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the words " if the damages found and assessed in any civil ac-
tion in which equitable relief was not properly demandable”
and inserting in lieu thereof the words " in all actions founded
on tort,” by striking out in the fourth line the words “ by
the defendant,” by striking out, commencing in the fifth line,
the words “ shall not exceed one hundred dollars, costs may be
taxed at the discretion of the court in favor of either party;
provided that in all actions founded on a tort, so tried, and not
brought to such court by the defendant by appeal,” and by
striking out in the tenth line the words " the value of which
property or right is found to exceed fifty dollars," so that said
section as amended shall read as follows: In all actions founded
on tort tried in the superior court, court of common pleas, or
the district court of Waterbury, or any city court, and not
brought to such court by appeal, if the damages found do not
exceed fifty dollars, the plaintiff shall recover no more costs
than damages, unless the title to property, or a right of way,
or to the use of water, is in question, or unless the damages
were reduced below said amount by reason of some act of the
defendant pending the suit; in either of which cases the plain-
tiff shall recover full costs. Judgment for nominal damages
upon a hearing after a default or a demurrer overruled, shall
entitle the party in whose favor they are given to the full tax-
able costs of the suit.

SEC. 2. This act shall take effect from its passage.
Approved, May 28, 1907.

[Substitute for House Bill No. 245.]

CHAPTER 98.

season,

An Act amending an Act concerning the Close Season for Trout.
Be it enacted by the Senate and House of Representatives in

General Assembly convened:

Section 3138 of the general statutes is hereby amended by Trout, close inserting in the second line thereof after the word “inclusive the words “ except that in Litchfield county such close season shall be from July first to April fourteenth, both inclusive," so that said section as amended shall read as follows: The close season for trout, other than lake trout, shall be from July first to March thirty-first, both inclusive, except that in Litchfield county such close season shall be from July first to April fourteenth, both inclusive. Trout shall not be taken, killed, purchased, sold, exchanged, or exposed for sale or exchange, or possessed during the close season, except as provided in section 3142.

Approved, June 5, 1907.

[House Bill 755.]

CHAPTER 99.

An Act amending an Act concerning the Appointment of

Notaries Public.

Appointment of notaries public.

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

Section 69 of the general statutes is hereby amended to read as follows: The governor may appoint and commission a convenient number of notaries public, each of whom shall hold office from the date of his commission and for a period of two years from the first day of February of the year in which he shall be commissioned, unless his commission shall be sooner revoked by the governor; and any notary public may exercise his functions at any place in this state. Every person appointed a notary public shall pay to the executive secretary the sum of one dollar, one quarter of which shall be paid by him into the treasury of the state, and one quarter to the executive clerk. All applications for appointment to the office of notary public, except when made by attorneys-at-law or commissioners of the superior court, shall be in the handwriting of the applicant and upon such forms of application as shall be furnished by the executive secretary.

Approved, June 5, 1907.

[Substitute for Senate Bill No. 113.]

CHAPTER 100.

An Act amending an Act concerning Trustees of the Connecti

cut Agricultural College.

Number of graduate trustees increased from one to two.

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

SECTION 1. Section 4394 of the general statutes is hereby amended by striking out, commencing in the sixth line of said section, the words “ The graduates of said college shall biennially elect a trustee who shall be a graduate of the institution of at least five years' standing, and who shall hold office for two years from the first of July next succeeding his election” and inserting in lieu thereof the words “Before the first of July, 1907, the graduates of said college of two years' standing shall elect two trustees, who shall be graduates of the institution of at least ten years' standing, one trustee to hold office for two

ment.

years and one for four years from the first of July, 1907, and during the year 1909, before the first of July, and biennially thereafter, shall elect one trustee who shall hold office for four years from the first of July next succeeding his election," and by inserting after the word “graduates ” in the thirteenth line the words “ of two years' standing,” so that said section as amended shall read as follows: The senate shall biennially appoint three trustees of said college, who shall hold office for four years from the first of July next succeeding such appoint

The Connecticut board of agriculture shall annually elect a trustee, and the director of the Connecticut agricultural experiment station shall be ex officio one of said trustees. The governor shall be ex officio president of the board of trustees. Before the first of July, 1907, the graduates of said college of two years' standing shall elect two trustees, who shall be graduates of the institution of at least ten years' standing, one trustee to hold office for two years and one for four years from the first of July, 1907, and during the year 1909, before the first of July, and biennially thereafter, shall elect one trustee who shall hold office for four years from the first of July next succeeding his election ; said election shall be held at the college during commencement week under the supervision of a canvassing board consisting of three members, one appointed by the board of trustees, one by the alumni association of the college, and one to be selected by the other two members of said canvassing board; at said election all graduates of two years' standing shall be entitled to vote by signed ballots deposited personally, or by letter.

