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ACTS AND LAWS,

Man's Life ihalt be a cred, and Declared by the Authority aforesaid, That no

Abstract and Declaration of Rights, &c.

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Passed by the GENERAL ASSEMBLY of the State of

CONNECTICUT.
An Act containing an Abstract and Declaration of the Rights

and Privileges of the People of this State, and securing

the fame.
THE People of this state, being by the Providence of God, free and independent,

bave the fole and exclufve Rigbt of governing themselves as a force, sovereiga, and independent Stute ; and baving from their anceftoris derived a free and excellear Conftitution of Government, whereby.sbe Legislature depends on ibe free and Preambla annual Election of the People, they have the best. Sucuping for the Prefervation of ibeir civil and religious Rigbts and Liberries. And fonalmuch as the free Fruiti. en of such Liberties and Privileges as Humanity, Civility and Ghriftianity.call for, as is due to every Man in bis t'lace and Proportion, without Impeachment and Infringement, bath ever been, and will be ibe

. Tranquility and Stability of Churibes and Commonwealths; and the denial thereofo ipe Disturbance, if not. ibe Ruin of borb.

10). E it Enard and Declared by the Governor, Council.erd. Representatives, in General Court afsembled, and by the Authority of the jame, That the Constitution

ancient Form of Civil Government, contained in the Charter from the State Charles the Second, King of England, and adopted by the People of this state, Thall be and remain the Civil Conftitution of this State, under the fole Authorify of the People thereof, independent of any king or Prince, whatever, And that this Republic is, and shall forever be and remain, a free, sovereign and independent State, by the Name of the STATE OF CONNECTICUT it , ,

away! No Man's Honor or good Name shall be General se. Hained : No Man's Person shall be arrested, retrained, banished, dismember. curity of the ed, nor any ways punished : No Man fhall be deprived of his Wite or people.

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Abatement and amendment of Writs.

laall Children : No Man's Goods or Eftate shall be taken away from him, nor any ways indamaged under the colour of Law, or countenance of Authority; unless clearly warranted by the Laws of this State.

That all the free Inbabitants of this or any other of the United States of

America, and foreigners in Amity with this state, shall enjoy the same Juftice adminiftred and Law within this State, which is general for the State, in all Cales, proper

for the Cognizance of the Civil Authority and Courts of Judicature within the lame, and that without Partiality or Delay,

And that no Man's Person shall be restrained, or in prisoned, by any AuthoNo person rity whatsoever, before the Law hath sentenced him thereunto if he can and Loned with will give fufficient Security, Bail, or Mainprize for his Appearance and good out law--& Behaviour in the mean Time, unless it be for Capita! Crimes, Contempt in bailable in open Courtror in such Cases wherein some express Law doth allow of, or order all cases, ex. the same.

cept, &c.

An Act reļating to the abatement and amendinent of Wrics,

reversal of Judgments, &c. BA

E it ena&ted by the Governor, Council and Representatives, in General Court Writs abat ajjembled, and by obe Authority of the jame, That when any Plea thall be ed, and a- niade 11 abatement or any Writ or Process, befoie int Superior or County mendable

Court, or before any Ailitant or Justice of the Peace, that if it be ruled in faon payment of costs.

vour of the Defendant, the Plaintiff shall have Liberty to amend that Defect, on his paying down to the Defendant his Cotts to thai Time ; and then to proçeed as ne might have done it no luch Detect had been : And in cale the Deten. dant appeal trom a judgment given on Pleas of Abatement, and thall not make good his Plea, by the faugment of that Court to which he appeais, Coits Thall by tuch Court be awarded against him, however the Caie ihali analiy issue, and Execution granted for the lame.

And be it further inatied by the Autbority a forefaid, That no Writ, PieadNo writ a

ding, judgmtat, or any kihu of Proceeding in court or courie of justice, thail be

avarca, juspended or reveried for any kind of circumltantial Errors, mil. circumstan-cakes, or Detects, it the Perion and the Cause may be thereby rightly undertial error.

