28

Provifo.

To grant pardon.

Not to be diffolved without, &c.

Power to call fpecial affem

bly.

Penalty for

revealing fe

crets, iol.

No member

to appear as attorney.

Free from arrefts, &c.

Towns liberty to fend one

or two deputies.

Courts.

and for juft Cause, may fine, displace or remove them, or deal otherwife as the Nature of the Caufe fhall require; and alfo may deal and act in any other Matter that concerns the Good of this State; except the Election of Governor, Lieutenant-Governor, Affiftants or Counsellors; which shall be done by the Votes of the Freemen, at the yearly Court of Election.

Provided, That if there be any want of any of the faid Officers, by Reason of Death or otherways, after the Election, fuch Want fhall or may be fupplied and made up by the General Court's Election, or appointing fome fuitable Perfon or Perfons to fupply fuch Vacancy.'

That the General Court only, hall have Power, upon Grounds to them fatisfying, to grant Pardons, Sufpenfions and Gaol-Delivery upon Reprieve in capital and criminal Cafes, unto any Person or Perfons that have been sentenced in any other Court whatever in this State.

That none of our General Courts fhall be diffolved or prorogued without the Confent of the major Part thereof.

That the Governor, or in his Abfence the Lieutenant-Governor, by himfelf, or the Secretary, fhall upon any emergent or fpecial Occafion, call a General Court upon fourteen Days Warning, or lefs, if he fee it needful; provided, he give an Account thereof to the Affembly when they fhall be met together.

That if any Member of the General Court, fhall reveal or disclose any Matter which the Court enjoins to be kept fecret; or fhall make known to any Perfon what any one Member of the Court fpeaks concerning any Perfon, or Bufinefs that may come in Agitation in the Court, he fhall for every such Offence, forfeit Ten Pounds to the public Treasury.

That no Member of the General Court fhall appear as an Attorney at the Bar of the faid Court; unless it be in his own Cause, or in Behalf of the Town he represents; or fuch Cafes wherein the Law will not allow him to fit as Judge.

Nor fhall any Member of the said Court, during the Seffions thereof, or in going to, or from the faid Court, be arrested, fued or imprifoned, or any ways molested or troubled, or compelled to anfwer to any Suit, Bill, Plaint, Declaration or otherwife, before any other Court, Judge, or Juftice; Cafes of High-Treafon and Felony excepted.

And that the Freemen in every Town in this State, fhall have Liberty to fend one, or two Deputies to every Seffion of the General Affembly; which Deputies fhall have the Power and Voices of all the Freemen deputing them in any Matter proper for faid Affembly to at in.

That the Deputies or Reprefentatives, who are returned from the refpective Towns to serve in the General Affembly in May, annually, fhall meet Deputies to meet on elec- at their Chamber in the State-Houfe, at eight of the Clock in the Morning tion day at 8 on the faid Day of Election; when and where they shall choose a Speaker and Clerk for their House, for that Seffion; and do any other Matter proper and meet for them to act, before the public Service, and Election on faid Day. And that the faid Deputies returned to ferve in the General Affembly in October, annually, fhall meet at the State-Houfe in New-Haven, at nine of the Clock in the Morning, on the fecond Thursday of October, and proceed to form the House, as abovesaid.

o'clock, and chuse speaker and clerk.

In October at 9 o'clock.

Right to determine the election of their own members.

Deputy muft

be a freeman, & regularly

chofen.

And when the faid Deputies or Reprefentatives are met together at any General Affembly, it fhall be lawful for them, or the major Part prefent, to examine, hear, and determine any Difference that may arife about the Election of any of their Members.

And that no Perfon fhall be accepted a Deputy in the General Court, that is not known to be a Freeman of this State, and regularly chofen thereunto by the Freenien of that Town for whom he ferves; nor before he takes the Deputy's Oath by Law provided to be adminiftred to them.

That at the opening of every General Affembly, the Clerk of the Houf

of

Abfence to be

daily noted.

of Representatives, then, and every Morning, from Day to Day during the whole Seffions, fhall in the Lower-Houfe, call over the Names of the several Deputies or Reprefentatives of the refpective Towns in this State, returned to serve as aforefaid, and note thofe that are abfent when called. And the Governor, or in his Abfence the Lieutenant-Governor, fhall have a cafting Voice, whenever an equi-vote fhall happen in the Upper- fpeaker to House: And the Speaker fhall have a cafting Voice whenever an equi- voice, &c. vote fhall happen in the Lower-Houfe.

