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lands on the west

ted States all the facilities necessary and proper to secure the jurisdiction and title to the lands at said proposed site, and to encourage an object of such importance to this state and to the United States; jurisdiction is ceded to the United States of America over all lands Jurisdiction of situated on, or near, the western bank of the harbor of New London, bank of New Lon and the river Thames, in the towns of New London and Waterford, don harbor, ceded conditionally, to extending from the Island of Rocks, so called, in the harbor of New the United States, London, and including the same, to and up to Smith's Cove, so called, for for a navy yard, and including the promontory known as "Mamacoke;" the said Island of Rocks being the southern terminus, and said Smith's Cove the northern terminus; and between the channel of the Thames river, as the eastern boundary, and such line or lines, commencing at said Island of Rocks, and running northerly to Smith's Cove, in a general course, parallel to the river, as shall be designated, by the engineer or commissioners of the United States, as the western boundary, to include such land between said eastern and western boundary, as may be deemed necessary by the government of the United States, for the location of a navy yard or depot, it being intended hereby to cede jurisdiction over such portion, within said described bounds, as may be deemed necessary by the government of the United States, in case it should locate upon the same for the purposes aforesaid, and not otherwise; and a map and survey of the same shall be filed by Map and survey, the United States, in the office of the secretary of this state, and to be filed. copies thereof lodged on file, in the offices of the town clerks of the towns of New London and Waterford, reserving to this state the Reservation. right of serving, and executing, all civil and criminal process thereon.

to obtain title to

trust.

SECT. 49. For the purpose of acquiring title for the United States, City of New Lonto the above described tract of land, or so much thereof, as may be don empowered deemed necessary for the purposes aforesaid, the city of New London the premises, in is authorized, whenever the government of the United States shall have decided upon the location of a navy yard, or depot, at or near said site, and shall have indicated or designated what portion of said tract they desire for said purposes, to acquire title to said premises, by purchase or otherwise, in trust, and for the purpose of conveying the same to the government of the United States, when thereto required.

praisal, in case

SECT. 50. In case said city cannot agree with any party in inter- Provisions for apest, relative to the purchase of said interest, or in case the names, the city cannot residence, or interest, of any parties cannot be ascertained upon rea- agree on terms of sonable diligence, or in case the party in interest should labor under purchase. disability, or if, for any other cause, said city should be unable to acquire title to any portion thereof, said city may prefer its petition Petition. to any judge of the superior court, praying for the appointment of commissioners of appraisal. Such petition shall contain a description of the tract, or tracts, of land sought to be obtained, and the reason, in each case, why title to the same cannot be acquired, and shall also contain the names, residence, and nature of the interest, of all persons, owning or claiming an interest in any of said described tracts, so far as the same can be ascertained, upon reasonable diligence, and shall be verified by the mayor or authorized attorney of the city.

SECT. 51. On the presentation of such petition, the said judge Notice. shall direct notice of the day, on which the same shall be heard by him, to be given to all persons interested, by service of a copy of the same on each of such interested persons, or by advertising in a newspaper, published in the county where the land is situated; and also a general notice, by such advertisement, to all persons not named,

Appointment of appraisers.

Award.

Judge to make

ation.

having or claiming an interest in any portion of said premises, to appear at said time and place; and any person, not named in said petition, having an interest, may appear, and upon the statement and proof of his interest, may be made a party to the proceedings, and said judge shall order such other notice, as he shall deem reasonable and proper; and such notice shall be deemed, and held, sufficient and conclusive, as against any person having, or claiming, any interest in any portion of said premises; and due proof of such service, advertisement, or other sufficient notice, shall be made and exhibited to said judge.

SECT. 52. On the hearing of said petition, if no sufficient cause be shown against the same, the said judge shall appoint three disinterested persons to appraise the value of the land mentioned therein, who shall be duly sworn, impartially to execute their duty as such appraisers, and who shall, within reasonable time, make a report to said judge, of their proceedings, and of the amount of their appraisal in each case, and of the name of the party, to whom said appraisal is made, and the interest appraised, so far as the same can be ascer tained; and in case the names, or interest, of the parties, to any tract, or any portion of the same, cannot be ascertained, the appraisers shall ascertain the value thereof, and make a report of the same, with a description of said tract; and said report shall also contain a description of all the premises appraised, and may be accepted and confirmed by said judge, after such notice to the parties in interest, and such general notice to all others not named, as he shall prescribe, if in his opinion such confirmation is proper.

