USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 37
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OF CONNECTICUT
1784.
State to and for the Use of this State; but if the Person seizing Libelling and prosicuting be a Naval Officer of this State or a Collector appointed according to this Act or an informing Officer, one fifth part thereof shall after deducting the Cost of Prosecution be to the Use of the Naval Officer Collector or Informing Officer so seizing Libelling and prosecut- ing and four fifths thereof to the Treasurer of this State to and for the Use of this State; And all Naval Officers, and said Collectors and informing Officers are hereby directed to make diligent Enquiry after and prosecute all Breaches of this Act.
And to prevent Doubts and Controversies relative to the Mode of Proceeding in Cases of Seizures made by Virtue of this Act- Be it further Enacted That every Person intending to make a Seizure by force of this Act shall make Complaint in Writing to some Assistant of this State or Justice of the Peace within and for that County in which the Vessell or other property to be Seized is in, such Complaint stating the Cause of Prosecution, and thereupon such Assistant or Justice having taken a Recognizance with good and sufficient Surety to the Treasurer of this State to a sufficient Amount Provided the Complaint is made by a Private Person that the Complainant shall prosecute his Complaint to effect and pay all such Costs and Damages which the Owner or Owners of the Property Seized may suffer or sustain by such Seizure and Prose- cution, together with all such Costs as shall be taxed in favour of the Claimant or Claimants by the Court finally trying said Cause, may and shall Issue a Warrant under his Hand a directed to some proper Officer him Commanding to Seize the Ship Vessell or Boat complained against together with her Tackle Apparrel Furniture and Cargo, whether on Board or unladen, and the same having seized to Cause to be Inven- toried by two Judicious Freemen Nominated in such Warrant, and keep in safe Custody till released by due Order of Law, and the Officer serving such Warrant shall forthwith Cause the Property by him Seized to be Inventoried by the Freemen in his Warrant Named, and such Property shall not be removed from the Store or Place where Seized untill such Inventory shall have been made and Signed by said Fremen, and a Copy thereof left at the Store or Place where the Property is Seized, or with the Owner thereof, if known by such Officer, and no Naval Officer or Collector appointed by force of this Act or Informing Officer, shall be Obliged to give Bond on any Warrant by them or either of them taken out on any Complaint made in their official Capacity, and no property seized by force of this Act shall be repleivable, And all Ships and Vessels of the Burthen of thirty five Tons or more with their Tackle Apparel Furniture and Cargoes Seized by Virtue of this Act shall within forty eight Hours after Seizure be libelled before the Judge of the County Court of that County in which Seized, or if such Judge is absent out of the County at the Time of Libelling, before the Senior Justice of the Quorum of such County present therein at the Time of Libelling ; And the County Court of that County in which such Seizure is made shall have full Power to hear try and determine said Libel according to the Provisions of this Act and the Person before whom
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PUBLIC RECORDS
May,
the Libel is filed shall thereupon forthwith Issue a Montion in Writing under his Hand appointing the Time and Place of holding a County Court for the Tryal of such Libel, which County Court such Judge or Justice of the Quorum are hereby respectively Impowered to convene and such Monition shall as soon as may be thereafter be published for two successive Weeks exclusive of the Day of Tryal, in some public Newspapers in or nearest the Town where the Seizure is made ; and the Judge or Justice of the Quorum Issuing such Monition, shall in no Case appoint the Time of Tryal at the distance of more than twenty Days from the Date of the Monition, which shall in all Cases bear Date within forty eight Hours after the Seizure is made, and all Vessels and Boats under the Burthen of twenty five Tons and their Tackle Apparel Furniture or Cargoes Seized by Virtue of this Act shall and may be Libelled before the Judge of the County Court, and the Seignior Justice of the Quorum of that County in which the Seizure is made present in said County at the Time of Libelling, or in case the Judge of said County Court is absent out of said County at the Time of Libelling the same may be Libelled before the two Seignior Justices of the Quorum of such County present in such County at the Time of Libelling, And the said Judge and Justice of the Quorum or two Justices of the Quorum shall as to such Libel have the same Powers and Authorities, as the County Court by this Act have in Cases of Libels filed against Ves- sels and