Governor &

Powers of

Be it further enacted by the Authority aforefaid, That there fhall be a Superior Court of Judicature over this State, held and kept annually, at the respective Times and Places hereafter in this A&t mentioned, by one Chief fuperior Judge, and four other Judges; to be appointed and commiffioned for that court. Purpose: Any Three of whom fhall have Power to hold faid Court: Which Court fhall have Cognizance of all Pleas of a criminal Nature, that relate to Life, Limb or Banishment, and other high Crimes and Misdemeanors, and of Divorce, and of Adultery; and also fhall have Cognizance of all Pleas, real, perfonal or mixt, in civil Caufes or Actions, between Party and Party, whether the fame do concern the Reality, and relate to any right of Freehold or Inheritance; or whether the fame do concern the Perfonality, and relate to Matters of Debt, Contract, Damage, or any other personal Right or Injury; or whether the fame do concern and relate both to the Reality and Perfonality, and are of a mixt Nature, brought before them by Appeal, Writ of Error, Scire Facias, Complaint or otherwise, as the Law directs; and the fame to try by a Jury or otherwife, according to Law; and therein to proceed to Judgment, and award Execution thereon accordingly.

And alfo fhall have Jurifdiction of all Suits for Relief in Equity, wherein the Value of the Matter or Thing in Demand exceeds the sum of One Hundred Pounds; and to enquire into the fame by themselves or a Committee; and proceed therein to final Sentence and Decree, and enforce the fame according to the Rules of Equity.

That the Times and Places for holding the faid Superior Court of Judicature, fhall be as follows, That is to fay;

Within and for the County of Litchfield, at Litchfield, on the first Tuesday in February and Auguft, annually.

Within and for the County of Fairfield at Fairfield, on the laft Tuesday fave Two, in February and Auguft, annually.

Jurifdiction of matters of equity.

Times and places of feffions.

AtLitchfield.

Fairfield.

New-Haven.

Within and for the County of New-Haven, at New Haven, on the last Tuesday fave One, in February and August, annually.

Within and for the County of Hartford, at Hartford, on the first Tuesday in March and September, annually.

Hartford.

Within and for the County of Windham, at Windham, on the third Tuef- Windham. day in September and March, annually.

And within and for the County of New London, at Norwich, on the fourth Tuesday in March, and at New London on the fourth Tuesday in September, annually.

And the Chief Judge, or in his Abfence any Three of the other Judges, fhall be, and they are hereby impowered to call a Special Superior Court, upon any extraordinary Occafion.

And when it fhall fo happen, that the faid Court cannot conveniently be held at the Time or Place appointed, any three of the Judges fhall have Power to adjourn it, to any other Time or Place within the County; or may continue the Matters therein depending, to the next ftated Term; giving Notice thereof to the Sheriff in Writing under their Hands; who fhall proclaim and publish the fame, in fuch Manner as the faid Judges fhall direct.

That

Three judges of the fuperior ered to adcourt,impowjourn, &c.

30

To call in affiftants.

One Judge

and adjourn.

Courts.

That when, and fo often as it fhall happen, that by Reason of the neceffary Absence of, or juft Exception against any of the Judges of the faid Superior Court, there fhall not be a fufficient Number of them to hold faid Court, to try any Caufe, the fame shall be supplied by any of the Affiftants of this State.

That any one of the Judges of faid Court, being at the Place and Time power to open for opening faid Court, fhall have full Power to open and adjourn the fame. And that if all the Judges of faid Court fhall be providentially hindred, or shall not be there at the Time for opening faid Court, the Sheriff of the County fhall, and he is hereby impowered to adjourn the faid Court by Proclamation to the next Day, till the Judges may arrive at the Place. Which Adjournments fhall be good and effectual; and all Parties concerned in faid Court are to take Notice accordingly..

Sheriff power to adjourn.

Judges power

to appoint a clerk, &c.

County

courts, their powers, &c.

Jurifdiction

of matters of equity.

To tax.

When and where held.

Hartford.

New-Haven.

That the Judges of faid Court fhall have full Power to appoint and fwear a Clerk for faid Court, who fhall be, and he is hereby fully impowered to grant Executions on Judgments rendered in faid Court, to act and do all things proper for him as Clerk of faid Court in the Execution of his Office, according to the Rules, Orders and Directions of faid Court, and according to Law.

Be it further enacted by the Authority aforefaid, That there fhall be held and kept in each refpective County in this State, yearly, and every Year, at the Times and Places hereafter in this Act mentioned, two Courts of Common Pleas or County Courts, by a Judge with two or more Juftices of the Quorum, to be appointed and commiffioned for that Purpose; any three of whom fhall have Power to hold faid Court, which Court thall have full Power to hear, examine, try and determine, by a Jury or otherwife, according to Law, all civil Caufes, real, perfonal or mixt; and alfo all criminal Matters, not extending to Life, Limb, Banishment, Adultery or Divorce, regularly brought before them.

