious carriage, how punished, 108 
 Laws of other states, how proved, 50 
 to be made in support of free suf- 
 frage, 29 
 of the United States, how distribu- 
 ted, 364 
 of this state, how published and dis- 
 tributed, 364 
 style of, 22 
 revised, confirmed, 442 
 when to take effect, 422, 3 
 Leases of lands to be in writing, 255 
 when and how to be recorded, 255 
 Leather, tanning of, regulated, 261 
 penalty for fraudulently stamping, 261 
 Legislative power, where vested, 22 
 Legislature, how constituted, 22 
 how elected, 131 
 how to proceed, 211 
 Levy of executions, manner of, direct- 
 ed, 58 
 Libel, in prosecution for, truth may 
 
 be given in evidence, 20 
 
 Liberty of speech and of press, 20 
 
 LIBRARY COMPANIES, incorporated, 261 
 License, to tanners of leather, 261 
 
 to tavern keepers, 398, 9. 400 
 
 penalty for auctioneer selling with- 
 out, 263
 
 458 
 
 INDEX. 
 
 License. 
 
 civil authority, to grant, 64 
 
 to be valid for one year only, 64 
 
 Licensed houses regulated, 399 
 
 Lieutenant. governor, how chosen, 25. 132 
 salary of, 342 
 
 to be president of the senate, 26 
 
 when to exercise the powers of gov- 
 ernor, 26 
 LIMITATION of subscriptions to bank 
 
 stock by corporation. 67 
 
 of prosecution for maintenance of 
 
 bastard children, 70 
 
 of suits to recover the amount of a 
 
 counterfeit bill or note, 78, 9 
 
 of appeal from probate courts, 155 
 
 of granting administration, 156 
 
 of proving a will, 156 
 
 of scire-facias, 190 
 
 to prevent perpetuities, 253 
 
 of entry into lauds, 262 
 
 of actions on specialities, 263 
 
 of account, book debt, and assump- 
 
 sit, 263 
 
 of trespass on the case, 263 
 
 of actions on contracts not reduced 
 
 to writing, 263 
 
 of action of trespass, and of case for 
 
 words, 263 
 
 of actions on penal statutes, 263 
 
 of actions against officer for neglect 
 
 of duty, 263 
 
 of a new suit after reversal of judg- 
 ment, 263 
 of writ of error, 264 
 of petition for new trial, 264 
 of treason and newgate offences, 264 
 of crimes not punishable with death 
 
 or newgate, 264 
 
 of prosecutions for breach of law, 
 
 regulating pounds, 335 
 
 Limits of gaol, how established, 205 
 
 Lines of towns to be perambulated, 72 
 Log*, how to proceed with, in Con- 
 necticut river, 425 
 LORD'S DAY, observance of, 340 
 Lost goods, how to proceed with, 395 
 Lotteries, prohibited, 110 
 Lumber, how to praceed with on Con- 
 necticut river, 426 
 Lunatics, how to be taken care of, 228 
 when to be confined, 229 
 Maintenance, of unlawful suits, prohi- 
 bited, 265 
 of paupers, by towns, 325 
 of state paupers, 326 
 Magazine, public, destruction of, pun- 
 ished, 97 
 MANDAMUS, writ of, when and by 
 
 whom issued, 266 
 
 peremptory, when to issue, 266 
 
 power of court on return of, 267 
 
 Manslaughter, how punished, 95 
 
 confinement of persons tried for, 230 
 
 Manufacturing companies, liability of 
 
 members. 268 
 
 Manufactures, of silk, how regulated 
 .Marriage, intention of, how publish- 
 ed, 268 
 who may join persons in, 269 
 penalty for joining in, without pub- 
 lication, 269 
 for defacing notice, 269 
 certificate to be lodged with town- 
 clerk, 269 
 penalty for neglect, 269 
 Master of ne%vgate prison, 309 
 power and duty of, 309, 310 
 of work-house, how appointed, 436 
 MASTERS, how apprentices shall be 
 
 bound to, 270 
 
 how to proceed with refractory ap- 
 prentices, 271 
 how to bring back runaway appren- 
 tices, 271 
 how to be proceeded with, when 
 
 they abuse apprentices, 271 
 
 Masters of vessels, penalty on, for ex- 
 porting articles not inspected, 248 
 of work-houses, duties of, 437 
 
 to account semi-annuallo, 437 
 
 Masts, when to be taken up in Con- 
 necticut river, 425 
 Mayhem, how punished, 95 
 MEASURES and WEIGHTS, regulated, 434 
 MEDICAL societies, establishment and 
 
 regulations of, 274 
 
 institution of Yale-College, 276 
 
 qualifications of students, 276 
 
 committee of examination, 277 
 
 Mess beef, what shall be, 241 
 
 MEETINGS, disturbance of, how pun- 
 ished, 278 
 religious, disturbance of, how pun- 
 ished, 279 
 MEMORIALS to the general assembly, 331 
 Middle-Haddam-landiug ferry, fare 
 
 of, 171 
 
 Middlesex county, stated and named, 
 Middletown ferry, fare of, regulated, 169 
 Mile-stones, damage for defacing, 424 
 MILITIA, who to be enrolled, 280. 285 
 how armed and equipped, 281 
 
 persons exempt, 281.285 
 
 how to be arranged, 282 
 
 rules of discipline, 283 
 
 officers, how to take rank, 284 
 
 enrollment of minors, 286 
 
 organization of, 286 
 
 how officered, 287 
 
 captain-general may alter the lim- 
 its of companies, 287 
 companies, when enlisted, 288 
 general and field officers, how ap- 
 pointed and commissioned, 288 
 company officers how chosen, 288 
 quarter-master general, how ap- 
 pointed, 288 
 his rank and duty, 289 
 commissary-general, how appoint- 
 ed, 290 
 pay-master general, pay and rank, 29*"'
 
 (NDEX. 
 
