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 Execution J. H. Esq. justice of the peace for the county aforesaid, granted by 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, you 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 coun ty courts, respectively. To the sheriff of the county of H. &c. A. B. of F. before the county aforesaid, on the Greeting. court. WHEREAS C. D. of W. recovered judgment against Execution court, holden at H. within the from superior or county Tuesday of for the sum dollars, cents, debt, (damages) and dollars cents, costs of suit, as appears of record: Whereof execution remains to be done. of THESE are therefore, by authority of the state of Connecticut, to command you, That of the goods, chat Summons for witnesses. Replevin. tels or lands of the said A. B., within your precincts, you court to testify BY authority of the state of Connecticut, you are hereby commanded to appear before the to be holden at F. on the Tuesday of what you know in a certain action now depending in the said court, between E. F. of H. plaintiff, and G. H. of M. defendant, in an action of Hereof fail not, under the penalty of the law in that case provided. Dated at 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. complains, that the said S. H., on the day of, &c. at M., in a certain place, called that is to say, &c. took the said beasts, 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. ance of Bond on writ YOU, A. B. and C. D. of acknowledge yourselves, of replevin. jointly and severally, bound to E. F. of in a recognizdollars, 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, Bond on writ replevies estate attached. of replevin by YOU A. B. and C. D. of acknowledge yourselves, one not a party jointly and severally, bound to E. F. of in a recogniz. to the suit. ance 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. Bond for pro SECT. 10. Bond for prosecution. in a selves, jointly and severally, bound to J. L. of 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 J. W. Justice of, &c. before me, of the peace. SECT. 11. A warrant for collecting rates. BY authority of the state of Connecticut, you are hereby commanded forthwith to levy and collect of the persons named in the annexed list, herewith committed to you, each one his several proportion, as therein set down, of the sum total of such list; being a tax or assessment Warrant for collecting town rates. Proviso, as to use of other forms. Preamble. Contracts to charge executors, &c. to answer for the debt, &c. of another; granted and agreed upon, by the inhabitants of the said Dated at G. &c. And for 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 ries. For the prevention of many fraudulent practices, which are commonly endeavored to be upheld by perjury, and subornation of perjury: SECT. 1. 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 tion of mar other person; or to charge any person upon any agreé- in considerament made upon consideration of marriage; or upon any riage; 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 not to be contract or agreement, upon which such action shall be performed in brought, or some memorandum or note thereof, shall be made in writing, and signed by the party to be charged ing, signed, therewith, or some other person thereunto by him law- &c. fully authorized. one year; to be in writ amount of SECT. 2. And be it further enacted, That no contract Contracts for for the sale of any goods, wares, and merchandize, for the the sale of price of thirty-five dollars, or upwards, shall be allowed goods, to the 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 binding. 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 passed in England, 32 Car. 2. and was first enacted in 1771. The clause respecting the sale of goods, above the value of thirty-five dollars, was not introduced till this revision. Before this time, almost all parol contracts were valid: no statute has made a greater alteration and improvement of the common law. TITLE 40. Fraudulent Conveyances. An Act against Fraudulent Conveyances. SECT. 1. E it enacted by the Senate and House of Rep- void. That all fraudulent and deceitful conveyances of lands Fraudulent and tenements, or any interest in them, and of goods and conveyances 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. them. SECT. 2. And all the parties to such fraudulent con- Punishment tract, knowing the fraud, who shall wittingly justify the for making 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 |