USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 38
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And be it further Enacted by the Authority aforesaid that the Excise for the future on all Imported Wines shall be nine pence per Gallon, on all Imported Brandy six pence per Gallon, on all Imported Geneva six pence per D°; on all Bohea Tea four pence per Pound, on all other India Tea one shilling and six pence per D°; on Imported Chocolate two pence per Pound, on all Imported Malt Liquors six pence per Gallon, on all foreign Salt three pence per Bushell on all Brown Sugar half penny per Pound; any Law Usage or Custom to the Contrary notwithstanding.
And be it further Enacted by the Authority aforesaid, That the Col- lectors of Excise shall upon their rendering their Account to the Treas- urer of the State agreeable to the Provision of said Act, take a Cer- tificate from the Treasurer of their having so done and lodge the same with the Clerk of the County Courts in the County to which they respec- tively belong within One Month from the Time of taking the Same on Pain of forfeiting the Penalty of their sd Bonds, And it shall be the Duty of the States Attorneys in these respective Counties to enquire after such Certificates and to prosecute all delinquent Collectors for Breach of this Act.
And be it further Enacted by the Authority aforesaid, That for the future the several Collectors of Excise in this State, shall be entituled to receive only five per Cent on the Moneys Collected instead of seven and a half per Cent which they have been heretofore allowed by said Act.
An Act laying a Duty in certain Cases.
Whereas a considerable Part of the Expence arising annually to this State for the Support of Civil Government, is incurred in the executive and Judicial Departments, as an Expedient and further mean for Pro- viding for the same.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, that there be laid and raised for the Purpose aforesaid the following Duties on Sums viz On all Writs returnable for Tryal before a Single Minister of the Law One shilling to be paid at the Time of Issuing the same, and to the Authority that shall sign them, on all Writs returnable for Tryal before any Court of Common Plea or City Court two shillings payable as aforesaid On all Writs returnable for Tryal before the Superior Court six shillings payable as aforesaid, On all Writs returnable for Tryal before the Supreme Court of Errors twelve shillings payable as aforesaid ; On all Appeals from the Judgment of a Single Minister of the Law three shillings payable to such Minister at the Time of Grant- ing the same, on all Appeals from a Judgment of the Court of Com- mon Pleas or a City Court six shillings, and on all Continuances in the
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Courts of Common Pleas and City Courts nine Pence, and in the Supe- rior Courts one shilling & six pence Payable to the Clerks of such Courts respectively at the Time of granting the Same, and on every Register of a Vessell taken out in this State six shillings payable in the Naval Office from whence the same shall Issue at the Time of taking out the Same.
And be it further Enacted by the Authority aforesaid that it shall be and it is hereby made the Duty of each and every of the Officers afore- said who are made Receivers of said Duties annually in the Month of May by the twentieth Day of said Month, to render an Account to the Treasurer of this State of all Moneys by them received in as aforesaid, specifying the Number of Writs and the number of Appeals on which the same has been received, and the same after deducting six pence on the Pound which shall be allowed them for their Trouble and Expence punctually pay over to said Treasurer, And that the Treasurer before the expiration of said Month of May annually shall make a return to the General Assembly of all said Accounts returned to him, and of the Names of such Officers who are made Receivers as aforesaid as shall have neglected to return their Accounts to him as aforesaid.
And be it further Enacted by the Authority aforesaid, That no Writ served after the first Day of July next or Appeal from the Judgment of a single Minister of the Law taken after that Time, or other Appeal taken after the rising of this Assembly on which a Duty is laid as afore- said, shall be valid or Authentic in Law, unless the Authority signing such Writ or Certifying the Copies of such Appeal, shall Certify thereon in Writing that said Duty thereon is paid.
Always Provided that no Duty to be paid on any Writ as aforesaid shall be taxed in a Bill of Cost against a Defendt in any Suit in Case he shall not appear but suffer a Judgment upon Default on the first calling of the same.
And be it further Enacted by the Authority aforesaid, That all Sums that shall or may be raised and Collected as aforesaid shall be and they are hereby Pledged and appropriated for the Sole Use of supporting the Civil Government of this State.
