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IN CONVENTION.
MONDAY, September 17, 1787.
PRESENT,

The States of New-Hampshire, Maffachusetts, Connecticut, Mr. Hamilton from New-York, New-Jerfey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia..

RESOLVED,

THAT the preceeding Conftitution be laid before the United States in Congress affembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chofen in each state by the people thereof, under the recommendation of its legiflature, for their affent and ratification; and that each Convention affenting to, and ratifying the fame, should give notice thereof to the United States in Congress affembled.

RESOLVED, That it is the opinion of this Convention, that as foon as the Conventions of nine States fhall have ratified this Constitution, the United States in Congress affembled should fix a day on which electors fhould be appointed by the ftates, which Thall have ratified the fame, and a day on which the electors fhould affemble to vote for the Prefident, and the time and place for commencing proceedings under this Conftitution. That after fuch publication the electors fhould be appointed, and the fenators and reprefentatives elected: That the electors fhould meet on the day fixed for the election of the Prefident, and fhould tranfmit their votes certified, figned, sealed and directed, as the Conftitution requires, to the fecretary of the United States in Congrefs affembled, that the fenators and representatives fhould convene at the time and place affigned; that the fenators fhould appoint a prefident of the fenate, for the fole purpose of receiving, opening and counting the votes for President; and that after he fhall be chofen, the Congrefs, together with the Prefident, fhould, without delay, proceed to execute this Conftitution.

By the unanimous Order of the Convention.
GEORGE WASHINGTON, Prefident.

WILLIAM JACKSON, Secretary.

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In the Name of the PEOPLE of the State of Connecticut. WE the Delegates of the People of faid State, in General Convention affembled, pursuant to an Act of the Legislature in October laft, have affented to and ratified, and by thefe prefents do affent to, ratify and adopt the Conftitution, reported by the Convention of Delegates in Philadelphia on the 17th day of September, A. D. 1787, for the United States of America.

DONE in Convention, this 9th day of January, A. D. 1788. In witness whereof we have herennto fet our hands.

STATE OF

(Herefollow the Names of the Signers.)

CONNECTICUT, ff. }HARTFORD, January 9, Anno Dam. 1788.

THE foregoing Ratification was agreed to, and figned as above, by One Hundred and Twenty-Eight, and diffented to by Forty DeleHates in Convention, which is a Majority of Eighty-Eight.

Certified by

MATTHEW GRISWOLD, Prefident, Tef, JEDEDÍAH STRONG, Secretary.

Abstract and Declaration of Rights, &c.

IGIL

CONNECTI

REIP.

21

ACTS AND LAWS,

Paffed 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 fecuring the fame.

THE People of this State, being by the Providence of God, free and

independent, have the fole and exclufive Right of governing themfelves as a free, fovereign, and independent State and having from their Ancestors derived a free and excellent Conftitution ef Government whereby the Legiflature depends on the free and annual Election of the People, they have the best Security for the Prefervation of their civil and religious Rights and Liberties. And forafmuch as the free Fruition of fuch Liberties and Privileges as Humanity, Civility and Chrif tianity call for, as is due to every Man in his Place and Proportion, without Impeachment and Infringement, hath 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.

B

Preamble.

Conftitution E it enacted and declared by the Governor, and name of PARAGRAPH 1. and Council, and Houfe of Reprefentatives, the State. in General Court affembled, That the ancient Form of Civil Government, contained in the Charter from Charles the Second, King of England, and adopted by the People of this State, fhall be and remain the Civil Conftitution of this State, under the fole authority of the People thereof, independent of any King or Prince whatever. And that this Republic is, and shall forever be and remain, a free, fovereign and independent State, by the Name of the STÁTE oF CONNECTICUT.

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General fecurity of the rights of the people.

Equal juftice to be admin

tered.

-and bail

Abatement and Amendment of Writs.

2. And be it further enacted and declared, That no Man's Life fhall be taken away: No Man's Honor or good Name fhall be ftained: No Man's Perfon fhall be arrested, reftrained, banifhed, difmembered, nor any Ways punished. No Man fhall be deprived of his Wife or 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.

3. That all the free Inhabitants of this or any other of the United States of 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 Court of Judicature within the fame, and that without Partiality or Delay.

No perfon to 4. And that no Man's Perfon fhall be reftrained, or impri(oned, be imprisoned by any Authority whatfoever, before the Law hath fentenced him without law thereunto, if he can and will give fufficient Security, Bail, or Mainprize for his Appearance and good Behaviour in the mean Time, unless it be for Capital Crimes, Contempt in open Court, or in fuch Cafes wherein fome exprefs Law doth allow of, or order the fame.

able in all cafcs, except,

&c.

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An Act relating to the Abatement and Amendment of
Writs, reverfal of Judgments, &c.

Writs abated, PAR. 1.

and amenda

ble on pay

B

E it enacted by the Governor, and Council, and Houfe of Reprefentatives, in General Court affembled, That when any Plea fhall be made in Abatement of any Writ or Proment of cofts. cefs, before the Superior or County Court, or before any Alfiftant 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 he might have done if 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 Judgment of that Court to which he appeals, Cofts fhall by fuch Court be awarded against him, however the Cafe fhall finally iffue, and Execution granted for the fame.

