ry to make a Quorum for doing Bufinefs. If at any Time, by death or otherwife, the Offices of Governor and Lieutenant fhall be vacant, or if the Governor and Lieutenant Governor fhall be absent out of the State, or be unable to attend the General Court, the Senior Member of the Council prefent fhall prefide in Council; who together with fix other Members, fhall have Power to tranfact the Bufinefs of the Council. And not less than forty of the Deputies or Reprefentatives from the feveral Towns in this State, that fhall be prefent to attend the said Court, shall make a House of Representatives for tranfacting Business, Quorum. 4. In which General Court fhall confift the fupreme Power and Authority of this State; and they only fhall have Power to Powers of the make Laws, and repeal them; to grant Levies, to difpofe of Lands general afembly. undifpofed of, to Towns or particular Perfons; And also to inftitute and ftile Judicatories and Officers, as they fhall fee neceffary for the good Government of this State. Ailo to call any Court, or Magiftrate, or any other Officer or Perfon whatever, to an account for any Mifdemeanor or Male administration; and for juft caufe may fine, difplace, or remove them; or deal otherwife as the nature of the Caufe fhall require; and alfo may deal and act in any other Matter that concerns the good of this State; except the Election of Governor, Lieutenant Governor, Affift ants or Counsellors; which fhall be done by the Votes of the Freemen; at the yearly Court of Election. Provifo. 5. Provided, that if there be any want of any of the faid Offi- In cafe of vacers, by reason of death or otherwife, after the Election, fuch cancy general want fhall or may be fupplied and made up by the General Court's affembly may choose governElection, or appointing fome suitable Perfon or Persons to fupply or, &c. fuch vacancy. 6. Be it further enacted, That the General Court only fhall have May grant Power,upon grounds to them fatisfying, to grant Pardons, Sufpen- pardons, &c. fions, and Goal delivery upon reprieve, in Capital and Criminal Cafes, unto any Perfon or Perfons that have been fentenced inany other Court whatever in this State. 7. That no General Court of this State fhall be diffolved or prorogued, without the confent of the major part thereof. su 183 Not to be diffolved without confent. 8. That the Governor, or in his abfence the Lieutenant Governor, by himself or the Secretary, fhall upon any emergent or Power of gov. fpecial Occafion, call a General Court, upon fourteen Days warn- to call fpecial affembly. ing, or less, if he fee it needful; provided he give an account thereof to the Affembly, when they fhall be met together. 9. That if any Member of the General Court fhall reveal or Penalty for redifclofe any Matter which the Court enjoins to be kept fecret; vealing fecrets or fhall make known to any Perfon what any one Member of the 34 dollars. Court fpeaks concerning any Perfon or Bufinefs, that may come in agitation in the Court; he fhall, for every fuch Offence, forfeit Thirty Four Dollars to the Public Treasury. No member to 10. That no Member of the General Court fhall appear as an Attorney at the Bar of said Court, unlefs in his own Caufe, or that of the Town which he reprefents; or in fuch Cafes where torney. there fhall be fo near a relation between fuch Member and either 495. appear as at 126 If any mem ber appear as feat vacated. Courts. of the Parties in the cause, as between Father and Son, either by Nature or Marriage, Brother and Brother in like kind, Uncle and Nephew in like kind-Landlord and Tenant. 11. And if any Member of the General Court fhall hereafter appear at the Bar of faid Court, as Attorney in any cause, contraattorney, his ry to the Provifions of this Act, then it fhall be deemed that fuch Member has vacated his Seat in faid Court; and he is hereby declared incape of holding the fame, or to act as a Member of the General Affembly, during the Term for which fuch Member hall have been elected. arrefts. 12. That no Member of the faid Court, during the Seffions. Freedom from thereof, or in going to, or from the faid Court, be arrested, fued, or imprifoned, or any ways molefted or troubled, or compelled to anfwer to any Suit, Bill, Plaint, Declaration, or otherwife, before any other Court, Judge, or Juftice; cafes of high Treafon, and Felony excepted. Towns may fendone ortwo reprefentatives. Reprefenta 13. That the Freemen in every Town in this State fhall have liberty to fend one or two Deputies to every Seffion of the General Affembly, as is by Law provided, which Deputies fhall have the Power and Voices of all the Freemen deputing them, in any Matter proper for faid Affembly to act in. 14. That the Deputies, or Reprefentatives, who are returned from the refpective Towns to ferve in the General Affembly in tives to meet May annually, fhall meet at their Chamber in the State-Houfe, at on election day at 8 o'clock & eight of the clock in the Morning on the faid day of Election; choofe fpeaker when and where they fhall choose a Speaker and Clerk for their Houle, for that Seffion; and do any other Matter proper and meet for them to act, before the public Service and Election on faid Day. And that the faid Deputies returned to ferve in the In October at General Affembly in October annually, fhall meet at the State9 o'clock. and clerk. Right to de own members. House in New-Haven, at nine of the clock in the Morning, on the fecond Thursday of October, and proceed to form the House,. as aforefaid. 