Abbildungen der Seite
PDF
EPUB

befe

[blocks in formation]

as aforesaid, fuch Charges, if the Trial be in the Superior Court, fhall be paid
out of the State Treasury; and if fuch Prosecution be in the County Court, the Cofts &c.
Coft fhall be paid out of the County Treasury; and if before an Affiftant or how paiḍ.
Juftice of the Peace, the Coft fhall be paid out of the Town Treasury.

41

And in cafe Coft shall arife on any Proceedings, or Purfuit of any Perfon informed against by any Informing Officer, and fuch Perfon cannot be apprehend- Profecutions ed, or being apprehended fhall, without fault of the Officer, efcape, before he is triable before committed to Prison, or bailed; if the Crime of which fuch Perfon is accused fuperior is cognizable by the Superior Court, the Coft fhall be paid out of the State Trea- court, cofts, fury; and if cognizable before the County Court, the Coft fhall be paid out to be paid of the County Treafury; and faid Courts respectively (having allowed fuch state treafuCoft) fhall give Order for the Payment thereof accordingly, in every of the ry, county Cafes aforefaid.

An Act for taking up and fecuring Deferters, and for punishing those who fhall conceal them.

out of the

court, county treafury.

be taken up,

&c.

E it enacted by the Governor, Council and Representatives, in General Court afembled, and by the Authority of the jame, That if any Soldier or Mariner regularly inlifted into, or taken or retained in the Service of this State, or of the United States of America, fhall defert faid Service, and be found within this State, it fhall be the Duty of any and every Perion that fhall have Knowledge of Information thereof, and especially of the Conftables and Grand-Ju- Deferters to rors in the several Towns in this State, to give Notice thereof to the next Affitant or Justice of the Peace, who fhall by proper Warrant under his Hand, caufe fuch Deserter forthwith to be apprehended and returned to his Commander, or the Place where he was ftationed, or committed to the Goal of the County where he shall be taken, and fend Intelligence thereof as foon as may be to his commanding Officer in fuch Way as will be attended with the leaft Expence. That if any Perfon fhali harbour or conceal any fuch Deferter, knowing him Penalty for to be fuch, fuch Perfon shall forfeit and pay a Fine not exceeding fifteen Pounds, "concealing for the Ufe of the Treafury of this State, or be imprisoned not exceeding two deferters. Months, at the Difcretion of the County Court which fhall have Cognizance

of the Offence.

An A& relating to Bills of Divorce.

BE it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That no Bill of Divorce shall be granted to any Man or Woman, lawfully married, but in Cafe of Adultery, In what or fraudulent Contract, or wilful Defertion for three Years with total neglect of cafes bills of Duty; or in Cafe of feven Years abfence of one Party not heard of: After divorce are dae Enquiry is made, and the Matter certified to the Superior Court, in which Cafe 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 Act for preventing Mischief by Dogs.

HEREAS much Damage has been occafioned in fundry Parts of this State

obtainable.

this they appear to at Preamble.

42

Select-men with advice of an affiftant

or justice, to grant orders for reftrain. ing of dogs,

Penalty on

fuch as do not conform to

Dowry.

tended with an uncommon disease, indicating Madness; by Means whereof many People have already fuftained much Damage, and are greatly endangered and expoled to suffer much more, unlefs proper Meatures are taken to prevent the jame.

BE

E it enacted by the Governor, Council and Representatives in General Court effembled, and by the Authority of the fame, That the Authority and Select-men of the feveral Towns in this State, or the major Part of them; or the major Part of the Select-men in fuch feveral Towns, with the Advice of any one Affittant or Juftice of the Peace, fhall have full Power and Authority, and they are hereby authorised and impowered to make all neceffary Rules. Orders and regulations (whenever they fhall judge the inhabitants of the State, their Perfons or Properties fhall be in Danger) for the confining, restraining, killing or deftroying of Dogs belonging to, or found within their refpective Towns, as they fhall judge reafonable for the effectual Security of fech Inhabitants: The fame to be published, and a Notification thereof fet up in Wri ting, in three of the moft public Places in fuch Town wherein fuch Order fhalt be made, and not lefs than One in each Society therein.

