Norwalk Chronicler

Norwalk Gazette, Tuesday, August 10, 1852 · page 1

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PUBLISHED EVERY TUESDAY MORNING

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 5 _BY A. H. BY-ING'I‘QN &. Co.

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 X T ET ‘Two JDVOLLARS PER.lAN1_?‘l

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NUMBER Q41--NEW SERIES.

’ A it fuiitilp Newspaper---illwetcb to if-ittratittt, ®eim'al3f1tttlligeuie,1})otiti:s, ‘Agriculture’, 

NORWALK, CT. TUESDAY, AUGUST if}, 1852.

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rt-:1 aim, flllanufattittee. A ‘ 
l _ l ‘_ ( _ . ,. 4. ,._‘ E .- .4: 
VOLUME XXXV.--NUMBER in}.

THE NORWALK G.-lZE’l‘TE.

A. II. BYINGTON 8: CO.
, .A. H. Bvisoron. H. W. llvnr.

Ojice at the foot of .Main st.—over the store of
C. J. Gruman.

 

_ Terms of the Gazette.
Village subscribers by carrier-—pr yr
l\lail- do in advance do
Office subscribers, or those living out of
the Cari-iei-’s district. and who call for

$‘2 00
12 00

’ their papers at the office 1 50
Companies of fiveor more receivicgtheir
papers by mail, if paid in advance 1 50
Tex-ins of Advertising.
16 lines or less, 1 insertion 75
u 2 as 
u 3 -- 1 oo

 

Jon PRINTING executed with neatness
and rlespatch, and at low prices.

Auction.

ILL be sold at Public Auction, on
' Thursday, the 12th day of August
next, at 8 o’clock A. M., on the premises, one
tract of wood-land containing four acres, and
one containing about two acres, lying on the
west side of whortleberry hills. about one quar-
' ter of a mile northeast ofSetli Hick0k’s dwell-
ing house in New Canaan, also one tract con-
taining about 5 acres lying opposite the resi-
dence of Smith Olmsted, and 1 tract contain-
ing about 8 acres, lying west of Finclfs Mills,
in said New Canaan. Also, on the same day,
on the preinises, at 2 o'clock P. M.. three
- separate tracts of sedge flat, containing respec-
tively about 4, 241: and 1.5 acres, lying in Nor-
walk, on the west‘ side of the harbor. opposite
oyster shell point. On the day followiug.,Fri-
day, the 13th, at 1 o’clock P. M., a tract. of
land containing about 12acres, lying in New
Canaan, at Hayes's field. so called, and imme-
diately after, at the residence of Andrew Ben-
edict, two Horses. two yoke of Oxen, one of
Wheeler’s patent double horse powers and
threshing machine, with separator, one large
, double wagon on springs, one single wagon,
Horse rake. Fanning Mill, Com shellers,
Plows. écc. Conditions made known at time

and places of sale.

CHAUNCEY B. HOYT, Trustee.
New Canaan. July 30th, 1852.

Notice. ..

THE undersigned will sell at Auction. on
MONDAY. 9th day of August next. at 10
o'clock, A. M., at the Hotel ol'D. Stephenson.
Norwalk. the shares or stock of the Danbury dc
Norwalk Rail Road Company remainingunpaid.
belonging to subscribers and for their account.

GEO. W. IVES, Treasurer.
_Danbury,July 29th, 1852.

strayed.

From the pasture of the subscri-
. her. on or about the 8th of J iily inst.,
four Calves. two i-ed and two pied, -\Vlioever
will take up said calves, or give information
where they may be found, will be reasonably
rewarded. J. CAMP, Jr.

Noi-walk, July 31, 1852. 2t31

 

House and Lot for Sale.
__ A House suitable for a Hotel, or
 boarding house, pleasantly situated, near
the N. Y. 6? N. H. Railroad, in South Norwalk
is offered for sale and immediate possession giv-
en. Enquire of A. E. BEARD, near the pre
mises. Norwalk, July 24th, 1851.

Auction.
I DURSUA NT to an order from the court of
Probate for the district of Norwalk. will
be sold at. public Auction to the highest bidder,
on the 10th day of August, A. D. 19:52, at one
o'clock in the afternoon (unless previously dis-
posed of at private sale.) so much ofthe real
estate of Elijah Reed, late of Noi-walk, dec’r=l,
as will raise the sum of $553 48 cts. Sale to
take place at the last; residence of said deceas-
ed, in said Norwalk. Terms made known at
the time ofsale.
CHARLES REED, Exec-
, _ ROSWELL REED. utors.
Dated at Norwalk, this 24th day of July, A.
D. 1852.

Gomniissioners Notice.
' THE Subscribers appointed by the Court
of Probate for the District of Norwalk
Commissioners to hear and examine the claims
of the creditors of the estate of George A. Ken-
worthy. an insolvent debtor of Norwalk, in.saio'
district, assigned in trust for the benefit of his
.c;-editors. hereby give notice, that we will at-
tend to the business of our said appointment at
the dwelling house of James Stevens, in said
Norwalk on the 14th day of August, 1852, at 1
o'clock in the afternoon.

Said Coui-t; has limited and extended the time
for the exhiliilion to us of claims against said es-
tate to the 15th day ofAugust, 1852.

