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they are hereby impowered to iffue forth a Writ or Writs for the bringing beMore him or them any suspected Person or Persons, and examine him or them concerning fuch Disorders and Damages.

And it such fofpected Person or Persons, upon fuch Examination. cannot give a satisfactory Account to the Authority óefore whom such Examination is Lad, where he or they were when such Disorders and Damages complained of were committed or done, and that he or they had no Hand in doing the fame,

unless, ac he or they shall be liable to pay and answer all such Damages as the Person or Perfonis complaining hall have fiaftained or suffered as aforesaid, and also such Fine or Punishment as the Court, Atliftaat or · Justice, before whom the Trial is had shall fee Cause to order ; not exceeding the Sum of Five Parad's,

perfons fable

An Act for preventing, punishing and removing Nulances

in High-ways, Rivers and Water-courses. B E it railed by the Governor, Council, and Representatives, in General Court

Persons guit. elsembled, and by the Authority of the same, that if any Person or Persons

ty of a rewhatioever, shall block up or lay, or cause to be laid in any High-way, any ránce to pay Stones

, Tree or Trees, or Timber, or shall by Digging or any Means obstruct, &o. hinde: or indanger the Passage of Travellers in such ways; being thereof duly And also fub. convicted, shall pay the Charge of repairing, clearing or filling up the fame, jest to 2066 and also incur the Penalty of T wenry Shillings; one Half to the Treafury of be recovered, that Town, aod the other Half to the Intormer who thall prosecute the fame to &c. Effect, together with the Charges of Prosecution.

And be it further enacted by the Auebority aforesaid, That if any person or Nulances in Persons ihall ere&t or set op any Gates, Bars, Rails or Fence upon, or across any highways High-way, Country Road, or Street, or continue any fach, to the Annoyance may be re

moved, &c. and Incumbrance of the fame, it shall be deemed a Common-Nurance ; and it fhall and may be lawful for any person or Persons to pull down and remove the Same as such.

Provided, This A& shall not be construed to the Prejudice of such as have obtained Liberty or shall obtain Liberty from the County Court to let up Gates Proviso. or Bars in High-waya.

And whereas the damming of Rivers and Brooks, and turning of Waur-Courles out of their natural and original Courles, is often prejudical to many Towns, Proprierors and particular Persons :

For preventing of which ; Be ir further enaited by the Autbority aforesaid, "That no Person within this State, Thall stop, dam or obfruct any River, Brook, Stream or Run of Water, out of its natural Course, without Liberty of the Town in whose Bounds the Naulances in said Streams or any of them are. And if any person or Perfons shall dam, stop rivers, &c. or obtruct any River, Brook, Stream or Run of Water, or shall by damming, digging or the like, turn them out of their natural Course, to the Prejudice of any Towo, Proprietors or any particular Person or Persons, the same fhall be deemed a common Nufance, and may be removed as fach: And the Person or this Perfons doing or procuring such Nulance to be done, fhall remove the same, upon Penalty of forfeiting the sum of Five Shillings per week for every Week fuch Nulance halt remain after due Warning given to such person to remove she same ; onc Half whereof thall be to the Complainer and Prosecutor, and the other Half to the Treasurer of the Town where the Offence ihall be com

mitted.

Provided nevertbeless, that this AG, nor any Thing herein contained, shall
be understood or intended to hinder any Dam for any Mill, or for other Use, Proviso.
in case no special Damage accrues thereby to any Person.

&c.

of ,

Forms of b allembled, and by the Authority of the jame, That the leveral forms of

182

Oaths. Provided also, That if any person or Persons shall remove, or break, or is. Provilo. jure any Mill. Dam, as a public Nufance, and it should ultimately upon Trial

at Law turn out not to be luch, the Person or Persons fo offeeding Mall, opon Conviction, pay to the Party aggrieved, double Damages and double Coits.

And it is further Enacted, That if any Person or persons who shall pall Plead the

general issue,

down, remove or demolish any of the Nusances aforesaid, shall be fued these-
for, he or they may plead the general Issue, and give this Act in Evidence.
An AA for prescribing and establishing Forms of Oaths in this

State. E it. Enafted by ibe Governor, Council and Representatives, in General Court caths.

