페이지 이미지
PDF
ePub

Provisions for appraisal, in case

agree on terms of purchase.

Petition.

hereby authorized, (whenever the government of the United States shall have decided upon the location of a navy yard or depot at or near said site, and shall have indicated or designated what portion of said tract they desire for said purposes,) to acquire title to said premises, by purchase or otherwise, in trust, and for the purpose of conveying the same to the government of the United States when thereto required. And in case said city cannot agree with any party the city cannot in interest relative to the purchase of said interest, or in case the names, residence, or interest of any parrties cannot be ascertained upon reasonable diligence, or in case the party in interest should labor under disability, or if for any other cause said city should be unable to acquire title to any portion thereof, then said city may prefer its petition to any judge of the superior court of this state, praying for the appointment of commissioners of appraisal. Such petition shall contain a description of the tract or tracts of land sought to be obtained, and the reason in each case why title to the same cannot be acquired. It shall also contain the names, residence and nature of the interest, of all persons owning or claiming an interest in any of said described tracts, so far as the same can be ascertained upon reasonable diligence, and shall be verified by the mayor or authorized attorney of the city. On the presentation of such petition, the said judge shall direct notice of the day on which the same shall be heard by him, to be given to all persons interested, by service of a copy of the same on such interested persons, or by advertising in a newspaper published in the county where the land is situated; and likewise a general notice by such advertisement, to all persons not named, having or claiming an interest in any portion of said premises, to appear at said time and place; and it shall be the right of any person not named in said petition, having an interest, to appear, and, upon the statement and proof of his interest, to be made a party to the proceedings; and said judge shall order such other notice as he shall deem reasonable and proper; and such notice shall be deemed and held sufficient and conclusive as against any person having or claiming any interest in any portion of said premises; and due proof of such service,

Notice.

advertisement, or other sufficient notice, shall be made and exhibited to said judge.

SEC. 3. On the hearing of said petition, if no suffi- Appointment of cient cause be shown against the same, the said judge appraisers. shall appoint three disinterested persons to appraise the value of the land mentioned in the same, who shall be duly sworn impartially to execute their duty as such appraisers, and who shall, within reasonable time, make a report to said judge of their proceedings, and Award. of the amount of their appraisal in each case, and the name of the party to whom said appraisal is made and the interest appraised, so far as the same can be ascertained, and in case the names or interest of the parties to any tract or any portion of the same cannot be ascertained, the appraisers shall ascertain the value thereof, and make a report thereof, with a description of said tract; and said report shall also contain à description of all the premises appraised; which report may be accepted and confirmed by said judge, after such notice to the parties in interest, and such general notice to all others not named, as he shall prescribe, if in his opinion such confirmation is proper.

order of confirm. ation.

SEC. 4. Said judge shall make an order of confirm Judge to make ation, which shall contain a recital of the proceedings with a description of the tract or tracts aforesaid, the names and residence of the parties to whom said. appraisal is made, and the amounts appraised to each, and the interest of the party therein, whenever the name, residence and interest can be ascertained; and in case the same cannot be ascertained, then a description of the land with the appraised value of the same. And said order shall direct to whom said amounts shall be paid, respectively, in case where the parties and the interests are known, and where they are not known, then said order shall direct the amount of appraisal in each of such cases to be deposited with the treasurer of the county of New London, with the description of the land in each case for which said appraisal was made, and for the benefit of such parties as may prove to be entitled thereto. The amount of costs and expenses and counsel fees on said proceedings shall be ascertained and settled by said judge, and annexed to said order, and all the files and records in such proceedings on the final determination thereof,

On payment of tittle to vest in the city, in trust.

award, &c., the

City authorized

to transfer title

shall be returned to the clerk of the superior court in the county where the land lies, who shall record the same in the records of said court; and on recording a certified copy of said order, at full length, in the office of the clerk of the town in which such premises are situated, which said clerk is hereby authorized to record, and on payment or deposit by said city of New London of the sums to be paid as determined by said judge and directed by said order, the title to said premises shall vest in said city of New London, in trust for the uses aforesaid.

SEC. 5. Upon the completion of the proceedings in to United States. the foregoing section, and after the city of New London shall have acquired the title as aforesaid, it shall be the duty of the mayor of said city, or their attorney thereto lawfully authorized, upon the request of the United States or their authorized agents or commissioners, forthwith, by proper deeds or instruments of conveyance to convey and transfer the same to the United States, upon the payment of the sums expended by said city to procure said title; and thereupon. the title to said premises shall vest in the United States, so long as the same shall be used for the purposes before mentioned.