15. And when the faid Deputies or Reprefentatives are met together at any General Affembly, it fhall be lawful for them, or termine the e- the major part prefent, to examine, hear, and determine any diflection of their ference that may arife about the Election of any of their Members. 16. That no Perfon fhall be accepted a Deputy in the General Reprefenta- Court that is not known to be a Freeman of this State, and regu tive must be a larly chofen thereunto by the Freemen of that Town for whom regularly cho- he ferves; nor before he takes the Deputy's Oath by Law provi¬ freeman and fen. Daily call of the house. Abfence to be noted. Governor and fpeaker to have cafting voice. ded. 17. That at the opening of every General Affembly, the Clerk of the Houfe of Reprefentatives, then, and every Morning from, Day to Day, during the whole Seffions, fhall in the lower House, call over the Names of the feveral Deputies or Representatives of the refpective Towns in this State, returned to ferve as aforesaid, and note thofe that are abfent when called. 18. And the Governor, or in his abfence the Lieutenant Governor, fhall have a cafting voice, whenever an Equi-vote fhall happen in the Upper Houfe: And the Speaker fhall have a cafting voice, whenever an Equi-vote fhall happen in the Lower Houle, of errors. 19. Be it further enacted, That the Governor, Lieutenant Gov- Supreme court ernor, and Council, for the Time being, any eight of whom to conftitute a Quorum, fhall be the Supreme Court of Errors in this State, and fhall be the dernier refort of all Matters Their Jurif. brought by way of Error or Complaint, from the Judgment or diction and Decree of the Superior Court, in Matters of Law or Equity, powers. wherein the rules of Law or the principles of Equity appear, from the Files, Records, and Exhibits of faid Court, to have been e:roneously or mistakenly adjudged and determined. And faid Supreme Court are hereby empowered, authorized, and enabled to take cognizance of all fuch Caufes as fhall be brought before them as aforefaid, and fhall be invested with all the Powers, Authorities, and Jurifdictions neceffary and requifite for carrying into complete execution all their Judgments, Decrees,and Determinations, in the Matters aforefaid, according to the Laws, Cuftoms, and Ufages of this State. And their Determinations and Decrees fhall be final and conclufive to all concerned. 4bb. Times and 20. And be it further enacted, That faid Supreme Court of Er- places of their fors fhall be holden on the firft Tuefday of June annually at Seffions. Hartford and at New-Haven alternately, beginning at faid Hartford, in the Year One Thousand Seven Hundred and Ninety Six; and all Writs returnable to faid Court fhall be ferved twelve Days before the Seffions of faid Court; and be returned to the Clerk of faid Court before the Day of faid Seffions. be, ex-officio 21. And the Secretary of this State for the Time being fhall Secretary to ex-officio be the Clerk of faid Court. And faid Court, fhall have their Clerk. Power to adjourn from Time to Time, and to fuch place as they fhall think neceffary and expedient. 22. And it is further provided, That the Governor, or in his abfence the Lieutenant Governor, or in the abfence of both, the Governor &c. Senior Counfellor prefent, fhall prefide; and no Judgment comto prefide. plained of before faid Court, fhall be reverfed, but by the concurring voice of the Majority of the Members prefent. Reasons of their Judg ments to be 23. And it shall be the duty of the Supreme Court of Errors, to cause the reafons of their Judgment to be committed to Wri- commited to ting, and figned by one of the Judges, and to be lodged in the Of- writing. fice of the Clerk of the Superior Court. Superior court 24. And be it further enacted, That there fhall be a Superior Court of Judicature over this State, held and kept annually, at the refpective Times and Places hereafter in this Act mentioned, by one Chief Judge, and four other Judges, to be appointed and commiffioned for that Purpofe; any three of whom fhall have Their jurifPower to hold faid Court: which Court fhall have cognizance of diction as all Pleas of a Criminal nature, that relate to Life, Limb, or Ban- court of law.. ishment, and other high Crimes and Mildemeanors, and of Divorce, and of Adultery; and alfo fhall have Cognizance of all Pleas, real, perfonal, or mixt, in Civil Caufes or Actions, between Party and Party, whether the fame do concern the Realty, and relate to any Right of Freehold or Inheritance; or whether the fame do concern the Perfonalty, and relate to Matters of Debt, Contract, Damage, or any other Personal Right or Injury; or whether the 128 As a court of chancery. 568 Times and places of fef fions. Middlefex. New-Haven. Fairfield. Litchfield. Hartford. Tolland. Windham. 460 Courts. fame do concern and relate both to the Realty and Perfonalty; and are of a mixt Nature; brought before them by Appeal, Writ of Error, Scire facias, Complaint, or otherwife as the Law directs; and the fame to try by a Jury or otherwife, according to Law; and therein to proceed to Judgment, and award Execution thereon accordingly. 25. And alfo fhall have jurisdiction of all Suits for relief in Equity, wherein the value of the Matter or Thing in Demand, exceeds the Sum of Three Hundred and Thirty-five Dollars; and to enquire into the fame by themselves, or a Committee; and proceed therein to final Sentence and Decree, and enforce the fame according to the Rules of Equity. And all Suits for Relief in Equity, against any Judgment given, or Caufe depending at Law in the Superior Court, fhall be brought to the Superior Court, and not to any of the County Courts, any Law, Ufage, or Custom to the contrary notwithfanding. 