CHARLES THOMAS. Commis-
DANIEL HAN l*‘ORD,§ sinners.
Norwalk, July 22d, 1852. 3t30

District of Norwalk ss Probate Court, July
_ 29th, 1852.
j ' STATE of AURINDA LAMBERT,
’ late of Wilton in said district. Cl6CPf|S6d-
i0rde'r'ed——That the ‘Executor exhibit his
Administration account to this C011” fol‘
adjustment, at the Probate Office in Norwillk
am the 14th day of August. 1852. at 9 o'clock-
forenoon; and that all persons interested in Said
, Estate may be notified thereof, tlie.Execu-
tor will cause this Order to be published in
pa newspaper printed in Fairfield County and
post a copy thereof on the sign post in said Wil-
‘ton. at least ten days before said 14th day of
' August. _ '
GEORGE A. ‘DAVENPORT,-Judge.
District of Norwalk as Probate Court, July
19th. 1852.; .
. STATE of ELIAKIM RAYMOND. late
‘ of Brooklyn, in Kings county, State of New
- -York, dec'd. ~’
, - The court of probate for the district of Nor-
walk hath limited and allowed six months from‘
the date hereof, for the creditors of said estate
J to exhibit their claims for settlement. Those
«who neglect to present tlieiruccounts, properly
attested, within said time. will be debarred a
__recovery. All persons indebted to said estate
are requested to make immediate payment to
- JAMES REED, Administrator.
 Norwalk,-July 19th, 1852. 30

Houses and Lots fbr Sale.
' THE subscriber has foi- sale several
‘convenient cottage-‘houses with good lots and
::ifl['|l'0V8lD0ntfl. which be will sell upon reason
_I.f_>_|e.ternis, and gory chain 5:.

1??! ‘Eli?-A9: STREET-

 

Public Acts.
CHAPTER XLVII.
An Act relating to Firemen.
Be it enacted by the Senate and House ofRep-
resentatives in General flsscmbly convened.

SEC. 1. That all persons who shall be mom-
bcrs of any fire company, authorized by and or-
ganized under the laws oftliis State, and all per-
sons who shall be engineers or wardens of any
fire department, in any of the towns of this
State, shall during the time of such service be
exempt from serving as jurors in any of the
courts of this State, from the payment of poll
taxes, and from the performance of military du-
ty except in the case of war or insurrection.

SEC. 2. All persons who, alter the passage of
this Act, shall serve six successive years in the
above mentioned capacity of fit-eman,or as engi-
neer aml wax-den,sliall be and remain thereafter,
exempt from the _nerformance of military duty,
except in the case of war or insurrection, from
serving as jurors in any of the courts of this,
State, and from the payment‘ of poll-tax in the
l(()l'Nl‘t in which such duty and service is perform-
e .

Size. 3. All acts and parlsgof acts inconsistent
herewith are hereby repealed.

Approved, June 25lh,1S52.

CHAPTER XLVHX.

An Act in allerafion of “ An Act encouraging
and regulating l-‘ishei-ics."
Be it enacted by the Senate and House ofRep-
rcsentatiucs in General flsscmbiy convened :
That so much of the 9th section of the “ Act
for encouraging and regulating Fisheries," as
prohibits the use ofany seine or other fish craft,
for the taking of fish in l-lousafonic River, be-
tween fhc rising of the sun on Saturday mor-
ning, and the setting of the sun on Saturday eve-
ning, during the months of April, May, June and
.lul_v in each year, be and the same is hereby
repealed. Approved, June 17th, 1852.

CHAPTER XLIX.

An Act to repeal part of an Act entitled " An

Act for encouraging and regulating 1-‘isliei-ics.”

Whereas :1 compact now exists between the.
State of Connecticut and the State of‘ Rliodc
Island, in relation to the fislieries, in the Paw-
catuck River; and wltercas the State oflihode
Island did at .the.ir January session, A. D.
185:2, pass an Act repealing so much of their
act forming said compact, as relates to the
opening of the passages in the mill dams in
said river; Provided that the Legislature of
the State of Connecticut shall repeal so much
of their act as requires lne opening of the pas-
sage in the mill dams on the Connecticut side
of said River; now, therefore

Be it cnacted by the Senate and House of Rep

resentatives in General ./lsscmlily convened .-

Tliat the 25th nd 26th sections of said act,

be and the sfllIlG€t’e hereby repealed.
Approved, June ‘.25lh.1S52.

CHA PTER 1..

An Act in addition to and in alteration of “ An
Act encouraging and regulating Fisheries.”
Be -it enacted by the Senate and House of Rep-
resentatives in General J1s-semb/_i/ convent.-d :

The fine prescribed in the -llsl and 42d sec-
tions of the act to which this is an addition,
shall be payable, one- half to him who shall
prosecute the offences contained i'n said sections
to effect, and the other half to the treasury of
the town in which the offence is committed.

Approved, June 25th, 1852.

‘ CHAPTER LI.

An Act concerning the arrest and surrender of
Fiigitives from Justice.

Be ‘l.f€7l(1(7f('dll'f/tflé’ Senate and Hou.9e ofRep- A

resentat-ivcs in. General Jlsscmbly convened .-

SEC. 1. The Governor of this State may in
cases authorized by the constitution and laws of
the United States, appoint agents to demand
and receive from the executive authority of any
other State, any fugitive from justice.,or any per-
son charged with felony, or other high crime in
this State; and whenever an application shall
be made to the Governor for that purpose, such
application shall he sustained by a properly at-
tested copy of the indictment, information or
complaint, as the case may be; the warrant of
the inagisti-ate, and the return of the officer‘, to-
gelher with original aflidavils of one or more of
the principal witnesses.