their Cargoes of thirty five Tons Burthen or Upwards. And a Monition signed by either of the Persons before whom by this Clause of this Act the Libel is to be filed shall be good and effectual, and the same Rules shall be observed with respect to the Date and Time of Pub- lishing such Monition, and appointing the Time of Tryal of such Libels that are herein before Provided in Cases of Libels to the County Court, And the Senior Justice of the Quorum shall be the Clerk of such Court, and shall be entituled to have and receive the same fees as the Clerk of the County Court by this Act is entituled to receive, And no Person shall be admitted to file his Claim on any Libel in any of the Cases aforesaid untill he shall have become bound to the Libellant before the Court before which the Libel is pending, with good and sufficient Surety. Jointly and severally, in a Recognizance to such amount as by such Court shall be directed, to prosecute his Claim to effect and pay all such Costs as shall be occasioned by filing such Claim and be allowed and taxed by such Court ; And such Claimant may in any of the Cases afore- said put in such special Claims as he may think proper and the Libellant shall on such Claim either specially reply Traverse Join Issue or Demurr and the Parties shall have the same Rights as to Pleading as Parties by Law have in Ordinary comon Law Cases. And in all the Cases afore- said the Cause shall be heard by the Court without a Jury, and an Appeal shall be allowed to either Party to the next Superior Court to be holden in that County where the Tryal is had; And in Case the Libellant shall prevail against the Claimant, the Court before whom the Tryal is had shall Tax the Costs Occasioned by such Claim against the Claimant and his Surety, and Grant Execution against them or either of them therefor
333
OF CONNECTICUT
1784.
in Common form under the Hand of the Clerk of the Court. And in Case the Claimant shall prevail against the Libellant, the Court before whom the Tryal is had shall Tax Cost in favour of the Claimant against the Libellant and his surety and grant Execution against them or either of them for such Cost in Common form under the Hand of the Clerk of the Court Provided the Libellant be a Private Person, but no Cost shall in any Case be taxed in favour of a Claimant against a Libellant who is a Naval Officer Collector or Informing Officer libelling in his Official Capacity, And the Judges and Justices of the Quorum aforesaid shall be allowed the same fees per Diem in any of the Cases aforesaid as they are allowed when sitting at a County Court, And the Clerks fees Sheriffs fees Witnesses Fees Libellants fees, and Attorneys fees, shall be as Stated and set in the following Table-
viz-
Clerks Fees
4
S d
For Citation for Appearence
0
2 0
For Summons for a Witness
0
1 0
For filing Papers & taxing Cost
0
3 0
For Interlocutory Decree Recording &c
0
2 0
For a Definitive Decree & Recording
0
6
0
For taking every Evidence in Court
0
1
0
For a Copy of a Libel
0
3
0
For a Copy of a Decree
0
6 0
For a Retraxit
0
1 0
For all Money paid into Court on Condemnation One
eighth per Cent Poundage
For entering a Motion for Appeal
0
1 0
For allowing or disallowing thereof
0
1
4
For all Copies not exceeding one sheet
0
1 0
If above one Sheet for every Sheet each Sheet contain- ing 400 Words
0
1 0
For every Adjournment
0
1
3
For every Bond to prosecute an Appeal
0
1 6 Sheriffs Fees
For serving all Writs Citations and Warrants the same fees as is already by Law allowed in other Cases-
One half per Cent upon the Sale of any Vessell Cargo and appurtenances Condemned, Provided the Amount thereof doth not exceed one Thou- sand Pounds, but when the Value and Sale of such Vessell Cargo and her Appurtenances shall exceed One Thousand Pounds, then the said Sheriff shall have one half per Cent upon the first Thousand Pounds, and one eighth per Cent upon all Sums over-
For Witnesses per Day
For their Travel per Mile
0 0 4
Attorneys Fees
0 4 0
For drawing a Libel 0 6 0
For Pleading thereto and attending the
Court such fees as the Court shall Judge reasonable.
334
PUBLIC RECORDS
May,
And be it further Enacted by the Authority aforesaid, That the Mas- ter of every Ship or Vessell of the Burthen of thirty five Tons or more who shall not duly enter his Ship or Vessell at the Proper Naval Office and also make a Manifest, and pay or Cause to be paid or secure or cause to be Secured the Duties payable by this Act, according to the Provisions aforesaid, or out of whose Ship or Vessell any Article what- ever shall be Landed or the Bulk of whose Ship or Vessell shall be broken before the Provisions of this Act relative to entering, making a Manifest, paying or securing to be paid, the Duties payable by this Act shall have been compleatly complied with shall forfeit and pay the Sum of five hundred Pounds,-And in Cases of Vessels or Boats under the Burthen of thirty five Tons, the Master shall in the Cases specified in the next preceding Paragraph forfeit the Sum of One Hundred Pounds.
