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Foual rights of Christians.

Secession.

Charter of Yale-College, confirmed.

School fund.

A mount to be ascertained ;

published and recorded.

Never to be diverted.

Power of inpeachment.

Trial of imneachments.

denomination of Christians in this state, shall have and enjoy the same and equal powers, rights and privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public worship, by a tax on the members of any such society only, to be laid by a major vote of the legal voters assembled at any society meeting, warned and held according to law, or in any other manner.

sect. 2. If any person shall choose to separate himself from the society or denomination of Christians to which he may belong, and shall leave a written notice thereof with the clerk of such society, he shall thereupon be no longer liable for any future expenses which may be incurred by said society.

ARTICLE 8.

OF EDUCATION.

sect. 1. The charterof Yale-College, as modified by agreement with the corporation thereof, in pursuance of an act of the general assembly, passed in May, 1792, is hereby confirmed.

sect. 2. The fund, called the School Fund, shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public, or common schools, throughout the state, and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained, in such manner as the general assembly may prescribe, published, and recorded in the comptroller's office ; and no law shall ever be made, authorising said fund to be diverted to any other use than the encouragement and support of public, or common schools, among the several school societies, as justice and equity shall require.

ARTICLE 9.
OF IMPEACHMENTS.

sect. 1. The house of representatives shall have the sole power of impeaching.

sect. 2. All impeachments shall be tried by the senate. When sitting for that purpose, they shall be on oath or affirmation. No person i. be convicted, without the concurrence of two thirds of the members present. When the governor is impeached, the chief justice shall preside.

sect. 3. The governor, and all other executive and judicial officers, shall be liable to impeachment; but judgments in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this state. The party convicted, shall, nevertheless, be liable and subject to indictment, trial, and punishment according to law.

sect. 4. Treason against the state shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of treason, or attainder, shall work corruption of blood, or forfeiture.

ARTICLE 10.
GENERAL PROVISIONS.

sect. 1. Members of the general assembly, and all of ficers, executive and judicial, shall, before they enter on the duties of their respective offices, take the following oath or affirmation, to wit: You do solemnly swear (or affirm, as the case may be) that you will support the constitution of the United States, and the constitution of the state of Connecticut. so long as you continue a citizen thereof; and that you will faithfully discharge, according to law, the duties of the office of to the best of your abilities. So help you God. sect. 2. Each town shall, annually, elect select men, and such officers of local police, as the laws may prescribe. sect. 3. The rights and duties of all corporations shall remain as if this constitution had not been adopted, with the exception of such regulations and restrictions as are contained in this constitution. All judicial and civil officers now in office, who have been appointed by the general assembly, and commissioned according to law, and all such o as shall be appointed by the said assembly, and commissioned as aforesaid, before the first Wednesday of May next, shall continue to hold their offices until the first day of June next, unless they shall, before that time, resign, or be removed from office according to law. The treasurer and secretary shall continue in office until a treasurer and secretary shall be be appointed under this constitution. All military osficers shall continue to hold and exercise their respective offices, until they shall resign, or be removed according to law. All laws not contrary to, or inconsistent

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Fffect of constitution upon corporatious; judicial and

civil officers;

treasurer and secretary;

military officers.

Bonds, debts, contracts, &c.

General as-" sembly in October, 1818.

Public officers excluded from general assembly.

Amendments, how to be proposed;

continued and published;

approved, by each house ;

presented to the inhabitants ;

and adopted.

with, the provisions of this constitution, shall remain in
force, until they shall expire, by their own limitation, or
shall be altered or repealed, by the general assembly,
in pursuance of this constitution. The validity of all
bonds, debts, contracts, as well of individuals as of bod-
ies corporate, or the state, of all suits, actions, or rights
of action, both in law and equity, shall continue as if no
change had taken place. The governor, lieutenant-
overnor, and general assembly, which is to be formed
in October next, shall have, and possess, all the powers
and authorities, not repugnant to, or inconsistent with
this constitution, which they now have and possess, until
the first Wednesday of May next.
sect. 4. No judge of the superior court, or of the
supreme court of errors; no member of congress; no
person holding any office under the authority of the Uni-
ted States; no person holding the office of treasurer,
secretary, or comptroller; no sheriff, or sheriff's deputy,
shall be a member of the general assembly.

ARTICLE 11.
OF AMENDMENTS OF THE CONSTITUTION.