SEC. ‘.2. The state aftoriicy, or any 0l'l1ef‘pt'os-
ecuting oflicer, when required by the Governor,
shall forthwit_h investigate the grounds of such
application, and report to the Governor all the
material circumstances which may come to his
knowledge, and his opinion as to the expediency
of the demand. But the Governor may in any
caise appoint such agents without requiring such
report and opinion.

SEC. 3. When a demand shall be made upon
the Governor of this State, by the executive au-
thority of any other State, in any case authori-
zed by the constitution and laws of the United
States, for the sui-i-ender of any person charged
in such State with felony or other high crime.
the state attorney or any other prosecuting offi-
cer when required by the Governor, shall forth-
with investigate the ground of such demand, and
report to the Governor all material facts which
may come to his knowledge, as to the situation
and circumstances of the person so demanded.
and whether such demand is made according to
law. so that such person "ought to be surrender-
ed. And if it shall appear to the Governor that
such demand is conformable to law, and ought
to be complied with. he shall issue his warrant
directed to any sheriff or other proper officer,
authorizing and requiring the arrest ofsuch per-
son, and his delivery to the agent appointed to
receive him.

See. 4. When an offender shall be appre-
hended in any neighboring State, and it may be
necessary to convey him through this State to
the place where the offence was committed, any
justice oftbe peace of this State, upon applica-
tion made. and proof that lawful process has is-
sued against such offender, shall issue a vvarrant
directed to any sheriff or other proper officer or
to any person by name, who shall be sworn to
the faithful performance of his duty, authorizing
such conveyance; and such person or ofiicer
shall cause such offender to be conveyed to the
line of this State, next to the State where the
offence was committed, there to be delivered to
some proper officer ready to receive him, and all
persons to whom such warrant may be directed,
are required to obey the same, upon tender of
the lawful fees therefor. ,

SEC. 5. A1-casonable compensation" shall be
allowed the attorney for the State, who shall be
called _upon to perform any duty under this act,
and his necessary expenses; which shall be
taxed by the superior court in the county~whei’e
such services may be rcmlei-ed,

Approved, June 28th, 1852.

CHAPTER LII.

An Act in addition to, “ An Act relating to the
- General Assembly.”
Be it enacted by the Senate and House of Rep-
resentatives in General ./lsscmbly convened :
In all petitions of an adversary nature, which
may be preferred to the General Assembly.
wherein the adverse party shall consist of more
than twenty individuals, any Judge of the su-
preme court of errors. may, during the sitting of
any court by him holden or in vacation, make
such order as he shall deem reasonable; and - no
other notice shall be necessary to bring such pc-
titions to a hearing, than that prescribed by such
judge. ‘ Approved, June 24th, 1852.
cH.u-rim Lin. \

An Act in addition to an Act entitled -" An Act
concerning Highways and Bridges.”

Be it enacted by the Senate and House of Rep-
reaentatives in General .d'sa‘embly'canvencd :_
Sac. 1. That whenever, in pursuance of the
22d section of the Act to which this is in addi-

tion, on application is pending before the county
» y'_"‘,.-.,-,2. — - ..,. . . 3 . _- .‘-..

3?-'5':

c'ou'i-t, in favor of a party aggrieved by the laying
out ofa private way by selectmen, or in their es-
timate of damages, said application may bel.ve‘a1-d
and det_ermined_by the county c<i:nfn’fssfoners':
and said ddtumissioners may inquire into the
private convenience and necessity of said way,
and may confirm, alter, dliange or set aside the
same, and may oflicrwise p1"'ocee ' in the premi-
ses according to the provisions of existing law.
SEC. 2. That all Acts and parts of Acts, in-
consistent with the provisions of this Act, he
and the same are herby repealed. Provided
that this Act shall not affect any suit or‘ proceed-*
ing now pending. Approved, June 28th 1852.

CHAP'.l‘I-ZR LIV.

An Act in addition to an Act relating to Toll
bridges and Drew bridges.”
Be it enaclcd by the Senate and House ofRep-
resentativcs in General ./.Is.9einbIy convened .-

Sec. 1. That any action brought by any town
in this State, to recover the penalty incurred by
any person in riding oi- driving any horse, team
or carriage upon any bridge contrary to the stat-
ute to which this act is an addition, may be
brought and tried before any justice ofthe peace
residing in the town where such bridge is sit-
uatcd.

Si:(,-. 2. All acts and parts of acts. inconsis-
tent with the provisions ot‘ this act, are hereby
repealed.

Approved, June 29th, 1852.

CHAPTER LY.

An act in addition to an Act entitled " An Act
for the protection of Indians, and the preser-
vation of their property.”
Be it en acted by the Senate and House ofI?cp-
resentative.9 in General ./Isse-nzbly convened .-

SEC. 1. That all applications for liberty to sell
or exchange lands or other property of members
ofany tribe oflndians within this State, may be
heard and determined by the county. court of the
county in which such tribe resides.

SEC. 2. Notice of such applications shall be
given by some proper nflicer, to the overseer of
the tribe to which the applicant belongs, by
leaving a true and attested copy of the same
with such overseer, ‘or at his usual place of
abode, at least twelve days before the session of
the court to which the applications are re-
lL‘ll'l’t8l)l0.

