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N. London

clerk and trealurer.

their power, &.c.

That the Judge and Juftices of each respective County Court, shall be, and Power to ad. they are hereby impowered to adjourn the laid Court upon any neceflary Occafi. journ. on, as they shall lee Cause, so some diftant Time.

N. London, And the judges of the County Cours in New-London County, shall have Li- county mwy berty to adjourn to and hold their adjourned Courts either in the Town of New- adjourn to Lendon or Norwich, as they fhall judge convenient.

or Norwich: And that when, and so often as it shall happen, that by reason of the necessary Abfence of, or juft Exception against the Judge or any of the Juftices of the be called on Quorum in any County, there thall not be a sufficient Number of them to hold to mike a such Court, or try any Cause; the Quorum shall be supplied by any of the Justi- quorum. ces of the Peace of that County to which the Court belongs.

And the said County Courts are hereby impowered to nominate, appoint and To appoint fwear their own Clerks and a Treasurer for their respective counties:

Which Clerks, so appointed and sworn, shall be, and they respectively are hereby impowered to grant Attachments, Summonies, and Replevins according Cork to be

Tworn,... to Law : Allo to grant Executions on Judgments rendered in said Courts on which Executions are to be issued ; and to act and do all other Matters and

Things according to the Orders and Directions of said Courts; proper for them in the Execution of said Office, and according to Law.

Be it further enacted by the Authority aforesaid, that the chief Judge or President for the Time being of the Superior Court, and the judge or President for the Time being of the County Courts, whenever an Equi-vote shall Chief judge, fall out in either of the said Courts, stall respectively havo a casting. Voice. &c to have The like Power and Authority every President or

Moderator, in any voice. civil Court, Meeting or Assembly in this State, shall exercise in such Cales.

And be it further erafted by the authority aforejaid, That there shall be à Courts of Court of Probate held and kept in each of the several Districts hereafter men-probate intioned, to be held by one Judge to be appointed and commiffioned for that stituted---io Purpose : Each of which judges íhall have a Clerk, by him to be appointed and have a clerk {worn to the Office : Which Courts of Probate thall have the Power and Cognizance of the Probate of Wills and Testaments, granting Administration, appointing and allowing of Guardians, and of acting in ali teftamentary and pro

jurifdi&tion: bare Matters, and in every other Thing proper for a Court of Probate la act in according to Law.

That the Districts of the several Courts of Probate shall be as follows : That Several difis to say ;

tricts. That the Towns of Hartford, Windsor, Weathersfield, and Suffeld, shal! - be one Ditrie, and called by the Name of the District of Hartford.

Hartford. That the Towns of New Haven, Milford, Derby and Woodbridge, thall be one District, and be called by the Name of the District of New-Haven.

That the Towns of New-London and Lyme, hall be one District, and called by the Name of the District of New-London. That the Towns of Fairfield and Norwalk, thall be one District, and called

Fairfield. by the Name of the District of Fairfield. That the Towns of Windham, Lebanon, Mansfield and Coventry, shall be one

Windham. Diftrict, and called by the Name of the District of Windham. That the Towas of Plainfield, Canterbury, Killingly and Voluntown, (except

Plainfield. the two north Societies in Killingly ) shall be one District, and called by the Name of the District of Plainfield.

That the Towns of Guilford and Branford, hall 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 Woodburv. Town of Washington, Mall be one District, and called by the Name of the Diring of Woodbury.

G

&c.

New-Haveri

N.London.

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That the Towns of Eaft-Haddam, Colchester, Hebron and that part of ChaE. Haddam. tham south of Salmon-river, shall be one Distrie, by the Name of the Distria

cf Enjt-Haddam.

That the Towns of Litchfield, Goshen, Torrington, Cornwall, Harwinton,

the Society of East-Greenwich in Kent and the Town of Washington, (except Litchfield.

the Society of Judea) shall be one Distria, by the Name of the District of Litchfield.

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

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

Thae the Towns of Norwich and Preston, shall be one District, by the Name Norwich. of the District of Norwich.

