north-west corner of Tolland, shall be one district, and called the district of East-Windsor. The towns of Waterbury, Watertown, Plymouth, Wolcott, and Middlebu- Waterbury. ry, shall be one district, and called the district of Waterbury. The towns of Norfolk, Colebrook, and Winchester, Norfolk. shall be one district, and called the district of Norfolk. The towns of New-Milford, Kent, and Sherman, shall be New-Milford. one district, and called the district of New-Milford. The towns of Hebron, Coventry, Bolton, and Columbia, Hebron. shall be one district, and called the district of Hebron. The towns of Norwalk, New-Canaan, and Wilton, shall Norwalk. be one district, and called the district of Norwalk. The towns of Granby and Hartland, shall be one district, and Granby. be called the district of Granby. The towns of New- Newtown. town and Brookfield, shall be one district, and called the district of Newtown. The town of Suffield, shall be one Suffield. district, and be called the district of Suffield. Judges may hold courts in any town in their districts. SECT. 27. The judges of the several courts of probate are hereby authorized to hold their said courts, in any of the towns within the districts for which they are or shall be appointed. SECT. 28. Whenever any disputable and difficult mat- When to call ter shall appear in any case, depending before any judge assistance. of a court of probate, such judge may call to his assistance any one or two of the judges of the county court, of that county, in which such disputable matter may arise. SECT. 29. Whenever there shall be so near a relation- When disship between any deceased person, and the judge of pro- qualified, bate of the district in which such deceased person last dwelt, as between father and son, by nature or marriage, or brother and brother, in like manner; or whenever any judge of probate shall be interested in the estate of any deceased person, as being legatee, or devisee, or heir at law; or if any person, while acting as executor or administrator of the estate of any deceased person, in any court of probate, shall become the judge of said court; in every such case, such judge shall be disqualified to act as judge, in the settlement of such deceased person's estate, and the cognizance thereof, shall appertain to the the judge of an adjoining judge of probate in an adjoining district, who may by district to have law act, and who resides nearest to the residence of the cognizance ; judge so disqualified; and the judge so residing in an adjoining district, shall, in every such case, have full authority to proceed to a final settlement of the estate of such deceased person, and shall cause his doings to be record ed in the probate records of the district wherein such and when the deceased person dwelt. And if any claim on an insol- judge is disvent estate is to be reviewed in any probate district, and qualified to the judge therein shall be related to any person interest- view; act on a re who to act. When office is act. ed in such estate, in so near a degree as is herein specified, such claim shall be heard and decided by the judge of probate in an adjoining district, residing as aforesaid, and two justices of the peace, or one judge of the county court in the county; and their judgment on such claim shall be final, and recorded in the records of the probate district, wherein such estate is settled; and the judge of probate, in such district, shall conform to such judgment in further proceeding upon such estate. SECT. 30. Whenever during the recess of the general vacant, who to assembly, the office of judge of probate, in any district, shall become vacant, by the death of the judge, the judge of probate of an adjoining district, who may by law act, and who resides nearest to the last residence of such deceased judge, shall have full power to execute the office of judge of probate in such vacant district, until a judge for such district shall be appointed and sworn. Courts to have a seal. Justice courts. tion. SECT. 31. The supreme court of errors, the superior courts, the county courts and the courts of probate shall have a proper seal belonging to each of the said respective courts, to be used for all causes, matters and things proper for said courts, respectively, and according to law; each of which courts is hereby directed and empowered to procure its proper seal, which shall be lodged with the clerks of the respective courts, to be used by their di rection. SECT. 32. Be it further enacted, That each and every justice of the peace, duly appointed and sworn, may, and he is hereby authorized, from time to time, as there shall be occasion, to hold a justice court in the county, for which he shall be appointed; and shall have cognizance Civil jurisdic- of all actions of a civil nature, legally brought before him, and may hear, try and determine the same, and may render judgment, and grant execution thereon, according to law. And every justice of the peace, is hereby authorized to issue and sign any writs, warrants or other processes, according to law, either in civil or crimcauses, which may be served