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IN CON V EN TI O N.
MONDAY, September 17, 1787.

PRE'S EN T,
The States of New Hampshire, Massachusetts, Connecticut, Mr.

Hamilton from New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South Carolina, and Georgia.

RESOLVED THAT the preceeding Constitution be laid before the United States in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each state by the people thereof, un. der the recommendation of its legislature, for their assent and ratification; and that each Convention afsenting to, and ratifying the same, should give notice thereof to the United States in Congress affcmbled.

RESOLVED, That it is the opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the states, which Thall have ratified the same, and a day on which the electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution. That after such publication the electors should be appointed, and the senators and representatives elected : That the ele&ors should meet on the day fixed for the election of the President, and should transmit their votes certified, figned, sealed and directed, as the Constitution requires, to the secretary of the United States in Congress assembled, that the senators and representatives should convene at the time and place assigned ; that the senators should appoint a president of the senate, for the fole purpose of receiving, opening and counting the votes for President; and that after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution.

By the unanimous Order of the Convention.

GEORGE WASHINGTON, President, WILLIAM JACKSON, Secretary.

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In the Name of the PEOPLE of the State of Connecticut. WE the Delegates of the People of said State, in General Convention assembled, pursuant to an A&t of the Legislature in O&ober last, have assented to and ratified, and by these presents do afsent to, ratify and adopt the Constitution, reported by the Convention of Delegates in Philadelphia on the 17th day of Septeraber, A. D. 1787, for the United States of America. DONE in Convention, this gth day of January, A. D. 1788. In witness whereof we have herennto let our hands,

(Here follow the Nemes of the Signers.) STATE OF CONNECTICUT, F.

Harzrord, January 9, Anno Dom. 1788. THE foregoing Ratification was agreed to, and figned as above, by One Hundred and Twenty-Eight, and difsented to by Forty Delegates in Convention, which is a Majority of Eighty-Eight.

Certified by MATTHEW GRISWOLD, President, *Teat, JEDEDIAH STRONG, Secretary.

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ACTS AND LAWS, Passed 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

securing the same. THE People of this State, being by the Providence of God, free and independent, have the fole and exclufive Right of governing them

Preamble. selves as a free, Sovereign, and independent State, and having from their Ancestors derived a free and excellent Conftitution ef Government whereby the Legislature depends on the free and annual Ele£tion of the People, they have the best Security for the Preservation of their civil and religious Rights and Liberties. And forasmuch as the free Fruition of such Liberties and Privileges as Humanity, Civility and Chriftianity call for, as is due to every Man in his place and Proportion, without Impeachment and Infringement, hath 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. E it enacted and declared by the Governor, and name of

Conftitution PARAGRAPH 1. BE

and Council, and Houfe of Representatives, the State. in General Court assembled, 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, shali be and remain the Civil Constitution of this State, under the sole authority of the People thereof, independent of any King or Prince whatever. And that this Republic is, and shall forever be and remain, a free, sovereign and independent State, by the Name of the STATE OF CONNECTICUT.

Abatement and Amendment of Writs.

2. And be it further enacted and declared, That no Man's Life General secu- shall be taken away: No Man's Honor or good Name shall be rity of the rights of the

stained : No Man's Person shall be arrested, restrained, banpeople. ifhed, dismembered, nor any Ways punished : No Man shall be

deprived of his Wife or Children; No Man's Goods or Estate shall 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.

3. That all the free Inhabitants of this or any other of the United Equal justice States of America, and Foreigners in Amity with this State, shall to be admin- enjoy the same justice and Law within this State, which is genutered.

eral for the State, in all Cases proper for the Cognizance of the Civil Authority and Court of Judicature within the fame,

and that without Partiality or Delay. No person to

4. And that no Man's Person shall be restrained, or imprisoned, be imprisoned by any Authority whatsoever, before the Law hath sentenced him without law

thereunto, if he can and will give sufficient Security, Bail, or able in all ca

Mainprize for his Appearance and good Behaviour in the mean fes, except,

Time, unless it be for Capital Crimes, Contempt in open Court, or in lüch Cases wherein some express Law doth allow of, or order the fame.

and bail

&c.

57

ble on pay

any Ara

An Act relating to the Abatement and Amendment of

Writs, reversal of Judgments, &c.

E it enacted by the Governor, and Council, and House Writs abated, Par. 1. and amenda,

of Representatives, in General Court afsembled, That when

any

Plex shall be made in Abatement of any Writ or Proment of costs. cess, before the Superior or County Court, or

before fiftant or Justice of the Peace, that if it be ruled in Favour of the Defendant, the Plaintiff shall have Liberty to amend that Defect, on his paying down to the Defendant his Costs to that Time; And then to proceed as he night have done if no such Defect had been : And in case the Defendant appeal from a Judgment given on Pleas of Abatement and shall not make good his Plea, bi the Judgment of that Court to which he appeals, Costs shall by such Court be awarded against him, however the Cafe shall fi

nally issue, and Execution granted for the same. No writ a

2. And be it further enaĉted, That no Writ, Pleading, Judgbateable for ment, or any kind of Proceeding in Court or Course of Justice, circunftantial shall be abated, suspended or reversed for any kind of circum

ftantial Errors, Mistakes or Defects, if the Person and the Cause may be thereby rightly understood and intended by the Court.

3. And be it further ena&ted, That when any Action being Death of the commenced shall be depending in any of the Superior or party Mall not County Courts in this state, and the Plaintiff in such Action abate the

shall afterward, and before final Judgment thereon die, the writ, in case originally

fame shall not abate if the Action might originally be prosecuted prefecutable by his Executor or Administrator, but in such Case the Execu

error.