SEC. 3. If itshall appear to the court to which
any application for the sale or exchange of real
or personal estate shall be made, pursuant to
this act, that such sale or exchange would be
beneficial to the owner of such estate, and not
injurious to the interests of the tribe to which
such owner belongs, said court may, at its dis-
cretion, authorize such sale or exchange to be
made at such time and place, upon such terms
and conditions, and in such manner as it may-
deem proper.

Sec. -1. Whenever authority is given for the
sale or exchange of lands or other estate. pur-
snant to this act, the overseer of the tribe to
which the owner of such property belongs, may
purchase and take conveyances of_ the same, for
and in the name ofsuch tribe.

Sec. 5. The act entitled “ An Act in addition
to and in alteration of an act for the protection
oflndians, and the preservation of their proper-
ly,” approved June 19th, 1850, is hereby repeal-
ed: Provided, however, this act shall not affect
proceedings already commenced, or conveyances
made according to the provisions of said act.

Approved, June 17th, 1852.

CHAPTER LVI.

‘An Act in addition to an act securing to Me-
chanics a lien on Land and Buildings.

Be it enacted by the Senate and Ifoiise of
‘Represenlctlives in General ./lsscmbly

convened:

Size. 1. Every dwelling house or other buil-
ding, for the construction, erection or repairs of
which, any person shall have a claim for mate-
rials furnished or services rendered, cxcccdinv:
the sum of twenty-five dollars, shall, with the
land on which the same may stand. be subject
to the payment of what may be due from the
proprietor, and the same shall be a lien on such
land and building, and shall take precedence of
any other lien or incumbrance which shall orig-
inate subsequent to the commencemeiit of such
services, or the furnishing ofany such materials:
and said premises shall be liable to be foreclosed
by such persons, in the same manner as if held
by mortgage.

Size. 2. The debt for services or materials as
aforesaid, shall not remain a lien on such land
or building, for a longer period than sixty days
after the person performing such services or fur-
nishing such materials has ceased so to do, un-
less he shall lodge with the town clerk of ‘he

icate in writing, describing the premises, the
amount claimed as alien thereon, and the date
ofthe commencement of the chitin; the some be-
ing first subscribed and sworn to, as the amount
justly due, as nearly as the same can be ascer-
tained, which certificate shall be recorded by
thc town cl:-.i-k, with deeds of land. _
SEC. 3. Whenever" any person shall lodge a
certificate as aforesaid, and his debt shall after‘-'
wards be satisfied, or final judgement shall be
rendered against him, showing that nothing is
due thereon, the same proceedings shall be had
as are provided in the fourth section of the act,
to which this is'an' addition. ,
SEC. 4. An act in addition to “an act securing
to tneclianics alien on land and puildings,” ap-
proved June ‘2SZd,~,1S49,- be and the same is here-
by repealed: Provided, that this act shall not
affect any suit or proceeding now pending, or any
lien now existing under and by virtue of said act.
Approved, June 252d 1852.

_ , ciixivyizii Lvii. , ,

An act in addition to "an act for forming and
conducting the Military Force.”

Be it enacted by the Senate and Ifouse of

Representatives in General Assembly

convened .‘ _

Sec. 1. That there‘ shall be one pat-‘ado annual-
ly in the month of May, for one day, by compa-
ny’; also one parade in the month of September
of‘ each year, for‘ not to exceed two successive
days, by company or regiment. _ _

SEC. 2. The commanding ocflicf of each com‘-
pany shall order the troops under his command
to parade in the month of May, in _each year, at
some proper time and place, and instruct them
in the use of arms‘ and discipline of war.’ The
commanding officer of each regiment, when he
shall deem it expedient, may, with the C0"-will
and approbation of the brigadier general, order
the troops under his command to parade by regi-
ment, in the month of September in each year,
at some proper time and place, for train'ing,‘dis-
cipline, inspection and review; and all orders
issued by the commanding officer of any _regI-
ment, for regimental parade, shall be published
at least thirt_v'days before such parade. And
whenever any regiment shallbe ordered out for
the purpose aforesaid, it shall he fheduty of the
brigadier general to review the same. And ‘If
not ordered out by regiment, it shall be the du-
ty of the commanding officer of each company to
assemble those of _his command at Come -proper
time and place in the month of Sepl_elI}be_l’. ENDU-
ally, for training, inspection and discipline.

SE0‘. 3. Every non-commissioned officer, mu-
sician and private ofany company. W110 §h3l1““'
necessarily neglect to appear at the time and
place appointed for any parade agreeably’ to the
provisions of this ac-t,cor having appeared. 511315
leave such parade without permission from the
co'm~m-andingoflicer before t e close of said pa-

and for defieircy in arms, ammunition and accou-
t-rem'ents,' at any such parade, he shall f0I‘feIl the
following sums, to wit :1 for deficiency_ of a gun’
or pair of pistols, each‘ one dollar and fifty cents;
of‘ a sabre or hanger, each;_ one dollar; and for
deficiency in any other article reqmred byl-aw.

A.

5,‘

P .
certificates so granted; and all such abatcments

town in which said building is situated, a c‘ertif- '

ra-de, shall forfeit and pay the sum of two dollars‘_

tyvenfy4five‘c'eiits;' and no horsemen who is de-
flcient of a h'or'se, shall be considered as ap-
pearing on parade. And if‘ any non-c.ommis-
sioired officer; musician or private in any com-
pany shall neglect to appear in the uniform of
such coinpaiiy, at any time when he ‘shall be re-
quii-cd to perform military duty, he shall forfeit
the sum of one dollar and fifty cents.

