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Forms of Writs, &c. 215

which is to the Damage of the said T. C. as he faith, the Sum of

Dollars, and therefore he brings this Suit, &c. (the said

T. C. having given sufficient Bond to prosecute this Action to
I'sscct, and frtisfy such Damages, Demands and Dues as the ad-
verse Party shall recover against him.) Hereof fail not, andmaka
Uue Return of this Writ, with your Doings therein, &c.

Dated, &c. J. H. Justice of Peace.

The like for a Writ of Replevin before an Assistant or Jus-
tice, Mutatis Mutandis.

6. Bond for Prosecution.

YOU C. S. and E. C. of H. acknowledge yourselves jointly j^fj^ Pr*' and severally bound to J. L. qf in a Recognizance of

Dollars, That T. R. of W. shall prosecute the Attachment er Replevin he hath now 'aken out against the said J. L. at the next County Court to be holden at H. on the Tuesday of next, to fall Effect; and answer all Cost and Damages in Cafe he make not his Plea good. Taken and acknowledged in H. the Day of, &c. Before me,

J. W. Justice of Peace.

9. A Warrant for collecting Rates.

To A. B. Collector of the Town Rate of the Town of, Ac. Greeting. •

BY Authority of the State of Connedicut, you are hereby com- Warrant son manded forthwith to levy and collect of the Persons named collecting in the annexed List, herewith committed to you, each one his town r»tes. several Proportion, as therein set down, of the Sum total of such List; being a Tax or Assessment granted and agreed upon by the Inhabitants of the said Town of, &c. regularly assembled on the Day of for defraying of the necessary Charges arising within the lame ; and to deliver and pay the Sum and Sums which you shall so levy and collect, unto the Treasurer of the said Town, (or to C. D. being by laid Town appointed to receive the same) at or before the Day of And if any Person or Persons shall neglect or refuse to make Payment of the Sum or Sums whereat he or they are respectively assessed, and set in the said List, to distrain the Goods or Chatties of such Person, or Persons, and the famedispose of as the Law directs: returning the Overplus (if any be) unto the Owner or Owners. Andfor Want of Goods and Chatties, whereon to make Distress, you are to take the Body or Bodies of the Person or Persons so refusing, and him or them commit unto the Keeper of the Gaol of the said County, within the said Prison; who is hereby commanded to receive and safely keep him or them, until he or they pay and satisfy the laid Sum or Sums assessed upon him or them as aforesaid, together with your Fees ; unless the said Assessment, or any Part thereof, upon Application made to the County Court, shall be abated. Dated at G. 63c

10. Always provided, and it is furtktr tn.aB.ed, That it shall be lawful for any Person or Persons within this State, as often as Pnm'8' 4i6 Fornication. Frauds and Perjuries.

*1 1 I.,, , ■ , - ,i a

Occasion shall require, to make use of other and diverse Forms than what are before in (his Aft prescribed, so that the Substance' of the Matter or Action be well contained therein^ according t« Law.

An Act for the Punishment of Fornication*

X3E it enaBed by the Governor and Council, and House of Repre

JLJ sentatives, in General Court assembled, That if any Man shall fine 6 del*. commit Fornication with any single Woman, upon due Conviction thereof, each of them shall pay a Fine of Six Dollars to the Treasury of the County in which such Conviction is; or be cor-porally punished by whipping, not exceeding Ten Stripes each; at the Discretion of the County Court who shall have Cogniranee of said Offence.

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An Act for Prevention of Frauds and Perjuries.

[enacted In May 1771.]

Pa» TJ-fiiV enacted by the Governor and Council, and fioufe of floruit in law A * -D Representatives, in General Court assembled, That orwjuity to be no Suit in Law or Equity shall be brought or maintained upon brought upon any Contrast or Agreement that shall be made after the first Day

a.V>>T K. of December, One Thousand Sevcn*§Iundred and Seventy-One* tnat inall be , ,' „ , . . n ','

made after the whereby to charge any Jlxecutor or Administrator, upon any ipeistdayof Dec. cial Promise, to answer Damages out of his own Estate ; or where* 1771,tocharge by to charge the Defendant upon any special Promise to answer IT "ecUtor' for the Debt, Defaulter Miscarriages of another Person; or to specU^BTom- charge any Person upon any Agreement made upon Consideration is«. i"*"' of Marriage; or upon any Contract, or Sale of Lands, Tenements, Of Hereditaments, or any Interest in or concerning them ; or upon any Agreement that is not to be performed within the Space of one Year from the making thereof; unless the Agreement upon which such Action shall be brought, or some Memorandum or Note thereof shall be made in Writing, and signed by the Party to be charged therewith, or some othei Person thereunto by him lawfully authorized.