And alfo, all Suits for Relief in Equity, wherein the Matter or Thing in Demand does not exceed the Sum of One Hundred Pounds, and proceed therein to a final Sentence and Decree, and enforce the fame according to the Rules of Equity.

And the faid County Courts or Courts of Common Pleas in each County, and the Grand-jurors there prefent, fhall alfo have Power and Authority, and they are hereby impowered to grant and levy a Tax annually, as the Neceffity of the Cafe may require, upon each Town in the faid County, according to the Lifts of Eftate for fuch Year, for the paying thofe Debts of the County or neceffary Charges thereof which cannot be paid out of the Fines and Perquifives allotted for that End.

That the Times and Places for holding the faid County Courts within the feveral and refpective Counties, fhall be as follows: That is to say;

For the County of Hartford, at Hartford, on the first Tuesday in April and November, annually.

For the County of New-Haven, at New-Haven, on the first Tuesday in April, and the second Tuesday in November, annually.

For the County of New-London, at New-London, on the second Tuesday New-London in June, and at Norwich, the fourth Tuesday in November, annually. For the County of Fairfield, at Fairfield, on the third Tuesday in April and November, annually.

Fairfield.

Windham.

Litchfield.

To call fpeci

al court.

For the County of Windham, at Windham, on the third Tuesday in June, and the fecond Tuesday in December, annually.

And for the County of Litchfield, at Litchfield, on the fourth Tuesday in March and September, annually.

That the Judge of each refpective County Court fhall be, and he is hereby impowered to call a fpecial County Court upon any extraordinary Occafion.

That

That the Judge and Juftices of each respective County Court, fhall be, Power to and they are hereby impowered to adjourn the faid Court upon any neceffa- adjourn. ry Occafion, as they fhall fee Cause, to fome diftant Time.

And the Judges of the County Court in New-London County, fhall have Liberty to adjourn to and hold their adjourned Courts either in the Town of New-London or Norwich, as they fhall judge convenient.

New-London county may

adjourn to

New-London

or Norwich.

And that when, and fo often as it fhall happen, that by Reafon of the neceffary Absence of, or juft Exception against the Judge or any of the JufJuftices may tices of the Quorum in any County, there fhall not be a fufficient Number be called on of them to hold fuch Court, or try any Caule, the Quorum fhall be fuppli- to make a ed by any of the Juftices of the Peace of that County to which the Court belongs.

quotum.

clerk and

And the faid County Courts are hereby impowered to nominate, appoint To appoint and swear their own Clerks and a Treasurer for their refpective Counties. treasurer. Which Clerks, fo appointed and fworn, shall be, and they respectively are hereby impowered to grant Attachments, Summonfes, and Replevins Clerks to be according to Law: Alfo to grant Executions on Judgments rendered in fworn-their faid Courts on which Executions are to be iffued; and to act and do all power, &c. other Matters and Things according to the Orders and Directions of faid Courts, proper for them in the Execution of faid Office, and according to Law.

Be it further enacted by the Authority aforefaid, That the chief Judge or Prefident for the Time being of the Superior Court, and the Judge or Prefident for the Time being of the County Courts, whenever an Equi-vote fhall fall out in either of the faid Courts, fhall refpectively have a cafting Voice. The like Power and Authority every Prefident or Moderator, in any civil Court, Meeting or Affembly in this State, fhall exercife in fuch Cafes.

Chief judge, cafting voice.

&c. to have a

Courts of probate inftituted-to

have a clerk,

And be it further enacted by the Authority aforefaid, That there fhall be a Court of Probate held and kept in each of the feveral Diftricts hereafter mentioned, to be held by one Judge to be appointed and commiffioned for that Purpose: Each of which Judges fhall have a Clerk, by him to be appointed and fworn to the Office: Which Courts of Probate fhall have the Power and Cognizance of the Probate of Wills and Teftaments, granting Jurifdiction. Administration, appointing and allowing of Guardians, and of acting in all teftamentary and probate Matters, and in every other Thing proper for a Court of Probate to act in according to Law.

That the Districts of the feveral Courts of Probate fhall be as follows: Several difThat is to say;

That the Towns of Hartford, Windfor, Wethersfield, and Suffield, fhall be one District, and called by the Name of the District of Hartford.

