Abbildungen der Seite
PDF
EPUB
[merged small][ocr errors]

And if it be found on fuch Enquiry, that a forceable Entry hath been made into Houses, Lands, Tenements or other Poffeffions; or that the fame are held Lands, &e. with Force, then fuch Affiftants or Juftices fhall caufe the fame House, Lands, to be re-feiTenements, or Poffethions to be re-feized, and the Party to be again put into fed. the Poffeffion thereof, who in fuch Manner was put, or held out of the fame.

And in fuch Cafes where the Nature of the Facts are Cognizable before fuch Authority, the faid Authority fhall alfo Tax Bills of Coft against fuch Perfons Bills of coft. as before them shall be Convicted of Forceable Entry or Detainer.

And in Cafe the Perfon complained of is found not guilty, fhall tax Coft a- Perfons not gainst the Complainant, and grant Execution thereon accordingly.

And to the End that Enquiry may be made as aforejaid.

guilty.

Be it further enacted by the Authority aforefaid, That fuch Affiftants or Juftices fhall make out their Warrants or Precepts directed to the Sheriff of the 18 perfons fame County, or his Deputy, commanding him on behalf of the State, to cause to be fumto come before them eighteen fufficient and indifferent Perfons, dwelling near moned to unto the Houfe, Lands, Tenements or other Poffeffions fo entered upon, or held make enquias aforefaid; whereof Fourteen (at leaft) fhall be impannelled to enquire in Y, &c. that Behalf; each of whom shall have a freehold Estate rated in the common Lift at Fifty Shillings at the leaft, who fhall be fworn by fuch Affiftants or Juftices, well and truly to enquire of fuch forceable Entry, or forceable Detainer; and to return a true Verdict according to their Evidence.

in'd 51. on

Sheriff to be

And if the Sheriff thall make Default in not duly executing fuch Warrant or Precept to him directed, he shall be fined or amerced the Sum of Five Pounds his default. for every Default.

And Jurors

And every Juror legally fummoned making his Default by Non-appearance, xos. on fhall pay a Fine of Ten Shillings.

theirs.

That when it fhall fo happen that the Sheriff is either a Party, or ftands in the Sheriff beRelation of Father or Son, by Nature or Marriage, or of a Brother in the like ing a party Kind: Uncle or Nephew; Landlord or Tenant to either of the Parties; either or a relative, of the Constables of the Town where the Facts are faid to be done, not being in- a conftable to terested or related as aforefaid, fhall have in those Cafes all the Powers and Au. have his thorities that the Sheriffs in this Act above are vested with; and shall be under the fame Regulations, and in case of Default under the fame Penalties.

power.

And that any Affiftant or Affiftants, Juftice or Juftices holding fuch Court of Affiftants of juftices to Enquiry, may impofe a Fine on every Offender committing fuch Force, not impofe a fine exceeding the Sum of Twenty Shillings; and bind him or them to the good of 20s. bind Behaviour, and commit fuch Offender or Offenders to Prifon till he or they pay to good be fuch Fine, and find Sureties for his or their good Behaviour till the next Coun- haviour, or imprison of ty Court in that County, and then to appear: And if the Offence be aggravated fenders by any open or high handed Breach of Peace or otherwife, they may bind the Offenders over to appear at the next County Court in the fame County, to anfwer for the fame, who may increase the Fine according to the Aggravation or Circumftances of the Offence.

All faid fines

All Fines arifing by Virtue of this Act, to be to, and for the Use of the Coun- to the county ty Treasury. treasury.

And the Party grieved fhall recover treble Damages, and Cofts of Suit, by Party griev.. Action or Trefpaís against the Defendant or Defendants, if it be found by ed to recover Verdict, or in any other Manner by due Form of Law, that he or they entered treble dama into his Houfe, Lands, Tenements or other Poffeffions by Force, or after Entry ges. held the fame by Force.

Provided always, That this A&t fhall not extend to any Perfon or Perfons who have had the Occupation, or have been in the quiet Poffeffion of any Provifo. Houfes, Lands, Tenements or other Poffeffions for the space of three

82

Foreigners found ftrag

endeą

vouring to

or fhips, &c. Spying out

our coafts,&c

Foreigners, infidious, &c. Foreigners, rights fecured.

whole Years together next before; and his, her or their Eftate or Eftates theṛein is not ended or determined; any Thing to the contrary before in this Adin any wife notwithstanding.