An Act in addition to, and alteration of an Act intitled an Act for the direction of Listers in their Office and Duty *-
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That every Ox or Steer of four Years old and upward shall be set in the List at three Pounds ; every Steer of three Years old and every Cow or Heifer of three Years old and upward at two Pounds every Heifer or Steer of two Years old at one Pound, all Bulls more than one owned by One Person shall be set in the List at this Rate of Steers or Oxen of the same Age That all Neat Cattle under two Years old shall be exempted out of the List. That the Listers in the several Towns in this State shall some Time in the Month of Septemb" next consider the Circum-
* Passed in May, 1779. Conn. State Recs., II, 256-263.
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stances and Quality of each Dwelling House in said Town respectively, and the Land adjoining thereto not exceeding one Quarter of an Acre and shall set in the List of the Owner or Owners of such House or Houses and Lands, the One half of the Sum or Sums said Listers shall Judge said House or Houses and Lands would Rent for annually, And that all Stores and Shops Leased or rented out for Storage or Mer- chandize or Grounds rented for Buildings erected by others thereon the Owner or Owners thereof shall be set in the List one half the annual actual Rent thereof or the Value thereof to be estimated by the Listers as aforesaid. And if any Person or Persons shall be aggrieved by the determination of such Listers, he or they shall have Liberty to Appeal to the Authority and select Men in the same manner as is Provided by Law in other Cases of this Nature any Law Usage or Custom to the contrary notwithstanding. This Act so far as it respects the selling of Dwelling Houses in the List to be and remain in force untill the rising of this Assembly in May next and no longer.
An Act in addition to a Law of this State Entituled an Act for constituting and regulating Courts and appointing the Times and Places for holding the same -
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That for the future the Times and Places of holding the Superior and County Courts in the County of Fairfield, shall be as follows viz for the Superior Court at Fairfield on the last Tuesday save two of August annually, and at Danbury on the last Tuesday save two of February annually, And for the County Court at said Fairfield on the third Tuesday of April annu- ally, and at said Danbury on the third Tuesday of Novembr annually, And that any adjourned or special Court may be holden at such Time and Place within either of said Towns in said County as the respective Courts shall Order and determine.
Provided nevertheless That this Act nor any Thing herein contained shall have any Effect untill a proper and suitable Court House and Goal shall be erected and Provided within said Town of Danbury, without any expence to said County of Fairfield.
An Act in addition to a Law entituled an Act for stating limiting and naming the Counties in this State.
Whereas in the late Revision of the Laws of this State the Town of Windsor was omitted to be entered in the List of Towns for the County of Hartford, when it ought to be inserted in said List next after the Town of Hartford *-
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same That the Town of Windsor be included in and be part of the County of Hartford.
* Acts and Laws of Connecticut (1784), p. 26.
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PUBLIC RECORDS
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An Act in addition and alteration of an Act entituled an Act for constitut- ing and regulating Courts and appointing the Times and Places of holding the same.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That all Suits for Relief in Equity against any Judgment given or cause depending at Law in the Superior Court shall be brought to the Superior Court, and not to any of the County Courts any Law Usage or Custom to the con- trary notwithstanding.
An Act to encourage the destroying of Wolves.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That if any Inhabitant of this State, shall kill any full grown Wolf or Wolfs Whelps within the Limits of any Town in this State, he shall be entituled to a Premium of three Pounds for every such full grown Wolve and thirty shillings for every Wolves Whelp he shall kill as aforesaid to be paid out of the public Treasury of this State upon producing a Certificate thereof from any one Assistant or Justice of the Peace which Certificate shall not be given untill it shall be proved before such Assistant or Jus- tice either by the Oath of the Person requesting a Certificate or other sufficient Evidence that each Wolve or Whelp has been killed in manner aforesaid, and that no other Certificate has been given thereof, nor untill such Assistant or Justice shall have caused the Ears to be cut off from the Head of every such Wolve or Wolves Whelp.
An Act in alteration of the Act entituled an Act to promote the making of Raw Silk 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 entituled an Act to promote the making of Raw Silk be and the same is hereby repealed and made void.
Provided nevertheless that whatever may have been done since the passing said Act hereby Repealed in pursuance thereof shall not be affected by this Act.
