Abbildungen der Seite
PDF

May post such persons as do not reform.

Penalty of ten dollars on persons who procureliquor,&c. unless, &c.

Justice of peace to hear and determine, without appeal.

Action not maintainable for liquor sold to posted persons.

Number of jurymen designated for each town; in

Hartford county.

New-Haven county.

formed, the said authority and select-men shall, at their discretion, cause the name of such person to be posted on the several sign-posts in such town, by a certificate under their hands, thereby forbidding all persons to sell any spiritous liquors to such intemperate person; and if, af. ter such notification, any person or persons within such town, (or any person or persons within any other town in this state, who shall have received information of the same) shall sell to, or procure for, any person posted as aforesaid, any spiritous liquors, or be aiding or assisting therein, the person or persons selling or procuring as aforesaid, or aiding or assisting as aforesaid, shall, for every such offence, forfeit and pay the sum often dollars, to the treasury of the town to which such posted person shall belong, unless the person or persons selling or procuring, or aiding or assisting as aforesaid, shall have permission therefor, in writing, subscribed by one of said authority or select-men, therein specifying the quantity permitted to be sold; and any one justice of the peace may hear and determine all breaches of this act; and no appeal shall be allowed in any such case.

sect. 2. No suit shall be had or maintained against any person posted as aforesaid, for any spiritous liquors, sold contrary to this act; and all contracts and securities therefor, entered into by such posted person, with any person or persons within this state, notified as aforesaid, shall be utterly void.

TITLE 55. Jurymen.

An Act prescribing the number of Jurymen for each town in this State.

SECT. 1. B% it enacted by the Senate and House of Rep.
resentatives, in General Assembly convened,
That the several towns in this state, shall be entitled to
select, in the manner prescribed in the “Act for the
regulation of civil actions,” and for the purposes there-
in mentioned, the number of jurymen to each town
here annexed, to wit: Hartford, fifteen ; Berlin, twelve;
Bristol, six ; Burlington, six; Canton, six; East-Hartford,
fourteen; East-Windsor, fourteen; Enfield, eleven; Farm-
ington, fourteen; Glastenbury, fourteen; Granby, twelve;
Hartland, eight; Marlborough, five ; Simsbury, ten ;
Southington, ten; Suffield, twelve; Wethersfield, twenty;
Windsor, fourteen.
sect. 2. New-Haven, twenty ; Branford, twenty ;
Cheshire, twenty ; Derby, twelve; East-Haven, eight;

igh Guilford, twenty; Hamden, eight; Meriden, eight; id:

dlebury, eight; Milford, twenty ; North-Haven, eight ;
Oxford, eight; Southbury, twelve; Wallingford, twen-
ty; Waterbury, twelve; Wolcott, eight; Woodbridge,
twelve.
sect. 3. New-London, fifteen; Norwich, fifteen ; Boz-
rah, six ; Colchester, fifteen; Franklin, eight; Griswold,
eight; Groton, sixteen; Lisbon, eight; Lyme, twenty;
Montville, eight; North-Stonington, ten; Preston, ten;
Stonington, twelve ; Salem, five; Waterford, six.
sect. 4. Fairfield, thirteen; Danbury, twelve; Bridge-
port, nine ; Brookfield, six ; Darien, five ; Greenwich,
ten ; Huntington, nine : New-Canaan, eight; New-Fair-
field, eight; Newtown, twelve; Norwalk, twelve ; Red-
ding, ten ; Ridgefield, ten; Sherman, five ; Stamford,
ten ; Stratford, nine; Trumbull, five; Weston, eight;
Wilton, six.
sect. 5. Brooklyn, eight; Ashford, twelve ; Canter-
bury, twelve; Columbia, five ; Hampton, eight; Killing-
ly, eight; Lebanon, twelve : Mansfield, twelve; Plain-
field, twelve; Pomfret, ten ; Sterling, seven; Thompson,
seven; Voluntown, seven ; Windham, twelve ; Wood-
stock, eight.
sect. 6. Litchfield, fourteen ; Barkhampsted, seven ;
Bethlehem, seven; Canaan, ten; Colebrook, seven; Corn-
wall, ten ; Goshen, ten ; Harwinton, eight; Kent, six ;
New-Hartford, eight : New-Milford, twelve ; Norfolk,
eight; Plymouth, seven ; Roxbury, seven ; Salisbury,
ten; Sharon, ten ; Torrington, eight; Warren, seven ;
Washington, eight ; Watertown, seven ; Winchester,
seven ; W. ten.
sect. 7. Middletown, twenty-eight; Haddam, seven-
teen; Chatham, seventeen; Durham, twelve; East-Had-
dam, twenty; Killingworth, seventeen; Saybrook, twenty.
sect. 8. Tolland, fourteen ; Bolton, eight; Coventry,
twelve ; Ellington, ten ; ; Hebron, twelve ; Somers,
twelve; Stafford, twelve; Union, eight; Vernon, eight;
Willington, twelve.

