142

A Catalogue of the feveral Acts, in alphabetical Order.

Select-men.

218

Mills.

Ministers.

Money.

157 Ships.

226

157 Sickness.

227

160 | Sign-poft.

231

Monuments.

161 Silk.

ACTS AND LAWS, Paffed by the GENERAL ASSEMBLY of the State of CONNECTICUT.

An Act containing an Abstract and Declaration of the Rights and Privileges of the People of this State, and fecuring the fame.

TH

HE People of this State, being by the Providence of God, free and independent, bave the fole and exclufive Right of governing themselves as a free, fovereign, and independent State; and having from their Ancestors derived a free and excellent Conftitution of Government, whereby the Legislature depends on the free and annual Election of the People, they have the beft Security for the Prefervation of their civil and religious Rights and Liberties. And forafmuch as the free Fruition of fuch Liberties and Privileges as Humanity, Civility and Christianity call for, as is due to every Man in his Place and Proportion, without Impeachment and Infringement, bath ever been, and will be the Tranquility and Stability of Churches and Commonwealths; and the denial thereof, the Disturbance, if not the Ruin of both.

B

E it Enacted and Declared by the Governor, Council and Reprefenta

Preamble.

and name
of the State..

tives, in General Court affembled, and by the Authority of the fame, Conftitution That the ancient Form of Civil Government, contained in the Charter from Charles the Second, King of England, and adopted by the People of this State, fhall be and remain the Civil Conftitution of this State, under the fole Authority of the People thereof, independent of any King or Prince whatever. And that this Republic is, and fhall forever be and remain, à free, fovereign and independent State, by the Name of the STATE OF CONNECTICUT. ·

And be it further Erafted and Declared by the Authority aforefaid, That no Man's Life fhall be taken away: No Man's Honor or good Name fhall be ftained: No Man's Perfon fhall be arrested, reftrained, banished, difmembered, nor any ways punished: No Man fhall be deprived of his Wife, A

or

General fe

curity of the rights of the people.

Equal juftice to be

adminiftred.

No perfon to

be imprisoned without

law-and

bailable in

all cafes, except, &c.

Writs abat

ed, and amendable on payment of cofta.

No writ a

bateable for

circumftantial error.

Death of the party shall not abate

the writ, in eafe originally profecutable by or againft the execu tors, &c.

Abatement and amendment of Writs.

or Children: No Man's Goods or Eftate fhall be taken away from him, nor any ways indamaged under the colour of Law, or countenance of Authority; unless clearly warranted by the Laws of this State.

That all the free Inhabitants of this or any other of the United States of America, and Foreigners in Amity with this State, fhall enjoy the fame Juftice and Law within this State, which is general for the State, in all Cafes proper for the Cognizance of the Civil Authority and Courts of Judicature within the fame, and that without Partiality or Delay.

And that no Man's Perfon fhall be restrained, or imprisoned, by any Authority whatfoever, before the Law hath fentenced him thereunto, if he can and will give fufficient Security, Bail, or Mainprize for his Appearance and good Behaviour in the mean Time, unless it be for Capital Crimes, Contempt in open Court, or in fuch Cafes wherein fome express Law doth allow of, or order the fame.

An Act relating to the abatement and amendment of
Writs, reverfal of Judgments, &c.

BE it enacted by the Governor, Council and Representatives, in General Court
affembled, and by the Authority of the fame, That when any Plea fhall be
made in abatement of any Writ or Procefs, before the Superior or County
Court, or before any Affiftant or Juftice of the Peace, that if it be ruled
in favour of the Defendant, the Plaintiff fhall have Liberty to amend that
Defect, on his paying down to the Defendant his Cofts to that Time; and
then to proceed as he might have done if no fuch Defect had been: And
in cafe the Defendant appeal from a Judgment given on Pleas of Abatement,
and shall not make good his Plea, by the Judgment of that Court to which
he appeals, Cofts fhall by fuch Court be awarded against him, however
the Cafe fhall finally issue, and Execution granted for the fame.