Oaths here following, be, and they are hereby established, to be taken by, and
administred unto the several and respective Officers and Persons for whom they
are appointed, as followeth.

Oath of Fidelity.
OU
Onth of fide.

be true and faithful to the State of Connecticut, as a free and indepenlity.

dent State, and in all Things do your Ducy as a good and faithful Sabjed of the said State, in supporting the Rights, Liberties and Privileges of the same.

So belp you GOD. for the Freemen, viz. YOU,

A. B. being by the Providence of God, an Inhabitant of this State Freemthe

Name of the Everliving GOD, that you will be true and faithful to said State,
and the Conftitution and Government thereof, as a free and independent State,
and whenfoever you lhall be called to give your Vote or Suffrage touching any
Matter which concerns this State, you shall give it as in your Concience you
fhall judge will conduce to the bes Good of the fame, without respect of Per.
fons or favour of any Man.

So help you GOD.
For the Governor, viz.
OU now chosen to be Governor over this State of Connecticut, for

this Year ensuing, and until a new be chosen and sworn, Do swear by

the Everliving God, to promote the public Good and Peace of the fame, acGovernor. cording to the best of your Skill; and that you will maintain the lawfo! Rights

and Privileges thereof as a sovereign, free, and independent State ; as alío, that all wholesome Laws and Orders that are or shall be made by lawful Autho rity here established, be duly executed ; and will further the Execution of Jula tice, for the Time aforesaid, according to the Rules of God's, Word, and the Laws of this State.

So belp you GOD. For the Lieutenant Governor, viz. YOUM. 6. now choleg to be Lieutenant-Governor over this state of Lt. Governor

Connecticut, for this Year ensuing, and uncil a new be chosen and {wora,
Do swear, &c. ---as in the Oath for the Governor, mutatis mutandis.

For the Afifakts, viz.
TOU 7. H. being chosen an Afiftant over this State for the Year ensuing,

Do swear by the Everliving God, to promote the public Good and Peace

of the same, according to the best of your skill, and that you will maintain Alifants.

the lawful Privileges thereof, according to your Understanding, and also afsit in the Execution of all such wholesome Laws and Orders as are or shall be made by lawful Authority here established ; and will further the Execution of Justice for the Time aforesaid, according to the righteous Rades of God's Word and the Laws of this State.

So belp you GOD.

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Treasurer of

For the Judges of the Superior, and County Courts, mutatis mutandis, viz.
OU

being appointed Judges of the Superior Court ovet this
State, for the Year ensuing, Do Twear by the Name of the Everliving

GOD, that as judges of the said Court, you will faithfully and impar. tially administer Juftice according to Law, take no Bribe, give no council in Judges of fu any Matter that shall come before you, nor deny Right to any ; but well and Polior not truly perform your Office of Judges, as aforesaid, according to your beit skill coung courts and Judgment.

So help you GOD..
For Justices of the Peace, viz.
OU
Y

fwear by the Name of the Everliving GOD, that as Jutlice
of the Peace in the County of H. according to the Commillion given you,

you will administer Justice equally and impartially in all Cases, and do equal Right to the Poor and to the Rich, after your best skill and Power and

Juhices. according to Law : And you shall not be of Couniel in any Quarrel that thall. come before you, nor let for Gift or other Caufe ; but well and truly do your Office of justice of the Peace, taking only your lawful Fees. And you shall. not direct or cause to be directed, any Warrani by you made, to the Parties, but you shall direct your Warrant to the Sheriff, his Deputy or Contable, or aher Officer proper for the Execution of the same, in the County, or

to come indifferent Person ; and this you fall do without fovour or relpeet of Perlins.

So belp you GOD.
For the State Treasurer, viz,
YOU.7. 2. being chosen Treasurer for this State of Contraticut, for the

Year ensuing and until a new be chosen, Do fwear, that you will, according to the best of your Skill, attend the Place and Office of a Treasurer for this. State, in sending out your Warrants for collecting all such Sums of Moi ey as the statc. are due to this State, by Fines, Rates or otherwise ; and that you will pay out of the same in such Sums and in such Manner as you shall be appointed to bý the Court, as you shall have it in the common Treasury : And that you will, according to Law, see the Constables make up their accompts with you, or fine them according to Law for their Neglect: And that you will render a true Account of all Things concerning your Office when you are called thereanto by the General Court.