That the Towns of Middletown, Haddam, Durbam and Chatham, except Middletown. that Part souch of Salmon-river) shall be one District, by the Name of the Dir.

trict of Middletown. Pomphret. That the Towns of Pompbrut, Ajhford, 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 first Society in the Sharon.

Town of Kent, including the Lands on the weil Side of Oujaturnuck-river annexed to said Kent, shall be one District by the Name of the Dittrict of Sharon.

That the Towns or Stafford, Tolland, Willington, Somers, Union, and the east Stafford. Part of the Society of Ellington in the Town of Euft-Windsor, extending as far

West as the west Line of Tolland, shall be one District, by the Name of the

Diftri&t of Stafford. Symsbury. That the Towns of Symfbury, Berkbempfted, and Hartland, shall be one Di

ftri&t, by the Name of the District of Symfoury. Stonington.

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

of the District of Stonington. Farmington. That the Towns of Farmington, Southington, and New-Hartford, fall be

one District, by the Name of the Distrid of Farmington. Wallingford.

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

ling ford. Say-Brook. That the Towns of Say-Brook and Killingwortb, hall be one District, by

the Name of the District of Say-Brook. Stratford. That the Town of Stratford, shall be one Diftri&, by the Name of the Dir

trict of Stratford.

That the Town of East-Windsor, (except that part of the Society of EllingE. Windsor. ton lying Eaft of a meridian Line drawn from the north-west Corner of Tole

land) the Towns of Glaftenbury, Enfield, Bolton, and East-Hartford, Ihall be one Diftri&, by the Name of the District of Eaft-Windsor.

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

That the Towns of Norfolk, Colebrook and Winchester, shall be one Diaria, Norfolk.

by the Name of the Diftrict of Norfolk.

In each of which Districts shall be kept and held, a Court of Probate, as Courts to be aforesaid. held in any

That the Judges of the several Courts of Probate aforesaid, shall have Liberty town within and Power, and the same is hereby given them, to hold their said Courts in any the district.

of the Towns within the respective Districts to which they are or shall be ap

pointed. Judge may call in justi

And that so often as any difficult or disputable Matter, happen in any Cafe ces to affit. depending before any of the Judges of the Court of Probate, such Judge fhalle

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have Liberty and Power to call in to his Afliftance, any two or three of the Justices of the Quoram of that County in which fuch disputable Matter ari. sero.

And be it further enacted by the Authority aforesaid, That if any Person 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 Dispute and Controversy Mall happen

lowed. to be or arise. Every Person fo appealing, giving sufficient Security to prosecute such Appeal to Effect and answer all Damages in case he fail to make his Plea good. Provided, That such aggrieved Person (if within this State, or the States of

Proviso. New Hampshire, Mojachusetts, Rbode-Island, New-York, or New-Jersey, and of full Age at the Time of fuch Court of Probate's declaring such Order, Sentence, or Decree, hail within eighteen Months after such 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 such Judgment, Sentence, Determination, Denial or Order.

And all Persons aggrieved, as aforesaid, and being of fall Age, and present, Appeals to or baving legal Notice to be present at the Court of Probate which thall give court only, fuch Judgment, Sentence, Determination, Denial or Order, shall have Liberty when allow19 dypeal to the next Superior Court, and to no ocher after.

able. And be it furtber enabied by the Authority aforesaid, That the said Superior Seals for fuCout, and the faid Peípective County Courts, and Courts of Probate, shall perior,counhave a propos Seal belonging to each of the respective Courts, to serve and use ty&probate for all Caules, Matters, Things and Affairs proper for the said Courts respec- respectively tively. Each of which Courts are hereby im powered, to procure their respec- provided &c. tive Seals ; and the same being so procured, shall be lodged with the Clerks of the respective Courts, to be improved by their Direction.

An Act concerning sudden or untimely Deaths.

