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An Act relating to Witnesses, and taking Affidavits out of Court.
FOR ASMUCH as it is necesary tbat Witnesses in Civil Causes be sworn out of Court, when by Reason of their going to Sea, living more than twenty Miles Preamble. dipart from ihe Place wbere the Cause is to be tried, Age, Sickness, or bodily Infirmity, tbey are rendered incapable of Travel, and of appearing at Court. To the Intent thereof, that all Witnesses may impartially and indifferently
testify their certain Kaowledge, and the whole Truth in the Cause they are
Affidavit. aforesaid, and not otherwise, every Adistant of Justice of the Peace may take when to be Affidavits out of Court; fo as a Notification, with reasonable Time, be first taken out of made out and delivered to the adverse Party (if within twenty Miles of the court. Place) or left at the Place of his Dwelling, or usual Abode, to be present at the Time of taking such Affidavit, if he think fit.
And every such Witness hall be carefully examined, and cautioned to testify the whole Truth; and being sworn, the Afiftant or Justice thall attest the same, Witnefles to with the Day, Month, and Year of the taking thereof; and that the adverse be cautioned. Party was present, (if fo) or that a Notification was sent him, and shall seal up the Testimony and deliver it to the Party, (if desired) at whole Request it was taken.
And no Person interested, shall write or draw up the Testimony of any Witness in fach Cause, nor any Attorney in his client's Cause : And if it Affidavits not manifefly appear any Testimony to be written or draws up by any intereft- to be drawn ed, or the Attorney in the Cause, or be returned from any Aliftant or Justice
interested. of the Peace, by other Hand than his own, into the Court where the same is to be used, unsealcd ; or the Seal having been broke up: All íuch Testimonies shall be reje&ted by the Court, and be utterly void, and of none Effect in Law.
That every Alifant and Justice of the Peace shall be, and is hereby impow. Witreffes ered, upon Request to him made, to grant Summons for the Appearance of bound out of any Witness before him in any civil Cause, where such Witness is bound to the state, Sea, or travelling out of the State, before the Time of Trial; and to take his their deposi. Depo in such cause, the adverse Party being present, or Notification
taken, &c. fent him, as aforefaid.
Provided nevertheless, That Witnesęs, to Bonds, Specialties, Letters of Attorney, and other Instruments in Writing under the Hand of the Party ex
Provilo. ecuting the same; or to Accounts or Testimonies relating to Persons out of this State, or to be sent beyond Sea, may be sworn without such Notification, as aforesaid.
That if any person or Persons, upon whom any lawful Process or Summons hall be served to testify, depose or give Evidence concerning any Cause or Matter depending in any Court in this state, and having tendered to him or them such reasonable Sum or Sums of Money, for his or their Cofts and Charges, as having Respect 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 Process or Summons, having no lawful or reasonable Lett or Impediment to the contrary'; that then the Party fo making Default, shall for every such Offence, lose and forfeit Thirty Sbillings, and shall yield such further Recompence to the Party aggrieved, according to the Loss and Hindrance that he shall sustain by Reason of the Non-appearance of the said Witness or Witnesses : The said several Sums to be recovered by the Party fo griev. ed, against the Offender or Offenders, by Adion, Bill, Piains or Informacion in any Court of Record.
tions to be
No person to Be it furtber enacted by the Authority aforesaid, That no Person for any be put to Fact committed, hail be put to Death but by the Testimony of two or three death, except Witnesses, or that which is equivalent. &c.
That all Executors of Wills within this State, shall have Liberty to have Witneffes to
the Witnesses to such Wills, examined and sworn in the usual Form, before wills may be the next Afliftant or Justice of the Peace. Which_Afiftant or Justice shall ersworn before ter the Oaths of the Witneffes on the Back-side of the Will, and atteft the an affiftant or fame : And the Oaths of the Witnesses so taken, mall be accepted by the justice of the Court of Probate, as if they had been taken before the said Court. peace, &c.
An Act concerning Wrecks of Sea.
