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electors admitted and sworn as aforesaid, shall be enrol- Their names to be enrolled. led by the town-clerk, on the records of such town.

SECT. 5. The oath provideed for electors, may be administered at either of said meetings of the town-clerk and select-men, by any person authorized to administer oaths, and shall be as follows, to wit:

You, A. B. do solemnly swear, (or affirm, as the case Form of oath. may be,) that you will be true and faithful to the state of Connecticut, and the constitution and government thereof, as a free and independent state, and to the constitution of the United States; and whensoever you shall be called to give your vote or suffrage, touching any matter which concerns this state, or the United States, you shall give it as you shall judge will conduce to the best good of the same, without respect of persons, or favor of any man: So help you God.

SECT. 6. The select-men and clerk of each town in this state, shall, previous to entering on the duty of examiners of the qualifications of electors, take the following oath, to wit:

You do solemnly swear, (or affirm, as the case may be,) Form of oath that you will faithfully discharge, according to law, the for examiners duties of the office of examiners of the qualifications of of qualificaelectors, to the best of your abilities: So help you God. tors.

tions of elec

ficates of ad

SECT. 7. No person, who claims to have been admit- Electors adted an elector in any other town in this state, than that mitted in othin which he shall offer to vote, shall be permitted to vote er towns, to therein, in the choice of representatives, until he shall produce certiproduce, to the presiding officer, in electors' meeting, a mission. certificate from the town-clerk of the town in which he was admitted, of such his admission; and no person admitted as an elector in any town in this state, shall be permitted to vote in the choice of representatives, in any other town, until he shall have statedly resided therein, four months, at least, next before the time when he shall offer to vote therein.

TITLE 30. Equity.

An Act regulating proceedings in Equity.

SECT. 1.

E it enacted by the Senate and House of RepThat the several courts having jurisdiction of suits brought for relief in equity, shall have power to proceed according to the rules, usage, and practice in courts of equity; and shall take cognizance of matters only in which adequate relief cannot be had in the ordinary

Residence be

fore voting.

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No appeal, Suits in equity, how to be serv

ed.

Order of notice.

Finding of facts.

course of law. They shall keep records of their proceed-
ings; and shall have power to enforce their decrees, by
granting execution thereon against the estate or person
of
the defendant, or in any other manner proper for a court
of equity; and no appeal shall be allowed from their
sentences or decrees. All bills or petitions, preferred to
a court of equity, shall be signed by the party, and shall
be accompanied with a summons, signed by lawful au-
thority, notifying the defendant or respondent to appear
before the court; and shall be served, by some proper
officer, on the defendant or respondent, by reading, or
by leaving a true and attested copy, at his usual place of -
abode, at least twelve days before the sitting of the court.
And whenever the defendant or defendants, named in the
bill or petition, shall live out of the state, the court to
whom the same is preferred, and has cognizance there-
of, or either judge of such court, in vacation, shall have
power to make such orders, relative to the notice which
shall be given, as they shall deem reasonable; and such
notice having been given, pursuant to the order of such
courts respectively, in the mode prescribed, and duly
proved to such courts, the same shall be sufficient ser-
vice; and the court may proceed to a hearing thereof,
at the first term, if they shall judge proper.

SECT. 2. It shall be the duty of courts of equity, to cause the facts, on which they found their decrees, to appear on the record, either from the pleadings or decree. Power to pass And courts of equity shall bave power to pass the title to title to land. real estate, by decree, without any act to be done on the part of the defendant or defendants, when, in their judgment, it shall be the proper mode to carry the decree into effect and such decree having been recorded in the records of the town where the land lies, shall, while in force, be as effectual to transfer the same, as the deed of the defendant or defendants.

ance in behalf of minor.

:

SECT. 3. When any minor under the age of twenty-one Guardian authorized to ex- years, shall be interested in any mortgaged, or other real ecute convey estate, which, in equity, ought to be conveyed to any other person or persons, and such conveyance is decreed and ordered, by the court having cognizance of the same, the guardian of such minor is hereby authorized and empowered to make and execute such conveyance, in behalf of such minor; which conveyance, so made, shall be good and effectual in law. And the said court shall have power to enjoin such guardian to make the same, under a suitable penalty.

Court author

ized to appoint a guardian.

SECT. 4. And if such minor have no guardian, at the time of bringing such suit, the said court is hereby authorized to appoint one; and the guardian so appointed, shall

have power to do every thing in behalf of such minor,

proper for his defence in such suit; and for carrying the His powers. decree of the court therein, into effect.

SECT. 5. The superior court of this state shall be, and Superior they are hereby authorized, as a court of equity, on peti- court may direct the taking tion brought before them, to authorize and direct the taking of depositions of depositions, to perpetuate the evidence of facts, where to perpetuate no suit is depending, agreeably to the rules and usages in testimony. chancery proceedings; which depositions, so taken, shall be available in any court of law or equity in this state, in the same manner as depositions taken during the pendency of a suit.

authorized to

grant writs of injunction.

SECT. 6. Either of the judges of the superior court, A judge of the shall have power, on motion, to grant and enforce writs superior court of injunction, according to the course of proceedings in courts of equity, in all cases within the jurisdiction of the superior court, arising in any county where such court shall not be in session. And all writs of injunction shall be made returnable to the next superior court in such county, which court may proceed therein according to the course of proceedings in equity. And no writs of injunction shall be issued, unless the facts stated Facts to be in the application shall be supported by the oath of the supported by applicant, or some indifferent witness.