 459 
 
 how armed, 290 
 
 uniform of, 
 
 days of company exercise, 
 artillery and cavalry to provide 
 
 horses, 
 
 days for company review, 
 regimental review of artillery, 
 regiments of infantry, to be called 
 
 out annually, 
 ;n what cases to be called out three 
 
 days in succession, 
 battalion companies, how posted, 
 inspection, how made, 
 duty of brigade inspectors, 
 how warned, 
 orderly book for records, 
 division and brigade inspection and 
 
 review, 
 
 firing prohibited, 
 
 officers to fix the limits of parade, 
 musicians to assemble for instruc- 
 tion, 
 
 fines for non-appearance and defi- 
 ciencies, 
 
 excuse for non-appearance, 
 fines, how collected, 
 proceedings in appeals, 
 appeals to judge of county court, 
 warrants for fines, how directed, 
 fines, how disposed of, 
 proceedings, when a soldier is un- 
 able to equip himself, 
 Quakers, exempted, 
 officers to be called together for ex 
 
 ercise, 
 
 place of parade, how established, 
 officers to furnish themselves rules 
 
 of discipline, 
 
 proceedings in case of invasion, 
 ' fine for non-appearance, 
 allowed to procure substitutes, 
 notice to persons detached, 
 court-martials, how constituted, 
 judge advocate, 
 general order, form of, 
 division and brigade order, form of, 
 persons accused to be furnished 
 
 with copies, 
 
 entitled to process for witnesses, 
 judge advocate to summon witness- 
 es for the state 
 
 members of the court, how detail- 
 ed, 
 
 charges of arrest, how made, 
 oath of members, 
 judge advocate, how appointed and 
 
 sworn, 
 when judge-advocate of adjoining 
 
 county may act, 
 exception to members of court, 
 fees of members, 
 sentence to be approved, 
 liability of persons moving into the 
 
 state, 
 fire-men, when liable to do duty, 
 
 291 
 291 
 291 
 
 292 
 
 292 
 292 
 292 
 292 
 293 
 293 
 
 293 
 
 293 
 294 
 
 294 
 
 295 
 295 
 295 
 295 
 
 295 
 296 
 297 
 
 297 
 
 297 
 
 298 
 298 
 
 298 
 299 
 299 
 300 
 300 
 301 
 301 
 302 
 302 
 
 303 
 303 
 
 303 
 
 304 
 304 
 304 
 
 304 
 
 304 
 305 
 306 
 306 
 
 306 
 306 
 
 MILITIA. 
 
 what officers do duty on horseback, 306 
 colours, how to be furnished, 307 
 
 companies of guards, how enlisted. 307 
 power to dismiss from guards, 307 
 
 uniforms, 308 
 
 governor may fix the limits of com- 
 panies, 
 
 may delegate his authority, 308 
 
 returns of, to be annually laid be- 
 fore the legislature, 
 secretary to make returns to the 
 adjutant-general of officers dis- 
 charged and appointed, 
 MILLS, rates of tolls, 
 
 penalty for taking illegal toll, 
 sealed measures to be kept at, 
 Ministers of the gospel, how settled, 
 Minors, of what age may choose guar 
 
 dians, 
 
 how their lands may be sold, 
 when they may bind themselves as 
 
 apprentices, 
 
 Misprision oftreaton, how punished, 
 Mill-dams, to have passages open in, 182 
 on Windsor ferry river, 178 
 
 Moderators of meetings, how appoint- 
 ed, 278 
 power to preserve order, 
 to have casting vote, 
 Mittimus, to commit principal on ap- 
 plication of bail, 
 Mountebanks, how punished, 
 permitting them to exhibit in one's 
 
 house, 
 Murder, 
 
 administering poison with intent 
 
 to murder, 
 
 confinement of persons tried for, 
 NEWGATE PRISON, established, 
 overseers, how appointed, 
 master of, how appointed, 
 guard of, 
 
 duty of keeper of, 
 to render his account to overseers, 31 
 duty of overseers of, 
 to settle accounts annually, 310 
 
 to make rules for government of 
 
 the prison, 
 
 may sue in their own name, 
 when to discharge prisoners re- 
 tained for costs, 
 
 may be used for U. States' prisoners, 312 
 keeper and guard protected from 
 
 arrest on civil process, 
 New-London ferry, fare of, 
 New trial, when defendant has no no- 
 tice of suit, 
 when granted, in action before 
 
 justices, 
 when granted, by superior and 
 
 county courts, 
 in equity, 
 limitation of, 
 
 Might season, trespass committed ID 
 hew prosecuted, 
 
 308 
 
 308 
 303 
 309 
 309 
 390 
 
 216 
 218 
 
 270 
 95 
 
 279 
 279 
 
 66 
 113 
 
 114 
 95 
 
 95 
 230 
 309 
 309 
 309 
 309 
 309 
 
 39 
 40 
 
 55 
 
 144 
 
 264 
 
 426
 
 160 
 
 LS D 
 
 Night walkers, liable to be com milted 
 
 to work-house, 438 
 Non attendance of jury, penalty for, 47 
 Non-residents, service of writs on, 37 
 Nonsuit, when it may be made, 40 
 Notaries Public, how appointed, 213 
 fees of, 351 
 Notes Promissory, when negotiable, 312 
 Notice to quit possession of land, 259 
 form of, 260 
 Nuisance, what constitutes, 314 
 how removed, 314 
 by obstructing rivers, 315 
 in Connecticut river, 
 how punished, 315 
 OATH, form of, for appraisers of de- 
 ceased persons' estates, 319 
 appraisers of lands, on execution, 319 
 arbitrators, 321 
 assessors of taxes, 318 
 attornies, 319 
 auditors, in account and book debt, 321 
 auditors, of state accounts, 320 
 board of relief and equalization, 
 
 members of, 318 
 
 chainmen, 320 
 
 clerks of civil authority, 393 
 
 clerks of county courts, 318 
 
 clerks of probate, 318 
 clerks of proprietors, of common, 
 
 and undivided lands, 257 
 clerks of representatives, house of, 321 
 clerks of societies, J19 
 clerks of senate, 321 
 clerks of superior court, 318 
 clerks of towns, 318 
 commissioners, on the estate of in- 
 solvent debtors, 238 
 commissioners on the estate of in- 
 solvent persons deceased, 320 
 commissioners of sewers, 318 
 committees, to lay out highways, 223. 
 
 (319 
 
 committees, in chancery, 321 
 aomptroller, 317 
 constables, 317 
 county surTeyors, 320 
 courts-martial, members of, 304 
 distributors of estates, 319 
 electors, 316 
 jexaminors of electors; 316 
 executive officers, 31 
 fence viewers, 318 
 gaugers, 318 
 general assembly, members of, 31 
 grand-jurors, impannelled in court, 317 
 grand jurors, 318 
 haywards, 318 
 inspectors of provisions, 248.318 
 judge advocates, 304 
 judicial officers, 31 
 jurors in civil causes, 317 
 jurors, in criminal causes, 317 
 jury, in forcible entry and detainer, 320 
 jury, to reassess damages on high- 
 ways. 320 
 
 OATH. 
 
 jury of inquests, 317 
 
 leather sealers, 318 
 
 plaintiff in attachment, directed to 
 
 an indifferent person, 35 
 
 poor, imprisoned debtors, 207 
 
 referees, 32-1 
 
 scavengers' 318 
 
 sealers of weights and measures, 318 
 secretary of state, 317 
 
 society treasurer's, 318 
 
 surveyors of highways, 318 
 
 surveyor's of provisions, 318 
 
 surveyors may administer affirma- 
 tion, 318 
 town treasurers, 318 
 treasurer of the state, 317 
 tything-men, 318 
 voir dire, 320 
 \vitnesses, 318 
 what ceremony to be used, 321 
 when affirmation may be adminis- 
 tered, 321 
 may be adminstered by surveyors, 398 
 penalty for false affirmation, 322 
 Obscene books, prohibited, 109 
 Observance of Lord's day, 340 
 OJfen its, disclosed and punished, 93 to 
 
