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An Act relating to Witnesses, and taking Affidavits out of Court.

- FORASMUCH as it is necesary tbat Witnesses in Civil Causes be s worn out of Court, when by Reason of their going to Sea, living more than twenty Miles Preamble. dipart from ibe Place wbere the Cause is to be tried, Age, Sickness, or bodily Infirmiiy, ibey 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

to speak 'unto ; D E it enacted by the Governor, Council and Representatives, in General Court

allembled, and by the Authority of the same; That for either of the Reasons Advies aforesaid, and not otherwise, every Alifant or Justice of the Peace may take when to be Afidavits 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 inall be carefully examined, and cautioned to testify the whole Truth ; and being iworn, the Afliftant or Juftice thall attest the same, w with the Day, Month, and Year of the taking thereof; and that the adverse be caution Party was present, (if fo) or that a Notification was feni him, and shall seal up the Testimony and deliver it to the Party, (if desired) at whose Request it was taken

And no Person interefted, shall write or draw up the Testimony of any Witness in such Caule, nor any Attorney in his Client's Cause : And if it Affidavits not manifeftly appear any Testimony to be Written or drawn up by any interest to be crawn

hy persons ed, or the Attorney in the Cause, or be returned from any Afiftant or Justice in of the Peace, by other Hand than his own, into the Court where the same is to be used, onsealad ; or the Seal having been broke up : All such Testimonies shall be rejected by the Court, and be utterly void, and of none Effect 2... in Law.

That every Alftant and justice of the Peace Inall be, and is hereby impow. Witpeftes 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 ftate, Sea, or travelling out of the State, before the Time of Trial; and to take his their depofi.

stions to be Deposition in such cause, the adverse Party being present, or Notification taken, &c. fent him, as aforelaid... - Provided nevertheless, That Witnesses to Bonds, Specialties, Letters of Attorney, and other Instruments in Writing under the Hand of the Party executing the same; or to Accounts or Testimonies relating to Persons out of 'to this Stase, 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 shall 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 Costs and Charges, as having Respect to the Distance of the Places is necessary 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 so making Default, shall for every such Offence, lose and forfeit Thirty Shillings, and shall yield such fur. ther Recompence to the Party aggrieved, according to the Loss and Hindrance that he shall sustain by Reason of the Non-appearance of the said Wit. nessor Witnesses : The said several Sums to be recovered by the Party so griev. ed, against the Offender or Offenders, by Adion, Bill, Paint or Information in any Court of Record.

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No person to Be it furtber enated by the Authority aforesaid, That no Person for any be put to Fact committed, shall 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 Witnesses to

the Witnesses to such Wills, examined and sworn in the usual Forn, before

the wills may be the next Afiftant or Juflice of the Peacę. Which_Afiftant or justice shall essworn before ter the Oaths of the Witnesses 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.

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An Act concerning Wrecks of Sea. D E it enacted by the Governor, Council and Representatives, in General Court Vefsels Tip. D afsembled, and by the Authority of the fame, 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** :ed and relieved, and their Goods preserved in Safety, till Authority may be

ind certified thereof, and shall take further Care, and give further Order cherein. Upon difco. very of a wieck on the

the That so often as any ship-wrecked Property fhall be discovered on the Seaceast, duty coast of this State, it shall be the 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 same ; and if need be, fuch Perfon or fures for say.

Persons shall apply to an Asliftant or Justice of the Peace, who is hereby aj. is &c. thorized to grant a Warrant, directed to a proper Officer, to impress and call Notice there forth requisite Alistance for that Purpose : And that the Person or Persons feof 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 shall be secured ; who shall

putty direct the Sheriff of said County to seize the said Property, and the fame keep Sheriff to and hold until it shall be released or disposed of by Order of said Court. That seize, &c." if any Owner of such Property, being a Person intitied by the Laws of the The property Land, or the Laws of Nations, to a Restoration thereof, ihall within a Year

and a Day after such Seizure, appear and claim the same, it ihall be restored to the owner a if he appear to him, on his paying such reasonable Costs and Salvage, for the Persons to within a year whom due, as the raid Court shall order and allow. And in Case no fach and a day & Owner shall within that Time appear, and claim said Property and pay Cofts pay cost and and Salvage ascertained as aforesaid, the same shall be fold by order of faid salvage, if

Court, and the avails thereof (first deductieg realonable Corts and Salvage for noi the net avails to be the persons to whom due) shall be lodged in the Treasury of this State. lodged in the

featury. Always provided, That if the Property fo seized, be of a perishable Na. Proviso.

cure, 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.

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Provided also, That in every Case where no Owner shall appear within one Month after iuch Seizure, to pay Salvage and Costs, the Court having the ordering of such Property, may, at any Time afterwards, order so much there. of to be sold as Mall be fufficient to pay the Salvage and Costs.

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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. W HEREAS all she Statute Laws of this State have been lately revised and preamble

digested under proper Titles in alphabetical Order, with several Additions, Alterations, and Amendments, and the Whole carefully examined and confidered by ibis Afjembly. REit enasted by the Governor, Council and Representatives, in General Court Revisal come

afjembled, and by the Authority of the fame, 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 provide the Laws hereby repealed, now depending or unfinithed, may be prosecuted and pursued to final Effect, in the same Manner as they might have been if this A& bad not been made.

