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Abftract and Declaration of Rights, &c.

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ACTS AND LAW S,

Paffed by the GENERAL ASSEMBLY of the State of

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An Act containing an Abftract and Declaration of the Rights and Privileges of the People of this State, and fecuring

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THE People of this State, being by the Providence of God, free and independent, have the fole and exclufive Right of governing themselves as a free, fovereign, and independent State; and having from their Ancestors derived a free and excellent Conftitution of Government, whereby the Legislature depends on the free and Preamble annual Election of the People, they have the beft. Security for the Prefervation of their civil and religious Rights and Liberties. And forasmuch as the free Fruitien of Juch Liberties and Privileges as Humanity, Civility and Chriftianity call for, as is due to every Man in his t'lace and Proportion, without Impeachment, and Infringement, bath ever been, and will be the Tranquility and Stability of Churches and Commonwealths; and the denial thereof, the Disturbance, if not the Ruin of both.

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E it Enaded and Declared by the Governor, Council and Representatives,

the State

in General Court aflembled, and by the Authority of the jame, That the Conftitution ancient Form of Civil Government, contained in the Charter, from and name of Charles the Second, King of England, and adopted by the People of this State, fhall be and remain the Civil Constitution of this State, under the fole Authority of the People thereof, independent of any King or Prince whatever, And that this Republic is, and fhall forever be and remain, a free, fovereign and independent State, by the Name of the STATE OF CONNECTICUT

And be it furtherken away: No Man's Honor or good Name fhall be General fe.

And be it further Enacted and Declared by the Authority aforefaid, That no Man's Life thall be flained: No Man's Perfon fhall be arrested, restrained, Banifhed, difmember-curity of the ed, nor any ways punished: No Man shall be deprived of his Wife or people.

rights of the

2

ice to be

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Children: No Man's Goods or Eftate fhall 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 Inhabitants of this or any other of the United States of Equal juft- America, and Foreigners in Amity with this State, fhall enjoy the fame Juftice and Law within this State, which is general for the State, in all Cafes, proper for the Cognizance of the Civil Authority and Courts of Judicature within the fame, and that without Partiality or Delay.

adminiftred

No perfon

tobe impri

foned with

And that no Man's Perfon fhall be reftrained, or imprisoned, by any Authority whatfoever, before the Law hath fentenced him thereunto if he can and will give fufficient Security, Bail, or Mainprize for his Appearance and good out law--& Behaviour in the mean Time, unlefs it be for Capital Crimes, Contempt in bailable in open Court or in fuch Cafes wherein fome exprefs Law doth allow of, or order all cafes, ex the fame. cept, &c.

Writs abat

mendable

on payment of cofts.

An Act relating to the abatement and amendment of Writs, reverfal of Judgments, &c.

BE

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the jame, That when any Plea fhall be ed, and a- made in abatement or any Writ or Procels, before the Superior or County Court, or before any Affiftant or Juftice of the Peace, that if it be ruled in favour of the Defendant, the Plaintiff fhall have Liberty to amend that Defect, on his paying down to the Defendant his Cofts to that Time; and then to proceed as ne might have done it no fuch Defect had been: And in cafe the Defendant appeal from a Judgment given on Pleas of Abatement, and fhall not make good his Plea, by the augment of that Court to which he appeals, Cofts ihail by tuch Court be awarded against him, however the Cale fhall nnally flue, and Execution granted for the fame.

No writ a

And be it further enacted by the Authority aforefaid, That no Writ, Pleadding, judgment, or any kind of Proceeding in Court or courie of Justice, fhail bateable for be avated, uipended or reverted for any kind of circumltantial Errors, Milcircumitan- takes or Defects, if the Perion and the Cause may be thereby rightly undertial error. Mood and intended by the Court. ̧å så

not abate

And be it further enacted by the Authority aforesaid, That when any Action being commenced than be depending in any of the Superior of County Courts in this State, and the Plaintiff in lucn Action thall afterward, and before final Death of the judgment thereon die, the fame shall not abate if the Action might originally party fhall be proiecuted by his Executor or Adminiitrator, but in fuch Cate the Executors or Administrators may enter, if they lee Caule, and protecute the fame. And the writ, in it the Defendant in any Action die, after the fame is commenced and depending cafe origi- as arorelaid, and before final judgment, then the fame shall not abate, il luca cutable by Action might be originally profecuted against his Executors or, Administrators, or against and the Plaintiff, of the Executor or Adminiftrator of Tuch Piainuff may in the execu- fuch Cate, have a Scire Facias against the Executors or Adminiftrators of fuch tors, &c. deceated Defendant, to fhew Caule why Judgment fhall not be rendered against them ; which being duly ferved, at least twelve Days before the Court, to which the lame is returnable, and returned, the Action fhall proceed to final life according to Law.

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And be it further Enacted, That if in any Action commenced, there be two or more Plaintiffs or Defendants, and one or more of them die, pending the

Age.

Actions civil.

3.

