That the Judge and Juftices of each refpe&tive County Court, fhall be, and Power to ad they are hereby impowered to adjourn the faid Court upon any neceffary Occafi journ. on, as they shall fee Caufe, to fome diftant Time.

N. London

And the Judges of the County Court in New-London County, hall have Li- county may berty to adjourn to and hold their adjourned Courts either in the Town of New- adjourn to London or Norwich, as they fhall judge convenient.

N.London or Norwich.

Juftices may be called on

And that when, and fo often as it fhall happen, that by reafon of the neceffary Abfence of, or juft Exception against the Judge or any of the Juftices of the Quorum in any County, there fhall not be a fufficient Number of them to hold to make a fach Court, or try any Caufe; the Quorum fhall be supplied by any of the Jufti- quorum. ces of the Peace of that County to which the Court belongs.

And the faid County Courts are hereby impowered to nominate, appoint and To appoint fwear their own Clerks and a Treasurer for their refpective counties.

cle-k and treasurer.

their power,

Which Clerks, fo appointed and fworn, fhall be, and they respectively are hereby impowered to grant Attachments, Summonfes, and Replevins according Clerk to be to Law: Alfo to grant Executions on Judgments rendered in faid Courts on twowhich Executions are to be iffued; and to act and do all other Matters and Things according to the Orders and Directions of faid Courts, proper for them in the Execution of faid Office, and according to Law.

&.c.

Be it further enacted by the Authority aforefaid, That the chief Judge or Prefident for the Time being of the Superior Court, and the Judge or Prefident for the Time being of the County Courts, whenever an Equi-vote fhall Chief judge, fall out in either of the faid Courts, fhall refpectively have a cafting Voice. &c. to have The like Power and Authority every President or Moderator, in any voice. a cafting civil Court, Meeting or Affembly in this State, fhall exercife in fuch Cafes.

&c.

And be it further enacted by the authority aforejaid, That there fhall be a Courts of Court of Probate held and kept in each of the feveral Districts hereafter men- probate intioned, to be held by one Judge to be appointed and commiflioned for that fituted-to Purpose: Each of which Judges fhall have a Clerk, by him to be appointed and have a clerk fworn to the Office: Which Courts of Probate fhall have the Power and Cognizance of the Probate of Wills and Teftaments, granting Administration, appointing and allowing of Guardians, and of acting in all teftamentary and pro- Jurifdiction. bate Matters, and in every other Thing proper for a Court of Probate to act in according to Law.

That the Districts of the feveral Courts of Probate fhall be as follows: That Several difis to fay;

by the Name of the District of New-London.

That the Towns of Hartford, Windfor, Weathersfield, and Suffield, fhall be one District, and called by the Name of the District of Hartford.

That the Towns of New-Haven, Milford, Derby and Woodbridge, fhall be one District, and be called by the Name of the District of New-Haven. That the Towns of New-London and Lyme, fhall be one District, and called

That the Towns of Fairfield and Norwalk, fhall be one District, and called by the Name of the District of Fairfield.

That the Towns of Windham, Lebanon, Mansfield and Coventry, fhall be one Diftrict, and called by the Name of the District of Windham.

That the Towas of Plainfield; Canterbury, Killingly and Voluntown, (except the two north Societies in Killingly) fhall be one District, and called by the Name of the District of Plainfield.

tricts.

Hartford.

New-Haven

N.London.

Fairfield.

Windham.

Plainfield.

That the Towns of Guilford and Branford, shall be one District, and called Guilford. by the Name of the District of Guilford.

That the Towns of Woodbury, New Milford, and the Society of Judea in the Woodbury. Town of Washington, fhall be one District, and called by the Name of the Dis

trict of Woodbury.

G

That the Towns of Eaft-Haddam, Colchefter, Hebron and that Part of ChaE. Haddam. tham south of Salmon-river, shall be one District, by the Name of the District of East-Haddam.

Litchfield.

Stanford.

That the Towns of Litchfield, Goshen, Torrington, Cornwall, Harwinton, the Society of Eaft-Greenwich in Kent and the Town of Washington, (except the Society of Judea) fhall be one District, by the Name of the District of Litchfield.

That the Towns of Stanford and Greenwich, shall be one District, by the Name of the District of Stanford.

That the Towns of Danbury, Redding, Newtown, Ridgfield and New-FairDanbury. field, fhall be one District, by the Name of the District of Danbury.

Norwich.

That the Towns of Norwich and Prefton, fhall be one District, by the Name of the District of Norwich.