SECT. 53. Said judge shall make an order of confirmation, which order of confirm- shall contain a recital of the proceedings, with a description of the tract or tracts aforesaid, the names and residence of the parties to whom said appraisal is made, and the amounts appraised to each, and the interest of the party therein, whenever the name, residence, and interest, can be ascertained; and in case the same cannot be ascertained, then a description of the land, with the appraised value of the same. And said order shall direct to whom said amounts shall be paid, respectively, where the parties and the interests are known, and where they are not known, said order shall direct the amount of appraisal, in each of such cases, to be deposited with the treasurer of the county of New London, with the description of the land, in each case, for which said appraisal was made, and for the benefit of such parties, as may prove to be entitled thereto. The amount of costs, and expenses, and counsel fees, on said proceedings, shall be ascertained and settled by said judge, and annexed to said order, and all the files and records in such proceedings, on the final determination thereof, shall be returned to the clerk of the superior court, in the county where the land lies, who shall record On payment of the same in the records of said court; and on recording a certified title to vest in Copy of said order, at full length, in the office of the clerk of the the city, in trust. town, in which such premises are situated, which said clerk is here

award, &c., the

City authorized

to United States.

by authorized to record, and on payment or deposit, by said city of New London, of the sums to be paid, as determined by said judge, and directed by said order, the title to said premises shall vest in said city of New London, in trust for the uses aforesaid.

SECT. 54. Upon the completion of the proceedings, as provided to transfer title in the preceding section, and after the city of New London shall have acquired the title as aforesaid, the mayor of said city, or its attorney thereto lawfully authorized, upon the request of the United

States, or their authorized agents, or commissioners, shall forthwith, by proper deeds, or instruments of conveyance, convey and transfer the same to the United States, upon the payment of the sums expended by said city, to procure said title; and thereupon the title to said premises shall vest in the United States, so long as the same shall be used for the purposes before mentioned.

TITLE XXXVIII.

AN ACT RELATING TO LIENS.

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

Lien given to persons for build

SECTION 1. Every dwelling-house, or other building, in the con- 1855. struction, erection or repairs of which, or of of its appurteany nances, any person shall have a claim for materials furnished, or ings erected, or services rendered, exceeding the sum of twenty-five dollars, shall, them, &c. with the land on which the same may stand, be subject to the payment of such claim; and the said claim shall be a lien on such land and building and appurtenances, and shall take precedence of any other lien or incumbrance, which shall originate subsequent to the commencement of such services, or the furnishing of any such materials, subject to apportionment as provided in the fifth section of this act; and said premises shall be liable to be foreclosed by such person, in the same manner as if held by mortgage.*

clerk.

SECT. 2. The debt for services or materials, as aforesaid, shall not Certificate to be remain a lien on such land or building, for a longer period than lodged with town sixty days after the person, performing such services or furnishing such materials, has ceased so to do, unless he shall lodge with the town clerk of the town, in which said building is situated, a certificate in writing, describing the premises, the amount claimed as a lien thereon, and the date of the commencement of the claim, the

Liens attach to land about buildings necessary and convenient for their use. Bank of Charleston v. Curtis, 18 C. R. 342. What certainty is required in certificate. Same. For various points regarding builder's liens, see Consociated Presbyterian Society of Green's Farms v. Staples, 23 C. R. 544; Fitch v. Baker, 23 C. R. 563; Benedict v. Danbury and Norwalk Railroad Co., 24 C. R. 320; Spaulding v. Thompson Ecclesiastical Society, 27 C. R. 563; Rose v. Persse and Brooks Paper Works, 29 C. R. 256. Same, 30 C. R. 461.

When debt is

certificate to be lodged.

same being first subscribed and sworn to, as the amount justly due, as nearly as the same can be ascertained, which certificate shall be recorded by the town clerk, with deeds of land.

