: Witnesses. An Act relating to Witnesses, and taking Affidavits out of Court. 263 FORAS MUCH as it is neceffary that Witnesses in Civil Causes be sworn out of Court, when by Reason of their going to Sea, living more than twenty Miles Preamble. distant from the Place where the Caufe is to be tried, Age, Sickness, or bodily Infirmity, they are rendered incapable of Travel, and of appearing at Court.. To the Intent therefore, that all Witnesses may impartially and indifferently testify their certain Knowledge, and the whole Truth in the Cause they are to speak unto; Affidavits BE it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the same, That for either of the Reasons when to be aforesaid, and not otherwise, every Assistant or Justice of the Peace may take taken out of Affidavits out of Court, so as a Notification, with reasonable Time, be first court. made out and delivered to the adverse Party (if within twenty Miles of the Place) or left at the Place of his Dwelling, or ufsual Abode, to be present at the Time of taking such Affidavit, if he think fit. be cautioned. And every fuch Witness shall be carefully examined, and cautioned to testify the whole Truth; and being sworn, the Afsistant or Justice shall Witnesses to attest the fame, with the Day, Month, and Year of the taking thereof; and that the adverse Party was present, (if so) or that a Notification was sent him, and shall seal up the Testimony and deliver it to the Party, (if defired) at whose Request it was taken. And no Person interested, shall write or draw up the Testimony of any Witness in such Cause, nor any Attorney in his Client's Cause: And if it manifestly appear any Testimony to be written or drawn up by any interested, or the Attorney in the Cause, or be returned from any Assistant or Justice of the Peace, by other Hand than his own, into the Court where the same is to be used, unsealed ; or the Seal having been broke up: All fuch Testimonies shall be rejected by the Court, and be utterly void, and of none Effect in Law. That every Assistant and Justice of the Peace shall be, and is hereby impowered, upon Request to him made, to grant Summons for the Appearance of any Witress before him in any civil Cause, where such Witness is bound to Sea, or travelling out of the State, before the Time of Trial; and to take his Deposition in such Cause, the adverse Party being present, or Notification sent him, as aforesaid. Affidavits not to be drawn by persons interested. Witnesses bound out of the state, their depofitions to be taken, &c. Provided nevertheless, That Witnesses to Bonds, Specialties, Letters of Attorney, and other Instruments in Writing under the Hand of the Party executing the same; or to Accounts or Testimonies relating to Persons out Proviso. of this State, or to be sent beyond Sea, may be sworn without fuch Notification, as aforesaid. That if any Person or Persons, upon whom any lawful Process or Summons shall be served to testify, depose or give Evidence concerning any Cause or Matter depending in any Court in this State, and having tendered to him or them such reasonable Sum or Sums of Money, for his or their Costs and Charges, as having Respect to the Distance of the Places is ne⚫ cessary to be allowed, as the Law requires in that behalf, do not appear according to the Tenor of the Process or Summons, having no lawful or reasonable Lett or Impediment to the contrary; that then the Party so making Default, shall for every such Offence, loose and forfeit Thirty Shillings, and shall yield such further Recompence to the Party aggrieved, according to the Loss and Hindrance that he shall sustain by Reason of the Nonappearance of the said Witness or Witnesses: The said several Sums to be recovered by the Party so grieved, against the Offender or Offenders, by Action, Bill, Plaint or Information in any Court of Record. Be Penalty. 264 No person to be put to Wrecks of Sea. Be it further enacted by the Authority aforesaid, That no Person for any Fact committed, shall be put to Death but by the Testimony of two or death, except three Witnesses, or that which is equivalent. &c. Witnesses to wills may be fworn before an afsistant or That all Executors of Wills within this State, shall have Liberty to have the Witnesses to such Wills, examined and sworn in the usual Form, before the next Affistant or Justice of the Peace: Which Assistant or Justice shall enter the Oaths of the Witnesses on the Back-side of the Will, and attest the justice of the farne: And the Oaths of the Witnesses so taken, shall be accepted by the Court of Probate, as if they had been taken before the said Court. peace, &c. Upon discovery of a wreck on the coaft, duty of men to take the select effectual mea fures for fa ving, &c. Notice thereof to the judge of the county court, &c. Sheriff to feize, &c. The property to be restored to the Owner if he appears within a year and a day and pay coft and falvage, if not the net avails to be lodged in the ftate treasury. Provifo. Provifo. : An Act concerning Wrecks of Sea. E it enacted by the Governor, Council and Representatives, in General Court by the Authority of the fame, That if any Ships or other Vessels shall fuffer Ship-wreck upon our Coasts, there shall be no Violence or Wrong offered to their Persons or Goods; but their Persons shall be harboured and relieved, and their Goods preserved in