‘ son of ordinary understanding, they"
\/‘ -'1t\
Publislied Every Vvcdnesilay Morning, by BYINGTON ¢:HOY'l“‘,~ at Two D‘o'Il:iis l"e'r".in'r'i‘Illin in Advance’.-_
NUMBER 407-NEW’ ‘SERIESJ 4“
PUBLIG ACTSS
Passed May Session, _l8-18.
OFFICE or SECRETARY or STATE, ss. g
Hartford, July 3, 1848.
' Publishers of newspapers who insert in their
respective Journals the Public Acts of the late
session of the General Assembly, are respectful-
‘ly requested to publish said Acts in the numeri-
'_cal order here following, and to comply strictly
‘with the pl'OVlSl0[S of“An Act in addition to and
in alteration of an Act entitled ‘An Act relating
to the office and duty of the Secretary of State ;’ ”
pgssed May session, 1843, and approved June 7,
1 43.
JOHN B. ROBERTSON, Sec. of State.
Chapter 1.
-An act in addition to and alterationiof an Act
entitled “An Act for the regulation of Civil
Actions.”
SEC. 1 Be it enacted by the Senate and
Hoitse of Representatives in General Assembly
convened, That in all actions at law, the defen-
tlant may deny the truth of the plaintiff’s decla-
ration, in the following words, or in words equi-
valent thereto; viz: “.The defendant denies the
truth of the matters contained in the plaintiffs’
tleclaration, and puts himself on the Court (or
.lui-y as the case may be,) for trial ;” under which
eneral issue, the plaintiffshall be bound to prove
the material facts alledged in his declaration,
except as limited in the next section.
, SEC. 2. In all actions upon any written instru-
ment or recognizance, claimed to have been ex-
bcuted or entered into by the defendant, and
which is described or recited in the declaration,
the plaintiff shall not be required to prove the
execution or delivery of such instrument of re-
cognizance, unlessthe defendant at the time of
pleading shall file notice in writing that ‘lie de-
‘mes such execution or delivery. ‘
SEC. 3. Under such general issue, the defend-
fant may give his title in evidence, or any special
-‘matter of defence and justification, according to
the nature of the action; Provided. That the
defendant shall not so give in avoidance, or any
vdefcnce consistent with the truth of the material
:allegations in the declaration, unless at the time
«of pleading he shall file notice thereof in writing,
stating in general terms, without unnecessary
prolixity, and in a manner intellig-L to a per-
e ground
and substance of the defence relied’upon.
SEC. 4. The thirtieth section of the Act to
which this is in addition, is hereby repealed.
_ LA FAYETTE S. FosTER,
Speaker of the House of Representatives.
CHAS J. MCCURDY, President of the Senate.
Approved June 13, 1848. CLARK BISSELL:
[Chapter 2.]
An Act relating to Civil Actions.
_ SEC. 1. Be it enacted, «S;c., That in any action
of ejectment, instituted by a mortgagee of real
estate, or by any person holding title under him,
to obtain possession of such estate by virtue of
title derived by mortgage, against the mortgagor
or any person holding title to said estate under
him, the defendant may tender the amount 0
the debt, with the interest to the time of the
tender, and the costs of suit, and such tender
shall be a bar to the further prosecution of such
action.
SEC. 2. The Act entitled “An Act concerning
suits on mortgages,” approved June 6, 1840, is
hereby repealed.
LA FAYETTE S. FosTER,
Speaker of the House of Representatives.
Ci-IARLEs J. MCCURDY, President of the Senate.
Approved June 13, 1848. CLARK BissELL.
[Chapter 3.]
An Act relating to Civil Actions."
SEC. 1. Be it enacted, Src. That in all actions
brought on any contract, or for the recovery of
damages merely, the defendant may file with the
clerk of the Court to which the action is return-
able, or if returnable to a Justice of the Peace, a
written notice, signed by himselfor by his attor-
ney, directed to the plaintiff or his attorney, of-
fering to allow the plaintiff to take judgment for
a certain sum to be named in said notice.
SEC. 2. In actions before the Superior or
County Courts, the plaintiff upon notice given
him by the defendant of the filing of such notice,
may within ten days thereafter, file with the
-clerk of the court a written notice signed by him-
self or by his attorney, that he accepts said offer,
and in actions before Justices of the Peace, the
laintiff may file such notice of acceptance with-
in forty-eight hours after such notice of such
offer, and such notice of acceptance being filed,
the Court before whom the action is pending
shall renderjudgment against the defendant, as
upon default, for the sum so named as aforesaid,
‘-and for the costs which shall have accrued, at
‘the time of the defendant’s giving the plaintiff
notice of said offer, including the Court, clerk
and attorney fee, as upon default, and the actual
travel and attendance of the plaintiff at court.
SEC. 3. The trial of an action shall in no case
be postponed, because the period within which
‘the laintiff may accept such offer shall not. have
expired, except at the discretion of the court.
SEC. 4. If the laintiff shall not, within said
time and before tie commencement of the trial,
rfile his notice of acceptance, the offer of the de-
ffendant shall be deemed to be withdrawn and
shall not be given in evidence on the trial, and
the plaintiff, unless he shall recover a greater
sum than that named in the offer of the defend-
ant, shall recover no cost accruing after notice
of such offer being filed as aforesaid, shall have
been given him, but shall pay to the defendant
his taxable cost accruing after notice of said offer.
LA FAYETTE S. FosTER,
President of the House of Representatives.
