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Deserters. Divorce. Dogs.
as aforesaid, such Charges, if the Trial be in the Superior Court, shall be paid out of the State Treasury; and if such Prosecution be in the County Court, the costs &c. Coft fhall be paid out of the County Treasury ; and if before an Alltant or how paiờ. Justice of the Peace, the Coft shall be paid out of the Town Treasury.
And in cafe Coft shall arise on any Proceedings, or Pursuit of any person informed againft by any Informing Officer, and such Person cannot be apprehend- Prosecutions ed, or being apprehended thall, without fault of the Officer, escape, before he is triable before committed to Prison, or bailed; if the Crime of which such person is accused superior is cognizable by the Superior Court, the Coft shall be paid out of the State Trea- court, cofts,
to be paid fury; and if cognizable before the County Court, the Cost hall be paid out
out of the of the County Treasury; and said Courts respectively (having allowed such state treafu. Coft) shall give Order for the Payment thereof accordingly, in every of the ry, county Cases aforesaid.
court, coun ty treasury.
be taken up, &c.
An Act for taking up and securing Deserters, and for punish
ing those who shall conceal them, E it caded by tbe Governor, Council and Representatives, in General Court Der regularly inlisted into, or taken or retained in the Service of this State, or of che United States of America, thall desert said Service, and be found within this State, it shall be the Duty of any and every Perion that shall have Knowledge or Information thereof, and especially of the Contables and Grand-Ju
Deserters to rors in the several Towns in this State, to give Notice thereof to the next Alfitant or Justice of the Peace, who thall by proper Warrant under his Hand, caule fuch Deserter forthwith to be apprehended and returned to his Commander, or the Place where he was Hationed, or committed to the Goal of the Councy where he thall be taken, and send Intelligence thereof as soon as may be to bis commanding Officer in such Way as will be attended with the least Expence.
That if any person thali harbour or conceal any such Deserter, knowing him Penalty for to be fuch, such Person shall forfeit and pay a Fine not exceeding fifteen Pounds, "concealing for the Use of the Treasury of this State, or be imprisoned not exceeding two deferters. Months, at the Discretion of the County Court which shall have Cognizance of the Offence,
An Ad relating to Bills of Divorce.
affimbled, and by sbe Autbority of the jame, That no Bill of Divorce-Shallbe granted to any Man or Woman, lawfully married, but in Case of Adultery, In what or fraudalent Contract, or wilful Desertion for three years with total neglect of cases bills of Dury; or in case of seven Years absence of one Party not heard of : After divorce are doe Enquiry is made, and the Matter certified to the Superior Court, in which
obtainable. Case the other Party may be deemed and accounted fingle and unmarried. And in that Case, and in all other Cafes aforementioned, a Bill of Divorce may be granted by the Superior Court to the aggrieved Party ; who may then lawfully marry or be married again.
An Ad for preventing Mischiet by Dogs. WHEREAS mucb Damage bas been
occafioned in fundry Parts of this State by Dogs; and of lare, in divers Towns in this seaso, they appear to be ata Preambie.
rended with an uncommor dijease, indicating Madness; by Means whereof many
E it enacted by the Governor, Council and Representatives in General Court
chembled, and by the Authority of the same, That the Authority and Seledt men Select-men of the feveral Towns in this Stace, or the major part of them; or with advice the major part of the Select-men in such several Towns, with che. Advice of of an affiftant
any one Afiftant or Justice of the Peace, shall have full Power and Authority, or jultice, to and they are hereby authorised and impowered to make all recetary Rulee. for reftrain- Orders and regulations (whenever they shall judge the inhabitants of the State, ing of dogs, their persons or Properties shall be in Danger) for the confining, reftraining,
killing or destroying of Dogs belonging to, or found within their respective Towns, as they shall judge reasonable for the effectual Security of loch Inhabitants: The fame to be published, and a Notification thereof set up in Wri, ting, in three of the most public Places in such Town wherein such Order shall be made, and not less than One in each Society therein.