Safety, till Authority may be certified thereof, and shall take further Care, and give further Order therein. That so often as any ship-wrecked Property shall be discovered on the Sea-coast of this State, it shall be the Duty of the Select-men of the nearest Town thereto, and it shall be lawful for any other Person to take the most effectual Measures for saving and securing the same; and if need be, fuch Perfon or Perfons shall apply to an Assistant or Justice of the Peace, who is hereby authorized to grant a Warrant, directed to a proper Officer, to imprefs and call forth requifite Affistance for that Purpose: And that the Person or Persons securing such Property, shall immediately give Notice thereof to the Judge of the County Court in the County where the same shall be secured; who shall direct the Sheriff of faid County to seize the said Property, and the fame keep and hold until it shall be released or disposed of by order of faid Court. That if any Owner of such Property, being a Person intituled by the Laws of the Land, or the Laws of Nations, to a Restoration thereof, shall within a Year and a Day after such Seizure, appear and claim the same, it shall be restored to him, on his paying fuch reasonable Costs and Salvage, for the Perfons to whom due, as the faid Court shall order and allow. And in Cafe no fuch Owner shall within that Time appear, and claim faid Property and pay Costs and Salvage afcertained as aforesaid, the same shall be fold by order of faid Court, and the avails thereof (first deducting reasonable Costs and Salvage for the Persons to whom due) shall be lodged in the Treasury of this State. Always provided, That if the Property so seized, be of a perishable Na - ture, the Court having the ordering of the same, may, at their Difcretion, direct it to be fold within the Time limited as aforesaid, retaining the Avails thereof for the fame Purposes as the faid Property was holden. Provided also, That in every Cafe where no Owner shall appear within one Month after such Seizure, to pay Salvage and Costs, the Court having the ordering of such Property, may, at any Time afterwards, order so much thereof to be fold as shall be sufficient to pay the Salvage and Costs. An ACTS AND LAWS. Revisal of the Laws confirmed, &c. 7 An Act made and passed by the General Afsembly of the State of Connecticut, held at New-Haven by Adjournment, on the eighth Day of January, Anno Domini, One ThouSand Seven Hundred and Eighty-four, for confirming the Laws of this State, as revised and amended; and for repealing fuch as are not contained in the foregoing Code. 265 WHEREAS all the Statute Laws of this State have been lately revised and digested under proper Titles in alphabetical Order, with several Additions, Preamble. Alterations, and Amendments, and the Whole carefully examined and confidered by this Assembly. BE it enacted by the Governor, Council and Representatives, in General Court Revifal cons assembled, and by the Authority of the fame, That all the foregoing Acts firmed. be, and they are hereby enacted and confirmed as the Laws of this State. And that all other Statute Laws of this State heretofore made and pub- Regulating lished, which are not contained in the foregoing Code, be, and they are claufe. hereby repealed. Provided nevertheless, That all Matters commenced by Virtue of any of the Laws hereby repealed, now depending or unfinished, may be profecuted and pursued to final effect, in the same Manner as they might have been if this Act had not been made. Provifo. Provided also, That such of the foregoing Laws as remain for Substance the fame as before the Revisal, shall be confidered as having continued in Provife! Force from the Time that they were first enacted, any circumstantial Amendments or Alterations notwithstanding: ! ACTS AND LAWS, An Act for regulating the Appointment of the Superior Court. B E it Enacted by the Governor, Council, and Representatives in General Sup. Court tenant-Governor, Assistant, or Member of the House of Representatives of &c. And be it further Enacted by the Authority aforesaid, That the Judges of To hold their offices during pleasure. Provided nevertheless, That nothing in this Act shall be construed to prevent any Judge of the Superior Court appointed at this Assembly, from Provifo. holding for the Term of one Year from the first Day of the Seffion of the present Affembly, any other Office which he now holds or to which he now stands elected. Be it further Enacted by the Authority aforesaid, That the LieutenantGovernor and Council of this State for the Time being, shall be the Supreme Court of Errors in this State, and shall be the dernier Refort of all Matters brought by way of Error or Complaint, from the Judgment or Decree of the Superior Court, in Matters of Law or Equity, wherein the Rules of Law or the Principles of Equity appear from the Files, Records and Exhibits of faid Court, to have been erroneoufly or mistakenly adjudged and determined. And faid Supreme Court are hereby impowered, authorized and enabled to take Cognizance of all fuch Causes that shall be brought before them as aforesaid, and shall be invested with all the Powers, Authorities and Jurifdictions necessary and requisite for carrying into complete Execution all their LI Supreme Court of Er Cou ted. Dernier refort in matequity, &c. ters of error in law and Their power. |