CHARLES J. MCCURDY, President of the Senate.
"Approved June 15, 1848. CLARK B1ssELL.
[Chapter IV.
An Act relating to Civil Actions.
SEC. 1. Be it enacted, &c, That no action of
disseisin shall abate by reason of the death of
the plaintiff, but the executor or administrator
may enter and prosecute the action, in the same
manner as is by law provided in regard to other
actions, and recoverjudgment, if the action be
sustained, for the benefit of those entitled to the
estate.
SEC. 2. ‘When the defendant in any action of
disseisin. pending in any court, shall die, and
such action shall be thereby abated, and the
plaintiff shall bring a new action for the recove-
ry of the same matter or premises, to which new
action the statute of limitations shall be pleaded
or offered in evidence, the time which may have
elapsed fi-om the commencement of the first ac-
tgon to the abatement of the same, as aforesaid,
shall be excluded in the computation of time
limited by law for the commencement of such
new action.
‘ . LAFAYETTE S. FosTER
SP93kel‘ 0f H18 House of Representatives.
CHARLES J. MCCURDY, President of tne Senate.
Approved June 15, 1848. CLARK Bissi-:LL.
[CHAPTER v.]
An Act relative to Civil Actions.
SEC 1. Be it enacted, S;-c., That no action , to
recover damages for injury to the person, reputa-
tion or property of the plaintiff, or to the person
of his wife, child or servant, shall abate by rea-
son of his death, but his executor or administra-
tor may enter and prosecute the same, in the
same manner as is now by law provided in regard
to other actions.
SEC. 2. Actions or injury to the person, wheth-
er t_he_ Same do or do not result in death, actions
for injury to the reputation , or for injury to pro-
. :33?“
lperty, real or personal, and actions to recover
damages for injury to the person of the wife,
child or servant, of any deceased person, shall
survive to his executor or administsator, provided
the cause of action shall not have arisen more
than one year before the death of the deceased.
SEC. 3. Nothing herein contained shall affect
any action now pending, or to be applicable to
any cause of action now existing.
A LA FAYETTE S. FosTER,
Speaker of the House of Representatives.
CHARLEs J MCCURDY, Pi'esir._lent. oftlie Senate.
Approved, June 15, 1348. CLARK BISSELL.
[cHAi=TER vi ]
An Act relating to Civil Actions.
SEC. 1. Be it enacted, 8,-c., That whenever
any goods, chattels, shares in any corporation,
or real estate, shall be attached, or whenever any
debt or effects shall be taken by process of For-
eign Attachmcnt, the defendant, if the debt or
damagcs demanded do not exceed three hundred
dollars, may make application in writing to any
authority having power to sign writs in the coiin-
ty where such attachment is made, or if such
debt or damages exceed three liundred dollars,
to a judge of the Superior Court, or of the Coun-
ty Court in the county where such attachmentiis
made, to dissolve the lien created by such.Iat-
tachment, upon the substitution of bond willi
surety, as hereinafter provided.
SEC. 2. The application may be in the follow-
ing form: ‘ - ' '
To . a .fustz'ce of me Peace for-.tI:.e Coun-
y a (or Judge, as the case may be ,-)
L'l‘he application of C D , of c,~in the coun-
ty of , shows that he is defendant in a cer-
tain action demanding . dollars, debt, (of
damages,) wherein A B , of ,'is plaintiff;
in which action the following estate has been
attached, to wit: ,‘by E F of’ , (iii-
sert the name of the oflicer,) and that he is desir-
ous that said attachment should be dissolved up-
on the substitution of the bond with surety, ac-
cording to the statute.
Dated at , the day of
SEC. 3. No attachment shall be dissolved un-
til reasonable notice. in writing, of the applica-
tion, signed by the defendant or his attorney,
shall have been served upon thc- plaintiff or his
attorney, and on the officer serving the attach-
ment; and such notice may be in the following
1
form ; .
To , of ‘ , and
A B of
vs. fiction of returnable to
C D Com-b term fl.D
Take notice that the defendant will apply to
, Justice of the Peace of the County of
(or'Judge, &.c.) at on the day of
. . at o’clock in the
noon, to dissolve the attachment in this case, up-
on the substitution of bond with surety, accord-
ing to the statute.
Dated at , the , A. D.
C. D
SEC. 4. All persons interested may be heard in
relation to the amount and sufficiency of the
bond offered by the defendant. Such bond shall
he to the value of the property attached, unless
the action be founded in tort for the recovery of
uiiliquidated damages, and it shall appear to the
authority to whom application is made, that the
sum required to be attached is excessive, in
which case he may deem reasonable.
SEC. 5. The bond shall be taken to the plain-
tiff, and may be in the following form :
VVhereas the estate of C D, of
been attached by A B of , by writ dated
returnable to , as by the offlcer’s
return in said writ, which estate is estimated to
be of the value of dOll8.l'S——.YOL1 _ _
, o , acknowle‘dge yourselves jointly
and severally bound unto the said A B, in the
said sum of dollars, conditioned that if
the said C D shall pay the judgment that may be
recovered against him in such suit, not exceed-
ing the amount of this recognizance, shall be
void.
SEC. 6 The authority dissolving the attach-
ment shall certify his doings upon the applica-
tion, and shall, as soon as possible, return to the
court to which the writ is returnable, the appli-
cation, recognizance, and other 'proce_edings ;
and the same shall be kept on trial in said court.
