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SECT. 12. Full power and authority shall be, and herelaws for pre- by is granted to the court of common council of said city, serving health. to make by-laws for preserving the health of the inhabitants of said city: Provided nevertheless, that such bylaws be approved and published, and be liable to be repealed, in the same manner as the by-laws which said court of common council are already authorized to make. SECT. 13. And this act shall be, to all intents and purposes, a public act.

Public act.

prietors.

line.

Survey.

CHAP. V.

An Act in addition to an act regulating the streets and buildings in the city of Hartford, and for preserving the health of the inhabitants thereof.

SECT. 1.

E it enacted by the Senate and House of Rep

B resentatives, in General Assembly convened,

That when the court of common council of the city of Hartford, shall, in pursuance of the fifth section of the aforesaid act, designate a line or lines, on the lands of proprietors adjoining any street, highway or alley, public or private, said court of common council shall cause Notice to pro- reasonable notice to be given to the proprietor or proprietors of the land, where said line or lines are proposed to be designated, to be present, at the time such deDesignation of signation shall be made; and in making such designation, due regard shall be had to the general line of such street, highway or alley. And the court of common council shall cause a survey, in writing, to be made, containing a particular description of such line or lines, with the quantity of land on which the proprietor or proprietors are prohibited to build, which, being accepted by said court of common council, shall be recorded in the records of said city. And the damage done to such proprietor or proprietors, by such designation, shall be paid in whole, or in part, by the city, or in whole or in part, by the person or persons, who may apply for the same, as the court of common council shall direct; which damages shall be estimated by three judicious, disinterested freeholders of be estimated. said city, or town of Hartford, who shall be appointed and sworn, by the mayor or senior alderman, and a certificate thereof made, and recorded in the records of the city. And it shall be the duty of said freeholders, to make a return of their doings, to the clerk of said city, who shall record the same. Provided nevertheless, that if any person shall be aggrieved by the esti

Damage, by whom to be paid.

By whom to

Proviso, as to persons aggrieved.

to be made.

mate of damages, as aforesaid, such aggrieved person Application may apply for relief to the next county court to be hol- for relief, how den in said city, causing due notice to be given of such application, by leaving a copy thereof with the clerk of said city, which court shall enquire into the facts stated, and, if judged expedient, may set aside the doings of such freeholders, and appoint three other freeholders of said city or town of Hartford, to re-estimate such damages, Re-estimate of who shall be sworn, and also cause due notice to be giv- damages. en to the parties interested, to be present at the time such estimate shall be made, and make a report of their doings to said county court, which, being accepted, shall be final and conclusive; and the court may allow costs, or not, to either party, as it shall appear just and reasonable.

SECT. 2. And the amount of damages so estimated, Within what shall be paid to such proprietor, or proprietors, or the times, damamoney deposited with the treasurer of the city, subject ges shall be to his or their order, within three months from the rising of said next county court, if no application for a reassessment of damages has been made to said court; and within six months from the rising of said court, where an application has been made, and new appraisers appointed; and on failure thereof, in either of the cases aforesaid, the designation of such line or lines, shall be void.

TITLE 16. Communities.

An Act enabling Communities to enforce and defend their rights.

SECT.1.

∙B

and be sued.

E it enacted by the Senate and House of Representatives, in General Assembly convend, That towns, and all lawful societies, communities, or corpora- Communities, tions, shall have power to commence and prosecute any suits how to sue or actions, to maintain and recover their rights, before any court proper to try the same; and may appear and prosecute, by their agents or attornies, duly appointed, and may, in like manner, defend, in all suits brought against them; and when sued, the service of the writ, by leaving a true and attested copy of it, by some proper officer, with their clerk, or either of the select-men, or of the committee, or the secretary or cashier, twelve days before the sitting of the court to which it is returnable, shall be sufficient notice for them to appear and answer. And where any community, or corporation, incorporated by authority of this state, transact their business in the same, and have no secretary, clerk, cashier, or other officer, residing therein,

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Their power.

To receive

then a true and attested copy of the writ, left with the agent of such corporation, residing in this state, or if there be none, then at the house or place where such corporation transact their business, and exercise their corporate powers, shall be sufficient service of such writ. SECT. 2. All towns, and lawful societies, communities, and corporations, shall have power, in their lawful meetings, to appoint agents to appear in their behalf, and to employ attornies, if necessary, to prosecute or defend, in the suits in which they are parties.

SECT. 1.

TITLE 17. Constables.

An Act relating to Constables.

BE it enacted by the Senate and House of Rep

resentatives, in General Assembly convened, That every town shall, at their annual meeting, appoint one constable, to levy and collect the state taxes, and such other number of constables as they may judge expedient, not exceeding seven, who shall take the oath prescribed by the constitution, for executive officers, on, or before the first Monday of January, in each year, and shall hold their offices until the next annual meeting of the town, or until others are chosen, and sworn in their

room.

SECT. 2. Constables shall have the same power within their own towns, to serve and execute all lawful writs, precepts, and warrants, directed to them, by lawful authority, as sheriffs have by law, within their counties, and shall be liable, in the same manner, for any neglect, default, or misconduct in their office.

