In the county of Windham, at Brooklyn, on the first Tuesday of Windham counJanuary, on the third Tuesday of March, on the first Tuesday of ty. August, and on the first Tuesday of November.

ty.

In the county of Litchfield, at Litchfield, on the fourth Tuesday Litchfield counof January, on the second Tuesday of April, on the second Tuesday of September, and on the first Tuesday of November.

ty.

In the county of Middlesex, on the first Tuesday of February, at Middlesex counMiddletown, on the second Tuesday of April, at Haddam, on the first Tuesday of September, at Haddam, and on the first Tuesday of December, at Middletown.

In the county of Tolland, at Tolland, on the second Tuesday of Tolland county. April, on the first Tuesday of September, and on the first Tuesday of December.

1865. When all the

may be

held in Norwich.

SECT. 61. If a convenient court house shall, on or before the twenty-first day of July, 1867, be erected in the town of Norwich, courts to the acceptance of a majority of the judges of the supreme court of errors, and without any expense to the county of New London, and shall be located in said town, according to the provisions of an act directing the sessions of the supreme court of errors and of the superior court, for the county of New London, to be held at Norwich, approved on the twenty-second day of June, 1865, the sessions of such courts, required by law to be held in said county, shall, after the date of such acceptance, be held in said town; but Condition. the provisions of this section are upon the express condition that the town of Norwich shall provide and maintain a suitable court house, without expense to said county, so long as the sessions of said courts shall be holden in said town.*

vide rooms for

erected.

SECT. 62. Until a new court honse shall be erected at Norwich, Sheriff shall prothe supreme court of errors and the superior court, when required court until new by law to be held at Norwich, shall be held in a suitable room or court house is rooms in said town, which the sheriff of said county shall provide for that purpose; and the county commissioners of said county shall draw orders on the treasurer thereof, in favor of the sheriff, for the expense incurred by him, in preparing and fitting up the said room or rooms, and for the rent thereof as it shall accrue.

1857.

Continuance of

court, and entry

SECT. 63. All civil causes, which shall be pending before the 1856. superior court for Hartford county, at any March term of said court, cases in Hartford and which shall not be finally disposed of at such term, shall be county superior continued to the next September term of said court; but whenever at July term. both parties to any cause, upon the court docket in said county, which may have been continued from the March term to the September term of said court, shall agree to try such cause at the intervening July term thereof, such cause may be entered upon the docket of the July term, and proceeded with, in all respects, at said July term, as if the same had been continued to said July term, and final judgment may be rendered therein.

1859.

SECT. 64. A jury may be summoned to attend the May term of,, Jury for May the superior court, for New Haven county, in each year, at the dis. term of New Hacretion of the judge, allotted to hold the same, for the trial of crim-rior court. inal cases only.

*At the time of printing the General Statutes (September,) the vote upon the location of the court house in New London County has not been taken, and this section is therefore necessarily inserted.

ven county supe

CHAPTER IV.

OF THE COUNTY COMMISSIONERS.

1868. 1865. county commissioners.

SECT. 65. There shall be three county commissioners in each Appointment of county, appointed by the general assembly, each for the term of three years; and said appointments shall be so arranged that one vacancy shall occur and one new appointment be made every year. Any person going out of office may be re-appointed, and the governor may fill any vacancy that may occur during the recess of the general assembly; and the commissioner so appointed shall remain in office until the next session of the general assembly; but no sheriff's deputy shall hold such office.*

To have charge

property.

SECT. 66. The county commissioners, in their respective counof the county ties, shall take care of all the estate, real and personal, belonging to the county, and manage and let the same for the benefit of the county, and when they shall judge it expedient, they may sell or purchase real estate in behalf of the county, but all conveyances of estate, to or by a county, shall be made in the name of the treasurer of the county and his successors in office.

May license jailer to be innkeeper.

Powers in rela

SECT. 67. The county commissioners may, at their discretion, license any suitable person who is keeper of the jail in their county, and resident in a house belonging to such county, to be an innkeeper.

SECT. 68. The county commissioners, in their respective counties, tion to removal shall exercise all the powers in relation to the removal of deputy of deputy sheriffs, county lands, sheriffs from office, conferred upon such commissioners by the act county taxes, &c. relating to sheriffs; also, all the powers to recover possession of

1855.

1855.

Appointment of treasurers and

surveyors.

tion to poor debt

turnpikes, sale of

lands, by summary process, in behalf of the county, conferred on them by the act relating to civil actions; also, the powers in relation to county taxes, conferred on them by the act relating to counties; also, all the powers conferred on them by the act relating to prisons; also the powers conferred on them by the act relating to highways and bridges; and also all the powers relative to courts of review, conferred upon them by the act relating to the settlement of estates, testate, intestate, and insolvent, and all other powers conferred upon them by law.

SECT. 69. The county commissioners shall appoint the county treasurers and county surveyors for their respective counties.