Provided also, That such of the foregoing Laws as remain for Substance the same as before the Revisal, shall be considered as having continued in Provilo. Force from the Time that they were first enacted, any circumstantial Amendments or Alterations notwithstanding.

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

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266

Superior Court.

ACTS AND LAWS,

Made and passed 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 lecond
Thursday of May, Anno Domini, 1784.

An Act for regulating the Appointment of the Superior

Court.

Judges of Superior Court incapable, &c.

DE it enacted by the Governor, Council and Representatives, in General

D Court allembled, and by the Authority of the jeme, Thar no Perion thall hereafter be capable of holding the Office of Governor, Lieutenant-Governor, Afli tant, or Meinber of the House of Representatives 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 same Time.

To hold

offic

hold their And be it further enacted by the Autbority aforesaid, That the Judges of the pleasure.

ng Superior Court, iball hercafter hold their Offices during the Pleature of the

General Assembly.

Proviso.

Provided nevertheless, That nothing in this Ad shall be construed to prevent any Judge of the Superior Court appointed at this Affembly, from bolding for the Term of one Year from the first Day of the Seffion of the present Assembly, any other Office which he now holds or to which he now Rands elected.

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Be it further enaked by the Authority aforejaid, That the Lieutenant-Go. Supreme Court of Er vernor and Council of this State for the Time being, shall be the Supreme ror constitut- Court of Errors in this State, and shall be the dernier resort of all Matters ed.

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 Dernier re- Principles of Equity appear from the Files, Records and Exhibits of said Court,

in mat. to have been erroncously or miftakenly adjudged and determined. And in law and laid 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 shall be invested with all the Powers, Authorities and jurisdictions neTheir power. cessary and requisite for carrying into complete Execution all their judgments,

Decrees and Determinations in the Matters aforesaid, according to the Laws,
Cuftoms and Usages of this State. And their Determinations and Decrees
Thall be final and conclusive to all concerned.

ters or error

When and And be it further enacted by the Autbority aforesaid. That the said prene
Where to be Court of Errors, Thall be held annually at the Place where the General Al-
holden.
All writs to

in sembly shall be held, to meet on the Tuesday of the Week next before the Itatbe returneded Sessions of faid Affembly. And all Writs returned to said Court shall be is u be served twelve Days before the Sessions of said Court, and returned to the

Clerk of said Court before the Day of said Sefiops,

AC IS A N D L A w s.

Superior Court. Wages. Judges impowered. Commerce.

267

lerle

And the Secretary of this state for the Time being thall ex officio be the Secry to be. Clerk of said Court. And said Court fhall have power to adjouro from Time

Court. to Time, and to such Place as they shall think necessary and expedient.. . Power to ado

And it is further provided, That the Lieutenant-Governor, or in his Ab- journ, &c. fence the senior Counciilor present Mall prelide, leven of whom shall confti. President. tute a Quorum.

An Act establishing the Wages of the Judges of the Superor

Court.

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

ajimbled, and by the autbority of the same, That there shall be paid the Jud chief judge of the Superior Court, twenty-seven Shillings, and to each ailiitant Judge twenty-four Shillings per Dien, as a Recompence for their Services while atcending the Duties of their Office.

Be it fürther enated by the Authority aforesaid, That it shall be the Duty Judges to of the judges of the Superior Court in all Matters of Law by them decided opinion 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 fame To be keept redace to Writing and subscribe ; to be kept on File; that the Case may be on fully reported, and if removed by Writ of Error, be carried up with greater

arer For what

purpose. advantage ; and thereby a Foundation be laid for a more perfect and perma- Supreme pent System of common Law in this State. And it shall be the Duty of the Court of Er. Supreme Court of Error, to cause the Reasons of their Judgments to be com- tor to reduce mitted to Writing and signed by one of the Judges, and to be lodged in the Office of the Clerk of the Superior Court.

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An Act in addition to an Act, entitled an Act for constitut

ing Judges and Juitices of the Peace in this State, and for empowering and directing them in their respective Offices.

ÕE it enaded by the Governor, Council and Representatives in General Court Judges of the

D asembled, und by the Authority of the same, That the Judges of the SuSuperior. perior Court for the Time being respectively, may and they are hereby fully

v and there are herehv El Court, Jufti.

and they are nercoy ruy ces through. agthorised and impowered, to exercise and execute the Office of a Justice of the out the Stato. Peace in and throughout this State.

An Act for encouraging and promoting the Commerce of this

State,

BE it enaited by tbe Governor, Council and Representatives, in General Court D 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 Newseven Years from the first Day of June, 1784 ; and all Foreigder, or Haven free Citizens of the United American States removing to either of said Cities, per and who obtain the major Vote of the Inhabitants, or the Consent of she Civil Aúthority and Sele&t. Men of the Towns of New-London or of New-Haven, shall have Right to continue in aid Towas, and Mall habitants.

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