 121 
 
 Officers, may not draw or fill up writs, 374 
 
 shall endorse fees on execution, 374 
 
 misconduct of, bow punished, 62 
 
 limitation of actions against, 263 
 
 Order, for taking depositions, 49 
 
 Onions, inspection of, 246 
 
 Ousatonic rirer, fishery in regulated, 177 
 
 logs floating in, how secured, 425 
 
 rewards, for drifts in, 425 
 
 forfeiture for taking them away 
 
 when secured, 425 
 
 Overseers, of spendthrifts, 231 
 
 revocation ofappointment, 231 
 
 duty of, 232 
 
 of indians, how appointed, and give 
 
 bonds, 233 
 
 of newgate prison, how appoint- 
 ed, 309 
 their duty, 310 
 of work house, duties of, 436 
 Oyer of book account, 70 
 Oysters, fishery of, regulated, 174 
 Packers of provisions, to be appointed 
 
 by the county courts, 241 
 
 bonds to be taken, 241 
 
 not to use unsealed weights, 247 
 
 penalty for branding provisions 
 
 falsely, 247, 8 
 
 for fraudulently taking out, and 
 
 changing contents, 248 ' 
 
 oath of inspection, &.c. 248,9 
 
 to make return of articles, 249 
 
 Pamphlets, obscene, prohibited, 109 
 
 Parents, duty of, to educate their chil- 
 dren, ' 74 
 Parties, death of. when not to abate 
 
 writ, 42
 
 INDEX. 
 
 461 
 
 52 
 
 70 
 348 
 
 Parties, 
 may agree to try issue in fact by 
 
 the court, 
 oath of, admissible ia actions of 
 
 book debt. 
 
 fees of, in civil actions, 
 Partition of lands, may be made by 
 
 guardians, 
 
 by tenants in common, how made, 256 
 Partnerships, limited, how formed, 322 
 .firm of, ' 
 
 registry of, 322 
 
 advancement of special, sworn to, 323 
 accountability of .partners to each 
 
 other, 
 
 suits, how brought, 
 publication of terms of, 
 Paukatuck river, fishery in, regulated,182 
 PAUPERS, what relations are liable 
 
 for support of, 
 remedy against relations refusing 
 
 support, 
 
 how to be removed, 
 may be warned to depart, 
 may be whipped, if they return, 
 penalty for bringing into this stale, 
 what persons are to be supported 
 
 by the town, 
 
 select-men to be overseers of, 
 when liable to be removed, 
 select-men to furnish support, 
 when, and within what time.notice 
 
 to be given, 325 
 
 ?.vhat shall be sufficient evidence of 
 
 notice, 325 
 
 right of recovery of one town 
 
 against another, 
 
 -.owns authorized to establish poor- 
 houses, 326 
 -,vhen shall be supported by the 
 
 state, 
 when persons entertaining, shall 
 
 bear the expense, 
 
 when this state shall not be liable, 327 
 accounts for the state, how liquida- 
 
 ted, 328 
 
 comptroller, authorized to contract 
 
 324 
 
 324 
 236 
 236 
 237 
 237 
 
 325 
 325 
 325 
 325 
 
 for state, 
 
 Peace, breach of, how punished, 
 challenging to a duel, 
 delivering challeng*, 
 PEDLARS, fee. not to deal in foreign 
 
 goods, 
 
 goods forfeited, 
 mode of proceeding, 
 in indigo and feathers, 
 Penalty, lor non-attendance of jury, 
 for an auctioneer selling without 
 
 license, 
 for banks emitting bills less than 
 
 one dollar, 
 Perambulation of bounds of towns, 
 
 when required, 
 Perishable property, shipwrecked, how 
 disposed of, 
 
 328 
 107 
 105 
 105 
 
 329 
 329 
 329 
 
 330 
 47 
 
 63 
 67 
 
 72 
 
 831 
 331 
 331 
 
 40 
 
 Penal statutes, limitation of action on, 263 
 Perjury, how punished, 103 
 
 with intent to take away life, 
 subornation of, 
 
 Perjuries andfraudt, how prevented, 200 
 FETITIOSS, for perpetuating testimo- 
 ny. 
 
 to the general assembly, 
 ibow proceeded with, when of an 
 
 adversary nature, 330 
 
 Personal estate, bnk shares to be con- 
 sidered, 
 
 PEWS, grants and leases of, how ex- 
 ecuted, 
 
 to be recorded, 
 when exempt from execution, 
 Plaintiff, when he must appear, 
 Plea, of defendant, in certain cases, 
 
 not to avail him, 
 Pleadings, in civil actions, 
 
 double, when allowed, 
 Poison, administering of. with intent 
 to murder, or cause miscarriage, 
 Political power, source of, 
 Polls, how taxed, 
 
 exemption of, 
 
 Poor, when supported by relatives, 
 when by towns, 
 by I he state, 
 Poor debtors, how relieved, 
 
 form of oath, 
 Pork, inspection of, 
 how branded, 
 barrels of, how made, 
 Possession, adverse, of lands, for fif- 
 teen years, to bar entry, 
 Post-notes, banks may issue, 
 POST GUIDES, to be erected by select- 
 men, 332 
 penalty for neglect, 
 states' attornies to inform, 
 Pot and pearl ashes, casks for, how 
 
 made, 
 
 Pmmds, to be erected by the towns, 3 
 escape from, 
 
 breach of, how punished, 
 fees of, 
 Practice, rules of, to be made by su 
 
 96 
 20 
 404 
 404 
 324 
 326 
 326 
 207 
 207 
 242 
 243 
 243 
 
 262 
 
 60 
 
 332 
 332 
 
 335 
 335 
 336 
 
 137 
 
 preme court, 
 rules ot, may be established by 
 
 county courts, 
 Pratl's ferry, fare of, 
 Presentment, for crimes, by whom to 
 
 be made, 
 when necessary, 
 
 President of the senate, lieutenant- 
 governor to be, 
 
 his rights, power and authority, 
 pro tempore, when to be elected, 
 when shall administer the govern- 
 ment, . ~i 
 Press, liberty of, not to be restrained, 20 
 Pressed hay, how inspected and brand- 
 ed, 
 
 84 
 172 
 
 26 
 26 
 
 26 
 
 27 
 

 
 462 
 
 INDEX. 
 