E it enosted by the Governor, Council and Representatives, in General Court Vefsels hip afjemblid, and by the Authority of tbe jame, That if any Ships or other wrecked to Vessels shall suffer Ship-wreck upon our Coasts, there shall be no Violence or he relieved, Wrong offered to their persons or Goods,; but their persons shall be harbour&c. ed and relieved, and their Goods preserved in Safety, till Authority may be
certified thereof, and shall take further Care, and give further Order cherein. Upon disco. very of a wieck on the
That so often as any ship-wrecked Property shall be discovered on the Seacoatt, duty coast of this State, it shail be che Duty of the Select-men of the nearest Town of the select thereto, and it shall be lawful for any other Person to take the most effectual men to take Measures for saving and securing the fame ; and if need be, such Person or Sures for lav. Persons shall apply to an Allifant or Justice of the Peace, who is hereby ao. iny, &c. thorized to grant a Warrant, directed to a proper Officer, to impress and call Notice there forth requisite Afliftance for that Purpose : And that the Person or Persons leof to the curing such Property, shall immediately give Notice thereof to the Judge of judge of the the County Court in the County where the same hall be secured ; who shall county court, direct the Sheriff of said County to seize the said Property, and the same keep &c. Sheriff to
and hold until it shall be released or disposed of by Order of faid Court. That seize, &c. if any Owner of such Property, being a Person intitled by the Laws of the The property Land, or the Laws of Nations, to a Restoration thereof, shall within a Year to be restored and a Day after such Seizure, appear and claim the fame, it shall be reftored to the owner
to him, on his paying such reasonable Costs and Salvage, for the Perfons to within a year whom due, as the said Court shall order and allow. And in Case no fach and a day & Owner fall within that Time appear, and claim said Property and pay Costs Pay cost and and Salvage ascertained as aforesaid, the same Mall be fold by order of faid falvage,
Court, and the avails thereof (firft dedu&ieg realonable Colts and Salvage for avails to be the Persons to whom due) Thall be lodged in the Treasury of this state. lodgid in the Hate treasury.
Always provided, That if the Property fo seized, be of a perishable NaProviso. gure, the Court having the ordering of the fame, may, at their Discretion,
direct it to be sold within the Time limited as aforesaid, retaining the Avails thereof for the same Purpoles as the said Property was holden.
if he appear
no: the net
Provided also, That in every Case where no Owner shall appear within one Month after íuch Seizure, to pay Salvage and Costs, the Court having the ordering of such Property, may, at any Time afterwards, order so much thereof to be sold as shall be sufficient to pay the Salvage and Costs.
Revisal of the Laws confirmed, &c.
An Act made and passed by the General Assembly of the
State of Connecticut, held at New-Haven by Adjournment, on the eighth Day of January, Anno Domini, One Thoufand seven Hundred and Eighty-four, for confirining the Laws of this Stace, as revised and amended ; and for re
pealing such as are not contained in the foregoing Code. WHEREAS all the Statute Laws of this State have been lately revised and
Preamblea digefted under proper Titles in alphabetical Order, with several Additions, Alterations, and Amendments, and the Whole carefully examined and confidered by tbis Affembly.
in come assembled, and by the Authority of the fame, That all the foregoing A&s-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 prosecuted and pursued to final Effect, in the same Manner as they might have been if this Act had not been made.
Provided also, That such of the foregoing Laws as remain for Substance the same as before the Revisal, shall be con lidered as having continued in Provilo. Force from the Time that they were first enacted, any circumftantial Amendments or Alterations notwithstanding.
ACTS AND LAWS,
Made and passed by the General Court or Assembly of the
Governor and Company of the State of Connecticut, in
An Act for regulating the Appointment of the Superior
E it enacted by the Governor, Council and Reprefentatives, in General Court inca
Court afsembled, and by the Autbority of the jeme, Thac no Person thall pable, &c. hereatier be capable of holding the Office of Governor, Lieutenant-Goverbor,
Affitant, or Member of the House of Representatives of this State, or of Delegate in the Congress of the United States, or either of them, and che Office
of Judge of the Superior Court at the fame Time. To hold their
And be it further enaded by the Authority aforesaid, That the Judges of the offices during pleafure.