So help you GOD.
For the Secretary, viz.
OU G. W. being chosen Secretary of this State of Connežlicut, for the

Year ensuing, and until a' new be chosen, do swear, that you will keep the Secrets of the Court, and carefully execute the Place and Office of a S:cretary Secretary, according to the best of your Skill ; and truly and faithfully record all Acts and Orders of the Court, and deliver true Copies and, Certificates when they shall be necessarily required of you.

So help you GOD.
For the Sheriffs, viz.
OU

E. W. being appointed Sheriff for the County of H. do fwear that

you will with all Faithfulness and Diligence serve all such Writs and Alo tachments as thall be directed to you, and conie to your Hand) by lawful Authority, and return them to the Court where they are returnable ; and also that you will serve all such Executions, granted by the Secretary, Treasu'er.

Sheriffs, other Clerk authorized thereunto, delivered into your Hands, and collect or lévy the Goods you are directed to, according to the said Execations, whether it be for the public Treatury or particular Perlons; and that you will with covenient Speed, deliver such Goods as you shall levy as aforesaid, into the Hands of the Treasurer or other particular Person or Perions to whom they do belong; and that you will do and execute all such lau tul Commands, Directions, and Warrants as you shall receive from the Governor, or any Magistrate, Mac? giftrates, or Justice of the Peace, Court or Courts, accorving to your Ottice; and

or

Cc

sors.

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Representa. Y deliver your Vote or Sentence againft any Criminal Offence, or between

184

Oaths. thus during the whole Time you shall continue in your Office, you will demean yourlelf without Respe&t of Persons, or Favor of any Man; But in case you meet with any Difficulty, which you cannot resolve, you may fuspend until you can have Advice therein from Authority.

So belp you GOD For the Deputies or Representatives, viz.

OU eves.

Parties in any Civil Cafe, you will deal uprightly and juftly, according to your beft Judgment without respect of Persons; and that you will according to your Skill and Ability aslift in all other public Affairs of this Court faithtully and truly, according to the Duty of your Place, when you shall be present to attend the same.

So bely you GOD. For the Grand-Jurors, viz TOU do swçar by the Name of the Everliving God, that you will diligently Grand-Ju

enquire after, and true Presentment make of all Breaches of Law that fhall

come to your knowledge, according to your Charge. (unless some religi. ous Tye of Conscience surely bottomed upon the Word of God, bind you to secrecy) the secrets of the Cause, your own and your Fellows you will duly ob. serve and keep: You will present no Man for Envy, Hatred or Malice, neithet will you leave any Man un presented for Love, Fear, or Affection, or in hope of Reward; but you will prefent Things truly as they come to your Knowledge, cording to the best of your Underftanding, and according to the Laws of this State.

So belp you GOD. For the Petit-Jurors, viz. OU swear by the Everliviog God, that without respect of Persons, or fa. Petit-Jurors. between the State of Connecticut, and the Prisoner at the Bar, whom you thail have in Charge, according to your Evidence, and the Laws of this state.

For ibe Jurors in Civil Cajes, tiz. So belp you GOD. OU

now in Charge, between the Plaintiff and Defendant, or Plaintiffs or DefenJurors in ci.

dants, according to the Evidence given you in Court, and the Laws of this val cales.

Şcate ; and accordingly a true Verdiêt give : Your own Counsel and your Fel.
lows you shall duly observe and keep : You shall speak nothing to any one of
the Business and Matters you have in Hand, buc among yourselves, nor thall
you suffer any to speak unto you about the same, but in Court: And when you
are agreed of any Verdiá, you shall keep it fecret till you deliver it up in Court.

So belp you GOD.
For the Jury of Inqueft, viz.
OU fwear that you will diligently enquire, and troe Presentment make,

how and in what Manner X. B. (here lying dead) came to his Death Jury of in.

and queft.

you Thall deliver up to the next Alifant or Justice of the Peace a true Vera dict thereof, according to such Evidence as fall be given you, and according to your Knowledge.