S c. 4. The certificate of the commanding of-
ficer of any company, if made under oath, shall
be evidence of any and all foi-f‘eitures' incuired by
the members of such company; and if any for-
failure im-i'i'ri"ed under’ this act shall not be paid
within ten days afterit shall have been incurred,
the commanding officer of the company may col-
lent the same in an action of debt, in his own
proper na:'n‘e,- and shall have process of attach-
ment and execution against the body of the de-
linquent, to he proceeded within all respects
as in actions of tort ; and all forteifui-es incur-
red under this act, when recovered, shall be ap-
pr'opriated to the bone.-‘it of the company.

SEC. 5. Every member of any company, shall
be holden as such for the term of‘ seven years,
unless disability after enlistment shall inc'ap'a-_
citate him to perform military duty, or he shall
be regularly discliarged by the proper officer ;
and every company existing. or that shall here-
after exist iindci- this act, shall consist of not
less than thirty or‘ more than one hundred and
fifty members. '

SEC. 6. Every company that shall conform to
the provisions of this act, shall be allowed out
of the treasury of the State the sum of fifty dol-
lars per annum, as rent t'or a suitable armory in
which‘ to preserve their arms and military equip-
ments, and as compensation for cleaning and
keeping in good repair the same; also the sum of
ten dollars for the storage of any field piece in
the hands ofany artillery company: and the
comptroller of the State shall draw an order for
such sum or sums,- on a certificate of a majority
of the sclectmen of the town where such armory
or field piece is located, that the same has been
kept for the year preceding. in a place devoted
to that purpose, and that no injury has arisen to
such property, by reason of any want of care and
attention, payable to the commanding officer of
the company, who shall have the charge and
care of such property. _ _

Sec. '7. Every officer and mus'ic'ian'. and every
member of any coinnanv, shall have deducted
and abated, by the collector of the state and
town taxes, his state and town ta:I'Ec's, if the
same do not exceed four dollars, and if tlioy
do, then the sum of four dollars therefi-o‘rn for
each year shall he conform to the provis-
ions of this fact. He shall also in like man-
ner have his poll tax abated for the time being.
And it shall be the duty of all commanding offi-
cers, annu.ill_v, on or before the first day of Oc-
tobcr, to grant certificates to every person in
their respective commands, who shall have so
conformcd to the provisions oftliis act : each of
said certificates shall'be conclusive evidence
that the person therein named has conformed to
the provisions of this act, as aforesaid. They

shall also, at the some time, make certified re-
ports to the treasurers of the towns where their
several members may reside, of the number of

of taxes, excepting that of the poll tax, shall be
deducted from the sum which such town would
otherwise be required to pay into the State treas-
ury. .
SEC. 8. The captain-general is hereby fully
authorized and cinpowei-ed lo dis-band any mili-
tary company or band, as the interest of the ini-
litia, in his opinion, may require; to discharge
commissioned, non-commissioned officers, and all

quircd by this act, or who, from iiicoinpefency,
or other cause, have failed to perform their duty;
to delegate to the major general and brigadicr
generals. the power to discharge officers and oth-
er persons, and generally to exercise all the pow-
ers lit-.ceSsItl'_\' to carry into full effect the provis-
ions of this act. ' _ A

SEC. 9. It shall be the duty of the‘ adjulant
general, to cause so much of the militia laws as
are not consistent with this act. together with
this act, to be printed in pamphlet for'm,:ind dis-
tribute one copy to each commissioned officer,
and also such explanations as he tn-a_v deem nec-
essary to carry into full effect the provisions of
this act, at the expense of the States

See, 10. All laws incoiisisant with the previ-
sions of this act are hereby repealed,

Approved, J une 24th. lS5'2.

.’ CHAPTER Lvm:
An Act in addition to “an Act concerning pris-

OHS.
Be it enacted by the Scizate and Itlouse of
Represeiitutivcs in General Assembly

convened : j _ j _
Sec". 1. ‘l'her'e shall be three directors of the
slateqprit.-‘tin appointed by the General Assembly,
for the period of three years 3 one of whom shall
be appointed each year ,
Sec. ‘.1. The state pi-iso‘n directors appointed
by this general assembly, shall be appointed for
the terms‘ of one, two and three years ; and the
length of the term of each director shall be de-
termined by lot, at their first q‘uai-'te'rly meeting.
Ssc. 3. All acts and parts of acts inconsist-
ent with the provisions of this act, are hereby
repealed. ' Approved, June 18th, 1852.

c'x~IAI'>Ti-:11 Lix.