Superior Court, iball hercafter hold their offices during the Pleasure of the
Provided nevertheless, That nothing in this A& shall be construed to prevent any Judge of the Superior Court appointed at this Assembly, from bold. ing for the Term of one Year from the first Day of the Seffion of the present Affembly, any other Office which he now holds or to which he now tands elected.
Be it further enakled by the Authority aforesaid, That the Lientenagt-Go. Supreme Cours of Er. vernor and Council of this State for the time being, shall be the Supreme ror conftitut- Court of Errors in this State, and shall be the dernier resort of all Matters ed.
brought by way of Error, or Complaiot 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, fort in mat
to have been erroncously or mistakenly adjudged and determined. And ters of error in law and
said Supreme Court are hereby im powered, authorised and enabled to take equity, &c. Cognizance of all such Causes that ihall be brought before them as aforesaid,
and hall be invested with all the Powers, Authorities and Jurisdi&ions neTheir power. cessary and requisite for carrying into complete Execution all éheir Judgments,
Decrees and Determinations in the Matters aforesaid, according to the Laws,
shall be final and conclusive to all concerned. When and
And be it further ena&ed by the Autbority aforesaid. That the faid-apreme where to be Court of Errors, thall be held annually at the place where the General Alholden All writs to
sembly shall be held, to meet on the Tuesday of the Week next before the fate ed Sessions of faid Affembly. And all Writs returned to faid Court shall be served twelve Days before the Séllions of said Court, and returned to the Clerk of said Court before the Day of said Sefiiods,
Superior Court. Wages.
Judges impowered. Commerce.
And the Secretary of this state for the Time being hall ex officio be the Sec'ry to be Clerk of said Court. And said Court fhall have power to adjouro from Time Clerk of faid
Court. to Time, and to fucb Place as they shall think necessary and expedient, Power'to ad.
And it is further provided, That the Lieutenant-Governor, or in his Ab- journ, &c. fence the senior Counciilor present shall prefide, feven of whom shall confti. President. tute a Quorum.
An Act establishing the Wages of the Judges of the Superor
E it enafted by the Governor, Council and Representatives, in General Court
afjembled, and by the subority of the same. That there shall be paid the Judges Wachief judge of the Superior Court, twenty-seven Shillings, and to each affiliant ses. Judge twenty-four Shillings per Dien, as a Recompence for their Services while attending the Duties of their Office. Be it further inated by the Authority aforesaid, That it shall be the Duty, give their
Judges to of the Judges of the Superior Court in all Matters of Law by them decided
opinión in on Writ of Error, Demurer, special Verdict or Motion in arrest of Judgment; Writing. each one to give his Opinion feriatim, with the Reasons thereof, and the same To be keept rédace to Writing and subscribe ; to be kept on File ; that the Case may be on File, fulty reported, and if removed by Writ of Error, be carried up with greater
purpose. advantage ; and thereby a Foundation be laid for a nore perfect and perma- Supreme dent Syftem of common Law in this State. And it shall be the Duty of the Court of ErSupreme Court of Error, to cause the Reasons of their Judgments to be com- For to reduce mitted to Writing and signed by one of the Judges, and to be lodged in the their reasons Office of the Clerk of the Superior Court.
to writing &c.
An Act in addition to an Act, entitled an Act for constitut
ing Judges and Juítices of the Peace in this State, and for empowering and directing them in their respective Offices.
E it inaded by the Governor, Council and Representatives in General Court Judges of the perior Court for the Time being respectively, may and they are hereby fully ces through
Court, Justic aqthorised and impowered, to exercise and execute the Ofice of a Justice of the out the State. Peace in and throughout this State.
An A& for encouraging and promoting the Commerce of this
BE E it enated by the Governor, Council and Representatives, in General Court
assembled and by ibe Authority of the fame, That the Cities and Ports of New - London New-London and New-Haven, thall be free Cities and Ports for the Term of and Newfeven Years from the first Day of June, 1784 ; and all Foreigner, or Haven free
ports. Citizens of the United American States removing to either of faid Cities, and who obtain the major Vote of the Inhabitants, or the Consent of
Rule for ad the Civil Authority and Select:Men of the Towns of New-London or misfion of ima of New-Haven, shall have Right to continue in Said Towas, and fall habitants.