Norwalk Chronicler

Norwalk Gazette, Wednesday, August 2, 1848 · page 1

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. WEBNESDAY, ‘Aitreusr 1848.

 

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ll B LI 6 A C T 8
Passed May Session, 1848.
ciiAr'ri:ii xxvii.

lAn act to repeal an actthercin designated.

Be it enacted by the Senate and House of
Rcjiresentalires in General Assembly convened,
That the act passed in 1832, authorizing a
Judge of Probate, when empowered, to act in
an adjoining district, to hold the court in any of
the towns in his o\vn district, be hereby repeal

ed. LA 1+‘AYE’1"l‘F. S. FOSTER,
Speaker of the House of Representatives.
THOS. B. BUTLER,
Pi-esidi-.nt. of the Senate, pro tent.
Approved, J une 27th, 1848.

CLARK BISSELL.
' cii‘Ar'i'i-zit xxvm.
An Act in addition to an Act entitled “ An act
concerning Crimes and Punisliments.”

Be it enacted by the Senate a-nd House of Rep-
resentatives in General Assembly convened, That
no acquittal or conviction for any criminal of-
fence, had upon any complaint issued by the
procurement or at the solicitation ofthe peril)
coimiiitting the olfence, shall be a bar to another
t:ompliu‘nt or information for the same offence.

LA FAYETTE S. FOSTER-',
Speaker of the—House of Re.preseiitiit.ives.

CHARLES J. MCCURDY,
- President of the Senate.

Approved June 12th. 1848.

CLARK BISSELL.

CHAPTER xxix.
An Act in Addition to an act entitled “ An act
concerning Crimes and Punisliments.”
Size. 1. Be it enacted by the Senate and
Ifouse of Representatives in General Assembly
convened, That every person who shall wilfully
and designedly, by color of any false token, pre-
tence or device whatever, obtain from any per-
son or corporation, any money, goods, chattles,
or other valuable thing. with intent to cheat or ;
defraud any such person or corporation, shall
be punished by fine, not exceeding llve hundred
dollars, or by imprisonment in in a common
gaol, not exceeding one year, or by such line and
imprisonment both, at the discretion of the court
having cognizance of the offence. '
Sec. 2. The one hundred and fourteenth
section of said act is hereby repealed. A
LA FAYETTE S. FOSTER,
Speaker ofthe House of Representatives.
CHARLES J. McCURDY,
President. of the Senate.
2th‘, 1848.
CLARK BISSELL.

——.

Approved, June 1

CHAPTER xxx. ~
An Act in addition to an Act entitled “ An Act
concerning Crimes and Punishments.”

SEC. 1. Be it enacted by the Senate, and
Ifouse of Representatives in General Asscltlbly
convened, That if any person or persons shall
have or keep in his, her or their custody or pos-
session, or in any house or building, or its de-
pendencies, or in any place in his, her, or their
occupation, one or more bi-lliard tables, every
such person so offending shall be punished by a
fine not: exceeding two hundred dollars.

SEC. ‘.2. The selectmen and grand jurors of
any town, or the major part of such selectmen
and grand jurors may, by an instrument in wri- .
ting under their hands, authorize one or more i
Poilliard tables to be kept at any place, when ,
satisfied that such table or tables will be kept ’
and used solely for purposesof health and re-
creation; in which case, such penalty shall not
be incurred ; and it shall be the duty of such
selectmen and grand jurors to revoke such au-
thority when they shall be satisfied that such
table or tables are used contrary to the inten-
tion ofthis act.

Sec. 3. One half of any penalty recovered
from such person or persons for a violation of
this act shall be paid over undei' the order of
the court having cognizance of the case, to the
person who shall complain and furnish evidence
of such violation of this act.

SEC. 4. All acts and parts of acts inconsistent
herewith are hereby repealed.

‘ LA FAYETTE S. FOSTER.
Speaker of the House of Representatives.
CHARLES J. McCURDY,
President of the Senate.

Approved, June 522d, 1848.

CLARK BISSELL.

cuarrna xxxn
An Act in addition to an Act entitled “ An Act
in addition to an Act concerning Crimes and
Punishments.”_
" Be it enacted by the Senate and Houseqf
Representatives in General Assembly convened,
That in every city or borough_in this state, duly
incorporated, the mayor and ii majority of the
alderman ofsuch city and the warden and ma-
jority of the burgesses of such borough Sllflll
have all the powers given by the act to which
this is an addition to the selectmen and grand-
jurors of towns, in relations to billiard tables
within their respective limits.
LAFAYETTE FOSTER,
Speaker of the House of Representatives.
THOMAS B. BUTLER,
President of the Senate, pro tem.
Approved, June 28th, 1848.
‘ CLARK BISSELL.

_—

C1{AP'1‘I-IR XXII.

V ,An Act in alteration of “ An Act concerning

Crifnes and Punisliments."