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

allembled, and by the Authority of the fameThat when, and so often as any Person shall come to any sudden, untimely, or annatural Death, or be. When any found dead in this State, the Manner of whose Death is not known, the next person is

found dead, Afiftant or Justice of the Peace, or in their Abfence the Constable of the Town, &c. shall forthwith summon a Jury of twelve able and discreet Men, who shall be sworn by fuch Officer to enquire of the Cause and of the Manner of such person's

„Jury of inDeath ; and shall present upon Oath a true Verdict thereof, under their "Hands, quent. unto fome near Assistant or Justice of the Peace, who Mall return the same to the Dext Superior Court in the same County.

And if any Man summoned to serve as a Juror to enquire as aforesaid, hall refuse or neglect to appear and attend that Service, according to Summons, he Hall forfeit the Sum of tên Shillings for every such Neglect, to the Use of the Penrity on Treasury of the Town whereto he belongs . To be levied' by Warrant from jurors refuany Alitant or Justice of the Peace before whom such Juror shall be convicted ling, ac. of such Refusal or Neglect. And that no Fce or Reivard Mhall be allowed for any of the Sersices aforesaid.

34

Debts by Book. Debtors absconding.

B

An Act concerning Book Debts.

E it eratied by the Governer, Council and Representatives, in General Court Pook debto

clembied, and by the Authority of the same, That all such Book Debts as oui-lawed are now out-fianding or that hall hereafter be made, and that shall not within after seven seven Years next after the contracting of said Debt, be either sued for, balanced, years, if the os accounted for with the original Debtor, his Attorney, Agent, Asignee, or. dehtor, &c. Other lawful Succeilor or Subtitute, and an Account of Balance thereof affured be dead.

lay specialty given for it, or witnessed by subscribing the Debtor or Accomptants Name to the Creditor's Book, or by the Subcription of two Witnesses to such Account, shall not, if the criginal Debtor be dead, be recoverable in any Court in this State.

Provided, That the time that this State fall bave been engaged in. War, Proviro.

shall not be computed in said Limitation.

And that in all Actions on Book Debts, that shall be tried by a Jury, the jury shall well weigh and consider the Credit of the Parties or any other Persons interested, admitted by the Court to take the Oaths in or out of the

Couit, in such Cases and such Form, as Testimonies in other Cases are by Law Mlode of e. allowed, together with any other Evidence given them, and all the other Cir

cumiances attending luch Cafes ; and upon their Oaths thall give their Veraict thereon for what they shall find juitly due upon their. Evidesce.

Tiat in every Adion of Debt brought on Book; wherein it shall appear upon Ballance Trips, shat the Piaio:iff in the Action, is in Artear or in Debt to the Deten, may be re

dant to baidace book Accounts ; the Court, Atlant, or Justice of the Peace, covertuin bétore wiontile Trial thall be, thall give Judy in ot for the Defendant, to refavour of the dciendant, tover the ta nie of the plaintiff, together with his just Costs.

Proviürd, That no Allifant, or Justice of the Peace, Thall in such Case, Proviso.

žive judgment for the recovery of luch Balance when the same shall exceed Jour Pounds.

And be it further enacted by the Authority aforesaid, That if any Defendant When the in Action of Debton Book, brought againit him, before any Court, Affiftani, defendant or justice of Peace in this State, fhall neglect to exhibit his Account on Trial, to neglects to be adjusted as aforesaid, and shall afterwards bring 'Action against the other appear,

Pariy, for the recovery of any such Articles of Book Debt as might have been no cofts to be allowed adjuited and settled in the Trial of the former Action, if he recover Judgment him in an af- for such Debt, he shall not be allowed any Cost; unless he make it appear to the tervit

, un- Satisfaction of the Court, Afliftant, or Juftice, before whom the Trial is, that less, &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 aforesaid.

&c.

An Act for the recovery of Debts, out of the Estate or Ef

fects of absent, or absconding Debtors.

Preamble.

