106

Provifa.

No fuit al

lowed, &c.

Execution to

Judges and Juftices.

Creditors who have made out and evidenced their Claims according to the Directions of this Act, as aforefaid, in Proportion to the Sums to them respectively owing.

Provided always, That notwithstanding the Report of any fuch Commifioners, or allowances thereof made by the Court of Probate, it shall and may be lawful to, and for the Executors or Adminiftrators afarefaid, to contest the Proof of any Debt at the common Law.

And no Process in Law (except for Debts due to this State, and for Sicknefs, and funeral Charges) inall be admitted or allowed against the Executors or Adminiftrators of any inloivent Eftate, so long as the fame shall be depending as aforefaid.

And in cafe Judgment shall be rendered against any Executors or Adminif trators of any infolvent Eftate, Execution thereon fhall be stayed until fuch Efbeftayed, &c tate can be fettled according to this Act: And the judgment Creditor fhail take no more than his Proportion of the faid infolvent Eftate with the other Creditors; and in Cafe that be not paid on the Settlement of the Eftate, fuch Creditor fhewing the fame, and producing a Certificate of his Proportion, the Court shall order Execution on fuch Judgment for no more than the Proportion aforefaid.

Creditors not bingin

And whatsoever Creditor fhall not make out his or her Claims with fuch Commiffioners, before the full Expiration of the Time fet and limited for that their claims, Purpose, as aforefaid, fuch Creditor fhall forever after be debarred of his or her toboccharred Debt; unless he or she can fhew or find fome other or further Eftate of the deceased, not before discovered and put into the Inventory.

Unless, &c.

Judges of ourts to be

appointed,

An Act for conftituting Judges and Juftices of the Peace in this State, and for impowering and directing them in their refpective Offices.

E it enacted by the Governor, Council and Representatives, in General Court afmbled, and by the Authority of the jame, That the Judges of the Superior Court, and the Judges of the County Courts, and Courts of Probate which now are or hereafter thall be erected and conftituted in this State, being committion- first appointed by the General Affembly of this State, fhall be refpectively d and (worn fworn to a faithful Difcharge of their Office; and fhall alfo be commiffioned and authorized to the Execution of their respective Offices, by a Commiffion figned by the Governor of this State for the Time being, and fealed with the State Seal. And that the Juftices of the Peace in each County in this State, being firft appointed by the General Affembly, fhall alfo be commiffioned in the Manner aforefaid, to the Execution of fuch Office; and fhall be fworn to a faithful Difcharge of the fame.

Justices in like manner.

Their power and duty.

Gov. lieut. gov. and af

fants to execute the of.

fice of a juftipe, &c.

And that the faid Judges and Justices of Peace, appointed, commiffioned, and fworn, as aforefaid, fhall be, and they are fully authorised and impowered to exercife and execute the Office, Duty, and Truft to which they are or shall be appointed, commiffioned and fworn, as aforesaid, to every Purpose and Intent, according to the Nature, End and Defign of their respective Offices, according to the Laws of this State, for the common Good and Peace of the State, and the doing equal and fpeedy Juftice to the People therein: And all fuch Commiffions fhall remain in Force till called in, or fuperfeded by Act of the General Affembly,

And be it further enacted by the Authority aforesaid, That the Governor, Lieutenant-Governor, and every Affiftant in this State for the Time being, may, and hereby are fully authorized and impowered to exercise and execute the Office of a Juflice of the Peace, in and throughout this State.

And that every Justice of the Peace fhall have Authority to iflue Process, to be ferved in any Part of this State, to apprehend and bring before him, any A juftice to Person against whom Complaint is made for any criminal Offence, for which iffue process, he ought to be brought before fuch Juftice for Trial or Examination; and may in like Manner grant Summons or Capias for Witnesses in such Cafes.