And be it further Enacted by the Authority aforesaid that there shall be appointed by the respective County Courts of the several Counties within whose Limits the several Towns in which the Collectors by this Act directed to be appointed are Situate, to continue in Office during the Pleasure of the General Assembly, a Collector in each of the Towns of Greenwich Stamford Fairfield, Stratford Milford, Derby Branford Guilford, Killingworth Saybrook Lyme, Groten Stonington, Preston Voluntown Killingley Pomfret Woodstock Union Stafford Somers Enfield Suffield Symsbury Hartland Colebrook Norfolk Canaan Salis- bury Sharon Kent New Milford New Fairfield, Danbury Ridgfield Haddam East Haddam Chatham Weathersfield Glastonbury Hartford East Hartford, Windsor East Windsor and Windham, which Collectors shall each give Bonds with two sufficient Sureties to the Treasurer of this State in the Sum of five Hundred Pounds, That such Collector shall well and faithfully to the best of his Abilities Collect all such Duties as by this Act are to be by him Collected and that he will once in three Months faithfully transmitt to the Treasurer of this State for the Time being a true and Just Account under Oath of all such Duties as shall be by him Collected, and also a true and Just Account of such Duties as have been secured to be paid to him according to the Provision of this Act, and that he will once in three Months pay over to the said Treasurer all such Monies or Certificates for Interest as he shall receive for Duties Imposed by this Act, and each Collector shall before some Assistant or Justice of the Peace previous to his entering upon the Execution of his Office take the following Oath-
You swear by the Name of the everliving God that You will well and faithfully execute the Office of Collector of Import so long as You shall Continue in said Office according to the Condition of the Bond You have given as Collector as aforesaid, So help You God.
And be it further Enacted by the Authority aforesaid That every Person Importing by Land from any Place out of this State into either of said Towns either for the Purposes of Traffic or his own Consump- tion any Articles whatever, by this Act liable to a Duty, shall within twenty four Hours after such Articles or Articles [sic] shall have been
335
OF CONNECTICUT
1784.
thus Imported render under Oath a true and Just Account in Writing of the Quantity and kind of each Article thus Imported, which Oath such Collector is hereby Impowered to administer And such Person shall thereupon at the Time of rendering such Account pay in Hand to such Collector the Duty payable on such Articles or if the Amount of the Duties exceed the Sum of four Pounds become bound to such Col- lector in a Bond with two sufficient Sureties, in the same manner in all respects as is herein before prescribed with respect to Duties payable to a Naval Officer, and it shall be the Duty of the Naval Officer or Collector to whom a Manifest or Account shall be, according to the Requirement of this Act exhibited, And the Duties Payable on the Goods Wares and Merchandize enumerated in such Manifest or Account paid to give a Certificate thereof, if required by the Person exhibiting such Manifest or Account and paying such Duties; and if at the Time of seizing any Ship Vessel Boat Goods Wares or Merchandize, there shall not be exhibited such Certificate to the Officer making such Seizure by the Person from whom taken, or some other Person in his behalf, no Cost or Damage shall be allowed the Prosecutor of such Ship Vessell Boat Goods Wares or Merchandize, although such Prosecutor may pre- vail against the Libellant on a Claim and Tryal any Thing in this Act to the Contrary notwithstanding. And if any Person whatsoever shall Import by Land into this State any Article whatsoever lyable by this Act to the payment of a Duty and shall not render an Account thereof to the Collector and also pay or secure to be paid as the Case shall require the Duties payable by this Act according to the Provisions of this Act every such Article so Imported together with the Horse or Horses Oxen Cart Waggon or Carriage used and employed in Importing the same or transporting the same from one place to another after having been so Imported shall be forfeited in the same manner, and may be seized Libelled and proceeded against in the same manner and disposed of to the same Persons and purposes as is herein before Provided with respect to Vessels or Boats under the Burthen of thirty five Tons and their Cargoes that are forfeited by this Act, And every Person who shall Import by Land into this State or be aiding or assisting therein any Articles whatever liable by this Act to the Payment of a Duty without rendering a true and Just account thereof according to the Provisions of this Act to the Proper Collector and paying or securing to be paid the Duties Payable on such Articles according to the Require- ments of this Act shall forfeit and pay for each Offence double the value of such Articles, and all the foregoing Pecuniary Penalties shall be recoverable by Action of Debt brought before any County Court proper to try the same, and shall be in Case of being sued for by any Private Person one half to him who sues for and recover the Same and the other half to the Treasurer of this State to and for the Use of the State, And in Case of being Sued for by a Naval Officer or Collector appointed by this Act or any Informing Officer, such Penalty shall one fifth part thereof be to the Naval Officer Collector or Informing Officer
336
PUBLIC RECORDS
May,
suing therefor, and the other four fifths to the Treasurer of the State to and for the Use of this State,
Provided nevertheless, That when any of said Penalties shall be sued for by a Naval Officer Collector or Informing Officer, the Defendt in such Action shall not recover any Cost against such Plantiff notwith- standing the Cause may have been Decided in favour of the Defendt, nor shall the Defendt in such Case be liable to pay Cost to such naval Officer. And it is hereby declared to be the Duty of said Naval Officer Collector and all Informing Officers to Prosecute every Breach of this Act, where a Pecuniary Penalty is thereby Incurred.