26. That the Times and Places for holding the faid Superior Court of Judicature, fhall be as follows, that is to fay: 27. Within and for the County of Middlefex, at Haddam on the laft Tuefday in December, and at Middletown, on the laft Tuefday fave one in July, annually. 28. Within and for the County of New-Haven, at New-Haven on the first Tuesday in January, and the laft Tuesday in July, annually. 29. Within and for the County of Fairfield, at Fairfield, on the third Tuefday in January, and at Danbury, on the fecond Tuefday in August, annually. 30. Within and for the County of Litchfield, at Litchfield, on the laft Tuefday in January, and the third Tuefday in Auguft, annually. 31. Within and for the County of Hartford, at Hartford, on the fecond Tuesday in February, and the firft Tuesday in September, annually. 32. Within and for the County of Tolland, at Tolland, on the fourth Tuefday in February, annually. 33. Within and for the County of Windham, at Windham, on the first Tuesday in March, and the third Tuesday in September, annually. 34. Within and for the County of New-London, at Norwich, on the third Tuefday in March, and at New-London, on the fourth New-London. Tuesday in September, annually. Chief judge Three judges may adjourn, &e. 35. And the Chief Judge, or in his abfence any three of the other Judges, fhall be, and they are hereby empowered to call a fpecial Superior Court, upon any extraordinary Occafion. 36. And when it fhall fo happen, that the faid Court cannot conveniently be held at the Time or Place appointed, any three of the Judges fhall have Power to adjourn it to any other Time or Place within the County; or may continue the Matters therein depending, to the next ftated Term ; giving Notice thereof to the Sheriff in writing under their Hands; who fhall proclaim and publifh the fame in fuch Manner as the faid Judges fhall direct, Courts. affiftants. 129 37. That when and fo often as it fhall happen, that by reason of Quorum to be the neceffary abfence of, or juft exception against any of the Judges fupplied by of the faid Superior Court, there fhall not be a fufficient Number of them to hold faid Court, or to try any Caufe, the fame fhall be fupplied by any of the Affiftants of this State. 38. That any one of the Judges of faid Court, being at the Onejudge may Place and Time for opening faid Court, fhall have full Power to open and adopen and adjourn the fame. And that if all the Judges of faid journ. Court fhall be providentially hindered, or fhall not be there at Sheriff enthe Time for opening faid Court, the Sheriff of the County fhall, powered to and he is hereby empowered to adjourn the faid Court by Procla- adjourn. mation, to the next Day, till the Judges may arrive at the Place: which Adjournments fhall be good and effectual; and all Parties concerned in faid Court are to take Notice accordingly. 39. That the Judges of faid Court fhall have full Power to appoint and fwear a Clerk for faid Court, who fhall be, and he is Judges to ap point a clerk. hereby fully empowered to grant Executions on Judgments rendered in faid Court; to act and do all Things proper for him as Clerk of faid Court in the Execution of his Office, according to the Rules, Orders, and Directions of faid Court, and according to Law. 40. That faid Superior Court fhall have full Power to appoint 487. and fwear an Affiftant Clerk for faid Court, who fhall be and is And an affift hereby fully empowered in the Abfence of the Clerk of faid Court, ant clerk. to give certified Copies of the Records of faid Court; and in Cafe of the Sickness or Abfence of faid Clerk, to do and perform all the Duties and Powers of faid Clerk for faid Superior Court, in as full and ample a manner as the faid Clerk for faid Court is by Law authorized and empowered to do. ting. 41. And be it further enacted, That it fhall be the Duty of the Judges of the Superior Court, in all Matters of Law by them Judges to af decided, on Writ of Error, Demurrer, Special Verdict, or Motion fign their rea in Arreft of Judgment, each one to give his Opinion feriatim, with fons in writhe Reasons thereof, and the fame reduce to W'riting and fubfcribe, to be kept on File, that the Cafe may be fully reported, and if removed by Writ of Error, be carried up with greater Advantage; and thereby a Foundation be laid for a more perfect and permanent Syftem of common Law in this State. 42. Beit further enacted, That there fhall be held and kept in County courts each refpective County in this State, Yearly and every Year, at in the feveral the Times and Places hereafter in this Act mentioned, two Courts counties. of Common Pleas or County Courts, by a Judge with two or more Juftices of the Quorum, to be appointed and commiffioned for that purpose; any three of whom thall have Power to hold faid Court; which Court fhall have full Power to hear, examine, try and determine, by a Jury or otherwife, according to Law, ali Their jurif Civil Caufes, Real, Perfonal, or Mixt; and alfo all Criminal Mat- diction as ters, not extending to Life, Limb, Banifhment, Adultery, or Divorce, regularly brought before them; but faid County Courts fhall not have Jurifdiction in any Criminal Matter, where the T courts of law. |