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Forms of Writs, &c.

which is to the Damage of the faid T. C. as he faith, the Sum of
Dollars, and therefore he brings this Suit, &c.
(the faid
T. C. having given fufficient Bond to profecute this Action to
Effect, and fatisfy fuch Damages, Demands and Dues as the ad-
verfe Party fhall recover against him.) Hereof fail not, and make
true Return of this Writ, with your Doings therein, &c.

Y

Dated, &c.

J. H. Juftice of Peace.

The like for a Writ of Replevin before an Affiftant or Juf-
tice, Mutatis Mutandis.

Bond for Prosecution.

at

fecution.

215

YOU C. S. and E. C. of H. acknowledge yourfelves jointly Bond for preand feverally bound to J. L. of in a Recognizance of Dollars, That T. R. of W. fhall profecute the Attachment or Replevin he hath now taken out against the said J. L. the next County Court to be holden at H. on the Tuesday of next, to full Effect; and answer all Coft and Damages in Cafe he make not his Plea good. Taken and acknowledged in H. the Before me,

9.

Day of, &c.

J. W. Juftice of Peace.

A Warrant for collecting Rates.

To A. B. Collector of the Town Rate of the Town of, &c.
Greeting.

BY Authority of the State of Connecticut, you are hereby com- Warrant for

manded forthwith to levy and collect of the Perfons named collecting in the annexed Lift, herewith committed to you, each one his town rates. feveral Proportion, as therein fet down, of the Sum total of such 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 Treasurer of the faid Town, (or to C. D. being by faid Town appointed to receive the fame) at or before the Day of And if any Perfon or Perfons fhall neglect or refuse to make Payment of the Sum or Sums whereat he or they are respectively affeffed, and fet in the faid Lift, to diftrain the Goods or Chattles of fuch Perfon or Perfons, and the fame difpofe of as the Law directs: returning the Overplus (if any be) unto the Owner or Owners. And for Want of Goods and Chattles, 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 Gaol of the faid County, within the faid Prifon; who is hereby commanded to receive and fafely keep him or them, until he or they pay and fatisfy the faid Sum or Sums affeffed upon him or them as aforefaid, together with your Fees; unless the faid Affeffment, or any Part thereof, upon Application made to the County Court, fhall be abated.

Dated at G. &c

10. Always provided, and it is further enacted, That it fhall be Provifa, lawful for any Perfon or Perfons within this State, as often as

216

Fine 6 dols.

Fornication. Frauds and Perjuries.

Occafion fhall require, to make ufe of other and diverfe Forms than what are before in this A&t prefcribed, fo that the Substance of the Matter or Action be well contained therein, according to Law.

An Act, for the Punishment of Fornication.

E it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That if any Man fhall commit Fornication with any fingle Wo oman, upon due Convic tion thereof, each of them fhall pay a Fine of Six Dollars to the Treafury of the County in which fuch Conviction is; or be cor porally punished by whipping, not exceeding Ten Stripes each; at the Discretion of the County Court who fhall have Cogni zance of faid Offence.

An Act for Prevention of Frauds and Perjuries.

[ENACTED IN MAY 1771.]

PAR. 1. E it enacted by the Governor and Council, and Houfe of No fuit in law Reprefentatives, in General Court affembled, That or equity to be no Suit in Law or Equity fhall be brought or maintained upon brought upon any Contract or Agreement that fhall be made after the first Day any contract that fhall be of December, One Thoufand Seven Hundred and Seventy-One, made after the whereby to charge any Executor or Administrator, upon any speift day of Dec. cial Promise, to answer Damages out of his own Eftate; or where 1771, to charge by to charge the Defendant upon any fpecial Promife to answer any executor, for the Debt, Default, or Miscarriages of another Person; or to charge any Perfon upon any Agreement made upon Confideration of Marriage; or upon any Contract, or Sale of Lands, Tenements, or Hereditaments, or any Intereft in or concerning them; or upon any Agreement that is not to be performed within the Space of one Year from the making thereof; unless the Agreement upon which fuch Action fhall be brought, or fome Memorandum or Note thereof shall be made in Writing, and figned by the Party to be charged therewith, or some other Perfon thereunto by him lawfully authorized.

