An Act relating to Witneffes, and taking Affidavits out of Court. FOR ASMUCH as it is neceflary that Witnesses in Civil Causes be fworn out of Court, when by Reafon of their going to Sea, living more than twenty Miles Preamble. diflant from the Place where the Caufe is to be tried, Age, Sickness, or bodily Infirmity, they are rendered incapable of Travel, and of appearing at Court.

To the Intent thereof, that all Witneffes may impartially and indifferently testify their certain Knowledge, and the whole Truth in the Caufe they are to speak unto ;

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame; That for either of the Reasons Affidavits aforefaid, and not otherwife, every Affiftant or Juftice of the Peace may take when to be Affidavits out of Court; fo as a Notification, with reafonable Time, be firft taken out of made out and delivered to the adverfe Party (if within twenty Miles of the court. Place) or left at the Place of his Dwelling, or ufual Abode, to be prefent at the Time of taking fuch Affidavit, if he think fit.

And every fuch Witness hall be carefully examined, and cautioned to teftify

the whole Truth; and being worn, the Affiftant or Juftice thall atteft the fame, Witneffes to with the Day, Month, and Year of the taking thereof; and that the adverfe be cautioned. Party was prefent, (if fo) or that a Notification was fent him, and shall feal

up the Teftimony and deliver it to the Party, (if defired) at whofe Request it

was taken.

And no Perfon interested, fhall write or draw up the Teftimony of any Witness in fuch Caufe, nor any Attorney in his Client's Caufe: And if it Affidavits not manifeftly appear any Teftimony to be Written or drawn up by any intereft- to be drawn by persons ed, or the Attorney in the Caufe, or be returned from any Afiftant or Juftice interefted. of the Peace, by other Hand than his own, into the Court where the fame is to be used, unfealed; or the Seal having been broke up: All fuch Teftimonies thall be rejected by the Court, and be utterly void, and of none Effect in Law.

That every Affiftant and Justice of the Peace fhall be, and is hereby impow- Witneffes ered, upon Request to him made, to grant Summons for the Appearance of bound out of any Witness before him in any civil Caufe, where fuch Witness is bound to the fate, Sea, or travelling out of the State, before the Time of Trial; and to take his their depofiDepofition in fuch Caufe, the adverfe Party being prefent, or Notification taken, &c. fent him, as aforefaid.

Provided nevertheless, That Witneffes to Bonds, Specialties, Letters of Attorney, and other Instruments in Writing under the Hand of the Party executing the fame; or to Accounts or Teftimonies relating to Perfons out of this State, or to be sent beyond Sea, may be fworn without fuch Notification, as aforesaid.

tions to be

Provifo.

That if any Perfon or Perfons, upon whom any lawful Procefs or Summons fhall be ferved to teftify, depofe or give Evidence concerning any Caufe or Matter depending in any Court in this State, and having tendered to him or them fuch reasonable Sum or Sums of Money, for his or their Cofts and Charges, as having Refpect to the Diffance of the Places is neceffary to be al- Penalty. lowed, as the Law requires in that behalf, do not appear according to the Tenor of the Procefs or Summons, having no lawful or reasonable Lett or Impediment to the contrary; that then the Party fo making Default, shall for every fuch Offence, lofe and forfeit Thirty Shillings, and fhall yield fuch further Recompence to the Party aggrieved, according to the Lofs and Hindrance that he shall fuftain by Reafon of the Non-appearance of the faid Witness or Witnesses: The faid feveral Sums to be recovered by the Party so griev ed, against the Offender or Offenders, by Action, Bill, Piaint or Information in any Court of Record.

N n

264

No person to be put to

Wrecks of Sea.

Be it further enacted by the Authority aforesaid, That no Perfon for any Fact committed, fhail be put to Death but by the Teftimony of two or three death, except Witneffes, or that which is equivalent.

&c.

Witneffes to

That all Executors of Wills within this State, fhall have Liberty to have the Witneffes to fuch Wills, examined and fworn in the ufual Form, before wills may be the next Affiftant or Juffice of the Peace. Which Affiftant or Juftice fhall enfworn before ter the Oaths of the Witneffes on the Back-fide of the Will, and atteft the an affiftant or fame : And the Oaths of the Witneffes fo taken, fhall be accepted by the juftice of the Court of Probate, as if they had been taken before the faid Court.

peace, &c.

Veffels fhipwrecked to be relieved, &c.

Upon difco. very of a wreck on the

coaft, duty of the felect

men to take

effectual mea

fures for fav. ing; &c. Notice there

of to the

judge of the

An Act concerning Wrecks of Sea.