That the Towns of New-Haven, Milford, Derby and Woodbridge, fhall be one District, and called by the Name of the District of New-Haven. That the Towns of New-London and Lyme, fhall be one District, and called by the Name of the District of New-London.

tricts.

Hartford.

New-Haven.

New-London

Fairfield.

That the Towns of Fairfield and Norwalk, fhall be one District, and called by the Name of the District of Fairfield.

That the Towns of Windham, Lebanon, Mansfield and Coventry, shall be one District, and called by the Name of the District of Windham.

Windham.

That the Towns of Guilford and Branford, fhall be one District, and called by the Name of the District of Guilford.

That the Towns of Plainfield, Cant.rbury, Killingly and Voluntown, (except the two north Societies in Killingly) fhall be one Diftrict, and called Plainfield. by the Name of the District of Plainfield.

Guilford.

That the Towns of Woodbury, New-Milford, and the Society of Judea in the Town of Washington, fhall be one District, and called by the Name of the District of Woodbury.

Woodbury.

That

That the Towns of Eaft-Haddam, Colchester, Hebron, and that Part of ChaEaft Haddam tham fouth of Salmon-river, shall be one District, by the Name of the Dif trict of Eaft-Haddam.

Litchfield.

Stanford. Danbury.

Norwich.

That the Towns of Litchfield, Gofben, Torrington, Cornwell, Harwinton, the Society of Eaft-Greenwich in Kent, and the Town of Washington, (except the Society of Judea) fhall be one Diftrict, by the Name of the District of Litchfield.

That the Towns of Stanford and Greenwich, fhall be one District by the Name of the District of Stanford.

That the Towns of Danbury, Redding, Newtown, Ridgefield and NewFairfield, fhall be one District, by the Name of the District of Danbury.

That the Towns of Norwich and Prefton, fhall be one District, by the Name of the District of Norwich.

That the Towns of Middletown, Haddam, Durham and Chatham (except Middletown. that Part fouth of Salmon-river) fhall be one District, by the Name of the District of Middletown.

Pomphret.

Sharon.

Stafford.

Symfbury.

Stonington.

Farmington.

Wallingford.

Say-Brook.
Stratford.

That the Towns of Pompbret, Ashford, and Woodstock, Society of Mortlake, and the two north Societies in the Town of Killingly, fhall be one Diftrict, by the Name of the District of Pomphret.

That the Towns of Sharon, Salisbury, Canaan, and the firft Society in the Town of Kent, including the Lands on the weft Side of Oufatunnuck-river annexed to faid Kent, fhall be one District, by the Name of the District of Sharon.

That the Towns of Stafford, Tolland, Willington, Somers, Union, and the eaft Part of the Society of Ellington in the Town of Eaft-Windfor, extending as far West as the weft Line of Tolland, fhall be one District, by the Name of the District of Stafford.

That the Towns of Symfbury, Berkhempfted and Hartland, shall be one Dif trict, by the Name of the District of Symbury.

That the Towns of Stonington and Groton, fhall be one District, by the Name of the District of Stonington.

That the Towns of Farmington, Southington and New-Hartford, fhall be one District, by the Name of the District of Farmington.

That the Towns of Wallingford, Cheshire, and the Society of Norford in the Town of Branford, shall be one District, by the Name of the District of Wallingford.

That the Towns of Say-Brook and Killingworth, fhall be one District, by the Name of the District of Say-Brook.

That the Town of Stratford, fhall be one District, by the Name of the District of Stratford.

That the Town of Eaft-Windfor, (except that Part of the Society of Ellington lying Eaft of a meridian Line drawn from the north-west Corner of EaftWindfor. Tolland) the Towns of Glaffenbury, Enfield, Bolton, and Eaft-Hartford, thall be one District, by the Name of the District of East-Windfor.

Waterbury.

Norfolk.

Courts to be

That the Towns of Waterbury and Watertown, fhall be one District, by the Name of the District Waterbury.

That the Towns of Norfolk, Colebrook and Winchester, fhall be one Dif trict, by the Name of the District of Norfolk.

In each of which Districts fhall be kept and held, a Court of Probate, as aforefaid.

That the Judges of the feveral Courts of Probate aforefaid, fhall have Feld in any Liberty and Power, and the fame is hereby given them, to hold their faid Courts in any of the Towns within the refpective Diftricts to which they are or fhall be appointed.

town within the district.

Judge may

call in juftices to affift.

And that fo often as any difficult or difputable Matter, happen in any Cafe depending before any of the Judges of the Court of Probate, fuch Judge hall have Liberty and Power to call in to his Affiftance, any two or

three