And be it further enacted by the Authority aforesaid, That no Writ, Pleadding, Judgment, or any kind of Proceeding in Court or courfe of Juftice, fhall be abated, fufpended or reverfed for any kind of circumftantial Errors, Mistakes or Defects, if the Perfon and the Caufe be thereby rightly understood and intended by the Court.

may

And be it further enacted by the Authority aforesaid, That when any Action being commenced fhall be depending in any of the Superior or County Courts in this State, and the Plaintiff in fuch Action fhall afterward, and before final Judgment thereon die, the fame fhall not abate if the Action might originally be profecuted by his Executor or Adminiftrator, but in fuch Cafe the Executors or Adminiftrators may enter, if they fee Cause, and profecute the fame. And if the Defendant in any Action die, after the fame is commenced and depending as aforefaid, and before final Judgment, then the fame fhall not abate, if fuch Action might be originally profecuted againft his Executors or Adminiftrators, and the Plaintiff, or the Executor or Adminiftrator of fuch Plaintiff may in fuch Cafe, have a Scire Facias against the Executors or Administrators of fuch deceased Defendant, to fhew Caufe why Judgment fhall not be rendered against them; which being duly ferved, at least twelve Days before the Court, to which the fame is returnable, and returned, the Action fhall proceed to final Iffue according to Law.

And be it further Enacted, That if in any Action commenced, there be two or more Plaintiffs or Defendants, and one or more of them die, pend

ing

Age. Actions civil.

ing the Suit, if the cause of Action furvive to the furviving Plaintiff or Plaintiffs, or against the furviving Defendant or Defendants, the Writ or Action shall not abate; but such Death being suggested upon the Record, the Action fhall proceed.

An Act relating to the Age, Ability and Capacity of
Perfons.

BE it enacted by the Governor, Council and Reprefentatives, in General Court
affembled, and by the Authority of the fame, That all Perfons of the Age
of Twenty-one Years, of right Understanding and Memory, whether ex-
communicated or other, (not otherwife legally incapable) thall have full
Power, Authority and Liberty to make their Wills and Teftaments, and
all other lawful Alienations of their Lands and other Eftates; and to give
their Vote, Verdict or Sentence in any Matter or Caule. And all fuch
Perfons of the Age of Seventeen Years, shall have Power and Authority to
dispose of their perfonal Estate, by Will or Teftament. And the Age
for choofing Guardians, fhall be fourteen Years for Male, and twelve
Years for female Children.

Writ not to abate by the of the parties, &c.

death of one

Age for dif pofing of

real eftate by will, &c.

Age for dif pofing of perfonal eAtate: And

for choofing guardians.

Provided nevertheless, That fuch Perfons as are condemned to Death, the Charges of their Profecution, Imprisonment and Execution being firft Provifo. answered and paid out of their Eftate, the remainder thereof fhall be difpofed of according to Law.

And in order to avoid Perpétuities, it is hereby provided, That no Eftate, either in Fee-Simple, Fee-Tail, or any leffer Eftate, fhall be given by Deed of Will to any Perfon or Perfons but fuch as are in Being, or to the immediate Iffue or Defcendants of fuch as are in Being at the Time of making fuch Deed or Will. And that all Eftates given in Tail, fhall be and remain an abfolute Eftate in Fee-Simple, to the Iffue of the first Donee in Tail.

An Act for the directing and regulating of Civil Actions.

BE it enacted by the Governor, Council and Representatives, in General Court

Provifo, to

petuities.

prevent per

How ferted

affembled, and by the Authority of the fame, That the ordinary Process in Civil Actions in this State, fhall be a Summons or an Attachment, Ordinary fairly written, figned by a Magiftrate, Juftice of the Peace, or Clerk of the process Court, mentioning the Court, the Time and Place of Appearance; therein what. alfo containing a Declaration of the Subftance of the Action: Which Attachments may be granted against the Goods or Chattels of the Defendant; and for want of them, the Iands or Person of the Defendant may be. attached: Provided, the Plaintiff when he prays out an Attachment, gives fufficient Security to profecute his Action to Effect, and anfwer all Damages in cafe he make not his Plea good. And like Security fhall be given by some fubftantial Inhabitant of this State, on granting a Summon, when the Plaintiff is not an Inhabitant of this State; or if it fhall appear to the Authority figning the fame, that the Plaintiff is unable to pay the coft of Profecution, if recovered against him. And all Writs and Proceffes fhall be directed to the Sheriff, his Deputy, or fome Conftable, if fuch Officer can be had without great Charge or Inconvenience: And in every Cafe wherein the Authority figning a Writ fhall find it neceffary to direct the fame to an Indifferent Perfon, fuch Authority fhall infert the Name of the Indifferent Perfon in the direction of the Writ, and the Reason of fuch Direction; and if any Writ be otherwife directed, it shall abate.