 Principal, remedy of bail, against, 66 
 mittimus to commit, 66 
 
 Prisoner, how to be supported in gaol, 206 
 for debt, not to be confined with 
 
 criminals, 207 
 
 poor, how to be relieved, 207 
 
 form of oath, 208 
 
 cnti led to liberties, 208 
 
 for military fines, how disci arged, 209 
 attorneys to the state may dis- 
 charge, 206 
 in gaol, price of their support, when 
 
 paid by the state, 329 
 
 in work-houses, escaping, how pun- 
 ished, 437 
 expense of supporting, how defray- 
 ed, 437 
 Privileged debts, what, 159 
 Priority of debts, when allowed to 
 
 the state, 159 
 
 Private ways, how laid out, 226 
 
 Probate courts, constituted, 87 
 
 districts established, 
 
 Process, of writs in civil actions, 34 
 
 to whom shall be directed, 35 
 
 for witnesses, 47 
 
 summary, to recover possession of 
 
 lands and houses, 260 
 
 Proclamation, to be read lo rioters. 339 
 Profane swearing, how punished, 109 
 
 PROHIBITION, writ of, when to issue, 267 
 Promises, when to be in writing, 200 
 
 Promissory notes, when negotiable, 312 
 Proof, necessary to convict of treason, 31 
 necessary to convict of any capital 
 
 offence, 118 
 
 of importing convicts, 77 
 
 of secret assault, 364 
 
 in certain cases of trespass, 423 
 
 in prosecution for damage, done in 
 
 the night season, 426 
 
 Properly, what exempt from execution, 58 
 private, not to be taken for public 
 
 use, without compensation, 21 
 
 Proprietors of common fields, how to 
 
 manage, 162 
 
 meeting of how warned, 162 
 
 to choose clerk, committee, and 
 
 fence-viewers, 162 
 
 may lay taxes, 162 
 
 of common and undivided lands, 
 
 how to manage, 257 
 
 Prosecution, for crimes, limitation 
 
 of, (262. 264 
 
 bond for, 35.57.199 
 
 not to exonerate special bail, 66 
 
 new, when to be given, 40 
 
 bonds for, on writ of error, 57 
 
 limitation of, 264 
 
 bills of cost in, how paid, 420 
 
 Prostitutes, common, liable to be com- 
 mitted to the work-house, 438 
 PROVISIONS, insp^-tion of, 241 
 inspected in other states. 248 
 
 Public worship, disturbance of, punish- 
 ed, 34i 
 Publishment, of intention of marriage, 268 
 Punishment, of death, how inflicted. 114 
 in case of second or third convic- 
 tion, 114 
 of females, 115 
 when confined in work-house, 115 
 limitation of, 119 
 warrant of execution, 119 
 costs of conviction, 119 
 Quakers, how excused from military 
 
 duty, '297, 8 
 
 Qualifications of electors, 28, 9 
 
 Quarantine, how to be assigned, 377 
 Quartering of soldiers in lime of 
 
 peace, 22 
 
 Quarter-master general, how appoint- 
 ed, 289 
 Quorum of each house of assembly, 23 
 in meetings, of corporation of Yale- 
 College, 440 
 Quo WARRANTO, writ of, when and 
 
 how to be granted, 267 
 
 how to be proceeded with, 267 
 
 Railings, to be erected on roads and 
 
 bridges, 221 
 
 damages for defect of, 221 
 
 on turnpike roads, 428 
 
 Pains, how restrained, 370 
 
 Rape, how punished, 95 
 
 intent to commit, 95 
 
 Receipts and expenditures of Yale- 
 College, annual account of, 411 
 Receit-er of stolen goods, how pun- 
 ished, 103 
 Receivers of duties, not accounting, 
 
 incapable of holding their office, 130 
 Record of revised statutes, what shall 
 
 be, 442 
 
 RECORDS, removal of, by writ of error, 57 
 of execution, by whom made, 60 
 
 embezzling, or altering, how pun- 
 ished, 104 
 of justices of the peace, how pre- 
 served, 336 
 public, to be kept by secretary, 27. 364 
 proof of, 50 
 Register, or town-clerk, to record 
 
 votes of towns, 416 
 
 to record marriages, births and 
 
 deaths, 416 
 
 deeds of lands, 416 
 
 Relations of poor persons, when 
 
 bound to maintain them, 324 
 
 Religious worship, free to all persons, 20 
 
 duty and right of, 29 
 
 disturbance of, prohibited, 341 
 
 Religious societies, rights and powers 
 
 of, 388 
 
 how individuals are to become 
 
 members of, 388 
 
 meetings of, how warned, 389 
 
 to appoint officers, 399
 
 INDEX. 
 
 463 
 
 Religious societies, 
 
 taxes, how levied, 390 
 
 who may vote in, 391 
 
 how new societies may be formed, 392 
 Remanding of actions, when lobe di- 
 rected, 53 
 Removal of paupers, how to be or- 
 dered, 236 
 of inhabitants, 236 
 Repairs and improvements, on turn- 
 pike roads, 428 
 Reporter, of judicial decisions, 81 
 salary of, 343 
 REPLEVIN, form of writ and bond, 198 
 proceedings in. 337 
 when goods are attached, 338 
 when a stranger isa plaintiff to the 
 
 suit, 338 
 
 bonds for prosecution, what to be 
 
 given, 338 
 
 Representatives, house of, constituted, 23 
 officers of, 
 
 members of, how elected, 
 form of certificate of votes, 139 
 
 majority of, to be a quorum, 23 
 
 power of, 
 
 to keep a journal, 24 
 
 when yeas and nays of, to be taken, 24 
 in congress, how elected, 
 canvass of votes for, 
 vacancy, how filled, 138 
 
 notice to be given to the person 
 
 chosen, 139 
 
 to signify their acceptance or refu- 
 sal within twenty days, 139 
 Reprieve, when, and for what time, 
 
 may be granted by governor, 26 
 
 Rescue of cattle, driving to pound, 
 
 how punished, 
 
 Resistance of officers, how punished, 104 
 Rttailers of spiritous liquors, not to 
 
 sell without license, 
 how approved and licensed, 393 
 
 not to sell, to be drank in their 
 
 premises, 
 
 penalty for selling without license, 394 
 duty on license, 
 Reversal of judgments, how to proceed 
 
 in cases of, 
 
 Revised statutes, confirmed, 
 record of, 
 when to take effect, 
 
 Revocation of wills, how to be made, 146 
 Rights, declaration of, 20 > ] >? 
 