And be it further enađited by the Authority aforelaid, That when fuch Orders or Rules shall be so made and published as aforesaid, all Perlons shall accordingly conform thereço, and obey fuch Rules or Orders, on pain that a pery Per
son who ihall offend against, or not obey fuch Rules or Orders, shall forteic the Penalty on
Sum of forty Sbillings, one Half to him who shall prosecute the fame to Effect, such as do not conform to
and the other Haltto che 'Treasurer of the Town where faid Offence shall be their order. committed ; And that all such Dogs as shall not be confired or seitrained with
in lucb Rules and Orders, małe as aforesaid, may be liable to be killed and
Provided nevertheless, That nothing in this A& shall be understood or con.
found mad, or suspected to be mad; or otherwise hall be found doing MilProviso. chief, or attempting to do the same, when alone, out of the Poffeffions of his
Owner, and diftant from the Care and Command of any Person having the Charge of such Dog; any Thing in this Act, or any other Act to the contrary notwithttanding
An Act concerning the Dowry of Widows.
the Maintenance and comfortable Support of Widows, after the decease of their Husbands ;
E it enacted by the Governor, Council and Representatives, in General Court asembled, and by the Autbority of the
fame, That every married Woman, Widows to
living with her Husband in this State, or absent elsewhere from him with his } ave a third
Consent, or through his meer Default, or by inevitable Providence; or in case (f the real of Divorce where he is the innocent Party, that shall not before Marriage be state of their estated by way of Jointyre in some Houses, Lands, Tenements
or Hereditaments huibands.
for Term of Life; or with some other Efate in lieu chereof, thall immediately upon, and after the Death of her Husband, have Right, Title and Intereft by way oft Dower, in and unto one third Part of the real Estate of her said deceased Husband, in Houses and Lands which he food poslesed of in his own Right, at
the Time of his Decease, to be to her during her natural Life : The remainder of the Eftate shall be disposed of according to the Will of the Deceased ; and where there is ao Will according to Law.
ind for the more easy, and speedy ascertaining such rights of Dorwer. Ir is further eafted by the Authority aforesaid, That upon the Death of 299 Man poffeíied of any real Efate, as aforesaid, wbich his Widow by this widows part A4, as above expressed hath a Righe of Dower in, if the Person, or Perfons to be set out that by Law have a Right to inherit laid Efate, do not within sixty Days next in 60 days after the Death of sucii culiand, by three fufficient Freeholders of the fame after they beCounty ; to be appointed by the Judge of Probate (in whose District the Eftare come widows coth lie) and Sworn for that purpose, set out, and ascertain such Right of Dower, ta then such Widow may make her complaint to the Judge of Probate in whose Diltr:c; the flaselyeth : Whişli Judge thall Decree, and Order that such WoDan's Dowry th:ll beletout, and a certained by three fufficient Freeholders of the County; who inall be sworn faithfuily to proceed, and act therein according to their best Skill: And the said Dowry being let out, and ascertained in either of the Methods afore!aid, the Doings of such Freeholders shall be returned to the Judge who ordered the Dower to be let out, as aforesaid; and upon Approbation thereof by the said Judge, such Dower fhall remain lixed, and certain. And all Persons concerned therein shall be concluded thereby.
And every Widow fo endowed, as aforesaid, hall maintain all such Houses, Buildings, Fences, and inclosures as shall be alligned, and set out to her for to keep. oftate
in repair. her Dowry; and hall leave the fame in good, and sufficient Repair.
Aad if such Widow fall for maintain, and keep in Repair such Houses, Baildings, Fences, and inclosures aliigned her, as aforesaid, it all be in the County court Power of the County Court of the County in which the Efate is, upon Appli- away the sation to them made, to deliver lo much of the said Houses and Lands to the dower unless, next Heir of the fame, and for so long a Term as in their Judgment shall be &c. fufficient, out of the Rents or Profits thereof, to repair such Defečts ; unless such Widow will give good Security for the leaving such Houses, Buildings, Fences and laclosures ia fufficient Repair.