Moou anu iuteaded by the Court.

And be it further enacted by the Authority aforesaid, That when any Action being commenceà inan be depending in any ut ine Superior or County Courts

in this state, and the Plaintint in lucn Action thall afterward, and before final Death of the judgment thereon die, the name ihall not abace if the Action might originally party shall be proiecuted by his Executor or Administrator, but in tuch Cale che Executors

or Adminstrators may enter, if they lee Caute, and protecute the lame. And the writ, in

If the Deienaant in any Action die, after qne lame is commenced and depending case originally prose

as arorelaid, and-betore final Juáğment, itien the same shall pot abate, it iuca cutable by Action might be ongenauy profecuted against his Executors or, Administrators, or against and the Piactitt, of the Executor or Adminiftrator of lùch Piainuff

may in the execu- luch Cale, have a Scirt Facias against the Execators or Administrators of luch tors, &c.

decealed Detendant, to fhew Caule' why Judgment shall not be rendered againit them ; which being dùly terved, at-tealt cwtive Days before the Court, to · which the lamé is returnable, and returned, the Action thall proceed to final issue according to Law...

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And be it furiber Enacted, That if in an y A&tion commenced, there be two por more Plaintifts or Defendants, and one or more of them dic, pending the

Age.

Actions civil.

3

death of one of the

Suit, if the caule of A&tion survive to the surviving Plaintiff or Plaiøriffs, Writ not to ör against the surviving Defendant or Defendanes, the Writ or Action thall not abatt bythe abate ; but such Death being fuzzeiled upon the Record, the Action An all proceed.

parties, &c. An Ac relating to the Age, ability

the Age, Ability and Capacity of Persons.

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

Age for disa of twenty-one Years, of right Understanding and Memory; whether ex- real estato communicated or other, (not otherwise legally incapable) mail have full by will, &c. Power, Authority and Liberty to make their Wills and Teliainents, and all cther lawful Alienations of their Lands and other Ellaces; and to give their Age for dirVote, Verdiet or Sentence in any Matter or Caule. And all tuch Perfons posing of of the Age of Seventeen Years, shall have Power and Authority to vispose of personale their personal Estate, by Will or Teftament. And the Aye for choosing ftate: And Guardians, shall be fourteen Years for Maie,' and twelve Years for female

for choosing

guardians. Children. Provided nevertheless, That such Persons“ as are condemned to Death, the

Proyiso. Charges of their Profecurion, imprisonment and Execution being first answered and paid out of their Ellate, the remainder thereof Mall be dilpoled of according to Law.

and in order to avoid Perperuities, it is bereby provided, That no Eitate, either in Fee-Simple, fee-Tail, or any leffer Eltate, shall be given by Deed Proviso, to Dr Will to any Perion or Persons but fuch as are in Being, or to the im- prevent per mediate Ifsue, or Descendants of tuch as are in Being at the time of making petuities. luch Deed or Will. And thac all Eftates given in Tail, shall be and remain an absolute Eitate in Fee-Simple, to the issue of the fiift Donee in Tail.

An Act for the directing and regulating of Civil A&tions.

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

afsemblea, and by tbe Authority of the fame, That the ordinary Process in Civil A&tions in this State, thall be a Summons' or an Attachment, fairly Ordinary written, ägned by a Magiftrate, Jultice of the Peace, or Clerk of the Court,

process

what. mentioning the Court, the time and Place of Appearance.; therein also concaining a Declaration of the Subitance of the Action : Which Attachments may be granted against the Goods or Chartels of the Defendant; and for want of them, the Lands or Person of the Defendant may be attached : Provided, How scroca the Piantiff when he prays out an Attachment, gives sufficient Security to profecuse his Action to Effect, and answer all Damages in case he makes not his Piea good. And like Security thall be given by some fubftantial Inhabitant of this State, on granting a Summon, when the plaintiff is not an Inhabitant of this State ; or if it fall appear to the Authority 'signing the same, that the Plaintiff is unable to pay the coft of Prosecution, if recovered against him. And all Writs and Processes shall be directed to the Sheriff

