30 affiftants. Courts. That when, and fo often as it shall happen, that by reafon of the necefTo call in fary Abfence of, or juft Exception against any of the Judges of the faid Superior Court, there fhall not be a fufficient Number of them to hold faid Court, to try any Caufe, the fame fhall be fupplied by any of the Affiftants of this State. One julge, power to e pen and ac journ. Sheriff power to adjourn Judges power to appoint a clerk, &c. County Courts, their powers, &c. of matters of That any one of the Judges of faid Court, being at the Place and Time for opening faid Court, fhall have full Power to open and adjourn the fame. And that if all the Judges of faid Court fhall be providentially hindred, or fhall not be there at the Time for opening faid Court, the Sheriff of the County fhall, and he is hereby impowered to adjourn the faid Court by Proclamation to the next Day, till the Judges may arrive at the Place. Which Adjournments fhall be good and effectual, and all Parties concerned in faid Court are to take Notice accordingly. That the Judges of faid Court fhall have full Power to appoint and fwear a Clerk for faid Court, who fall be, and he is hereby fully impowered to grant Executions on Judgments rendered in faid Court, to act and do all Things proper for him as Clerk of faid Court in the Execution of his Office, according to the Rules, Orders and Directions of faid Court, and according to Law. Be it further enacted by the Authority aforefaid, That their shall be held and kept in each refpective County in this State, yearly, and every Year, at the Times and Places hereafter in this Act mentioned, two Courts of Common Pleas or County Courts, by a Judge with two or more Juftices of the Quorum, to be appointed and commiffioned for that Purpose; any three of whom fhall have Power to hold faid Court, which Court shall have full Power to hear, examine, try and determine, by a Jury or otherwife, according to Law, all civil Caufes, real, perfonal or mixt; and alfo all criminal Matters, not extending to Life, Limb, Banifhment, Adultery or Divorce, regularly brought before them. And alfo, all Suits for Relief in Equity, wherein the Matter or Thing Jurifdi&tion in demand does not exceed the Sum of One hundred Pounds, and proceed therein to a final Sentence and Decree, and enforce the fame according to the Rules of Equity. equity. To tax. When and And the faid County Courts or Courts of Common Pleas in each County, and the Grand-jurors there prefent, fhall alfo have Power and Authority, and they are hereby impowered to grant and levy a Tax annually, as the Neceffity of the Cafe may require, upon each Town in the faid County, according to the Lifts of Eftate for fuch Year, for the Paying thofe Debts of the County or neceffary Charges thereof which cannot be paid out of the Fines and Perquifites allotted for that End. That the Times and Places for holding the faid County Courts within where held. the feveral and refpective Counties fhall be as follows: That is to fay; For the County of Hartford, at Hartford, on the first Tuesday in April and November, annually. Hartford. For the County of New-Haven, at New-Haven, on the first Tuesday in New-Haven April, and on the fecond Tuesday in November, annually. For the County of New-London, at New-London, on the fecond Tuesday New London in June, and at Norwich, the fourth Tuesday in November, annually. Fairfield. Windham. Litchfield. To call fpecial court. For the County of Fairfield, at Fairfield, on the third Tuesday in April and November, annually. For the County of Windham, at Windham, on the third Tuesday in June, and the fecond Tuesday in December, annually. And for the County of Litchfield, at Litchfield, on the fourth Tuesday in March and September, annually. That the Judge of each refpective County Court fhall be, and he is hereby impowered to call a fpecial County Court upon any extraordinary Occafion. That Courts. That the Judge and Juftices of each refpective County Court, fhall be, and they are hereby tanpowered to adjourn the faid Court upon any neceffary Occafion, as they fhall fee Caufe, to fome diftant Time. And the Judges of the County Court in New-London County, fhall have Liberty to adjourn to and hold their adjourned Courts either in the Town of New-London or Norwich, as they fhall judge convenient. N. London county may adjourn to