SEC. 1. Be it enacted in the Senate and
House of Representatives in General Assembly
«convened, That every person who shall keep in
his custody or possession, or in any house or
building or its dependencies, or in any place in
this occupation, any nine-pin alley, so called, or
place for playing bowls, skittles, or nine pins,
whether more or‘ less than nine pins are used
in such play, shall be punished by fine not ex-
ceeding fifty dollars, nor less than seven dollars.
Provided, That the selectmen, or a major part
of the selectmen of any town, may, by an in-
strument in writing,'under their hand, author-
ize such an alley to be kept at any place in their
respective towns not included within the limits
»of any cit.y duly incorporated, and the mayor,
alderman and common council of any such city,
«or a majority of them‘. may in‘ like manner au-
’tl'l0l‘lZe such an alley to be kept at any place
in said city respectively, when said selectmen
and said city authorities shall be satisfied the
.-same will be used solely for the purposes of
‘health and recreation, in which case said pen-
airy shafll not be incurred; and it shall be the
duty of said selectmen and said city authorities
to revoke the liberty by them given whenever
an y such alley -shall be used contrary to the in-

: oiiment in the Connecticut State Prison not ex-

covered and actually received froiu any person
for violation of this act, shall be paid over under
the or'der of the Court having cognizance ofthe
offence to the person who shall complain and
furnisli evidence to any informing ofiicer ofsucli
violation. ’

SEC. 2. The act entitled “ An act: in addition
to an act entitled an act concerning Crimes and
Punisliments," approved June 10th,. 1841, is
hereby repealed. 1 - ‘

SEC. 3. In any city or borough in this State,
duly incorporated the mayor and a majority of
the alderman of such city, or the warden and a
majority of the burgesses ofsucli borough, may
grant the license herein before provided for,
under the same conditions and for the same pur-
poses. LAFAYETTE S. ROSTER,

Speaker ofthe House of Representatives.
CHAS. J. McCURDY,
President of the Senate.

Approved, June 27th. 1848.

CLARK BISSELL.

CH.-\I"'I‘ER XXIII.
An Actin alteration ofan act entitled “An Act
concerning Crimes and Punishmeiits.”

Sec. 1. Be it enacted by the Senate and House
of Rejircsenlalives in General Assembly, eon-
vened, That every person who, having been
convicted of any crime, the punislimen whereof
is imprisonmeiit in the Connecticut State Prison
for a term less than for life, shall again be con-
victed of the same, or of any other crime of like
punishment, such person may, on such subse-
quent conviction be imprisoned in said prison
for a term not exceeding double the term for
which he would be liable to suffer imprisonment
wil.hout such former conviction. And every
person who shall have been twice convicted of
the crime oftheft, not punishable by imprison-
ment in the Connecticut State Prison, and shall
afterwards commit the crime of theft, may, at
the discretion of the court before which the,
conviction shall be had. be punished by. impris-

ceediiig three years.
Sec. 2. The one hundred and eighteenth
section of an act entitled “ An act concerning
crimes and punishment” is hereby repealed.
LA FAYETTE. S. FOSTER,
Speaker of the House of Representatives.
CHAS. J. McCURDY,
President of the Senate.
Approved, June 23d, 1848.
. CLARK BISS ELL.

CHAPTER XXXIV.
An Act to repeal a portion of an act entitled
“ An Act concerning crimes and punish-
vments.” '
Be it cnacled by the Senate and Ifouse o_f_
Reprcscnlalives in General Assembly convened,
That the one hundrcth section of said act be,
and the same is hereby repealed.
LA FAYETTE S. FOSTER.
Speaker ofthe House of Representatives.
CHAS. J. McCURDY,
President of the Senate.
Approved, June 20th, 1848.
CLARK BISSELL.

CHAPTER xxxv.
AnAct to repeal part of anAct tlierdin mentionel.
‘ Be it enacted by the Senate and .Housc ry'Re}7-
resenmlives in General Assembly convened,
That the third section of the act entitled “ An
act in alteration of an act entitled ‘ An act con-
cerning Crimes and Punisliments,’ ” approved
Julie 23, 1847, be hereby repealed.
LAFAYETTE S. FOSTER,
Speaker of the House of Representatives.
CHAS. J. McCU.’tDY.
Presideiit of the Senate.
Approved Juno 23d, 1848.
CLARK BISSELL.

CHAPT]-IR xxxvi.
An act in addition to an act authorizing the Sn-
pcrior Court to grant Divorces.

Be it enacted by the Senate and House of/'
Representatives in General Assembly convened,

'ci_iAr'ri«:n 111..
An Act in addition to an Act entitled “ An Act
for the settlement, of estates, tcstates, intes-
taro, and insolvent.."

Rc;_2rcsenlalives in General Assembly convened,
That the several Courts of Probate be, and they
hereby are authorized before the final settle-
iiieiit of any estate pending fiir sctttlement be-
fore them, to order the salerof such_'0f the
credits and choses in action, belonging to such
=estale as they find it for the interest of said es-
tate to have sold, and in such manner and after
such notice as they may deem reasonable.
LA FAYETTE S. FOSTER,
Speaker ofthe House of Representatives
CHARLES J. McCURDY,
_ President of the Senate.
Approved, June 12th, 1848.
CLARK BISSELL.