SECT. 3. Constables shall duly receive all hue-andhue-and-cries; cries, and the same diligently pursue to full effect; and where they are granted, or sent out, after capital or criminal offenders, such pursuit shall be at the expense of the state; but such as are taken out, by private persons, in their own cases, at the expense of those who take them

to put forth

out.

SECT. 4. Constables shall have power to put forth hue-and-cries; pursuits, or hue-and-cries, after murderers, peace-breakers, thieves, robbers, burglarians, and all capital or criminal offenders, when no justice of the peace is near at to apprehend hand; and also, without warrant, to apprehend such as are guilty of profane swearing, drunkenness, or sabbathbreaking, and them carry before the next justice of the peace, to be dealt with according to law: Provided, they

offenders;

be taken and apprehended in the act, or on present information of others.

SECT. 5. Constables shall have power to command any may comperson or persons to assist them, when necessary, in mand assistthe execution of the duties of their office; and if ance. any person shall refuse to assist them, having been duly required, he shall forfeit a sum not exceeding seven dollars, nor less than two dollars; which forfeitures shall be to the use of the town where the offence is committed.

duty.

SECT. 6. And if any constable, or other person, upon Penalty for urgent occasion, shall refuse to aid in raising and pros- neglect of ecuting hue-and-cries, either on foot, or by horse, (if need be,) against criminal offenders, he or they shall forfeit the sum of seven dollars, to the use aforesaid.

TITLE 18. Convicts.

An Act to prevent the importation of Convicts.

BE it enacted by the Senate and House of Representatives,

in General Assembly convened, That no person con

into the state.

victed of any crime in a foreign country, and sentenced Convicts may therefor to be transported abroad, shall be imported into not be brought this state; and that any person, or persons, who shall import or bring into this state, any such convict, or be aiding and assisting therein, knowing such person, so imported, to be a convict, and sentenced as aforesaid, shall forfeit and pay to the treasurer of the state, the sum of three hundred and thirty four dollars, for every such convict so imported as aforesaid: and whenever any person sall be prosecuted for a breach of this act, he shall be deemed guilty of the same, upon proof that he has imported foreigners Mode of proof. into this state, or has been aiding or assisting therein, unless he can show, to the satisfaction of the triers, that such foreigners were not convicts, and that he had lawful right to import the same. And it shall be the duty of attornies for the state, and grand jurors, to make information and presentment of all breaches of this act.

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An Act to prevent the passing of counterfeit Bills or Coins.

SECT. 1. BE it enacted by the Senate and House of Rep

resentatives, in General Assembly convened, That when any false, forged, altered or counterfeit bill, made in imitation of, and purporting to be, a bill of public

Treasurer of

the state and cashiers of

zed to sieze and deface counterfeit

banks, author- credit, issued by the authority of the United States, or any false, forged, altered or counterfeit bill or note, issued by the bank of the United States, or by any incorporated bills and notes. bank in this state, or any of the United States, shall be offered to be passed to the treasurer of the state, in payment of debts or taxes, or to the cashiers of any of the banks in the state, in payment of debts, or to be exchanged, it shall be their duty, and they are hereby authorised, to seize and deface such counterfeit bills or notes, and to enter on the back thereof, the name of the possessor, and to deliver the same to some justice of the peace, for the purpose of further enquiry.

Justices of the peace authorized to seize and deface them.

Any person possessing counterfeit bill or note

shall deliver it to a justice of

the peace.

Power of jus

tices of the peace to examine, bind

over, or commit.

Proceedings by party receiving a coun

terfeit bill or note, to recover damages.

SECT. 2. When any justice of the peace shall see, or have knowledge of, any such counterfeit bill or note, he shall have power to seize and deface the same, and shall enter on the back thereof the name of the person from whom he takes it, and shall retain it in his possession.

SECT. 3. When any person shall discover that he has in his possession, any such counterfeit bill or note, he shall deliver it to some justice of the peace; and if such justice of the peace is of opinion, that such bill or note is counterfeit, he shall enter on the back of it the name of the person of whom he received it, and that it was delivered to him as a counterfeit bill or note.

SECT. 4. Every justice of the peace, who has received or taken a counterfeit bill or note, or with whom one has been lodged as aforesaid, may, at his discretion, cause the person from whom it was siezed, taken or received, to come before him, and examine him on oath, respecting the person of whom he received the same; and in like manner, to make such further enquiry as he may deem expedient, to discover the person who forged or altered the same; or who had passed it, knowing it to be forged or altered and when he shall obtain satisfactory proof against any person, to require him to become bound, with sufficient surety, to appear before the proper court for trial, or to commit him for want of bail.

SECT. 5. Every person, who shall deliver up a counterfeit bill or note, or from whom it shall be taken as aforesaid, may inform the person from whom he received it, with whom it is lodged, and demand of him payment of the same, and on refusal, may bring his action on this statute, before any court having cognizance thereof, to recover his just damages; and if, on trial, such bill or note shall be found to be forged or altered, the court shall proceed to examine the parties on oath, and enquire of any other proper witnesses; and if it shall be found, that the plaintiff received such bill of the defendant for a true bill, he shall recover his reasonable damages, and cost: Pro

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