2. And be it further enabled, That no Suit in Law or Equity shall be brought or maintained upon any Contrast or Agreement that Jfofuit, &e. to shall hereafter be made, and not reduced to writing as aforesaid, be brought up but within three Years next after entering into, or making the unlTssCwUhin ^ame'or on any ^uc^ Contract or Agreement heretofore made, but 3 years &c. within three Years next after a Right of Action thereon shall accrue ; or if such Right of Action hath already accrued, such Suit shall not be brought, but within three Years next after the first Day oi June, One Thousand Seven Hundred and Seventy-One. Proviso. Provided, That nothing in. this Act con.tain.ed shall extend t«

any Action of Book Debt.

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E it enaUed by the Governor and Council, and House

r os Representatives, in General Court assembled, That

all fraudulent and deceitful Conveyances of Lands, Tenements,

»t i- /-.i ^1 i > ii? v m i r. • ~ conveyances

Hereditaments, (roods or Chatties: and all luch Bonds, suits, void.

Judgments, Executions or Contracts, made to void any Debt or
Duty of others; shall (as against the Party or Parties only, whose
Debt or Duty is so endeavoured to be avoided, their Heirs, Exe-
cutors or Assigns) be utterly void ; any Prete»ce, or feigned
Consideration notwithstanding.

2. And every of the Parties to such a fraudulent Conveyance, Bond, Suit, Judgment, Execution or Contract, who being privy thereunto, that shall wittingly justify the same to be done, bona Jside and upon tood Consideration: Or shall alien and assign any Penal^yi • Lands, Lease, Goodsor Chattels so to them conveyed, as aforesaid, . . .j

shall forfeit one Year's Value of the Lands, Lease, Rents, Common, or other Profit out of the fame ; and the whole Value of the ~ Goods and Chattels, and also so much Money as shall be contained'in such covinous Bond or Contracts; and being thereof convicted shall also suffer half a Year's Imprisonment without Bail: Which above Forfeitures shall be equally divided between the Party grieved, and the County Treasurer; except the Purchaser make it appear by two sufficient Witnesses, that the Contractor Bargain was made bona Fide, and on good Consideration, before any Seisure made by the Creditor or Officer of the Estate so conveyed ; and that it was without any design of Fraud to defeat the Creditor of his just Dues. {

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An Act relating to Freemen. sr

p VR T^^' *£ ena^ed the Governor and Council, and House os *S"&Q

'' -13 Representatives, in General Court affemiled, That the Town Clerks in the several Towns in this State, shall enroll J^^Jj** in their respective Offices, the Names of all such Persons in their names'* f free! lespestjve Towns, as are or shall be admitted Freemen of this men. State: Which Enrolments shall be made by the Direction of the Authority and Select-men of the Town, in the open Freemen's Meeting, legally assembled;

2. That no Person hereafter be admitted, and made free of this *dJnri" State, but in the open Freemen's Meeting of the Town whereto meeiins.1""1 he belongs, regularly assembled.

3. That all iuch Inhabitants in this State, as have accomplished the Age of Twenty-one Years, and hava the Possession of Freehold Estate to the Value of Seven Dollars, per Annum, or One

Hundred and Thirty-jour Dollars personal Estate in the general Qualifications
List of Estates in that Year wherein they desire to be admitted
Freemen; or axe possessed of Estates as aforesaid, and by Law ex^

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Penalties ap- 7. And one Half of the Fines that shall be recovered by Virtue propriated— of thjs Act, {hM beiong to the person or Persons who shall discover and give information of the Offence, and the other Half to Informing of- the Treasury of the Town where the Offence is committed. And fe"" ,0 PrC" ** be tne Dutv °f every Informing Officer, to enquire after

and present all Breaches of this Act.


An Act for Regulating Gaols and Gaolers.

A Gaol to be kept in each County.

E it enacted by the Governor and Council, and House of Representatives, in General Court assembled, That there shall be kept and maintained, in good and sufficient Condition and Repair, a common Gaol in every County Town, in the Two Caols in fevera^ Counties in this State; and there shall be two such comthe Counties mon Gaols in each of the several Counties of New-London, Fairaf New-Lon- field, and Middlesex; to wit, one in each of the Towns of Netvdon, tic. London, Norwich, Fairseld, Danbury, Middletown and Haddam.

.... 2. The whole charge of building (when there shall be Occa

Expence how fion) and of keeping such Gaols in Repair, shall be defrayed by defrayed. the respective Counties to which the fame belong.