N.London or Norwich. Juftices may be called on to make a quorum. And that when, and so often as it shall happen, that by reafon of the ne. ceffary Absence of, or juft Exception against the Judge or any of the Juftices of the Quorum in any County, there fhall not be a fufficient Number of them to hold fuch Court, or try any Caufe, the Quorum fhall be fupplied by any of the Juftices of the Peace of that County to which the Court belongs. And the faid County Courts are hereby impowered to nominate, appoint To appoint and fwear their own Clerks and a Treasurer for their refpective Counties. Which Clerks, fo appointed and fworn, fhall be, and they refpectively are hereby impowered to grant Attachments, Summonfes, and Replevins according to Law: Alfo to grant Executions on Judgments rendered in faid Courts on which Executions are to be iffued; and to act and do all other Matters and Things according to the Orders and Directions of faid Courts, proper for them in the Execution of faid Office, and according to Law. Be it further enacted by the Authority aforesaid, That the chief Judge or Prefident for the Time being of the Superior Court, and the Judge or Prefident for the Time being of the County Courts, whenever an Equi-vote shall fall out in either of the faid Courts, fhall refpectively have a cafting Voice. The like Power and Authority every Prefident or Moderator, in any civil Court, Meeting or Affembly in this State, fhall exercife in fuch Cafes. clerk and treasurer. Clerks to be fworn,-their power, &ic. Chief judge, &c. to have a cafting voice. Courts of ftituted -tổ have a clerk probate in &c. And be it further enailed by the Authority aforefaid, That there fhall be a Court of Probate held and kept in each of the feveral Districts hereafter mentioned, to be held by one Judge to be appointed and commiffioned for that Purpose: Each of which Judges fhall have a Clerk, by him to be appointed and fworn to the Office: Which Courts of Probate fhall have the Power and Cognizance of the Probate of Wills and Teftaments, granting. Administration, appointing and allowing of Guardians, and of acting in all Jurifdiétione teftamentary and probate Matters, and in every other Thing proper for a Court of Probate to act in according to Law. That the Districts of the feveral Courts of Probate fhall be as follows: Several dif That is to fay; That the Towns of Hartford, Windfor, Weathersfield, and Suffield, fhall be one District, and called by the Name of the District of Hartford. That the Towns of New-Haven, Milford, Derby and Woodbridge, fhalf be one Diftrict, and be called by the Name of the District of New-Haven.. That the Towns of New-London and Lyme, fhall be one District, and called by the Name of the District of New-London. That the Towns of Fairfield and Norwalk, fhall be one Diftrict, and called by the Name of the District of Fairfield. tricts. Hartford. New-Haven' Ń. London. Fairfield. Windham. That the Towns of Windham, Lebanon, Mansfield and Coventry, shall be one District, and called by the Name of the District of Windham.. That the Towns of Plainfield, Canterbury, Killingly and Voluntown, (except the two north Societies in Killingly) fhall be one District, and called Plainfield. by the Name of the District of Plainfield. That the Towns of Guilford and Branford, fhall be one District, and cal Guilford. led by the Name of the District of Guilford. That the Towns of Woodbury, New-Milford, and the Society of Judea in the Town of Washington, fhail be one District, and called by the Name of Woodbury, the District of Woodbury. That That the Towns of Eaft-Haddam, Colchester, Hebron and that Part of ChaE.Haddam. tham fouth of Salmon-river, fhall be one District, by the Name of the Dif trict of East-Haddam. Litchfield. Stanford. Danbury, Norwich. Middletown Pomphret. Sharon. Stafford. Symfbury. That the Towns of Litchfield, Gofben, Torrington, Cornwell, Harwinton, the Society of East Greenwich in Kent and the Town of Washington, (except the Society of Judea) fhall be one District, by the Name of the District of Litchfield. That the Towns of Stanford and Greenwich, fhall be one District, by the Name of the District of Stanford. That the Towns of Danbury, Redding, Newtown, Ridgfield and New-Fairfield, fhall be one District, by the Name of the District of Danbury. That the Towns of Norwich and Prefton, fhall be