 RIOTS, how punished, 
 how suppressed, 
 proclamation to be made, 
 Rivers, not to be diverted, 
 
 ballast, not to be put in, 315 
 
 Robbery, assault, with intent to com- 
 mit, 
 
 crime of, 
 
 when there is personal abase, or 
 dangerous weapons, 
 
 172 
 253 
 
 81 
 84 
 
 340 
 340 
 341 
 
 342 
 
 342 
 
 Rocky-HUl ferry, fare of, 
 
 Rule in Shelley's case, abrogated, 
 
 Rules of practice to be established, by 
 
 supreme court, 
 of county courts, 
 SABBATH OR LOKD'S DAY, secular 
 
 business, prohibited on, 
 diversions prohibited, 
 service of civil process, void, 
 proprietors and drivers of stages, 
 
 not to carry passengers, 
 persons keeping ihe seventh day, 
 
 not liable for breach of, 
 officers empowered to arrest trans- 
 gressors, 341 
 Sales, at public auction, duties on, 63 
 of real estate of deceased persons, 
 
 to pay debts, 152. 158 
 
 of minor's lands, by guardians, 218 
 of land to pny taxes, 412 
 
 SALARIES of the officers of govern- 
 ment, 342, o 
 of private secretary to Gov. 
 when payable, 
 
 Salvage, of ship-wrecked property, 440 
 Saybrookftrry, regulated, 
 
 fare of, 
 
 Scantic ferry, fare of, 
 Scavengers, where, and how appoint- 
 ed, 36 
 Scire Facias, attachment on, 
 writ of, 
 when may issue, on further breach 
 
 of bonds, 
 
 in foreign attachment, 
 mode of trial, 
 
 before justices of the peace, 
 Scholars, enumeration of, 
 expense of instructing, 
 SCHOOLS, provision for the support 
 
 of, 352.362 
 
 visiters of, 
 
 children, not to be excluded from, 360 
 School districts, how formed, 
 committee of, how appointed, 354 
 powers of, 
 
 qualifications of voters, 
 committees of, to enumerate the 
 
 scholars, 
 
 form, of return of, 358 
 
 incorporated, dissolution, or altern- 
 ation of, 
 
 annexation of other districts, 
 School-fund, made permanent, and 
 
 appropriated, 
 regulation of, 
 commissioner of, how appointed, 
 
 and duty, 
 
 property of, to be registered, 
 interest' of, to be divided among ^ 
 the districts, 
 School-houses, building, and repairing 
 
 of 
 fix ing site of, 363,5- 
 
 169 
 172 
 173 
 
 42 
 
 r,2 
 
 187 
 187 
 188 
 358 
 359 
 
 30 
 361 
 
 361 
 361
 
 464 
 
 INDtX. 
 
 School-masters, examination, and ap- 
 probation of, 355 
 School societies, how constituted, ,352 
 may build school-houses, 352 
 may establish school districts, 353- 
 may appoint a committee, for each- 
 district, 354 
 qualification of voters, 356 
 to appoint school- visiters, 356 
 may establish schools of higher 
 
 order, 356 
 
 committee, to take care of funds 
 
 of society, 357 
 
 to provide burial grounds, 360 
 
 committee of, to give certificate, 359 
 form of, 359 
 
 meetings of, when and how warn- 
 ed, 352 
 Sealers of weights and measures, du- 
 ties of, 435 
 Seal of tlit state, to be kept by the 
 
 secretary, 27. 364 
 
 Sea/* of the several courts, SO 
 
 Starch-warrant, issuing of, 21 
 
 Secession from a society, or denomi- 
 nation of Christians, 39 
 SECRETARY OF STATE, election 
 
 of, 27. 132 
 
 oath of, 
 
 vacancy in office of, how filled, 133 
 jeneral powers and duties of, 27. 364, 5 
 to be keeper of the seal, 27. 364 
 
 to cause the public acts to be pub- 
 lished, and distributed, 312. 364 
 rule of distribution,- 365 
 to publish abstract from comp- 
 troller'* report, 365 
 to make return to adjutant-genera), 
 of general and field officers dis- 
 eharged or appointed, 308 
 votes, to be returned to, 23. 24. 137 
 to assist in canvassing votes, 23.25. 27. 
 
 [138 
 
 to distribute blank forms, for the re- 
 turn of votes, 135 
 tJ give notice to persons ehosen 
 
 senators in congress, 139 
 
 to attest commissions, 26 
 
 when to convene the senate, 27 
 
 may not be a member of the gen- 
 eral assembly, 32 
 authorized to give certified copies 
 of records, of supreme court of 
 errors, remaining in his office, 80 
 to certify revised statutes, 442 
 salary of, 343 
 fees of, 346 
 Secretary private, of the governor, 
 
 salary of, 343 
 
 Secretary 1 ! office, record of courts 
 
 martial, to be deposited in, 306 
 petitions and memorials to be re- 
 turned to, within what time, 331 
 SZCRET ASSAULT, provision for th 
 detection and punishment of, 363, 4 
 
 Seled-mtn, to be appointed by towns, 3* 
 
 [414 
 
 duty of, to settle accounts of towns, 415 
 warnings of town meetings to be 
 signed- by, 4H- 
 
 sh:'.lt cause town officers to take 
 
 the oath required by law, 414 
 
 to draw orders, for payment of 
 
 debts, 415 
 
 to report to town> account of ex- 
 penditures, 415 
 when may prosecute, for mainten- 
 ance of bastard children, 69 
 when may bind out children, 74. 271 
 to assess inhabitants, when towns 
 
 neglect, 41 
 
 to be overseers of the poor, and 
 
 their duty, 325 
 
 overseers, of work-houses, 486 
 
 when may remove foreigners to 
 
 towns, where they last resided, 327" 
 to exhibit accounts to comptroller, 
 
 for support of state paupers, 328 
 to decide on qualifications of elect- 
 ors, 29. 14 
 may remove encroachments 0n 
 
 high-ways, 314 
 
 may divide fence, between adjoin- 
 ing propristors, J6l 
 may direct how to make fences, 161 
 when they cannot be made in the 
 
 line, 161,2 
 
 may lay out highways, 223 
 
 may discontinue public or private 
 
 ways, 227 
 
 may appoint overseers of spend- 
 thrifts, 231 
 may remove inhabitant! of other 
 
 states. 236 
 
 may warn such persons to depart, 236,7 
 may, with eivil authority, &,c. 
 
 choose jurors, 46. 46 
 
 to erect post-guides, 332 
 
 penalty for neglect, 332 
 
 power of, to suppress riots, 33&- 
 
 to provide pounds, 332 
 
 penalty for neglect of, 333 
 
 may, with civil authority, consti- 
 tute board of health, 376 
 ehall erect sign-posts, 383, 4 
 to receive the value of lost goods, 
 when no owner appears, 396. 397 
 may bring suit against negligent 
 
 collector, 408 
 
 may abate taxes, 409 
 
 may appoint collectors of taxes, in 
 
 certain cases, 411 
 
 shall provide standard weights and 
 
 measures for their towtis, 435 
 
 to secure property wrecked, 439 
 
 Senate of the state, of whom to con- 
 sist, 23 
 when to be convened, to choose a 
 president pro tempere,
 
 JrtDEX. 
 