That the Towns of Middletown, Haddam, Durham and Chatham, except Middletown. that Part fouth of Salmon-river) fhall be one Diftri&t, by the Name of the Dif trict of Middletown.

Pomphret.

Sharon.

Stafford.

Symíbury.

Stonington.

Farmington.

Wallingford.

Say-Brook.

Stratford.

That the Towns of Pomphret, Afhford, and Woodstock, Society of Mortlake and the two north Societies in the Town of Killingly, shall be one District, by the Name of the District of Pompbret.

That the Towns of Sharon, Salisbury, Canaan and the firft Society in the Town of Kent, including the Lands on the weft Side of Oufatunnuck-river annexed to faid Kent, shall be one District by the Name of the District of Sharon. That the Towns of Stafford, Tolland, Willington, Somers, Union, and the eaft Part of the Society of Ellington in the Town of Eaft-Windfor, extending as far Weft as the weft Line of Tolland, shall be one District, by the Name of the District of Stafford.

That the Towns of Symfbury, Berkhempfted, and Hartland, shall be one Diftrict, by the Name of the District of Symfoury.

That the Towns of Stonington and Groton, shall be one District, by the Name of the District of Stonington.

That the Towns of Farmington, Southington, and New-Hartford, fhall be one District, by the Name of the District of Farmington.

That the Towns of Wallingford, Cheshire, and the Society of Norford in the Town of Branford, shall be one District, by the Name of the District of Wallingford.

That the Towns of Say-Brook and Killingworth, shall be one District, by the Name of the District of Say-Brook.

That the Town of Stratford, fhall be one District, by the Name of the Diftrict of Stratford.

That the Town of Eaft-Windsor, (except that Part of the Society of EllingE. Windfor. ton lying East of a meridian Line drawn from the north-west Corner of Tolland) the Towns of Glaftenbury, Enfield, Bolton, and East-Hartford, shall be one District, by the Name of the District of Eaft-Windfor.

That the Towns of Waterbury and Watertown, fhall be one District, by the Waterbury. Name of the District of Waterbury.

Norfolk.

That the Towns of Norfolk, Colebrook and Winchester, fhall be one District, by the Name of the District of Norfolk.

In each of which Districts shall be kept and held, a Court of Probate, as

Courts to be aforefaid. held in any

That the Judges of the feveral Courts of Probate aforesaid, shall have Liberty town within and Power, and the fame is hereby given them, to hold their faid Courts in any of the Towns within the refpective Districts to which they are or fhall be appointed.

the district.

Judge may

call in jufti

And that so often as any difficult or difputable Matter, happen in any Cafe ces to affift. depending before any of the Judges of the Court of Probate, fuch Judge fhall®

Deaths, fudden.

have Liberty and Power to call in to his Affiftance, any two or three of the Juftices of the Quorum of that County in which fuch difputable Matter ari

feth.

And be it further enacted by the Authority aforesaid, That if any Perfon be aggrieved with the Judgment, Sentence, Decree, Determination, Denial, or Order of any of the Courts of Probate, he may appeal to the Superior Court Appeal alin that County in which the Matters of Difpute and Controverfy fhall happen lowed. to be or arife. Every Perfon fo appealing, giving fufficient Security to profecute fuch Appeal to Effect and answer all Damages in cafe he fail to make his Plea good.

Provided, That fuch aggrieved Perfon (if within this State, or the States of New-Hampshire, Meffachusetts, Rhode-Ifland, New-York, or New-Jersey, and of full Age at the Time of fuch Court of Probate's declaring fuch Order, Sentence, or Decree, fhall within eighteen Months after fuch Declaration, or within eighteen Months after he or she come to the Age of twenty-one Years, or come into this State, enter his or their Appeal from fuch Judgment, Sentence, Determination, Denial or Order.

Provifo.

33

And all Perfons aggrieved, as aforefaid, and being of full Age, and prefent, Appeals to or having legal Notice to be prefent at the Court of Probate which thall give court only, fuch Judgment, Sentence, Determination, Denial or Order, fhall have Liberty when allowappeal to the next Superior Court, and to no other after.

able.

courts to be

And be it further enacted by the Authority aforefaid, That the faid Superior Seals for fuCourt, and the faid Pefpective County Courts, and Courts of Probate, fhall perior, counhave a proper Seal belonging to each of the refpective Courts, to ferve and ufe ty&probate for all Caules, Matters, Things and Affairs proper for the faid Courts refpec- refpectively tively. Each of which Courts are hereby impowered, to procure their relpec- provided &c. tive Seals; and the fame being fo procured, fhall be lodged with the Clerks of the respective Courts, to be improved by their Direction.