Approved, Dec. 24th, 1862.

Who to constitute the inactive mili. tia.

CHAPTER XXI.

An Act in addition to "An Act relating to the Militia."

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

SEC. 1. Every able-bodied white male citizen residing within this state, of the age of eighteen years and under the age of forty-five years, not exempted by the provisions of this act, shall belong to the inactive militia; and in every case of doubt respecting the age of a person enrolled, the burden of proof shall be upon him, and the enrolling officer or officers here

inafter mentioned shall examine him and any witnesses in his behalf, under oath, and administer to him or them the usual oath prescribed for witnesses; and any person so examined who shall be guilty of willful false swearing shall be liable to the penalties of perjury.

selectmen,

SEC. 2. The selectmen of the several towns in this Enrollment by state shall be the officers to enroll the inactive militia; when and how to and it shall be their duty, between the tenth day of be made. September and the first day of December in each year, to enroll the names of all white male citizens residing in their respective towns, between the ages of eigh teen and forty-five years, including those exempted by the following sections of this act, alphabetically, in a book to be kept for that purpose at the town clerk's office: and the selectmen shall strike from such roll What names may the name of each person who is not able-bodied or is the roll, and in exempt under the provisions of this act from enroll- what manner. ment, by drawing a red line across such name, but leaving it still legible, and shall specify in the margin, and upon the same line with such name, the reason of the disability or exemption of the person whose name is stricken off as aforesaid. And such rolls, when completed, shall be signed by the selectmen.

be struck from

roll, as not able

may restore

SEC. 3. The name of no person shall be stricken who may be from such roll as not able-bodied, unless he be either struck from the blind, a deaf mute, insane, imbecile, wanting an arm bodied. or leg, or has such a deformity of one or both legs as to produce a disproportionate length of two inches or more; and the name of any person stricken from such roll by the selectmen, as not able-bodied, may be re- Surgeon-general stored by the order of the surgeon general. The per- names impropersons whose names shall remain upon the rolls in the ly struck off. several towns, shall constitute the inactive militia; and whenever a draft is ordered from the inactive militia, the selectmen, before proceeding to draft, shall amend Amendment of such rolls by adding thereto the names of persons who are, or striking therefrom the names of persons who are not, subject to enrollment.

rolls.

general.

And it shall be the duty of the selectmen of the sev- Selectmen to reeral towns, annually, on or before the fifth day of De- port to adjutant. cember, to make a certified report to the adjutant-general of the number of persons whose names shall have

been enrolled as aforesaid, and also to make a certified return of the number of persons to be taxed under the provisions of this act; and the adjutant-general shall Commander-in return the same to the state treasurer. And the com

chief, to order enrollment.

Who are exempt from enrollment.

mander-in-chief shall, on or before the tenth day of January, 1863, issue his order, directed to the board of selectmen of each town, requiring an enrollment to be made and completed, and report made to the adjutant-general within thirty days from the date of said order.

SEC. 4. In addition to the persons exempted by the laws of the United States, the persons hereinafter mentioned shall also be exempted from enrollment in the militia, viz: judges of the supreme and superior courts, the state secretary, treasurer, comptroller, and commissioner of the school fund, the superintendent of common schools, sheriffs, the superintendent of the reform school, of the retreat for the insane, and of each of the public hospitals, teachers in the American asylum for the deaf and dumb, the warden and deputy warden of the state prison, keepers of light-houses, and members of the active militia, and fishermen in sea-service, belonging to smacks licensed under the Exempts, to pay revenue laws. And it shall be the duty of the selectmen in the several towns in which such persons reside at the time of making the rate bill for the collection of the annual town tax, to insert in such rate bill for every able-bodied man of the aforesaid exempts, between the ages of twenty-one and forty-five years, not a member of the active militia, an additional tax of one dollar upon each and every person as aforesaid, which tax shall be collected at the same time and in the same manner as is provided by law for the collection of town taxes, and when so collected shall be paid into the town treasury.

commutation

tax.

Enrolled militia, when subject to active duty.

SEC. 5. The enrolled militia, except those who may become members of the active militia, as hereinafter provided, shall be subject to active duty only in case of war, invasion, the prevention of invasion, rebellion and insurrection, or reasonable apprehension thereof; in which case the commander-in-chief shall order out for active service, by draft or otherwise, as many of the militia as the necessity of the case demands.

« 이전계속 »