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thereof, to attach the body of the said A. B. (if he may be found in your precincts) and him safely keep, so that he may be had before J. H. Esq. justice of the peace for the county aforesaid, at (sufficient bond for prosecution being given.) Hereof fail not, and make due return of this writ, with your doings therein, &c. Dated, &c. The like for summons and attachments to the county courts, mutatis mutandis. sect. 4. An execution granted by a justice of the peace. To the sheriff of the county of H. &c. Greeting. WHEREAS C. D. of W. on the day of before J. H. of justice of the peace for the county aforesaid, recovered judgment against A. B. of H. for the sum of dollars, cents, debt, (damages) and for the sum of dollars, cents, costs of suit, as appears of record: Whereof execution remains to be done. THESE are therefore, by authority of the state of Connecticut, to command you, That of the money of the said A. B., or of his goods, chattels or lands within your precincts, F. cause to be levied, and (the same being disposed of as the law directs) paid and satisfied unto the said C. D., the aforesaid sums, being dollars, cents, in the whole; and also, that out of the said monies, goods or chattels you levy seventeen cents more for this writ, together with your own fees. And for want of such money, goods, chattels or lands of the said A. B., to be by him shewn unto you, or found within your precincts, for satisfying the aforesaid sums, you are hereby commanded to take the body of the said A. B., and him commit unto the keeper of the gaol in H. in the county aforesaid, within the said prison; who is likewise hereby commanded to receive the said A. B. and him safely keep, until he pay unto the said C. D. the full sums above-mentioned, and be by him released, and also satisfy your fees. Hereof fail not, and make due return of this writ, with your doings therein, unto the said J. H. Esq. within sixty days next coming. Dated at H. this day of, &c. J. H. sect. 5. Execution out of the superior court and county courts, respectively. ..To the sheriff of the county of H. &c. Greeting. WHERE-18 C. D. of W. recovered judgment against .A. B. of F. before the court, holden at H. within the county aforesaid, on the Tuesday of for the sum of dollars, cents, debt, (damages) and dollars cents, costs of suit, as appears of record: Whereof execution remains to be done. THESE are therefore, by authority of the state of Connecticut, to command you, That of the goods, chat
Execution granted by
Fxecution from superior or county court.
Summons for witnesses.
tels or lands of the said A. B., within your precincts, you
H. &c. D. E. Clerk. sect. 7. A warrant of replevin before the county court. To the sheriff of F. &c. Greeting.
BY authority of the state of Connecticut, you are hereby commanded, justly, and without delay, to cause to be replevied to T. C., of S. his beasts, to wit, now distrained or impounded by S. H. of N., and by him unjustly detained, as it is said : and you are to summon the said S. H. to appear before the next county court to be holden at F., in and for the said county, on the Tuesday of next; then and there to answer unto the said T. C., in a plea of trespass, wherein the said T. C. como that the said S. H., on the day of, &c. at ., in a certain place, called &c. took the said beasts, that is to say, and them unjustly impounded and detained as aforesaid, until this time; which is to the damage of the said T. C., as he saith, the sum of dollars, and therefore he brings this suit, &c. (the said T. C. having given bond according to law.) Hereof fail not, and make due return of this writ, with your doings therein, &c. Dated, &c. J. H. Justice of Peace. . The like for a writ of replevin before a justice of the peace, mutatis mutandis. sect. 8. Bond on writ of replevin. YOU, A. B. and C. D. of acknowledge yourselves, jointly and severally, bound to E. F. of in a recognizance of dollars, that G. H. of shall prosecute the writ of replevin, he hath now taken out against the said E. F. at the next county court, to be holden at on the Tuesday of next, (or, before the justice of the peace to whom the same is returnable.) to full effect; and in case he make not his plea good, satisfy such demands and dues as the said E. F. shall recover against him. sect. 9. Bond where a person, not a party to the suit, replevies estate attached. YOU A. B. and C. D. of acknowledge yourselves, jointly and severally, bound to E. F. of , in a recognizance of dollars, that G. H. of shall prosecute the writ of replevin, that he hath now taken out against the said E. F. at the next county court, to be holden at on the Tuesday of next, (or, before the justice of the peace before whom the same is made returnable,) and in case he fail to make his plea good, to return and redeliver the goods directed to be replevied to J. K., the officer, who attached the same, in a suit in favor of said E. F. against L. M., of so that they may be forthcoming to be taken on the execution that may be recovered by said E. F. in said suit; and on failure thereof, to pay the debt, damages and costs, that may be recovered in said suit. sect. 10. Bond for prosecution. YOU C. S. and E. C. of H. acknowledge yourselves, jointly and severally, bound to J. L. of in a recognizance of dollars, that T. R. of W. shall prosecute the attachment he hath now taken out against the said J. L. at the next county court, to be holden at H. on the Tuesday of next, to full effect; and answer all costs and damages, in case he make not his plea good. Taken and acknowledged in H., the day of, &c. before me, J. W. Justice of the peace. sect. 11. A warrant for collecting rates. To A. B. collector of the town rate of the town of, &c. Greeting. BY authority of the state of Connecticut, you are hereby commanded forthwith to levy and collect of the persons named in the annexed list, here with committed to you, each one his several proportion, as therein set down, of the sum total of such list; being a tax or assessment
Bond on writ of replevin.
