ོ An Act for the equal Divifion and Distribution of any Infolvent e ftates to be equally divided, &c. BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That when the Estate of Perfon deceased fhall be infolvent, or infufficient to pay all the juft Debts which the deceased owed, the fame shall be fold, and the avails thereof be divided and diftributed to and among all the Creditors, in Proportion to the Sums to them refpectively owing, fo far as the Eftate will extend, faving except. that the Debts due to this State, and for Sickness, and neceffary funeral Charges of the deceased are to be first paid. And the Executor or Adminiftrator appointed to adminifter on any fuch infolvent Estate, before Payment be made to any Perfon, (except as before excepted) fhall reprefent the Condition and Circumftances thereof unto the Judge of the Probate of Wills and granting of Administrations, who fhall nominate and appoint two or more fit and indifferent Persons, to make a true and equal Appraisement of fuch Eftate, and adminifter the Oath by Law prescribed to them for that Purpofe; and fhall alfo norninate and appoint two or more fit Perfons to be Commiffioners, with full Power to receive and examine all the Claims of the feveral Creditors, and how they are made out and evidenced; which Commiffioners fhall be fworn according to Law,' and cause the Times and Places of their Meetings for attending the Creditors, in order for the receiving and examining of their Claims, to be made known and publifhed, by fetting up or pofting Notifications thereof in fome public Places in the Town where fuch deceased Perfon laft dwelt ; and also by advertising the fame in one or more of the public News-papers in this State, and any further Notice that the Court of Probate may order: And the faid Judge of Probate fhall allow fix, ten or eighteen Months (as) the Circumstances of the Eftate may require) for the Creditors to bring in their Claims and prove their Debts: At the End of which Time limited as aforefaid, fuch Commiffioners fhall make their Report, and prefent a List of all Claims to fuch Judge, who fhall order them a meet Recompence out of the Eftate for their Care and Labour in that Affair. And if on the Report of the Commiffioners, fuch Estate shall appear to be infolvent, the Judge of Probate to whom fuch Report is made, fhall order and fet out to the Widow of the deceased, (if any be) fuch neceffary houfhold Goods as are mentioned in the Law, entitled, " An Act for direlling and regulating the levying and ferving Executions," to be exempted from Execution; which Goods fo fet out, fhall be her own Property. And the Judge fhall alfo order the Widow's Dower to be fet out according to Law: And the Refidue and Remainder of faid Eftate, both real and perfonal, (including that fet out for the Widow's Dower, and under the Incumbrance of her holding it for Life) the Judge of Probate fhall order and direct the Executor or Adminiftrator, or Executors or Administrators appointed to administer on such Eftate, to fell in fuch Way and Manner as to the Judge fhall appear fafeft and most for the Benefit of the Creditors. And fuch Executors and Adminiftrators, being fo ordered and directed, fhall have full Power and Authority, and they are hereby authorised and impowered to make Sale thereof, and to make and execute legal and proper Conveyances to the Purchasers, which fhall be good Evidence in Law for their holding the faine accordingly. And fuch Sales being made, the said Executors and Adminiftrators fhall render Account to the Judge of Probate of the Amount thereof, and the Monies arifing thereby. And the Judge fhall thereon order full Payment to be made of the Debts due to this State, and for Sicknefs, neceffary funeral Expences, and incident Charges of fettling and felling the Eftate: And the Refidue to be paid to the feveraf Creditors Executor or adminiftrat or's duty, &c. Commiflion ers to be appointed, &c. of commifioIf on report ners the eftate proves infolvent, how to proceed. 106 Provifo. No fuit allowed, &c. Execution to be stayed, &c Creditors not bringing in their claims, to be debar'd &c. Unlefs, &c. Judges and Juftices. Creditors who have made out and evidenced their Claims according to the Directions of this Act, as aforefaid, in Proportion to the Sums to them. refpectively owing. Provided always, That notwithstanding the Report of any fuch Commiffioners, or Allowances thereof made by the Court of Probate, it fhall and may be lawful to, and for the Executors or Adminiftrators aforefaid, to contest the Proof of any Debt at the common Law. And no Procefs in Law (except for Debts due to this State, and for Sicknefs, and funeral Charges) fhall be admitted or allowed against the Executors or Adminiftrators of any infolvent Eftate, fo long as the fame thall be depending as aforefaid. And in cafe Judgment fhall be rendered against any Executors or Adminiftrators of any infolvent Eftate, Execution thereon fhall be stayed until fuch Eftate can be fettled according to this Act: And the judgment Creditor fhall take no more than his Proportion of the faid infoivent Estate with the other Creditors; and in Cafe that be not paid on the Settlement of the Eftate, fuch Creditor fhewing the fame, and producing a Certificate of his Proportion, the Court fhall order Execution on fuch Judgment for no móré than the Proportion aforesaid, And whatsoever Creditor ihall not make out his or her Claims with fuch Commiffioners, before the full Expiration of the Time fet and limited for that