SECT. 70. Each of the county commissioners, within the county Powers in rela- for which he shall be appointed, shall exercise the powers in relaors' oath, prisons, tion to administering the oath to poor imprisoned debtors conferred property attach on him by the act relating to prisons; also, the powers in relation ed, forcible entry, to turnpike roads, conferred on him by the act relating to turnpike roads; also, the powers in relation to the sale of personal property attached, and the powers in relation to forcible entry and detainer, conferred on him by the act relating to civil actions; also, the pow

orders of notice,

&c.

*County commissioners may hold office after arriving at the age of seventy. Betts v. New Hartford, 25 C. R. 180.

ers to make orders of notice, conferred on him by the one hundred and twenty-seventh section of this act, and all other powers conferred on him by law.

If any commissioner fails to

SECT. 71. Whenever any county commissioner shall, by reason of disqualification, sickness, or death, fail to act, the other commis- act, the others to sioners shall discharge the duties of the commission.

act.

CHAPTER V.

OF THE COURTS OF PROBATE.

SECT. 72. There shall be a court of probate in each of the several Courts of probate probate districts, held by one judge, elected annually by the electors of when and how such districts, in the manner provided by the act relating to electors and elections, and commissioned for that purpose; and each court of probate shall have a clerk, appointed by such court, and sworn to that office.*

SECT. 73. The courts of probate, in their respective districts, Jurisdiction. shall have cognizance of the probate of wills, the granting of administration, the appointing and approving of guardians, and shall act in all testamentary and probate matters, and in every other matter in which it shall be legal and proper for a court of probate to act; and said courts shall have and exercise all the powers conferred on them by the act relating to the settlement of estates, by the law relating to guardians, the law relating to idiots, lunatics, and spendthrifts, the law relating to escheats, and all the other powers conferred on them by law.t

holden.

SECT. 74. The judges of the several courts of probate may hold Courts, where their courts in any of the towns within the districts for which they shall be appointed, or in which they are by law empowered to act. SECT. 75. Whenever there shall be any disputable and difficult When to call as matter depending before any court of probate, the judge of said court may call to his assistance a judge of the superior court.

sistance.

SECT. 76. Whenever there shall be so near a relationship between Judge of an adany deceased person and the judge of probate of the district in joining district to which such deceased person last dwelt, as between father and son, is disqualified by by nature or marriage, or brother and brother, in like manner; or

Clerk retains his office until he resigns, is removed, or superseded. Dibble v. Morris, 26 C. R. 416.

+ Decree conclusive until regularly set aside. Bush v. Sheldon, 1 Day, 170; Judson . Lake, 3 Day, 318. Matter within jurisdiction of probate court can only be set aside by appeal to the superior court. Bissel v. Bissel, 24 C. R. 241. No presumption of law to sustain their decrees. Potwine's appeal, 31 C. R. 381. Records must show an explicit finding of all necessary jurisdictional facts. Same. Courts of probate stand on same ground as common law courts as to conclusiveness of their judgments in matters within their jurisdiction. Dickinson v. Hayes, 31 C. R. 417. But their records are not conclusive upon jurisdictional facts, and may be inquired into. Sears v. Terry, 26 C. R. 273.

The entire settlement of estates belongs to courts of probate, and cannot be drawn into superior court by bill in equity. Pitkin v. Pitkin, 7 C. R. 315; Bailey v. Strong, 8 C. R. 278; Beach v. Norton, 9 C. R. 182; Cowles v. Whitman, 10 C. R. 121. Bissel v. Bissel, 24 C. R. 241. Court of probate only tribunal to decide due execution of a will. Fortune . Buck, 23 C. R. 1.

act, when judge relationship, &c.

1845.

assignor, &c.

between such judge and any person interested in the estate of such deceased person, as legatee, devisee, or heir at law; or whenever any judge of probate shall be interested in the estate of any deceased person, as heir at law, or as legatee, or as devisee, or otherwise, than as a member of some public corporation; or as executor, or administrator of his estate, he shall be disqualified to act as judge in the settlement of such estate, and the judge of an adjoining district shall act in his stead.*

SECT. 77. Whenever the judge of probate in any district shall When judge is be the assignor, debtor, or trustee in any proceeding in insolvency, for the benefit of creditors, pending in the court of probate in such district; or whenever there shall be so near a relationship between such assignor, debtor, or trustee, and such judge of probate, as between father and son, by nature or marriage, or brother and brother in like manner; or whenever any judge of probate shall be interested in any estate in insolvency as a creditor or otherwise, such judge shall be disqualified to act in the settlement of such estate, and the judge of probate of an adjoining district shall act in his stead.t

1850. 1854.

unless appeal, when.

SECT. 78. Every order or decree of a court of probate, made by Order to be good, a judge who is disqualified by the provisions of the next preceding section, shall be valid, unless an appeal shall be taken therefrom, to the superior court, within thirty days next after the making of such order or decree; and every order and decree, made by a judge, who is disqualified by any of the other provisions of this act, shall be valid, unless an appeal shall be taken therefrom, to the term of the superior court, next after the making of such order or decree.

