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Equal rights denomination of Christians in this state, shall have and of Christians. 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 other any

Secession.

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.

Charter of

OF EDUCATION.

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

confirmed.

School fund.

Amount to be ascertained;

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 published and 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.

recorded.

Never to be diverted.

ARTICLE 9.

Power of impeachment.

Trial of impeachments.

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 shall 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 Liability to judicial officers, shall be liable to impeachment; but impeachment. judgments in such cases shall not extend further than to Limitation of removal from office, and disqualification to hold any judgment. 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.

fined.

SECT. 4. Treason against the state shall consist only Treason dein 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 Evidence. the same overt act, or on confession in open court. No Consequences conviction of treason, or attainder, shall work corrup- of conviction. tion of blood, or forfeiture.

ARTICLE 10.

GENERAL PROVISIONS.

SECT. 1. Members of the general assembly, and all of- Official oath. 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) Form. that you will support the constitution of the United States, and the constitution of the state of Connecticut. 30 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, Select-mea, and such officers of local police, as the laws may pre- &c.

scribe.

SECT. 3. The rights and duties of all corporations Effect of conshall remain as if this constitution had not been adopt- stitution upon ed, with the exception of such regulations and restric- corporations; tions as are contained in this constitution. All judicial judicial and civil officers; and civil officers now in office, who have been appointed by the general assembly, and commissioned according to law, and all such officers 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 treasurer and continue in office until a treasurer and secretary shall be secretary; be appointed under this constitution. All military of military offificers 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 laws.

cers.

Bonds, debts, contracts, &c.

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 individuais as of bodies 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, lieutenantsembly in Oc- governor, 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.

General as

tober, 1818.

Public officers excluded from general assembly.

Amendments, how to be proposed;

continued and

published;

each house;

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 United 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 proposed amendments 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 assemapproved, by bly, 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 it shall be to present the same to the inhabitants thereof, for their consideration, at a town meeting, legally warned and held for that purpose; and if it shall appear a manner to be provided by law, that a majority of the and adopted. 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.

presented to the inhabitants;

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,

STATUTES

OF

CONNECTICUT.

TITLE 1. Account.

An Act authorising the appointment of Auditors in actions of Account.

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E it enacted by the Senate and House of
Representatives in General Assembly con-

pointed.

vened, That whenever a judgment shall be rendered When auditors against the defendant, in an action of account, that he shall be apdo account, the court shall appoint not more than three able, disinterested, and judicious men, to take the account; who shall be sworn according to law, and shall have power to appoint the time and place for the hearing, and shall give reasonable notice thereof to the parties: 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.

an

SECT. 2. If the parties appear, and produce their How they shall books, the auditors shall have power to administer proceed. oath to them, and examine them respecting their accounts, 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 auditors may commit him to gaol, there to continue till he will consent to be sworn, and answer all proper interrogatories 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 succeeding 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

No appeal.

Justices of the peace shall take the account.

When account will lie against executors, and ten

ants in common.

When the remedy shall be by bill in equity.

Process. Writ.

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 justices 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 account against his co-executor for the recovery thereof; and the like action shall be allowed to residuary legatees against executors. When two persons hold any estate as joint tenants, tenants in common, or coparceners, if one of them shall receive, use or take benefit of such estate, in greater proportion than the amount of 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.

Bit

E it enacted by the Senate and House of Representatives 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 reAttachment. turnable.(1) Attachments may be granted against the

Declaration.
Signing.

(1) In the earliest statutes, a regulation was made, that the ordinary process should be a warrant, fairly written, under the hand of some magistrate, mentioning

This

the time and place of appearance, together with the substance of the action. undoubtedly, the origin of the practice, peculiar to this state, of issuing the

was,

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