 

CHAPTER XLI.

vent.”

scribed by tlietestatoi-.and attested by three wit-
nesses Till of them subscribing in his presence,
mid no will or codicil shall be valid to pass any
estate real or personal, unless it shall be so ex-
.ecuted. . Provided, That. no will of personal
gestate, heretofore made, shall be affected by

the provision of this section. *
I SEC. '2. Every beneficial device, legacy or
1 interest, made or given, in any will or codicil as
a witness to the execution thereof, or to the
husband or wife ofsuch person, shall be \vliolly
§void,unle-ss such will or codicil in the same
manner as if such devise, legacy, or interest
had not been given. Provided, such devise.
legacy, ‘or interest be not made to an heir at law
of the testator.

Size. 2. The second and third sections of
the act of which this is an alteration, sre here-
by repealed.

LA FAYETTE S. FOSTER.

Speaker of the House of Representatives.

CHARLES J. i\’lc(,‘.llR._DY,
President of the Senate.

Approved, Julie 15th 1848.

CLARK BISSELL.

CHAPTER X1.ll..

An Act to repeal a portion of an Act entitled
“ An Act for the settlement ofEstatcs, Tes-
tate, Iiitestate and Insolvent.”

Be it enacted“ by the Senate and Ifouse of
Represenlaliv-es in General Assembly convened,
That the thirty eighth section of the act. above
named be. and the same is hereby repealed.

LA FAYETTE S. FOSTER,

Speaker of the I-louse of Representatives.

CHARLES J. MCCURDY.
President of the Senate.

Approved June 20th, 1848.

CLARK BISSELL.
cmir l‘l-ZR XLIII,

An act in addition to an act entitled “ an Act
for the settlement of Estates, Testate, Intes-
tate and insolvent.”
Be it enacted by the Senate and House of

Represenlalz'L=esin General Assembly Conve-ned,

lTliatwlienever any estate ofa deceased per-

son. shall, in the settlement thereof, be repre-
sented insolvent, and upon the report of the
commissioners thereon, the Court of Probate
shall tind from the amount of debts thus repor-
ted that said estate is not insolvent, said court
shall order the payment of said debts and the
charges of settling said estate, and in case such
payments do not exliaust. all the property be-
lougiiig to said estate, the creditors thereof who
are not inhabitants of this State, and who linvc
not presented tlieirdeniands to said coniniission-

. ers, shall have liberty to present the same at

any time within six months after the expiration
of the time limited by the Court of Probate. for
the exhibition of claims againstsaid estate; and
said commissioners shall proceed with said de-

That in all petitions for a divorce, brought by a
married woman, the Superior court, in which
the same shall be pending, may, for just and
reasonable cause, change the name of such pe-
titioner, who shall tlicreafter be known and cal-
led by such name as said court shall in its degree
appoint. LA FAYETTE S. FOSTER,

Speaker of the House of Representatives.

CHARLES J. McCURDY,
_ President of the Senate.

Approved, June 13th, 1848.

A CLARK BISSELL.

CHAP'l'I-ZR xxxvn.
An act in alteration of an act tlierein named.
Be it enacted by the Senate and House of
Representatives in General Assembly convened,
That the 12th section ofan act entitled ‘ An act
regulating the election of Governor, Lieutenant
Governor, Senators, Members of the House of
Representatives, Treasurer and Secretary,” be,
and the same is hereby repealed.
LA FAYETTE S. FOSTER.
Speaker of the House of Representatives.
THOS. B. BUTLER,
President of the Senate, pro tcm.
Approved, June 22d, 1848.
CLARK BISSELL.

CI1AI"1‘]£R xxxvm.

An act in addition to an act entitled ‘An act to

regulate the election of Senators,and to divide
this State into Districts for that purpose.’

Be it enacted by the Senate and House of
Representatives in General Assembly convened,
That the town of Andover, in the county of
Tolland, shall be and remain a part of the
Twenty-first Senatorial District.

LA FAYETTE S. FOSTER.

Speaker of the House of Representatives.

THOS. B. BUTLER.
P resident of the Senate, 1740 tem.
Approved, June 13, 184
CL

8.
ARK BISSELL.

CHAPTER xxxix.
An act in alteration of an Act relating to
Electors.

Be it enacted by the Senate and House of
Representatives in General Assembly convened,
That the proviso to the second section of the
act entitled ‘An act relating to Electors’ appro-
ved J une 15th, 1846, be, and the same is hereby
repealed.