one District, by the Name of the District of Norwich. That the Towns of Middletown, Haddam, Durham and Chatham (except that Part fouth of Salmon-river) shall be one District, by the Name of the Diftrict of Middletown. That the Towns of Pomphret, Afhford, and Woodstock, Society of Mortlake and the two north Societies in the Town of Killingly, fhall be one Diftrict, by the Name of the District of Pomphret. That the Towns of Sharon, Salisbury, Canaan and the firft Society in the Town of Kent, including the Lands on the weft Side of Oufatunnuck-river annexed to faid Kent,fhall be one District by the Name of the District of Sharon. That the Towns of Stafford, Tolland, Willington, Somers, Union, and the eaft Part of the Society of Ellington in the Town of Eaft-Windfor, extending as far Weft as the weft Line of Tolland, fhall be one District, by the Name of the District of Stafford. That the Towns of Symbury, Berkhempfted and Hartland, shall be one Diftrict, by the Name of the District of Symbury, That the Towns of Stonington and Groton, shall be one District, by the Stonington. Name of the District of Stonington. Farmington That the Towns of Farmington, Southington and New-Hartford, shall be one District, by the Name of the District of Farmington. That the Towns of Wallingford, Chefbire, and the Society of Norford in Wallingford the Town of Branford, shall be one District, by the Name of the District of Wallingford. Say-Brook. Stratford. That the Towns of Say-Brook and Killingworth, fhall be one District, by the Name of the District of Say-Brook. That the Town of Stratford, fhall be one District, by the Name of the Diftrict of Stratford. That the Town of Eaft-Windfor, (except that Part of the Society of ElE. Windfor. lington lying Eaft of a meridian Line drawn from the north-west Corner of Tolland) the Towns of Glaffenbury, Enfield, Bolton, and Eaft-Hartford, fhall be one District, by the Name of the District of Eaft-Windfor. That the Towns of Waterbury and Watertown, fhall be one District, by Waterbury. the Name of the District of Waterbury. Norfolk. Courts to be held in any town within the diftrict. Judge may call in jufti ces to affift. That the Towns of Norfolk, Colebrook and Winchester, shall be one District, by the Name of the Diftrict of Norfolk. In each of which Districts fhall be kept and held, a Court of Probate, as aforefaid. That the Judges of the feveral Courts of Probate aforefaid, fhall have Liberty and Power, and the fame is hereby given them, to hold their faid Courts in any of the Towns within the refpective Districts to which they are or fhall be appointed. And that fo often as any difficult or difputable Matter, happen in any Cafe depending before any of the Judges of the Court of Probate, fuch Judge fhall have Liberty and Power to call in to his Affiftance, any two or three Deaths, fudden. three of the Juftices of the Quorum of that County in which such difputable Matter arifeth. And be it further enacted by the Authority aforefaid, That if any Perfon be aggrieved with the Judgment, Sentence, Decree, Determination, Denial, or Order of any of the Courts of Probate, he may appeal to the Superior Court in that County in which the Matters of Difpute and Controverfy fhall happen to be or arife. Every Perfon fo appealing, giving fufficient Security to profecute fuch Appeal to Effect and answer all Damages in cafe he fail to make his Plea good. Provided, That fuch aggrieved Perfon (if within this State, or the States of New-Hampshire, Maffachusetts, Rhode Island, New-York or New-Jersey, and of full Age at the Time of fuch Court of Probate's, declaring fuch Order, Sentence, or Decree, fhall within eighteen Months after fuch Declaration, or within eighteen Months after he or fhe come to the Age of twentyone Years, or come into this State, enter his or their Appeal from fuch Judgment, Sentence, Determination, Denial or Order. And all Perfons aggrieved, as aforesaid, and being of full Age, and prefent, or having legal Notice to be prefent at the Court of Probate which fhall give fuch Judgment, Sentence, Determination, Denial or Order, fhall have Liberty to appeal to the next Superior Court, and to no other after. And be it further enacted by the Authority aforesaid, That the said Supe rior Court, and the faid respective County Courts, and Courts of Probate, fhall have a proper Seal belonging