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Mode of proceeding, when

ed.

SECT. 6. Whenever a scire-facias shall be brought to recover a debt due to, or the goods and effects of, an abdebt is assign- sent or absconding debtor, in case any person or persons, either jointly or severally, claim such debt, as assignee or assignees thereof, or such goods or effects, as owner or owners thereof, the defendant, in such scirefacias, having notice or knowledge of such assignment, ownership, or claim, may give notice in writing, signed by proper authority, and duly served, to such claimant or claimants, or his or their attorney, that such scire-facias is pending, and he or they may appear, if they see cause, and defend against such scire-facias; and thereupon, unless such claimant or claimants shall, within such time as the court, before whom the scire-facias is pending, may direct, give to such defendant sufficient security, to the approbation of the court, to indemnify him against all costs, he may suffer judgment, by default, or otherwise, to be given against him, on such scire-facias; which shall be a bar to the claim of the assignee or assignees of the debt, or the owner or owners of the goods or effects; and the defendant may give the same in evidence, under the general issue, in an action brought to recover the debt, or the value of the goods or effects. And in case such assignee or assignees, owner or owners, shall give such security, and make effectual defence against the scire-facias, he or they shall be entitled to the bill of costs, that shall be recovered against the plaintiff; but if he or they fail to make effectual defence, the judgment that may be rendered on the scire-facias against the defendant, shall be a bar to any claim against him, and he may give it in evidence under the general issue.

If defendant

refuses to disclose, he shall

take no benefit of this act.

ers, costs to be

cretion.

SECT. 7. Whenever the assignee of a debt, or the owner of goods or effects, shall have given security, pursuant to this act, if the defendant, on due notice given him, shall neglect to appear and disclose, on oath, if required, on the trial of such scire-facias; or in case a commission shall be issued, shall neglect to make disclosure before the commissioners; he shall take no benefit of this act, nor of the security given as aforesaid.

When original SECT. 8. In case any action shall be commenced, or creditor recov- having been commenced, shall be prosecuted, in the taxed, at dis- name of the original creditor, to recover any debt, or in the name of any person claiming to be owner, to recover the value of any goods or effects, while such debt, goods, or effects are under the lien of a foreign attachment, it shall be in the discretion of the court, according to the circumstances of the case, if final judgment be rendered in favor of the plaintiff, to allow costs to the defendant, to be deducted out of such debt, or out of the

value of such goods or effects, or to allow costs to the plaintiff, or to allow no costs to either party.

closure.

SECT. 9. The court before which a scire-facias shall Commission be pending, shall have power to issue a commission to may be granttake the disclosure of the defendant, on oath, whenever, ed to take dison account of his living out of the state, or his being about to go out of the same, or his being unable to travel, through age, sickness, or bodily infirmity, the court shall judge it to be reasonable.

on execution.

SECT. 10. The goods or effects, or debts, of an absent When demand or absconding debtor, shall not be holden or secured in must be made the hands of his attorney, agent, factor, trustee, or debt- of garnishee, or, by virtue of any judgment rendered against the debtor, unless they shall be demanded of them within sixty days after the rendition of the judgment. And no writ of scire- Limitation of facias shall be maintained against such attorney, agent, scire-facias. factor, trustee, or debtor, unless the same be brought with

in one year next after the right of taking out or bringing

the same, shall have accrued.

Disclosure in

SECT. 11. And the plaintiff, in a suit by foreign attachment, may, at his discretion, insert in the writ, a direction suit against to the attorney, agent, factor, trustee, or debtor of the the debtor. defendant, to appear before the court to which the same is returnable, to answer and disclose, on oath, whether he has in his hands the goods or effects of the defendant, or is indebted to him; and if such garnishee shall appear, the court are hereby impowered to examine him, on oath, respecting the same, and to make other enquiry, by proper testimony; and if it shall appear to them, that such garnishee has not the goods or effects of the defendant in his possession, or is not indebted to him, he shall be entitled to recover his costs, and judgment shall be rendered in his favor therefor. But if it shall appear from such examination, that such garnishee has in his possession goods and effects of the defendant, or is indebted to him, then the court shall ascertain the amount, and the same shall be sufficient evidence to authorize the court to render judgment therefor, in favor of the plaintiff, on a scire-facias against the garnishee, if he shall refuse to deliver such goods and effects, or pay such debt, when lawfully demanded, on an execution that may be duly obtained in a suit against the absent and absconding debtor; unless the garnishee can prove, by new and further evidence, that he had not in his possession the goods and effects of such debtor, and is not indebted to him.

SECT. 12. But if the garnishee shall neglect or refuse Garnishee to appear at the court to which the writ is returned, with- refusing to apout reasonable excuse, or shall refuse to disclose on oath, close, liable whether he has any goods or effects of the defendant in for costs.

pear or dis

Thames river.

Time of fishing.

Obstructions prohibited.

Keys' brook in
Killingly.
Two parts.

the same has been adjudged to be a nuisance, by the su perior or county court.

SECT. 18. No person or persons shall draw any seine, or other fish-craft, in the river Thames, above the south line of Paukatannac cove, excepting between the setting of the sun on Monday evening, and the rising of the sun on Saturday morning, in each week, from the twentieth day of April, to the twentieth day of June, in each year, on the penalty of one hundred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect.

SECT. 19. No wears, hedges, fish-garths, or other obstructions, or incumbrances, shall be set, erected, or made, on or across the river Thames, above the south line of Paukatannac cove, so as to impede or obstruct the natural and usual course and passage of the fish, in their season, in, or up said river: and whosoever shall be guilty of a violation of this section, shall forfeit one hundred dollars, to the use of him who shall sue therefor, and prosecute his suit to effect.