Purpose, as aforefaid, fuch Creditor fhall forever after be debarred of his or her Debt; unless he or she can fhew or find fome other or further Eftate of the deceased, not before difcovered and put into the Inventory. An Act for conftituting Judges and Juftices of the Peace in this State, and for impowering and directing them in their refpective Offices. BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Judges of the Superior Court, and the Judges of the County Courts, and Courts of ProJudges of bate which now are or hereafter fhall be erected and conftituted in this courts to be State, being firft appointed by the General Affembly of this State, fhall appointed, commiffioned be refpectively fworn to a faithful Difcharge of their Office; and fhall alfo be commiffioned and authorized to the Execution of their respective Offices, by a Commiffion figned by the Governor of this State for the Time being, and fealed with the State Seal. and fworn. Juftices in like manner. Their power and duty. Gov. lieut. gov. and af fiftants to ex ecute the of fice of a juft ice, &c. And that the Juftices of the Peace in each County in this State, being first appointed by the General Affembly, fhall alfo be commiffioned in the Manner aforefaid, to the Execution of fuch Office; and fhall be fworn to a faithful Discharge of the fame. And that the faid Judges and Juftices of Peace, appointed, commiffioned, and sworn, as aforefaid, fhall be, and they are fully authorifed and impowered to exercife and execute the Office, Duty, and Truft to which they are or fhall be appointed, commiffioned and fworn, as aforefaid, to every Purpose and Intent, according to the Nature, End and Design of their refpective Offices, according to the Laws of this State, for the common Good and Peace of the State, and the doing equal and fpeedy Juftice to the People therein: And all fuch Commiffions fhall remain in Force till called in, or fuperfeded by Act of the General Affembly. And be it further enacted by the Authority aforefaid, That the Governor, Lieutenant-Governor, and every Aflitant in this State for the Time being, may, and hereby are fully authorized and impowered to exercise and execute the Office of a Juftice of the Peace, in and throughout this State. And A juftice to iffue process, And that every Juftice of the Peace fhall have Authority to iffue Procefs, to be ferved in any Part of this State, to apprehend and bring before him, any Perfon against whom Complaint is made for any criminal Offence, for which he ought to be brought before fuch Juftice for Trial or Examina- &c. tion; and may in like Manner grant Summons or Capias for Witneffes in fuch Cafes. And any Sheriff, Sheriff's Deputy, or Conftable, to whom fuch Process, Summon, or Capias fhall be directed by Name and Office, fhall and may Sheriffs and execute the fame at any Place within this State, where the Perfon or Perfons conftables against whom the fame iffued, are not to be found within the official Pre- power extencinct of fuch Officer. And the Authority granting fuch Procefs, Summon ded, &c. or Capias, if it be judged neceffary, may direct the fame to fome fuitable indifferent Perfon, who fhall have the fame Power to execute the fame, and command Affistance, as Sheriffs and Conftables by Law have to execute Warrants to them directed. That when-ever the Judge of any County Court fhall be abfent out of this State, or be by Sickness, or otherwife unable to attend the Duty of faid Office, the fenior Juftice of the Quorum in fuch County, who fhall be prefent, and able to attend the Bufinefs, fhall be invefted with all the Powers and Authorities of Judge of faid Court, to all Intents and Purposes. And for preventing all Occafions of partial and undue Proceedings in Courts, and avoiding Jealoufies that may arife concerning Judges and Justices: It is further enacted by the Authority aforefaid, That in every Cafe of a Civil Nature, between Party and Party, where there fhall be fo near a Relation between any Judge or Justice, and any of the Parties, as between Father and Son, either by Nature or Marriage, Brother and Brother in like Kind; Uncle and Nephew; Landlord and Tennant; fuch Judge or Juftice shall have no Power to vote, or give Sentence therein. And be it further enacted by the Authority aforesaid, That any one Affiftant or Juftice of the Peace fhall have full Power, and they are hereby authorized and impowered to take and accept a Confeffion and Acknowledgement of any Debt, from a Debtor to his Creditor; either upon, or without an antecedent Procefs, as the Parties fhall agree; which Confeffion fhall be made only by the Perfon of the Debtor himself: And on fuch Confeffion fo made, the Affiftant or Juftice fhall make a Record thereof, and thereon grant out Execution in due Form of Law. And if fuch Executions fhall be levied on the Lands of any fuch Perfon confeffing, as aforefaid, according to the Laws directing the levying Executions on Lands, the fame shall be recorded in the Records of the Town wherein the Land is fituate, and being fo done and recorded, fhall be a good Evidence of a Title to fuch Creditor or Creditors for whom it fhall be taken as aforefaid, their Heirs and Affigns. Provided, No Confeffion fhall be made or taken in the Manner aforefaid, for more than the Value of Twenty Pounds, Debt, and the Cost of taking fuch Confeffion, or which may have arifen on an antecedent Suit for fuch Debt, the fame being agreed to by Debtor and Creditor. [This Paragraph next above recited, was made and paffed