society, or electors' meetings. And such company shall trausmit a copy of such vote or by-law, (when the same has not already been done,) to the secretary of this state, and also lodge a like copy, with one of the commissioners on said road.

SECT. 16. If any person shall make any encroachment Encroachon any highway, on which a turnpike is now, or here- ments on turnpike after shall be, by law, established, the president and direc- roads, how tors of such turnpike road, or the board of directors, in removed. those turnpike corporations, in which there is no president for the time being, or a committee appointed by them for that purpose, are hereby directed and empowered, to give notice in writing, to the person or persons, who may make such encroachment, to remove the same. And if the person or persons warned as aforesaid, do not cause such encroachment to be removed, within one month after notice shall have been given as aforesaid, it shall be lawful for such president and directors, or such board of directors, or such committee appointed by them as aforesaid, to remove the same; and the expense of removing such encroachment, shall be recovered by such president and directors, or such board of directors, of the person or persons by whom the same shall have been made, by action, before any court proper to try the same. And when any encroachment on any turnpike road shall Encroachhave been once removed, as aforesaid, if the same shall ments repeatagain be made, it shall be lawful for such president and ed, how redirectors, or such board of directors, or such committee appointed as aforesaid, to remove the same, without giving further notice. And every person prosecuted for removing such encroachment, and convicted, shall incur a penalty of seven dollars, for every such offence, to be re- Penalty. covered by such president and directors, or such board

moved.

of directors, as aforesaid. And no appeal shall be allow- No appeal. ed in any suit, which may be brought by virtue of the provisions of this section.

Certain rights

of the Hart

ford and NewHaven turnpike company secured.

SECT. 17. The property of all trees now growing, or which shall hereafter be set out for shade or ornament, within the limits of the highway, purchased by the Hartford 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 Penalty for violating those any such tree, or trees, or shall remove off said road, any rights. stones or other materials, as aforesaid, shall forfeit to, and for the use of said company, three times the value of such

Proviso.

tracts void.

trees, stones or other materials; and for each tree so taken up, cut down, or destroyed, a further sum 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.

SECT. 1.

E it enacted by the Senate and House of Representatives, in General Assembly convened, Usurious con- 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.

Forfeiture for

SECT. 2. Every person, who shall take, accept, and retaking usury. ceive, 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 effect, and the other half to the treasury of the state.

Defendant may file his

complaint of usury.

Parties may be examined

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 on oath.
of such complaint, as a court of equity, and may ex-
amine the parties on oath, and may receive any oth-
er 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 re- Judgment.
cover 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 be-
fore a justice of the peace.

TITLE 107. Vexatious Suits.

An Act to prevent Vexatious Suits.

E it enacted by the Senate and House of Representa

pay treble

damages, and

to be fined.

B tives, in General Assembly convened, That if any per- Persons bringson shall commence and prosecute any suit or complaint ing vexatious against another, in his own name, or the name of others, suits, liable to 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 common barrator.

TITLE 108. Weights and Measures.

An Act relating to Weights and Measures.

SECT. 1.

BE it enacted by the Senate and House of Rep

Third offence.

Standard weights and

measures to

be kept at the

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 treasury office. 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

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 avoirDuty of treas- dupoise weights. And it shall 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.

urer in. relation thereto.

County treasurers to keep

standard weights and measures;

on penalty.

Their duty berein.

Select-men to

provide standard weights

and measures,

for their towns.

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
to top throughout, and its height, seven inches and sixty-
three hundreths of an inch; and a pint measure, the ca-
pacity of which, from bottom to top, is three inches
square throughout, and its height, three inches and eigh-
ty-two hundreths of an inch; and in default thereof, such
select-men shall, on conviction, before a justice of the Penalty.
peace, forfeit and pay a fine of seven dollars, the one half
to him who shall prosecute the same to effect, and the
other half to the town treasury. And all informing offi-
cers are required to inquire after, and due presentment
make, of all breaches of this act and after such convic-
tion, the select men, for the time being, shall incur a
like penalty for every two months, they shall neglect
their duty herein prescribed, or shall, at any time, fail to
preserve such weights and measures true, and in good or-
der, for the use of the town, to be recovered as aforesaid,
for the use aforesaid.

Duty of sealer of weights and

measures.

SECT. 4. The sealer of weights and measures in each town, shall have the custody and safe keeping of the weights and measures belonging to the town, and it shall be his duty, once in every year, to try the several weights, steelyards and measures, that are used by any person in such town, by the town standards; to deface and destroy such as cannot be brought to compare with the standard, and to seal with the capital letter, initial in the name of the town, such as are found or made true; and such sealer shall, some time in the month of April, yearly, give notice to the inhabitants of the town, by a writing posted on the sign-posts, and other public places in the town, to bring their steelyards, weights and measures, at the time and place therein fixed, to be tried and sealed. And if Penalty for using unsealed any person shall, for the purpose of buying or selling, use weights or any weight or measure, until the same shall have been measures. sealed, in manner aforesaid, he shall, for every such of fence, forfeit the sum of two dollars, one half for the benefit of the town, in which such offence shall be committed, and the other half to the sealer of weights and measures for said town, whose duty it shall be to prosecute the same Penalty upon to effect and every sealer who shall neglect his duty re- neglect of quired by this act, shall forfeit the sum of five dollars, for duty. every such neglect, to the town treasury.

sealers for

Charcoal, &c. SECT. 5. The half bushel measure, and the parts there- how measof, herein described, shall be the standard measures, for ured. charcoal, all kinds of fruits and vegetables, and shell fish, when sold by measure; and in measuring the said articles, the measures shall be well heaped.