tive to the Marine Department, that may iffue out under the Authority, and agreeable to the Laws of this State fhall be in his Name, in the Stile of Governor and Superintendant of Marine for the State of Connecticut.

2. And be it further enacted, That the Governor may nominate, appoint and commiffionate, one or more Notaries Public in this To appoint State as the commercial Interefts thereof may render it neceffary lie. Notaries pub or convenient.

An Act for preventing, and removing Nuisances in
High-Ways, Rivers, and Water Courses.

E it enacted by the Governor and Council, and Houfe
of Reprefentatives, in General Court affembled, That

to pay the

if any Perfon or Perfons fhall block up or lay, or caufe to be laid Perfons caufin any High-Way, any Stone, Tree, or Trees, or Timber, or fhall ing nuifances by digging or any Means, obftruct, hinder, or endanger the Paffage expence of reof Travellers in fuch Ways; fuch Perfon or Perfons, being there- moving. of duly convicted, fhall pay the Charge of repairing, clearing, or filling up the fame, and also incur the Penalty of Three Dollars and Thirty Four Cents, one Half to the Treafury of the Town, and the other Half to the Informer who fhall profecute the fame to Effect, together with the Charges of Profecution.

any

and a penalty.

ved.

2. And be it further enacted, That if any Perfon or Persons shall erect or fet up any Gates, Bars, Rails, or Fence, upon or acrofs Gates and othany High-Way, Country Road, or Street, or continue any fuch, er nuisances to the Annoyance and Incumbrance of the fame it fhall be deem- in high-ways ed a Common Nuisance; and it fhall and may be lawful for may be remoPerfon or Perfons to pull down and remove the fame as fuch. Provided, This Act fhall not be conftrued to the Prejudice of fuch as have obtained Liberty, or fhall obtain Liberty from the County Court to fet up Gates or Bars in High-Ways; but no Gate or Fence shall hereafter be fet up or erected upon or across Provise. the Public Poft Road in this State, leading from New-York to New-London and New-Port, without Permiffion therefor first had and obtained from the General Affembly; and any Gate of Fence ftanding or being upon faid Poft Road by Virtue of Licence heretofore obtained from any County Court, fhall be deemed a Nuisance, and may be removed accordingly; any former Law, Ufage, or Cuftom to the contrary notwithstanding.

And whereas the damming of Rivers and Brooks, and turning of Water-Courfes out of their natural and original Courfes, is often prejudi cial to many Towns, Proprietors and particular Perfons :

For the preventing of which;

3. Be it further enacted, That no Perfon within this State fhall ftop, dam, or obftruct any River, Brook, Stream, or Run of Wa- Nuisances in ter, out of its natural Courfe, without Liberty of the Town in rivers &c. whofe Bounds the faid Streams or any of them are. And if any ved. may be remoPerfon or Perfons fhall dam, ftop, or obftru&t any River, Brook, tream, or run of Water, or fall, by damming, digging or the like,

328

Penalty:

Provifo.

Provifo.

General iffue may be pleadsd.

boo

Forms of eaths.

Freemen.

Governor,

Oaths.

turn them out of their natural Courfe, to the prejudice of any Town, Proprietors, or any particular Perfon or Perfons; the fame fhall be deemed a common Nuifance, and may be removed as fuch: and the Perfon or Perfons doing, or procuring fuch Nuifance to be done, fhall remove the fame upon Penalty of forfeiting Eighty Four Cents per Week for every Week fuch Nuisance shall remain, after due warning given to fuch Perfon to remove the fame; one Half thereof fhall be to the Complainer and Profecutor, and the other Half to the Treafurer of the Town where the Offence fhail be committed.

Provided nevertheless, That this A&t, or any thing herein contained, fhall not be understood or intended to hinder any dam for any Mill, or for other Ufe, in cafe no special damage accrue thereby to any Perfon.

Provided alfo, That if any Perfon or Perfons fhall remove, or break, or injure any Mill Dam, as a public Nuisance, and it should ultimately upon Trial at Law turn out not to be fuch; the Perfon or Perfons fo offending fhall, upon Conviction, pay to the Party aggrieved, double Damages, and double Colts.

4. And be it further enacted, That if any Perfon or Perfons, who fhall pull down, remove or demolish any of the Nuilances aforefaid, fhall be fued therefor, he or they may plead the general Iffue, and give this Act in Evidence.

An Act for prescribing and establishing Forms of Oaths in this State.