LA FAYETTE S. FOSTER,‘
Speaker of the House of Representatives.
CHARLES J. McCURDY,

President of the Senate.
Approved, June ‘.24th, 1848.

tentiou 01 this act. One half the penalty re-

CLARK BISSELL.

mands in the same manner as with those exhib-
ited within said liiiiita.tion; and upon the return
, of their report of such demands to said court, all
iparties in interest shall have the same rights
l and privileges as are allowed on their first report
‘And said Court of Probate shall order such of
» said demands as are duly established, to be
paid from the property ofsaid estate remaining
after the payinents herein belore required to be
made; or in case said property is not suflicient
thrcfor, then in proportion to the sums so found

to be due. LA FAYETTE S. FOSTER,

Speaker of the House of Representatives.

CHARLES J. MCCURDY,

President of the Senate.

Approved, June 20th, 1848.
CLARK BISSELL.

CHAPTER xuv.

“'An Act in relation to evidence.”
SEC. 1. Be it enacted by the Senate and
I-Iousc of Representatives in General Assembly

as a witness in any suit or proceeding at law, or
in equity, by reason of his interest in the event
of the same, as a party or otherwise; or by
reason of his conviction ofa crime; but such in-
terest or conviction may be shown for the pur-
pose of affecting his credit.

SEC. 2. Nothing in this act contained shall,
in any manner, affect the law relating to the at-
testation of the execution of last wills and testa-
melllss 01' of conveyances of real estate, nor
any suit or proceeding now pendintv.

LA FAYETTE S. FOSTER,
Speaker of the House of Representatives.
CHARLES J. McCURDY,
President of the Senate.

Approved, June 24th, 1848.

CLARK BISSELL.

- CHAPTER XLV.
An Act relating to Evidence.

SEC. 1. Be it enacted by the Senate and
House of Representatives iu General Assembly
convened, That any party to any civil action or
proceeding, whether at law or in equity, may
compel any adverse party, or any person for
whose immediate and adverse benefit such ac-
tion or proceeding is instituted, prosecuted or
defended, to testify as a witness in his behalf,
in the same manner and subject to the same
rules as other witnesses: provided, however,
that no party shall be allowed to compel an
answer to ii bill gr motion for discovery, from an
adverse party, and also to compel him to tes-
tif . » 

)SEC. 2. Nothing in this act contained shall
affect any suit or proceeding now pending; and
nothing in this act, or in the not passed at the
present. session entitled. “ An Act providing that
the parties in any suit or proceeding at law or

.

Be it enacted by the Senate and House of

in equity maybe witnesses,” shall in any man-

any instrument required by law to be attested.
LA-FAYETTE S. FOSTER.
. Speaker of the House of Representatives.
CHARLES J. McCURDY,
President-of the Senate.
7th, 1848.
CLARK BISSELL.‘
CHAPTER xi.vi.
An Act in addition to an Act. enlitlec “ An Act
making fnrllier provision for perpetuating the
Testimony of \Vitnesses.” .

Approved, June 2

ed. That the provisions of the said Act, and of
the Act in addition to and alteration thereof,en—
acted in 1834, be, and the saiue are extended
to any matter in controversy, whether a suit is
or is not pending respecting the same: Provi-
ded, that the expense of taking such deposi-

Si-:c. 2. That for services rendered under

SEC. 1. Be il enacted by the Senate and: the said act there shall be paid by the petioner
Ifouse of Representatives in General Assembly or petitioners, the following sums: To the
convened, That all wills shall be in wril.ing,sub- judge to'wboni the petition is preferred, and

 who may take the deposition, three dollars per

i nay: To any person appointed by such judge to

~' take dl-posilioris as aforesaid, tlirec dollars per

~ day: To ‘ollicers and ivitiiesses, the same as in
other actions.
LA FAYETTE S. FOSTER.
Speaker of the House of Representatives.
CHARLES .l. McCURDY,
President of the Senate.

Approved, June 13th, 1848..

CLARK BISSELL.‘
CHAPTER xnvn.

An Act in addition to an act entitled “ An Act;
autlioriziiig the Collection of Debt by For-
eign Attacliment.” 1‘

Sec. 1. Be it enacted by (he Senale and
IIo/use of Reprcsenlal-ives in General Assembly
convened, '1-‘hat any debt, legacy, or distributive
share. due. or which may become due, to any
person from any insolvent estate assigned for
the benefit ofcreditors, may be attached in the
hands of the executor, administrator or trustee,
by process of Foreign Attachment; Prov7'ded,
that so much ofany debt. for personal services
as shall not exceed ten dollars, and such arti-
cles of personal property bequeathed or to be
distriliutcd, would be exempt from execution,
shall be exempt from attachment.

Size. ‘.2. The garnislice shall be described as
having the goods or etfects of the dofeiidaiit in
his hands, or as being indebted to the defendant,
as executor, administrator, or trustee, and shall
not in the original process, be required to dis-
close.

SEC. 3. \Vhenever any debt due, or which
may become due, to any person, from the es-
tate of a deceased person, which is settled as
a solvent estate, shall be so attached, the lion
created by such attachment shall not continue,
unless demand is made of the garnishee upon
the execution, within sixty days after the rcn
ditioii of the judgmeiit, or sixty days after the
rendition of the judgment, or sixty days after
the expiration of the time limited for the de-
fendant to present his claim against the estate.