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

Bed, and by the Authority (the jame, That if any Ships or other

Veffels fhall fuffer Ship-wreck upon our Coafts, there fhall be no Violence or Wrong offered to their Perfons or Goods; but their Perfons fhall be harboured and relieved, and their Goods preferved in Safety, till Authority may be certified thereof, and shall take further Care, and give further Order therein.

That so often as any fhip-wrecked Property fhall be discovered on the Seacoaft of this State, it fhall be the Duty of the Select-men of the nearest Town thereto, and it fhall be lawful for any other Perfon to take the most effectual Measures for faving and fecuring the fame; and if need be, fuch Perfon or Perfons fhall apply to an Affiftant or Juftice of the Peace, who is hereby authorized to grant a Warrant, directed to a proper Officer, to imprefs and call forth requifite Affiftance for that Purpose: And that the Perfon or Perfons fecuring fuch Property, fhall immediately give Notice thereof to the Judge of the County Court in the County where the fame fhall be fecured; who shall direct the Sheriff of faid County to feize the faid Property, and the fame keep Sheriff to... and hold until it shall be released or difpofed of by Order of faid Court. That feize, &c. if any Owner of fuch Property, being a Perfon intitled by the Laws of the The property Land, or the Laws of Nations, to a Restoration thereof, fhall within a Year to be restored and a Day after fuch Seizure, appear and claim the fame, it shall be reftored if he appear to him, on his paying fuch reasonable Cofts and Salvage, for the Perfons to within a year whom due, as the faid Court fhall order and allow. And in Cafe no fuch and a day & Owner fhall within that Time appear, and claim faid Property and pay Coffs pay coft and and Salvage afcertained as aforefaid, the fame fhall be fold by order of faid falvage, if

county court, &c.

to the owner

no. the net avails to be lodged in the state treasury.

Provifo.

Provifo.

Court, and the avails thereof (first deducting reasonable Cofts and Salvage for the Perfons to whom due) shall be lodged in the Treasury of this State.

Always provided, That if the Property fo feized, be of a perishable Nature, the Court having the ordering of the fame, may, at their Difcretion, direct it to be fold within the Time limited as aforefaid, retaining the Avails thereof for the fame Purposes as the said Property was holden.

Provided also, That in every Cafe where no Owner fhall appear within one Month after fuch Seizure, to pay Salvage and Cofts, the Court having the ordering of fuch Property, may, at any Time afterwards, order fo much thereof to be fold as fhall be fufficient to pay the Salvage and Costs.

AND

Revifal of the Laws confirmed, &c.

An Act made and paffed by the General Affembly of the State of Connecticut, held at New-Haven by Adjournment, on the eighth Day of January, Anno Domini, One ThouJand feven Hundred and Eighty-four, for confirming the Laws of this State, as revifed and amended; and for repealing fuch as are not contained in the foregoing Code.

WHEREAS all the Statute Laws of this State have been lately revised and Preamble. digefted under proper Titles in alphabetical Order, with feveral Additions, Alterations, and Amendments, and the Whole carefully examined and confidered by this Affembly.

265

E it enacted by the Governor, Council and Representatives, in General Court Revifal com affembled, and by the Authority of the jame, That all the foregoing Acts firmed. be, and they are hereby enacted and confirmed as the Laws of this State.

And that all other Statute Laws of this State heretofore made and published, Regulating which are not contained in the foregoing Code, be, and they are hereby re- clause. pealed.

Provided nevertheless, That all Matters commenced by Virtue of any of the Laws hereby repealed, now depending or unfinished, may be profecuted and pursued to final Effect, in the fame Manner as they might have been if this Act had not been made.

Provifo.

Provided alfo, That fuch of the foregoing Laws as remain for Substance the fame as before the Revifal, fhall be confidered as having continued in Provifo. Force from the Time that they were firft enacted, any circumftantial Amendments or Alterations notwithstanding.

End of the Code of Laws, as revised A. D. 1784.

266

Judges of
Superior.
Court inca-
pable, &c.

To hold their

offices during pleasure.

Provifo.

ed.

fort in mat

Superior Court.

ACTS AND LAWS,

Made and paffed by the General Court or Affembly of the
Governor and Company of the State of Connecticut, in
America; holden at Hartford (in said State) on the fecond
Thursday of May, Anno Domini, 1784.

An Act for regulating the Appointment of the Superior
Court.

E it enacted by the Governor, Council and Reprefentatives, in General

hereafter be capable of holding the Office of Governor, Lieutenant-Governor, Affiftant, or Member of the House of Reprefentatives of this State, or of Delegate in the Congress of the United States, or either of them, and the Office of Judge of the Superior Court at the fame Time.

