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society, or electors’ meetings. And such company shall
within the limits of the highway, purchased by the Hart
ford and New-Haven turnpike company, and of all the stones and other materials, suitable for making, or repairing said road, which were left on said road, when the same was opened, and are now remaining thereon, shall be, and the same is hereby vested and established in said company. And each and every person, who shall, without the permission of said company, take up, cut down, or destroy any such tree, or trees, or shall remove off said road, any stones or other materials, as aforesaid, shall forfeit to, and for the use of said company, three times the value of such
Encroachments on turnpike roads, how removed.
Encroachments repeated, how removed.
Certain rights of the Hartford and NewHaven turn
pike company secured.
Penalty for violating those rights.
Usurious contracts void.
Forfeiture for taking usury.
Defendant may file his complaint of
Parties may be examined
trees, stones or other materials; and for each tree so taken up, cutdown, or destroyed, a furthersum of two dollars, besides the threefold value thereof, as aforesaid ; and said forfeiture may be recovered by suit or action, in the name of the company only, and for their use, before any court of record proper to try the same. . But, no tree or trees, now standing, or which may hereafter be set out, in front of, or near any dwelling-house, for shade or ornament, shall be liable to be removed by said company, without the approbation of the commissioners, appointed to inspect said road.
TITLE 106. Usury.
An Act to restrain the taking of Usury.
resentatives, in General Assembly convened, That no person or persons, upon any contract, shall take, directly or indirectly, for the loan of money, or any goods, wares or merchandize, or any property whatever, above the value of six dollars, for the forbearance of one hundred dollars for a year, and so after that rate, for a greater or less sum, or for a longer or shorter time; and all bonds, contracts, mortgages and assurances whatever, made for the payment of any principal or money lent, or covenanted to be lent, upon or for usury, whereupon, or whereby, there shall be reserved or taken above the rate of six dollars for the hundred, as aforesaid, shall be utterly void. sect. 2. Every person, who shall take, accept, and receive, by means of any corrupt bargain, loan, or exchange, or deceitful conveyance, or by any other means, for the forbearance or giving day of payment for a year, of and for money, or any other property, above the sum of six dollars for the forbearance of one hundred dollars for a year, and after that rate for a greater or less sum, or
for a longer or shorter time, shall forfeit the value of the
money or other property so lent, bargained, sold, or agreed for; one half to him who shall prosecute to ef. fect, and the other half to the treasury of the state. sect. 3. And in any action, brought on any bond, bill, or mortgage, or any contract whatever, it shall be lawful for the defendant to inform the court before which the action is pending, by filing his complaint with the clerk, on the second day of the session of the court, that such contract was given on a usurious consideration; and in that
case, the court shall proceed to enquire into the truth * oath.
of such complaint, as a court of equity, and may examine the parties on oath, and may receive any other proper testimony ; and if the plaintiff shall refuse to be examined on oath, he shall become nonsuit, and the defendant shall recover his costs. And if the court shall find, that the contract was given upon usurious consideration, they shall proceed to adjust the same in equity, and shall give judgment for the plaintiff to recover no more than the value of the goods, or the principal sum of money, which the defendant receiv. ed, without interest, or any advance on the same. And the like proceedings may be had in any cause pending before a justice of the peace.
TITLE 107. Veratious Suits.
An Act to prevent Wexatious Suits.
E it enacted by the Senate and House of Representatives, in General Assembly convened, That if any person shall commence and prosecute any suit or complaint against another, in his own name, or the name of others, without probable cause, and with a malicious intent, unjustly to vex and trouble him, he shall be liable to pay treble damages to the party injured, and to be fined the sum of seven dollars to the use of the treasury of the county where the offence is committed; and for the third
offence such person shall be proceeded against as a com mon barrator. -
TITLE 108. Weights and Measures.
1 B% it enacted by the Senate and House of RepSECT. I , resentatives, in General Assembly convened, That there shall be kept at the treasury office, to be in the custody, and under the care of the treasurer of the state, for the time being, the following measures and weights, that is to say: a half bushel brass measure, of the capacity of one thousand and ninety-nine cubic inches; also, a brass peck measure, of half the said capacity, and a brass half peck measure, of one quarter of the said capacity, to be called by those names respectively, which shall be the standard of corn measures; also, a brass vessel, of the capacity of two hundred and thirty-one cubic
Standard weights and measures to be kept at the treasury office.
Duty of treasurer in relation thereto.
County treasurers to keep standard weights and measures ;
Their duty herein.
Select-men to provide standard weights and measures, for their towns.
inches, which shall be the standard wine gallon measure; and a brass vessel, of the capacity of two hundred and eighty-two cubic inches, which shall be the standard ale or beer gallon measure; also, a brass or iron rod or plate, of one yard in length, divided into three equal parts, for feet in length, and one of those parts, subdivided into twelve equal parts for inches, which shall be the standard of those measures respectively ; and also, brass weights, of one, two, four, seven, fourteen, twenty-eight, and fifty-six pounds, which shall be the standard of avoir. dupoise weights. And itshall be the duty of the said treasurer, personally, or by some proper person or persons, by him appointed, to try all such weights and measures as shall, pursuant to the provisions of this act, be presented to him to be tried, by the proper standard, and to seal such as shall be found true, with the capital letters, S. C. sect. 2. The treasurer of each county, for the time being, shall constantly keep and preserve in good order, weights and measures, correspondent to all the aforesaid standards, and of like materials, and see that they are tried and sealed by those standards; and if any county treasurer, shall neglect to keep any of the weights or measures aforesaid, he shall forfeit seventeen dollars, for every three months of such neglect, to be recovered by suit of the state's attorney for such county, for the use of the county treasury; and it shall be the duty of the treasurer of the county, for the time being, either personally, or by some proper person or persons, by him appointed for that purpose, to try all such weights and measures, as shall. pursuant to the provisions of this act, be presented to him to be tried, by the county standard, and to seal such as shall be found true, with the capital letter C., and also with the letter which begins the name of the county. sEct. 3. The select-men of each town, shall, at all times, see that weights and measures, of the various kinds aforesaid, are provided for their respective towns, at the cost and charge thereof, as standards for such town, which shall be of good and sufficient materials; and those of the standard for liquid measure, shall be of copper, brass, or pewter; and cause the same to be tried, and sealed, by the county standards. And they shall, also, see that vessels for corn measure, of the following forms and dimensions, are provided, for the standards of their respective towns, to wit: a two quart measure, the bottom of which, on the inside, is four inches wide, on two apposite sides, and four inches and an half, on the other two sides, and its height from thence, seven inches and sixty-three hundreths of an inch ; a quart measure,
the capacity of which is three inches square from bottom
Duty of sealer of weights and In easures.
Penalty upon sealers for neglect of duty.
Charcoal, &c. how measured.