An Act for the punishment of Drunkenness,
a fembled, and by the Autbority of the fanne, That if any person shall be Penalty for found drunsen, so that he be thereby bereaved, and disabled in the use of his Rea. persons found son and Underitanding, appearing either in his Speech, Gesture or Behaviour ;
drunk. and be thereof convicted, he fhall forfeit as a Fine, the Sum of eight Sbillings, to the Treasury of the Town where the Offence is committed, for the use of the Poor therein : And for want of Goods whereon to make Distress, the Offender of Offenders shall be set in the Stocks, there to remain not exceeding three Hours, nor less than one Hour.
An Act to preyent the Practice of Duelling.
affemblid, and by the Authority of the fame, That if any Person within this Şiate, mail challenge the Person of another, or shall accept any luch Cbağlenge to len är Sworu, Pill, Rapier or other dangerous Wea.
pon, such Person so challenging or accepting, fhall forfeit and pay into the
Treasury of this State, for every such Ofence, (being thereof convicted be. Penalty for
fore the Superior Court, by the Testimony of one or more credible Witnesses, challenging, Confeffion of the Party offending, or other fufficient Evidence) the Sam of or accepting One I howjand Pounds, and shall also find sufficient Sureties to the acceptance a challenge of such Court, for his Good-bebaviour during Life ; and fuch Person shall allo to fight a duel.
be disabled ever after, from holding any Otice of Profit or Honor under this State ; and if such Convict shall be unable or neglect to pay the said Forteicure, he or they fail be closely imprisoned for che Term of one full Year.
Be it furtber Enachd, That if any Person or Persons shall willingly or know
ingly carry or deliver any written Challenge, or verbally deliver any Message, Penalty for meant as, or purporting a Challenge, or shall be present at the fighting acy carrying a Duel as asorelaid, as a Second, or Aid, or give Countenance thereto; he or they metsage, &c. being convicted as aforesaid, shall fuffer the same Forfeitures, Pains, Penalties
and Disabilities as aforesaid ; saving only finding Sureties for Good-behaviour during Life, as before provided.
An Act for regulating the Election of the Governor, Lieuten
ant-Governor, Affiftants, &c. to warn the BE it enalted by the Governer, Council and Representatives, ir General Cours
allembled, and by the Authority of the jame," "That ‘ali Contables in the meet yearly, several Towns in this state, without further order, thall warn ali the Freemen in &c. their respective Towns, to meet together yearly ; That is to jay:
In the Counties of Hartford, Neav-Haven, Fairfield, and Litchfield, on the third Tuesday of September.
And in the Counties of New-London, and Windbam, on the fecond Tuejday When and
of September, about nine of the clock in the Morning, at fome convenient Piace where to
where they have usually been held, when and where they thall firit choole Dechoose re puties or Representatives to attend the General Court'in O&tober then next presenta ensuing : And then every Freeman in each Town there present, shall give in tives, and
his Vote or Suffrage for twenty Persons (their Names being fairly written on a twenty to Mtand in no.
Piece of paper) whom he judgeth qualified to fand in Nomination for Electimination. on in the Month of May next following: Which Votes or Suffrages shall be
delivered to an Afitant or Justice of the Peace, (if any be present) otherwife, to such Conftable as shall inhabit in the Town where such Votes are given in ; which Alliftant, Juftice, or Constable, shall make Entry of the Names of all such Persons as the Freemen do vote for ; with the Number of Votes that each Person hath : A Copy whereof the said Aliftant, Justice, or Contable in each Town shall send sealed up, to the General Asembly in Odober next following, by the Deputy or Representatives of fuch Town.
At which Assembly all the Votes of the Freemen of this State shall be comVotes com par'd at the pared, and those twenty Persons who lhall have the greatelt Number of Vores, assembly. Thall be the Persons whose Names shall be returned to the several Towns to be
the Persons nominated to stand for Election in May next following : Out of which Number the twelve Aflifants shall be chosen. But the Freemen shall have Liberty to choose the Governor and Lieutenant-Governor, where they
fee Cause, of all or any Freemen within this State. Penalty on
And all and every Constable thall attend this Order annually, on Penalty of conftables for negled. forfeiting the Sum of four Pounds, to the public Treasury of the State, for eve
ry Neglect thereof.
