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Mode of proceeding, when debt is assign
If defendant refuses to disclose, he shall take no benefit of this act.
sect. 6. Whenever a scire-facias shall be brought to recover a debt due to, or the goods and effects of, an absent 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 orassignees, 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.
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 creditor recovers, costs to be taxed, at discretion.
sect. 8. In case any action shall be commenced, or having been commenced, shall be prosecuted, in the 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. -
sect. 9. The court before which a scire-facias shall
be pending, shall have power to issue a commission to
take the disclosure of the defendant, on oath, whenever,
on account of his living out of the state, or his being
about to go out of the same, or his being unable to trav-
el, through age, sickness, or bodily infirmity, the court
shall judge it to be reasonable.
sect. 10. The goods or effects, or debts, of an absent
or absconding debtor, shall not be holden or secured in
the hands of his attorney, agent, factor, trustee, or debt-
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-
facias shall be maintained against such attorney, agent,
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.
sect. 11. And the plaintiff, in a suit by foreign attach-
ment, may, at his discretion, insert in the writ, a direction
to the attorney, agent, factor, trustee, or debtor of the
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 prop-
er 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 enti-
tled to recover his costs, and judgment shall be rendered
in his favor therefor. But if it shall appear from such ex-
amination, 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-fa-
cias against the garnishee, if he shall refuse to deliver such
goods and effects, or pay such debt, when lawfully de-
manded, 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
to appear at the court to which the writ is returned, with-
out reasonable excuse, or shall refuse to disclose on oath,
whether he has any goods or effects of the defendant in
Commission may be granted to take disclosure.
When demand must be made of garnishee, on execution.
Limitation of scire-facias.
Disclosure in suit against the debtor.
refusing to ap-
pear or dis-
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 ob-
structions, 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 dol-
lars, to the use of him who shall sue therefor, and prose-
cute 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 east-
ward, 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 |. shall fish, with any scoop-
net, seine, or other fish-craft, in the first part of said
brook, except between the rising of the sun on Monday
morning, and the rising of the sun on Wednesday morn-
ing: and no person or persons shall fish, with any scoop-
net, seine, or other fish-craft, in the other part of said
brook, except between the rising of the sun on Wednes-
day morning, and the rising of the sun on Friday morn-
ing, 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.
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
and mills aforesaid, from the setting of the sun, on
Wednesday evening, until the setting of the sun, on Thurs-
day 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 prose-
cute 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 ap-
propriated as aforesaid.
sect. 22. No person shall set or draw any seine, or
otherwise obstruct the course of the fish, into, or up Sel-
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 Ho-
mock, 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.
sect. 23. No wear, pound or other obstruction, shall
be erected, or continued in the channel of Paukatuck
river, dividing the states of Connecticut and Rhode-Island,
so 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
sect. 24. No person or persons, shall be permitted
to draw any seine or seines in said Paukatuck river,
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-
sect. 25. Yearly, and every year, from the twenti-
eth day of March, to the first day of June, there shall
be a passage opened in the mill-dam, below Pauka-
tuck 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 simi-
lar 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
he opened twenty feet in length, ten feet between the
Obstructions in Paukatuck river prohibited.
Passages to be kept open through unilldams.
Plaintiff withdrawing suit, liable for costs.
Forms of writs established.
Summons before a justice of the peace.
Attachment before a justice of the peace.
his possession, or is indebted to him; then, if the plaintiff
shall bring a scire-facias against him, on a judgment re-
covered against the defendant in the suit, such garnishee
shall be liable to pay all the costs that shall have accru-
ed, though it shall appear that he had not any of the goods
or effects of the absent and absconding debtor in his pos-
session, 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
the writ, and submits to an examination, and it is found
that he has the goods or effects of the absent and abscond-
ing debtor in his possession, or is indebted to him; then,
if the plaintiff withdraws his suit, or fails to recover judg-
ment against the defendant, such garnishee shall be enti-
tled to recover his lawful costs; and the court shall issue
execution for the same accordingly.
An Act prescribing Forms of Writs and Proces-
E it enacted by the Senate and House of Representatives, in General Assembly convened, 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. sect. 2. Summons for appearance before a justice of the peace. 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 day of Anno Domini, J. H. sect. 3. Attachment before a justice of the peace. To the sheriff, &c. BY authority of the state of Connecticut, you are hereby commanded to attach the goods or estate of A. B. of F. aforesaid, to the value of dollars, and for want