&c. upon any

fpecial prom

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2. And be it further enacted, That no Suit in Law or Equity fhall be brought or maintained upon any Contract or Agreement that Nofuit, &c. to fhall hereafter be made, and not reduced to writing as aforefaid, be brought up but within three Years next after entering into, or making the on anycontract fame, or on any fuch Contract or Agreement heretofore made, but unlefs within within three Years next after a Right of Action thereon fhall ac3 years &c. crue; 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.

Provifo.

Provided, That nothing in this A&t contained fhall extend to any Action of Book Debt.

Fraudulent Conveyances. Freemen.

217

PAR. 1.

An Act against Fraudulent Conveyances.

B

E it enacted by the Governor and Council, and Houfe

of Reprefentatives, in General Court affembled, That Fraudulent all fraudulent and deceitful Conveyances of Lands, Tenements, conveyances Hereditaments, Goods or Chattles: and all fuch Bonds, Suits, void. Judgments, Executions or Contracts, made to void any Debt or Duty of others, fhall (as against the Party or Parties only, whose Debt or Duty is fo endeavoured to be avoided, their Heirs, Executors or Affigns) be utterly void; any Pretence, or feigned Confideration notwithstanding.

2. And every of the Parties to fuch a fraudulent Conveyance, Bond, Suit, Judgment, Execution or Contract, who being privy thereunto, that shall wittingly juftify the fame to be done, bona Fide and upon good Confideration : Or fhall alien and affign any Penalty Lands, Leafe, Goods or Chattels fo to them conveyed, as aforesaid, fhall forfeit one Year's Value of the Lands, Leafe, Rents, Common, or other Profit out of the fame; and the whole Value of the Goods and Chattels, and also fo much Money as fhall be contained'in such covinous Bond or Contracts; and being thereof convicted fhall also fuffer half a Year's Imprifonment 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 Estate so conveyed; and that it was without any defign of Fraud to defeat the Creditor of his juft Dues.

An Act relating to Freemen.

PAR. 1. Benettive, in General Court affembled, That

E it enacted by the Governor and Council, and Houfe of

540 599

names of free

the Town Clerks in the feveral Towns in this State, fhall enroll Town clerks in their respective Offices, the Names of all fuch Perfons in their to enroll the respective Towns, as are or fhall be admitted Freemen of this men. 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.

ted in open meeting.

2. That no Perfon hereafter be admitted, and made free of this To be admit. State, but in the open Freemen's Meeting of the Town whereto he belongs, regularly affembled.

3. That all fuch Inhabitants in this State, as have accomplished the Age of Twenty-one Years, and have the Poffeffion of Freehold Eftate to the Value of Seven Dollars, per Annum, or One Hundred and Thirty-four Dollars perfonal Eftate in the general Qualifications Lift of Eftates in that Year wherein they defire to be admitted Freemen; or are poffeffed of Eftates as aforefaid, and by Law exa

Ff

220

Penalties ap

Gaols and Gaolers..

7. And one Half of the Fines that shall be recovered by Virtue propriated of this Act, fhall belong to the Perfon or Perfons who fhall difcover and give information of the Offence, and the other Half to Informing of the Treafury of the Town where the Offence is committed. And ficers to pre- it fhall be the Duty of every Informing Officer, to enquire after and present all Breaches of this Act.

fent.

524. 495.

403.

A Gaol to be
kept in each
County.

An Act for Regulating Gaols and Gaolers.

PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That there fhall be kept and maintained, in good and fufficient Condition and Repair, a common Gaol in every County Town, in the feveral Counties in this State; and there shall be two fuch common Gaols in each of the several Counties of New-London, Fairof New-Lon- field, and Middlefex; to wit, one in each of the Towns of Newdon, &c. London, Norwich, Fairfield, Danbury, Middletown and Haddam.

Two Gaols in the Counties

Expence how
defrayed.

Affiftants and
Juftices em-
powered to
tax the Coun-
ty.

County Court to appoint collectors &c. Peralty on

Collectors re

fufing to ferve

warrants, in
cafe &c.

2. The whole charge of building (when there fhall be Occafion) and of keeping fuch Gaols in Repair, fhall be defrayed by the refpective Counties to which the fame belong.