And any Sheriff, Sheriff's Deputy, or Conftable, to whom fuch Process, Summon, or Lapias shall be directed by Name and Office, fhall and may ex

&C.

ecute the fame at any Place within this State, where the Perfon or Perfons a- Sheriffs and gainst whom the fame iffued, are not to be found within the official Precinct conftables of fuch Officer. And the Authority granting fuch Procefs, Summon or Capias, power extenif it be judged neceffary, may direct the fame to fome fuitable indifferent ded, &c. Perfon, who fhall have the fame Power to execute the fame, and command Affiftance, as Sheriffs and Constables by Law have to execute Warrants to them directed.

That when-ever the Judge of any County Court fhall be abfent out of this State, or be by Sickness, or otherwife unable to attend the Duty of faid Office, Judge of C. the fenior Jultice of the Quorum in fuch County, who fhall be prefent, and a court being ble to attedd the Bufinefs, thall be invefted with all the Powers and Authorities abfent, &c. of Judge of faid Court, to all Intents and Purpoles.

And for preventing all Occafions of partial and undue Proceedings in Courts, and avoiding Jealousies that may arife concerning Judges and Juftices:

It is further enacted by the Authority aforesaid, That in every Cafe of a Civil Nature, between Party and Party, where there fhall be fo near a Relation be- In what cafe tween any Judge or Juftice, and any of the Parties, as between Father and Son, a judge or jueither by Nature or Marriage, Brother and Brother in like Kind; Uncle and ftice may not Newphew; Landlord and Tenant; fuch Judge or Justice shall have no Pow- judge. er to vote, or give Sentence therein,

And be it further enacted by the Authority aforesaid, That any one Affiftant or Juftice of the Peace fhall have full Power, and they are hereby authorized

con

and impowered to take and accept a confeffion and Acknowledgement of any One affiftant Debt, from a Debtor to his Creditor; either upon, or without an antecedent or juftice may Procefs, as the Parties fhall agree; which Confeffion fhall be made only by the take a Perfon of the Debtor himself: And on fuch Confeffion fo made, the Affiftant or feffion, &c. Juftice fhall make a Record thereof, and thereon grant out Execution in due Form of Law. And if fuch Executions fhall be levied on the Lands of any fuch Perfon confeffing, as aforefaid, according to the Laws directing the levying and grant out Executions on Lands, the fame fhall be recorded in the Records of the Town execution, &c wherein the Land is fituate, and being fo done and recorded, fhall be a good Evidence of a Title to fuch Creditor or Creditors for whom it fhall be taken

as aforesaid, their Heirs and Affigns. Provided, No Confeffion shall be made

or taken in the Manner aforefaid, for more than the Value of Twenty Pounds, Provifo. Debt, and the Coft of taking fuch Confeffion, or which may have arisen on an antecedent Suit for fuch Debt, the fame being agreed to by Debtor and Creditor.

[This Paragraph next above recited, was made and paffed in the General Affembly held on the fecond Thuriday in May, Anno Domini, One thousand feven hundred and forty-two; with this Difference, ---That in the Place of the Words," recorded in the Records of the Town wherein the Land is fituate," was inferted thefe Words, "returned to, and recorded in the Office of the Clerk of the County Court, in the fame County where fuck Land lieth.]

108

Jury-men

how & when chofen.

Qualification of jurors.

Box to be provided.

Jurors.

An Act for providing and regulating of Jurors in Civil
Actions.

Baffembled, and by the auth, council and civil authority.

E it enacted by the Governor, Council and Representatives, in General Cours

Select-men, Constabies and Grand-jury-men in the feveral Towns hereafter in this Act named, fhall fometime in the Month of January, annually, meet together; and when fo met, fhall choose to ferve as Jury-men at the feveral Superior and County Courts, in that County to which fuch Towns refpectively belong, fuch a Number of their able, judicious Freeholders as is hereafter in this Act prefcribed: Each of which Freeholders fhall have a Freehold Estate, rated in the general Lift at Fifty Shillings or more.