Suit, if the caule of Action furvive to the furviving Plaintiff or Plaintiffs, Writ not to or against the furviving Defendant or Defendants, the Writ or Action thall not abate by the abate; but fuch Death being fuggefted upon the Record, the Action all proceed, one of the

An Act relating to the

Perfons.

the Age, Ability and Capacity of

Age,

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

death of

parties, &c.

Age for dif

of Twenty-one Years, of right Understanding and Memory, whether ex- real eftate pofing of communicated or other, (not otherwife legally incapable) fhall have full by will, &c. Power, Authority and Liberty to make their Wills and Teftaments, and all other lawful Alienations of their Lands and other Eltates; and to give their Age for dif Vote, Verdict or Sentence in any Matter or Caule. And all fuch Perfons pofing of of the Age of Seventeen Years, fhall have Power and Authority to cifpofe of perfonal etheir perfonal Eftate, by Will or Teftament. And the Age for choofing State: And Guardians, fhall be fourteen Years for Male, and twelve Years for female for choosing Children.

guardians.

Provided nevertheless, That fuch Perfons' as are condemned to Death, the Provifo. Charges of their Profecution, imprisonment and Execution being first answered and paid out of their Ellate, the remainder thereof shall be difpofed of according to Law.

And in order to avoid Perpetuities, it is hereby provided, That no Eftate, either in Fee-Simple, Fee- Lail, or any leffer Eitate, fhall be given by Deed Provifo, to or Will to any Perion or Pertons but fuch as are in Being, or to the im- prevent per mediate Iffue, or Defcendants of luch as are in Being at the Time of making petuities. fuch Deed or Will. And that all Eftates given in Tail, fhall be and remain an abfolute Estate in Fee-Simple, to the Iffue of the first Donee in

Tail.

An Act for the directing and regulating of Civil Actions. BE E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the ordinary Process in Civil Actions in this State, thall be a Summons or an Attachment, fairly Ordinary process written, figned by a Magiitrate, Justice of the Peace, or Clerk of the Court, what. mentioning the Court, the Time and Place of Appearance.; therein alfo containing a Declaration of the Subftance of the Action: Which Attachments may be granted against the Goods or Chattels of the Defendant; and for want of them, the Lands or Perfon of the Defendant may be attached: Provided, How ferved the Plantiff when he prays out an Attachment, gives fufficient Security to profecute his Action to Effect, and answer all Damages in cafe he makes not his Piea good. And like Security thall be given by fome fubftantial Inhabitant of this State, on granting a Summon, when the Plaintiff is not an Inhabitant of this State; or if it fhall appear to the Authority figning the fame, that the Plaintiff is unable to pay the coft of Profecution, if recovered against him. And all Writs and Proceffes fhall be directed to the Sheriff, his Deputy, or fome Conftable, if fuch Officer can be had without great Charge or Inconvenience : And in every Cafe wherein the Authority figning a Writ fhall find it neceffary to direct the fame to an Indifferent Perfon, tuch Authority fhall infert the Name of the Indifferent Perfon in the direction of the Writ, and the Reason of fuch Direction; and if any Writ be otherwife directed, it shall abate.

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Provifo.

perior or

Action's Civil.

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

12 days noAnd that no Person shall be required to make Answer in any Civil Actio" tice for fu- real, perfonal or mixt, except the Writ or Process, if returnable to the Superior or County Court, hath been ferved upon him at least twelve Days inclufive, before the Day of the Court's fitting: Or if returnable to an Affiftant or Juftice, 6 days be- the fame hath been ferved fix Days inclufive, as aforefaid: Which Service shall Defore juftices be, if a Summons, by reading the fame in the hearing of the Defendant or

County courts.

court.

of the acti

fendants, or leaving an attefted Copy thereof at the Place or Places of his or their usual Abode: But if an Attachment, the fervice fhall be the attaching the Defendant or Defendants Eltate 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 fuch Writs as are made returnable to the County Courts, fhall be returned to the Clerks of faid Courts on the Day before the fitting of fuch County Courts, and not afterwards. That in cafe any Process be duly ferved on any Defendant or Defendants, and return thereof made to the Court to which the fame is made returnable, then if fuch Defendant or Defendants do not appear, his or their Default shall be recorded, and Judgment entered up against him or them thereupon; unless he or they fhall come into Court, on or before the second Day of the fitting of faid Court, and move for a Trial, in which cafe he or they shall be admitted thereto, upon paying down to the adverfe Party the Cofts to that Time; and the Plaintiff thall pay for entering the Action a-new,