TITLE 56. Lands.
CHAP. I.

An Act concerning Lands.

Whereas, by the establishment of the independence of

the United States, the citizens of this state became vested with an allodial title to their lands:

New-London county.

Fairfield
county,

Windham county.

Litchfield county.

Middlesex county.

Tolland
county.

SECT. 1. B” it therefore declared, by the Senate and Allodial pror

House of Representatives, in General As

erty in lands.

sembly convened. That every proprietor, in fee-simple, of lands, has an absolute and direct dominion and property sect. 2. Be it enacted, That the patents of grants of land to the several towns, and to individuals, from the general assembly of the colony of Connecticut, pursuant to the charter of Charles II. shall be sufficient evidence for such towns and individuals to hold the same, to them, their heirs, successors and assigns, forever. sect. 3. All lands, tenements, or other estates, that have been, or shall be, given or granted, by the general assembly, or any town, or particular person, for the maintenance of the ministry of the gospel, or schools of learning, or for the relief of the poor, or for any other public and charitable use, shall forever remain and be continued to the uses to which they have been or shall be given or granted, according to the true intent and meaning of the grantor, and to no other use whatever. sect. 4. No estate in fee-simple, fee-tail, or any less estate, shall be given, by deed or will, to any person or persons, but such as are in being, or to the immediate issue or descendants of such as are in being, at the time of making such deed or will; and every estate, given in feetail, shall be and remain an absolute estate, in fee-simple, to the issue of the first donee in tail.(2) sect. 5. And all grants or devises of an estate in lands, to any person for life, and then to his heirs, shall be only an estate for life in the grantee or devisee.(3) All collateral warranties of lands, made by any ancestor, who had no estate of inheritance in the same, making such warranty, shall be void, as against his heirs.(4) No alien, or person who is not a citizen or inhabitant of this, or any of the United States, shall be capable of purchasing or holding any lands within the state, without special licence from the general assembly. sect. 6. All grants, bargains, and mortgages of lands, shall be in writing, subscribed by the grantor, with his

in the same.(1)

(1) On the discovery of America, a principle was adopted among the nations of Europe, that the territory belonged to the sovereign of the nation to whom the discoverer belonged. As North-America was discovered by a subject of the king of England, that crown claimed a right to the country. James II. made a grant to the Plymouth Company, of that part which comprehended New-England. Connecticut was settled under a right derived from that company, and the title was comfirmed, by the charter of Charles II. in 1662. The government made grants to towns, and individuals; and charters were given to the respective towns, under which the lands have been holden. Our ancestors, however, never claimed an absolute right, in virtue of the royal grant, but merely a right of pre-emption, and never considered the title to be complete, till they had acquired the native right of the aborigines. This they effected by purchase, to nearly the whole of Connecticut; and they never claimed a right by conquest, except to a small portion taken from the Pequot nation. The tenure, by the charter, was declared to be free and common socage; and the only condition was, the payment of one fifth part of the ore of gold and silver, that should be obtained. In 1672, an act was passed, declaring that the lands, granted by the general assembly, to towns or particular persons, should be holden according to the most free tenure of East-Greenwich, in the county of Kent, in the realm of England, according to the charter. This tenure continued during our connexion with the British empire; but on our becoming independent of that government, the tenure ceased to be feudal, and the title became strictly allodial, as it in effect ever had been ; and it was accordingly so declared, by statute, in 1793. In connexion with this subject, it may be proper to subjoin the following remarks, prepared for the title Estates, and omitted in that place, by accident. The first settlers of this country did not adopt the rules of the common law with respect to the descent of real estate, the most distinguished characteristic of which was primogeniture. In the revision of 1672, there is a statute, ordering, that where an person dieth intestate, the select-men shall cause an inventory to be taken, and exhibited into the next county court in that county ; which court shall grant the ad

ministration of the goods and chattels to the next of kin, jointly or severally ; and divide the estate to the wife, if any be, and children or kindred, according to law; and for want of law, according to the rules of righteousness and equity. In the revision of 1702, there was a statute, which enacted, that where a person died intestate, one third of his personal estate should go to his wife forever, and one third of his lands for life; and the residue be divided among his children, and their legal representatives, in equal shares, excepting that the eldest son should be entitled to a double portion; and where there were no children, one half of the personal estate should go to the wife forever, and one third of the lands for life ; and the residue to be equally divided among the next of kin, in equal degree, and their legal representatives; but no representatives to be admitted among collaterals after brothers' and sisters' children. This provision was copied from the 22 and 23 Charles II. called the statute of distributions, excepting that part which gave to the eldest son a double portion, which was copied from the law of Moses. In 1727, a distinction was made between ancestral and purchased estate; and a provision was made, that the whole blood should be preferred to the half blood, in equal degree ; but that the half blood in a nearer degree, should be preferred. This act was omitted in the revision of 1750, and no distinction was then made between ancestral and purchased estate, and noth- . ing was said respecting whole or half blood. But in the revision of 1784, a distinction is made between estates by purchase, and estates derived by descent, gift, or devise from some kindred ; the object of which was, to give ancestralestate to the next of kin, of the blood of the ancestor from whom the estate came ; and estates by purchase, were to go to the next of kin of the intestate, preferring the half blood to relations of a remoter degree, and parents, on failure of brothers and sisters, or their representatives, of the whole blood, to remoter relations. In 1792, the law giving the eldest son a double portion was repealed; and in 1806, an act was passed, directing more particularly, and in a manner somewhat different, the mode of descent of ancestral estate : and the rules of descent became as they now are, except that the clause declaring there should be no representatives