A 2

Provided

4

Provilo.

12 days no

tice for fuperior or County courts.

6 days be fore juftices

court.

Perfons out of the State,

at the commencement

and do not

the court, actions to be continued, &c.

Actions civil.

Provided nevertheless, Nothing herein fhall extend to affect Summons's for Witneffes, Warrants to Collectors of Rates, or Warrants granted by Military Officers.

And that no Perfon fhall be required to make Anfwer in any Civil Action, real, perfonal or mixt, except the Writ or Procefs, if returnable to the Superior or County Court, hath been ferved upon him at least twelve Days inclufive, before the Day of the Court's fitting: Or if returnable to an Affiftant or Juftice, the fame hath been ferved fix Days inclufive, as aforefaid: Which Service fhall be, if a Summons, by reading the fame in the hearing of the Defendant or Defendants, or leaving an attefted Copy thereof at the Place or Places of his or their ufual Abode: But if an Attachment, the Service fhall be the attaching the Defendant or Defendants Estate or Perfon, and giving him Notice by reading the Writ to him or within his hearing, or by leaving an attefted Copy thereof at the Place of his ufual Abode, if that be within this State: And that all fuch Writs as are made returnable to the County Courts, fhall be returned to the Clerks, of faid Courts on the Day before the fitting of fuch County Courts, and not afterwards. That in cafe any Procefs be duly ferved on any Defendant or Defendants, and return thereof made to the Court to which the fame is made returnable, then if fuch Defendant or Defendants do not appear, his or their Default fhall be recorded, and Judgment entered up against him or them thereupon; unlefs he or they fhall come into Court, on or before the fecond Day of the fitting of faid Court, and move for a Trial, in which cafe he or they fhall be admitted thereto, upon paying down. to the adverfe Party the Cofts to that Time; and the Plaintiff fhall pay for entering the Action a-new.

But if the Party against whom Suit is brought, is not an Inhabitant or a Sojourner in this State, or is Abfent out of the fame at the Time of commencing fuch Suit, and doth not return before the firft Day of the Court's fitting, the Judges of the Court where fuch Suit is brought, fhall continue the Action to the next Court; and if the Defendant doth not then of the action appear, (by himself or Attorney) and be fo remote that the Notice of against them fuch Suit depending, could not probably be conveyed to him during the return before Vacancy, the Judges at fuch next Court may further continue the Action the fitting of to the Court thence next following, and no longer; but may enter up Judgment on Default after fuch Continuance or Continuances: And in fuch Cafes where Judgment fhall be entered up by Default after fuch Continuances as aforefaid, Execution fhall be ftayed and not iffue forth thereon until the Plaintiff fhall have given or lodged with the Clerk, a Bond with one or more fufficient Sureties to the adverfe Party, in double the Value of the Eftate or Sum recovered by fuch Judgment, to make Reftitution, and to refund and pay back fuch Sum as fhall be given in Debr or Damage, or fo much as fhall be recovered upon a Suit therefor; to be brought within twelve Months next after entering up the firft Judgment: If upon fuch Suit the Judgment fhall be reveried, annulled or altered, the Security aforefaid to be no farther anfwerable than for the Recovery that fall be made upon fuch Suit to be had within twelve Months, as aforefaid.

Provifo.

In actions on joint con

tras, fer

vice onthofe

within the State, good againit all.

Provided alfo, That no real Estate taken in Execution, granted upon fuch first Judgment, shall be alienated or paffed away, until after the Ex-' piration of the faid twelve Months, or after a new Trial had on a Suit' brought within the Space of twelve Months for the obtaining of Reftitution, as aforefaid.

That in Actions on joiat Securities, ar Contracts, when all the Defendants are not Inhabitants of this State, the Service of the Procefs on fuch of the Defendants as are Inhabitants of this State (if any) fhall be fufficient Notice to maintain the Suit against all the Defendants.

And if

any fuch Defendant