Abatement and Amendment of Writs, &c. Age.

23

&o.

tors or Administrators may enter, if they see Cause, and profecute by or against the same. And if the Defendant in any Action die, after the same the executors, is commenced and depending as aforesaid, and before final Judgment, then the fame shall not abate, if such. Action might be originally prosecuted against his Executors or Administrators, and the Plaintiff, or the Exocutor or Administrator of such Plaintiff may in such Case, have a Scire Facias against the Executors or Administrators of such deceased Defendant, to fhew Cause why Judgment' shall not be rendered against them: which being duly served, at least twelve Days before the Court, to which the same is returnable, and returned, the Action shall proceed to final Issue according to Law.

4. And be it further enacted, That if in any A&tion commenced, there be two or more Plaint: fs or Defendants, and one or more Writ not to aof them die, pending the Suit, if the Cause of Action survive to bate by the the surviving Plaintiff or Plaintiffs, or against the surviving De death of one fendant or Defendants, the Writ or Action shall not abate; but

of the parties fuch Death being suggested upon the Record, the Action shall proceed.

&c.

An Ad Authorizing Amendments in Proceedings at Law,

and in Equity.
[ENACTED IN MAY 1794.]

E it enaĉted by the Governor, and Council, and House of PAR. 1. several Courts of Law and Equity in this State, in any action hereaf. Parties per

mitted to ater brought, may at any time permit the parties respectively to a

mend any des mend any defeát, mistake or informality in the writ, declaration, fect in writs, pleadings, or other parts of the record in civil causes pending be- declarations fore them, upon payment of the lawful costs to the other party, &c. at the discretion of the Court in which the fame shall be pending, And in case of any amendment of a declaration, the Court shall' grant the defendent a reasonable time to make answer thereto.

An Act relating to the Age Ability and Capacity of

Persons.
PAR,1.

B
E it enacted by the Governor, and Council, and House of

Reprefentatives, in General Court, assembled, That all Persons of the Age of Twenty-one Years, of right 'Under- Age for dispostanding and Memory, whether excommunicated or other, (not tate by will, otherwise legally incapable) shall have full Power, Authority and &c. Liberty to make their Wills and Testaments, and all other lawful Alienations of their Lands and other Estates ; and to give their Age for difpo. Vote, Verdiet or Sentence in any Matter or Cause. And all such ling of person

al estate: And Persons of the Age of Seventeen Years, shall have Power and Au

for choling thority to dispose of their personal Estate, by Will or Teftamente guardians.

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And the Age for choosing Guardians, shall be fourteen Years for
Male, and twelve Years for female Children.

Provided nevertheless, That such Persons as are condemned to Provifo.

Death, the Charges of their Prosecution, Imprisonment and Exccution being first answered and paid out of their Estate, the Reinainder thereof shall be disposed of according to Law.

2. And in order to avoid Perpetuities, it is hereby provided, That no Proviso, to Estate either in Fee-Simple, Fee-Tail, or any lefser Estate, shall be prevent pere given by Deed or Will to any Person or Persons but such as are in

Being, or to the immediate Isue or Descendants of such as are in
Being at the Time of making such Deed or Will. And that all
Estates given in Tail, shall be and remain an absolute Estate in
Fee-Simple, to the Issue of the first Donec in Tail.

PAR. 1.

fendant may

An Act for the directing and regulating of Civil Actions.

E it enacted by the Governor, and Council, and Hoafe -Ordinary pro

of Representatives, in Gereral Court assembled, That sess what. the ordinary Process in Civil Actions in this State, shall be

a Summons or an Attachment, fairly written, figned by a Magistrate, Justice of the Peace, or Clerk of the Court, mention ing the Court, the Time and Place of Appearance ; therein also containing a Declaration of the Substance of the Action : Which

Attachments may be granted against the Goods or Chattels of the How ferred. Defendant ; and for want of them, the Lands or Person of the De

be attached ; Provided the Plaintiff when he prays out an Attachment, gives sufficient Security to prosecute his Ac. tion to Effect, and answer all Damages in Case he make not his Plea good. And like Security shall be given by some fubftantial Inhabitant of this State, on granting a Summons, when the Plaintiff is not an Inhabitant of this State ; or if it shall appear to the Authority figning the same, that the Plaintiff is unable to pay the Cost of Prosecution, if recovered against him. And all Writs and Processes shall be directed to the Sheriff, his Deputy, or some ConAtable, if such Officer can be had without great Charge or Inconvenience : And in every Case wherein the Authority figning a Writ shall find it necessary to direct the same to an Indifferent Person, such Authority shall insert the Name of the Indifferent Person in the Direction of the Writ, and the Reason of such Direction : and if any Writ, be otherwise directed, it shall abate.

Provided nevertheless, Nothing herein fhall extend to affect Provifo.. Summons's for Witnesses, Warrants to Collectors of Rates, or

Warrants granted by Military Officers.

2. And that no Person shall be required to make Answer in any 12 days notice Civil Action, real, personal or mixt, except the Writ or Procels, for superior or if returnable to the Superior or County Court, hath been served county courts upon him at least twelve Days inclusive, before the Day of the 5 days before Court's fitting: or if returnable to an Afiftant or Juftice, the justices court. fame hath been served lix Days inclusive, as aforesaid: Which

Service shall be, ifa Summons, by reading the same in the Hearr

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