And be it further enacted by the Authority aforelaid, That when fuch Orders or Rules fhall be fo made and publifhed as aforefaid, all Perfons fhall accordingly conform thereto, and obey fuch Rules or Orders, on pain that very Perfon who shall offend againft, or not obey fuch Rules or Orders, fhall forfeit the Sum of forty Shillings, one Half to him who fhall profecute the fame to Effect. and the other Halt to the Treasurer of the Town where faid Offence fhall be their order. committed: And that all fuch Dogs as thall not be confined or restrained within fuch Rules and Orders, male as aforesaid, may be liable to be killed and destroyed, by any Perían or Perfons whatever: And if any fuch Perfon fhail be lued or profecuted for the fame, he may plead not guilty, and give this Act in Evidence, unless fuch Perfon commencing and profecuting any such action as aforefaid, fhall prove, to the Satisfaction of fuch Court, before whom any fuch Trial may be had, that he had fully complied with fuch Orders and Rules 'as aforefaid.

Provifo.

Widows to

}ave a third of the real ftate of their husbands.

Provided nevertheless, That nothing in this Act fhall be understood or conftrued to reftrain or prevent any Perfon from killing or deftroying any Dog found mad, or fufpected to be mad; or otherwife thall be found doing Mifchief, or attempting to do the fame, when alone, out of the Poffeffions of his Owner, and diftant from the Care and Command of any Perfon having the Charge of fuch Dog; any Thing in this Act, or any other Act to the contrary notwithstanding.

An Act concerning the Dowry of Widows.

THAT there may be suitable Provifion made for the Maintenance and comfort.-. able Support of Widors, after the decease of their Husbands;

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That every married Woman, living with her Husband in this State, or abfent elsewhere from him with his Confent, or through his meer Default, or by inevitable Providence; or in cafe of Divorce where the is the innocent Party, that thall not before Marriage be eftated by way of Jointure in fome Houses, Lands, Tenements or Hereditaments for Term of Life; or with fome other Eftate in lieu thereof, fhall immediately upon, and after the Death of her Hufband, have Right, Title and Interest by way of Dower, in and unto one third Part of the real Eftate of her faid deceased Hufband, in Houfes and Lands which he ftood poffeffed of in his own Right, at

Drunkenness.

Duelling.

43

the Time of his Deceafe, to be to her during her natural Life: The remainder of the fiftate fhall be difpofed of according to the Will of the Deceased; and where there is no Will according to Law.

And for the more easy, and speedy afcertaining such rights of Dower.

It is further enacted by the Authority aforefaid, That upon the Death of any Man poffeffed of any real Eftate, as aforesaid, which his Widow by this Widows part A, as above expreffed hath a Right of Dower in, if the Perfon, or Perfons to be fet out that by Law have a Right to inherit faid Eftate, do not within fixty Days next in 60 days after the Death of fuch ufband, by three fufficient Freeholders of the fame after they beCounty; to be appointed by the Judge of Probate (in whofe District the Eftate come widows coth lie) and Sworn for that purpose, fet out, and ascertain fuch Right of Dower, that then fuch Widow may make her complaint to the Judge of Probate in whofe District the Eftatélyeth: Which Judge fhall Decree, and Order that fuch Woman's Dowry thell befetout, and afcertained by three fufficient Freeholders of the County; who inall be fworn faithfully to proceed, and act therein according to their best Skill: And the faid Dowry being fet out, and afcertained in either of the Methods afore!aid, the Doings of luch Freeholders fhall be returned to the Judge who ordered the Dower to be let out, as aforefaid; and upon Approbation thereof by the faid Judge, fuch Dower shall remain fixed, and certain: And all Perfons concerned therein fhall be concluded thereby.

in repair.

County court

And every Widow fo endowed, as aforefaid, fhall maintain all fuch Houses, Buildings, Fences, and Inclosures as fhall be aligned, and fet out to her for to keep eftate her Dowry; and fhall leave the fame in good, and fufficient Repair. And if fuch Widow fhall not maintain, and keep in Repair fuch Houfes, Buildings, Fences, and inclosures alligned her, as aforefaid, it shall be in the may to take Power of the County Court of the County in which the Eftate is, upon Appli- away the cation to them made, to deliver fo much of the said Houfes and Lands to the dower unless, next Heir of the fame, and for fo long a Term as in their Judgment fhall be &c. fufficient, out of the Rents or Profits thereof, to repair fuch Defects; unless fuch Widow will give good Security for the leaving fuch Houses, Buildings, Fençes and inclosures in fufficient Repair.