And be it furtber mpird by ibo Autbority aforelaid, tha: the election of
Governor, Lieurenant-Governor, Afiftants, and such other, public Officers as Election hall be appointed to be chosen, shall by Proxy of the Freemen be attended and to be con
summated at confummared in the General Assembly to be holden at Hartford, upon the se
the assembly cond Thursday of May, annually.
in May. And that the cle&ion by Proxies may be to regulated, and managed, as to present i be ufang anr Frand or Deceit aberrin :
It is furtber Enacted, Thac the Secretary of the Stare, for the Time being, Secretary to hall with the Ads and Orders of the General Court in Oktober, yearly, lend a lend the no. Copy of the Names of all those Persons who are nominated as aforesaid, to stand mination to
the printer, for Election as aforesaid, to the Printer, in order that the said Persons Names máy, with the said Acts, be distributed to the several Towns in this State.
And the several Constables in the respective Towns throughout this State, Conftables without further Order, of the Penalty aforesaid, shall by themselves, or fome duty to wain
the freemen depuced by them, warn all the Freemen in their respective Towns, to convene
to meet on at the Place where fuch Meetings are usually, heid, on the Monday next fol- Monday lowing the first Tuesday in April, annually, at nine of the Clock in the Morn- next after ing; when and where they shall firft .choose Deputies to attend the General, the first Court in May next following ; where also Mall be read to them the Freeman's, Tuesday in
April annuOath ; the three lalt Paragraphs of this Act, and the Names of those Persons
ally, to Dominated to land for Ele&tion: And then the Freernen thail proceed to bring choose rein to the Civil Authority, (or if none be present) to the Constable or Constables presentatives present, the Name of him whom they would have for Governor for the Year for May ensuing, fairly written upon a piece of paper ; which the faid Authority, or Constable or Constables shall receive, and in the presence of the Freemen feal Mode of voap the same in a piece of paper, and write on the out-fide of the Paper fo feal-ting for goed, the Name of the Town; and then add these Words, yiz. Vores for the Go- vernor, &c. Verner. In like Manner they shall proceed in bringing in, sealing up, and writing upon their Votes for the Lieutenant-Governox, Treasurer and Secresa. Treasurer. ty. But before the Treasurer and Secretary are voted for, the Freeman Mall bring in their Votes for those nominated to stand for Election; beginning with Secretary. him that ftands first in the Nomination, and bring in their Votes for him; which by the faid Authority, or Constable or Conftables, shall be received,
up, and written upon, as aforesaid ; inserting the Name of the Person voted for; and so Thall they proceed till they have passed through the whole No. mination. But no one Freeman to vote for more than twelve of the Number in Nomination to be Affiftants.
And the Votes for election of Affiftants shall be a written piece of paper, (and no onwritten piece of Paper shall be given in) : And the Civil Authority or Contables who receive the Votes and seal them up as aforesaid, shall by affiftanes. themselves, or one of the Deputies of the Court, convey the said Proxies to Hartford, and deliver them at the Election, as they shall be ordered, to those Persons who are appointed to receive, sort and count the said Votes.
And at the Time of the Election (the Governor and Licutenant-Governor being firf chosen and declared) those standing in Nomination thall be put to Gov. and Lt:
Governor to Election in the same Order as they are propounded ; after which those twelve
be first choPersons who shall have the greatest Number of Votes, Shall be the Assistants sen and do of this State for the Year then ensuing; and shall be so declared accordingly. clared, and And also Declaration shall be made of the choice of the Treasurer and Secre- then the affirtary.
And if any person that is not a Freeman of tbis State, admitted and sworn according to Law, shall presume to vote or give in his Proxy in the Ele&tion of any of the Members of the General Assembly; or if any.Freeman hall put such as vote
Penalty on in above one Vote or Proxy for one Person at the same Election to one Office, who are not he ball pay a fine of fave Pounds, to the public Treasury of this State. qualified,&cé