SEC. '7. The defendant, if the attachment dis-
solved be of real estate, may leave on file with
the town clerk of the town where such real cs-
tate lies, a certificate of such dissolution .s_i_.gn-
ed by the authority dissolving the same; if the
attachment be of shares in any corporation he
may leave alike certificate with the officer of
the corporation with whom‘ a copy of the at-
tachment was left in service; if‘ the attach-
ment be of debts or effects in the hands of
a garnishce ; and no such corporation shall be
held liable to the defendent for the refusal to
transfer the shares attached, or to pay the divi-
dend due thereon; and no_such garnishee shall
be held liable to the defeffdant for refusal to pay
the debts or return the effects attached in his
hands, until such certificate shall have been so
left.
SEC. 8. The authority taking the bond shall
be entitled to receive for such service fifty cts,
if the demand in the writ is three hundred dol-
lars or less,'and one dollar, if such demand ex-
ceeds three hundred dollars.
LA FAYETTE S. FosTER,
Speaker of the House of Representatives.
CHAs J. MCCURDY, President of the Senate.
Approved, June 20, 18-18. CLARK BissELL.
day of ‘
, has
[Cpapter vii.) .
An Act relating to Civil Actions. _ _
SEC 1. Be it enacted, &c., That _the_ plaintiff
in any civil action, or in any suit in equity,
returnable to the superior court, or to the coun-
ty court, and returned to said court, or to the
otlice of the/clerk thereof, may withdraw the
same in vacation, by filing in the office of_sucli
clerk a written notice of the withdraw.al,.s1gned
by himself or by his attorney, and specifyingtlie
action withdrawn and the time of the witli-
drawal
SEC. 2 The clerk of the court shall enter the
action so withdrawn, upon the docket of the
court, at its next term, in the same manner as
though it had not been withdrawn, with a note
of the withdrawal, and of the time when it was
withdrawn.
SEC 3. If the defendant shall, within the
three first days of said term, enter his claim for
costs upon said docket, the plaintiff shall be 11-
able to pay the legal costs which shall have ac-
crued at the time of such. entry, in,the same
manner as though the action had been Wilh-
drawn in open couit; Provided, that no costs
shall be allowed for evidence. officer’s _fees, or
witness’ fees accruing after the plaintiff shall
have given the defendant or his attorney actual
notice of the withdrawal, in writing, unless good
reason therefor shall be shown, to the satisfac-
tion of the court.
LA FAYETTE S. FosTER,
Speaker of the House of Representatives.
CHAS. J. MCCURDY, President of the Senate.
Approved, June 20, 1848. CLARK BISSELL.
[Chapter vni.]
An Act relating to the withdrawal of Actions.
Be it enacted, 8;c., That in all actions against
two or more defendants, if the plaintiff shall
fail to sustain a good cause of action against any
"defendant or defendants, he shall not, for that
reason, be prevented from recovering judgment
agaflist the other defendant or defendants ; and
the defendant or defendants against whom no @-
covery is obtained, shall be entitled to judgment
evidence against any defendant shall not be dis-
/@\A
NCRWALK, 1 CT. WEDNESDAY, JULY 26.-1848.1
for costs; Provided, that in all such actions,_if
the plaintiff shall fail to introduce any material
qll"l.llfiC’l upon being called as a witness by the
other defendant or defendants, by reason ofbeing
a party to the action, interested in tl_:e costs.
LA FAYETTE S. FOSTER.
Speaker of the House of Repi'csenl=1t1V'es.
Cl-IAS"J. MCCuRn.Y, President of the Senate.
Approved, June 22, 1848. CLARK BissELL.
[Chapter ix.]
An Act in addition to an Act entitled “An act
for the regulation of Civil Actions.”
SEC. 1. Be it enacted, &c.. That parties to a
question in difference, which might be the sub-
ject of an action at law or in equity between
such parties, may, without action, agree upon a
case containing the facts upon which the cC-nt1'o-
iversy depends, and present a submission of the
lsame to the Superior Court in the county in
‘which either of the parties resides, or in which
:a suit might have been bi-miglit to determine
lsuch controver:-‘y. But it must appear by affida-
ivit of the parties, or their respective attornies,
that the controversy is real, and the p1'ocecdiiig
.ing in good faith to determine the rights of the
lparties The court shall thereupon hear and de-
termine the case, and render judgment thereon,
as if an action were depending.
SEC 2. Judgment shall be entered as in other
lcascs but without including costs. The parties
shall, before any such case shall be entered on
the doc_ket, pay the court and clerk’s fees, as on
a trial.
SEC. 3. Judgment in such cases maybe en-
forced iii the same manner as ifil had been ren-
dered in an action.
SEC. 4-. If either party to such submission shall
desire a review of any question of law arising
thereon, and decided by such Superior Court, he
shall liave remedy by motion in error to the Sn-
preme Court of F.i'i'ors, in the same manner as is
now provided by law, in case of final judgment
in the Superior Court, and not otherwise.
SEC. All costs incurred in any such lrialbe-
fore the superior Court, or upon any such motion
in error, shall be borne equally by the parties
claimant and defendant
LA FAYETTE S FosTER,
Speaker ofthe House of Representatives.
Ci-iAs. J. LVICCURDY, President of the Senate.
Approved June 2-1, 18-18. CLARK BISSELL.
[Chapter x.]
An Act relating to Civil Actions.