No writ a

error.

may

2. And be it further enacted, That no Writ, Pleading, JudgBateable for ment, or any Kind of Proceeding in Court or Course of Justice, circumftantial fhall be abated, fufpended or reverfed for any Kind of circumftantial Errors, Miftakes or Defects, if the Perfon and the Caufe be thereby rightly understood and intended by the Court. 3. And be it further enacted, That when any Action being commenced fhall be depending in any of the Superior or County Courts in this State, and the Plaintiff in fuch Action fhall afterward, and before final Judgment thereon die, the writ, in cafe fame fhall not abate if the Action might originally be profecuted originally prefecutable by his Executor or Adminiftrator, but in fuch Cafe the Execu

Death of the party fhall not

abate the

Abatement and Amendment of Writs, &c. Age.

&0.

23

tors or Adminiftrators may enter, if they see Cause, and profecute by or against the fame. And if the Defendant in any Action die, after the fame the executors, is commenced and depending as aforefaid, and before final Judgment, then the fame fhall not abate, if fuch. Action might be originally profecuted against his Executors or Administrators, and the Plaintiff, or the Executor or Adminiftrator of fuch Plaintiff may in fuch Cafe, have a Scire Facias against the Executors or Adminiftrators of fuch deceafed Defendant, to fhew Caufe why Judgment fhall not be rendered against them: which being duly ferved, at least twelve Days before the Court, to which the fame is returnable, and returned, the Action fhall proceed to final Iffue according to Law.

bate by the death of one of the parties,

4. And be it further enacted, That if in any Action commenced, there be two or more Plaint: fs or Defendants, and one or more Writ not to aof them die, pending the Suit, if the Cause of Action furvive to the furviving Plaintiff or Plaintiffs, or against the furviving Defendant or Defendants, the Writ or Action shall not abate; but fuch Death being fuggefted upon the Record, the Action fhall proceed.

An Act Authorizing Amendments in Proceedings at Law, and in Equity.

[ENACTED IN MAY 1794.]

PAR. 1. BE it enacted by the Governor, and Council, and Houfe of

&c.

Parties per

mitted to amend any de

Reprefentatives, in General Court affembled, That the feveral Courts of Law and Equity in this State, in any action hereafter brought, may at any time permit the parties refpectively to amend any defect, miftake or informality in the writ, declaration, fect in writs, pleadings, or other parts of the record in civil caufes pending be- declarations fore them, upon payment of the lawful cofts to the other party, &c. at the difcretion of the Court in which the fame fhall be pending. And in cafe of any amendment of a declaration, the Court fhall" grant the defendent a reasonable time to make answer thereto.

An Act relating to the Age Ability and Capacity of
Perfons.

PAR. 1. BE it enacted by the Governor, and Council, and Houfe of

Reprefentatives, in General Court, affembled, That all Perfons of the Age of Twenty-one Years, of right Under- Age for difpofing of real efftanding and Memory, whether excommunicated or other, (not tate by will, otherwife legally incapable) fhall have full Power, Authority and &c. Liberty to make their Wills and Teftaments, and all other lawful Alienations of their Lands and other Eftates; and to give their Age for difpo Vote, Verdict or Sentence in any Matter or Caufe. And all fuch fing of perfon Perfons of the Age of Seventeen Years, fhall have Power and Au- for chofing thority to difpefe of their perfonal Estate, by Will er Teftament, guardians.

al eftate: And

24

Provifo.

Provifo, to

prevent perpetuities.

Ordinary precefs what.

How ferved.

674

Provifo.

Actions Civil.

And the Age for choofing Guardians, fhall be fourteen Years for
Male, and twelve Years for female Children.

Provided nevertheless, That fuch Perfons as are condemned to Death, the Charges of their Profecution, Imprifonment and Execution being first anfwered and paid out of their Eftate, the Remainder thereof fhall be difpofed of according to Law.

2. And in order to avoid Perpetuities, it is hereby provided, That no Eftate either in Fee-Simple, Fee-Tail, or any leffer Eftate, fhall be given by Deed or Will to any Perfon or Perfons but fuch as are in Being, or to the immediate Iffue or Defcendants of fuch as are in Being at the Time of making fuch Deed or Will. And that all Eftates given in Tail, fhall be and remain an abfolute Eftate in Fee-Simple, to the Iffue of the first Donec in Tail.

An Act for the directing and regulating of Civil Actions:

PAR. 1. BE it enacted by the Governor, and Council, and Houfe

of Reprefentatives, in General Court affembled, That the ordinary Procefs in Civil Actions in this State, fhall be a Summons or an Attachment, fairly written, figned by a Magiftrate, Juftice of the Peace, or Clerk of the Court, 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 the Plaintiff when he prays out an Attachment, gives fufficient Security to profecute his Action to Effect, and answer all Damages in Cafe he make not his Plea good. And like Security shall be given by fome substantial Inhabitant of this State, on granting a Summons, 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, fuch 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 otherwise directed, it shall abate.

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

2. And that no Perfon fhall be required to make Answer in any 12 days notice Civil Action, real, perfonal or mixt, except the Writ or Procels, for fuperior or if returnable to the Superior or County Court, hath been ferved County courts upon him at least twelve Days inclufive, before the Day of the days before Court's fitting: or if returnable to an Affiftant or Juftice, the juices court. fame hath been ferved fix Days inclufive, as aforefaid: Which Service shall be, ifa Summons, by reading the fame in the Hear

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