and returned before any court in the state. Justices may sign writs, &c. May take confession of debt. His executions effectual. inal SECT. 33. Any justice of the peace, within the county for which he may be appointed, may take and accept a confession or acknowledgment of any debt, from a debtor to his creditor, for any sum not exceeding seventy dollars, together with the cost of such confession, as the parties shall agree; which confession shall be made only by the person of the debtor himself: and on such confession, so made, the said justice shall make a record thereof, and grant execution thereon, in due form of law. And all executions, granted and signed by a justice of the peace, according to law, shall be proceeded with, levied and executed, in the same manner, and have the same force, to all intents and purposes, as executions granted by the other courts. SECT. 34. And any justice of the peace, in any court, His criminal holden by him, in the county for which he may be ap- jurisdiction. pointed, shall have cognizance of all actions of a criminal nature, that may be legally brought before him, and may proceed to trial, render judgment therein, and grant a warrant for the execution thereof, according to law. An appeal But the defendant, in all such actions or complaints, (ex- allowed. cept in actions or complaints for the crimes of drunkenness, profane cursing and swearing and sabbath-breaking) may appeal from the judgment of the justice therein, to the county court, next to be holden in the county, where such justice court may have been holden. ceed. SECT. 35. And whenever any complaint, for any crimi- When a comnal matter, shall be legally brought before a justice of the plaint,not cogpeace, which is by law cognizable by a higher court, such nizable by a justice, is justice is hereby authorized to hear and enquire into the brought befacts relating thereto, and if thereupon he shall be of fore him, how opinion, that probable ground exists for the support of he is to prosuch complaint, he may order the defendant to give bond, or to enter into a recognizance, with sufficient surety, (provided the offence be by law bailable) conditioned that the defendant appear before the court having cognizance of the offence, at the next session thereof, to be holden in the county where the offence was committed, and abide the order or judgment of said court, touching said complaint, which complaint the said justice shall transmit to said court, with his doings thereon indorsed; and on the failure of such defendant to give such bond, or to enter into such recognizance, or if the offence complained of be not bailable, it shall be the duty of said justice of the peace to order such defendant to be committed to the common gaol in said county, till the next session of the court having cognizance of the offence, or till he shall be discharged by due course of law. peace may SECT. 36. Any justice of the peace, in his county, shall have power, from his personal knowledge, ex officio, to Justices of the require sureties of the peace and good behavior, from any bind to good person or persons, that threaten to beat or kill another, behavior. or contend, with hot and angry words, or by threats, turbulence and violence, or by any other unlawful act, terrify and disturb the good people of the state. And whenever an individual shall complain, on oath, to a justice of the peace, against another, that he has just cause to fear that he will imprison, beat, or kill him, or procure others to do so, and that he is under fear of death, or bodily Judge, &c. ship shall dis- harm, such justice of the peace may require sureties of the peace and good behavior, from the person so complained of; and if any person, being so ordered to find surety for the peace and good behavior, shall neglect or refuse to comply with such order, the justice of the peace ordering the same, may commit such person to the common gaol, in the county where the person complained of resides, there to remain until he shall be discharged by due course of law, or until the next session of the county court, in said county; which court may make further order, relating to the subject matter of the complaint. SECT. 37. No judge, or justice of the peace, shall hold the office of sheriff, deputy-sheriff, or constable, or be a taverner. SECT. 38. Whenever there shall be so near a relationship between any judge, or justice of the peace, and any party in a civil action, as between father and son, by nature or marriage, brother and brother, in like manner, uncle and nephew, in like manner, landlord and tenant; or whenever any judge or justice may be liable, in any manner, to contribute, out of his estate, to the damages, cost or expences of any action; or whenever he may receive a direct pecuniary benefit, by the determination thereof; in all such actions, the said judge or justice, shall be disqualified to act as judge, or render judgment. When a judge of the superior court shall be disqualified to sit in a cause depending before him, such cause shall be continued to the next term of the court. SECT. 39. When all the judges of the