An Act relating to Witneffes, and taking Affidavits out of Court. FOR AS MUCH as it is neceffary that Witneffes in Civil Caufes be fworn out of Court, when by Reafon of their going to Sea, living more than twenty Miles Preamble. diftant from the Place where the Caufe is to be tried, Age, Sickness, or bodily Infirmity, they are rendered incapable of Travel, and of appearing at Court. To the Intent therefore, that all Witneffes may impartially and indifferently testify their certain Knowledge, and the whole Truth in the Cause they are to speak unto; BE E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That for either of the Reasons aforefaid, and not otherwife, every Affiftant or Juftice of the Peace may take Affidavits out of Court; so as a Notification, with reasonable Time, be first made out and delivered to the adverfe Party (if within twenty Miles of the Place) or left at the Place of his Dwelling, or ufual Abode, to be prefent at the Time of taking fuch Affidavit, if he think fit. Affidavits when to be taken out of court. be cautioned. And every fuch Witnefs fhall be carefully examined, and cautioned to teftify the whole Truth; and being fworn, the Affiftant or Juftice fhall Witneffes to atteft the fame, with the Day, Month, and Year of the taking thereof; and that the adverse Party was prefent, (if fo) or that a Notification was fent him, and shall feal up the Teftimony and deliver it to the Party, (if defired) at whose Request it was taken. And no Perfon interested, shall write or draw up the Teftimony of any Witness in fuch Caufe, nor any Attorney in his Client's Caufe: And if it manifeftly appear any Teftimony to be written or drawn up by any interefted, or the Attorney in the Caufe, or be returned from any Affiftant or Juftice of the Peace, by other Hand than his own, into the Court where the fame is to be used, unfealed; or the Seal having been broke up: All fuch Teftimonies fhall be rejected by the Court, and be utterly void, and of none Effect in Law. That every Affiftant and Justice of the Peace fhall be, and is hereby impowered, upon Request to him made, to grant Summons for the Appearance of any Witress before him in any civil Caufe, where fuch Witness is bound to Sea, or travelling out of the State, before the Time of Trial; and to take his Depofition in fuch Caufe, the adverfe Party being present, or Notification fent him, as aforefaid. Affidavits not to be drawn by perfons interefted. Witneffes bound out of their depofitions to be taken, &c. the state, Provided nevertheless, That Witneffes to Bonds, Specialties, Letters of Attorney, and other Inftruments in Writing under the Hand of the Party executing the fame; or to Accounts or Teftimonies relating to Perfons out Proviso. of this State, or to be fent beyond Sea, may be fworn without fuch Notification, as aforefaid. That if any Person or Perfons, upon whom any lawful Procefs, or Summons shall be served to teftify, depofe or give Evidence concerning any Cause or Matter depending in any Court in this State, and having tendered to him or them fuch reasonable Sum or Sums of Money, for his or their Cofts and Charges, as having Refpect to the Distance of the Places is ne- Penalty. ceffary to be allowed, as the Law requires in that behalf, do not appear according to the Tenor of the Procefs or Summons, having no lawful or reasonable Lett or Impediment to the contrary; that then the Party fo making Default, fhall for every fuch Offence, loofe and forfeit Thirty Shillings, and shall yield fuch further Recompence to the Party aggrieved, according to the Lofs and Hindrance that he fhall fuftain by Reafon of the Nonappearance of the faid Witnefs or Witneffes: The said several Sums to be recovered by the Party fo grieved, against the Offender or Offenders, by Action, Bill, Plaint or Information in any Court of Record. Be Veffels fhipwrecked to be relieved, &c. Upon difcovery of a wreck on the coaft, duty of the select men to take effectual meafures for faving, &c. Notice thereof to the judge of the county court, &c. Wrecks of Sea. Be it further enailed by the Authority aforefaid, That no Perfon for any Fact committed, fhall be put to Death but by the Teftimony of two or three Witneffes, or that which is equivalent. That all Executors of Wills within this State, fhall have Liberty to have the Witneffes to fuch Wills, examined and fworn in the ufual Form, before the next Affiftant or Juftice of the Peace: Which Affiftant or Justice shall enter the Oaths of the Witneffes on the Back-fide of the Will, and atteft the farne: And the Oaths of the Witneffes fo taken, fhall be accepted by the Court of Probate, as if they had been taken before the faid Court. An Act concerning Wrecks of Sea. E it enacted by the Governor, Council and Reprefentatives, in General Court Veffels fhall fuffer Ship-wreck upon our Coafts, there fhall be no Violence or Wrong offered to their Perfons or Goods; but their Persons fhall be harboured and relieved, and their Goods preferved in Safety, till Authority may be certified thereof, and shall take further Care, and give further Order therein. That fo often as any fhip-wrecked Property fhall be discovered on the Sea-coaft of this State, it fhall be the Duty of the Select-men of the nearest Town thereto, and it fhall be lawful for any other Perfon to take the most effectual Measures for faving and fecuring the fame; and if need be, fuch Perfon or Perfons fhall apply to an Affiftant or Justice of the Peace, who is hereby