FOR the better preventing Fraua and Daceit, sometimes designed and practijed by ill-minded Debtors, wbo betrust their Goods, Efate or Effects in the Hands of orhers, with Intent 10 rejerve and secure the same to their own Use, and thereby defeat their Creditors of their juft Dues ; or they not being Inhabitants within this State, conceal their Goods and Effeels so that they cannot be attached er be made liable to tbe Payment of beir Creditors by any ordinary Process of Law:

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Effects of

BE E il en. Fed by the Governor, Council and Representatives, in General Court

afsembled, and by the Authority of the fame, That it fhall and may be lawful for any Creditor, to cause the Lands, Goods or Effects of his absent or Bölconding Debtors, not residing within this State, to be attached in whosoe- absconding ver Hands or Possession the same are or may be found : And the attaching of debtors at? aay Part thereof, ihall secure and make the whole that is in such Person's Hands rachable in liable in the Law to respond the Judgment to be recovered upon such Process, the hands of and thall be subject to be taken in Execution for Satisfaction thereof, as far as the agent, &c. Valae thereof will extend. And the Person in whose Hards any such Lands, Goods or Effects are, thall accordingly expose the fame.

That where no Lands, Goods or Effects of any absent or absconding Debtor, in the Hands of his Attorney, Factor, Agenț or Trustee shall be exposed to View, or can be found or come at, so as to be attached, it shall and may How suit is be lawful for any Creditor co bring his action againit his absent or absconded to be inftituDebtor, for the recovery of his Dues. In which Case the Creditor, by some ted, when eproper Oficer, snall leave an attested Copy of his Writ, at leaft fourteen Days be come at: before the Time of Trial, with fuch ablent or absconding Debtor's Attorney, Factor, Agent or Trustee, or at the Place of his or their usual Abode'; which Service shall be a sufficient 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 Case a like Copy thall be left by such Officer

rat the Dwelling-House, Lodging or Place of his lait or usual Abode.

That such Attorney, Factor, Agent or Truftee, upon his Defire, fhall be admitted to defend his Principal in such Suit, through the course of Law, according to the Nature of the action. But if the Deptor be not in this State, and

Debtor's a. no Attorney, Factor, Agent or "Trustee appear to defend in the Suit, the Court

gent may dehali continue the Action to the next Court, and then if need be, shall continue fend his prin. the fame once more to the next Court, (that iych Attorney, &c. may have Oppor. cipal, &c. tunity to notify his Principal) and then without special Matter alledged and allowed in Bar, or Abatement, the Adion shall come to Trial; and if Judgment be rendered for the Plainuiff, all the Goods or Effects which are in the Hands of such Attorney, Factor, Agent or Trustee, to the value of such Judgment, (if so much there be) shall be liable, and subjected to Execution granted upon such judgment for, or towards the fatisfying the same ; and from the Time of serving the Writ or Summons, as aforesaid, shall be liable, and be secured in Law in the Hands of, and may not otherwise be disposed of by such Attorney, Factor, Agent or Truftee,

And if such Attorney, Factor, Agent ar Truftee, after the Time of his being served with a Writ or Summons, as aforesaid, taken o’t against his Principal, (being an absent or absconding Debtor) thall transfer, remit, dispose of, or convert any of the Goods or Effects of such Debtor in his Hands at the Time of When the fuch Service within what shall satisfy the Judgment given, as aforesaid ; or that agent, &c. is fhall not discover, expose, or subject the Goods or Effects of such Debtors in his liable to pay Hands to be taken in Execution, for, and towards the fatisfying the Judgment own estate, So far, as what in his Hands or Possession will extend, shall be liable to satisfy the same of his own proper Goods or Efate, as much as if it were his own proper Debt: And a Writ of Scire Facias may be taken out from the Clerk of the Court where the Judgment was given, to be served ppon such Attorney, Factor, Agent or Trustee, requiring him to appear before such Court, and to thew Cause,

if any he have, to the contrary thereof; and upon default of Appearance of such Attorney, Factor, Agent or Trustee, or refu.* sal to disclose upon his Oath, (which Oath such Court is hereby authorized to adminifter) what Goods or Effects of the Debtor are, or were in his hands of Poffeffion, then Judgment fall be entered up againit him of his own proper

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