86 Bond for profecution. Warrant for collecting town rates. Provifo. Forms of Writs, &c. faid S. H. to appear before the next County Court to be held at F. in and (the The like for a Writ of Replevin before an Affiftant or Juffice, Mitatis Mutandis. YOU C. S. and E. C. of H. acknowledge yourfelves jointly and feverally in a Recognizance of Pounds, That T. R. of W. fhall profecute the Attachment or Replevin He Bath now taken out against the faid J. L. at the next County Court to be holden at H, on next, to full Effect; and answer all Coft and Damages in Cafe he make not his Plea good. Taken and acknowledged in the Tuefday of H. the Day of, &c, Before me, J. W. Jaftice of Peace. A Warrant for collecting Rates. To A. E. Collector of the Town Rate of the Town of, &c. Greeting. BY Y Authority of the State of Connecticut, you are hereby commanded forthwith to levy and collect of the Perfons named in the annexed Lift, herewith committed to you, each one his feveral Proportion, as therein fet down, of the Sum total of fuch Lift; being a Tax or Affeffment granted and agreed upon by the Inhabitants of the faid Town of, &c. regularly affembled on the Day of for defraying of the neceffary Charges arifing within the fame; and to deliver and pay the Sum and Sums which you fhall fo levy and collect, unto the Treafurer of the faid Town, for to C D. being by faid Town appointed to receive the fame) at or before the Day of And if any Perfon or Perfons shall neglect or refuse to make Payment of the Sum or Sums whereat he or they are refpectively affeffed, and fet in the faid Lift, to distrain the Goods or Chattels of fuch Perfon or Perfons, and the fame dispose of as the Law directs; returning the Overplus (if any be) unto the Owner or Owners. And for Want of Goods and Chattels, whereon to make Distress, you are to take the Body or Bodies of the Perfon or Perfons fo refufing, and him or them commit unto the Keeper of the Gao! of the faid County, within the faid Prison; who is hereby commanded to receive and safely keep him or them, until he or they pay and fatisfy the said Sum or Sums affeffed upon him or them as aforefaid, together with your Fees; unless the said Affeffment, or any Part thereof, apon Application made to the County Court, fhall be abated. Dated at G. &c. · Alevass provided, and it is further enacted, That it shall be lawful for any Perfon or Perions within this-State, as often as Occafion fhall require, to make ufe of other and diverse Forms than what are before in this Act prescribed, se that the Substance of the Matter or Action be well contained shevein, according to Law. Fornication. Frauds & Perjuries. Fraudulent Conveyances. 87 An Act for the Punishment of Fornication E it enacted by the Governor, Council and Representatives, in General Court mit Fornication with any fingle Woman, upon due Conviction thereof, each of them fhall pay a Fine of thirty-three Shillings to the Treafury of the County in which fuch Conviction is; or be corporally punished by whipping, not exceeding ten Stripes each; at the Discretion of the County Court who fhall have Cognizance of faid Offence. An Act for Prevention of Frauds and Perjuries. Fine, 335. No fuit in ronny contract that fhall be made after the first day of Dec. charge any Βε E it enacted by the Governor, Council and Reprefentatives, in General Court law or equity affembled, and by the Authority of the fame, That no Suit in Law or Equity to be brought fhall be brought or maintained upon any Contract or Agreement that fhall be made after the firft Day of December, one Thouiand feven Hundred and Seventy-one, whereby to charge any Executor or Adminiftrator, upon any special Promife, to answer Damages out of his own Eltate; or whereby to charge the Defendant upon any special Promise to answer for the Debt, Default, or Mif- 1771, to carriages of another Perfon; or to charge any Perfon upon any Agreement executor,&c. made upon Confideration of Marriage; or upon any Contract, or Sale of Lands, upon any speTenements, or Hereditaments, or any Intereft in or concerning them; or up- cial promise. on any Agreement that is it to be performed within the Space of one Year from the making thereof; unless the Agreement upon which fuch Action shall be brought, or fome Memorandum or Note thereof fhall be made in Writing, and figned by the Party to be charged therewith, or some other Person thereunto by him lawfully authorized. or any contract, And be it further enacted by the Authority aforesaid, That no Suit in Law No fuit &c. to Equity fhall