the Execution of their respective Offices, by a Commiffion figned by the Governor for the Time being, and fealed with the State Seal. peace in like 2. That the Juflices of the Peace in each County, being firft Juftices of the appointed by the General Affembly, fhall alfo be commissioned in manner, the Manner aforefaid, to the Execution of fuch Office, and fhall be fworn to a faithful Difcharge of the fame. 3. That no Tavern-keeper fhall hold or exercise the Office of Tavern keepJuftice of the Peace. ers incapable. 4. That the faid Judges and Juftices of Peace appointed, commiffioned, and fworn, as aforefaid, fhall be, and they are fully au- Power & duty thorized and empowered to exercife and execute the Office, Du- of judges and ty, and Truft, to which they, are or fhall be appointed, commif- justices. fioned, and fworn, as aforefaid to every Purpose and Intent according to the Nature, End, and Defign of their respective Offices, according to the Laws of this State, for the common Good and Peace of the State, and the doing equal and fpecdy Juftice to the People therein. office until 5. That all Judges and Juftices of the Peace, annually appointed, commiffioned and fworn, fhall be, and they are hereby fully To continue in authorized and empowered to exercife, and execute the Office, 20th June. Duty and Truft, to which they are, or fhall be appointed, commiffioned and fworn until the Twentieth Day of June, in the Year next enfuing fuch Appointment, unless fuch commiffion be fooner revoked or fufpended by Act of the General Affembly. 6. And be it further enacted, That the Governor, the Lieutenant Governor, &c. Governor, the Affiftants, and the Judges of the Superior to execute the Court for the Time being, respectively, be, and they are, fully office of a juf authorized and empowered, to exercife and execute the Office of the state. a Juftice of the Peace, in and throughout this State. tice thro'out 7. That the Judges of County Courts, and Juftices of the Quo- Judges of rum refpectively, fhall have Authority, and Authority is hereby county courts, granted them, to iffue Process returnable to the Courts to which &c. empowerthey refpectively belong, in all Civil Matters to be ferved in any procefs to any part of this State. ed to iffue part of the 8. That every Juftice of the Peace fhall have Authority to iffue ftate. process, to be ferved in any Part of this State, to apprehend and Juftices may bring before him any Perfon against whom Complaint is made for iffue criminal any criminal Offence, for which he ought to be brought before process to any fuch Juftice for Trial or Examination; and may in like Manner part of the grant Summons or Capias for Witneffes in fuch Cafes. ftate. 9. That any Sheriff, Sheriff's Deputy, or Conftable, to whom When sheriffs. fuch Process, Summons, or Capias, fhall be directed by Name and &c. may ferve Office, fhall and may execute the fame at any Place within this procefs out of State, where the Perfon or Perfons against whoin the fame iffued, their precincts are not to be found within the official Precinct of fuch Officer. And the Authority granting fuch Procefs, Summons or Capias, if Process may it be judged neceffary, may direct the fame to fome fuitable in- be directed to different Perfon, who thall have the fame Power to execute the an indifferen perfon. fame, and command Affistance as Sheriffs and Conftables by Law have to execute Warrants to them directed. 248 Senior justice Jurors. 10. That whenever the Judge of any County Court shall be quorum to pre abfent out of this State, or be by Sickness, or otherwise, unable fide in abfence of judge. to attend the Duty of faid Office, the fenior Justice of the Quorum in fuch County, who fhall be prefent, and able to attend the Business, fhall be invefted with all the Powers and Authorities of Judge of faid Court, to all Intents and Purpofes. In what cafe judge or juftice may not judge. of debt. and grant ex@cution, &c. a 11. And for preventing all Occafion of partial and undue Proceedings in Courts, and avoiding Jealoufies that may arife concerning Judges and Juftices. It is further enacted, That in every Cafe of a Civil Nature, between Party and Party, where there fhall be fo near a Relation between any Judge or Juftice and any of the Parties, as between Father and Son, either by Nature or Marriage; Brother and Brother in like Kind; Uncle and Nephew in like Kind; Landlord and Tenant, fuch Judge or Juftice fhall have no Power to vote or give Sentence therein. 