 465 
 
 wnators in congress, how appoint- 
 ed, 6. 137 
 vacancy of, how filled, 137 
 of this state, how chosen, 23. 132 
 compensation of, 
 
 Servants', how bound out, 270 
 
 refractory, how |Hinished, 271 
 
 abused by masters, relieved, 272 
 
 Service of writs, how to be made, 36 
 
 time of, in civil actions, 36 
 
 of summons, 
 
 of writs, on non-residents, 
 on communities, 75 
 
 Set-off, of mutual debts, when to be 
 
 made, 44 
 
 Settlement, of inhabitants in towns, 234 
 
 [to 237 
 
 of estates, 145 to 160 
 
 Sewers, commissioners of, when, and 
 
 how appointed, 3fi5 
 
 powers and duties of, 366 
 
 SEWING SILK, manufacture of, regu- 
 lated, 368 
 Shares, of incorporated companies, 
 
 how attached, 36 
 
 execution, how levied on, 60 
 
 to be considered personal estate, 67 
 
 hovv to be taxed, 403 
 
 SHEEP, owners of, how may keep 
 
 them in flocks, 369 
 
 when may be turned on high-way, 369 
 not to go at large, without a keep- 
 er, 369 
 to be marked, 
 
 rams, to be restrained, 369 
 
 proceedings, in case the owner is 
 
 unknown, 
 
 Shelley's case, rule in, abrogated, 
 SHERIFFS, how appointed, 
 term of office, 27 
 
 may not be a member of the as- 
 sembly, 
 
 keepers of the gaol, 205 
 
 may appoint under keepers, 205 
 
 must admit prisoners to the liber- 
 ties, 205 
 not to injure prisoners, 
 prohibited to purchase debts, 265 
 fees of, 346. 1 
 fees on execution, 
 fees in criminal cases, 
 to give bond, with surety, 370 
 powers of, 
 
 may raise the posst comitatus, 
 may call out the militia, 372 
 
 not to return, they cannot do exe- 
 cution, 
 
 duty of, in serving writs, 372 
 
 to pay two per cent, per month, 
 for neglecting to pay over mo- 
 ney collected, 372 
 how writs to be served on, 373 
 may appoint deputies, 373 
 perquisites, they may receive from 
 (heir deputies. 374 
 
 SHERIFFS, 
 
 may make, special deputations, 374 
 may not fill up any writ, 374 
 
 to endorse items of fees, 374, 6 
 
 to take but one security, for an ex- 
 ecution, 375 
 penalty, for taking unlawful fees, 375 
 may be removed, 375 
 Ship wrecked property, how secured 
 
 and disposed of, 439 
 
 Sickness, spreading of, how prevent- 
 ed, 3?e 
 Sign-posts, to be erected in school so- 
 cieties, 383 
 what notice, to be posted on, 384 
 when officers may sue, out of their 
 
 precincts, 384 
 
 Slaves, how emancipated, 38* 
 
 how supported, 
 
 not to be imported, 385 
 
 penalty for exportation of, 385, i 
 
 Slnre-lrade, prohibited, 386 
 
 Kmall-pox, spreading of, prevented, 282 
 SOCIETIE? RELIGIOUS, established, 38& 
 how persons may join, 388 
 
 meetings of, how to be holden, 38* 
 notice of, how given, 389 
 
 to appoint officers, 390 
 
 vacancies, how filled, 391 
 
 may tax the members of, 39* 
 
 appoint collectors, 390 
 
 distress against negligent collectors, 391 
 who may be voters in, 391 
 
 penalty for unlawfully voting in, 391 
 power to provide for public wor- 
 ship, 391 
 estates of, how managed, 391 
 when in different towns, how to 
 
 proceed, 
 
 new, how formed, 392 
 
 Societies, medical, established, and 
 
 regulated, 274 
 
 Sodomy, how punished, 10T 
 
 Speaker of the house of representa- 
 tives, how chosen, 
 Special bail, when to be given, 
 Special verdict, when to be given, 
 Specialties, limitation of action on, 268 
 Speech, liberty of, 20. 24 
 
 SPIRITOUS LIQ.UORS, selling of, regu- 
 lated, 392 
 retailers, not to sell without a li- 
 cense, 
 
 duty on license for selling, 394 
 
 penalty, for selling without li- 
 cense, 
 
 duty of state attornies, to prose- 
 cute, 394 
 not to sell, to be drank in his own 
 
 house, 
 act regarding, not to extend to 
 
 tavern keepers, 
 STAGE-DRIVERS, regulation of, 
 Standard, of weights and measures, 
 established,
 
 466 
 
 STATE PAUPERS, how to be support- 
 ed, 326. to 329 
 Statutes, public, how passed, 211 
 when to take effect, 212 
 printed, of other statues, legal evi- 
 dence here, 50 
 publication of, 212 81 364 
 revised, confirmed, 
 
 record of, 442 
 
 when to take effect, 442, 3 
 
 Staves and heading, inspection of, 246 
 
 Stealing from the person, 102 
 
 from the person, at a fire, 102 
 
 horse, 102 
 
 breaking, from a building, in the 
 
 day time, 102 
 
 simple theft, 103 
 
 STRAYS AND LOST GOODS, how to pro- 
 ceed with, 395 
 finder of, to inform the owner, 395 
 proceedings in, 396 
 owner of, to appear in six months, 
 
 to have restitution, 396 
 
 no owner of, appearing in twelve 
 
 months, to be disposed of, 396 
 
 Sturdy beggars, liable to be commit- 
 ted to the work-house, 438 
 Subornation of perjury, how punish- 
 ed, 103, 4 
 Suffrage, free, laws to be made in 
 
 support of, 29 
 
 Suffield and En field ferry, fare of, reg- 
 ulated, 
 
 Summons, form of, 197 
 
 Superior Court, how established, 
 jurisdiction of, 82 
 
 two judges necessary, to hold a 
 
 court in capital cases, F2 
 
 special, may be holden, 82 
 
 when no judge attends, how to 
 
 proceed, 
 
 equity, jurisdiction of, 82 
 
 may appoint clerk, in each coun- 
 ty, 83 
 assistant clerks, if necessary, 
 may order times of pleading, 83 
 may adjourn the session, 83 
 fees of, 343 
 Supreme Court of Errors, how consti- 
 tuted, 80 
 causes in, where to be tried, 80 
 clerks of, 80 
 jurisdiction of, 
 
 to assign their circuits, 81 
 
 to institute rules of practice, 81 
 
 if no judge attend, to be adjourned, 81 
 to assign reasons, publicly, 81 
 
 to appoint a reporter, 81 
 
 Sureties, of the peace, when may be 
 
 required, 91,2 
 
 Surety, on bonds, for prosecution, 35 
 suit against, 65 
 
 liability of, on bonds for prosecu- 
 tion. 66 
 
 Surety, 
 recognizance, with sufficient, to aj 
 
 pear before the county court, 91 
 Surveyor general, how appointed, 397 
 shall appoint deputies in each, 
 