Bond on writ of replevin by
one not a party to the suit.
Bond for prosecution.
Proviso, as to use of other forms.
granted and agreed upon, by the inhabitants of the said town of, &c. regularly assembled on the day of for the defraying of the necessary charges arising within the same ; and to deliver and pay the sum and sums, which you shall so levy and collect, unto the treasurer of the said town, (or to C. D., being by said town appointed to receive the same) at or before the day of : And if any person or persons shall neglect or refuse to make payment of the sum or sums, whereat he or they are respectively assessed, and set in the said list, to distrain the goods or chattels of such person or persons, and the same dispose of, as the law directs; returning the overplus (if any be), unto the owner or owners. And for want of goods and chattels, whereon to make distress, you are to take the body or bodies of the person or persons so refusing, and him or them commit unto the keeper of the gaol of the said county, within the said prison; who is hereby commanded to receive and safely keep him or them, until he or they pay and satisfy the said sum or sums assessed upon him or them, as aforesaid, together with your fees; unless the said assessment, or any part thereof, upon application made to the county court, shall be abated.
Dated at G. &c.
sect. 12. Always provided, and it is further enacted, That it shall be lawful for any person or persons within this state, as often as occasion shall require, to make use of other and diverse forms than what are before in this act prescribed, so that the substance of the matter or action be well contained therein, according to law.
TITLE 39. Frauds and Perjuries.
An Act for the prevention of Frauds and Perju.
For the prevention of many fraudulent practices, which are commonly endeavored to be upheld by perjury, and subornation of perjury:
E it enacted by the Senate and House of Representatives, in General Assembly convened, That no suit, in law or equity, shall be brought or maintained upon any contract or agreement, whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of an
other person; or to charge any person upon any agree- o . ment made upon consideration of marriage; or upon any * contract for the sale of lands, tenements, or heredita- for the sale of ments, or any interest in, or concerning them ; or upon lands; any agreement that is not to be performed within the space of one year from the making thereof; unless the or o: . £ontract or agreement, upon which such action shall be ..." brought, or some memorandum or note thereof, shall be to be in writ made in writing, and signed by the party to be charged . †, therewith, or some other person thereunto by him law- & y fully authorized.
sect. 2. And be it further enacted, That no contract Contracts for for the sale of any goods, wares, and merchandize, for the the o, *. price of thirty-five dollars, or upwards, shall be allowed . to be good, except the buyer shall accept part of the thirty-five goods so sold, and actually receive the same, or give dollars, when something in earnest, to bind the bargain, or in part of * payment, or some note or memorandum, in writing, of the said bargain, be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.(1)
(1) This act is copied from a statute this revision. Before this time, almost all passed in England, 32 Car. 2. and was parol contracts were valid : no statute has first enacted in 1771. The clause respect- made a greater alteration and improveing the sale of goods, above the value of ment of the common law. thirty-five dollars, was not introduced till
TITLE 40. Fraudulent Conveyances.
An Act against Fraudulent Conveyances.
B% it enacted by the Senate and House of Rep8ECT. 1. - resentatives, in General Assembly convened, That all fraudulent and deceitful conveyances of lands Fraudulent and tenements, or any interest in them, and of goods and oo: chattels, and all bonds, suits, judgments, executions, or contracts, made with intent to avoid any debt, or duty, of others, shall be utterly void, as against those persons only, their heirs, executors, administrators, or assigns, whose debt or duty is endeavored to be avoided; notwithstanding any consideration, upon which such contract may be pretended to have been made. sect. 2. And all the parties to such fraudulent con- Punishment tract, knowing the fraud, who shall wittingly justify the . ** - - - ena. same, as being done bona fide, and on good consideration, shall forfeit one year's value of the land, and the whole value of the goods and chattels, and as much money as