be brought or maintained upon any Contract or Agreement that fhall hereafter be made, and not reduced to writing as aforefaid, but within unlefs within three Years next after entering into, or making the fame, or on any fuch Con- three years, tract or Agreement herefore made, but within three Years next after a Right &c. of Action thereon fhall accrue; or if fuch Right of Action hath already accrued, fuch Suit fhall not be brought, but within three Years next after the first Day of June, one Thousand seven Hundred and Seventy-one. Provided, That nothing in this Act contained shall extend to any Action of Book Debt. B An A&t against Fraudulent Conveyances. Provifo. Fraudulent conveyances E it enacted by the Governor, Council and Representatives in General Court affembled, and by the Authority of the fame, That all fraudulent and deceitful Conveyances of Lands, Tenements, Hereditaments, Goods or Chat- void. tels; and all fuch Bonds, Suits, Judgments, Executions or Contracts, made to avoid any Debt or Duty of others, hall (as against the Party or Parties only, whofe Debt or Duty is fo endeavoured to be avoided, their Heirs, Executors or Affigns) be utterly void; any Pretence or feigned Confideration notwithftanding. And every of the Parties to fuch a fraudulent Conveyance, Bond, Suit, Judgment, Execution or Contract, who being privy thereunto, that fhall Penalty.wittingly justify the fame to be done, bona Fide and upon good Confideration: Or fhall alien and affign any Lands, Leafe, Goods or Chattels fo to them conveyed, as aforefaid, fhall forfeit one Year's Value of the Lands, 88 Town clerks to enroll the names of freemen. To be admitted in open meet ing. Qualifications. Select-men to certify. Penalty for giving a wrong certificate. Sup.court Freemen. Gaming. Leafe, Rents, Common, or other Profit out of the fame; and the whole Value of the Goods and Chattels, and alfo fo much Money as fhall be contained in fuch covenous Bend or Contracts; and being thereof convicted shall also suffer half a Year's Imprisonment without Bail: Which above Forfeitures fhall be equally divided between the Party grieved, and the County Treafurer; except the Purchaser make it appear by two fufficient Witneffes, that the Contract or Bargain was made bona Fide, and on good Confideration, before any Seifure made by the Creditor or Officer of the Eftate fo conveyed; and that it was without any Defign of Fraud to defeat the Creditor of his just Dues. An A&t relating to Freemen. E it enacted by the Governor, Council and Representatives, in General Court the feveral Towns in this State, fhall enroll in their respective Offices, the Names of all fuch Perfons in their refpective Towns, as are or fhall be admitted Freemen of this State: Which Enrolments fhall be made by the Direction of the Authority and Select-men of the Town, in the open Freemen's Meeting, legally affembled. That no Perfon hereafter be admitted, and made free of this State, but in the open Freemen's-Meeting of the Town whereto he belongs, regularly affembled. That all fuch Inhabitants in this State, as have accomplished the Age of Twenty-one Years, and have the Poffeflion of Free old Eftate to the Value of Forty Shillings per Annum, or Forty rounds perfonai Eftate in the general Lift of Eftates in that Year wherein they delire to be admitted Freemen; or are poffeffed of Eitate as aforefaid, and by Law excufed from putting it into the Lift; and also are Perfons of a quiet and peaceable Behaviour, and civil Converfation, may, if they defire it, on their procuring the Select-men of the Town wherein fuch Perfons inhabit, or the major Part of them, to certify that the faid Perfons are qualified as abovesaid, be admitted and made free of this State; in Cafe they take the Oath of Fidelity to the State, and the Oath provided by Law for Freemen; which Oaths any one Afliftant or Juftice of the Peace is hereby impowered to adminifter in faid Freeman's-Meeting. And all fuch Perfons admitted and fworn as aforefaid, fhall be Freemen of this State; and their Names fhall be enrolled in the Roll of Freemen in the Town-Clerk's Office of that Town wherein they are admitted, as aforefaid. And that when any Select-man shall give Certificate concerning any Perfon or Perfons who are defirous to be made Freemen, and shall certify that they are of peaceable and civil Converfation, and qualified according to this Act; if it fhall after appear that fuch Perfons are not qualified, as is certified by the Select-men, every Select-man that fhall certify as