SEC. 1. Be it enacted, &c., '[‘liat in all suits
instituted in the name of a Judge of Probate, as
such, the writ at the time of being issued, shall
be endorsed by some responsible inhabitant of
this state, and such endorser shall be liable for
the costs of suit, in case ofjiiclgmeiit for the de-
fendant, and judgment shall be rendered, and
execution issued for such costs, against him, and -
not against the Judge of Probate.
SEC. 2. Such endorsement may be in the fol-
lowing form: “I agree to be responsible for the.
costs in this suit,” and shall be subscribed by the
endorser. .
SEC. 3. If the endorser shall die or remove
out of this state, a new endorser on such writ
shall be substituted, and the court before whom
the suit is pending, may, at any time, order the
substitution of a new endorser, to be approved
by the court, and such new endorser shall en
dorse the writ in the same manner, and be liable
for the Costs from the commencement oftlie suit
in the same manner as the original endorser.
SEC. 4. If the ‘writ shall not be so endorsed at
the time of being issued, it shall be void, and if,
upon the order of the court, such new endorser
shall not be substituted, the plaintiff shall, on
motion, be nonsuited.
LA FAYETTE S. FosTER,
Speaker of the House of Representatives.
CHAS. J. MCCURDY, President of the Senate,
Approved June 26, 1848. CLARK BissELL.
[Chapter xi.
An Act repealing “An Act in addition to an Act
for the regulation of Civil Actions.
Be it enacted, &c., That the first and second
sections of“An act in addition to an Act for the
regulation ofCivil Actions,” approved June 21th,
l8=l'7—being Chapter IV ofthc published acts of
18-l7—be, and the same is hereby repealed.
LA FAYETTE S. FosTEn,
Speaker oftlie House of Representatives.
CHARLES J. MCCLRDY, Presidciit of the Senate.
Approved June 27. 18-l8. CLARK BissELL.
[Chapter xii.]
An Act relating to Civil Actions.
W72.ei‘eas, the regular times of holding the terms
of the Superior and County Courts, in some of
the counties of this state, were altered by the
General Assembly at its last session, and
‘whereas, sundry writs have by mistake been
made returnable to said Courts at the times
established by law before said times were so
altered; now tlierefore
Be it enacted, 8;c., That no writ, so made re-
turnable by mistake. shall abate or be void by
reason thereof’, bubthe same may be amended
so as to make it returnable at the time now es-
tablished by law, and may be prosecuted in the
same manner as if‘ it had originally been made
so returnable.
LAI-‘AYETTE S, FosTER,
Speaker of the House of Representatives.
THOS. B. BUTLER,
President of the Senate,pro tem.
Approved June 28, 1848. CLARK BissELL.
[Chapter xiii.]
An Act for the alteration of an Act entitled “An
Act for the regulation of Civil Actions.”
SEC. 1. Be it" enacted, &c., That when any
‘real estate is attached, the officer serving the
.\Vl'lt, in virtue of which such attachment is
5 made, shall leave a true and attested copy tliere-
lot‘ and a description of the estate taken at the
.town Clerk’s office in the town where the land
lies, within tweiity-four hours next after attach-
ting the estate, and before the time limited by
:law for the service of such writ expires; and
‘unless the service shall be so completed, such
l estate shall not be liolden against any other cre-
: ditor or bonafide purchaser.
§ SEC. 2.' So much of the act of wliich.this is
‘ an alteration as is inconsistent herewith is here-
by repealed.
LA FAYETTE. S. FosTER,
Speaker of the House of Representatives.
THOS. B. BUTLER,
President of the Senatopro tem.
Approved June 28, 18-18. CLARK BissELL.
[Chapter xIv.]
An Act in regard to set olfin Civil Actions.
I Be it enacted, &c., That iniall actions where
‘set off is now by law allowed, the same shall
iliereafter be allowed, although the plaintiff do
not reside out of the state, or be not bankrupt or
insolvent, Provided, however, that nothing here-
in contained, shall affect any action now pend-
Ill".
5 LA FAYETTE S. FosjrER,
Speaker of the House of Representatives
CHARLES J.MC CURDY, President of the Senate.
Approved June 9, 1848. CLARK BissELL.
[Chapter xv.] _
An Act in respect to Aliens.
Be it enacted, &c., That no_pcrson shall be
disqualified by reason _of his being an alien_ from
purchasing, holding, inheriting or transiiiitting
real estate in thisstate, in as full and ample a
manner as native born citizens: Provided, such
alien so purchasing, holding, inheriting or trans-
mitting, be a resident of this state or some one
of the United States.
- . LA FAYETTE FcsTER,
Speaker of the House of Representatives.
CHARLES J.MC CURnY,Pi'esideiit of the Senate.
Appi'oved.June 24, 1848, CLARK BissELL.
‘/\
- [Chapter xvi ]
An Act to confirm the doings oi the Assessor's
and Board of Relief in certain cases.