Be it further Enacted That whoever shall make any Raw Silk from Worms and Mulberry Trees of his own raising within this State by properly winding the same from Balls or Cocoons after the first Day of July next and for ten Years next thereafter, shall as a Bounty from the Treasury of this State have and receive two pence lawfull Money for each ounce of such Silk well dryed, which such Person or Persons shall make as aforesaid, which Bounty shall be paid out of the Duties arising on the Importation of foreign Articles into this State.
Be it further Enacted, That it shall be the Duty of any two Justices of the Peace upon the application of any Person or Persons Claiming
* See above, p. 256.
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any Bounty by Virtue of this Act carefully to examine such Claim and upon Proof that the same is well founded shall give a Certificate to such Person or Persons Claiming as aforesaid living within their County, specifying on what Account such Bounty becomes due and upon such Certificate being delivered to the Treasurer of this State he shall pay the same, And the Treasurer shall keep an Account of all the Monies paid by Virtue of this Act.
And be it further Enacted That if any Person or Persons shall wil- fully and knowingly procure more than one Certificate as aforesaid for any one Bounty to which he might be entituled by Virtue of this Act with a view to defraud this State he shall upon legal Conviction thereof suffer the same Pains and Penalties as if he had been legally convicted of Forgery.
An Act relative to Debts due to Persons who have been and remained within the Enemies Power, or Lines during the late War.
Whereas divers Persons proper Subjects of this or other of the United States have in the late War between Great Britain and America from Choice or Otherwise, either removed to or continued under the British Government, and have been inaccessible by such of the Citizens of said States who are indebted to them so as to pay or discharge said Debts or the Interest thereof, therefore that no Injustice be done in this Respect-
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the Same-That in every Suit or Prosecution that shall or may be commenced by any Person or Persons that has gone to or remained with the Enemy, against any Person or Persons that has remained without the Power of the Enemy, it shall and may be lawfull for the Court in which such Suit shall be Commenced or Prosecuted, and said Court is hereby Authorized on Motion of the Defendt or his Attorney to try and determine said Cause or Matter in Controversy according to the Rules of Equity, or appoint three Refferees at the Option of the Court to try the Matters in Contro- versy, and the Defendt shall and hereby is allowed to plead before such Court or Refferees any special Matter relative either to principal or Interest and if it shall appear to said Court or Refferees that the special Matter alledged and proved by the Defendt is of such a Nature that in Equity and good Conscience, abatement either from the Principal or Interest of any Sum or Sums due by such Defendt or Defendants ought to be made. That on Report of the Refferees or finding of the Court, such Court is Authorized and Impowered as a Court of Chancery to make such Order and Decree thereon as in Justice and equity such Court shall find equitable both in relation to the Debt and Cost of Suit.
An Act for incorporating a Part of the Town of Hartford.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That all the
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PUBLIC RECORDS
May,
Inhabitants being Freemen of this State and dwelling in said Hartford within the following Limits viz-beginning at a Place called the Dutch Ground upon the Highland on the Bank of the Great River on the Southerly side of said River as it now runs in the Lott belonging to Thomas Seymour Esq" and from thence a streight Line to the North- west Corner of Joshua Hempsteds dwelling House, thence a Westerly Line to the northwest Corner of James Steels dwelling House, from thence a Northwesterly Course to the Southwest Corner of James Shep- ards Malthouse from thence Northerly a streight Line to the upper Mills so called including said Mills, thence Northerly in a streight Line to the North West Corner of Capt John Olcotts dwelling House includ- ing said House and from thence turning and running due East a strait Course to the Great River, be and the same hereby are ordained Con- stituted and declared to be from Time to Time and forever hereafter one Body Corporate and Politic in Fact and in Name, by the Name of the Mayor, Aldermen, Common Council, and Freemen, of the City of Hartford, and that by that Name they and their Successors forever shall and may have perpetual succession, and be Persons in Law capable
of sueing and being sued Pleading and being Impleaded in all Suits of what Nature soever; and also to purchase hold and convey any Estate real or Personal, and may have a Common Seal, and may Change and alter the same at Pleasure and shall be Freemen of said City.
And be it further Enacted that the Mayor Aldermen Common Coun- cil and Freemen of said City, shall have a Jurisdiction in all Commer- cial Matters on Connecticut River opposite said Town of Hartford, and that the Sheriffs of said City appointed and Impowered as hereafter Provided shall have Power and Authority to execute all lawfull Writs and Precepts on said Connecticut River opposite said Town.