âforesaid, shall pay a Fine of Three Pounds fix Shillings, to the State Treasurer. And that if any Freeman of this State shall walk fcandalously, or commit any fcandalous Offence, it fhall be in the Power of the Superior Court in this State, may disfran- on Complaint thereof to them made, to disfranchize fuch Freeman; who fhall ftand disfranchized, till by his good Behaviour the faid Superior Court fhall fee Cause to restore him to his Franchisement or Freedom again: Which the faid Court is impowered to do. chife. An Act against Gaming. E it enacted by the Governor, Council and Representatives, in General Court afembled, and by the Authority of the jame, That if any Perfon or Gaols and Gaolers. 89 Persons in this State, of what Rank or Quality foever, fhall play at Cards, 20s. Penalty Dice or Tables; every fuch Perfon fhall pay a Fine of Twenty Shillings, for for playing every fuch Offence he or they fhall be convicted of. And the Head of every Family where any fuch Game is ufed, with his or her Privity or Confent, fhall pay in like Manner the Sum of Twenty Shillings for each Time any fuch Game is used in his or her House. cards, &c. 20s. Fine on families where gam ing is fuffer'd And whosoever thall fell any Playing-Cards in this State, or have any for Sale in his Poffeffion, or offer to fell any; every fuch Perfon shall pay a fine of Forty Penalty for Shillings, for every Pack of Cards by him fold, offered to Sale, or found in felling cards. his Poffeffion. Taverners And no Taverner, Inn-keeper, Ale-houfe-keeper or Victualler, fhall have, or keep in or about their Houses, or any of the Dependencies thereof, any Dice, Cards, Tables, Bowls, Shuffle board, Billiards, Coytes, Keils, Loggets or any other not to keep Implement used in Gaming; nor thall foffer any Perfon or Perfons reforting implements unto any of their Houfes, to ule or exercise any of the faid Games, or any other for gaming, unlawful Game within their faid Houses, or any of the Dependencies as afore- &c. on penfaid, or Places to them belonging, on pain of forfeiting the Sum of Forty Shil- alty of 40s. lings for every fuch Offence, upon the Conviction thereof. And every Person who shall be convicted of playing Cards, Dice or Tables in any fuch House, or the Dependencies thereof, fhall incur the fame Penalty as is before in this Act provided for playing at faid Games; and for playing at A Fine of 108 any of the other Games aforesaid, in any fuch Houte or Dependencies, fhall for gaming. pay a fine of Ten Shillings; one half of the Fines that fhall be recovered by virtue of this Act, fhall belong to any Perion or Perions who fhall difcover and give Information of the Offence; and the other half to the Treafury of the Town where the Offence is committed. And it fhall be the Duty of every Informing Officer, to enquire after, and prefent all Breaches of this Act that fhall come to their Knowledge. A gaol to be An Act for regulating Gaols and Gaolers. BE it enacted by the Gover or, Council and Representatives, in General Court kept in cach affembled, and by the Authority of the fame, That there fhall be kept and county. maintained, in good and fufficient Condition and Repair, a common Gaol in Two in Newevery County Town, in the ieveral Counties in this State. London And in the County of New-London, two fuch common Gaols, to wit, one in county. the Town of New-London, and the other in the Town of Norwich. detrayed. The whole Charge of Building (when there fhall be Occafion) and of keep- Charge how ing fuch Gaols in Repair, fhall be defrayed by the County to which the fame belongs. Amftants And that the Affiftants and Justices of the Peace in the feveral Counties, fhall and juftices have full Power; and they are hereby impowered, to tax the Inhabitants of to tax the their respective Counties, for building, repairing and furnishing the faid Gaols, county. as need fhall require, and from Time to Time to order, direct and take Care of the Building, and keep in Repair the faid Gaols. on collectors And the County Courts fhall appoint a Collector in each Town within their County court refpective Counties, to collect fuch Taxes; which Collectors fhall have the to appoint fame Powers and Fees as other Collectors of Taxes in this State have. And collectors, in cafe any Person so appointed a Collector, fhall refuse the fame, fuch Collector &c. Penalty fo refufing, fhall pay a fine of Forty Shillings, to the Treasurer of the County; for refufing unless excufed by the County Court. And faid Court is hereby authorized to to ferve. grant