An Act for the safe lceepirig and preservation o
probate records. _

Be it enacted by the Sciiate and House of

Represciitalives in General Assembly

convened: . ,

The select men‘ of any._to-mi composing a pro-
bate district, and in dose any such district is
composed of more than one tow n. then the S€leC_l-
men of the sevct-al_towns composing such_dis-
tricf, shall,» ti-‘omtime to time as may be required,-
provide suitable record books for the courts of
probate of such districts, and shall also provide
tire proof safes, or fire proof’ buildings, for the
safe keeping‘ and preservation of the records of
the courts,ot probate of such districts; the ex-

cnse and costs of the record books, safes and
buildings aforesaid, shal1_be paid by the town
composing such district, and in case any such
disttiét be composed ofmore than‘ one town, then
such expense and costs, shall be.pai_d by the sev-
eral towns composing such district, in propoi-fion
to the last assessinciit of such towns respectively.-

Approved, June 25th, 1852.-

f

. CHAPTER 1.x. '
An Act in addition to “an Act relating to fail-
. road companies.” -
Be it enacted by the Senate dml I-Ious-‘e qf
.Reprcs‘entatz'ves. in General A Assembly

convened: _

Thgi wlienever the sclecfmeu of any _tovvii, or
lhe mayor and alder-men of any city, in which
any railroad c‘or'poration‘ has lo'cated and con-
structed its railroad track across any tu'rr.pil_te.,
highway or public street, upon a level Wlth‘
said tuirnpike, bigliway or‘ street, shall make-
a written request to the commissioners of said
railroad, to make an examination of any such
crossing, it shall be the duty of said commis-
sinners to make such examination; and if in
the opinion of said commissioners, the safety and
interests oftlre ptfblic require it, said railroad
corporation shall erect and maintain agate across
said turnpike, highway or street, at such cros-
sing,,and provide an agent to open and close the
~A-p'p‘roVed, June 28th, 1852.

Samfir
‘ cmuenzn mu. - j _
An Act.’ in addifioii to ‘an Act relating to railroad

, companies.’
Be it enacted by the Senate‘ and Ilouse of
Representatives in General Asscrizbly
convened!

other persons who have pcrfoi-incd the duty re- -

and mai'nta_iir good and sufficient fences. on one
or both sides of their road, whet-evcr'the' same‘
runs within the limits ofany public highway, or
turnpike i‘q'ati.ox‘-‘ adjoining thereto-,_ vvhenev'e1-
the commissioners of such road shall order the
,same, and within the time limited bythe said
commissioners; and it shall be the duty oftlie
c‘ornn.i.~isioners on any 1"-ail-road',~ to examine‘
opd inquire info the necessity for the coi'i‘sti'Lfc(-
fion or repair of any fence or fences on any part:
ofsaid road as aforesaid, when thcrcunto reques-
ted in writing by the eelcctmen of -.:ny_town,-or’
the mayor ofany city; and any i‘ail_i-oad corrupti-
ny neglecting or refusing to comply with the or’-
der of said commissioners, within the‘ time lim-
ited by them, shall forfeit and pay the sum of
one hundi-cd dollars for each and every day be-'
yond fhe time so ‘limited, until said fence or f'c‘n‘-
ces shall be c'on,st1-bctcd or repaired to the‘ ac‘-
cepfance of said commissioners, one half to him‘
vvho shall prosecufefo effect, and the other half
to the treasurer of the slate.

Approved, June 28th, 1852‘.

CHAPTER’ r.~::11.- - _. ,

An Act in addition to An Act. entitled “ an‘ Act

relating to Railroad Companies." .

Be it enacted by the Senate and House of

Reprcseiztat-ices in General Assembly
coiivcnecl : _ _‘ V

SEC. I. No‘ person shall be entitled «to vote at
any meeting of the stockholders of- any railroad
co. in this state’, by virtue of any proxy or power
of attorney, unless the same shall have‘ been‘ ex-
ecuted within twelve months immediafclyprc-
ceding such meeting; and no such proxy or
powcrofattorney,sliall be used at more than
one annual meeting of said stockholders.

SEC. 21. No president, treasurer‘ or sci-i‘efai"_v’
of any railroad company in this state,-shall be
allowed to vote in the election of directors for
such railroad company, upon any other slo'ck
but his own; nor shall any pucsident. treasurer
orsecretary request or solicit airy sto‘ckholdcr to
make to any pcrson_whatevcr, a p0Y’i'el‘>0l'all0i'l1ej'
to vote upon the stock in such railroad company,
andno person shall be allowed to vote by virtue
of any power so obtainrd; and any person who
shnll violate the provisions of this section, shall
be disqualified from holding any ofiice in said
railroad company, for the term of one year there-
after.

Approved, June 29tb,1S5‘.!.

, CllAP'l‘1-ZR Lxm.
An Act relating to the registration of births,
__ _ marriages and deaths.

Be it endctcd by the Scndtc and IIous'c of
Rc17reS€72l(tff1‘eS in General Assembly eon-renccl .-

Sizc. 1. That every town shall at its every
annual meeting appoint a registrar‘. ' _

Si-20.52. Every registrar shall make‘ oath or
a;"f'ii-ination, that he will faithfully perform the
duties of his office. He shall ascertain as ac-
curately as he can, by actual enquiry or in such
manner as is liei’eina!'ter provide-d, all the births,
inarriiiges and deaths, occurring in his- town;
and shall make record oftlie same in a book or
books kept by him for that purpose, in such for '1]
and with such particulars relating to such births._
marriages and deaths, as the ensuing sections of
this act re.q‘uire. 

SEC. 3. His re'c:o‘i'°_d of births shall state. in‘
separ.-ite columns the date of each birth, the
cliild‘s name if it have any, its sex. the names,
ages, color and residence ofits parents, and the
occiipatioii of its father.

Sec. 4. His record of mart-iages shall state,
in separate columns, the date of each marriage
solemnized in each town, the name, pge, C0lul',
occupation and birtliplace of each of the parties;
the residence of each prior to. and at the time
of inzii-i-iiige ; the condition of each, (wlicther
single or widowed.) iininediately prior to the
marriage;‘ and the name of the minister or

iiiarriage.