An Act for the punishment of Drunkenness.

drunk.

BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That if any Perfon fhall be Penalty for found drunken, fo that he be thereby bereaved, and difabled in the use of his Rea. perfons found fon and Understanding, appearing either in his Speech, Gefture or Behaviour; and be thereof convicted, he fhall forfeit as a Fine, the Sum of eight Shillings, to the Treafury of the Town where the Offence is committed, for the ufe of the Poor therein: And for want of Goods whereon to make Diftrefs, the Offender or Offenders shall be fet in the Stocks, there to remain not exceeding three: Hours, nor lefs than one Hour.

An Act to prevent the Practice of Duelling.

BE É it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That if any Perfon within this piate, fhall challenge the Perfon of another, or fhall accept any fuch Challenge to fight at Sword, Piful, Rapier or other dangerous Wea

44

Penalty for challenging, or accepting

a challenge to fight a duel.

Penalty for carrying a meffage, &c.

Conftables

to warn the freemen to

Election.

pon, fuch Perfon fo challenging or accepting, fhall forfeit and pay into the Treasury of this State, for every fuch Offence, (being thereof convicted be. fore the Superior Court, by the Teftimony of one or more credible Witneffes, Confeffion of the Party offending, or other fufficient Evidence) the Sum of One Thoujand Pounds, and thall also find fufficient Sureties to the acceptance of fuch Court, for his Good-behaviour during Life; and fuch Perfon fhall allo be difabled ever after, from holding any Office of Profit or Honor under this State; and if fuch Convict shall be unable or neglect to pay the faid Forfeiture, he or they fhail be clofely imprifoned for the Term of one fuil

Year.

Be it further Enacted, That if any Perfon or Perfons fhall willingly or knowingly carry or deliver any written Challenge, or verbally deliver any Meffage, meant as, or purporting a Challenge, or fhall be prefent at the fighting any Duel as aforefaid, as a Second, or Aid, or give Countenance thereto; he or they being convicted as aforefaid, shall suffer the fame Forfeitures, Pains, Penalties and Disabilities as aforefaid; faving only finding Sureties for Good-behaviour during Life, as before provided.

An Act for regulating the Election of the Governor, Lieutenant-Governor, Affiftants, &c.

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the jame, That all Conflables in the meet yearly, feveral Towns in this State, without further order, fhall warn all the Freemen in their respective Towns, to meet together yearly; That is to jay:

&c.

When and where to

choose reprefentatives, and twenty to

stand in nomination.

Votes com

affembly.

In the Counties of Hartford, New-Haven, Fairfield, and Litchfield, on the third Tuesday of September.

And in the Counties of New-London, and Windham, on the fecond Tuesday of September, about nine of the Clock in the Morning, at fome convenient Piace where they have usually been held, when and where they thail firit choole Deputies or Representatives to attend the General Court in October then next enfuing: And then every Freeman in each Town there prefent, fhall give in his Vote or Suffrage for twenty Perfons (their Names being fairly written on a Piece of Paper) whom he judgeth qualified to ftand in Nomination for Election in the Month of May next following: Which Votes or Suffrages fhall be delivered to an Affiftant or Justice of the Peace, (if any be prefent) otherwife, to fuch Conftable as shall inhabit in the Town where fuch Votes are given in ; which Affiftant, Juftice, or Constable, shall make Entry of the Names of all fuch Perfons as the Freemen do vote for; with the Number of Votes that each Perfon hath A Copy whereof the said Affiftant, Justice, or Conftable in each Town shall send fealed up, to the General Affembly in October next following, by the Deputy or Reprefentatives of fuch Town.

At which Affembly all the Votes of the Freemen of this State fhall be compar'd at the pared, and those twenty Perfons who fhall have the greatest Number of Votes, Thall be the Perfons whofe Names fhall be returned to the several Towns to be the Perfons nominated to stand for Election in May next following: Out of which Number the twelve Affistants 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 conftables

for neglect.

