ÆäÀÌÁö À̹ÌÁö
PDF
ePub

XIIL OF WRITS OF PROHIBITION, AND OF QUO WARRANTO.

SECT. 375. When any person shall make complaint to the Writs of prohisupe- bition for what rior court when in session, or to either of the judges of the superior and how issued. court in vacation, that any inferior court or tribunal exceeds its jurisdiction, or holds plea of any matter or cause whereof by law such court has no cognizance, by which the complainant is aggrieved, the superior court, or such judge, may grant a rule, subscribed by the clerk of the court, or such judge, directed to the party prosecuting, as well as to the judge or judges of such inferior court, to appear before the superior court, or such judge, in such reasonable time as such court or judge shall appoint, to show cause why a writ of prohibition should not be issued against them. If the party complained of shall neglect or refuse to appear, said court or judge shall issue a writ of prohibition, as prayed for; but if such party shall appear, he may plead any proper matter in his defense; and said court or judge may examine and decide upon the truth, as well as the sufficiency of the facts arising in the cause; and if they find sufficient ground, shall issue a writ of prohibition to the party prosecuting the suit, and to the judge or judges in the court below, commanding them to proceed no further in the trial of the suit, and shall also tax lawful costs in favor of the complainant; and if the party in the court below, or the judge or judges of such court, disobey such writ of prohibition, such superior court or judge, may punish them Penalty for disofor the contempt, according to the rules of the common law; and beying writ. the party aggrieved shall have his action on the case, to recover all the damages he may sustain; but if no sufficient reason appear for granting a writ of prohibition, costs shall be taxed in favor of the party complained of, and execution granted for the same.

SECT. 376. When any person or corporation, shall usurp the Quo warranto exercise of any office, franchise, or jurisdiction, the superior court proceedings. may proceed by information in the nature of quo warranto, to punish such person or corporation for such usurpation, according to the usage and principles of the common law; and may also permit an information in the nature of a quo warranto, to be filed in the name of the attorney for the state in the county where the cause of action arises, at the relation of any person desiring to prosecute the same, against any person usurping any corporate franchise or office, and may proceed therein, and render judgment, according to the course of the common law.*

and writs, how directed and

SECT. 377. All notices of rules, and all writs in the cases afore- Notices of rules said, shall be directed to the sheriff of the county, or his deputy, or to a constable of the town in which the defendant resides, and shall served. be served by leaving a true and attested copy with the defendant, at such time as the court or judge shall direct; and the superior court, or the judge of such court to whom complaint has been made in vacation, may prescribe such time for the appearance of the parties, as such court or judge shall deem to be reasonable.

XIV. OF WRITS OF HABEAS CORPUS.

the writ, to

SECT. 378. Application may be made to any superior court when Application for in session, or to any judge of said court in vacation, for a writ of whom made.

*Different points in regard to quo warranto. State v. Tudor, 5 Day, 829; State v. Norwalk and Danbury Turnpike Company, 10 C. R. 157; State v. Bull, 16 C. R. 179; Washington Bridge Company v. State, 18 C. R. 54.

The writ to issue on affidavit, &c.

How directed and served.

Penalty for disobeying.

Hearing upon the

return.

Punishment for contempt.

habeas corpus, and such court or judge may issue the same, returnable before such court or judge, to be proceeded with according to law.*

SECT. 379. When application is made to such court or judge, for a writ of habeas corpus, and the facts are verified by the affidavit of the person in whose favor the application is made, or of any other person, alleging that he verily believes the person on whose account such writ is prayed for, is illegally confined, or deprived of his lawful liberty, such court or judge shall grant a writ of habeas corpus, directed to some proper officer, to serve and return; who shall receive the same, and make due service thereof, by putting a true and attested copy of it into the hands of the person who has the custody of the body of him who is directed to be brought up on said writ; and said officer shall make immediate return of said writ, with his doings thereon, on penalty of forfeiting fifty dollars, to the use of the person so held in custody, to be recovered by action on the case.

SECT. 380. If any person, having the custody of the body of any one directed to be brought up on a writ of habeas corpus duly served, shall fail or neglect to bring up the body according to the command in the writ; or shall refuse to accept the copy of the same offered in service; or shall, in any way, fraudulently avoid bringing up the body, according to the command of the writ; or having brought up the body, shall neglect or refuse to make return of the cause of detaining such person so held in custody, he shall be deemed guilty of a contempt of court, and may be punished by said court or judge by commitment for such contempt, and shall pay to the person so held in custody, two hundred dollars.