Size. 5. His re‘c'ord of deaths shall state, in
separate columns, the date of each death, the
disease or other cause producing such death;
the name, age, color. sex, birthplace, last occu-
potion, residence and condition (whether single.
married or widowed.) of the deceased. ‘

SEC. 6. Every registrar shall airiend his
records fi-om time to time, as he may discover

' omissions or mistakes therein; and annually on

or before the 25t.li day of Janu‘ai'y. after lzaving
made his records as nearly perfect as by diligent
enquiry be can do. he shall send the .\.'ec1'etary
of State iin abstract of said records for the your
next. procediiig such the first day of said Jun-
nary; which abstract: shall be made in such
form as shall be prescribed by said secretary,
and shall be duly attested by said registrar.

Sec. '7. Every physician or midwife, who
shall have professiom'il clia_'i-ge of the mother at
the birth cfany child, and any nurse or other
attendant who may act as iiiida-ife at such it
time in a case where no physician or midwife
is employed, shall, within one month after such
birth, fui-nish to the registrar of the town where-
in such bit-tli may have taken place.a certificate
signed by such physician, midwife. nurse or
other attendant, stating from the best informa-
tion ivliich the signer of said certificate can ob-
tain, the date of such birth. the cliild’s name if
it have any. its sex, the names, ages, color and
residence of its parents,- and the occupation of
its father.

SEC. 8. Every ,iiiiniste'r and magisti-ate‘ shall
keep a. record of all marriages soleinnized be-
fore "him, and of all the facts relating to every
such n'1arriage,- i'equired by the 4th "section of
this act. a ud every _snch minister and magistrate,
shall, within the first week of each calender
month, return a copy of his said record for the
month next preceding, to the‘ registrar of the
town in which the njarriages recorded in any
such record. may have been solemnized.

Sec. 9. Every sexton or person having. c'lii‘tr'ge
of any public or private‘ burying place, shall,
during the first week of each calendar month
deliver to the" registrar of the town in which
such burial place is situated, a list of the names
and dates of burial of the persons buried in such
burial place during the month next preceding.-

Suc. Hi.‘ The p'bysiciiiii who shall attend any
deceased person shall leave a certificate con-
taining all the particulars relating to said do-
ceased, required by the 8th section of this act,
within ten days after the interment of the dc-
ceased; and i_n case no physician shall attend
said deceirsed. their it shall be the duty of the
nearest of kin to procure fl certificate from some
other physician -or substantial irrliabitaiit, con-
taining such lllf9l'n1‘2lllp‘t);- and it shall be the’
duty of said irearest: of bin, to‘ leave the certifi-
cafe with the town registrar within fifteen days
tbei eafter. Any such attending physician. who
shall neglect or refuse to give the certificate re-
quired by this section, shall, for such offence,
pay a fine often dollars.-to the use of the town
wbere'insnch 0fl'enc‘e' shall be committed.

Size. 11. No person shall take‘ the body of
any deceased person out of the town wherein
such deceased person died, witliont: havingfii-st
left with the registrar of that town-,-a ceiitificate

in section tenth of this act. And it shall be the

‘duty ot the registrar to give it perm='it for the

l'ul])'0V1tl of such body, when the above condi-
tions are complied with.

That every railroad c‘om‘p-any, Which’ ha”! 5'96“

.-'5 - 

. qr sh-:ilil)h<:reatter‘be i‘ncorporated,- €liall- construct

magistrate by whom the parties are joined in

similar in all pa_i-ticulars to the one‘ prescribed .

Size. 12. Every-certificate given‘ pursuant to;
sections 10 and 1-1 of this cot},-shell be ‘in the P

following form: _ _ __
I eel-tifv, from the‘-best.infbrma fiat! which I

can obtain, that _ died at , on
the day of A. D. 18' , aged years
months‘, and days; Sex E Condition ;-

born in ; residence at the‘ time‘ ofdeatll

;- disease or cause of death 5
occupation" a _ color’. Dated at
this day of A. D. T8‘ '

Attending physician. [Physician or inhabitant
of said town, as the case may be. ‘ ’ f_
SEC. 13. Tire‘ i-egistrai‘ of each‘ town, shrill
distribute in such town, to all persons‘. who in
his judgment are likely to need thesame, blaiilc
forms for the certificate and returns reqdiré
by this act. And it shall be his duty to deposit
with the town clerk, a true copy of the recolr
forwarded annually to the secretary of state. ‘
SEC. 14. The regist.'rtir of each form shall

' receive from its treasury, for ascertaining am

recording in’ manner aforesaid, each birth. ten
c‘euts;‘- each mart-iage,3 ten cents;? and each
death ten cents; and for making and sending
to the secretai-y of state the annual abstract
aforesaid, two dollars. ' ' ‘ ' '

 15. If the reg.ist‘.ri’tt' of’ any town did
or resign during his term of office, the select-
men of that town, shall, without unnecessary
delay, appoint another i‘e'gistrai‘ in his place.

SEC. 16. The returns required by section
6 of this act to be made in January 1854, shall
include the births, marriages and deaths which
have occui-‘i-ed between the first day of October
1852, and the first. day of January 1853, in ad-
dition to those of the year 1853.