And be it further Enacted by the Authority aforesaid that every Naval Officer and Collector, as soon as any Bond taken by him for the payment of Duties shall become due, shall as soon as may be put the same in Suit against all the Obliger, and no Appeal or revue shall be allowed in any such Suit, and those Bonds that are not Cognizable by a Single Minister of Justice may be put in Suit before any Court proper to try the same, who are hereby Authorized to hear try and determine the same without a Jury Tax Costs and grant Execution in Common Form.
And be it further Enacted by the Authority aforesaid, That the Monies arising from the Duties Imposed by this Act, shall be appro- priated to pay the Interest of the Monies Loaned to this State, and the respective Naval Officers and Collectors may receive Certificates of Interest by the Treasurer of this State for such Duties.
Provided nevertheless that no Certificate for Interest bearing Date before the first Day of last February shall be receivable by such Naval Officers or Collectors.
Provided nevertheless, That nothing in this Act contained shall be Construed to oblige the Master of any Sloop or Vessell of thirty five Tons Burthen or more bound to any other Port in this State or to some Port in any other State that may happen to come into some Port Har- bour or Creek, other than that to which such Ship Vessell or Boat is destined, to enter such Ship or Vessell at the Naval Office of that Port in which such Ship or Vessell may happen to come, Provided the Master of such Ship or Vessell do not Continue in such Port Harbour River or Creek, more than seventy two Hours, or in Case of being obliged through stress of Weather to continue longer do make Report of his Ship Vessell and Cargo to the proper Naval Officer as soon as may be after said seventy two Hours.
And Provided nevertheless, That no Master of any Vessell or Boat under the Burthen of thirty five Tons that may happen to come into some Port Harbour River or Creek in this State, but bound to some other Place in this State or to some other Place in another State, shall by force of this Act be compellable to make a Manifest of his Cargo to the Collector of that Town in which such Vessell or Boat may happen so to come Provided such Vessell or Boat do not continue in such Port or Harbour more than seventy two Hours, or in Case of being obliged by
337
OF CONNECTICUT
1784.
Stress of Weather do continue longer, the Master thereof do make Report to such Collector of her Cargo as soon as may be after seventy two Hours.
And be it further Enacted by the Authority aforesaid, That the Col- lector to whom the Master of any Vessell or Boat under the Burthen of thirty five Tons, shall make and exhibit a Manifest agreeable to this Act, shall be entituled to receive from such Master six shillings for receiving such Manifest and administering the Oath required thereto and shall also be entituled to receive for every Bond by him taken for Duties the Sum of two shillings and the respective Naval Officers shall be entituled to the same fees for like Services, And the Naval Officer to whom the Master of any Ship or Vessell of thirty five Tons Burthen or more, shall make and exhibit a Manifest according to this Act shall be entituled to receive from such Master nine shillings for receiving such Manifest and administering the Oath required thereto, and two shillings for each Bond by him taken for the Payment of Duties.
And Whereas it often Happens that Goods Wares and Merchandize the property of Citizens of the Neighbouring States, are Shipped on Board of Ships Vessells and Boats the Property of sd Citizens of this State, and Imported into this State in order to be from this State transported to some other States.