PAR. 1. BE it enailed by the Governor and Council, and House

of Reprefentatives, in General Court affembled, That the feveral Forms of Oaths here following, be, and they are hereby established, to be taken by, and administered unto the feveral and refpective Officers and Perfons for whom they are appointed, as followeth.

2.

For the Freemen, viz.

YOU A. B. being by the Providence of God, an Inhabitant of this State of Connecticut, and now to be made Free of the fame, do fwear by the Name of the Everliving GOD, that will be true and faithful to faid State, and the Constituyou tion and Government thereof, as a free and independent State, and whenfoever you fhall be called to give your Vote or Suffrage touching any Matter which concerns this State, you fhall give it as in your Confcience you fhall judge will conduce to the best Good of the fame, without refpect of Perfons or favour of any Man. So help you GOD.

For the Governor, viz.

8. YOU 7. T. now chofen to be Governor over this State of Connecticut, for this Year enfuing, and until a new be chofen and fworn, Do fwear by the Everliving GOD, to promote the public Good and Peace of the fame, according to the best of your Skill; and that you will maintain the lawful Rights and

Oaths.

Privileges thereof as a fovereign, free, and independent State; as alfo, that all wholefome Laws and Orders that are or shall be made by lawful Authority here eftablished, be duly executed; and will further the Execution of Juftice, for the Time aforefaid, according to the Rules of God's Word, and the Laws of this State: So help you GOD.

4.

You

For the Lieutenant-Governor, viz.

YOU M. G. now chofen to be Lieutenant-Governor over this State of Connecticut, for this Year enfuing, and until a new be chofen and fworn, Do fwear, &c.-as in the Oath For the Governor, mutatis mutandis.

For the Affftanis, viz.

5. You 7. H. being choo

the Year enfuing, Do fwear by the Everliving God, to promote the public Good and Peace of the fame, according to the beft of your Skill; and that you will maintain the lawful Privileges thereof, according to your Understanding; and alfo affift in the Execution of all fuch wholesome Laws and Orders as are or fhall be made by lawful Authority here established; and will further the Execution of Juftice for the Time aforefaid, according to the righteous Rules of God's Word and the Laws of this State. So help you GOD.

For the Judges of the Superior, and County Courts, mutatis mutandis, viz.

6. YOU being appointed Judges of the Superior Court over this State, for the Year enfuing, Do wear by the

329

Lt. Governor.

Affiftants.

name of the Everliving GOD, that as Judges of the faid Court, you judges of fu will faithfully and impartially adminifter Juftice according to Law, perior and take no Bribe, give no Counsel in any Matter that fhall come be- county courts. fore you, nor deny Right to any; but well and truly perform

your Office of Judges, as aforefaid, according to your best Skill

and Judgment.

7.

You

So help you GOD.

For Faftices of the Peace, viz.

fwear Name

that as Juftice of the Peace in the County of If, accor ding to the Commiflion given you, you will adminifter Juftice equally and impartially in all Cafes, and do equal Right to the Poor and to the Rich, after your best Skill and Power and according to Law: And you fhall not be of Counsel in any Quarrel that fhall come before you, nor let for Gift or other Caule; but well and truly do your Office of Justice of the Peace, taking only your lawful Fees. And you fhall not direct or cause to be directed, any Warrant by you made, to the Parties, but you fhall direct your Warrant to the Sheriff, his Deputy or Constable, or other Officer proper for the Execution of the fame, in the County, or to fome indifferent Person; and this you fhall do without favour or refpe&t of Persons. So help you GOD.

U bl

Juftices.

330

Treasurer of the itate,

Sextetary.

Sheriffs.

Reprefentatives.

8.

YOU

Oaths.

For the State Treafurer, viz.

DU J. L. being chofen Treafurer for the State of Connecticut, for the Year enfuing, and until a new be chofen, Do fwear, that you will, according to the best of your Skill, attend the Place and Office of a Treasurer for this State, in fending out your Warrants for collecting all fuch Sums of Money as are due to this State, by Fines, Rates or otherwise; and that you will pay out of the fame in luch Suns and in fuch Manner as you fhall be appointed to by the Court, as you fhall have it in the commnon Treafury: And that you will, according to Law. fea ̧ the Conftables make up their Accompts with you, or fine them according to Law for their Neglect: and that you will render a true Account of all things concerning your Office when you are called thereunto by the General Court. So help you GOD.

9. YOU

For the Secretary, viz.