1855.

Judge not to act

&c.

SECT. 79. Whenever any judge of probate shall have been, prior when counsel, to his assuming the duties of his office, retained or consulted, as attorney or counsel, in any matter appertaining to the settlement of the estate of any deceased person, or insolvent debtor, such judge may decline to act in any matter relating to said estate, in the court of which he is judge; and he shall so decline, if any person, interested in said estate, shall object to his acting in such matter; and in such case, the judge of an adjoining district shall act in his stead, as in case of disqualification.

1826.

claim, when

SECT. 80. Whenever the judge of probate, in any district, shall In review of have acted as counsel, or shall have been retained as counsel, in judge has been respect to any claim against an insolvent estate, in course of settlement before him, he shall be disqualified to act in the review of such claim, and the judge of probate of an adjoining district shall act in his stead.

counsel.

1859. Judge shall not

&c.

SECT. 81. No judge of probate shall, directly or indirectly, act act as counsel, as counsel in respect to any claim before commissioners, on the insolvent estate of any deceased person, or of any estate in insolvency in which he, as such judge, shall have appointed such commissioners, or whose report may come before him for action; and if he shall so act as counsel, he shall be disqualified further to act as judge in the settlement of such estate, and the judge of an adjoining district shall act in his stead; such action, by a judge of probate, shall be

Formerly judge of probate disqualified when inhabitant and tax-payer of town beneficially interested in claim against estate. Hawley . Baldwin, 19 C. R. 585.

Cannot act where estate, in which he is administrator is interested. Cabot Bank Appeal, 26 C. R. 8.

Not disqualified if no objection is made at the time, by any party interested. Platt v. N. Y. & Boston R. R., 26 C. R. 544.

sufficient cause for an appeal from the commissioners, by any person interested in such estate.

1836.

ians, idiots, &c.

SECT. 82. Whenever any judge of probate shall, by reason of relationship, interest, or other cause, be disqualified to exercise the If judge is dispowers conferred on courts of probate by the law relating to guar- relation to guarddians, the law relating to idiots, lunatics, and spendthrifts, the law relating to escheats, or any other powers conferred on said courts by law, in every such case the judge of probate of an adjoining district shall act in his stead, unless it shall be by law otherwise specifically provided.

1836.

the office is va

SECT. 83. Whenever the judge of probate in any district shall be In case of disabilunable to discharge the duties of his office, by reason of sickness or ity or removal of bodily infirmity, or removal from said district, or absence from the judge, and when state, and whenever the office of judge of probate in any district cant. shall become vacant, by death, resignation, or otherwise, the judge of probate of an adjoining district shall execute the office of judge of probate, in said first named district, during the period of such incapacity from sickness, bodily infirmity, removal, absence from the state, or vacancy.

1848.

in the district of

SECT. 84. Whenever the judge of probate of any district shall Judge of adjoinact in the stead of a judge of probate of another district, or shall ing district to act execute the office of judge of probate, in a district other than that the judge in for which he was appointed, he shall hold his court, or act, in the whose place he district of the judge, in whose stead he acts, or whose office he

executes.

acts.

ing district, when ted and cited to

SECT. 85. Whenever, in any probate district, the judge of an 1851. adjoining probate district may, by law, act therein, said judge shall Judge of adjoinbe designated and cited for that purpose, by the clerk of the court and how designaof probate in such first named district, or, if there is no such clerk, act. by a judge of the superior court.

when.

1859.

SECT. 86. Any judge of probate, duly designated, cited, and qual- Judge may issue ified to act as such judge in a district adjoining his own, may, within order, as judge of his own district, make and issue any order, as acting judge of such adjoining district, adjoining district, which does not require a prior hearing of adverse parties, but any order so issued shall be recorded in the records of such adjoining district.

adjoining dis

SECT. 87. Such judge, in addition to the fees otherwise provided, Fees of travel to shall be entitled to receive nine cents per mile, for his travel to such trict. adjoining district, to be paid out of such estates, or by such parties, as are chargeable with the fees to which such judge is by law

entitled.

SECT. 88. If any person shall be aggrieved by any order, denial, Right of appeal. or decree, of a court of probate, in the settlement of the estate of a deceased person, or of the estate of an insolvent debtor, or in the adjustment or settlement of a guardian's account with his ward, or in any other matter whatsoever, unless where it is otherwise specifically provided by law, such person may appeal therefrom to the superior court, in the county where such court of probate is holden; but every person, so appealing, shall give bond, with sufficient surety, to the judge of probate and his successors in office, to prosecute such appeal to effect, and answer all damages, in case he fails to make his plea good.*

* Interest of appellant should appear in motion for appeal. Swan v. Wheeler, 4 Day, 187.

Extent of appellant's interest, and manner in which it is affected by decree, should appear in assignment of reasons in superior court. Saunders v. Davidson, 20 C. R. 521.