Provided nevertheless, That no Power or Authority is hereby granted to regulate or effect the Fisheries or Ferry in and upon said River or to prevent any Vessell Boat or other Water Craft from passing or repass- ing said Port of Connecticut River, or from having Commercial Inter- course with Inhabitants residing without the aforesaid Limits of said City, free from any Duties and Toll to be Imposed by said City.
And Whereas there are many Persons living within said Limits who by Law are Qualified to be freemen of the State that have not taken the Oath Provided by Law to be taken by Freemen-
Be it Enacted That all such Persons living within said Limits who shall before the fourth Monday of June next procure the Major part of the Select Men of the said Town of Hartford to Certify that they are Qualified to be admitted and made free of this State, and shall after procuring such Certificate, take before some Assistant of this State or Justice of the Peace within and for the County of Hartford the Oath Provided by Law for Freemen shall to all the Purposes in this Act mentioned be considered as freemen of this State and Freemen of the said City of Hartford.
And for the better Government of said City, Be it further Enacted,
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That there shall be a Meeting of said City holden annually in the Month of March at such Time and Place as by the Bye Laws of said City shall be directed for the Purpose of Choosing all the Annual Officers of said City, and the Annual Officers of said City, Chosen at such Meet- ing shall continue in Office untill the expiration of the Month of March then next unless others shall be sooner Chosen and Qualified in their stead. And the said City in legal Meeting Assembled shall Choose a Mayor who shall hold his Office during the Pleasure of the General Assembly, and at their annual Meeting shall Choose four Aldermen and a Common Council of not more than Twenty and two Sheriffs out of the Freemen of said City, all which Officers, and all other Officers of said City eligible by the Freemen thereof the Inspectors of Produce excepted shall be Chosen by Ballot, and on each Ballot which is given in shall be written the Name of the Person for whom the same is given, and such Ballot shall be rolled up and in the Presence of the Mayor and Aldermen of said City, or such of them as are Present at such Meeting put by the Person giving the same into a Box, which said City shall Provide for that purpose, which Box shall be a Close Box with a Hole of a convenient Size in the Lid thereof through which to put in the Ballot, And when the Freemen present at any City Meeting shall have had reasonable Time to give in their Ballott, either of the Sheriffs of said City or in the absence of both of the Sheriffs the Junior Alderman Present in the Presence of the Mayor and Aldermen, or such of them as are present at such Meeting shall open the said Box, and the Mayor and Aldermen or such of them as are Present shall open sort and Count the Ballots and the Person who shall have a Majority of the Ballots given in, shall by the Sheriffs or in their Absence by the Junior Alder- man present be declared to be Elected, and no Ballot shall be received after the Box shall have been opened. And said City in legal Meeting Assembled shall have Power to Levy Taxes on the Polls and Estate within the Limits of said City for such Purposes as the City shall think proper agreeable to the Power and Priveleges granted to the Freemen of said City by Virtue of this Act of Incorporation, and to Chuse a Col- lector or Collectors to Collect such Tax who shall having received a Warrant for that purpose Signed by the Mayor or one of the Aldermen of said City have the same Powers as Collectors of Town Taxes by Law have, and shall be accountable to the Mayor and Aldermen of said City in the same manner as Collectors of Town Taxes by Law are accountable to the Select Men, and in Case any Collector shall not perform the Trust Committed to him but shall fail of Collecting such Rate accord- ing to the Terms of the Warrant committed to him on Complaint thereof made by the Aldermen of said City to the Mayor thereof he shall Issue his Warrant under his Hand directed to either of the Sheriffs of said City to distrain the Sums or Rates neglected by such Collector to be Collected or paid out of the Estate of the Collector.
Provided nevertheless That nothing in this Act shall extend or be Construed to extend to enable the Freemen of said City at their Legal
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PUBLIC RECORDS
May,
Meeting to Grant or Levy any Taxes on the Polls or Estate contained in said City for the purpose of Paving the Street or Highways within said City, or of erecting Wharves upon said Connecticut River without Previous application made therefor to the General Assembly of this State and special Authority from said Assembly obtained for such Purpose.