Patents of
lands from
general assem-
bly of the col-
ony of Con-
necticut,
valid.

Lands given
for public uses,
to remain to
such uses.

Limitation of estates to pre

vent perpetuities.

The rule in Shelley's case, abrogated. Collateral warranties

at the time of of land, in

what case
void.
Incapacity of
aliens to hold
lands.

among collaterals after brothers' and sis-
ters' children, is changed to a provision,
that there shall be no representatives after
the representatives of brothers and sisters;
by which the grand-children of brothers
and sisters are placed on the same footing
as children, and will inherit, in preference
to the uncles of the intestate. Our law has
made three material alterations in the com-
mon law of descent. It has abolished the
right of primogeniture; it permits pur-
chased estates to ascend to parents ; and
gives to the half blood a preference to re-
lations in a remoter degree.
(2) This was introduced at the revision
of 1784, and is conformable to principles
which had been previously established by
the courts. -

(3) By the celebrated rule in Shelley's
case, a grant or devise of lands to a man for
life, and then to his heirs, or the heirs of his
body, created an estate in fee-simple, or
fee-tail. As this rule, in almost every in-
stance, defeats the intent of the grantor or
devisor, this provision has been made to ab-
rogate it.
(4) By the common law, a collateral
warranty of lands, without assets, was
-binding on the heir : as, if tenant by the
curtesy should alien the land, with war-
ranty, and die leaving no estate, the chil-
dren of the wife, to whom the land belong-
ed, would be defeated of the estate of their
mother. A rule so unjust has been abro-
gated by statute, in England; and is now
abrogated, in this state.

Requisites to validity of a deed.

Deeds to be acknowledged, before whom.

Acknowledgment of deeds executed by attorney.

Caution, when and how to be entered.

Deeds to be recorded.

own hand or mark, unto which mark his name shall be
annexed, and also attested by two witnesses, with their own
hands or marks, unto which marks their names shall be
annexed: or the name of the grantor shall be subscribed
to such grant,by his lawful attorney, authorized by a written
power, for that special purpose, duly executed and ac-
knowledged, in such manner as is herein prescribed in
case of deeds; and such subscribing of the name of the
grantor, shall be attested by two witnesses.
sect. 7. All grants, and deeds of bargain and sale, and
mortgages, of houses and lands, shall be acknowledged,
by the grantor or grantors, to be his or their free act and
deed, before a justice of the peace, or before a judge
of the supreme or district court of the United States, or of
the supreme or superior court, or of the court of common
pleas, or county court, of any individual state ; or before
a commissioner, or other officer, having power to take ac-
knowledgments of deeds: and all grants or deeds of real
estate, which have been, or shall be, acknowledged before
such judges, shall be good and valid in law; and when
deeds are executed by an attorney, duly authorized, his
acknowledgment shall be sufficient.
sect. 8. And if any grantor, being required by the
grantee, his heirs or assigns, to make acknowledgment of
any grant, or deed of bargain and sale, or mortgage, by
him executed, shall refuse to acknowledge the same, then
such grantee, his heirs and assigns, may enter caution
upon such houses or lands as are to him granted, sold,
bargained or mortgaged, with the town-clerk or register,
where such houses and lands are situated, by leaving with
him a copy of the deed or deeds of the same, with a
claim of title in virtue thereof, which caution shall se-
cure the interest of the grantee till a legal trial has been
had ; and the judgment of the court being delivered to
the register, under the hand of the clerk of the county,
where the same was tried, shall be his warrant to record
such deed, though the grantor shall refuse to acknowledge
the same, and such deed shall have the same effect as if
acknowledged. And no grant or deed of land shall be
valid, unless written, subscribed, witnessed and acknowl-
edged as aforesaid. -
sect. 9. All grants, and deeds of bargain and sale,
and mortgages, of houses and lands, shall be recorded at
length, by the register or town-clerk, where such lands
and houses lie; and no deed shall be accounted good and
effectual to hold such houses and lands, against any other
F. or persons but the grantor or grantors, and their
eirs only, unless recorded as aforesaid. And the regis-
ter or town-clerk, shall, on the receipt of any grant or

« ZurückWeiter »