An Act to prevent Foreigners carrying on infidious Designs or
Practices in this State.

[ocr errors]

Ei enacted by the Governor, Council and Representatives, in General Cour afembled, and by the Authority of the jame, That if any Foreigner thall and endea be found travelling or fraggling about in this State, endeavouring to corrupt the Indians or others, with falfe, dangerous and feditious Principles; or to fearch or corrupt, &c. fpy out the Country; or if they are fufpected to be carrying on any fuch evil Defigns: And if any foreign Ships or Veffels fhall come to fpy out our Coalls, or in fome clandeftine Manner to carry on illicit Trade; or hall appear underfuch Circumstances as to be juftly fufpected thereof; fuch Foreigners carrying on, or fufpected to be carrying on any fuch Practices; and the Captains, Malters, Officers or Seamen belonging to fuch foreign Ship or Veffel, may be apprehended by Order or Warrant from any Affiftant or Juftice of the Peace; or if the neceffity of the Cafe require it, by any Sheriff or Conftable without a Warrant, and brought before an Affiftant and two Juftices of the Peace, Quorum proceeded a- unus; and in Cafe no Affiftant or Juftice of the Quorum fhall live within ten gainst. Miles of the Place where fuch fufpected Perfon or Perfons shall be arrested, then he or they may be brought before any three Juftices of that County, who are hereby impowered and directed to examine him or them concerning the Mat, ters aforefaid; and upon his or their appearing to be guilty of any of the Crimes aforefaid, or jufily tufpected to be a dangerous Perfon or Perfons, fuch Authori ty are hereby authorized to take fuch Methods, and give fuch Orders concerning fuch Perion or Perfons, as effectually to prevent the Dangers and Mitchiefs that might otherwife arife from fuch Foreigners and fufpected Perlons, and fecure the Intereft of this State,

.how to be

And if diffi.

And if upon fuch Enquiry, the faid Authority fhall find the Matters to be atculties arife tended with great Difficulties, and judge it neceffary, they hall transmit the upon enquiry Cafe with the Examination and Evidences relating thereto, to the Governor or Commander in Chief, whose Orders and Directions therein they fhail observe for the Purposes aforefaid.

to be referred to the governor, &c.

Foreigners like to be come

chargeable, may be

transported,

&c. when, &c.

And any Foreigner refiding in this State, who may be likely to become chargeable to the State, or who is of an immoral and vicious Character, may by order of the County Court, or an Affiftant and Juftice of the Peace, or two Juftices Quorum unus, be tranfported to the Place of his legal Settlement, or to Home Place within the Jurifdiction of the State or Nation to which he belongs, whenever fuch Authority fhall judge it expedient, and that the Expence will not exceed the Advantages of fuch Tranfportation; which Expence fhall be paid out of the State Treafury, if the Perfon to be tranfported is unable to pay the fame.

An Act for fecuring to Foreigners in this State, their Rights, according to the Laws of Nations, and to prevent any Infractions of faid Laws.

BE it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Superior Court, and the feveral County Courts in this State (within their respective Limits) be, and they are hereby impowered and directed to proceed against

83

Foreigners, not to hold Land.

and punish all fuch Perfons as fhall be guilty of the Violation of any Safe Violaters of conduct or Puffport granted under the Authority of the Congress of the United fafe-guard, States of America, or under the Authority of this State, to the Subjects of any &c, to be foreign Power in Time of War.

punished.

And also against all fuch Perions as fhall be guilty of the Commiffion of any Acts of hoftiActs of Holtility against the Subjects of any Prince or Power in Amity, lity, &c. League, or Truce with the United States of America, or fuch as are within this State under a general implied Safe-Conduct.

Aad aifo against all fuch as fhall be guilty of any Violation or Infraction

&C.

of the immunities of Ambaffadors, or other public Miniftere, authorized and received as fuch by the United States in Congress affembled, or of any Violence Ambaffadors, offered to the Perions of fuch Amballadors or Minitters, their Houses, Carriages o: Property, under the Limitation allowed by the Laws and Ufages of Nations, or that shall any Ways moleft or difturb them in the free Exercife of their Religion.