And be it further Enacted by the Authority aforesaid, That the Sheriffs of said City shall severally within the Limits of said City have the same Powers and Authorities, and be liable to the same Suits and Penalties for neglect of Duty in any Case whatsoever to all Intents and Purposes as Sheriffs by Law now have and are. And the said City shall be liable to answer in Case of the Inability of said Sheriffs or either of them for the Default of said Sheriffs in all Cases relative to their Office, and said Sheriffs shall severally give Bond with Sureties in such manner as by the Bye Laws of said City shall be directed for a faithfull discharge of the Duties of that Office before they shall be capable of executing the Same, And in case either of the Persons Chosen Sheriff shall not give Bond with sureties according to the Bye Laws of said City, the said City may proceed to Chuse another Sheriff in his Room, and the said City in legal Meeting Assembled shall Choose a Treasurer for said City to continue in Office during the Pleasure of said City, which Treasurer shall have the same Power and Authorities as Town Treasurers by Law now have and shall be accountable to said City.
And be it further Enacted, that there shall be holden on the second Tuesday of every Month in said City a City Court, which Court shall have Power to adjourn from Time to Time and shall have Cognizance of all Civil Causes wherein the Title of Land is not Concerned by Law Cognizable by the County Courts in this State provided the Cause of Action arise within the Limits of said City and one or both of the Parties live within the Limits of said City, and said City Courts shall as to the Causes by them Cognizable, to all Intents and Purposes, have the same Powers and Authorities and proceed in the same manner and Grant Executions as said County Courts now or hereafter by Law shall have proceed and Grant and the Executions granted by said City Courts shall be served and returned in the Same manner as the Executions granted by the said County Court; And an Appeal shall be allowed to either Party from the Judgment or determination of said City Courts to the next Superior Court to be holden in the County of Hartford in all Causes in which an Appeal now or hereafter by Law shall be allowed from the said County Courts, the prevailing party however if Plantiff may such Appeal notwithstanding take out Execution on such Judgment for the Debt or Damages and Costs recovered in such City Courts against the Defendt or Defendts and Levy the said Execution and Col- lect the Money thereon Provided he does previous to his taking out such Execution become bound with two sufficient Sureties before the Mayor of the said City, or one of the Judges of said City Court in a
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Recognizance (which Recognizance the Mayor of said City and the Judges of said City Court are respectively impowered to take, in double the Sum of said Judgments, that he will within one Week after final Judgment on the Appeal refund so much of the Judgment of said City Court as shall on such Execution be collected, and shall not be by him recovered before the Court to which the Appeal is taken, and the Inter- est thereof together with the Execution fees that shall accrue and be paid by the Defendt or Defendants on said Execution and no Appeal shall be allowed on any Suit Commenced on such Recognizance; And in every Action brought before said City Court in which the Pltf lives without the Limits of said City or is a Mariner or Seaman Sueing for Wages due to him for Services in his occupation and the Defendt lives within the Limits of said City, no Appeal shall be allowed the Defendt unless the Matter in demand exceed the Sum of fifty Pounds Lawfull Money but if the Matter in demand exceed said Sum an Appeal shall be allowed the Defendt in the Same manner and under the same Regu- lations as Appeals are allowable in other Causes Cognizable by said City Court, and no Writ of Error brought for the Reversal of any Judg- ment of the said City Court or of the said Mayor or either of said Alderman, shall be a supersedeas or have any force to stay the Issuing Levying or Collecting of Execution. And said City Court shall have full Power to appoint and swear a Clerk for said Court to continue in Office during the Pleasure of said Court who shall as to matters relative to his office as Clerk of said Court have the same Powers and Authori- ties to all Intents and purposes as the Clerk of the County Courts in this State by Law have, And the Oath to be taken by said Clerk shall be the same mutatis Mutandis as the Oath provided by Law to be taken by the Clerks of the County Courts in this State And the Mayor of said City or in his absence the senior Assistant Judge of said City Court may at the special Instance and Cost of any Person moving therefor hold a special City Court at such Time and Place within said City as the Mayor or Judge, ordering the Same shall appoint ; which Court shall proceed in this same manner have the Same Powers and Authorities and in all respects be under the same Regulations as the Stated City Courts of said City, and all the taxable fees of said City Court shall be the Same as the taxable fees of the County Courts of this State.
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