Execution to levy the fame accordingly, and to appoint another Collector, as often as there may be Occasion. And be it further enacted by the Authority aforesaid, That the refpective County treaf County Treasurers fhall give out their Warrants to fuch Collectors, to levy to iffue warand collect fuch Tax; and in cafe fuch Collectors fhall refuse or neglect to rants, &c. 90 County to build, &c. a court houfe, &c. Prisoners to bear their own charge, &c. Prifoners permitted to use their own neceffaries, &c. Prisonkeep piifoners,&c. Gaols and Gaolers. pay the fame into the County Treafury according to the Direction in such Warrant, the County Treafurer fhall, by Warrant under his Hand directed to fome proper Officer, make Distress on fuch Collectors Perfons or Eftates, for fatisfying fuch Sum or Sums as fhall remain unpaid of the Sum or Sums that faid Collector was ordered, by Warrant to him directed, to levy and collect. And whenever it shall be neceflary to build a new Court-Houfe, or to repair any fuch House in any County in this State, the Expence thereof shall be defrayed by the Inhabitants of fuch County; and the Taxes that may be necessary for that Purpose, fhall be laid and collected in Manner aforefaid. And be it further enacted by the Authority uforejaid, That all and every Perfon and Perions whatsoever, that shall be committed to the common Gaol within any County in this State, by lawful Authority, for any Offence or Mildemeanor, having Means and Ability thereto, fhall bear their own reasonable Charge for conveying, or fending them to the faid Gaol; and alfo the Charge of fuch as fhall be appointed to guard them thither; and alío their Support while in Gaol, before they are difcharged: And the Eftate of fuch Persons shall be fubjected to the Payment of fuch Charge: And for want of Estate, they may be difpofed of in Service, to answer the fame, according to a Law, entitled, "An Ad concerning Delinquents;" unless they fhall be freed from the Payment of faid Charge, agreeable to the direction of the Law aforefaid. That all Prifoners fhall be permitted to provide, and fend for their neceffary Food where they pleafe; and to ufe fuch Bedding, Linen, and other Neceffaries, as they think fit, without their being purloined, detained, or their paying for the fame. Neither fhall any Keeper of a common Gaol, demand of them greater Fees for their Commitment, Difcharge or Chamber Room than what is allowed by Law. And if any Keeper of a common Gaol shall do, or cause to be done to any ers not to in- Prifoner committed to his Cuftody, any Wrong or Injury, contrary to the true jure their Intent of this Act, he fhall pay treble Damages to the Party grieved; alio fuch Fine as the County Court of the County wherein the Offence is committed, upon Information or Complaint to them made, fhall (on confidering all Circumitances) think fit to impofe upon him. When al lowed to take the poor prifon. er's oath. That when any Perfon or Perfons are committed to Prifon, in any civil Matter or Action, the keeper of the Prison fhall not ftand charged with his or their Supply of Victuals, and other Neceffaries: And in Cafe the Prisoner hath no Estate, and will, and do take before an Affiftant or Juftice of the Peace, the following Oath, viz. YOU A. B. jolemnly fwear, that you have not any Eftate, real or perfonal_in Poffeffion, Reverfion, or Remainder, of the Value of Five Pounds in the Whole; or jufficient to pay the Debt or Damages for which you are imprisoned; and that you have not directly or indirectly fold, or otherwise disposed of all, or any Part Form of the of your Eftate, thereby to fecure the fame, to receive or expect any Profit or Advantage thereof; or to defraud or deceive any of your Creditors. oath. Provifo. So help you GOD. Provided always, That faid Oath fhall not be adminiftred to any fuch Debtor, until the Creditor or Creditors of fuch Prisoner, if Inhabitants within this State, otherwife the Attorney of fuch Creditor or Creditors hath been duly notified, and a reafonable Time to appear and fhew Reafon (if any be) why faid Oath should not be adminiftred: And if no fufficient Reafon is fhewn to the contrary, fuch Affiftant or Justice shall adminifter faid Oath to fuch imprifoned Debtor; after which the Keeper of the Gaol fhall not ftand charged with fuch Prifoner, unless the Creditor fhall allow him a weekly Maintenance, fuch as three Justices of the Pace, Quorym unus, shall appoint, till the next County Court; which Court hall then determine how much the fame hall be. |