SECT. 381. When any facts contained in such return shall be contested, such court or judge may hear testimony, and examine and decide upon the truth, as well as the sufficiency of the return, and render such judgment as to law and justice shall appertain.

SECT. 382. The court or judge may commit to prison, for any contempt of which the respondent is guilty in this proceeding, for a period not exceeding sixty days; and the respondent may, at any time within such time of imprisonment, appear before such court when in session, or the judge who held the same, or the judge who in vacation made the order of commitment, and apply for a discharge from imprisonment which such court or judge may, for sufficient cause shown, direct.

1855.

ed on application

XV. OF PROCEEDINGS TO OBTAIN REWARDS.

SECT. 383. Whenever any person or corporation shall offer a Commissioners reward exceeding one hundred dollars, for the recovery of stolen may be appoint property, or for the apprehension of criminals, or for both, such of party offering person or corporation may, upon the recovery of such stolen propfor recovery of erty, or any portion thereof, or upon the conviction of such crimistolen property nals, apply to the superior court, holden in the county where such or conviction of offense shall have been committed, at the term next following said

reward over $100

criminals.

*A person illegally imprisoned may be discharged upon habeas corpus. Arabase. Ivers, 1 Root, 92. When a writ of habeas corpus is not necessary. Sedgwick v. Knibloe, C. R. 219. When court will not grant the writ. Nickols v. Giles, 2 Root, 461; Buckingham v. Barnum, 30 C. R. 368.

conviction, in case said reward be for the apprehension of the criminals, or for the apprehension of the criminals and the recovery of the property both; and at the term next following the recovery of the property, in case the reward be for the recovery of such property, for the appointment of commissioners to hear and determine as to the payment of said reward.

on application

SECT. 384. The superior court, upon such application, shall Duty of the court appoint three judicious, disinterested persons, residents in said therefor. county, to hear and decide upon the claims of the parties interested in the payment and distribution of such reward; and said court shall also limit a time for the presentation of claims to said commissioners, not exceeding one month from the first publication of notice by them as hereinafter provided; and all persons not presenting their claims in writing to said commissioners, within the time specified, shall be barred from all right to recover any portion of said reward.

ceedings before them.

SECT. 385. Said commissioners, immediately on receiving from Duty of commisthe clerk of said court notice of their said appointment, shall cause sioners, and proto be published in some weekly newspaper, published in said county, or if there is no such paper published in said county then in an adjoining county, three weeks successively, a notice of such order of limitation by said court, and also of the time and place of their meeting after the expiration of said limitation, upon the business of their said appointment; and after a full hearing of the parties in pursuance of such notice, the said commissioners shall make their report to said court, at the term next following their appointment, or if more time shall be necessary to complete their labors, then to the second term following their appointment; and their report, when accepted by the court, shall be final upon all the parties. SECT. 386. The person or corporation, making such application Notice of such for the appointment of commissioners, shall give notice thereof, by given. publishing the same in a newspaper, printed in the county where the property was stolen or in an adjoining county, two weeks successively before the session of the court to which such application shall be made.

application, how

SECT. 387. The fees of said commissioners shall be deducted by Fees of commisthem from the said reward.

sioners.

XVI. OF PROCEEDINGS TO OBTAIN RIGHT OF FLOWAGE.

a water mill, how

SECT. 388. When any person shall desire to set up a water mill 1864. Right to flow on his own land, or upon land of another with his consent, and to land, by the ereeerect a dam on the same, for working such mill by water, which dam tion of a dam for would flow water on to land belonging to any other person, and can to be obtained. not agree with the owner, or owners, as to the damages to be paid, he may bring his petition to the superior court for the county where the land to be overflowed, or any part of it, lies, which petition shall contain such a description of the land to be overflowed and of the dam, its location, and proposed height, that the record will show with certainty the matter that shall be determined, and shall be served on the respondent as other petitions are by law required to be served.

heard

Committee to hear the petition,

when and how

SECT. 389. The petition, unless the parties thereto shall agree upon the judgment that shall be rendered thereon, shall be and decided by a committee of three judicious, disinterested free- to be appointed;

and their duties.

Estimate of damages.

1865.

holders of the county, to be appointed by the superior court, at such time and place, and with such notice to those interested, as the superior court shall order; and if such committee shall be of opinion that the flowing such land in the manner proposed will be of public use, they shall establish the height to which such dam may be built and the water raised thereby, and the length of time, or period during which the same may be kept up in each year thereafter; and shall assess the sum to be paid to the respondent, by the petitioners, for the right to flow such land according to their report, and make return of their doings to the court; and in estimating the damage they shall take into account any damage occasioned to any other land of the respondent, as well as damage to the land overflowed; and, having assessed such damage, shall make return of their doings to said superior court, and said court shall add fifty per cent. to said sum, as the sum to be paid for such right to flow such land.

