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Overseers to settle their accounts, annually.

To make rules for governing prisoners;

w for govern

ing the guard.

Proviso, limiting punishment.

Rules relative to spectators.

same, out of the earnings of said prisoners, if the same be sufficient, and if not, the surplus shall be paid out of the treasury of the state. And said overseers for the time being, are empowered and directed to dispose of the prisoners committed to said prison, when not employed in labor, in the caverns, in the apartment called the stone prison, and in the house called the upper prison, either by classes, or in solitary cells, as, in their opinion, will most conduce to the order and safety of said prison, to limit the influence of bad examples and counsels among the prisoners, and to promote their return to the practice and habits of virtue: and it shall be the duty of said overseers to confine such sick prisoners, as from time to time, may need special attention, in the building called the hospital.

sect. 6. The overseers shall keep true accounts of their conduct in that capacity, and shall, annually, in the month of May, settle and adjust said accounts with the comptroller of this state, or with such other person or persons as the general assembly may, from time to time, appoint for that purpose, and oftener, if they shall be thereto required. And said overseers shall and may make all necessary rules and orders for governing such persons as may be committed to said prison ; and such rules and orders shall be of force, and shall be duly exeecuted.

sect. 7. The overseers shall be, and they hereby are authorized and directed to make such rules and regulations for the government and punishment of the guard, as they shall judge proper; provided, that no punishment shall be inflicted on any of them, by force of such regula. tions, except amercement, and to an amount not exceeding three months' wages, and their cloathing supplied by the state : and also, to make such rules and regulations, relative to spectators, and others, who may be admitted within the piquets, or who shall be found lurking without the piquets, as the case may require ; and to enforce such regulations, by rendering the offenders liable to be apprehended, to be put under guard, to be turned out of the prison-yard, and secluded from the environs of the prison, or in case of obstinacy, or apparent design of assisting the prisoners to escape, either by force or fraud, to be confined in any suitable apartment of the prison, except the caverns, until they can be otherwise disposed of according to law ; provided, that no person, so confined, shall be held in confinement, by virtue of such regulations, for any alleged breach thereof, for a longer period than twenty-four hours.

sect. 8. If any prisoner, at, or after the time of confinement for which he was sentenced, shall be retained in prison, solely on account of the costs of prosecution, and such prisoner, in the opinion of said overseers, shall be unable to satisfy said costs, and it shall appear to said overseers, that he has conducted well during the period of his confinement, or if he shall be unable to labor, the master or keeper of said prison, by the consent and advice of the overseers, shall be, and hereby is authorized to accept the note of such prisoner, for the amount of said costs, payable to the treasurer of this state, for the time being, and thereupon to discharge said prisoner from confinement. But if such prisoner, in the opinion of said overseers, has not conducted well, during the period of his confinement, and shall be able to labor, said overseers may direct the master or keeper of the prison to hold him in service, within said prison, and for such term as may be limited by said overseers, to pay said costs; who are directed to allow such prisoner customary journeyman's wages for like services, and the master or keeper of the prison shall have power to confine such prisoner at his labor, so far as the safe-keeping of the prisoners, in general, may demand. sect. 9. If any prisoner shall make his escape, and shall be retaken, and recommitted, the necessary expenses of pursuit and recommitment, to be allowed by the overseers, shall be added to the original costs of prosecution, and be subject to the provisions of law relating to said original costs; and in every case of recommitment, the time elapsed between the escape and recommitment, shall not be computed as part of the term of imprisonment for which such prisoner is sentenced. sect. 10. New-gate prison may be used, under the authority of the United States, for the purpose of confining and safe-keeping any prisoner or prisoners, who may have been, or hereafter may be, sentenced to imprisonment and labor, in any court of the United States, within the district of Connecticut, for the violation of any act or acts of the congress of the United States: Provided always, that the expense of supporting and confining such prisoner or prisoners in said new-gate prison, shall, in all cases, be paid by the United States. sect. 11. The master or keeper of new-gate prison, and the officers and privates of the guard under his command, shall not be liable to arrest and imprisonment on mesne process, or execution, in any civil suit, for and during the period of their respective service at said prison. Provided nevertheless, that whenever a demand shall be made against any such master, officer or private, to the

In what cases, prisoners retained for costs may be discharged,

or held in service.

Expenses of recaption, after escape, to be added to original costs.

New-gate prison may be used for United

States prison


Keeper and guard protected from arrest on civil process.

Proviso, as to discharging them.