An Act concerning fudden or untimely Deaths.

When any perfon is found dead,

&c.

BE E it enacted by the Governor, Council and Representatives, in "General Court
affembled, and by the Authority of the fame That when, and so often as
any Perfon fhall come to any fudden, untimely, or unnatural Death, or be
found dead in this State, the Manner of whofe Death is not known, the next
Affiftant or Juftice of the Peace, or in their Abfence the Conftable of the Town,
fhall forthwith fummon a Jury of twelve able and difcreet Men, who fhall be
fworn by fuch Officer to enquire of the Cause and of the Manner of fuch Perfon's
Death; and fhall present upon Oath a true Verdict thereof, under their Hands, queft.
unto fome near Affiftant or Juftice of the Peace, who fhall return the fame to the
next Superior Court in the fame County.

Jury of in

And if any Man fummoned to ferve as a Juror to enquire as aforefaid, fhall refufe or neglect to appear and attend that Service, according to Summons, he fhall forfeit the Sum of ten Shillings for every fuch Neglect, to the Ufe of the Penalty on Treafury of the Town whereto he belongs. To be levied by Warrant from jurors refuany Alliftant or Juftice of the Peace before whom fuch Juror fhall be convicted of fuch Refufal or Neglect. And that no Fee or Reward fhall be allowed for any of the Services aforefaid.

!

ing, &c.

34

Book debts
out-lawed

after seven
years, if the

debtor, &c.
be dead.

Provifo.

Mode of e.
vidence.

Debts by Book. Debtors abfconding.

An Act concerning Book Debts.

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

Books Debts as

are now out-flanding or that fhall hereafter be made, and that fhall not within seven Years next after the contracting of faid Debt, be either sued for, balanced, or accounted for with the original Debtor, his Attorney, Agent, Affignee, or other lawful Succeffor or Substitute, and an Account or Balance thereof affured by fpecialty given for it, or witneffed by fubfcribing the Debtor or Accomptant's Name to the Creditor's Book, or by the Subfcription of two Witneffes to fuch Account, fhall not, if the original Debtor be dead, be recoverable in any Court in this State.

Provided, That the Time that this State fhall have been engaged in War, fhall not be computed in faid Limitation.

And that in all Actions on Book Debts, that shall be tried by a Jury, the jury fhall well weigh and confider the Credit of the Parties of any other Perions interested, admitted by the Court to take the Oaths in or out of the Court, in fuch Cafes and fuch Form, as Teftimonies in other Cafes are by Law allowed, together with any other Evidence given them, and all the other Circumitances attending fuch Cafes; and upon their Oaths thall give their Verdict thereon for what they fhall find justly due upon their Evi

dence.

That in every Action of Debt brought on Book, wherein it shall appear upon Ballance Tripi, that the Plaintiff in the Action, is in Artear or in Debt to the Detenmay be re- dant to baidlice Book Accounts; the Court, Affillant or Justice of the Peace, covered in before whom the Trial fhall be, fhall give Judgment for the Defendant, to recover the fame of the Plaintiff, together with his just Costs.

favour of the
defendant.

Provifo.

defendant

neglects to
appear, &c.
no costs to

Provided, That no Affiftant, or Juftice of the Peace, fhall in fuch Cafe, give judgment for the recovery of fuch Balance when the fame fhall exceed Jour Pounds.

And be it further enacted by the Authority aforefaid, That if any Defendant When the in Action of Debt on Book, brought against him, before any Court, Affiftant, or juftice of Peace in this State, fhall neglect to exhibit his Account on Trial, to be adjusted as aforefaid, and shall afterwards bring Action against the other Party, for the recovery of any fuch Articles of Book Debt as might have been be allowed adjusted and fettled in the Trial of the former Action, if he recover Judgment him in an af- for fuch Debt, he fhall not be allowed any Coft; unless he make it appear to the teruit, un- Satisfaction of the Court, Affiftant, or Juftice, before whom the Trial is, that lefs, &c. he had no Knowledge of the former Suit, before the Time of Trial, or was inevitably hindred from appearing and exhibiting his Account as aforefaid.

1

Preamble.

An Act for the recovery of Debts, out of the Eftate or Effects of abfent, or abfconding Debtors.