And be it further enacted by the Authority aforefaid, That no Writ or Pro- No writ, &c. cefs fhall at any Time iflue, or be maintained against any fuch Ambaffador or maintainable public Minitter, authorized and received as aforefaid, or against his Goods or against amChattels, or against his domeftic Servant, whereby his Perion may be arrested, in any Civil Action,

baffadors

&c'

And be it further enacted by the Authority aferelaid, That the faid Courts refpectively be, and they are hereby authorized and impowered to hear, try Courts imand determine, by a Jury or otherwife (according to Law) any of the Matters powered to atorefaid, or any other Infractions or Violations of, or Offences against the try, &c. known, received and established Laws of civilized Nations, agreeable to the Laws of this State, or the Laws of Nations.

And be it further enacted by the Authority aforefaid, That if any Injury shall

to be redreff.

be offered and done by any Perfon or Perfons whatfoever, to any foreign Power, Injury aor to the Subjects thereof, either in their Perfons or Property, by Means gainft foreign whereof any Damage fhall or may in any wife arife, happen or accrue, either powers, &c. to any fuch foreign Power, to the faid United States, to this State, or to any ed. particular Perfon; the Perfon or Perfons offering or doing any fuch Injury, hall be liable to pay and answer all fuch Damages as fhall be occafioned thereby.

An Act to prevent Foreigners or Aliens purchasing, or holding

Lands in this State.

E it enacted by the Governor, Council and Representatives, in General Court No alien

not a Citizen or Inhabitant of this State, or one of the United States of America, fhall be capable of purchafing or holding any Lands within this State, without fpecial Licence from the General Assembly.

chase lands, &c. without special li.

cence.

Provided, That nothing in this Act fhall be conftrued to work a forfeiture of any Lands that belonged to any Subject of the King of Great-Britain before the late War, or to prevent the Proprietor of fuch Lands from felling and difpofing of the fame to any Inhabitant of any of the United States: Nor to Provifo. hinder the Subjects of the King of France from enjoying the Privileges and Benefits to which they are entitled by Virtue of the Treaty of Amity, made and ratified between his moft Chriftian Majefty; and the United States of America.

84

ed.

[ocr errors]

Forgery. Forms of Writs, &c.

An Act against Forgery.

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and by the Authority of the fame, That if any Perfon or Perfons fhall willingly and falsely forge and make, or caufe to be forged or Forgery made, or shall aid, abett, help or affift in the falfely forging and making any how punish- falfe Deed, Conveyance, Will, Teftament, Bond, Bill, Receipt, Releafe, Acquittance, Letter of Attorney, or any other Writting to prevent Equity and Juftice; fuch Perfon or Persons being thereof duly convicted, shall stand in the Pillory three feveral Lecture Days, or other Days of public Meeting; and render and pay to the Party or Parties injured thereby, double Damages, to be recovered by Action founded on this Statute; and shall also be rendered incapable, and be difenabled to give any Evidence ar Verdict in any Court, or before any Magiftrate or Justice of the Peace.

Forms of writs efta

BE

An Act prefcribing Forms of Writs, Proceffes, &c.

E it enacted by the Governor, Council and Representatives, in General Court aembled, and by the Authority of the fame, That the feveral Forms of Writs, Proceffes, &c. in Civil Caules, here under-written, be, and they are blished. hereby established to be the Forms to be used in this State, by the respective Officers therein, That is to fay;

Summons

before an affiftant or justice.

[ocr errors]

Summons for Appearance before an Affiftant or Juftice of Peace.

To the Sheriff of the County of H.
Conftables of the Town of G.

his Deputy, or to either of the within faid County, Greeting.

BY Authority of the State of Connecticut, you are hereby commanded to

fummon Á. B. of G, aforefaid, to appear before me J. H. Efq. Juftice of the Peace for the County aforefaid, at my Dwelling-Houfe in H. on the noon; then and there to anfwer

Day of

at of the Clock in the

to C. D. of W. in a Plea of

which is to the Damage of the faid C. D.

and he therefore brings this Suit. And of this Writ, with your Doings therein. make true return to me, at or before the faid

Dated at H. the

Day of

Shillings,

Day of
Annoque Domini,

J. H.

Attachment before an Assistant or Justice of the Peace.

To the Sheriff, &c.

Attachment BY Authority of the State of Connecticut, you are hereby commanded to

before an

affiftant or

juftice.

Pounds, and for want thereof to attach the Body of the faid A. B. (if he may be found in your Precincts) and him fafely keep, fo that he may be had before me J. H. Efq. Juftice of the Peace for the County aforefaid, at my Dwelling-Houfe, &c. (fufficient Bond for Profecution being given). Hereof fail not, and make due return of this Writ, with your Doings therein, &c.