SECT. 3. Every person, who has lodged a certificate as aforesaid, satisfied, further after receiving satisfaction for his debt, or after final judgment against him, showing that nothing is due by reason of his claim, shall, at the request of any person interested in the premises on which the same was a lien, or interested in having the lien removed, lodge a further certificate with said town clerk, that said debt is satisfied and said lien removed, which certificate shall be recorded by said town clerk, as aforesaid, and shall forever discharge said lien; and if any person who has received satisfaction as aforesaid, or against whom a judgment has been rendered, as aforesaid, shall not, within ten days after request in writing, lodge a certificate with the town clerk, as aforesaid, he shall pay, to the party or parties aggrieved, a sum not exceeding one-half the debt claimed as a lien on said premises, according to the circumstances of the case, to be recovered in an action of debt; and the party, lodging certificates as aforesaid, shall pay to the town clerk twelve and a half cents, for recording each certificate.

Notice to owner or proprietor

and form of notice.

SECT. 4. No person shall be entitled to make any claim of lien, under this act, nor file his certificate therefor, as prescribed in the when necessary second section of this act, unless he shall, within sixty days from the time he shall have commenced to furnish materials, or render ser vices, notify the owner or proprietor of such dwelling-house, or other building, that he has so commenced to furnish materials, or render services, and that he intends to claim a lien therefor on said building; and such notice shall be in writing, and shall be served upon said owner or proprietor, if he resides in the same town in which said building is being erected or repaired, by some proper officer or indifferent person, leaving with him, or at his usual place of abode, a true and attested copy thereof; and if such owner or proprietor does not reside in the same town in which said building is being erected or repaired, but has a known agent therein, such notice may be served upon said agent in the manner above prescribed; and if such owner or proprietor does not reside in the same town in which such building is being erected or repaired, and has no known agent therein, such notice may be served by some proper officer, or indif ferent person, depositing in the post office, in the town in which the claimant resides, postage paid, a true and attested copy of said notice, directed to such owner or proprietor, at the place where he resides; and where there shall be two or more owners or proprietors, notice to one of said owners or proprietors, if given as provided in this section, shall be deemed notice to all; but the provisions of this section shall not apply to the original contractor for said building, nor to any sub-contractor, whose contract with such original contractor is in writing, and has been assented to, in writing, by the other party to such original contract.

1855. 1856.

the price to be

SECT. 5. No lien shall attach to any building or its appurtenances, Lion not to ex- or to the land on which the same may stand, in favor of any person ceed, in the whole, under this act, to a greater amount in the whole, than the price paid for each stipulated and agreed to be paid for each building and its appurte nances by the owner or proprietor; and when there shall be several claimants, and the amount of their united claims shall exceed the price stipulated, and agreed to be paid, as aforesaid, the claimants, other than the original contractor, shall be entitled to be first paid

building by the proprietor.

in full, if the amount, so stipulated and agreed to be paid, is sufficient for that purpose; but if the same be deficient for that purpose, the said sum, so stipulated and agreed to be paid, shall be apportioned among the claimants, other than the original contractor, who shall have complied with the provisions of this act, in proportion to the amount of the debts due them, respectively, by the original contractor; and the court having jurisdiction thereof, on application of any person interested, may direct the manner in which such claims shall be paid; but in determining the amount to which any lien, or liens, shall attach upon any land or building, the proprietor of any such land or building shall be allowed whatever payments he shall have made, in good faith, to the original contractor or contractors, before receiving notice of such lien or liens.

When boarding

upon baggage.,

SECT. 6. Whenever a special agreement shall have been made 1854. between the keeper of any boarding-house, and any person boarding house keepers at such house, regarding the price of such person's board thereat, may have a lien all the baggage, goods, and effects of every kind, by such person kept at such boarding-house, shall be subject to the lien of such boarding-house keeper, for all such sums as shall be at any time due to such keeper, from such person for board, and such boarding-house keeper shall have the right to detain such baggage, goods, and effects, until such debt so contracted shall be fully paid; and in case, of the non-payment of such debt for the period of sixty days after it is due, such boarding-house keeper shall have the right to sell said baggage, goods, and effects, or such part thereof as shall be necessary, and apply the proceeds of such sale to the payment of such debt.

TITLE XXXIX.

AN ACT FOR THE LIMITATION OF CIVIL ACTIONS,
AND CRIMINAL PROCEEDINGS.

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

limited.

SECTION 1. That no person shall make entry into any lands or Entry int lands tenements, but within fifteen years next after his right or title to the same shall first descend or accrue; and every person, not entering as aforesaid, and his heirs, shall be utterly disabled to make such entry afterwards; and no such entry shall be sufficient, unless an

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