Be it enacted, &c , That in all cases in which
the assessors of any town in this state have omit-
ted to put a notice on the sign-post in their re-
spective towns, or to publish a notice in some
newspaper printed in the town to which they be-
long, requiring of all persons liable to pay taxes
in their respective towns, five days before .tlie
twentieth day of October annually, written or
printed lists of all taxable property belonging to
such persons on the first day of said October, and
in all cases in which the said Assessors have
omitted to sign or return an abstract of the As-
sessinent List of their respective towns, or to
lodge the same in the town clci'k’s oflice of said
town by the fiist day of December of each year;
and in all cases where said abstract has been
made out after the board of relief has equalized
and adjusted the returns and assessment of the
respective towns: and in all cases in which the
said assessors have omittdd to fill out lists at three
fold the rate per cent on amount of the same as
authorised by law ;' and in all cases in which the
board of relief in any town in this state have
omitted to give notice of the time and place of
their meet lugs accoi-ding to the provisions of law;
and in all cases in which the town clerk of any
town has not transmitted an abstract of the lists
ofsaiu town to the comptroller of public accounts
by the first day of March in each year; and in all
cases in which said asscsso.-S or mcinbers of said
board of relief have omitted to take the oath pro-
vided by law; Mil assessment list shall not for
any such causes be adjudged void. but all taxes
which hrive been or shall be liei'eal'tei' laid and
imposed according to such assessment list, may
notwitlistaiidiiig be levied and collected: Pra-
vided, that no claim which is the subject of any
Suit 01‘ action now pending, shall be in any man
ner aflected by the provisions of this act.
LA FAYETTE S. FosTER,
Speaker of the House of Representatives.
THOS. B. BUTLER,
President of the Senate pro tem.
Approved June 28, 1848. CLARK BissELL.
CHAPTER xvii.
A n Act relat.ing to Banks.
Be it enacted by the Senate and Ifouse of Rep-
resentatives in GeneralAssenzbf_z/ convened, That
each bank in this State shall be, mid hereby is,
required to keep within such l)illll{,tlf.tlll tiiiies,an
am0ui_it of gold and silvorcoiii or bullion. at least
equal to one—t.eutli of the amount of bills of such
bank which may be in circulzition for the time
being; and any bank which shall fail to keep
such proportioii of specie or bullion shall forfeit.
and pay to the Ti'c:isiii'oi' of this State the sum
of one l'iuiidi'ed dollars for each week that the
provisions of this act shall not be complied with ;
to be recovered by ii ny proper action, before :1 iiy
proper court. in the county where such bank is
situated. LA FA YETTF. S. FOS’l.‘ER.,
Speaker of the House of Repi-escnmtiives.
CHARLES J. MCCURDY,
1’i'esiilenr. of the Senate.
Approved, June 26th, 1848.
CLARK BISSELL.
CIlA1"l‘l-IR xviii.
An Act tc repeal an Act therein iimned.
Be it enacted by the Senate and Ifousc 0/
Reyirescntalhcs in General Assembly convened,
That the Act. entitled “ An Act for destroying
Biirberry Bushes,” be, and the sonic is lierizby
rcpezilcd. LA FAYETTE S. F(7)STl£R..
Speaker of the House of Represeutiitives.
CHARLES J. MCCURDY,
Pi'Csideiit of the Senate.
Approved, June 12th, 18-18.
CLARK BISSELL.
Cl'lAP’l‘P2R xix.
An Act. coiiceriiiiig Public Cai'i-isigos.
SEC. 1. Be it cnarlccl by (he Senate and
Ifousc (J RC1)l’8867Llaff€CS in Gnzcral i~l.-:.s'eii2..’_»[_,/
conrmccl, Tliul. the Court in Common Council
of the respective. cities of this State uiuy, from i
time to time, make such orders, rules and ordi-
nances as tliey niziy deem iieccssmy for the
rcgiilntiou of public hacks or other public car-
riugcs for the conveyance of passe.iigei's in said
cities respectively; mry establish the rates of?
fare for tlic‘conveiiience of ii ny passengers to or
froiii any steamboat landiiig or i'uili'o:itl depot or
station, or other place or places within the limits
of such city; niziy assign and establisli suitable
and convenient Sl.2ll'l(lS for such hacks, and other
public cai'i'izige.s in the streets, at the stenmborit
landings and i'aili'o:'id stations in such cities re-
spectively; iiiny make all necessary rules and
orders for the safe, 0i'dei'l_v occupatioii of such
st-.1 nds ; may prescribe such penalties for each
nnd—evei'y violation of any such oriler, rule, ordi-
/\/\/\r\/\/\
l
\
council shall dete‘i'iiiine to lay out any u'e'w
liigliwiiy, street, public walk, public a.ve‘nue,
Public ground. OI‘ public landing place’, in‘ said
city, or to alter, extend or enlarge’ any street,
highway, public walk, public‘ avenue‘, public
ground, or public landing place in sziid i.-ity, they
shall give l'e‘rlS0llfll)le notice to the owner or.