county court shall be disqualified to sit in a cause pending before them, which is not appealable, the clerk of the court shall draw, by lot, from the names of all the justices of the peace, in the town where the court is sitting, the names of three justices of the peace, or if such town is interested, from any adjoining town, not interested; and shall cause notice to be given to the three justices of the peace, drawn as aforesaid, who shall have power to try such cause, according to law and if such cause shall be appealable, then the plaintiff shall have power to remove it to the next superior court, in the county, on giving bond, with surety, to prosecute his action to effect: and he may enter his action in the superior court, in the same manner as if appealed and such superior court shall have power to proceed to final judgment, in the same manner as if the cause had been brought there by appeal. SECT. 40. The courts of law, may make such orders as they shall deem reasonable, relative to the notice which shall be given of petitions for new trials, writs of error, and appeals from courts of probate, whereof they respectively have cognizance, whenever the adverse party or parties to such petition for a new trial, writ of error, or any person or persons are so interested in such appeal, as that they ought to be made parties thereto, reside without this state; and such notice having heen given, pursuant to the orders of such courts respectively, in the mode therein prescribed, and duly proved to such courts, shall be deemed sufficient service. ed. SECT. 41. The judges of the supreme court of errors, Judges, &c. of the superior and county courts, judges of probate, and how appointjustices of the peace, shall be appointed, by the concurrent vote of the senate and house of representatives; and the judges of the supreme court of errors, and of the superior court, shall, in all cases, be chosen by ballot, in each house of the general assembly. And all judges and justices of Continuance the peace, annually appointed, commissioned and sworn, of office. shall be authorized and empowered to execute their offices until the twentieth day of June, in the year next ensuing their appointment, unless their commission be sooner revoked, or suspended, by act of the general assembly.(1) (1) The first legislators of this country had no idea of keeping separate the legislative, executive, and judicial branches of the government. All power was, at first, centered in one body; and though, at times, judicial power was delegated to a particular court, yet the ultimate right of decision remained in the legislature. After they had received the charter, as appears in the revision of 1672, they established a court of assistants, to be holden in May and October, at Hartford, by the governor, or-deputy governor, and six assistants at least. Two county courts were to be holden in each county, by any three or more of the assistants. Every assistant had jurisdiction of all causes to the amount of forty shillings, in the county in which he lived, and in towns where there was no assistant, commissioners, with two selectmen, had a like power. Appeals would he, in all cases, from an assistant to the county court; from the county court to the court of assistants; and from that court to the general court. The admission of appeals to the general court did not long continue; for in the revision of 1702, no such right is allowed; but the party aggrieved by the judgment of a county court, had a right to appeal to the next court of assistants, and to review his cause in the same county court where it was tried; and the party aggrieved, on the trial by review, had a right of appeal. Every cause could be reviewed in the court of assistants, ex cept where it was appealed from the county court, on a judgment by review. The inconvenience of a court, organized like the court of assistants, induced the legislature, in 1711, to constitute a superior court, consisting of five judges, three of whom should be a quorum, to hold sessions twice in each year, in every county; and this court consisted of the deputy-governor, and four assistants, annually appointed by the legislature. In 1714, an act was passed, declaring, that actions, wherein the title of land was not concerned, brought, by appeal, from the judgment of an assistant, or justice of the peace, to the county court, should not be reviewed or appealed from, but the first trial should be conclusive; and that in actions brought immediately to the county court, wherein the title of land was not concerned, and the demand did not exceed forty shillings, the judgment of the county court could not be appealed from, but might be reviewed. The legislature, however, considering the great expence and delay, arising from the allowance of appeals and reviews, in all cases, passed an act, in 1725, prohibiting appeals, or reviews, where the matter in demand did not exceed twenty shillings; and also, in all cases, in the county court, where the action was brought on a bill, or bond, for the payment of a certain sum of money only. In the revision of 1750, it appears that |