3. And that the Assistants and Justices of the Peace in, thefevAss.stants. and era* Counties shall have full Power, and they are hereby empowJusticesem- ered, to tax the Inhabitants of their respective Counties, for yawered to building, repairing, and furnishing the said Gaols, as need fhalL tax the Coun- require: and from Time to Time to order, direct, and take Care

of the Building, and keep in Repair the said Gaols.

4. And the County Courts shall appoint a Collector in each County Court T'own within their respective Counties, to collect such Taxes; to appoint which Collectors shall have the same Powers and Fees as other

Collectors of Taxes in this State have. And in cafe any Person so appointed a Collector, shall refuse to serve: such Collector so refusing, shall pay a Fine of Seven Dollars to the Treasurer of the County : unless excused by the Countv Court. And said Court is hereby authorized to grant Execution to levy the fame accordingly, and to appoint another Collector, as often as there may . be Occasion.

5. And be it further enaBed, That the relpective Countv Treasurers shall .wive out their Warrants to such Collectors, to levy and

County Treaf- collect luch Tax ; and in Cafe such Collectors shall refuse or negurers to issue le£); to pay the fame into the Countv Treasury, according to the direction in such Warrant, the County Treasurer shall, by Warrant under his Hand directed to some proper Officer, make distress on such Collector's Persons or Estates, for satisfying such Sum or Sums as shall remain unpaid of the Sum or Sums that said Collector was ordered, by Warrant to him directed, tc levy and collect.

\ v. 6. And whenever it shall be necessary to build a new Court

CoUrt-houses House, or to repair any luch House in any County in this State, to be bui|t tie expence' thereof shall be defrayed by the Inhabitants of

appoint collectors &c.

Penalty on Collectors refusing to serve

■warrants, in cafe Ice.

Gaols and Gaolers. 22*

such County; and the Taxes that may he necessary for that Pur- attheexpence pose, shall be laid and collected in Manner aforesaid. of the Coun,y*

7. And be it further enabled, That all and every Person and Persons whatsoever, that shall be committed to the Common Gaol prjfoners to within any County in this State, by lawful Authority, for any bear their own Offence or Misdemeanor, having Means and Ability thereto, shall charges *e. Swar their own reasonable Charge for conveying or sending them

to the said Gaol, and also the Charge of such as shall be appointed to guard them thither, and also their Support while in Gaol, before they are discharged; and the Estate of such Persons shall be .subjected to the Payment of such Charge; and for want of Estate ■ they may be disposed of in Service, to answer the lame according to a Law, entitled, "An AS concerning Delinquents;" unless they shall be freed from the Payment of said Charge, agreeable to the Direction of the Law aforesaid.

8. That all Prisoners shall be permitted to provide, and send

for their necessary Food where they please; and to use such Bed- ^" ted*" use" ding, Linen, and other Necessaries, as they think fit, without tj,e;r own ne_ their being purloined, detained, or their paying for the fame : sectaries &c. neither shall any Keeper of a common Gaol demand of them greater Fees for their Commitment, Discharge, or Chamber-room, than what is allowed by Law.

■', 9» And if any Keeper of a common Gaol shall do, or cause to he done to any Prisoner committed to his Custody, any Wrong or prison keepers Injury contrary to the true Intent of this Act, he shall pay treble "heiJVrifoaDamages to the Party grieved; also such Fine as the County Court ers•f the County wherein the Offence is committed, upon Information or Complaint to them made, shall (on considering all circum

stances) think fit to impose upon him, 10. That when any Pe: ~

iany Person or Persons are committed to Prison, in any Civil Matter or Action, the Keeper «f the Prison shall not When allowed stand charged with his or their supply of Victuals and other neces- t(^Jkeryj£eM saries: And in cafe the Prisoner hath no Estate, and will and do take before an Assistant or Justice of the Peace, the following Oath, viz.

YOU A. B, solemnly swear, that you have not any Estate, real *r personal in Possession, Reversion, or remainder of the Value of Seventeen Dollars in the whole; orfuffinent to pay the Debt or Damages for which you are imprisoned; and that you. have not direQly or indirectly fold, or otherwise disposed of all or any Part of your Estate, thereby to secure the fame, to receive e>r expeft any Profit or Advantage thereof; or to defraud or deceive any of your Creditors.

So help you God.

11. Provided always, and be it further enaEed, That said Oath shall Bot be administered to any such Debtor, until the Creditor, ^"jfiej'J* ** or Creditors of such Prisoner, if Inhabitants within this State, fjjew cause, otherwise the Attorney of such Creditor or Creditors, be duly notified to appear, and shew reason, (if any be) why such Oath /j 1// should not be administered, at least four Days inclusive before the / Day when the same is to be administered.

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