in the General Affembly held on the fecond Thurfday in May, Anno Domini, One thousand feven hundred and forty-two; with this Difference,---That in the Place of the Words, "recorded in the Records of the Town wherein the Land is fituate, was inferted thefe Words, "returned to, and recorded in the Office of the Clerk of the County Court, in the fame County where fuch Land lieth.] Judge of C. court being abfent, &c. In what cafe juftice may a judge or not judge. One affiftant or juftice may take a con feffion, &c. and grant out execu tion, &c. Provifos 108 Jury-men chofen. Jurors. An Act for providing and regulating of Jurors in Civil Actions. BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Civil Authority, how & when Select-men, Conftables and Grand-jury-men in the feveral Towns hereafter in this Act named, fhall fometime in the Month of January, annually, meet together; and when so met, fhall choose to serve as Jury-men at the several Superior and County Courts, in that County to which fuch Towns refpectQualification ively belong, fuch a Number of their able, judicious Freeholders as is hereafter in this Act prefcribed: Each of which Freeholders fhall have a Freehold Eftate, rated in the general Lift at Fifty Shillings or more. of jurors. Box to be provided. fue warrants to fummon jury. And that in each of the faid Towns hereafter named, there fhall be a Box provided at the Coft of the Town, with a Lock to it, and lodged in the Town-Clerk's Hands; and when the Jury-men are chofen, as aforefaid, the Town-Clerk fhall write each Man's Name fo nominated, on a piece of Paper by itself; and put the feveral Names fo written, in the said Box, and keep the fame locked in his Hands, that the faid Names may be drawn as hereafter provided. Be it further enacted by the Authority aforejaid, That fome convenient Time before the fitting of the aforefaid Courts, the Clerk of the Superior, and of Clerks to if the refpective County Courts in this State, fhall iffue out Warrants, directed to either of the Conftables of the feveral Towns hereafter named; or to some of them in the County in which the Court is to be held, to fummon and warn so many able, judicious and lawful Freeholders of their Town as the Warrant directs, to attend and serve as Jurors at fuch Court. And the Jurors for the Superior Court fhall be fummoned to attend at Jury when to two of the Clock, on the firft Day of the Seffions of fuch Court. attend. Conftables duty in drafting jury, &c. Sick or abfent. Jury warrant to be timely returned. Penalty on appearing. And the Jurors for the County Courts, fhall be fummoned to attend at eight of the Clock, on the third Day of the Seffions of faid Courts. And when any Conftable fhall receive any fuch Warrant, to fummon any. certain Number of Jury-men to attend and ferve as fuch, at any of the faid Courts, he fhall repair to the Town-Clerk, and in his Prefence, (or in his Abfence, in the Prefence of one of the Select-men of fuch Town) draw out of the Box aforesaid, the Number his Warrant directs him to fummon, without feeing those whofe Names he draws before he draws them; and having fo done, fhall then proceed to fummon thofe Men for Jury-men whofe Names he has fo drawn. But if any or all of the Men whofe Names are thus drawn, be at that Time either from Home or fick, or otherwife unavoidably hindred from attending fuch Court, his or their Name or Name's fhall be returned into faid Box, and others in his or their Room, drawn and fummoned in Manner aforefaid. And the Conftable fhall make timely Return of his Warrant, unto the Clerk that granted the fame, with an Indorfement thereon, certifying whom he has fummoned for the Purpose aforefaid; on Pain that every Conftable failing of his Duty therein, fhall forfeit and pay to the County Treasurer, for the Ufe of the County, a Fine not exceeding thirty Shillings, at the Dif cretion of the Judges of the Court; unless fuch Constable shall seasonably make his Excuse to the Acceptance of said Court. Be it further enacted by the Authority aforefaid, That if any Jury-man chojurors for not fen, drawn and fummoned as aforefaid, fhall make Default of Appearance according to the Directions of fuch Warrant, he fhall forfeit and pay to the Treasurer of the County wherein he dwells, the Sum of ten Shillings; unlefs the Court on hearing his Excufes made on his Behalf, fhall judge them fufficient, And And the several Towns hereafter named, shall choose the Number of Towns to Jury-men to the Name of each Town annexed: For Hartford County. For New-London County. | Plainfield, Twelve. choose jurors Canterbury, Twelve. Pomfret, Twelve. Voluntown, Twelve. Afhford, Twelve. Mansfield, Twelve. Woodstock, Six. For Litchfield County. Torrington, Six. Washington, Six. Hartland, Four. Waterbury, Six. Lebanon, Twelve. Cheshire, Six. Coventry, Twelve. Woodbridge, Six. Námes of towns, and the number of jurors in each. And each of the other Towns in this State fhall choose Six Jury-men. And if any of the faid Towns fhall neglect or refufe to provide fuch Box, or the Officers aforefaid fhall neglect to choose fuch Jury-men as herein provided, fuch Town fhall forfeit and pay to the Treafurer of the County to which it belongs, the Sum of Fifty Shillings; to be recovered on Information made by the State Attorney of that County, to the County Court; in which Trial no Appeal fhall be allowed. And be it further enacted by the Authority aforefaid, That if it fhall fo hap- And be it further Ena&ed, That every Conftable that shall summon fuch |