The like for Summons and Attachments to the County Courts, Mutatis Mutandis.

An Execution granted by an Affiftant or Juftice of Peace.
To the Sheriff of the County of H. &c.

WHEREAS C.D. of W. on the
Efq. Justice of the Peace for the
Execution against A. B. of H. for the Sum of
granted by and for the Sum of
affiftant or Whereof Execution remains to be done.
juftice.

THE

Shillings,

Greeting. before me. J.H.

Day of
County aforefaid, recovered Judgment
Shillings,
Debt, (Damage)

Cofts of Suit, as appears of Record:

HESE are therefore, by Authority of the State of Connecticut, to command you, That of the Money of the faid A. B. or of his Goods or

Forms of Writs, &c.

Chattels within your Precincts, you cause to be levied, and (the fame being
difpofed of as the Law directs) paid and satisfied unto the faid C. D. the a-
forefaid Sums, being
Pounds,
Shillings, and Pence, in
the Whole; and also that out of the faid Monies, Goods or Chattels you levy
one Shilling more for this Writ, together with your own Fees.

And for want of fuch Money, Goods or Chattels of the faid A. B. to be by him fhewn unto you, or found within your Precincts, for fatisfying the aforefaid Sums you are hereby commanded to take the Body of the faid A. B. and him commit unto the keeper of the Gaol in H. in the County aforefaid, within the faid Prifon; who is likewife hereby commanded to receive the faid A: B. and him fafely keep, until he pay unto the faid C. D. the full Sums abovementioned, and be by him released, and alfo fàtisfy your Fees. Hereof fail not, and make due Return of this Writ, with your Doings therein, unto me the faid J. H. Efq. within fixty Days next coming.

Dated at H. this

Day of &c.

J. H.

Execution out of the Superior Court and County Courts, refpectively.
To the Sheriff of the County of H. &c.

Greeting

Tuesday

WHEREAS C. D. of W. recovered Judgment against A. B. of F. before the
Court, bolden at H. within the County aforefaid, on the
Pounds, Debt, (Damage) and

for the Sum of

of Shillings

mains to be done.

THESE

Pounds

Pence Cofts of Suit, as appears of Record: whereof Execution re

court.

85

Execution HESE are therefore, by the Authority of the State of Connecticut, to com- from fuperior mand you, That of the Goods, Chattels or Lands of the faid A. B. or county within your Precincts, you cause to be levied (and the fame being difpofed of, or appraised as the Law directs) paid and satisfied unto the faid C. D. the aforefaid Sums being

Shillings

Pounds

Shillings and Pence in the Whole; with more for this Writ, and thereof also to fatisfy yourself for your own Fees. And for want of fuch Goods, Chattels or Lands of the faid A. B. to be by him fhewn unto you, or found within your Precincts, to the acceptance of the faid C. D. for fatisfying the aforefaid Sums, you are hereby commanded to take the Body of the faid A. B. and him commit unto the keeper of the Goal in H. in the County aforesaid, within the said Prifon; who is likewife hereby commanded to receive the faid A. B. and him fafely to keep until he pay unto the faid C. D. the fall Sums above-mentioned, and be by him released, and alfo fatisfy your Fees. Hereof fail not, and make due return of this Writ, with your Doings therein, unto the faid Court to be holden at upon the Tuesday of next. Dated at H. &c. E. K. Clerk.

Summons or Sub-pœna for Witneffes.
To A. B. and C. D. &c.

BB Authority of the State of Connecticut, you holden at ly on the anded to commons

be F.

appear before the Tuesday of to testify what you know in a certain Action now depending in the faid Court, between E. F. of H. Plaintiff, and G. H. of M. Defend dant; in an Action of Hereof fail not, under the Penalty of the

Law in that Cafe provided. Dated at H. &c.

D. E. Clerk.

A Warrant of Replevin before the County Court.

To the Sheriff of F. &c.

Greeting.

BY Authority of the State to Cure to cut, you are hereby commanded,
juftly, and without delay, to cause to be replevied to T. C. of S. his
Beafts, viz.
now diftrained or impounded by S. H. of N. and
by him unjustly detained, as it is said
and you are to summon the

for witnesses.

Replevin

« ZurückWeiter »