Si-:c,“4‘.“VVlieneveraiiy legacy or distribu-
tive share due, or wliicli may become due to
any person, froiu the estate of a deceased per-
son, shall be so uttaclied, the lien created by
such attachment shall not continue. unless de-
mand is made ofthe garnisliee upon the execu-
tion, within sixty days after the rendition ofthe
judgment, or within sixty dyys after the time
when, if such attachuient had not; been made, it
would have become the duty of the executor or
il(lll'lll]lSll'i1t0l', in the course of the settlement
ofthe estate, to deliver to the defendant the
legacy or distributive share to which he is eliti-
tled.

Size. 5. W'he.ncvei' any debt due, or which
may become due to any person, from the estate
ofa deceased person which is settled as an iii-
solvcnt estate, or from any insolvent estate as-
signed_ for the benefit of creditors, shall be so
attached, the lien created by such attachment,
shall not continue, unless demand is made of the
garnisliee upon the execution williin sixty days
after the rendition of the judgment, or within
sixty days after the report ofthe couiIiiissioiiei's
allowing the claim of the defendant, shall have
been returned to and accepted by the Court of
Probate; or, ifan appeal or review is allowed

on such claim, within sixty days after the final
allowance ofsnch claim.

SEC. 6. \Vhenever demand shall be made of
the garnislieo upon the execution, in either of
the cases mentioned in the three preceeding
sections, within the periods therein specified,
the garnishee may pay the debt, or deliver the
legacies or distributive share so attached, to the
oflicer making the demand, to be applied on
such execution; and if at the time of such pay-

l

convened, That no person shall be disqualified ?

ment or delivery, the garnishee would have
been required by law to make such payment or
delivery to the defendant, if there had been no
attachment, or would have been justified in so
doing, he shall be credited for such payment or
delivery to the oflicer in his administration ac-
count.

SEC. 7. If, upon demand so made,‘ the gar-
nisliee shall neglect or refuse to make such
payment or delivery, the plaintitl‘ in the For-
eign Attachment may maintain a Scirefacias,
against him, witliiu the time limited by law in
other cases, which shall be brought, and the
judgment therein, if the plaintiff shall recover,
shall be rendered against the defendant as ex-
ecutor, administrator or trustee as aforesaid:
and upon such judgment no execution shall be
issued, but the defendant may pay upon the
same, the whole or so much of the monies, or
of the value of the goods and effects attached,
and for which he would otherwise have been
liable to the original defendant, as may be nec
essary to satisfy the said judgment, Wllicll pay-
ment shall be credited to such executor, admin-
istrator or trustee in his administrationaccount:
Provided, that he ‘shall not be credited with
the costs recovered on such Scirejiicias, unless
the Court of Probate shall beofopinioii that the
executor. administrator or trustee was justified
in incurring the same

SEC. 8. If the garnishee shall not pay such
judgment as provided in the last section, the‘
same may be recovered by the attaching credit_-
or in an action on the probate bond, and not
otherwise. 1

SEC. 9. \Vhenever any debt due, or to be-
come due, to any person from an estate settled
as a solvent estate, shall be attached as herein
before provided, the attaching creditor may
within the time limited for the presentment of
claims against such estate, present the debt so
by him attaclied. to the executor or administra-

tor :_ and in such case subh debt shall not be

nor iilfect the law relating to the attestation of

barred as against such attaching c‘redilor, net-
willistanding the tlrfeudant in the F0i'(-Sign‘ At
tachment may fail to present the same within‘
the time so limitr-d. -

SEC. 10. VVhenever any debt. due, or to her-
come due. to any person from an estate repre-
sented iiisolvent, or from an insolvent estate sis-
signed for the benefit of creditors, shall be at-
tached as hereiiibcfore provi(led', the attaching
creditor may. within the time limited for the
presentment of claims against. such estate. pre-
sent the debt so by him attached, to the coin-
niissioiiers on such estate, and may appear and
may be heard in relation thereto. and shall have

Q .- ‘ . . . . . .
-khc-I 1- Be It cndcled by the Senate and PIouse 5 the same right of review or repeal as the defen-
qf cprcsenlalives zn (xcncral Assembly conven- dnnt,

SEC. 1]. Nolliingin thetwo proceeding sec-

'tions shall be construed as ext-impting any cred-

Aii Act in alteration of “ An Act for the settle- I lions, shall in no case be taxed as a part of the .
meat of Estates, testate, intestate and insol- E costs in any pending suit.

I
l

itorofnn estate who shall have neglected to
present. his claim against such estate within the

time limited, from any forfeiture or bar bv ren-I

son of such neglect; but the presentment and
proof of any debt, as afoiesaid, by an atltacliing
creditor, shall eiidurc to the benefit of such ut-
tacliing creditor alone.