, his Deputy, or some Constable, if such Officer can be had without great Charge or Inconvenience : And in every Case wherein the Authority ligning a Writ shall find it necessary to direct the same to an Indifferent Person, luch Authority shall insert the Name of the Indifferent Perfon in the direction of the Writ, and the Reason of such Direction ; and if any Wric be, oherwise directed, it shall abate,

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? Provided nevertheless, Nothing herein thall extend to affect Summons's for Proviso. Witnesses, Warrants to Collectors of Rates, or Warrants granted by Military

officers. 1 12 days no- . And that no Person shall be required to make Answer in any Civil Actio": tice for fu- real, personal or mixt, exceps the Writ or Process, if returnable to the Superior or

or County Court, hath been served upon him at least twelve Days inclusive, becounty courts. fore the Day of the Court's fitting : Or if returnable to an Afiftant or Justice, 6 days be the same hath been served fix Days inclusive, as aforesaid : Which Service shall fore justices be, if a Summons, by reading the same in the hearing of the Defendant or Decourt.

fendants, or leaving an attested Copy thereof at the Place or Places of his or their usual Abode : But if an Attachment, the service shall be the attaching the Defendant or Defendants Estate or Person, and giving him Notice by reading the Writ to him or within his hearing, or by leaving an attefted Copy thereof at the Place of his usual Abode, if that be within this State : And that all such Writs as are made returnable to the County Courts, shall be returned to the Clerks of said Courts on the Day before the fitting of such County Courts, and not afterwards. That in case any Process be duly served on any Defendant or Defendants, and return thereof made to the Court to which the fame is made returnable, then if such Defendant or Defendants do not appear, his or their Default shall be recorded, and Judgment entered up against him or them thereopon ; unless he or they shall come into Court, on or before the second Day of the fitting of said Court, and move for a Trial, in which case he or they shall be admitted thereto, upon paying down to the adverse Party the Colts to that Time ; and the Plaintiff shall pay for entering the Action a-new.

But if the Party against whom Suit is brought, is not an Inhabitant or a So

journer in this State, or is Ablent out of the fame at the Time of commencing of the State luch Suit, and doth not return before the first Day of the Court's furing, the at the com- Judges of the Court where such Suit is brought, - fhall continue the A&tion to the mencement

next Court; and if the Defendant doch not then appear, (by himself or Attorof the acti. on againit ney) and be so remote that the Notice of such Suit depending, could not probae them and bly be conveyed to him during the Vacancy, the Judges at Yuch next Court may do not re- further continue the Action co the Court thence next following, and no longer ; turn before but may enter up Judgment on Default after fuch Continuance or Continuan. the fitting

ces: And in such Cales where Judgment shall be entered up by Default after of the court actions to

such Continuances as aforesaid, Execution shall be ftayed and not issue forth, be continu- thereon until the Plaintiff shall have given or lodged with the Clerk, a' Bond ed, &c. with one or more fufficient Sureties to the adverse Party, in double the Value

of the Estate or Sum stcovered by such Judgment, to make Restitution and to refund and pay back fach Sum as fhall be given in Debt or Damage, or so much as shall be recovered upon a Suit therefor; to be brought within twelve Months next after en sering up the first Judgment: If upon fuch Suit the Judgment shall be reversed, annulles or altered, the Security aforesaid to be no farther answer. able than for the Recovery chat shall be made upon such Suit to be had within

twelve Months, as aforesaid. Proviso. Provided also, That no real Estate taken in Execution, granted upon

such first Judgment, shall be alienated or passed away, until after the Expira.

tion of the faid twelve Months, or after a new Trial had on a Suit brought In actions within the space of twelve Months for the obtaining of Reditucion, as on joint aforesaid. contracts, service on That in A&tions on joint Securities, or Contracts, 'when all the Defend. those with intheState,

ants are not Inhabitants of this Stace, the Service of the Process on such good a.

of the Defendants as are Inhabitants of this State (if any)' fhalt bé sufficient gain all. Notice to maintain the Suit against all the Defendants. And if any such

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Defendant on whom the Process was not served is aggrieved by the Judgment, he may be relieved by Andita Querela.