 county, 397 
 
 powers of, and deputies, 398 
 
 compensation of, 398 
 
 to administer oath to cbainmen, 398 
 may pass on lands of others, and 
 
 not be guilty of trespass, 398 
 
 SURVEYORS, county, how appointed, 397 
 
 powers of, 397 
 
 compensation of, 397 
 
 of high-ways, how appointed, 227 
 
 duty of, 228 
 
 Surveyors and inspectors of provisions, 
 
 to be appointed, 241 
 
 bonds to be Inker*. 241 
 
 Survivor of actions, when, 42 
 
 Swearing, profane, how punished, 109 
 
 Swine, not to be suffered to go at 
 
 large, 335 
 
 fees, for poundage of, 336 
 
 not to go at large, without permis- 
 sion of towns, 336 
 Tanners of leather, regulations of, 261 
 TAVERNS, how licensed and regula- 
 ted, 398, 9 
 not to be kept without license, 400 
 Tavern-keepers, how appointed and 
 
 licensed, 398 
 
 how regulated, 399 
 
 may he admonished by select-men 
 
 and civil authority, 40(1 
 
 license of, may be revoked, 400 
 
 Tales-men, how returned, 47 
 
 TAXFS, form of warrant of, 19t 
 
 assessment of, how to be made, 401 
 
 what estate taxable, and set in the 
 
 list, 402 
 
 on polls, 404 
 
 exemption of polls, 404 
 
 bank stock, 403 
 
 manufactories, how assessed, 405 
 
 non-residents, how assessed, 405 
 
 estates of married women, bow tax- 
 able, 405 
 penalty of, for false lists, 405 
 board of equalization, 406 
 penalty of towns in not appointing 
 
 assessors, 406 
 
 compensation of assessors, 406 
 
 board of relief, appointment of, and 
 
 duty, 402 
 
 fisheries, how taxable, 404 
 
 collection of, 407 
 
 duty of treasurer, 407 
 
 of collectors, 407 
 
 duty, and liability of collectors, 407 
 how to proceed against select-men, 408 
 collectors of,how proceeded against, 
 for neglect, 408
 
 INDEX. 
 
 467 
 
 I AXES, 
 
 when rale-bill may be given up, 
 
 and new collector appointed, 409 
 abatemenl allowed to towns, 409 
 
 by whom made, 40i) 
 
 select-men may abate taxes of poor 
 
 persons, 409 
 
 persons committed for taxes, may 
 
 take the poor debtor's oatb, " 410 
 when estate of select-men may be 
 
 taken, 410 
 
 town and societies, how collected, 410 
 collectors neglecting, execution 
 
 may be granted. 410 
 
 when new collectors may be ap- 
 pointed, 411 
 power of collectors of, 411 
 their power in other towns, 411 
 how to proceed in collecting, 411 
 their fee?, 412 
 mode of selling land for, 412 
 a lien on lands, 412 
 compensation to collectors of slate, 413 
 collection of, on shares of stock, in 
 
 incorporated companies, 413 
 
 who shall have power to lay coun- 
 ty tax, 204 
 Tenants in common, when actions 
 
 will lie against, 34 
 
 how to make partition, 256 
 
 who shall make partition 256 
 
 Testaments, by whom, and how to 
 
 be made, 145 
 
 Testimony, petition for perpetuating, ( 48 
 TESTATE AND INTESTATE ESTATES, \ 143 
 settlement of, 145 to 159 
 
 Thames river, fishery in, regulated, 180 
 Thanksgiving days, secular business 
 
 on, prohibited, 341 
 
 Theatrical exhibitions, prohibited, 1 13 
 Theft, simple, how punished, 103 
 
 Timber, damages for cutting of, 422 
 
 floating dovvn Connecticut riv- 
 er, &.c. how to be taken care of, 425 
 Times and places of holding courts es- 
 tablished, 85, 87 
 Tything-men, duty of, 341 
 Tod, rates of, on turnpike roads es- 
 tablished. 430 
 TOWN-CLERKS, how chosen, 414 
 power and duty of, 416 
 to record marriages and deaths, 416 
 to record deeds of lands, 416 
 to keep the books of the town, 416 
 to return to the treasurer, name of 
 
 the state collector, 416 
 
 TOWNS, number of representatives 
 
 from, 22, 3 
 
 when may prosecute, for mainten- 
 ance of bastards, 69 
 to renew bounds once in three 
 
 years, 72 
 
 whan required to maintain ferries, 1 
 
 TOWNS, 
 
 may make by -laws regulating fish- 
 eries, 174 
 to appoint grand-jurors. 213 
 penalty for neglect, 214 
 to maintain bridges, 220 
 liable for deficiency, 220 
 may establish poor-houses, 326 
 to erect pounds, 332 
 may hold meetings, 414 
 may appoint officers, 414 
 may make regulations, 415 
 may make by-laws to restrain cat- 
 tle, 415 
 duty of, to lay taxes, 
 to defray expenses, 415 
 power of, to enforce the collection 
 
 of taxes, 410 
 
 to establish and regulate work- 
 houses, 436 
 two or more authorized to join in 
 
 maintaining work-houses, 438 
 
 Town-meetings, how to be warned 
 
 and holden, 414 
 
 who are legal voters in, 413 
 
 may be adjourned, 414 
 
 disturbance of, how punished, 278 
 
 questions decided by a major vote, 279 
 
 special, how called, 414 
 
 Treason, how punished, 95 
 
 misprison of, 95 
 
 Treasurer of the stale, how elected, 27, 
 
 (132 
 
 oath of, 317 
 
 salary of, 343 
 
 vacancy in office of, how filled, 138 
 to assist in canvassing votes, 23, 25, 
 (27, 138 
 
 may not be a member of assembly, 32 
 to give bond with surety, 418 
 
 duty of, 27, 419 
 
 accounts of, how settled, 419 
 
 to report statement of receipts and 
 expenditures to the general as- 
 sembly, 419 
 receivers of duties, to account 
 
 with, annually, 129 
 
 to make return to the general as- 
 sembly, of all writs and peti- 
 tions, on which a duty is certifi- 
 ed, 130 
 duty of, in relation to the school 
 
 fund, 362 
 
 duly of, in collection of taxes, 407 
 to prescribe forms for stating ac- 
 counts of turnpike companies, 428 
 to report statement of turnpike ac- 
 counts to general assembly, 428 
 to keep standard weights and mea- 
 sures, 434 
 to try weights and measures by 
 
 standard, 434 
 
 Treasurers of eonniief. doties of- 421 
 
 of towns. 422
 
 iiNDEX. 
 
 Treasurers, 
 
 of sclrool societies, 352 
 
 of school districts, 354 
 
 TREASURY DKFARTMKKT, estabii-hed 
 
 and regulated, 41710422 
 
 duty of comptroller, 417 
 
 duty of treasurer, 419 
 
 duty of auditors of public accounts, 419 
 duty of the clerks of tLc superior 
 
 and county courts, 419, 20 
 
 duty of state attornies, 420 
 
 duty of county treasurer, 421 
 
 duty of town treasurer, 422 
 
 Treble damages, in forcible entry and 
 
 detainer, 185 
 
 for injuring a prisoner, 206 
 
 on removing actions on plea of title, 55 
 
 for negligent driving of carriages, 
 
 for carrying away bay-berries, 423 
 
 for injury done to bridges, <i^c. 424 
 
 for vexatious law-suits, 433, 4 
 
 Treble value, when forfeited, 102. 202. 
 