SECT. 20. Keys' brook, that runs from Quinebaug pond to Quinebaug river, in the town of Killingly, for the purpose of fishing therein, shall be divided into two parts; that is, the first part extending from the said river eastward, to the public road that crosses said brook, and the second part shall extend from said road eastward to said pond; and no person or persons shall fish, with any scoopnet, seine, or other fish-craft, in the first part of said brook, except between the rising of the sun on Monday Time of fish- morning, and the rising of the sun on Wednesday mornIng. ing and no person or persons shall fish, with any scoopnet, seine, or other fish-craft, in the other part of said brook, except between the rising of the sun on Wednesday morning, and the rising of the sun on Friday morning, in each week, during the months of April, May, and June, in each year: and whosoever shall be guilty of a breach of this section, or be aiding, or abetting therein, shall forfeit thirty-four dollars, to the use of him who may sue therefor, and prosecute his suit to effect.

New-Haven
East-river.

SECT. 21. No person shall, at any time, during flood tide, station or draw any seine, or other fish-craft, in New-Haven East-river, between Mansfield's bridge and Doolittle's mills and no peron shall set or draw any seine, or other fish-craft, in said river, between the bridge Time of Fish- and mills aforesaid, from the setting of the sun, on ing. Wednesday evening, until the setting of the sun, on Thursday evening, in each week and every person guilty of a breach of this section, shall forfeit the sum of fourteen dollars, one half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury

of the county, wherein the offence is committed; and shall also forfeit the seine, ropes, and other implements used for catching fish, contrary to this section, to be appropriated as aforesaid.

SECT. 22. No person shall set or draw any seine, or Obstructions otherwise obstruct the course of the fish, into, or up Sel- prohibited. den's creek in Lyme, within forty rods eastward of the mouth of said creek, on Connecticut river, or within sixty rods within said creek, or at any place below the Homock, on penalty of forfeiting thirty-four dollars, to him who shall sue therefor, and prosecute his suit to effect: provided, that the proprietors of the Homock may, at all seasons, fish at that place; and the proprietors of land ad oining said creek, below the Homock, not within sixty rods of the mouth of the creek, may fish on their own lands, on the tide of ebb only, after the eighteenth day of May annually.

ed.

SECT. 23. No wear, pound or other obstruction, shall Obstructions be erected, or continued in the channel of Paukatuck in Paukatuck river, dividing the states of Connecticut and Rhode-Island, river prohibitso as to interfere with the main channel of said river, upon penalty of twenty dollars, for the first offence, and seven dollars for every twenty-four hours, or any less, space of time, any such wear or other obstruction shall be continued in the main channel of said river, after the first offence.

SECT. 24. No person or persons, shall be permitted Times of fishto draw any seine or seines in said Paukatuck river, ing. from the twentieth day of March, to the first day of June, annually, excepting between the rising of the sun on Monday morning, and the rising of the sun on Thursday morning, in each week, on penalty of twenty dollars, for each and every time such seine shall be set or drawn, otherwise than as aforesaid; and no person or persons shall be permitted to throw any stones into said river, upon penalty of seven dollars, for each and every such offence, to the end that the fish may more freely pass to the various sources of the river afore

said.

dams.

SECT. 25. Yearly, and every year, from the twenti- Passages to eth day of March, to the first day of June, there shall be kept open be a passage opened in the mill-dam, below Pauka- through milltuck bridge, from the bed or bottom of said river, twenty feet in length, to extend ten feet easterly, and ten feet westerly from the middle of said river; and similar passages shall be opened, in manner as aforesaid, in all the other mill-dams in said river, of fifteen feet in length, excepting Sanford Taylor's mill-dam, which shall be opened twenty feet in length, ten feet between the

Plaintiff with

his possession, or is indebted to him; then, if the plaintiff shall bring a scire-facias against him, on a judgment recovered against the defendant in the suit, such garnishee shall be liable to pay all the costs that shall have accrued, though it shall appear that he had not any of the goods or effects of the absent and absconding debtor in his possession, and was not indebted to him; and execution shall issue against him, to pay the same out of his estate.

SECT. 13. When the garnishee appears at the return of drawing suit, the writ, and submits to an examination, and it is found liable for costs. that he has the goods or effects of the absent and absconding debtor in his possession, or is indebted to him; then, if the plaintiff withdraws his suit, or fails to recover judgment against the defendant, such garnishee shall be entitled to recover his lawful costs; and the court shall issue execution for the same accordingly.

established.

TITLE 38. Forms.

An Act prescribing Forms of Writs and Proces

SECT. 1.

ses.

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

Forms of writs That the following several forms of writs and processes, in civil causes, here under-written, be, and they are hereby established to be the forms to be used in this state, by the respective officers therein.

Summons be

SECT. 2. Summons for appearance before a justice of

fore a justice of the peace.

the peace.

Attachment

To the sheriff of the county of H.

his deputy, or

either of the constables of the town of G. within said county: Greeting.

BY authority of the state of Connecticut, you are hereby commanded to summon A. B. of G. aforesaid, to appear before J. H. Esq. justice of the peace for the county aforesaid, at in H. on the day of at

of the clock in the noon; then and there to answer to C. D. of W. in a plea of which is to the damage of the said C. D. dollars, and he therefore brings this suit. And of this writ, with your doings therein, make due return. Dated at H. the

Anno Domini,

day of

J. H.

SECT. 3. Attachment before a justice of the peace.
To the sheriff, &c.

BY authority of the state of Connecticut, you are before a justice hereby commanded to attach the goods or estate of A. B. of the peace. of F. aforesaid, to the value of

dollars, and for want

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