SEC. 12. If any executor. adniinistrator, or
trustee shall have been attaclicd under this act.
shall die or be removed, pending the proceed-
ings either on the ofigiiial writ or mi the .scirc
facias, upon proper suggestion being made upon
the record, such proceedings may be continued
against his survivor, or his successor in such
trust, as the case may be, in tho saiiie nianner
as they might (ll.llUl'\\'lSe have been against the
original gariiisliec or garuislieos.

SEC. 13. The act e.iit.itled “An Act in addi-
ttou to an Act entitled “ An Act in autliorizing
the collection ofdebts by Foreign Attzicliiiieiit,’l
approved June 27th, 1816, is l‘l9T(.‘.l)_)' ropealcd.

LA FA YE"TE S. FOSTE R,

Speaker-oftlir-. lxlousc of R.epi'eseiit,atives.

CHARLES J. Mc(_‘.URl)Y,
President of the Senate.
Julie 72_7tli 184°.

Approved, ,
' CLARK BISSELL.

 

Chapter XLVIII.
An _.Act in alteration of an Act entitled “An Act
to prevent the importation of convicts.”

Be it enacted, &c.. Tliat so much of the said
act as provides that any person prosecuted for
the breach thereof shall be deemed guilty of the
same, upon proofthat he has imported foreigners
into this State, or has been aiding or assisting
therein, unless he can show that such foreigners
Wereiiot convicts and that he had a lawful right
to import the same, 50, and the same is hereby
repealed.

L.-A. FAY}-‘.'1‘TI-‘. S. FOSTER,
Speaker of the llouse of Representatives.
CHAS‘ J. McC'o'i1nY, President of the Senate.
Approved, .lunc 7'20, 131.9. CLARK BISSELL.

Chapter Lxix.
An Act in alteration of an Act entitled “An Act
relatiiig to HlL§ll\V'a}'S and lli'id;_:cs.”

Be it enacted by the senate aucl House of
Representatives in General.fI.sseiiibz’y can vened,
That the third section of said act be, and the
same is hereby repealed.

L.-\ l."Avr:T'rv: S FOSTER,
Speaker of the l-louse of Representatives.
CHAS. J. MCCURDY, President of the Senate.
Approved June 27, 1515'. CLARK l3issi;i.L.

 

Cliaptcr L.

An Act concerning the sale of the land of Idiots,
Lunatics, Distracted and lncapalilc persons.
Be it enacted by the senate and House ofRe-

prcsentativcs zn General flsscmbly convened,

Tli-at whenever upon the application of any con-

servator, the Court of Probate sli:'i'l Ol‘llt:l‘ the

sale of the real estate ofany such idiot, lunatic,
distracted and incapable person, and shall au-
t;hori'/.c some meet per.-ton to soil the same, such
conservator niay be the ])l1l'(‘lltlSel' tlicrcof.
L.-it-‘.\Yi:'r'ri-2 S. Fos'ri:R,
Speaker of the l.lou..<c of llcprcscntalivcs.
THOS. B. liU’l‘Ll-JR,
President of the Senate, pro (em.
Approved June "“ 1 813. CLARK Bissi-:‘LL.

-1‘
.C, ...a

Chapter Li.
An Act concerning Mutual Lil'c, Fire and Health
Insurance Companies.

SEC. 1. Be it enacted by the Senate and
House of Representatives in General ./Jssembly
convened, That at the election oftrustees or di-
rectors ofany mutual life insurance company, in-
corporated bv the Legislature of this State, not
less than two thirds ofthe whole number of such
trustees or directors shall be elected by meiubers
of such company entitled to vote, who reside
within the limits of this State; andiuot exceed-
ing oiie-tliird ofthe whole number ofsucli trus-
tees or directors as aforesaid, may be elected by
members of such company entitled to vote, who
reside without the limits oftliis stzitc.

SEC 2. That if the members ofany such com-
pany who reside without the limits of this State,
shall not appear at the election of trustees or di-
rectors of such company, either in person or by
proxy, and shall fail to elect such trustees ordi-
rectors, not exceeding one third of the whole
number as aforesaid, then such trustees or direc-
tors shall be appointed by the said trustees or di-
rectors who may be elected by the members of
such company who icside within the limits ot
this state as aforcsziidg and no act of incorpora-
tion heretofore passed slia_1l be construed to af-
fect the provisions oftliis act. 

SEC. 3. Be it further’ enacted, That it shall
not be lawful for the president, secretary, direc-
tors, trusteus, or agent, of ny mutual life, fire
or health insurance company, incorporated by
the laws of this state, who now is, or hereafter
may be employed or autliorised to procure policy
holders or stockholders in such company, or to
receive applicatioiis or "subscriptions therefor, to
solicit or procure, directly or indirectly, or to
assist in procuring, any proxies from any stock-
holder in such compaiiy, to be used in any meet-
ing of such company; nor shall any su'cli ollic'ci"
or agent vote on any proxy in any such uiecting.