FOR the better preventing Fraud and Deceit, Jometimes defigned and practifed by ill-minded Debtors, who betruft their Goods, Eftate or Effects in the Hands of others, with Intent to reserve and secure the fame to their own Ufe, and thereby defeat their Creditors of their juft Dues; or they not being Inhabitants within this State, conceal their Goods and Effects fo that they cannot be attached or be made liable to the Payment of their Crediters by any ordinary Process of

Law:

BE

Debtors abfconding.

Effects of

35

E it en Fed by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That it fhall and may be lawful for any Creditor, to caufe the Lands, Goods or Effects of his abfent or #bfconding Debtors, not refiding within this State, to be attached in whofoe- abfconding ver Hands or Poffeffion the fame are or may be found: And the attaching of debtors at any Part thereof, thall fecure and make the whole that is in fuch Perfon's Hands rachable in liable in the Law to refpond the Judgment to be recovered upon fuch Process, the hands of and fhall be fubject to be taken in Execution for Satisfaction thereof, as far as the agent, &c. Value thereof will extend. And the Perfon in whofe Hands any fuch Lands, Goods or Effects are, fhall accordingly expofe the fame.

That where no Lands, Goods or Effects of any abfent or abfconding Debtor, in the Hands of his Attorney, Factor, Agent or Trustee fhall be expofed

ftate is not to

to View, or can be found or come at, fo as to be attached, it fhall and may How fuit is be lawful for any Creditor to bring his action against his abfent or abfconded to be inftitu Debtor, for the recovery of his Dues. In which Cafe the Creditor, by fome ted, when eproper Officer, fhall leave an attefted Copy of his Writ, at leaft fourteen Days become at before the Time of Trial, with fuch abient or abfconding Debtor's Attorney, Factor, Agent or Truftee, or at the Place of his or their ufual Abode'; which Service shall be a fufficient Citation for the Creditor to bring forward his Action to Trial: Unless the Debtor be an Inhabitant of this State, or hath for some Time dwelt therein; in which Cafe a like Copy fhail be left by fuch Officer at the Dwelling-House, Lodging or Place of his last or ufual Abode.

Debtor's agent may de

That fuch Attorney, Factor, Agent or Truftee, upon his Defire, fhall be admitted to defend his Principal in tuch Suit, through the courfe of Law, according to the Nature of the Action. But if the Deptor be not in this State, and no Attorney, Factor, Agent or Trustee appear to defend in the Suit, the Court fhall continue the Action to the next Court, and then if need be, fhall continue fend his printhe fame once more to the next Court, (that tuch Attorney, &c. may have Oppor- cipal, &c. tunity to notify his Principal) and then without fpecial Matter alledged and allowed in Bar, or Abatement, the Action fhall come to Trial; and if Judgment be rendered for the Plaintiff, all the Goods or Effects which are in the Hands of fuch Attorney, Factor, Agent or Truftee, to the value of such Judgment, (iffo much there be) fhall be liable, and subjected to Execution granted upon fuch Judgment for, or towards the fatisfying the lame; and from the Time of ferving the Writ or Summons, as aforefaid, fhall be liable, and be fecured in Law in the Hands of, and may not otherwife be difpofed of by fuch Attorney, Factor, Agent or Trustee,

When the

liable to pay

out of his

own eftate,

And if fuch Attorney, Factor, Agent or Truftee, after the Time of his being ferved with a Writ or Summons, as aforefaid, taken out against his Principal, (being an abfent or abfconding Debtor) fhall transfer, remit, difpofe of, or convert any of the Goods or Effects of fuch Debtor in his Hands at the Time of fuch Service within what fhall fatisfy the Judgment given, as aforefaid; or that agent, &c. is fhall not discover, expose, or fubject the Goods or Effects of fuch Debtors in his Hands to be taken in Execution, for, and towards the fatisfying the Judgment fo far, as what in his Hands or Poffeffion will extend, fhall be liable to fatisfy the fame of his own proper Goods or Estate, as much as if it were his own proper Debt: And a Writ of Scire Facias may be taken out out from the Clerk of the Court where the Judgment was given, to be served apon fuch Attorney, Factor, Agent or Truftee, requiring him to appear before fuch Court, and to fhew Caufe, if any he have, to the contrary thereof; and upon default of Appearance of fuch Attorney, Factor, Agent or Trustee, or refufal to disclose upon his Oath, (which Oath fuch Court is hereby authorized to adminifter) what Goods or Effects of the Debtor are, or were in his hands or Poffeffion, then Judgment fhall be entered up against him of his own proper