owners of the land and buildings upon, over or
tlirougli which the same is to be laid out or
altered, to be present, if tliey sec cause, at the
laying out or altering the same. And such
notice shall be in writing, signed by the Mayor
01' one of the ulilermon of said city, or by tile
city clerk, and shall be given to the person en-
titled to receive it by reading the same in his
presence and liearing, or by leaving a true and
attested copy at his usual place of abode by
eitlicr of the shei'ifl's or by some iiidilfcrent
freeman of said city; and in case the owner of
any such ' land or buildings shall not reside in
this State, such notice sgliall be given to the oc-
cupant or person having the cure of such land
and buildin is. And said court of- common
council 11135,,‘ lll'iE‘.lIlSBl\'(3S or by a coiiimiitoe by
them -appointed, make such luy-out or ':iltc1'n-
' tion, and may order the dziiiiugcs thereby sus-
tained by any person or persons to be paid out
of the treasury of said city. And unless said
court of coimiioii couiicll, by themselves or by
their committee, can agree with the person or
persons injured by such lay-out or zilteriiiion,
respecting the daniages by him or them sustain-
ed, such damages shall be estimated by three
judicious, (lisinterested free liolilers of said city,
who shall be appointed and sworn by the re-
corder. or, in his abseiicc, by the senior alder-
men of said city, and fl certificate tliereofshull
be niade and recorded in the recortls of said
city. And it shall be the duty of said. freehold-
cars to make return oftlieir doings to ilie clerk
of said city, who shall record the same. And
fl survey of. such lay-out or ziltoration, with a
pai'ticul:ii' description lliereof, shall be innde by
the direction ofsaid court, of coniinon council,
which, being accepted by said court, shall be
signed by the Mayor or senior iililerinan, and
recorded in the records of said city. And said
court of common council shall limit the time in
which such street, highway, public walk, pub-
lic avenue, public ground or public landing
plaice, so laid out or altered, shall be opeiiorl,
and at the expiration of such time so liiiiilecl,
may a«lopt‘all such incasures, mid may make
and cause to be executed all such oi'ders,ns shall»
lie iieccssziry for uppi'opi'iuting the same to the
purpose for which the same was laid out or
altered: ProL‘i(lc:.l alwm/s, that no lii_s_;li\\':iy,
street, public walk, public ground. public
uveiiiio, or public lundiiig plaice, so laid out or
nltereil, shall be opened until the dziuizigcs as-
sessed sliall be paid to the person or persons
entitled to recover them, oifdeposited in the city
t:reasui'y, for his or their Lise.
SEC. 3. \Vlie.never any highway, street,
public walk, public avenue. public ground, or
pi.iblic landing place, in said city, shall be laid
out or ult.ei'ed. said Cour’. of common council
shall have power, and it shall be their duty, to
ascertain what person, persons or coi-poration.
owning or interested in lands or ‘buildings in
said city, will be specially benefitted by such
lny-out or alteration. and also the benefit to said
city. and to apportion among, and assess to be
paid bysuch person, persons or corporatioii, and
said city respectively, the whole or such part;
as they shall judge i'eas0nzil.ile of the dainages
caused by such l;iy—oiit or tlll0l'flfl0l]. And said
court of common council shall tliercupoii give
notice to such persoii, persons or corporutioii, of
the sums iissessed, to be by them i'espect.iv(-ly
puid, tllltl shall (ll'tl()l' the sziuie to be by them
respectively paid. to such person as said court
of common__couiicil shall tllllllOl'lZC to receive
the same, for the purpose of paying said dmn:i-
].’rorirlecl, /mu'r.'L'cr, that it no case shall
less than one-half of tho diunagcs caused by
such lay out or allei'atio:i, be assessecl as :1 ben-
efit to the city of New Haven. to be paid out of
the city lrezisury; and prorhlecl furl/ier, that
said court. of coinmon council shall take into
coiisiilerutioii the ability and cii'cunist_ances of
the person or persons agziiiist whom such as-
sessment is iiizide, nswell as the benefit to their
pi'opei'ty. And said court of common council
shall appoint a collector, to whom the Mayor
\\'tll'l'tll1t of distress, uut.lioi'i'/.ing him to collect
of such pci'soii, persons or COl'|)Ol‘tll'l0ll, the
sums by tlieni respectively ordered to be paid,
as uforesziid, and said collector shall have the
same power as collectors of town taxes by law
have.
SEC. 4. The Court of Common Council of
nance or regulatioii as they may deem proper,
not exceeding t.liii'ty-tour dollars for any one of— -
fence.
SEC. 2. All such orders, rules, rcguliitioiis and ‘
ordinances shall be certified by the clerk of said ,
Common Council,and publislieil in one or more '
newspapers published in said cities iespectively
at least once ii. week, for three weeks before the
same take effect.
SEC. 3. Ifniiy driver, owner or person linv- :=
iug cliurge of any public hack, or other ca.i'ri.'ige
for the conveyanceofpassengeis, shall refuse to ‘
conform to any such order, rule, iegulatioii Oi‘.
oriliiiance so made and published as aforesaid, or
shall in any respect violate any such order, rule, I
regulation or oidiiiaiice so made and published, l
such driver, owner, or other person having 3
charge of such back or cariiiige, or either of
them, shall, upon conviction thereofin the city
court, forfeit; and pay to tlieti'ezisui'oi' of the city
to which they shall respectively belong, such‘
lines as shall be by said Court of Coiiiiiioii '
Council prescribed thei'ef'or.
LA FAYETTE S. FOSTER,
Speaker of Ilie House. of Represeiitatives.
CHARLES J. MCCURD Y,
President of the Senate.
Approved, June 20th, 1848.
CLARK BISSELL.
CHAPTER xx.
An Act to amend the cliarter of the City of
New Haven.
