Election. Governor, Lieutenant-Governor, Affiftants, and fuch other public Officers as fhall be appointed to be chofen, fhall by Proxy of the Freemen be attended and confummated in the General Affembly to be holden at Hartford, upon the fecond Thursday of May, annually. And that the election by Proxies may be fo regulated and managed, as to prevent the using any Fraud or Deceit therein : It is further Enacted, That the Secretary of the State, for the Time being, fhall with the Acts and Orders of the General Court in October, yearly, fend a Copy of the Names of all those Perfons who are nominated as aforefaid, to ftand for Election as aforefaid, to the Printer, in order that the faid Perfons Names may, with the faid Acts, be diftributed to the several Towns in this State. And the feveral Constables in the respective Towns throughout this State, without further Order, on the Penalty aforefaid, fhall by themselves, or fome deputed by them, warn all the Freemen in their respective Towns, to convene at the Place where fuch Meetings are usually held, on the Monday next following the firft Tuesday in April, annually, at nine of the Clock in the Morning; when and where they fhall first choofe Deputies to attend the General Court in May next following; where alfo fhall be read to them the Freeman's Oath; the three laft Paragraphs of this Act, and the Names of those Perfons nominated to stand for Election: And then the Freemen fhall proceed to bring in to the Civil Authority, (or if none be prefent) to the Conftable or Conftables prefent, the Name of him whom they would have for Governor for the Year enfuing, fairly written upon a piece of Paper; which the faid Authority, or Conftable or Conftables fhall receive, and in the prefence of the Freemen feal up the fame in a piece of Paper, and write on the out-fide of the Paper fo fealed, the Name of the Town; and then add these Words, viz. Votes for the Governor. In like Manner they fhall proceed in bringing in, fealing up, and writing upon their Votes for the Lieutenant-Governor, Treasurer and Secretary. But before the Treasurer and Secretary are voted for, the Freemen fhall bring in their Votes for those nominated to ftand for Election; beginning with him that stands firft in the Nomination, and bring in their Votes for him; which by the faid Authority, or Constable or Conftables, shall be received, fealed up, and written upon, as aforefaid; inferting the Name of the Perfon voted for; and fo fhall they proceed till they have paffed through the whole Nomination. But no one Freeman to vote for more than twelve of the Number in Nomination to be Affiftants. And the Votes for election of Affiftants fhall be a written piece of Paper, (and no unwritten piece of Paper fhall be given in): And the Civil Authority or Conftables who receive the Votes and feal them up as afore Affiftants. faid, fhall by themselves, or one of the Deputies of the Court, convey the faid Proxies to Hartford, and deliver them at the Election, as they shall be ordered, to thofe Perfons who are appointed to receive, fort, and count the faid Votes. And at the Time of the Election (the Governor and Lieutenant-Governor being firft chofen and declared) thofe ftanding in Nomination fhall be put to Election in the fame Order as they are propounded; after which those twelve Perfons who thall have the greatest Number of Votes, fhall be the Affiftants of this State for the Year then enfuing; and fhall be fo declared accordingly. And alfo Declaration fhall be made of the choice of the Treasurer and Secretary. And if any Person that is not a Freeman of this State; admitted and fworn according to Law, fhall prefume to vote or give in his Proxy in the Election of any of the Members of the General Affembly; or if any Freeman fhall put in above one Vote or Proxy for one Perfon at the fame Election to one Office, he fhall pay a fine of five Pounds, to the public Treafury of this State. And Gov. & Lt. Governor to be first chored, & then the affiftants fen & decla Penalty on fuch as vote who are not qualified, &c. 46 Penalty on fuch as un duly inflence others in their votes. and on fuch as accept a fee for giving or refuf. ing to give any vote. Members unduly elec ted, incapable to ferve Who to make prefentment. Preamble. The governor impower ed to lay embargoes. Provifo. Embargoes. And whereas undue Influence, Bribery, and Carruption in Elections, are of pernicious Tendency in a State: Be it further enacted by the Authority aforefaid, That if any Perfon fhall endeavour unduly to perfuade or influence any other Perfon or Perfons, in giving their Vote or Suffrage for any Member of the Legiflature, by offering to any Perfon or Perfons any written Vote or Votes for that Purpose, without being firft thereto requested, fuch Perfon fo offending, fhall pay a Fine of forty Shillings, for the Ufe of the Town Treasury. And be it further Enaded, That no Perfon or Perfons fhall offer, accept, or receive any Sum or Sums of Money, or other Matter or Thing, by way of Gift, Fee or Reward, for giving or refufing to give any Vote or Suffrage for electing any Member of the General Affembly of this State, nor promife, procure, or any ways confer any Gratuity, Reward, or Preferment for, or on account of any Vote or Suffrage given, or to be given in any Election And every Perfon fo giving, offering, accepting or receiving as aforesaid, shall in every fuch Cafe, forfeit and pay the Sum of five Pounds one Half to him or them that fhall fue for and profecute the fame to Effect, and the other Half to the Treafury of the Town where the Offence is committed. And