Be it further enacted by the Authority aforesaid, That any person who hath entered an Adion to be tried in any Court, being called three Times (after twelve of the Clock on the first Day of the Court's fitting) shall not appear, Withdraw

Non-Suit and either by himself or Attorney, to prosecute his Action, he shall be non-fuited, how & when and pay all Coits and Charges to the Defendant, and for the entry of the Aai- made. .. ön, as if the same had been prosecuted in such Court. And that the Plaintiff in all Acions brought to any Court, shall have Liberty to withdraw bis Adi- Title of Land on, or to non-suit himself, before the jury have given in their Verdiæ : In to be tried in which case he shall pay full Cofts to the Défendant; and may afterwards renew the County bis Suit at another Court; the former Withdraw or Non-fuit being firit where the

: recorded.

All other AcAnd be it further ena&ted by the Authority aforesaid, That all Suits brought tions in the for the Trial of the Title

of Land, or wherein the title of Land is con- Countywhere terned, shall be tried in the fame County where the Land lies, or Fa&ts one or both

the Parties are done concerning which the Title of Ļand may be in Question. And that

live, and all all other Actions that may be brought before the superior of County Courts, Actions beThall be brought and tried in that County where the plaintiff or Defendant fore an Alliit-. dwells, if they or either of them are inhabitants within this State. And ant or Jurthat all Suits and Prosecutions cognizable before an Affant, or Juftice of the tice in the Peace, shall be made and prosecuted before such Authority in those Towns only one where the Plaintiff or Defendant dwells ; unless there be no Authority which Parties live, may lawfully try the Cause in either of the raid Towns : In which cafe the if within this Plaintiff may bring his Suit before an Afiftant or Justice of the Peace in one of State. the next adjoining Towns to the Place of his Abode.

Justices Juris

diction to ex. And be it further ena&ted by the Authority aforejaid. That all Causes where- tend to 4.4 in the Title of Land is not concerged, and wherein the Debt, Trespass, Da- wherethetimaze or other Matter in Demand, doth not exceed Four Pounds, or if the Acti- tle of Land is bn be on Bond or Note given for the payment of Money or Bills of Credit only,

ed, and to vouched by two Witneffes, when the Sum demanded does not exceed Ten Pounds, 4.10 onBond Thall and may be heard and determined by any one Aliftant or Justice of the or Note,witPeace; who are hereby refpe&tively empowered to hear and determine the nessed with fame, by their Discretion and according to Law, and award Execution two Witnessthereon.

Always provided, That where the Sam demanded shall exceed the Sum of Forty Shillings, an Appeal shall be allowed to the next County Court, except in

Proviso. A&ions brought on Notes of Hand or Bond, vouched by two Witnesses as afore. said, in which Case no Appeal shall be allowed.

And all Actions that fåll be tried before the Superior or County Courts, when issue is joined on any Matter of fact, shall be tried by a Jury of twelve Lury to try

of Men of the Neighbourhood, qualified, impannelled, and sworn according

Fact. to Law, who shall find the Matter in Issue, with the Debt or Damages, and Coft according to Law and their Evidence; and the Judges thall make up and declare the Sentence thereon : And every Case wherein the Parties shall join in Demerrer in Law, shall be heard and determined by the Judges;

Judges to de

termineMatand if there be any Matter of apparent Equity, as upon the forfeiture of a ters of Law, Bond or Obligation, or breach of Covenant without Damage, or the like, the &c. Judges shall determine such Matter of Equity: And if upon a Bond with Condi. tions, the Breach of which may happen at several Times, a Suit be brought on the firft Breach of such Condition, the Court upon the forfeiture of such Bond, found on Trial, Demurrer, Confession or otherwise, mall, on Motion Irade for thar Purpose, proceed to consider what is due in Equity on fach Dond at that time, and enter up Judgment for the same, with Costs, and award Execution thereon.

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