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State's attor ney to appear in supreme court in certain cases.

Chap. IX. Literature. Chap. X. Attornies.

for the due observation of the sabbath or Lord's day," be and the same are hereby repealed.

General Assembly, Cctober Session, 1812.

SYLVANUS BACKUS, Speaker

of the House of Representatives.

JOHN COTTON SMITH, Lieutenant-Governor. Attest. THOMAS DAY, Secretary.

CHAP IX.

An Act to repeal an Act, entitled "An Act for the encouragement of Literature and Genius."

B

E it enacted by the Governor and Council and House of Representatives in General Court assembled, That the act entitled "An Act for the encouragement of Literature and Genius," be and the same is hereby repealed. General Assembly, October Session, 1812.

SYLVANUS BACKUS, Speaker

of the House of Representatives. JOHN COTTON SMITH, Lieutenant-Governor. Attest. THOMAS DAY, Secretary.

CHAP. X.

An Act regarding the duty of Attornies to the

B

State.

E it enacted by the Governor and Council and House of Representatives in General Court assembled, That it shall be the duty of any attorney for this State to appear in the Supreme Court of Errors, in those cases which have been conducted by him, as attorney for the state in the courts below, and removed to such supreme court, and for such service the said court shall allow and tax in favor of such attorney, a reasonable compensation.

General Assembly, October Session, 1812.

SYLVANUS BACKUS, Speaker

of the House of Representatives., JOHN COTTON SMITH, Lieutenant-Governor. Attest. THOMAS DAY, Secretary.

CHAP. XI.

An Act relating to the Gaol in the county of

Middlesex.

WHEREAS the County of Middlesex is at present destitute of a Gaol,

akeriff may B

E it enacted by the Governor and Council and House of Representatives in General Court assembled, That unliberty of pris til there shall be a gaol in said county, it shall be lawfor

take bonds for

Chap. XII. Jurymen. Chap. XIII. Sheriffs.

gaol.

for the sheriff thereof, in all cases wherein bonds may on though now by law be taken for the liberty of the yard, to take there is no bonds with surety of any person by him arrested, or delivered into his custody by any legal officer within said County, which delivery said officer is hereby empowered to make; conditioned that such person shall remain a faithful prisoner, within the limits of the last gaol-yard in said county, or such other limits as the county court of said county may prescribe, and in the event of a breach of said bond, the same remedy may be had thereon as if the person in custody as aforesaid had been duly committed, and bond been taken for the liberty of the gaol-yard.

General Assembly. October Session, 1812.

SYLVANUS BACKUS, Speaker

of the House of Representatives. JOHN COTTON SMITH, Lieutenant-Governor. Attest. THOMAS DAY, Secretary.

CHAP. XII.

An Act in addition to an Act entitled "An Act concerning Grand Jurymen."

B

E it enacted by the Governor and Council and House of
Representatives in General Court assembled, That the

Grand Jurors hereafter to be chosen by the respective Number of towns, shall consist of a number not less than two, nor grand jurors more than six in any one town.

General Assembly, October Session. 1812.

SYLVANUS BACKUS, Speaker

of the House of Representatives. JOHN COTTON SMITH, Lieutenant-Governor. Attest. THOMAS DAY, Secretary.

CHAP. XIII.

An Act in addition to and alteration of an Act, entitled "An Act for appointing Sheriffs, and for empowering and regulating them in their office."

BE it enacted by the Governor and Council and House of

Representatives in General Court assembled, That

in each town!

the sheriff of the county of New-Haven be, and he hereby Sheriff of New is authorized and empowered to appoint one deputy for Haven county the county of New-Haven, in addition to the number may appoint an additional now authorized by law. deputy.

General Assembly, October Session, 1812.

SYLVANUS BACKUS, Speaker
of the House of Representatives.

JOHN COTTON SMITH, Lieutenant-Governor.
Attest. THOMAS DAY, Secretary.

Duty of the Courts to state the law to the jury and submit the fact.

Proviso,

Trespass to Bridges, &c.

Chap. XIV. Pounds. Chap. XV. Actions civil.

CHAP. XIV.

An Act repealing part of an Act therein mentioned.

BE it enacted by the Governor and Council and House of

Representatives in General Court assembled, That the 17th section of an Act, entitled "An act for providing and maintaining pounds, and for regulating the impounding creatures and for preventing rescues and pound breach," be and the same is hereby repealed.

General Assembly, October Session, 1812.

SYLVANUS BACKUS, Speaker

of the House of Representatives..

JOHN COTTON SMITH, Lieutenant Governor. Attest. THOMAS DAY, Secretary.

CHAP XV.

An Act concerning trials by Jury.

BE it enacted by the Governor and Council and House of

Representatives in General Court assembled, That it shall be the duty of the superior, county, and city courts, in committing any cause, whether civil or criminal, to the jury, to state to them their opinion as to the law arising in the case, and to submit to them the questions of fact without any opinion thereon.

Provided, That nothing herein contained, shall be considered to imply, that said courts had, or had not, before the passing of this act, the power to give any directions to the jury, as to finding the facts.

General Assembly, October Session, 1812.

SYLVANUS BACKUS, Speaker of the House of Representatives.