And be it further enaded by the Authority aforefaid, That the Judges of the Superior Court, shall hereafter hold their Offices during the Pleasure of the General Affembly.

Provided nevertheless, That nothing in this A& fhall be conftrued to prevent any Judge of the Superior Court appointed at this Affembly, from holding for the Term of one Year from the first Day of the Seffion of the prefent Affembly, any other Office which he now holds or to which he now lands elected.

And

Supreme Be it further enacted by the Authority aforejaid, That the Lieutenant-GoCour: of Er. vernor and Council of this State for the Time being, fhall be the Supreme ror conftitut- Court of Errors in this State, and fhall be the dernier refort of all Matters brought by way of Error, or Complaint from the Judgment or Decree of the Superior Court in Matters of Law or Equity, wherein the Rules of Law or the Principles of Equity appear from the Files, Records and Exhibits of faid Court, to have been erroneously or mistakenly adjudged and determined. faid Supreme Court are hereby impowered, authorised and enabled to take Cognizance of all fuch Caufes that shall be brought before them as aforesaid, and fhall be invefted with all the Powers, Authorities and Jurifdictions neceffary and requifite for carrying into complete Execution all their Judgments, Decrees and Determinations in the Matters aforefaid, according to the Laws, Cuftoms and Ufages of this State. And their Determinations and Decrees fhall be final and conclufive to all concerned.

ters of error equity, &c.

in law and

Their power.

When and

holden.

And be it further enacted by the Authority aforefaid. Thnt the faid upreme where to be Court of Errors, fhall be held annually at the Place where the General Alfembly shall be held, to meet on the Tuesday of the Week next before the flated Seffions of faid Affembly. And all Writs returned to faid Court fhall be ferved twelve Days before the Seffions of faid Court, and returned to the Clerk of faid Court before the Day of faid Seffions.

All writs to be returned

ayo be.

Superior Court. Wages. Judges impowered. Commerce.

267

And the Secretary of this State for the Time being fhall ex officio be the Sec'ry to be Clerk of faid Court. And faid Court fhall have Power to adjourn from Time Clerk of faid to Time, and to fuch Place as they fhall think neceffary and expedient.

Court.

Power to ad

And it is further provided, That the Lieutenant-Governor, or in his Ab- journ, &c. fence the fenior Councillor prefent fhall prefide, feven of whom fhall confti. Prefident. tute a Quorum.

An Act establishing the Wages of the Judges of the Superor
Court.

ges.

BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That there fhail be paid the Judges Wachief judge of the Superior Court, twenty-feven Shillings, and to each affiftant Judge twenty-four Shillings per Diem, as a Recompence for their Services while attending the Duties of their Office.

Judges to

Be it further enacted by the Authority aforesaid, That it fhall be the Duty give their of the Judges of the Superior Court in all Matters of Law by them decided opinion in on Writ of Error, Demurer, fpecial Verdict or Motion in arreft of Judgment, Writing. each one to give his Opinion feriatim, with the Reafons thereof, and the fame To be keept reduce to Writing and fubfcribe; to be kept on File; that the Cafe may be on File. For what fully reported, and if removed by Writ of Error, be carried up with greater purpose. advantage; and thereby a Foundation be laid for a more perfect and perma- Supreme nent System of common Law in this State. And it fhall be the Duty of the Court of ErSupreme Court of Error, to caufe the Reafons of their Judgments to be com- ror to reduce mitted to Writing and figned by one of the Judges, and to be lodged in the their reasons Office of the Clerk of the Superior Court.

An Act in addition to an Act, entitled an Act for conftituting Judges and Justices of the Peace in this State, and for empowering and directing them in their respective Offices.

to writing &c.

Bit E it enacted by the Governor, Council and Representatives in General Court Judges of the perior Court for the Time being refpectively, may and they are hereby fully Court, Juftiauthorised and impowered, to exercife and execute the Office of a Jultice of the out the State. Peace in and throughout this State.

An Act for encouraging and promoting the Commerce of this

State.

BE it enacted by the Governor, Council and Reprefentatives, in General Court

ces through

ports.

affembled and by the Authority of the fame, That the Cities and Ports of New London New-London and New-Haven, fhall be free Cities and Ports for the Term of and Newfeven Years from the firft Day of June, 1784; and all Foreigner, or Haven free Citizens of the United American States removing to either of faid Cities, and who obtain the major Vote of the Inhabitants, or the Confent of Rule for adthe Civil Authority and Select Men of the Towns of New-London or miffion of inof New-Haven, fhall have Right to continue in faid Towns, and shall habitants.