any Perfon who shall be convicted a second Time of the like Offence, fhall be disfranchised. ; And that every Perfon who fhall be elected by Means of fuch evil and illegal Practice as aforefaid, fhall be and hereby is declared to be incapable to ferve as a Member in fuch Affembly; unless fuch Perfon fhall be able to fatisfy faid Affembly, that the fame was done altogether without his Privity, and that he was not directly or indirectly concerned therein. And be it further enacted by the Authority aforefaid, That it shall be the Duty of every Conftable and Grand-jury-man, to enquire after, and make Prefentment of all Breaches of this A&t. An Act to enable the Governor to lay an Embargo, and for rendering the fame when laid effectual. WHEREAS the Exportation of Neceffaries, and other Articles that may be wanted in Times of Scarcity, and Times of War, may reduce the Inhabitants of this State to great Straits, and prove very prejudicial to the public Interest: Which to prevent; BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That the Governor of this State, for the Time being, by and with the Advice of the Council, is hereby fully impowered, and defired from Time to Time, as there fhall be Occafion, to iffue out and fend forth his Proclamation, thereby to prohibit and forbid the Transportation, or carrying out of this State, either by Land or Water, any Article or Thing that the Govornor, and his Council fhall think neceffary and expedient to prohibit for the Time fet and limited, in, and by fuch Proclamation: Provided always, that fuch Embargo fhall not extend to hinder any neceffary Provifions from being put on Board any Ships of War, or Privateers, or Merchant Ships, or Veffels belonging to this State, or to any of the Inhabitants thereof, or to the United States, for their neceffary Stores, Bills of which Stores always to be allowed by fome Affiftant, or Juftice of the Peace, in which Allowance, regard is to be had to the Number of Men, and Length of the Voyage intended, nor fhall the fame continue in Force after the expiration of twenty Days next after the begining of the next General Affembly that hall happen after the Date of fuch Proclamation. And Encroachments. And that all Embargoes, when laid by the Governor and Council as aforefaid, or by the General Affembly, may be rendered effectual": !....i Be it enacted by the Authority aforesaid, That upon the publishing of a Proclamation for an Embargo regularly laid, every Perfon whatfoever, and all Masters of Ships or other Veffels, lying within this State, fhall forthwith: land and stop, all and every embargoed Article or Thing, as they then have on Board fuch Ships or Veffels, or loaded in or upon any Cart, Carriage, Waggon, Pack-horfe or otherwife, for Tranfportation, or that may be driving on the Foot, contrary to fuch Proclamation, or give a true Invoice and Account thereof to fome Naval Office, Afiftant or Justice of the Peace, and alfo become bound with two fufficient Sureties to the Treafurer of this State, in the penal Sum of five Times the Value of fuch embargoed Articles or Things, which they are about tranfporting and carrying out as aforefaid, with a Condition to faid Bond importing, that if faid embargoed Articles or Things fhall be landed, or fold in fome Place in this State, for the Ufe of the Inhabitants thereof, then the faid Bond to be void, but on failure thereof; to be and remain in full Force. . Duty of affil tants & juftices, ex offi cio, to feize, &c. And if any Perfon or Perfons, hall refufe and neglect to conform himself to this Act, it shall be lawful for any Affiftant or Juftice of the Peace, and they are hereby ordered in fuch Cafe, ex Officio, or on complaint or Information, to iffue forth a Warrant to a proper Officer, to feize and fe cure fuch embargoed Articles or Things, until fuch Perfon or Perfons fhall conform to this act, and alfo pay all Costs occafioned by faid Refusal or Neglect, faid Cofts to be taxed and allowed by fuch Affiftant or Juftice. And be it further enacted, That if any Perfon or Perfons fhall tranfgrefs this Act, by carrying or driving out of this State any embargoed Article or Thing, contrary to faid Proclamation, he or they fhall forfeit double the Value thereof, to be recovered by Bill, Plaint, or Information in any Court proper to try the fame; one Half to him or them who fhall profe value, &c. cute the fame to Effect (if profecuted by a common Informer) and the other Half to the public Treafury of this State; but if profecuted by any public Informing Officer, then the whole of faid Forfeiture to belong to laid public Treafury. And all Informing Officers are hereby directed to profecute all Breaches of this Act. An Act to prevent Encroachments on High-Ways, and on common and undivided Lands. BE it enabled by the Governor, Council and Reprefentatives, in General Court And if the Person or Perfons warned as aforefaid, do not cause such Forfeiture double the Encroachments made within 15 years, how removeable, &c. . 