And that in each of the faid Towns hereafter named, there fhall be a Box provided at the Coft of the Town, with a Lock to it, and lodged in the TownClerk's Hands; and when the Jury-men are chofen, as aforefaid, the TownClerk fhall write each Man's Name fo nominated, on a piece of Paper by itself; and put the feveral Names fo written, in the said Box, and keep the fame locked in his Hands, that the faid Names may be drawn as hereafter provided. Be it further enacted by the Authority aforefaid, That fome convenient Time before the fitting of the aforefaid Courts, the Clerk of the Superior, and of the Clerks to if- refpective County Courts in this State, fhall iffue out Warrants, directed to fue warrants either of the Conftables of the feveral Towns hereafter named; or to fome of to fummon them in the County in which the Court is to be held, to fummon and warn fa jury. many able, judicious and lawful Freeholders of their Town as the Warrant directs, to attend and ferve as Jurors at fuch Court.

And the Jurors for the Superior Court, fhall be fummoned to attend at two

Jury when of the Clock, on the first Day of the Seffions of fuch Court.

to attend.

Conftables

duty in draft

And the Jurors for the County Courts, fhall be fummoned to attend at eight of the Clock, on the third Day of the Seffions of faid Courts.

And when any Constable shall receive any fuch Warrant, to fummon any certain Number of Jury-men to attend and serve as fuch, at any of the faid Courts, he fhall repair to the Town-Clerk, and in his Prefence, (or in his Abfence, in the Prefence of one of the Select-men of fuch Town) draw out of the ing jury, &c. Box aforefaid, the Number his Warrant directs him to fummon, without feeing thofe whofe Names he draws before he draws them; and having so done, shall then proceed to fummon those Men for Jury-men whofe Names he has fo drawn.

Sick or abfent.

Jury warrant

to be timely returned.

Penalty on

But if any or all of the Men whofe Names are thus drawn, be at the Time either from Home or fick, or otherwife unavoidably hindred from attending fuch Court, his or their Name or Names fhall be returned into faid Box, and others in his or their Room, drawn and fummoned in Manner aforefaid.

And the Conftable fhall make timely Return of his Warrant, unto the Clerk that granted the fame, with an Indorsement thereon, certifying whom he has fummoned for the Purpose aforefaid; on Pain that every Conftable failing of his Duty therein, fhall forfeit and pay to the County Treasurer, for the Use of the County, a Fine not exceeding thirty Shillings, at the Difcretion of the Judges of the Court; unless fuch Conftable fhail seasonably make his Excuse to the Acceptance of said Court.

Be it further enacted by the Authority aforefaid, That if any Jury-man chojurors for not fen, drawn and fummoned as aforefaid, fhall make Default of Appearance acappearing. cording to the Directions of such Warrant, he fhall forfeit and pay to the Treafurer of the County wherein he dwells, the Sum of ten Shillings; unlets the Court on hearing his Excufes made on his Behalf, fhall judge them fufficient.

And the feveral Towns hereafter named, shall choose the Number of Jury- Towns to men to the Name of each Town annexed:

choose jurors.

For

Litchfield County.

Names of towns, and

the number

Litchfield, Iwelve.

Woodbury, Twelve.
New-Milford, Nine.
Kent, Eight.
Sharon, Eight.
Salisbury, Eight.
Canaan, Eight.
Cornwall, Eight.
Gothen, Eight.
Harwinton, Six.

New-Hartford, Six.

Torrington, Six.

Norfolk, Six.

Washington, Six.

Watertown, Six.

Winchester, Four.

Hartland, Four.

And each of the other Towns in this State fhall choose Six Jury-men.

of jurors in each.

And if any of the faid Towns fhall neglect or refuse to provide fuch Box, or Penalty on the Officers aforesaid shall neglect to choose fuch Jury-men as herein provided, each town for fuch Town fhall forfeit and pay to the Treasurer of the County to which it be- neglecting to longs, the Sum of Fifty Shillings; to be recovered on Information made by the State Attorney of that County, to the County Court; in which Trial no Appeal fhall be allowed.

choofe jury.

men.

number is infufficient.