SEC. 1. Be it enacted by the Senate and House
of Representatives in General Assembly conven-
ed, Tliiit the Court ofCommon Council of the
city of New Haven be, and they hereby are an-
thorized iind empowered, as they shall judge
iieedful, to lay out new higliways, streets
public walks, public avenues, pl1l)llC‘gl‘0Lll)dS,-
and public landing places in said _ city; and
to alter, extend or enlarge any highway.
street, or public walk, public avenue, public
ground, or public landing places, as aforesaid, in
said city, and to discontinue or exchange the
same for other highways,streets, walks,avenues,
grounds, and landing places, as aforesaid in said
city ; and to make and cause to be executed all
such orders relating thereto or they shall judge‘
iroper.
said city are also hereby autliorized and cin-
powered to lay out, build and construct, 01' ca use‘
to be laid out, built and coiistructed, drains, res-
ervoirs find common sewers, in any part of said
city of New Haven, and to repair and alter, or
cause the siime to be i'cpaii'cd and altered, as
they shall judge iicedful, and propel‘, and l:liey'
shall assess the dziiiiziges caused by such lay-
l out, building and consti'uct.ioii, or alteriition and
rep:iii's,.to any person or persons, and pay the
same, in in2_uinei' as provided in the second sec-
tion of this act, and the expenses of such lay-‘out,’
building and construction, or such alteration and
repairs, or such part thereof as said Court of
Coimnon Council shall deem just; and re.iisoiia-
ble, shall be assessed to and paid by sucli per-
son, persous or corporation, as are or iniiy be
in the opinion of said Court of Common Coun-
cil in any manner benetilted thereby; proceed-
ing in all respects in the same in‘anne'r as is pro
vided in the assessment of benefits in the third
section of this act: Provided, that in no case
shall the benefits resulting from‘ the construc-
tion of any reservoir of water to be used in cu-
ses offire, be assessed to any person or pc‘i'so‘ns
OI‘ corporation, other than said city. _
SEC. 5. All persons aggrieved by the esti-
mate, by fi-eoliolilers. of dain:igc‘s occasioned by
any lay-out. alteration, building. cons.ti'uction or
l'eptlll'S, made according to the provisions of this
act, and all persons aggrieved by the assess-
ments_by them respectively ordered to be paid,-
iiccordiiig to the provisions oftliis act, may within
six days after notice of such estimate or assess‘-"
ment, apply by petition to any judge of the Su-‘
perior Court for zi re-estimate of such damages,
or a re‘-assessment of the same by them ordered
to be paid, giving. reasonable notice in writing,-
to the clerk of said city. of the time‘ and place,-
when and w ‘ere’, and t.he judge to whom,» such
iipplicnti will be made‘. And said judge shall
appoint three judicious, disinterested free-
holders of the town of New Haven, to i'e-esti-
mate suit] damages or re-‘assess the sums ordered
to be paid as aforesaid. And said freeholders
sums ordered to be paid as afoi'e‘si‘iid, under
which he shall judge sufficient to set aside said
SEC. 2. Whenever‘ said‘ court or common
_report, to correct the same, to order another es-
or one nfrlie iildoniieii Of‘,‘}'Ilfl city shall issue a lfom by law to be holdeh on the fourth Tuesday.
shall re-estimate said‘ damages, or re‘-assess the I
oath, and make report of their doings to said i
judge, who shall have authority for any cause
L-’tiinat‘e’(‘)i"iiss"es"s"rr'i‘ent' to be'rna'de;- oi‘ to‘ make‘
ssucli ordei‘ the're_'ob‘ as to justice'sh‘a-ll‘a’ppéi'tain.‘
If upon any such’ a'pplieatioii' ,fo',r' a,i"e-e'sl"ir‘ng'i'te'
of d.fllDHg'8xS.,‘ said’ diiiiiirges’ s’hz_'il‘l be iiic'i'éEifs'ed‘by'
said"fi'eelioldeji's,~_t;lie costs: of shell‘ éipllliitltlfloni
shall be paid’ by t7li’e' city’, but if tliey shall not
be‘ increa's'ed i’-hey Sl‘ltll‘l' be piiid by such appli-'
cunt.
SEC". 6. This act shall be’ to all. intents tindl
purposes a public act, but" the sn me‘ shall’ not‘_
take effect till approved by 9. two-thirds vote’ of
the citizens of New Haven‘ present at a city’
meeting specially called for lliaf pm‘-posé'.-
LA FAYETTE S. -FO‘STE~R,-
Speaker of the House of R.epi'esentativés'.-
CHARLES‘ J. MCCURDY,
President of the Senate‘.-
Approved, June Q4ll],.]848:. V H 1 _
CLARK BISSEVBBGJ
CIIAPTER xxf. , _ M
An Act to amend the clinrter of the City of
Bridgeport.‘ '
SEC. 1. Be it enacted in I/ze Scnalc am’
I-Iousc of Representatives in General Assembly"
convened. That the Court of Common Couiici
of said cit y of Bridgeport shall have powei‘ and
authority to lay out and establish, alter, extend
or enlarge, public greens or squares, within the‘
iinits, mid to inalteand cause‘ to bet execute _-
all such orders relating thereto as they shall‘
judge proper.‘
SEC. 2. Provided, that in liiying oijif and‘ e§':
tablishiii_.r_r, altering, extending or enlarging any"
such public green 01' square, said commoneoun-'
cil shall proceed in the same‘ m'iinri'er,« have the’
same’ powe‘i's, and be‘ governed by the‘ same’
restrictions, as is provided in" ths cimrtei-' of said:
city. l'6'sp_e'cti_Iig the’ laying‘ oiii‘,— iiltei-in‘ ", e'xié'r‘itj_'-'
mg or eiilai-ging’ new highways. streets, public’
walks and public avenues in said city.-
sac; 3*. 'rhis-ace shallflbe’ deerfiedifo xiii’ i'n‘:
tents and purposes a public‘ act, but the sinus
shall not take effect till approved by a two thirds
vote of the citizens of Bridgeport present; at 51
city meeting specially Warned for iliiit purpose.-
LA FAYETTE S. FOSTER} _
Speaker of the House of Reiii'eséiitiifive's‘.-
THOS. B. BUTLER,
President of the Senate,-pro fem.‘
Approved, June 27th, 1848.; _ V
CLARK BI-SSEL-L";
ciiAP'ri~‘.R xxii. _ j _
An Act. in alteration of an Act._ entitled “An‘
Act ieluting to‘ Joint Stock Coi'poi'atiot'is.”
