« ПредишнаНапред »
vided, that such suit shall be brought within one year
TITLE 20. Counties.
An Act for stating, limiting, and naming the
E it enacted by the Senate and House of Representatives, in General Assembly convened, That the towns of Hartford, Berlin, Bristol, Burlington, Canton, East-Hartford, East-Windsor, Enfield, Farmington, Glastenbury, Granby, Hartland, Marlborough, Simsbury, Southington, Suffield, Wethersfield and Windsor, shall be and remain one county, by the name of the County of Hartford. sect. 2. The towns of New-Haven, Branford, Cheshire, Derby, East-Haven, Guilford, Hamden, Meriden, Middlebury, Milford, North-Haven, Oxford, Southbury,
Limitation of suit.
Party making satisfaction, to have like remedy over.
Power of treasurer and cashiers to seize counterfeit coin.
Supreme court of errors constituted.
Wallingford, Waterbury, Wolcott, and Woodbridge, shalf
TITLE 21. Courts.
An Act for constituting and regulating Courts, and for appointing the times and places of holding the same.
E it enacted by the Senate and House of Representatives, in General Assembly convened, That there shall be a supreme court of errors in this state, which shall consist of one chief judge and four associate judges, who shall be appointed for that purpose, from time to time, by the general assembly, any three of
whom, when met for that purpose, agreeably to law, shall constitute a quorum, for doing the business of said court. sect. 2. Every cause that shall be brought to, or removed for trial, into the supreme court of errors, shall be entered and tried in that county, where such cause, or judgment complained of, was originally entered, tried or rendered in the superior court; and the clerks of the superior courts, in the several counties, shall be clerks of the supreme court of errors, in their respective counties: Provided nevertheless, that the secretary of state is empowered and authorized to give certified copies of the records of the supreme court of errors, remaining in his office. sect. 3. The supreme court of errors shall have final and conclusive jurisdiction of all matters, brought by way of error, or complaint, from the judgments or decrees of any superior court, in matters of law or equity, wherein the rules of law, or principles of equity, appear from the files, records, or exhibits of said court, to have been mistakenly, or erroneously adjudged and determined; and said supreme court of errors is hereby empowered, authorized and enabled to take cognizance of all such causes as shall be brought before them, as aforesaid, and are invested with all the power and authority, necessary for carrying into complete execution, all their judgments, decrees, and determinations, in the matters aforesaid, according to the laws, customs and usages of this state ; and their judgments, decrees, and determinations, shall be final and conclusive, on all concerned. sect. 4. The supreme court of errors shall, from time to time, as shall be necessary, assign to the judges thereof the county or counties, in which they shall respectively hold a superior court, as is hereinafter provided ; but the same judge shall not hold a superior court in the same county, at two successive terms thereof. sect. 5. The supreme court of errors are hereby empowered to institute such rules of practice, for the regulation of said court, and of the superior courts, in the several counties, as shall be deemed most conducive to the administration of justice. sect. 6. Whenever, by any casualty, none of the judges of the supreme court of errors shall attend, on the day; and at the place, appointed by law, for the holding of said court, the sheriff of the county where said court is appointed to be holden, may adjourn the court from day to day, till one or more of said judges do attend, and then such judge, or judges, as may attend, may adjourn said court from day to day, till a quorum be present; or they may. (or if none attend, within twenty-four hours after the time appointed for holding said court, the said sheriff is directed to,) continue the causes there pending. and adjourn accordingly, without day. sect. 7. In all causes decided by the supreme court of errors, the judges shall publicly assign the reasons of their judgment, at the term in which the cause shall be decided, or at the next succeeding term. sect. 8. The supreme court of errors shall, annually, appoint a reporter of the judicial decisions of said court, who shall receive such compensation for his services, as the general assembly shall, from time to time, direct. sect. 9. Be it further enacted, That there shall be a superior court of judicature of this state, to be holden annually, in each of the counties thereof, at the times and places hereafter in this act designated, by one of the judges of the supreme court of errors, assigned for that purpose, as is herein before provided; which court shall have cognizance of all causes, of a criminal nature, as is. or