And be it further enacted by the Authority aforefaid That if it shall so hap- Court to orpen that a fufficient Number of Jurors fummoned, as aforesaid, do not appear, der the jury or if by reason of Challenges, or for other Caufe, there fhall not be a fufficient filled up, Number of lawful Men to make up the Pannel or Pannels ordered by the Court when the to attend the fame, the Court fhall order the Jury or Juries to be made, or filled up, de talibus Circumftantibus; or for want of fuch, of any good and lawful Freeholders in the County; whofe Names fhall be returned by the Sheriff: And where the Sheriff is concerned, or related to either of the Parties in the Cafe, by the Conftable, or fuch Officer as the Court fhall appoint: Which Jurors being fo returned, shall attend the Service, on the Penalty above ordered, to be inflicted on those who make default of Appearance.

Aad be it further enacted, That every Conftable that fhall fummon fuch

110

Juftice, escaping from. Lands.

Fees for fum- Jurors as aforefaid, fhall be allowed there for (fave only for return of fuch Summoning jury. mons) the fame Fees for Travel and Serving, as are by Law allowed in Proceffes in Civil Caufes; to be paid out of the County Treafury of the respective Counties, where fuch Jurors are to attend the County Courts; and out of where paid. the State Treafury when fuch Jurors are fummoned to attend the Superior Court.

victed of crimes in

other states,

An Act for remanding Perfons who have committed Crimes in other States, and to efcape from Juftice fee into this State.

BE E it ended by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That if any Perfon or Perfons Perfons con- that have been convicted of any Crime in any other State, for which Facts corporal Punishment might be inflicted if committed in this State, and (before he or they have received condign Punishment) fhall efcape, and flee into not fuffered this State; or having committed any fuch Crime, and being purfued by order of Authority, to bring him or them to Juftice; fuch Offenders may be apprehended, by order of the Authority: And if on Examination before lawful Authority, and enquiry into the Matter, it fhall appear that fuch Perfon how proceed- or Perfons have been convicted, and have escaped; or are flying from Profecution as aforefaid; he or they may be remanded back, and delivered to the Authority, or Officers of the State from whence fuch Ecape is made; in order that due and condign Punishment may be inflicted on fuch Offenders.

to abide in this state.

ed with.

Penalty.

Provifa.

And in cafe no fuch Purfuit is made, any Afliftant or Juftice of the Peace, or the Select-men of the Town where fuch Perfon refides, may warn him to depart out of this State: And in case fuch Person shall continue in this State one Month after fuch Warning, he shall pay a fine of Five Pounds for the Ufe of this State; and Five Pounds per Month, for every Month that fuch Perfon frall continue in this State after the firft Conviction. Provided, that all Profecutions on this A&t, shall be within three Years next after fuch Perfon escaping, as aforefaid, came into this State.

An Act (or Acts) about the tenure of Lands.

́T is ordered and enacted, by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That whatsoever Lands have been, or fhall be granted by the General Affembly of this Colony, The tenure to the respective Townships, or to any particular Perfon or Perfons by the faid of our lands. Affembly, or by particular Towns, fhall be held to them, their Heirs, Succeffors and Affigns forever, according to the most free Tenure of Eaft-Greenwich, in the County of Kent, in the Realm of England, according to our Charter Grant.

[This A&t was passed in the General Affembly, October the tenth, One thoufand fix hundred and feventy-two.]

And be it further enacted by the Authority aforesaid, That all Grants of Land made to any particular Perfon or Perfons, not yet taken up and laid out, fhall Lands taken be taken up in one entire Piece, in a suitable Form, except by fpecial Liberty from this Court: And that all former Grants that are, or fhall be laid out by Order, shall be sufficiently bounded, and so maintained, to prevent all future Trouble.

up to be in fuitable

forms.

[This A was paffed at the Seffions of the General Affembly, May the eight, One thousand fix hundred and seventy three.]