But if the Party against whom Suit is brought, is not an Inhabitant or a SoPerfons out journer in this State, or is Abfent out of the fame at the Time of commencing of the State fuch Suit, and doth not return before the first Day of the Court's fitting, the at the com- Judges of the Court where fuch. Suit is brought, fhall continue the Action to the mencement next Court; and if the Defendant doth not then appear, (by himself or Attoron against ney) and be fo remote that the Notice of fuch Suit depending, could not proba them and bly be conveyed to him during the Vacancy, the Judges at fuch next Court may do not re- further continue the Action to the Court thence next following, and no longer; turn before but may enter up Judgment on Default after fuch Continuance or Continuanthe fitting ces: And in fuch Cafes where Judgment fhall be entered up by Default after of the court fuch Continuances as aforefaid, Execution fhall be stayed and not iffue forth be continu- thereon until the Plaintiff shall have given or lodged with the Clerk, a Bond with one or more fufficient Sureties to the adverfe Party, in double the Value of the Estate or Sum secovered by fuch Judgment, to make Reftitution' and "to refund and pay back fuch Sum ás fhall be given in Debt or Damage, or so much as fhall be recovered upon a Suit therefor; to be brought within twelve Months next after entering up the first Judgment: If upon fuch Suit the Judgment thall be reversed, annulled or altered, the Security aforefaid to be no farther anfwer. able than for the Recovery that shall be made upon fuch Suit to be had within twelve Months, as aforefaid.

actions to

ed, &c.

Provifo.

10

Provided alfo, That no real Estate taken in Execution, granted upon fuch firft Judgment, fhall be alienated or paffed 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 Reftitution, as aforefaid.

on joint

contracts, fervice on

That in Actions on joint Securities, or Contracts, when all the Defendthofe with- ants are not Inhabitants of this State, the Service of the Procefs on such intheState, of the Defendants as are Inhabitants of this State (if any)' fhall be fufficient gain all. Notice to maintain the Suit against all the Defendants. And if any fuch

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Actions Civil,

Defendant on whom the Procefs was not ferved is aggrieved by the Judgment, he may be relieved by Aadita Querela.

3

Non-fuit and

Be it further enacted by the Authority aforesaid, That any Perfon who hath entered an action to be tried in any Court, being called three Times (after twelve of the Clock on the first Day of the Court's fitting) fhall not appear, withdraw either by himself or Attorney, to profecute his Action, he fhall be non-fuited, how & when and pay all Colts and Charges to the Defendant, and for the entry of the Acti- made... on, as if the fame had been profecuted in fuch Court. And that the Plaintiff

in all Actions brought to any Court, fhall have Liberty to withdraw his Acti- Title of Land on, or to non-fuit himself, before the Jury have given in their Verdict: In to be tried in which cafe he shall pay full Cofts to the Defendant; and may afterwards renew the County his Suit at another Court; the former Withdraw or Non-fuit being first recorded.

where the Land lies:

All other Ac

the Parties

And be it further enacted 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 cerned, shall be tried in the fame County where the Land lies, or Facts one or both are done concerning which the Title of Land may be in Queftion. And that live, and all all other Actions that may be brought before the Superior or County Courts, Actions befhall be brought and tried in that County where the Plaintiff or Defendant fore an Affift.. dwells, if they or either of them are Inhabitants within this State. And ant or Jufthat all Suits and Profecutions cognizable before an Affiftant, or Juftice of the tice, in the Peace, fhall be made and profecuted before fuch Authority in thofe Towns only one of the where the Plaintiff or Defendant dwells; unless there be no Authority which Parties live, may lawfully try the Caufe in either of the faid Towns: In which cafe the if within this Plaintiff may bring his Suit before an Affiftant or Juftice of the Peace in one of State. the next adjoining Towns to the Place of his Abode.

Town where

not concern

Juftices Jurifdiction to ex. And be it further enacted by the Authority aforejaid. That all Caufes where- tend to £4 in the Title of Land is not concerned, and wherein the Debt, Trefpafs, Da- where the Timage or other Matter in Demand, doth not exceed Four Pounds, or if the Acti- tle of Land is on be on Bond or Note given for the payment of Money or Bills of Credit only, vouched by two Witneffes, when the Sum demanded does not exceed Ten Pounds, L.10 on Bond fhall and may be heard and determined by any one Affiftant or Justice of the or Note,witPeace; who are hereby refpectively empowered to hear and determine the neffed with fame, by their Difcretion and according to Law, and award Execution two Witneff

thereon.

ed, and to

es

Always provided, That where the Sum demanded fhall exceed the Sum of Forty Shillings, an Appeal shall be allowed to the next County Court, except in Provifo. Actions brought on Notes of Hand or Bond, vouched by two Witnesses as aforefaid, in which Cafe no Appeal fhall be allowed.

Matters of

termineMat

And all Actions that shall be tried before the Superior or County Courts, when iffue is joined on any Matter of Fact, fhall be tried by a Jury of twelve Jury to try Men of the Neighbourhood, qualified, impannelled, and fworn according Fact. to Law, who shall find the Matter in Iffue, with the Debt or Damages, and Coft according to Law and their Evidence; and the Judges fhall make up and declare the Sentence thereon: And every Cafe wherein the Parties fhall join in Demurrer in Law, fhall be heard and determined by the Judges; Judges to deand 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 fhall determine fuch Matter of Equity: And if upon a Bond with Condi tions, the Breach of which may happen at feveral Times, a Suit be brought on the first Breach of fuch Condition, the Court upon the forfeiture of such Bond, found on Trial, Demurrer, Confeffion or otherwife, fhall, on Motion rade for that Purpose, proceed to confider what is due in Equity on such Bond at that Time, and enter up Judgment for the same, with Cofts, and award Execution thereon.

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