SEC. 2. This act shall take effect from its passage.
Approved, May 29, 1907.

[Substitute for Senate Bill No. 218.]

CHAPTER 101.

An Act concerning the Salaries and Expenses of Judicial

Officers.

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

SECTION 1. The chief justice of the supreme court of Salaries of errors, each associate justice of said court, each judge of the preme and su

perior courts. superior court, and each state referee shall receive, in lieu of all other sums heretofore allowed by law for salaries or expenses, annual salaries as follows: The chief justice of the supreme court of errors, eight thousand dollars; each associate justice of said court and each judge of the superior court, seven

Repeal.

thousand five hundred dollars; and each state referee, three thousand five hundred dollars.

Sec. 2. Chapters 137 and 163 of the public acts of 1903, chapters 213 and 223 of the public acts of 1905, and so much of section 4816 of the general statutes as is inconsistent herewith, are hereby repealed.

SEC. 3. This act shall take effect October 1, 1907.
Approved, June 5, 1907.

[Substitute for House Bill No. 82.]

CHAPTER 102.

An Act concerning the Salaries of State's Attorneys.

Be it enacted by the Senate and House of Representatives in

General Assembly convened: Salaries of state's attorneys.

SECTION 1. The state's attorneys in the several counties shall receive: For Hartford county, four thousand dollars per annum; New Haven county, four thousand dollars; Fairfield county, four thousand dollars; Tolland county, fifteen hundred. dollars; Litchfield county, two thousand dollars; Windham county, seventeen hundred dollars; Middlesex county, seventeen hundred dollars; New London county, twenty-five hundred dollars. The assistant state's attorney for New Haven county at Waterbury shall receive eighteen hundred dollars per annum. The superior court may tax and allow for an assistant to the state's attorneys for New Haven, Hartford, and Fairfield counties, one thousand dollars a year each. There may be allowed by the court to an assistant attorney for the state ten dollars in cases where the punishment may be imprisonment for life, and five dollars in other cases, upon the certificate of the state's attorney or prosecuting attorney of the court.

SEC. 2. Section 4834 of the general statutes and chapter 68 of the public acts of 1903 are hereby repealed.

Sec. 3. This act shall take effect on the first day of July, 1907.

Approved, June 5, 1907.

Repeal.

1907.]

ASSISTANT CLERKS OF PROBATE COURTS.

657

[Substitute for House Bill No. 304.]

CHAPTER 103.

An Act concerning the Appointment of Assistant Clerks of

Courts of Probate.

.

Be it enacted by the Senate and House of Representatives in

General Assembly 'convened:

SECTION 1. The judge of any court of probate may ap- Judge oil probate point an assistant clerk who shall continue in office until he shall point assistant resign, or be removed or superseded. Said assistant clerk shall be sworn to a faithful performance of his duties, and when so appointed and sworn shall have the same powers and may perform the same duties as the clerk of such court; and he shall, when so required, give such bond as the judge of said court shall deem necessary.

Sec. 2. This act shall take effect from its passage.
Approved, June 5, 1907.

[Substitute for House Bill No. 522.]

CHAPTER 104.

An Act amending an Act concerning Writs of Error in Sum

mary Process.

Be it enacted by the Senate and House of Representatives in

General Assembly convened: SECTION 1. Section 1087 of the general statutes is hereby Summary, amended by inserting after the words “writ of error” in writ of' error the sixth line thereof the words “but any Sunday or legal holi- stay of execution. day intervening shall be excluded in computing said forty-eight hours," so that said section as amended shall read as follows: When any writ of error shall be procured by the defendant in an action by summary process, he shall give a sufficient bond, with surety, to the adverse party, to answer for all rents that may accrue during the pendency of such writ of error, or which may be due at the time of its final disposal; and the defendant shall have forty-eight hours after judgment has been rendered for filing his bill of exceptions and procuring his writ of error, but any Sunday or legal holiday intervening shall be excluded in computing said forty-eight hours; and execution shall be stayed during that time, if it shall appear to the justice who renders the judgment that such proceedings are not made for the purpose of delay.

SEC. 2. This act shall take effect from its passage.
Approved, June 5, 1907.

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