OU G. W. being chofen Secretary of this State of Connecticut, for the Year enfuing, and until a new be chofen, do fwear, that you will keep the Secrets of the Court, and carefully execute the Place and Office of a Secretary according to the best of your Skill; and truly and faithfully record all Acts and Orders of the Court, and deliver true Copies and Certificates when they fhall be neceffarily required of you. So help you God. For the Sheriffs, viz.

10. YOU E. W. being appointed Sheriff for the County of

Diligence ferve all fuch Writs and Attachments as shall be direct-
ed to you (and come to your Hand) by lawful Authority, and re-
turn them to the Court where they are returnable; and also that
you will ferve all fuch Executions, ranted by the Secretary,
Treasurer, or other Clerk authorized thereunto, delivered into
your Hands, and collect or levy the Goods you are directed to, ac-
cording to the faid Executions, whether it be for the public Treaf-
úry or particular Perfons; and that you will with convenient
Speed, deliver fuch Goods as you shall levy as aforesaid, into the
Hands of the Treafurer or other particular Perfon or Perfons to
whom they do belong: and that you will do and execute all fuch
lawful Commands, Directions, and Warrants as you shall receive
from the Governor, or any Magiftrate, Magiftrates, or Juftice of
the Peace, Court or Courts, according to your Office; and thus
during the whole Time you fhall continue in your
Office, you
will demean yourself without Refpect of Perfons, or Favor of
Man: But in Cale you meet with any Difficulty, which you can-
not refolve, you may fufpend until you can have Advice therein
from Authority.
So help you GOD.
For the Deputies or Reprefentatives, viz.
do fwear by the Everliving God, that in all Cases

11.

any

You do car te to deliver your Vote or Sentence

against any Criminal Offence, or between Parties in any Civil Cafe, you will deal uprightly and juftly, according to your best Judgment without refpect of Perfons: and that you will according to your Skill and Ability aflift in all other public Affairs of

this Court faithfully and truly, according to the Duty of your you fhall be present to attend the fame.

Place, when

12.

For the Grand Jurors, viz.

So help you GOD.

OU do fwear by the Name of the Everliving God, that

enquire after, true Prefent

ment make of all Breaches of Law that fhall come to your Knowl- Grand-jurors. edge, according to your Charge (unlefs fome religious Tie of Confcience furely bottomed upon the Word of God, bind you to Secrecy) the fecrets of the Caufe, your own and your Fellows you will duly obferve and keep: You will prefent no Man for Envy, Hatred or Malice; neither will you leave any Man unpresented for love, Fear or Affection, or in hope of Reward; but you will prefent Things truly as they come to your Knowledge, according to the best of your Understanding, and according to the Laws of this State. So help you GOD.

For the Petit-Jurors, viz.

OU fwear by the Everliving God, that without refpect

13. YOU

boo

of Perfons, or favour of any Man, you will well and truly try, and true Deliverance make, between the State of Con Petit-jurors. necticut, and the Prisoner at the Bar, whom you fhall have in

Charge, according to your Evidence, and the Laws of this State.

So help you GOD.

For the Jurors in Civil Cafes, viz.

that

14. You fwebe given you in Charge, between the Plains

will duly try the Iffue or Iffues

cafes.

tiff and Defendant, or Plaintiffs or Defendants, according to the Jurors in civil Evidence given you in Court, and the Laws of this State; and accordingly a true Verdict give: Your own Counsel and your Fellow's you fhall duly obferve and keep: You fhall fpeak nothing to any One of the Business and Matters you have in Hand, but among yourselves, nor fhall you fuffer any to speak unto you about the fame, but in Court; and when you are agreed of any Verdict, you shall keep it fecret till you deliver it up in Court. So help you GOD.

For the Jury of Inqueft, viz.

* 15. You that you how and in what Manner 4. B. Jury of in

OU fwear that you will diligently enquire, and true

(here lying dead) came to his Death; and you shall deliver up to quest.
the next Afliftant or Justice of the Peace a true Verdict thereof,
according to fuch Evidence as fhall be given you, and accor
ding to your Knowledge.
So help you GOD.

16.

You

For Witneffes, viz.

fwear that the Evidence you fhall give to this Court, concerning the Cafe now in Queftion, fhall be Witneffes. the Truth, the whole Truth, and nothing but the Truth.

For Conftables, viz.

So help you GOD.

17. YOU A. B. fwear by the Everliving God, that for the

Year enfuing, and until new be chofen and fworn, Conftables. you will faithfully execute the Place and Office of Constable, for