12. And be it further enacted, That any one Affiftant or Juftice of the Peace, fhall have full power, and they are hereby authoriAn affiftant or zed and empowered, to take and accept a Confeffion and Acjuftice may knowledgement of any Debt, from a Debtor to his Creditor; eitake confeffion ther upon, or without an antecedent Procefs, as the Parties fhall agree; which Confeffion fhall be made only by the Person of the Debtor himself: And on fuch Confeffion fo made, the Affiftant or Justice shall make a Record thereof, and thereon grant out Execution in due Form of Law. And if fuch Execution fhall be levied on the Lands of any fuch Perfon confeffing, as aforefaid, according to the Laws directing the levying of Executions on Lands, the same shall be recorded in the Records of the Town wherein the Land is fituate, and being so done and recorded, fhall be good Evidence of a Title to fuch Creditor or Creditors for whom it fhall be taken as aforefaid, their Heirs and Affigns. Provided, No Confeffion fhall be made or taken in the Manner aforelaid, for more than the Value of Seventy Dollars, Debt, and the Cost of taking fuch Confeffion, or the Coft which may have arifen on an antecedent Suit for fuch Debt, the fame being agreed to by Debtor and Creditor. Provifo. 495 498 581 593 [The last Paragraph of the foregoing, A&t was made and passed in the General Affembly, held on the fecond Thurfday in May, Anno Domini One thousand seven hundred and forty-two, with this difference, that in the Place of the Words, Recorded in the Records of the Town wherein the Land is fituate, was inferted these Words, returned to, and recorded in the Office of the Clerk of the County Court, in the fame County where fuch Land lieth.] An Act for the providing and regulating of Jurors in B [ENACTED IN OCTOBER 1795.] E it enacted by the Governor and Council, and Houfe of &c. to meet in the Civil Authority, Select-men, Conftables, and Grand-jury Civil authori men, in the feveral Towns hereafter in this A&t named, shall fome ty, fele&-men Time in the Month of January, annually, meet together; and the month of when fo met shall choose, to ferve as Jury-men in the fever 1 Su- Jan. annually, periorand County Courts, in that County to which fuch Towns to choofe jury refpectively belong, fuch a Number of their able, judicious Free- men. holders as is hereafter in this Act prefcribed; each of which Freeholders fhall have a Freehold Eftate, rated in the general Lift at Nin Dollars, or more. Townsto pro 2. And that in each of faid Towns hereafter named, there fhall be a Box provided at the Coft of the Town, with a Lock to it, vide a box in and lodged in the Town-Clerk's Hands; and when the Jury- whichthejury men are chofen as aforefaid, the Town Clerk 'fhall write each men's names Man's Name fo nominated on a Piece of Paper by itself, and put are to be put. the feveral Names fo written, in the faid Box, and keep the fame locked in his Hands, that the said Names may be drawn as hereafter provided. 3. Beit enacted, That fome convenient Time before the fitting of the aforefaid Courts, the Clerk of the Superior and respective Clerks of fupe County Courts in this State, fhall iffue out Warrants, directed to rior & county either of the Constables of the feveral Towns hereafter named, court to iffue or to fome of them in the County in which the Court is to be warrantsto the held, to fummon and warn fo many able, judicious, and lawful conftables of Freeholders of their Town, as the Warrant dir ets, to attend and towns to fume ferve as Jurors at fuch Court; and the Jurors of the Superior mon & warn the feveral Court fhall be fummoned to attend at two of the Clock on the freeholders to firft Day of the Seffions of faid Court; and the Jurors of the ferve as jurore County Courts fhall be fummoned to attend at eight of the Clock on the third Day of the Seffions of faid Court. And when any Conftable fhall receive any fuch Warrant, to fummon any certain Number of Jurymen to attend, and ferve as fuch at any of the faid Courts, he fhall repair to the Town Clerk, and in his Pres fence (or in his Abfence, in the Presence of one of the Select-men of luch Town, or a Justice of the Peace) draw out of the Box a forefaid, the Number his Warrant directs him to fummon, with out feeing the Names he draws, before he draws them; and hav ing fo done, fhall then proceed to fummon those Men for Jury men whofe Names he has fo drawn. 