48 Charge of Equity. Fence or Encroachment to be removed within the Time fo limited, it fhall be lawful for the faid Select-men, Committee, or the faid three Proprietors, to remove the fame.. And the Perfon who made fuch Encroachment, fhall pay to fuch Selectremoval by men, Committee or Proprietors, the Charge of fuch Warning, and throwing down and removing such Encroachment; to be recovered by Action before any Court proper to try the fame. whom paid. Courts of equity how to proced. No appeal except, &c. And if the Perfon offending as aforefaid, fhall commit the like Offence, by taking in the fame, or a greater or leffer Quantity of any High-way, common or undivided Land, where his Fence has been removed as aforefaid, he fhall incur the Penalty of forty Shillings, for every fuch Offence, as often as he fhall commit the fame; to be recovered by Bill, Plaint, Action or Information by the Perfon who gave the Warning, and caufed the faid Fence or Encroachment to be removed; one Half of the Penalty to be to the Profecutors, with così of Profecution, and the other Half to the County Treasury of the County in which the Offence is committed. In which Trials no Appeal fhall be allowed. And that every Perfon profecuted for faid Offence, fhall be deemed guilty thereof, unless he can fatisfy the Court that hath cognizance thereof, that he did it not himself; nor by his Order or Confent, caufe, or procure faid Offence to be committed. And it fhall be lawful for fuch Select-men, Committee, or Proprietors, without further Notice, to remove fuch Encroachment as often as it fhall be fet up, after it hath been once removed as aforefaid. And be it further enacted by the Authority aforefaid, That if thofe, or any of those Persons that shall pull down and remove fuch Fence or Encroachment as aforefaid, fhall be fued in Trefpafs for fo doing, by any Perfon or Perfons whofe Fence fhall be fo pulled down or removed, fuch Select-men, Committee or Proprietors, who fhall pull down and remove the faid Fence, or cause the fame to be done, may plead not guilty, and give this A&t in Evidence on the Trial; and if the Plaintiff or Plaintiffs in fuch Action shall not prove that the Fence removed, when ftanding was well on the bounds of his or their Lands, or their Lands for whom the Plaintiff or Plaintiffs hold the fame, and fo was not any Encroachment, as aforefaid, Verdict shall be given in favour of the Defendants. In which Cafe, as in Cafe alfo of a Nonfuit, Judgment shall be rendered for double Cofts in favour of the Defendants. An Act for regulating proceedings in Equity. BE it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That the feveral Courts in this State having Jurifdiction of Suits brought for relief in Equity, fhall proceed therein according to the Rules of Equity, and the ufage of the General Affembly in fuch Cafes, and fhall take Cognizance, as Courts of Equity, of fuch Matters only, wherein adequate Remedy cannot be had in the ordinary courfe of Law; and fhall keep Records of their Proceedings, and have Power to enforce their Decrees by granting Execution thereon against the Estate or Perfon, or in any other Manner proper for a Court of Equity; and no Appeal fhall be allowed from any Sentence or Decree of any Court given in any Suit for relief in Equity, except where fpecial Provifion is made by Law for that Purpose. And be it further enacted by the Authority aforefaid, That when any Minor When a mi- under the Age of twenty-one Years, fhall be interested in any mortgaged, or other Real Estate, which in Equity ought to be conveyed to any other Perfon nor is inter efted, &c. Equity, as to Depreciation. 49 Perfon or Perfons, and fueff Conveyance is decreed and ordered by the Court having Cognizance of the fame, the Guardian of fuch Minor is Guardian authorized, hereby authorized and impowered to make and execute fuch Conveyance in behalf of fuch Minor; which Conveyance, fo made, fhall be good and effectual in Law. &c. And the faid Court fhall have Power to enjoin fuch Guardian to make Penalty. the fame, under a fuitable Penalty. And if fuch Minor have no Guardian, at the Time of bringing fuch Suit, the faid Court is hereby authorized to appoint one; and the Guardian fo appointed, fhall have Power to do every Thing in behalf of fuch Minor, proper for his Defence in fuch Suit, and for carrying the Decree of the Court therein, into Effe&. An Act ascertaining the Value of Continental Bills of Credit, and of Contracts made therefor, and directing the Courts to determine according to Equity, all Suits brought thereon. BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That all Contracts made on or before the first Day of September, 1777, for lawful Money, or for Bills of Credit of this State, or Continental Bills of Credit, fhall be deemed equal to the fame nominal Sum in Gold or Silver. That all Contracts made between the firft Day of September, 1777, and the 18th Day of March, 1780, understood or expreffed to be for the common Currency of the United States, or of this State, fhall be rated in Spanish milled Dollars, or other Coins equivalent, agreeable to the following Table, which fhews the Value of one hundred Spanish milled Dollars in Continental Bills of Credit, at the feveral Times therein expreffed, which is agreeable to the Scale adopted by Congress. 1777, September ift, Court att thorized to appoint a guardian. 15th, 15th, 1548 October Ift, 109 September ift, 400 Auguft Ift, 1631 15th, 115 15th, 429 November rft, 15th, 121 October Ift, 464 September ift, 1800 127 15 h, 500 15th, 1908 December, ift, 133 November ift, 345 October IA, 2032 15th, 139 15th, 584 15th, 1778, December Ift, 634 November ift, January Ift, 2433 15th, December Ift, 2597 February Ift, 160 January ift. 15th, 167 March ift, 175 February 742 15th, 2741 Ift, 2932 15th, April rft, 15th, 1048 15th, 3533 May 230 April ift, 1104 March Ift, 3732 15th, 245 15th, 1156 June Ift, And be it further enacted by the Authority aforefaid, That all Contracts made on or before the 18th Day of March, 1780, may be discharged by paying the juft Value of the Currency contracted for, as afcertained by this Act, in Silver or Gold, or in Bills of Credit of the United States at G |