And any olljcer or agent as aforesaid, who shall
offend against the provisions of this act, and ev-
ery olher person who shall knowingly use any
proxy so obtained, c.ntrary to the provisions of
this act, shall forfeit and pay the sum of one
hundred dollars, one half to him who shall prose-
cute to ellect, and the other halt to the treasury
of the town where the ollicc of said company"
shall be located.

SEC. 4. 'l'his act shall not bcbinding upon any
company which shall not, at its next annual
meeting, accept of the provisions thereof, as a
part of its act of incornorati‘on.-

, LA FAY)-ZTTI-I F¢‘s'rx-zit‘,
Speaker of the House ot Representatives.
C1-iARLr.s J.McCURDY,Presiuent of the Senate.
Approved June 26, 1848. CLARK BISSELL.

Chapter Ln.
An Act to repeal an Act therein named.

Be it enacted bythe senate and House of Re-
presentatives in General ./lssembly convened,
That the Act entitled “.A.n:Act to authorize the
Superior Court to grant relief in‘ certain cases of
Insolvency,” and all acts in addition thereto, be,
and the same are hereby repealed.

LA 1".-unzrrrz S. Fos'ri-zn,
Speaker of the House of llepresentatives
CHARLES .I..hdCC'URDY, President of the Senate.

_..

, , . , Cliapter LIIL
An‘ i_n'.:ilferfatic5n of _an Act entitled “Ali Act
prcscri_bin‘g the ii‘1‘1_inb‘ct’ of Jiii-j men for each‘
fown in; the State.”

 1. Be it on acted by the seimle drid Hazcse
Of Representdtiv'es in Genera‘! Assembly con-
venea, Thaxt the toss oi’ Bra'o‘}rly'7'2,- frorn and
nftcr the passage of tliis’ act,__b'e'eiititlcd to select,
in the ginanner pr<_zscribcd in the ‘fAct for. the
lrcguhitioii of Civil Actions," for the purposes‘
tlierc-in mentioned, the number of t'e’n' .-l'tli'-’v'i:n'eii_-

SEC.‘ ‘2. So much of the said act as is inlconsislr
tent with this act is hereby rep¢;aJe'd_«_

- LA F.~nri-:'r'rr: S. Fos'ft':'ii;~
‘Speaker ofthe House of Representatives‘.
C“-"i 3- MCCURDY. President of the Senate‘.-
Al’l“'°"ed» -lune 13. IS-13.. CLARK‘ Bissiatm.-.
Chaplet Liv.
An Act in addi_tion to an Act entitled “An Acf
prescribing the number of Jurj'men' in each
town in this State.” ‘

Be -it enacted by the .§e'.*'2't_r'!e_ and Home o_tf'Re-'
pres-entatives‘ in General flisenzbly c'on've1'i'e'd;
That the town of .4-ndover, in the county of Tol-
land, shall be entitled to select six Jurymeii, in
the manner prescribed in the Act for the regula:
tion of Civil Actions, and for the purposes tliei"'e'-'
in mentioned. ~ A

LA F.u'm*'rt: S. Fos'ri-:n,-
Speaker ofthe House of lieprcscntativcs.
Approved Julie 15, 1848. (‘LARK BISSELL.-
. Cliaplcr LVT.
Au' Act relating to Jo‘:-y Ti'ials'.

Site". I. Be it enacled by the senate and Hoitse‘
of 1.’.-~;irese7zIaIii:es in General ./1.5-serrtbly con-‘
vened, That in the trial of any civil act‘i'on'to the’
.ltiry, both parties shall have a right to challenge’
two jurors pereinptoril_v,- and without alleging or’
sliowing any cause tlicrefor. _ _

SEC 2,. In the trial of any c'_rin'i'iual prosecu-'
tion to tliejury, the defelidant shall liave a right
to challenge two jurors pcremptorily, a‘n'd \'v'ifli'-‘
out alleging or showing any c‘2u‘s'c‘ tlie'i"'efoi'~'.-

Sec’; 3‘. Nothiiig" li'eif'eii‘i c'ontaine'd,shall iii" any-'
wise affect the law relating to clialleiiges of ju‘--
rors in capital causes. _ .

_ _ Lot FA.-i'ri~:'i'*"'i"i:T S. Fo's'i"'r':it,
Sperilcerof the House of l{epi"esc'n't‘at_n'es'.
C‘l~IARI.ES J. McCU1’{Dir,-Pi'esi(l-eiif ofthe Senate’.-
Approvod June 9, 18-18 CL-Am; Bis-si:LL-.