JOHN COTTON SMITH, Lieutenant-Governor. Attest. THOMAS DAY, Secretary.

CHAP. XVI.

An Act in addition to an Act entitled "An Act for detecting and punishing trespasses in divers cases and directing proceedings therein." $ 1. BE it enacted by the Governor and Council and

House of Representatives in General Court assembled, That if any person shall wilfully commit a trespass upon any bridge over any river, creck, or tide-waters in this state by removing or destroying any of the stone, wooden-work, or other materials belonging to such bridge;

Chap. XVI. Trespasses.

or shall remove or destroy any stone, wood, or earth which may be placed for the security or preservation of

any such bridge, such person shall, on conviction, pay Treble dama treble damages to the town, corporation, or proprietors ges for and owning such bridge, and a fine not exceeding seven dol- fine.

lars for the use of the treasury of the county in which

such trespass may be committed.

en without

§ 2. Be it further enacted, That if any person shall Shell-fish acatch any shell-fish that may grow either on the stone or bout bridges, wooden work of any bridge. or on any stone or wood not to be takwhich may be placed to preserve the same, without the lib- licence. erty of the town, corporation, or proprietors owning such bridge, be first had in writing, such person shall pay a fine not exceeding seven dollars, for the use of the treasu- Penalty for. ry of the county in which the facts complained of are committed.

§ 3. Be it further enacted, That if any person or per- Defacing mile sons shall pull down, break, or deface any mile-stone, stones, &c. post-guide or other monument for the direction of travellers, or any railing which may by law be erected on any Causeway or public road for the safety of travellers, such person or persons shall pay to the town, corporation, or proprietors owning such mile-stone, post-guide, other monument, or railing, treble damages, and a fine not ex- Penalty for ceeding seven dollars, for the use of the town where the offence is committed. And that the third paragraph of

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the act entitled "An act to oblige the several towns on Repeal. "the post-roads to erect monuments shewing the distan

<t ces from the several county towns on said roads," be and

the same is hereby repealed.

S4 Be it further enacted, That if any of the trespasses Trespasses in before mentioned in this act, be committed by any person night may be in the night season, who, on conviction, shall refuse or punished by neglect to pay the fines imposed by virtue of this act, the imprisonment. court before whom such conviction is had, shall cause the delinquent so refusing or neglecting to be imprisoned for

a space of time, as the nature of the offence may require, not exceeding sixty days.

§ 5. Be it further enacted, That any one assistant or Breaches of justice of the peace of the town not interested in any suit this act where brought for a breach of this act, have jurisdiction thereof, tried except when the damages demanded amount to more

than fifteen dollars, any thing in any law to the contrary

notwithstanding.

General Assembly, October Session, 1812.

SYLVANUS BACKUS, Speaker

of the House of Representatives.

JOHN COTTON SMITH, Lieutenant-Governor.

Attest. THOMAS DAY, Secretary.

ers of ferry may notify selectmen of defects and order repairs,

&c.

Chap. XVII. Ferries.

CHAP. XVII.

An Act relating to Middletown Ferry.

§ 1. BE it enacted by the Governor and Council and

House of Representatives in General Court as

sembled, That the commissioners of the Middletown Commission- ferry across Connecticut river from the city of Middletown to the town of Chatham, which have been, or shall hereafter be appointed, in addition to powers heretofore vested in them by law, are empowered and directed, as often as they find that the town of Middletown do not furnish, keep and attend said ferry according to law, or cause the same to be done, to notify one of the select-men of the said town of Middletown, in writing, pointing out particularly the defect or deficiency complained of, with an order to such selectman, that such defect or deficiency relative to said ferry, be repaired or furnished according to law by said town of Middletown, within a reasonable time limited in such order; and in case said order is not complied with by the said town of Middletown in the time limited, it shall be the duty of the commissioners to cause such deficiency or defect to be repaired or furnished as soon as possible, to answer the law, and make report of the expence of the same to the county court in the county of Middlesex : and said court shall liquidate such expence and grant execution therefor in favor of said commissioners, against said town of Middletown.

If their order is not complied with, may cessary at the

do what is ne

expence of

the town to be liquidated by the county

court.

May displace ferrymen.

§ 2. And be it further enacted, That in case said commissioners shall find any ferryman negligent of his duty, in attending said ferry, or unqualified for the same, they shall have power to suspend or displace such negligent or unqualified ferryman, giving written notice of the same to one of the selectmen of sad town of Middletown; and thereupon it shall not be lawful for such ferryman to attend said ferry, until such suspension snall have expired, or until he shall be restored by said commissioners, and said town shall thereupon immediately employ another May prescribe man to attend said ferry; and the number of ferrymen the number of to attend each boat shall be prescribed by the commissionferrymen, may ers And in case the said selectmen, when notified, shall

employ men if selectmen neglect.

not forthwith employ another ferryman, it shall be the duty of the commissioners to employ one at the expence of said town, so long as said selectmen continue in such neglect, and such expence shall be recovered in manner aforesaid. General Assembly, October Session, 1812.

SYLVANUS BACKUS, Speaker ` of he House of Representatives.

JOHN COTTON SMITH, Lieutenant-Governor. Attest. THOMAS DAY, Secretary.

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