210 Bills of coft. Persons not guilty. Forceable Entry. feffions to be re-feized, and the Party to be again put into the Pof- 4. And in fuch Cafes where the Nature of the facts are cogniz- 5. And in Cafe the Perfon complained of is found not guilty, fhall tax Coft against the Complainant, and grant Execution thereon accordingly. 6. And to the End that Enquiry may be made as aforefaid, Be it further enacted, That fuch Affiftants or Juftices fhall make out their Warrants or Precepts directed to the Sheriff of the 18 perfons to fame County, or his Deputy, commanding him on Behalf of the be fummoned State, to caufe to come before them eighteen fufficient and inuifto make en- ferent Perions, dwelling near unto the Houfe, Lands, Tenements quiry, &c. or other Poffeffions fo entered upon.,or held as aforelaid; whereof fourteen (at least) fhall be impannelled to enquire in that Behalf; each of whom fhall have a freehold Eftate rated in the common Lift at Nine Dollars at the least, who shall be fworn by fuch Affiftants or Juftices, well and truly to enquire of fuch forecable Entry, or forceable Detainer; and to return a true Verdict according to their Evidence. Sheriff to he fin'd 17 dols. On theirs. 7. And if the Sheriff fhall make Default in not duly executing fuch Warrant or Precept to him directed, he fhall be fined or amerced the Sum of Seventeen Dollars for every Default. 8. And every Juror legally fummoned making his Default by Non-appearance, fhall pay a Fine of One Dollar and Sixty-feven Cents. 9. That when it shall so happen that the Sheriff is either a Party, or ftands in the Relation of Father or Son, by Nature or MarriSheriff being a party or a rela- age, or of a Brother in the like Kind; Uncle or Nephew; Landtive, a confta- lord or Tenant to either of the Parties; either of the Conftables of the Town where the Facts are faid to be done, not being interested or related as aforefaid, fhall have in thofe Cafes all the Powers and Authorities that the Sheriffs in this A&t above are vested with; and fhall be under the fame Regulations, and in Case of Default under the fame Penalties. ble to have his power. Affiftants or 10. And that any Affiftant or Affiftants, Juftice or Juftices holding fuch Court of Enquiry, may impofe a Fine on every Of juftices to im- fender committing fuch Force, not exceeding the Sum of Three pofe a fine of Dollars and Thirty-four Cents; and bind him or them to the good 3 dols. 34 cts. behaviour, and commit fuch Offender or Offenders to Prifon till bind to good he or they pay fuch Fine, and find Securities for his or their good behaviour, or Behaviour till the next County Court in that County, and then to imprison ofappear And if the Offence be aggravated 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 answer forthe fane, who may increafe the Fine according to the Aggravation or Clicumftances of the Offence, fenders. 7 Foreigners, Rights fecured. 211 11. All Fines arising by Virtue of this Act, to be to, and for the All faid fines Ufe of the County Treafury. to the county treasury. 12. And the Party grieved fhall recover treble Damages, and Cofts of Suit, by Action of Trespass against the Defendant or Defendants, if it be found by Verdict, or in any other Manner by Party grieved due Form of Law, that he or they entered into his Houfe, Lands, ble damages. Tenements or other Poffeffions by Force, or after Entry held the fame by Force. to recover tre 13. Provided always, That this A&t shall not extend to any Perfon or Perfons who have had the Occupation, or have been in the Provifo. quiet Poffeffion of any Houfes, Lands, Tenements or other Poffeffions for the Space of three whole Years together next before; and his, her or their Estate or Estates therein is not ended or determined; any Thing to the contrary before in this A&t in any Wife notwithstanding. 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. PAR. 1. BE it enacted by the Governor and Council, and Houfe Violaters of nished. of Reprefentatives, in General Court affembled, That fafe-guard, the Superior Court, and the feveral County Courts in this State &c. to be pu(within their refpective Limits) be, and they are hereby empowed and directed to proceed againft and punish all fuch Perfons as fhall be guilty of the Violation of any Safe-Conduct or Paffport granted under the Authority of the Congrefs of the United States of America, or under the Authority of this State, to the Subjects of any foreign Power in Time of War. 2. And alfo against all fuch Perions as fhall be guilty of the Acts of hoftiCommiffion of any Acts of Hoftility against the Subjects of any lity, &c. Prince or Power in Amity, League, or Truce with the United States of America, or fuch as are within this State under a general implied Safe-Conduct. Ambaffadors, 3. And alfo against all fuch as fhall be guilty of any Violation or Infraction of the Immunities of Ambaffadors, or other public &c. Ministers, authorized and received as fuch by the United States in Congrefs affembled, or of any Violence offered to the Perfons of fuch Ambaffadors or Minifters, their Houfes, Carriages or Property, under the Limitation allowed by the Laws and Ufages of Nations, or that fhall any Ways moleft or disturb them in the free Exercife of their Religion. No writ, &e. 4. And be it further enacted, That, no Writ or Process fhall at any Time iffue, or be maintained against any fuch Ambaffador or maintainable public Minifter, authorized and received as aforefaid, or against against ambalhis Goods or Chattels, or against his domeftic Servant, whereby fadors, &c.. his Perfon may be arrested, in any Civil Action. 