shall be, prescribed by law ; and shall also have cognizance of all causes, real, personal, or mixed, of a civil nature, between party and party, which shall be brought before it, by appeal, writ of error, scire-facias, complaint, petition, or otherwise, according to law, and the same to try, by a jury, or otherwise, as the law may direct, and therein to proceed to judgment, and award execution thereon. But in all trials before the said court, when the punishment, in case of conviction, is death, the said superior court shall consist of at least two judges ; and the judge who may be assigned to hold the court, where such trials are to be had, shall call to his assistance, one or more of the other judges of the supreme court of errots, sect. 10. And the superior courts shall, also, have jurisdiction of all suits for relief in equity, wherein the value of the matter, or thing in demand, exceeds the sum of three hundred and thirty-five dollars, and to enquire into the facts relating to the same, by themselves, or by a committee, and proceed therein to final sentence and decree, and enforce the same, according to the rules of equity; and all suits for relief in equity, against any judgment given, or cause depending at law, in the superior court, shall be brought to the said court. sect. 11. The chief judge of the supreme court of errors, or in his absence i. the state, or inability to act, any two of the other judges, are hereby empowered to call a special superior court, upon any extraordinary occasion, and to designate the judge or judges, who shall hold the same.
Causes, where tried.
Who to be clerks.
Secretary of state to certify copies.
Jurisdiction of supreme court of errors, and
To assign judges of the superior court.
Institute rules of practice.
If no judge attend, &c. the court to be adjourned.
Judges to assign reasons.
To appoint a reporter.
Superior court constituted.
Its jurisdiction ; criminal ;
In capital cases, two judges, at least, to
hold the court.
Special superior court may be holden.
sect. 12. When the judge, assigned to hold the superior court in any county, shall, by sickness, or other casualty, be prevented from holding the same, the chief judge is hereby authorized and directed to hold the same, or to designate some other judge for that purpose; and wheneverit shall so happen that the judge assigned to hold any superior court, shall be absent, on the day, appointed by law for holding the same, it shall be the duty of the sheriff of the county, where such court is to be holden, to adjourn, by proclamation, the same, to the next day, and from day to day, till a judge shall appear to hold the same. sect. 13. The judges of the superior court are hereby fully authorized and directed, to appoint and swear a clerk of the superior court, in and for each county in this state, (and, if need be, an assistant clerk,) whose duty it shall be, and he is, hereby, fully empowered to grant executions on judgments rendered in and by said court, in the county in and for which he is appointed, and to do all things proper for him as clerk of said court, in the execution of his office, according to the rules, orders and directions of said court, and according to law ; and the records and proceedings of said court, in each county, shall be and remain in the custody of the clerk of said court, appointed in and for such county. sect. 14. The superior court shall have power, at every session, in all causes pending before them, which may require a hearing, or trial, at the next succeeding session, to order and direct, all pleas to be entered and closed, ready for trial; and said courts, may, when they deem it necessary, order such pleas to be filed, and entered in the offices of the clerks of said court, at any time during the several vacations. sect. 15. It shall be the duty of the superior court, in any county, whenever the state of the business pending before the same, shall require it, to adjourn any session thereof, from time to time, as shall be deemed expedient. sect. 16. Be it further enacted, That there shall be held and kept in each county in this state, yearly and every year, at the times and places hereafter, in this act, mentioned, two or more sessions of the county courts, by a chief judge, and two associate judges, appointed and commissioned for that purpose; any two of whom shall have power to hold said courts; which shall have power to hear, examine, try and determine, by a jury or otherwise, all causes of a civil nature, real, personal, or mixed, and also all criminal matters, which may be regularly brought before them, according to law ; and shall also have jurisdiction of all suits, for relief in equity, wherein
When the judge, assigned to hold the court, is prevented, or does not appear, how to proceed.
Judges of superior court to appoint a clerk;
his duty and
Judges may order times for pleading, &c.
May adjourn a session.
County courts constituted;
civil ; criminal; chancery.