Whenever a majority of the house of representatives shall deem it necessary to alter, or amend this constitution, they may propose such alterations and amendments; which proposedamendments shall be continued to the next general assembly, and be published with the laws which may have been passed at the same session; and if two thirds of each house, at the next session of said assembly, shall approve the amendments proposed, by yeas and nays, said amendments shall, by the secretary, be transmitted to the town clerk in each town in the state; whose duty itshall be to present the same to the inhabitants there-' of, for their consideration, at a town meeting, legally warned and held for that purpose ; and if it shall appear in a manner to be provided by law, that a majority of the electors present at such meetings, shall have approved such amendments, the same shall be valid, to all intents and purposes, as a part of this constitution. Done in Convention, on the fifteenth day of September, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-third.

By order of the Convention,
OLIVER WOLCOTT, President.

JAMEs LANMAN,
Clerks.
Robert FAIRchild,

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$ECT. 1 Bo it enacted by the Senate and House of
3 D Representatives in General Assembly con-
vened, That whenever a judgment shall be rendered
against the defendant, in an action of account, that he
do account, the court shall appoint not more than three
able, disinterested, and judicious men, to take the ac-
count; who shall be sworn according to law, and shall
have power to appoint the time and place for the hear-
ing, and shall give reasonable notice thereof to the par-
ties: And if the defendant shall refuse to attend, at the
time and place appointed, and produce his books, and
render his account, the auditors shall receive from the
plaintiff his statement of the account, and award to him
the whole sum he claims to be due.
sect. 2. If the parties appear, and produce their
books, the auditors shall have power to administer an
oath to them, and examine them respecting their ac-
counts, and to enquire of any other lawful witnesses:
and if either party shall refuse to be sworn, or to answer
any proper questions respecting his account, the audit-
ors may commit him to gaol, there to continue till he
will consent to be sworn, and answer all proper inter-
rogatories: and the auditors shall liquidate and adjust
the accounts, and award that the party in whose favor
they find the balance to be due, shall recover the same,
and shall make report to the same or the next succeed-
ing session of the court. The party in whose favor the
report is made, shall pay to the auditors their fees and
expenses, which shall be allowed in the bill of cost: and
on the return and acceptance of the report, the court
shall render judgment, that the party in whose favor it

When auditors shall be appointed.

How they shall proceed.

No appeal.

Justices of the peace shall take the account.

When account will lie against executors, and tenants in comInon.

is made, shall recover the sum found to be due, with his
lawful cost. And no appeal shall be allowed on any
judgment given on a report of auditors.
sect. 3. In actions of account, brought before justi-
ces of the peace, when judgment is rendered that the
defendant shall account, they shall take and adjust the
account, without the appointment of auditors, and render
judgment accordingly.
sect. 4. An executor, who is also residuary legatee,
when all, or any part of his legacy is withholden from
him, by his co-executor, may bring his action of ac-
count against his co-executor for the recovery thereof;
and the like action shall be allowed to residuary lega-
tees against executors. When two persons hold any
estate as joint tenants, tenants in common, or coparce-
ners, if one of them shall receive, use or take benefit of

such estate, in greater proportion than the amount of

When the remedy shall be by bill in equity.

Process.
Writ.

Declaration.
Signing.

Attachment.

his interest in the principal estate, he, and his executors or administrators, shall be liable to render an account to his co-tenant; and such co-tenant, his executors or administrators, may bring an action of account against such receiver, and recover such sum as he has received more than his proportion as aforesaid.

sect. 5. When there shall be such claim, by one coexecutor, or residuary legatee, against two or more coexecutors; or when there is a claim by one joint-tenant, tenant in common, or coparcener, against two or more co-tenants, the remedy shall be by bill, or petition in equity.

TITLE 2. Actions Civil
An Act for the regulation of Civil Actions.
SECT. 1. Bo it enacted by the Senate and House of Rep-

resentatives in General Assembly convened, That the process in civil actions shall be by summons, or attachment, in writing; that the writ shall describe the parties and the court, and mention the time and place of appearance; shall be accompanied with a declaration, containing the cause of action, and shall be signed by the governor, lieutenant-governor, a senator, judge, justice of the peace, or clerk of the court to which it is returnable.(1) Attachments may be granted against the

(1) In the earliest statutes, a regulation the time and place of appearance, togethwas made, that the ordinary process er with the substance of the action. This should be a warrant, fairly written, under was, undoubtedly, the origin of the practhe hand of some magistrate, mentioning tice, peculiar to this state, of issuing the

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