So help you God.
For Witnefes, viz.
YOU

OU swear that the Evidence you thall give to this Court concerning the Witnesses.

Case now in Question, Mall be the Truth, the whole Truth, and nothing but the Truth.

So belp you GOD. For Conftables, viz. Y OU A. B. swear by the Everliving God, that for the Year ensuing, and Constables.

until new be chosen and 'worn, you will faithfully execute the Place and Office of Constable, for and within the Town of H. and the Limits thereof; and that you will endeavour to preserve the public Peace of the said Place and this State ; and will do your bef Endeavours to see all Watches and Wards ex. ecuted and duly attended; and obey and execute all lawful Commands and

Y

185

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Oaths.
Warrants that come from any Magiftrate or Magiftrates, Juftice of the Peace,
or Court; and execute all such Orders of Court as shall be committed to your
Care according to your best Skill.

So belp you GOD.
For Deputy-Sberifs, viz.
You

OU A. B. being appointed a Deputy-Sheriff within the County of H.

do swear, that you will truly and faithfully discharge the Duties of faid Office, during the Time you shall continue therein; and that you will not Deputy. Theo write or fill up any Writ or Writs against any Person or Persons whatsoever, riffs. EXC-pt you are a Party in the Action, nor cause the same to be wrote or filled up, or direct any person therein..

So belp you GOD, For the Clerks of the Superior and County Courts, mutatis, mutandis, viz.

OU 4. B. being appointed to be Clerk of the Superior Court, do swear Place and Office of such a Clerk: That you will truly enter and record all Ac. Clerks fupetions, Verdicts, Sentences, Orders and Determinations of the said Court, and

ty courts. deliver true Copies when they hall be required of you, taking no more than your lawful Fees therefor: And that you will perform and execute your Office, and Duty therein according to the belt of your Skill, and the Laws of this State.

So belp you God.
For the Clerks of the Courts of Probate, viz.
yo
TOU 4. B. being appointed to be Clerk of the Court of Probates in the

District of H. do swear that you will carefully, faithfully, and diligently Clerks proattend and execute the Place and Office of such a Clerk ; and that you will truly record all Wills and Inventories as thall be exhibited into faid Court, and by iaid Court be ordered to be recorded', as also all Orders, Sentences and De.' terminations of said Court ; and deliver crue Copies when they shall be requir-'} ed of you, taking only, your lawful Fees therefor; and that you will perform and execuce your Office, and Duty therein, according to the best of your Skill, and the Laws of'chis State.

So belp you God.
For Town Clerks, viz.
YOU A. B. being chosen and appointed to be Town Clerk or Register of

the Town of H. do swear thaç you will truly and faithfully attend and execure the Place and Office of a Town Clerk for the said Town of H. according Clerks town. to your best Skill; and make true Entries of all such Grants, Deeds of Sale, or of Gift, Town Votes, Mortgages and Alienations or Dispofitions of Land as shall be compleated according to Law; and of all Births, Deaths and Marriages, and of all other Writings and Agreements as shall be brought to you to record ; and you will deliver true Copies of the Records in your Hands when they fhall be required of you, taking only your lawful Fees.' So-belp you GOD.

For Packers, viz.

to , other Goods for the Town of H. do swear, that you will well and truly pack

Packers.
all-Beef, Pork and other Goods and Commodities when you shall be thereto re
quired; that you will pack no kind of Goods of Provifions but fuch as are good,
Sound, fortable and merchantable, nor'in'any Cal that is inbt-full Gage; and
that you will let your own parçicular Mark upon all Cask packed by you; and
all Things proper to your place and Office of Packer you ihall faithfully per-
form and discharge according to your best skill, Judgment and Conscience.

So help yox GOD.
Pence
Lifters, Tyıbing-met, Surveyors of Highways. Surveyors and

Packers of Tobarco, Haywards, Town-Treafurers; Sociery-Treasurers, Scavengers Commifi.

eners of Sewers, Clerks of the Owners of Sbeep; &c mutacis mutandis. YON

OU swear that you will diligently and faithfully perform," discharge, and' Pence vienas

execute the Office of within the Limits whereto you are apo ers, &c.

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