SECT. 390. No such dam shall be erected to the injury of any mill, Dam may not be lawfully existing, either above or below it on the same stream, or to erected to the the injury of any mill-site, on the same stream on which a mill or mill-dam shall have been lawfully erected and used, unless the right to maintain a mill on such last mentioned site shall have been lost, or defeated by abandonment or otherwise.

prejudice of other mills.

1864.

mittee may be

SECT. 391. Upon the return of the report of the committee of Report of com their doings, any person interested therein may object to the acceptset aside, when, ance of the same, for any irregularity or improper conduct, and the and when final. court may for such cause set it aside, and order a re-hearing; but if

Motion for a jury

ages.

the court accept and establish the same, it shall be final and conclusive in the matter, except upon the question of damages; and said court may set aside the report of the committee for any cause which to said court may appear to be just and reasonable, and, if required, shall inquire for itself whether the erection of said dam is of public use or not, notwithstanding any finding of the committee; and if the court is of opinion that the erection of said dam is not of public use, the petition shall be dismissed.

SECT. 392.

Either party may move for a jury to re-assess the to re-assess dam- damages reported by the committee, and the court shall order the same to consist of the same number, to be drawn, and the proceedings conducted, in the same manner, as when a jury is sent out by such court to assess damages for highways; and the said court shall add fifty per cent. to the amount assessed by the said jury for the value of the land, as the measure of damages to be paid for flowing the land described in the petition.

Parties in interest

may object to the

SECT. 393. Upon the return of the doings of such jury, any per son interested therein may object to the acceptance of the same, and for any irregularity or improper conduct, the court may set it aside, court may order and order a re-hearing; if the court accept such return, it shall be a re-hearing. final in the matter of damages.

return of the jury, and the

Petitioner mov

shall pay costs of

hearing.

SECT. 394. If the petitioner shall move for a jury, he shall pay ing for a jury the costs of the application and hearing, whether the jury shall raise application and the damages assessed by the committee or not; and if the jury shall not lessen such damages, he shall pay costs to the respondent, but if they lessen the damages he shall pay no cost to the respondent. If the jury shall raise the damages, the whole shall be taxed against the petitioner, and the court, on motion, may require bonds for costs to the adverse party from the petitioner at any stage of the proceed ings, and on motion, from the respondent to the petitioner, if the respondent shall move for a jury.

final on the par

within sixty days

SECT. 395. The assessment of damages, made as aforesaid, shall Assessment of be final and conclusive on the parties, their heirs and assigns, and damage the p give the petitioner, his heirs and assigns, forever, the right to keep ties and paid up such dam as established; but the damages assessed, and costs, shall be paid by the respondent, or deposited with the treasurer of the county where the proceedings are had, for such respondent, before the water is flowed on to such lands, and within sixty days after the proceedings on said petition are ended; and if such damages and costs are not so paid or deposited, the whole proceedings shall be of no legal effect.

may

erected, may be

SECT. 396. The owner of any water mill, heretofore, or which Dams already hereafter be erected, raise his dam in the same manner, raised. may and subject to the same conditions as are provided for erecting dams for flowing land.

to be paid by pe

SECT. 397. The fees and expenses of the petition shall be paid by Fees and exthe petitioner except where it is especially herein before provided penses of petition otherwise, and shall be the same as are taxed for like services in titioners; how laying out highways, under proceedings had for that purpose in the taxed, &o. superior court.

TITLE II.

AN ACT FOR THE DETECTION AND PUNISHMENT OF
SECRET ASSAULTS.

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

SECTION 1. That whenever any person shall have broken the peace Complaint. by secretly assaulting, beating, maiming, wounding or hurting another person, the person so assaulted and injured may make complaint against the party offending, to a justice of the peace in the county where the act was committed, and on showing to such justice the wounds and injuries he has received, such justice of the peace shall forthwith issue a warrant, directed to some proper officer, command- Warrant. ing him to arrest such offender, and bring him before such justice to answer such complaint; and if the party injured shall make oath that he has been assaulted and wounded by the person complained. of, as in said complaint is alleged, said justice shall order the party complained of to be bound in a sufficient bond with surety to the Binding over. adverse party, to appear at the next superior court in said county, and answer to the said complaint, and pay all such damages as shall be awarded against him by the final judgment of said court; and in case of refusal to become bound as aforesaid, such person so com

« ÀÌÀü°è¼Ó »