 (234. 375 
 
 Trees and stones on Hartford and 
 New-Haven turnpike road, right 
 of vested in said company, 432 
 
 TRESPASSES, for cutting timber, 422 
 
 for carrying away bay-berries, 423 
 by throwing dowr. fences, 423 
 
 by setting fire, that runs on anoth- 
 er's land, 423 
 injury to bridges, 424 
 for defacing mile-stones and post- 
 guides, 424 
 when committed in the night, how 
 
 punished, 424 
 
 committed on lands, without colour 
 
 of right, 424 
 
 defendant, if unable to pay dama- 
 ges, how punished, 425 
 in taking lumber, floating down 
 Connecticut, and Ousatonic riv- 
 ers, 425, 6 
 before whom, may be tried, 426 
 committed in night season, how de- 
 tected and punished, 426, 7 
 trial, of issues in fact, to be by the 
 
 jury, 46 
 
 when by tlie court, 52 
 
 Trustee, when appointed by court of 
 
 probate, 147 
 
 Truth may be given in evidence, in 
 
 prosecution for libel, 20 
 
 TURNPIKE ROADS, commissioners on, 
 
 to be appointed annually, 427 
 
 powers and duties of commission- 
 ers, 427 
 accounts of, to be annually stated 
 
 and adjusted, 428 
 
 avoiding gates on, 429 
 
 bridges on, when to be bnilt by the 
 
 company, 430 
 
 rates of toll on, established, 430 
 
 persons exempt from toll on. 431 
 
 TURNPIKE KOAJJ?, 
 
 encroachments on, Uow removed, 481 
 Undivided and common lands, how 
 
 managed, 257. 8 
 
 Uniform ofmililia, how established, 308 
 United States, officers of, n*y not be 
 
 members of general assembly, 32 
 Unsealed weights, not to be used by 
 packers or inspectors of provi- 
 sions, 347 
 USURY, how restrained, 432 
 penalty for taking, 43o 
 parties, when examined on oath, 433 
 Vacancy in office, of sheriff, 28 
 treasurer, secretary aud comptroll- 
 er, 133 
 overseers of idiots and spendthrifts, 232 
 quarter-master general, commissary - 
 
 general, and piy-master general, 290 
 
 commissioner of the school-fund, 363 
 
 society officers, 391 
 
 town officers, 415 
 
 commissioners on turnpike roads, 427 
 
 fellows of Yale College, 440 
 
 Vaccination, general provisions for, 383 
 
 Vagabonds and vagrants, liable to be 
 
 committed to work-house, 438 
 
 Value, treble, when forfeited, 102. 202. 
 
 234. 376 
 
 Verdict, special, when to be given, 61 
 Vessels, destroying of, with intent to 
 
 defraud, how punished, 99 
 
 Vessels, wrecked, how secured, 43!> 
 
 Vested rights, saving of, in revised sta- 
 tutes, 442 
 VEXATIOUS SUITS, how prevented, 433,4 
 Visitors of schools, how appointed, 350 
 duty of, 35*3 
 Voir-dire oath, form of, 
 Voters, who may be, in town meeting, 413 
 in society meetings, 391 
 Warner's ferry, fare of, 171 
 Warrant, to search and seize, 
 return of for jury, 46 
 of execution, 
 
 for collecting taxes, form of, 199 
 
 to apprehend persons charged with 
 
 secret assault, 363 
 
 with offences punishable by com- 
 mitment to work-house, 438 
 Warranty, collateral, of land, when 
 
 void, 254 
 
 Water-courses in highways, how 
 
 opened, 
 turnpike companies may drain and 
 
 open, 
 
 Warehouse-point ferry, 173 
 
 WEIGHTS AND MEASURES, to be kept 
 by the state treasurer, as stand- 
 ards, 434 
 duty of treasurers, 434 
 to be kept by the several county 
 treasurers, 434 
 penalty for neglect. 434
 
 fNDEX. 
 
 469 
 
 WEIGHTS AND MEASURES, 
 
 their duty, 435 
 
 "to be kept by the select-men, 435 
 
 duly of sealers of, 435 
 
 penalty for using unsealed, 436 
 
 standard measure, for charcoal, 
 
 fruit, &c. 436 
 
 Whipping, when to be inflicted, 103. 237. 
 
 (310 
 
 Widow, dower of, 126,7 
 
 to keep estate in repair, 127 
 
 to give notice of her refusal to ac- 
 cept provisions in a will, 127 
 to be allowed necessaries, when 
 
 estate is insolvent, 158 
 
 Wilful desertion, cause of divorce, 124 
 Willimantic river, fishery in, regulated, 179 
 Wills, widow must give notice of re- 
 fusal to accept provisions in, 127 
 who may make, 145 
 
 must be in writing, 145 
 
 how witnessed, 145 
 
 devise, or legacy to a subscribing 
 
 witness, void, 145 
 
 birth of a child, revocation of, 146 
 
 , how revoked, 146 
 
 how proved, 146 
 
 executor must prove, or refuse 
 
 the trust, 146 
 
 Windsor ferry river, fishery in, 178 
 
 Wine measure, standard of, 434 
 
 Withdraw of action, when it may be 
 
 made, 40 
 
 Witnesses, in civil causes, how sum- 
 moned, and compelled to testify, 47 
 how compelled to give depositions, 48 
 
 348 
 
 Witnesses, 
 
 refusing to testify, may be compel- 
 led, 
 
 50 
 
 how compelled to attend before ar- 
 
 bitrators, 02 
 
 in criminal causes, how compelled 
 
 to appear and testify, ng 
 
 fees of, 3QQ 
 
 compensation to, living without the 
 . stat ?> , 118 
 
 m capital causes, number of, neces- 
 
 sar y> us 
 
 to wills, may make oath to them, 
 
 out of court, 146 
 
 WORKHOUSES, towns empowered to 
 
 establish and regulate, 435 
 
 duties of overseers of, 435 
 
 escape of prisoners from, 437 
 
 expense of supporting prisoners in, 437 
 
 YALE-COLLEGE, medical institution 
 
 of, 276 
 
 qualification of students of, 276 
 
 governor, lieutenant-governor, and 
 
 six senior senators, to be fellows 
 
 of, 
 vacancies in office of otherfellows, 
 
 how supplied, 
 
 , 
 quorum in meetings of corporation 
 
 of, 
 
 449 
 440 
 
 , 
 annual account of president and fel 
 
 lows of, 441 
 
 credit not to be given to the stu- 
 dents of, if minors, without con- 
 sent of guardian, 441 
 
 Yeas and nays, when to be entered 
 ou journal, 34. 26 
 
 61
 
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