SEC. 1'7. The secretary of the state‘ shall
annually prepai-e and furnish to the registrars
of the several towns, a sufficient number-of
blank forms for all the certificates and returns
required by this act; shall accompany the
same with such ins‘tru‘ctions and explanations
as he may think necessary; shall receive said
ieturns, and prepare, or cause to be ‘prepared
therefrom. such tabular statements as will ren-
dertbem of practical utility, and exhibit their
results in convenient form: and shall make
report thereof, annually to the General Assem
bly; and generally he shall do whatever may
be necessary to in 'ry into effect this act.

SEC. 18. Every person who shall violate
any provisi'o‘n of this act, shall pay for every
such offence, a fine of ten dollars to the use of
the town wherein such offence is committed. '

Size. 19. Sections 51, 52’, 53, 54 and 55 of
the -‘Act concerning Communities and Corpo-
rations," and-"An act: in addition to and alcove‘-
tion of" said last named act, approved June 2153
1850, are hereby repealed. '

Approved, June 28th, 1852.

cimP'r'i-:3‘. Lxiv. , .
An act in addition to “ an act relating to Sala-
ries and Fees.”
_ Be it enacted-by the Senate and ffouse of
Rcprescntati-ves in General Assembly convened:

That in cases in wliich any judge of the su-
perior court, shall on application of any railroad
company, brought before him as such judge,
either by law or under their charter, appoint
three appraisers to assess damages ncc'ordi_ng
to such iipplicittiorf, he shall be entitled to tax
as fees foi- such appointment to be paid by nucli
company, the sum of five dollars for any single
case for such appointment. and the sum of two
dolfai-s for each case of appointment, where
more than one such case is at the same time
brought before him; and also in all cases his
actual traveling expenses in attending to his
duties as such judge in such cases.

Approved, June 29th, 1852.

. cu'Af'1*Ei1 Lxv.
An‘ act i‘-elating to Steamboats and Vessels.

Be it enacted bythc Senate and House of _

Beprcseizlalivcs in General Assembly convened 1

That whenever any passenger shall be separa-

ted from his baggage by the regulations of any

steamboat company, or by the orders of the
captain ofany steamboat or steamboats, or oth-
er vessels carrying passengers, said company
or captain shall give to such passengera receipt,__
or check for his baggage at the time of receiv- ,
ing it, unless such passenger shall waive the
right to such receipt oi-‘check, and every com‘-
pany or captain who shall not give such receipt
ci- check as iifoi-esaid. shall pay to the person
wliose-baggage is so received, the sum of ten.
dollars, which may be recovered in an action
of debt.
Approved, June 17th, 1852.
coal"-'r'i-in Lxvt.

An act in addition to and in ulte‘_t"a'lldf1' of an
act entitled “an act_ for the assessment and
collection of Taxes.” , ‘
Be it emzctecl by the same and House qf

Reprcsentat-ices in General Assembly convened 3
SEC. 1. The ti'easui'ers‘of the several sa-

v'i rigs banks and saving associations established

in-this State, shall, on the tenth day of July,

1852, and annually thereafter, on the first day"

of July, or within ten days thereafter, make

out, n‘ndei- oath, and deliver to the Comptroller‘
of public -accounts,-of statement of the total
amount of all deposits _in said institutions on

that day‘; and shall, at the'san‘ie time pay to ~

the treasurer of this state, for the‘ use of the
state, a‘ sum equal to one-eight of one per‘
cent. upon the total deposits in their respective
institutions on that day, which shall be in lieu
of all other taxes upon such institutions or do-
positors therein, after the time aforesaid.

Sliffa 2. The casliiers of the several ban ‘ft,
the clerks or secretaries of the several insu-
rance companies and turnpike companies. an
of other companies and associations established
in this State, the stock of which is liable‘ to‘ be
taxed, shall, on or before the twentieth day of

October in each year. pay, or cause to be paid '

to the treasurer of the state, ii sum ‘equal to
one half of one per cent of the the ‘value of
all the stock of their respective institutions.-

owned or held on the" first (lily of October.‘ by’ -

persons residing out of this state, -accordin‘ to
the list made out in accordance with the 9th
section of the act to which this is in addition to

andalteration of; and ‘each of said institution! ‘
shall hav_e a lien upon the stock of suchnon-res‘-= ’

ident stockholder‘ for the reimb‘urse'uten1 of said
sum so required to be paid:' and if any such
casliier, secretary, clerk or treasurer‘ shall not
comply with the provisions of the said 19th
section of l§lT8_€3flld act of which this act is an
addition to and alteration of. then such cashier
secrotary, clerk or treasurer, shall forfeit to the
tréasurei-of the state, for the use‘ of the state,

one hundred dollars in addition to tl_1e‘ltaX-_t,ci_l);‘s A
recovered in the name of the treasurer.-by ac-‘ "

being efiér » ‘

tiori on this statute.

Size. 3. Whenever any poi-son‘,
owner oi- holder of any stock in any bank, insu-
rance‘, turnpike or bridge company, or being

owner or holden-of any stock in any other 

company or association, which stock is subject:
to taxation in this state, (with or without,inten$-
to evade the payment of the‘ taxes ofjsuclr
stock, or to‘ procure‘ the‘ score to be assessed or‘
taxed in any other town tbantliat in which;
.esides,) repi-ese‘nt or cause to be represent‘ ‘
. - . ...... _;- ,:.':':.:_Q_

$31"

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