And all and every Constable shall attend this Order annually, on Penalty of forfeiting the Sum of four Pounds, to the public Treafury of the State, for every Neglect thereof.

And be it further exalted by the Authority aforelaid, that the election of

[blocks in formation]

fummated at

Governor, Lieutenant-Governor, Affiftants, and fuch other public Officers as Election fhall be appointed to be chofen, fhall by Proxy of the Freemen be attended and to be conconfummated in the General Affembly to be holden at Hartford, upon the fe- the affembly cond Thursday of May, annually.

And that the ele&ion by Proxies may be so regulated, and managed, as to prevent the ufing any Fraud or Deceit therein o

in May.

&C.

the freemen

It is further Enacted, That the Secretary of the State, for the Time being, Secretary to shall with the Acts and Orders of the General Court in October, yearly, lend a fend the noCopy of the Names of all thofe Perfons who are nominated as aforefaid, to ftand mination to the printer, for Election as aforefaid, to the Printer, in order that the faid Perfons Names may, with the faid Acts, be distributed to the feveral Towns in this State. And the feveral Conflables in the respective Towns throughout this State, Conftables without further Order, of the Penalty aforefaid, fhall by themselves, or fome duty to warn deputed by them, warn all the Freemen in their respective Towns, to convene to meet on at the Place where fuch Meetings are ufually held, 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 fhall firft choose Deputies to attend the General the first Court in May next following; where alfo fhall be read to them the Freeman's Tuesday in April annuOath; the three laft Paragraphs of this Act, and the Names of thofe Perfons ally, to nominated to land for Election: And then the Freemen fhall proceed to bring choose rein to the Civil Authority, (or if none be prefent) to the Conftable or Conftables prefentatives prefent, the Name of him whom they would have for Governor for the Year for May enfuing, fairly written upon a piece of Paper; which the faid Authority, or Conftable or Conftables fhall receive, and in the prefence of the Freemen feal Mode of voup the fame 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 thefe Words, viz. Votes for the Go- vernor, &c. vernor. In like Manner they shall proceed in bringing in, fealing up, and writing upon their Votes for the Lieutenant-Governor, Treasurer and Secreta- Treasurer. ry. But before the Treasurer and Secretary are voted for, the Freemen fhall bring in their Votes for those nominated to stand for Election; beginning with Secretary. him that stands firft in the Nomination, and bring in their Votes for him; which by the faid Authority, or Constable or Conftables, fhall be received, fealed up, and written upon, as aforefaid; inferting the Name of the Perfon voted for; and fo fhall they proceed till they have paffed through the whole Nomination. But no one Freeman to vote for more than twelve of the Number in Nomination to be Affiftants.

feffions.

And the Votes for election of Affiftants fhall be a written piece of Paper, (and no unwritten piece of Paper fhall be given in): And the Civil Authority or Conftables who receive the Votes and feal them up as aforefaid, fhall by Affiftants. themselves, or one of the Deputies of the Court, convey the faid Proxies to Hartford, and deliver them at the Election, as they shall be ordered, to those Perions who are appointed to receive, fort and count the faid Votes.

Governor to

And at the Time of the Election (the Governor and Lieutenant-Governor being firft chofen and declared) those standing in Nomination fhall be put to Gov. and Lt. Election in the fame Order as they are propounded; after which thofe twelve be first choPerfons who shall have the greatest Number of Votes, fhall be the Affiftants fen and deof this State for the Year then enfuing; and fhall be fo declared accordingly. clared, and And alfo Declaration fhall be made of the choice of the Treafurer and Secre- then the affiftary.

tants.

Penalty on

And if any Perfon that is not a Freeman of this State, admitted and fworn according to Law, fhall prefume to vote or give in his Proxy in the Election of, any of the Members of the General Affembly; or if any Freeman fhall put fuch as vote in above one Vote or Proxy for one Perfon at the fame Election to one Office, who are not he hall pay a fine of five Pounds, to the public Treafury of this State.

qualified,&c.

« ZurückWeiter »