SECT. 7. The chief judges of the several county courts, in all cases within the jurisdiction of such courts, arising in the counties of which they are judges, when such courts are not in session, shall have power to grant and enforce writs of injunction, returnable to the next county court in such county, and to be proceeded with, in the same manner, and on the same principles, as in cases of writs of injunction, issued by judges of the superior

court.

oath.

Chief judge of county court authorized to

grant writs of injunction.

SECT. 8. The party aggrieved, may bring a writ of Writs of error. error, from the determination of the county court, to the superior court, and from the determination of the superior court, to the supreme court of errors, in all cases, where material and manifest error shall appear of record, in any decree passed by the superior or county court. And courts of equity shall have power to grant new trials New trials. for new-discovered evidence, or any other reasonable cause, according to the course of proceedings in equity.

SECT. 9. Courts of equity may, at any time, permit Amendments. the parties to amend any defect, mistake, or informality in bills, petitions or pleadings, in any suit pending before them, on the payment of lawful costs to the other party, at the discretion of the court: Provided, that the plaintiff may amend his bill within the three first days of the superior court to which it is returned, without costs: and

Disclosure.

in all cases of the amendment of a bill or petition, the court shall grant the defendant a reasonable time to make answer thereto.

SECT. 10. When the plaintiff, in a bill in equity, shall require of the defendant a discovery on oath, respecting the matters charged in the bill, the disclosure by the defendant shall not be deemed conclusive, but may be disproved, or contradicted, like any other testimony, according to the practice in courts of equity. (1)

(1) According to the former practice, the disclosure of the defendant on oath, when called upon by the plaintiff, was held to be conclusive, and could not be questioned.

When no own

pears, estate

to escheat.

1 Day, 156. This defeated the plaintiff of any benefit, in calling on the defendant for a disclosure. To remedy this inconvenience, the present provision was introduced.

TITLE 31. Escheats.

An Act relating to the disposition of Escheats, and other property belonging to the state.

SECT. 1.

E it enacted by the Senate and House of Representatives, in General Assembly convened, That when no owner or heir of any estate, real or perer or heir ap- sonal, can be found, the same shall escheat, and belong to the state; and it shall be the duty of judges of probate to make due enquiry, in their respective districts, after such estate, and to secure the same in the hands of an administrator, appointed for that purpose, and to give notice to the treasurer of the state, who is hereby impowered to receive it from such administrator, and to discharge him therefrom.

Judge of probate to en

quire.

Treasurer to

SECT. 2. And the treasurer shall have power to apappoint agents point agents to manage and take care of all property that to take care of shall escheat to the state; as well as of all lands or other and sell proproperty, to which the state has or may become legally perty escheat- entitled, by judgment or execution, for any debt, fine or

ed;

forfeiture, or in any other way whatever, except lands belonging to the school fund and such agents shall have power to sell and dispose of such property, at public or private sale, or on credit, on such terms as shall be approved of by the treasurer: who is hereby authorized to to give deeds; execute any deeds or conveyances, proper to transfer the same; which shall be good and effectual: and the treasurer shall annually render an account to the general assembly of his proceedings, and credit the avails of the sales to the state: Provided, that if any heir or owner of such estate shall appear, he shall be entitled to the same, or if sold, to the avails thereof, after deducting the necessary expenses.

and render account.

TITLE 32. Estates.

CHAP. I.

An Act for the settlement of Estates, testate, intestate, and insolvent.

SECT.1. E it enacted by the Senate and House of Repre•BE

Who may make a will;

all persons of the age of twenty-one years, and of sound and disposing mind and memory, shall have power to of real estate; dispose of their real estate, by will or testament: all per

sons of the age of seventeen years, and of sound and dis- of personal posing mind and memory, shall have power to dispose of estate. their personal estate, by will or testament: and married women shall have power to dispose of their estate, both real and personal, by will, in the same manner as other persons.

SECT. 2. That all wills shall be in writing, and sub- Wills must be scribed by the testator; and no devise or devises of real in writing. estate, contained in any will or codicil, shall be held good

ed.

gacy to a subscribing witness, void.

and valid, unless such will or codicil shall be subscribed How witnessby the testator, and attested by three witnesses, all of them subscribing in the presence of the testator. SECT. 3. If any beneficial devise, legacy or interest Devise or lehath been, or shall be, made or given, in will or coany dicil, executed after the first day of January, one thousand eight hundred and eight, to any person subscribing such will or codicil, as a witness to the execution thereof, such devise, legacy, or interest, shall, as to such subscribing witness, and all persons claiming under him, be null and void; unless such will orcodicii be otherwise duly witnessed, according to this act and such person shall be admitted as a witness to such will or codicil, in the same manner, as if such devise, legacy or interest had not been given. Provided such devise, legacy, or interest be not made to an heir at law of the testator: nor shall this section operate as to wills made prior to the first day of January, one thousand eight hundred and eight.

If devisee or SECT. 4. Whenever a devisee or legatee in any last legatee die bewill and testament, being a child or grand-child of the tes- fore testator, tator, shall die before the testator, and no provision shall estate shall go be made for such contingency, the issue, if any there be, to his heirs. of such devisee or legatee, shall take the estate devised or bequeathed, as the devisee or legatee would have done, had he or she survived the testator; and if there be no such issue, at the time of the testator's death, the estate

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