to each of the refpective Courts, to ferve and ufe for all Caufes, Matters, Things and Affairs proper for the faid, Courts respectively. Each of which Courts are hereby impowered, to procure their respective Seals; and the fame being fo procured, fhall be lodged with the Clerks of the respective Courts, to be improved by their Direction An Act concerning fudden or untimely Deaths. BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That when, and so often as any Perfon fhall come to any fudden, untimely, or unnatural Death, or be found dead in this State, the Manner of whofe Death is not known, the next Affiftant or Juftice of the Peace, or in their Abfence the Confta ble of the Town, fhall forthwith fummon a Jury of twelve able and difcreet Men, who fhall be fworn by fuch Officer to enquire of the Caufe and of the Manner of fuch Perfon's Death; and fhall prefent upon Oath a true Verdict thereof, under their Hands, unto fome near Affiftant or Juftice of the Peace, who fhall return the fame to the next Superior Court in the fame. County. And if any Man fummoned to ferve as a Juror to enquire as aforefaid, fhall refufe or neglect to appear and attend that Service, according to Summons, he shall forfeit the Sum of ten Shillings for every fuch Neglect, to the Ufe of the Treafury of the Town whereto, he belongs: To be levied by Warrant from any Affiftant or Juftice of the Peace before whom fuch Juror fhall be convicted of fuch Refufal or Neglect. And that no Fee or Reward fhall be allowed for any of the Services aforefaid. 34 Book debts out-la wed after seven years, if the debtor, &c. be dead. Provifo. Debts by Book. Debtors abfconding. An A&t concerning Book Debts. BE Provided, That the Time that this State fhall have been engaged in War, fhall not be computed in faid Limitation. And that in all Actions on Book Debts, that fhall be tried by a Jury, the Jury fhall well weigh and confider the Credit of the Parties or any other Perfons interested, admitted by the Court to take the Oaths in or out of Mode of e- the Court, in fuch Cafes and fuch Form, as Teftimonies in other Cafes are by Law allowed, together with any other Evidence given them, and all the other Circumftances attending fuch Cafes; and upon their Oaths fhalt give their Verdict thereon for what they shall find justly due upon their Evidence. vidence. Ballance may be re covered in favor of the defendant. Provifo. When the defend ant neglects to appear, &c. no cofta to be allowed him in an after fuit, unlefs, &c. Preamble. That in every Action of Debt brought on Book, wherein it shall appear upon Trial, that the Plaintiff in the Action, is in Arrear or in Debt to the Defendant to balance Book Accounts; the Court, Affiftant, or Justice of the Peace, before whom the Trial fhall be, fhall give Judgment for the Defendant, to recover the fame of the Plaintiff, together with his just Costs. Provided, That no Affiftant, or Justice of the Peace, fhall in fuch Cafe, give Judgment for the recovery of fuch Balance when the fame shall exceed four Pounds.. And be it further enacted by the Authority aforefaid, That if any Defendant in Action of Debt on Book, brought against him, before any Court, Affiftant, or Juftice of Peace in this State, fhall neglect to exhibit his Account on Trial, to be adjusted as aforefaid, and fhall afterwards bring. Action against the other Party, for the recovery of any fuch Articles of Book Debt as might have been adjusted and fettled in the Trial of the former Action, if he recover Judgment for fuch Debt, he shall not be allowed any Coft; unless he make it appear to the Satisfaction of the Court, Affiftant, or Juftice, before whom the Trial is, that he had no Knowledge of the former Suit, before the Time of Trial, or was inevitably hindred from appearing and exhibiting his Account as aforesaid. An Act for the recovery of Debts, out of the Estate or FOR the better preventing Fraud and Deceit, fometimes defigned and praised by ill-minded Debtors, who betrust their Goods, Eftate or Effes in the Hands of thers, with Intent to reserve and secure the same to their own Uje, and thereby defeat their Creditors of their just Dues; or they not being Inhabitants within this State, conceal their Goods and Effects fo that they cannot be attached or be made liable to the Payment of their Creditors by any ordinary Procefs of Law: BE |