3. And that the Affiftants and Justices of the Peace in the feveral Counties fhall have full Power, and they are hereby empowered, to tax the Inhabitants of their respective Counties, for building, repairing, and furnishing the faid Gaols, 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.

4. And the County Courts fhall appoint a Colle&or in each Town within their respective Counties, to colle&t such Taxes; which Collectors fhall have the fame Powers and Fees as other Collectors of Taxes in this State have. And in cafe any Person fo appointed a Collector, shall refuse to ferve; such Collector fo refufing, fhall pay a Fine of Seven Dollars to the Treasurer of the County: unless excufed by the County Court. And faid Court is hereby authorized to grant Execution to levy the fame accordingly, and to appoint another Colle&tor, as often as there may be Occafion.

5. And be it further enacted, That the respective County Treafurers fhall give out their Warrants to fuch Collectors, to levy and County Treaf- collect fuch Tax; and in Cafe fuch Collectors fhall refuse or negurers to iffue lect to pay the fame into the County Treasury, according to the direction in fuch Warrant, the County Treasurer fhall, by Warrant under his Hand directed to fome proper Officer, make diftrefs on fuch Collector's Perfons or Eftates, for fatisfying fuch Sum or Sums as fhall remain unpaid of the Sum or Sums that said Collector was ordered, by Warrant to him directed, to levy and collect.

6. And whenever it fhall be necessary to build a new CourtCourt-houfes House, or to repair any fuch Houfe in any County in this State, the expence thereof fhall be defrayed by the Inhabitants of

to be built

and repaired

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fuch County; and the Taxes that may be neceffary for that Pur- at the expence of the County. pose, fhall be laid and collected in Manner aforefaid.

7. And be it further enacted, That all and every Person and Perfons whatsoever, that shall be committed to the Common Gaol Prifoners to within any County in this State, by lawful Authority, for any bear their own Offence or Misdemeanor, having Means and Ability thereto, fhall charges &c. 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 alfo their Support while in Gaol, before they are discharged; and the Eftate of fuch Perfons fhall be fubjected to the Payment of fuch Charge; and for want of Eftate they may be difpofed of in Service, to answer the fame according to a Law, entitled, "An A&t concerning Delinquents;" unless they fhall be freed from the Payment of faid Charge, agreeable to the Direction of the Law aforesaid.

mitted to ufe

8. That all Prifoners fhall be permitted to provide, and fend for their neceffary Food where they please; and to ufe fuch Bed- Prifoners perding, Linen, and other Neceffaries, as they think fit, without their own netheir being purloined, detained, or their paying for the fame: ceffaries &c. neither fhall any Keeper of a common Gaol demand of them greater Fees for their Commitment, Discharge, or Chamber-room, than what is allowed by Law.

not to injure their prison

9. And if any Keeper of a common Gael fhall do, or caufe to be done to any Prisoner committed to his Cuftody, any Wrong or Prifon keepers Injury contrary to the true Intent of this Act, he fhall treble pay Damages to the Party grieved; alfo fuch Fine as the County Court ers. of the County wherein the Offence is committed, upon Information or Complaint to them made, fhall (on confidering all circumftances) think fit to impofe upon him.

in

10. That when any Perfon or Perfons are committed to Prifon, any Civil Matter or Action, the Keeper of the Prison shall not When allowed ftand charged with his or their fupply of Victuals and other necef- to take the faries: And in cafe the Prifoner hath no Eftate, and will and do poor prifoners take before an Affiftant or Juftice of the Peace, the following Oath, viz.

YOU A. B. folemnly fwear, that you have not any Eftate, real or perfonal in Poffeffion, Reverfion, or remainder of the Value of Seventeen Dollars in the whole; or fufficient to pay the Debt or Damages for which you are imprifoned; and that you have not directly or indirectly fold, or otherwife difpofed of all or any Part 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.

So help you God.

oath.

notified, to

11. Provided always, and be it further enacted, That faid Oath fhall not be administered to any fuch Debtor, until the Creditor, Creditor to be or Creditors of fuch Prifoner, if Inhabitants within this State, fhew caufe. otherwife the Attorney of fuch Creditor or Creditors, be duly notified to appear, and fhew reason, (if any be) why such Oath fhould not be administered, at least four Days inclufive before the Day when the fame is to be administered.

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