_—..—

[Chapter Lvij , _
An Act in addition to an Act entitled “ an Act
concerning Lands.”
SEC. 1. Be it enacted by the Slcnatie and
Houss of Representatives in. General flssem-'
bly co/iveiierl, That any woman who is an alien,
and the wife of a man by law capable of holding’
land in this‘ State, shall be capable of taking and
holding land in this state by devise or in'heri-‘
mace, and shall be‘ entitled to dowcr‘, in the‘ as-'
tate of her deceased husband; And the’ child,-
or children, and other lineal (lesce’tida'nts, of any
person capable of holding land in, this state,»
sli-.ill be entitled to take and bold su‘c'lr land as
heir or heirs at law of such t1ll'('.(:Sl.OI“'-‘§lZ'Il‘f3l'l‘leY'
such child, children, or lineal dcsce1‘icfa‘iils';4:iféi';
or are not natives of the United States; in llitl‘
same manner as if they were citizens of the U.-
Slates.
LA FAYETTE S. Fos"1'*r:i'i,
Speaker of the House of Representatives.
CI-l’.»‘\S. J. MCCURDY, President of the Senate,
Approved June '32, 18-18. CLARK BISSELL.-
[Cbaptcr Lv‘ii._l , _
.\:i Act in addition to an Act entitled “ An Act.
concerning Lands.”

Be :7! enacted, S,-c. That in every action of dis-'
scisiii to recover possession of lands. of any de-
fendant in possession, who has purchased the
lands believing that he acquircd an uncondition-
al title by such purchase, or who holds under’
those who have thus purchased, or who has
derived a supposed title, by devise, inhcri-'
tancc or otherwise, from those who have thus"
purchased, and such defendant, or those under’
whom he hol:l.=, or from whom he claims to have‘
derived a title, have made valuable iti'lp‘to'7"€-r
meals thereon, under :1 belief (hat lie‘ or they tic’-'
quired a good title b_v such purchase, devise, in-
licritancc, or other conveyance, and the verdict:
of tliejury shall be for the plaintiff,——the court
before whom such action may be pending, shall,
on motion tiled by the defem.lant., or other par-
ties in interest, on finding that such improve‘-‘
mcnt have made under a belief that a good title’
had been procured, and was in the defendant, be-'
fore rendering final judgment and issuing execu-
tion, proceed by hcargng or ctiiiitnillee, accord-
ing to the rules in equity proceedings, to take an‘
account between the parties’ in interest And on
taking such accouiit, there shall be allowed to‘
the defendant or other parties in interest, the
value of such improvei'nents,and to the plaintiff
a reason'aliie sum for the use of said land, as far"
as the same shall be equitably due from such de-
fendant or parties in intcrest,_:ind the court shall-
order and decree. the balance so found due to be
paid: and final judgiiient shall not berendercd
in said action, nor the same avail the‘ plainl’ifi'for
any purpose, until the sum so found due for such
iinprovcmc'nls be‘ paid: Provided, that if the
plaintiff shall «alert to have the title confirmed in_
the defendant, and shall, upon the rendiction of
such verdict,- make‘ such election, and file his
liis' motion tlierefor, the court shall, by hearing
or committee, as_c.crtain the sum which ought in
equity to be paid by the dclo’ndant or other par-
ties in intcre'st,~ to the plaintiff’, and may, upon
pa_viricnt,tlie‘r'eol, coiifirni the title in the party
paying the same. _
’ _ A FAYI«:'i"‘i'fn' S; F!!STE_R,-
. Speaker’ of the House, of ,Repres'e‘ti‘féiflv'es.
CHARLES .-l. lVlC'CLI'im'r,- President of the Senate.-
Approved June 26. 1818. CLARK Bissi:LL.

CHAPTER Lvin.
An Act confimiing Dccds and Bonds.

Be it enacted, &c., That all deeds and instru-"
merits for t e conveyance of real estate, and all
instruments which purport to have beefi intend-
ed as bonds with condition under seal, which
have been executed without seal, shall be valid.
as‘ though the some had been scaled: Provided;
that this act shall not affect any suit now pend-'
In";

a LA FAYETTE S. Fos'ri-:R,
President of the House of Representatives.
CHARLES J. Mc(,'U_nnY, President of the Senate.-
Approved June 2-1, 18-13. C1}.-‘slut Bzss£LL.

_ _ Ediixprnn Lix.] , ,
An Act relatingto Partition oi’ Lands.

SEC. 1. Be it enacted, 8,'e., That the Supéfioi‘
Court, as a court of equity, may_ upon the péli-'_
lion of any person interested, order partition of
any real estate held in joint-tendency, tenancy in
common, or copai'c?en'ai"_v;' and may appoint a
committee for that purpose. _
SEC. 2. The Superior Court, as a court of eq-
uity, may,upon the petition of any person in-‘
terested, order the sale of any real estate lioldeii
in joint tendency, tenancy in common, or c'opai'-
canary, whenever in the opinion of the court, a
sale will better promote the interest of all parties‘
than a partition ; and may appoint a committee
to make the sale; and may make any order ne-'
cessary to protect the rights of all persons inter-
ested, and to carry the sale into full effect. The
monies arising from the sale, after the payment"
therefrom, of such reasonable cost. and expehsei
as the court may direct, shall be distributed ii‘;
order of the‘court, amonv all persons interested

Approved June 12, 18-18. CL.-nix BISSELL.

5

lathe estate, in proportion to their interest;

[See four:/'4 page]

~¢

“w

 

CHI.-\S J. l\1(:CUunY. President of the Senate‘; ‘

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