SEC. 1. Be it enacted by the Sc_na;te and’
I-Iousc of Rcprcsen.tatii:es in General jfssfeniblg/',
convened, That all certificates of transfers of
stock, made. pursuant to the pi'ovisio'fr'i"sj of the‘
sevcnteentli section of said Act, shall be" valid‘,-
without being verified by the oath or afiii'ma‘4-'
tion of the person subscribing the same.‘
SEC. 2. All such certificates hei"etofo1"e'm'ado"
and lodged in the ofiice of the Town Clerk, an '
which have not been verified by t.he oath oi"
aflirination of the person subscribing the same.-V,
shall be valid and operative in all respects as if
sworn to by such‘ person‘.; __ _
‘ SEC. 3. This act shall riot affect any shift
now pending". _ . _ ' I _ _
SEC. 4. So much of said Act as" is incoiisist--''
. out liercwith, is hereby repealed'.
LA FAYETTE S; FOCSTER‘.
Speaker of the House of Re’pi'esentat‘ii°e‘s,-
CHARLES J. McCURDY,~
President of the Senate’.
Approved, June 15th, 1848. _ _
CLARK BI~SSE»LL«.-
CHAPTER xxiif. H
An act concerning the Supreme Court ofEi'roiԤ
Si-zc. ]. Be it enacted by the Senate an
IIousc of Reprcsentatiims in General Assembly’
convened. Thatthe next session of the Supi'eme’
Court ofErroi's. in the countyof Fairficld, shalf
be liolden in said county on the fourth Tuesday"
ol'July, A. D. 1848, instead ot the time" new by’
law pi'esci'ibed for that purpose‘.-
SEC. 2. All process’ made‘, or’to‘be' riiade re‘-‘
tui-nable to tlieisession of said Court. as hereto-‘
of June. 1848, and all b‘u‘sin_ess'and‘ inattei's pen-'
ding before said Court. shall be'pi'oc'eeded with,-
lii--ard and deteriiiined at said session to’ be’ hol-'
den on said fourtli Tuesday of Ju'ly.-184_8.- ,
SEC. 3. This act sliall be’ In force‘ froiii the’
passage thei'e.of. A I _, 1
LA FAYETTE S. FOSTER,-
Speaker of the House of Representative's'.-
CHARLES J. MCCURDY,
_ President of the Senate‘.-
Approved June’ I3t.h, 1848. j A y _ ,
CLARK Bl-SS'E‘LL‘.'
_.—.~__
V _ _ CHAPTER xixi'v'.' _ _ __
An Act to change the time oflioldiiig the Conn:-‘
ty Court in the County of New London, fin“
iheyezii‘ 1848‘.-_ _ , , W _ ,
SEC. 1. Be it enacted by the Senate and‘
House Representatives in General A%'se7n‘bly’
e'am:en.ed, That the next session of. the’County'
Court in the’ County of New London, he‘ hol-'_
den in said c'o‘unty on the’ fourth Tuesday of
June, A. D. 1848, instead of the'tiine' now pre’-'
scribed by law for that purpose. , p _
SEC. 2. And be itfarther enacted‘. That; alf
writs and proc ess made i'e‘_l u_i'na'bleto’sa;id- Cou‘i'ti7
on the second Tuesday of June} A. f848,:
shall he proceeded with by said Court on said‘
fourth Tuesday of June, in the same manner as;
ifjthis Act. had not been passed, and as if said‘
Court had been held on said second Tuesday’
of June. A. D". 1848. _ j 4
SEC. 3. This act shall be"m force’ i-'rom~ the‘
time of the‘ passage thei-epf.- ,_ ,, __ _,
, L-A FA}1fE'TTE- S-. FOSTER.
Speaker o_f'th‘e House of Re'pi'esejnta-lzives’:
CHARLES J. MCCURDY,
, _ _ President of the Senate’.-
Appr’0'ved', June 12th. 1848. _ _
CL-A-RK BI-SSELL:
. CHAPTER.‘ xxv. _ _ ‘
An Act in addition to an act entitled “'A'n- Act?‘
for constituting and regulating‘ Courts and for’
appointing the times and places of holding the‘-
sume.” , .,
Be -it enacted by the Senate and House of Rep’-'_
resenlativcs in General Ass_’embly co-m.ie,ne¢_i,That£'
the towi'i='ofAi-nd'over in the‘ county of Tollaud,-
shall be‘a'nd3¢bn'stitiite’ a’ part of the Probate‘
Dist;'i'ict of_Hebi"on‘.- ' i , , _ _ _ ,_ ‘
, LA.‘ FAYETTE S. FOSTER,‘
Speaker of the‘ [louse of ,Repi'es‘eptativ'es‘.-.
CHARLES J. MCCURDY,
President of the Senate.-
12th, 1848.
' A*ppi‘oved, June .
CLARK BISSEL-E-.'
CLUME 2;:-Niniiiarii so ,
Norwalk Chronicler