4. But if any or all the Men whofe Names are thus drawn, be Jurymen una at the Time either from Home or Sick, or otherwife unavoidably voidably hind hindered from attending fuch Court, his or their Name or Names ered fremferv. shall be returned into faid Box, and others in his or their room, chofen in their ing,otherstobe drawn and fummoned in Manner aforefaid. And the Conftable room. fhall make timely return of his Warrant unto the Clerk that granted the fame, with an Endorfement thereon certifying whom he has fummoned for the Purpose aforefaid; on pain that every Con- Conftables fall ftable failing of his Duty therein, fhall forfeit and pay unto the ing to do their County Treasurer, for the Ufe of the County, a Fine not exceed- fins of s dois. duty to pay a ing Five Dollars, at the Difcretion of the Judges of the Court, unlels fuch Conftable fhall feafonably make his Excule to the Acceptance of laid Court. K k 5. Be it further enacted, That if any Jury-man, chofen, drawny Jurymen who and fummoned as aforefaid, fhall make Default of Appearance acThall make decording to the Directions of fuch Warrant, he thall forfeit and pay to the Treasurer of the County wherein he dwells, the Sum of Two Dollars, unless the Court on hearing the Excufes made on his Behalf, fhall judge them fufficient. fault of appearance to pay a fine of dollars. 495. 408. 2 Number of ju rymen to be chofen by each town. 6. And the feveral Towns hereafter named fhall choose the Number of Jurymen to each Town annexed. For Fairfield County. Fairfield Thirteen. Stratford Twelve. Norwalk Twenty. Stamford Twelve. Danbury Twelve. Ridgefield Ten. Greenwich Ten. New-Fairfield Eight. For Windham County. Voluntown Seven. Cheshire Eight. Brooklyn Eight. Woodbridge Eight. Eaft-Haven Five. Hamden Seven. For New-London County. New-London Twelve. Stonington Fifteen. Groton Fifteen. Lyme Fifteen. Colchester Eight. Montville Eight. Hampton Eight. For Litchfield County. Sharon Ten. Canaan Ten. Cornwall Ten. Harwinton Eight. 7. And if any of faid Towns fhall neglect or refufe to provide Towns who fuch Box, or the Officers aforefaid fhall neglect to choose fuch neglect to proJurymen as herein provided, fuch Town fhall forfeit and pay to vide a box, orif the Treasurer of the County to which it belongs, the Sum of officersneglec to choose juryEight Dollars, to be recovered on information made by the State men, to pay a Attorney of that County to the County Court; in which Trial fine of 8 dols. no Appeal fhall be allowed. 8. And be it further enacted, That if it fhalf fo happen, that a If a fufficient fufficient Number of Jurors fummoned as aforefaid, do not ap- number of ju pear, or if by reafon of Challenges, or for other Caufe, there fhall rymen do not not be a fufficient Number of lawful Men to make up the Pannel appear, or are challenged off, or Pannels, ordered by the Court to attend the fame, the Court the court to of fhall order the Jury or Juries, to be made or filled up of any good der the juries and lawful Freeholders in the County, whofe Names fhall be re- to be filled up. turned by the Sheriff; and where the Sheriff is concerned, or related to either of the Parties in the Cafe, by the Conftable, or Penalty for not fuch Officer as the Court fhall appoint; which Jurors being fo ferving. returned, fhall attend the fervice on the Penalty above ordered to be inflicted on those who make default of appearance.. Fees to confta moningjurors. 9. Be it further enacted, That every Conftable that shall fummon fuch Jurors as aforefaid, fhall be allowed therefor (fave only bles for fumfor return of fuch Summons) the fame Fees for Travel and Serv ing, as are by Law allowed in Proceffes in Civil Caufes; to be paid out of the County Treafury of the refpective Counties where fuch Perfons are to attend the County Courts; and out of the how paid. State Treafury when fuch Jurors are fummoned to attend the Su-. perior Court. |