authorized to grant a Warrant, directed to a proper Officer, to imprefs and call forth requifite Affiftance for that Purpose: And that the Perfon or Perfons fecuring fuch Property, fhall immediately give Notice thereof to the Judge of the County Court in the County where the fame fhall be fecured; who fhall direct the Sheriff of faid County to feize the faid Property, and the fame keep and hold until it shall be released or difpofed of by order of Sheriff to feize, &c. faid Court. That if any Owner of fuch Property, being a Perfon intituled The property by the Laws of the Land, or the Laws of Nations, to a Restoration thereof, to be reftored fhall within a Year and a Day after fuch Seizure, appear and claim the fame, it shall be reftored to him, on his paying fuch reasonable Costs and Salvage, for the Perfons to whom due, as the faid Court fhall order and allow. And in Cafe no fuch Owner shall within that Time appear, and claim faid Property and pay Cofts and Salvage afcertained as aforefaid, the fame fhall be fold by order of faid Court, and the avails thereof (first deducting reasonable Cofts and Salvage for the Perfons to whom due) fhall be lodged in the Treafury of this State. to the Owner if he appears within a year and a day and pay coft and falvage, if not the net avails to be lodged in the ftate treasury. Provifo. Provifo. Always provided, That if the Property so seized, be of a perishable Na -ture, the Court having the ordering of the fame, may, at their Difcretion, direct it to be fold within the Time limited as aforefaid, retaining the Avail thereof for the fame Purposes as the faid Property was holden. Provided alfo, That in every Cafe where no Owner fhall appear within one Month after fuch Seizure, to pay Salvage and Cofts, the Court having the ordering of fuch Property, may, at any Time afterwards, order so much thereof to be fold as fhall be fufficient to pay the Salvage and Costs. An Revifal of the Laws confirmed, &c. An Act made and paffed by the General Affembly of the State of Connecticut, held at New-Haven by Adjournment, on the eighth Day of January, Anno Domini, One ThouSand Seven Hundred and Eighty-four, for confirming the Laws of this State, as revised and amended; and for repealing fuch as are not contained in the foregoing Code. WHEREAS all the Statute Laws of this State have been lately revised and digefted under proper Titles in alphabetical Order, with feveral Additions, Alterations, and Amendments, and the Whole carefully examined and confidered by this Affembly. 265 Preamble. BE i E it enacted by the Governor, Council and Representatives, in General Court Revifal cons affembled, and by the Authority of the fame, That all the foregoing Acts firmed. be, and they are hereby enacted and confirmed as the Laws of this State. And that all other Statute Laws of this State heretofore made and pub- Regulating lished, which are not contained in the foregoing Code, be, and they are claufe. hereby repealed. Provided nevertheless, That all Matters commenced by Virtue of any of the Laws hereby repealed, now depending or unfinished, may be profecuted and pursued to final effect, in the fame Manner as they might have been if this Act had not been made. Provided also, That fuch of the foregoing Laws as remain for Substance the fame as before the Revifal, fhall be confidered as having continued in Force from the Time that they were firft enacted, any circumstantial Amendments or Alterations notwithstanding: Provifo. Provife! Made and paffed by the General Court or Af- An Act for regulating the Appointment of the Superior Court. B E it Enacted by the Governor, Council, and Reprefentatives in General Court affembled, and by the Authority of the fame, That no Perfon Judges of Sup. Court shall hereafter be capable of holding the Office of Governor, Lieu- incapable, tenant-Governor, Affiftant, or Member of the House of Reprefentatives of &c. this State, or of Delegate in the Congrefs of the United States, or either of them, and the Office of Judge of the Superior Court, at the fame Time. And be it further Enacted by the Authority aforefaid, That the Judges of To hold their the Superior Court, fhall hereafter hold their Offices during the Pleafure of the General Affembly. offices during pleasure. Provided nevertheless, That nothing in this Act fhall be construed to prevent any Judge of the Superior Court appointed at this Affembly, from Provifo. holding for the Term of one Year from the first Day of the Seffion of the prefent Affembly, any other Office which he now holds or to which he now ftands elected. Be it further Enacted by the Authority aforefaid, That the LieutenantGovernor and Council of this State for the Time being, fhall be the Supreme Court of Errors in this State, and fhall be the dernier Refort of all Matters brought by way of Error or Complaint, from the Judgment or Decree of the Superior Court, in Matters of Law or Equity, wherein the Rules of Law or the Principles of Equity appear from the Files, Records and Exhibits of faid Court, to have been erroneously or mistakenly adjudged and determined. And faid Supreme Court are hereby impowered, authorized and enabled to take Cognizance of all fuch Caufes that fhall be brought before them as aforefaid, and fhall be invested with all the Powers, Authorities and Jurifdictions neceffary and requifite for carrying into complete Execution all LI their Supreme ror conftitu- Dernier refort in matters of error equity, &c. in law and Their power. |