Be it Enacted by the Authority aforesaid, That in all the Cases afore- said such Goods Wares and Merchandize shall be exempted from the Payment of the Duties by this Act imposed. Provided the Person owner of such Goods, or some other Person in his or their behalf do within twenty four Hours after the Ship Vessell or Boat in which the same were Imported into this State at the Port of delivery in this State, become bound to the naval Officer of the Port of a Ship or Vessell of thirty five Tons or more or to the Naval Officer or Collector of the Town if under the Burthen of thirty five Tons in a Sum equal to the value of the Goods Wares and Merchandize thus intended to be trans- ported out of this State, that such Goods shall not be sold in this State, but transported out therefrom within one Week, And the Naval Officer or Collector taking such Bond shall receive from the Person giving the same three shillings lawfull Money.
And be it further Enacted That when any Naval Officer Collector or informing Officer shall by Virtue of this Act Seize and Libel any Vessell Boat Goods Wares or Merchandize or shall Commence any Suit for the recovery of any of the Pecuniary Penalties of this Act, and shall fail of supporting such Libel or such Action, the Cost of such Naval Officer Collector or Informing Officer shall be defrayed out of the Public Treasury of this State, and the Court before which the Tryal is had, in either of the Cases aforesaid shall tax such Cost and draw an Order therefor on the Treasurer of the State accordingly.
And be it further Enacted by the Authority aforesaid, That if any Person exhibiting a Manifest Invoice or Account, according to the Requirements of this Act and making Oath to such Manifest Account or
338
PUBLIC RECORDS
May,
Invoice, shall be convicted of falsifying the Truth in any Particular, which such Oath respects; the person so falsifying the Truth shall be adjudged Guilty of wilfull Perjury, and shall suffer the Pains and Penalties to be inflicted, according to the Provisions of a certain Statute of the State, Entituled An Act for the Punishment of Perjury, and any Person convicted of willfull and corrupt Perjury against the form of said Statute. And the Naval Officers Collecting Duties by force of this Act, shall be Entituled to receive out of the Duties by them Collected at the Rate of two and a half per Cent for their Labour Trouble and expence in and about the Execution of the Duties of their said Office, And the Collectors appointed in pursuance of this Act shall be entituled to receive out of the Duties by them Collected, at the Rate of five per Cent for their Labour Trouble and expence in and about the Execution of the Duties of their Office.
An Act in addition to an Act entitled an Act for laying an Excise on sundry Articles of Consumption within this State.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same-That the Act aforesaid shall extend and the same is hereby extended in every Article and Provision thereof to every Intent and Purpose to all Goods Wares and Merchandize not enumerated in said Act except the Growth and Manufacture of this or the United States that shall from and after the first Day of July next. be sold by retail within this State and that the Excise to be paid on all Articles to which said Act did extend laying an Excise of five per Cent, and to which it is hereby extended, shall be two and half per Cent on the Value thereof in Lawfull Money at the Time of purchasing or procuring the same by the Person or Persons, who shall Retail or consume the same, any Law Usage or Custom to the contrary notwithstanding-
And Whereas Doubts have arisen in some Cases as to what shall be considered Selling by Retail within the Meaning of said Act Be it fur- ther Enacted by the Authority aforesaid, That all Sales that shall here- after be made in this State of Imported Wine or distilled Spirits by less Quantity than forty Gallons Bohea Tea by less Quantity than seventy five Pounds, other Teas by less Quantity than fifty Pounds, Coffee by less quantity than one hundred Pounds neat Weight, Imported Choc- olate by less Quantity than fifty Pounds, Imported Loaf Sugar by less Quantity than One Hundred Pounds neat Weight: other Imported Sugars by less Quantity than two hundred Gross Weights, and all Imported Salt by less Quantity than thirty Bushels at one Time shall be Considered a Selling by Retail within the meaning of said Act; And that all Sales that shall hereafter be made of any other Goods or Articles enumerated in said Act, or to which the same is by this Act extended as aforesaid to any Person or Persons whatever, except by wholesale to some Retailers in this State duely Licensed as in said former Act is provided, and whose Licence shall be in force and produced to the
339
OF CONNECTICUT
1784.
Venders at the Time of such Sale, shall be considered a Selling by Retail within the meaning of this Act and be subject to the Payment of the Excise accordingly.
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