5. And be it further enacted, That the faid Courts respectively be, and they are hereby, authorized and empowered to hear, try 1 212 Courts empowered to try, &c. Foreigners, not to hold Land. Forms of Writs, &c. Injury against and determine, by a Jury or otherwife (according to Law) any of the Matters aforefaid, or any other Infractions or Violations of, or Offences against the known, received and established Laws of civilized Nations, agreeable to the Laws of this State, or the Laws of Nations. 6. And be it further enacted, That if any Injury shall be offered and done by any Perfon or Perfons whatsoever, to any foreign fereign pow- Power, or to the Subjects thereof, either in their Perfons or Proers, &c. to be perty, by Means whereof any Damage fhall or may in any Wife redreffed. arife,happen or accrue, either to any fuch foreign Power, to the faid United States, to this State, or to any particular Perfon; the Perfon or Perfons offering or doing any fuch Injury, fhall be liable to pay and answer all fuch Damages as fhall be occafioned thereby. No alien may purchase lands, &c. without fpeci al licence. Provifo. Forms of writs eftablished. Summons before an affiftant or juftice. An Act to prevent Foreigners or Aliens purchafing, or holding Lands in this State. E fentatives, in General Court affembled, That no Perfon who is 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 Gene ral Affembly. Bit enacted by the Governor and Council, and Houfe of Repre Provided, That nothing in this A&t fhall be conftrued to work a Forfeiture of any Lands belonging 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 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 by and between His Moft Chriftian Majefty, and the United States of America. An Act prescribing Forms of Writs, Proceffes, &c. PAR. 1. BE it enacted by the Governor and Council, and House of Reprefentatives, in General Court affembled, That the feveral Forms of Writs, Proceffes, &c. in Civil Causes, here under-written, be, and they are hereby eftablished to be the Forms to be used in this State, by, the respective Officers therein, That is to fay; 2. Summons for Appearance before an Affiftant or Justice of the Peace. his Deputy, or either of within faid County To the Sheriff of the County of H. B Forms of Writs, &c. me J. H. Efq; Juftice of the Peace for the County aforefaid, at my Dwelling-Houfe in H. on the Day of Clock in the in a plea of C. D. at of the noon; then and there to answer to C. D. of W. which is to the Damage of the faid Dollars, and he therefore brings this Suit. And of this Writ, with your Doings therein, make true Return to me, Day of Dated at H. the at or before the said Annoque Domini, 3. Attachment before an Affiftant or Juftice of Peace. To the Sheriff, &c. Day of J. H. Y Authority of the State of Connecticut, you are hereby forefaid, to the Value of Dollars, and for Want thereof to The like for Summons and Attachments to the County Courts, 4. An Execution granted by an Affiftant or Juftice of Peace. Greeting. WHEREAS C. D. of W. on the Day of before me 7. H. Execution Efq. Juftice of the Peace for the County aforefaid, recovered Judg- granted by ment against A. B. of H. for the Sum of (Damage) and for the Sum of Dollars, Cofts of Suit, as appears of Record: Whereof Execution remains to be done. TH Dollars, Debt, 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 Chattels within your Precincts, you caufe to be levied, and (the fame being difpofed of as the Law directs) paid and satisfied unto the said C. D. the aforefaid Sums, being Dollars, Cents, in the Whole; and alfo that out of the faid Monies, Goods or Chattels you levy Seventeen Cents 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 said A. B. and him commit unto the Keeper of the Gaol in H. in the County aforefaid, within the said Prison ; 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 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 me the faid J. H. Efq. within fixty Days next coming, Dated at H, this Day of, &c. J. H. affiftant or juftice. 214 Execution from fuperior or county court. Summons for witnefles. Repleyin. Forms of Writs, &c. 5. Execution out of the Superior Court and County Courts, respectively. To the Sheriff of the County of H. &c. Greeting. WHEREAS C. D. of W. recovered Judgment against A. B. of F. before the Court, holden at H. within the County aforefaid, on Tuefday of for the Sum of Dollars, Debt, (Damage) and Dollars Cents Coft's of Suit, as appears of Rec the ord Whereof Execution remains to be done. TH HESE are therefore, by Authority of the State of Connecticut, to command you, That of the Goods, Chattels or Lands of the faid A. B. within your Precincts, you cause to be levied (and the fame being difpofed of, or appraised as the Law directs) paid and fatisfied unto the faid C. D. the aforefaid Sums being Dollars Cents in the Whole; with Cents more for this Writ, and thereof alfo 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 shewn 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 a forefaid, within the faid 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 full Sums above-mentioned, and be by him releafed, and alfo fatisfy your Fees. Hereof fail not, and make due Return of this Writ, with your Doings therein, untp the faid Court to be holden at upon the Tuesday of Dated at H. &c. E. K. Clerk. next. 6. Summons or Sub-pæna for Witneffes. To A. B. and C. D. &c. BY Authority of the State of Connecticut, you are hereby com manded to appear before the Court to be holden at F. on ths 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. Defendant in an Action of Hereof fail not, under the Penalty of the Law in that Cafe provi ded. Dated at H. &c. D. E. Clerk. 7. A Warrant of Replevin before the County Court. Greeting. |