Proviso, as to statute of limitations.

amount of fifty dollars, it shall be the duty of the overseers of said prison, is, on enquiry, they shall be satisfied that such demand is bona fide, and not arising from fraud or collusion, to discharge such officer or private, as soon as the safety of the prison will admit. Provided also, that no statute of limitation shall run in favor of such master, officer or private, during the period of his service at said prison.

TITLE 70. JNotes and Bills.

An Act concerning Promissory Notes and Bills of

E it enacted by the Senate and House of Representatives, an General Assembly convened, That all promissory notes, duly executed. to the amount of thirty-five dollars, or more, for the payment of money only, and made payable to any person or persons, or his, her or their order, or to the bearer, shall be assignable and negotiable, according to the custom of merchants, and the law relating to inland bills of exchange: Provided, that nothing in this act contained shall be construed to vary the jurisdiction of the court, in relation to the maker of such promissory note ; and provided also, that this act shall not be construed to authorize any person or persons, to issue bills of credit, to be used as a general currency, or medium of trade, in lieu of money. sect. 2. Whenever any bill of exchange, hereafter to be drawn or negotiated within this state, upon any person or persons, of, or in any state, territory, or district of the United States, shall be returned unpaid, and shall have been duly protested for non-payment, in the manner usual in cases of foreign bills of exchange, the person or persons to whom the same shall or may be payable, shall be entitled to recover and receive of and from the drawer or drawers, or the endorser or endorsers, of such bill of exchange, the damages hereafter specified, over and above the principal sum for which such bill of exchange shall have been drawn, together with lawful interest on the aggregate amount of such principal sum and damages, from the time at which notice of such protest shall have been given, and the payment of the said principal sum and damages shall have been demanded; that is to say, if such bill shall have been drawn upon any person or persons of, or in the city of New-York, in the state of New-York, two per cent upon the principal sum specified in such bill; if upon any person or persons of, or in the states of

What notes shall be negotiable.

Proviso, as to jurisdiction of the court;

as to bills of credit.

In what cases, damages shall he payable.

Rates of damnages,

sect. 1.

New-Hampshire, Vermont, Maine, Massachusetts, RhodeIsland, New-York, (excepting the city of New-York,) New-Jersey, Pennsylvania, Delaware, Maryland or Virginia, or of or in the district of Columbia, three per cent upon such principal sum ; if upon any person or persons of or in the states of North-Carolina, South-Carolina, Ohio, or Georgia, five per cent upon such principal sum; or if upon any person or persons of or in any other state, territory, or district of the United States, eight per cent upon such principal sum ; such damages, so to be recovered and received, to be in lieu of interest, and all other charges, to the time at which the notice of such protest and demand of payment as aforesaid shall have been made and given as aforesaid; and the amount of such bill, and the damages payable thereon, as above specified, shall be ascertained and determined without any refer. ence to the rate of exchange existing at the time of such notice and demand of payment as aforesaid.

TITLE 71. JNuisances.

An Act to prevent and remove Nuisances in
Highways, Rivers, and Water-courses.

--- B E it enacted by the Senate and House of RepSECT. 1. -

resentatives, in General Assembly convened, That if any person or persons shall lay, or cause to be laid, in any highway, stones, trees, timber, wood, rubbish, or any other thing, or shall dig up the ground, or shall set up any gates, bars, rails or fence across such highway, or erect any buildings therein, by which the passage of travellers shall be obstructed, prevented, or endangered, or such highway annoyed, or in any way incumbered, the same shall be deemed a common nuisance, and it shall be lawful for any person or persons to remove them as such; and every person so offending, shall forfeit the sum of four dollars, one half to him who shall prosecute to effect, and the other half to the treasury of the town where the offence is committed : and the court before whom a conviction is had, shall order the defendant to remove such nuisance within thirty days, and on failure thereof, the same shall be removed, by any constable of the town, at the expo e of the defendant; and such court may ascertain and tax such expense. and issue an execution for the same : provided, that this act shall not be coustrued to extend to turnpike rates, buildings and fences, authorized to be erected by the general assembly.

Damages, what in lieu of.

How ascertained.

What shall constitute a nuisance.


Removal of nuisances.


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obstructing or diverting water-courses, declared anuisance.


Proviso, as to dams.

sect. 2. If any person has, within the space of fifteen years prior to the first day of June, one thousand eight hundred and nine, or since that time, taken, or shall take, any part of a highway into his field or inclosure, or erect any fence thereon, in such manner that said highway is made narrower than before, the select-men of the town wherein the offence is committed, or a committee appointed by the town for that purpose, (and every town is hereby authorized to make such appointment.) are directed and empowered to give notice or warning to the person or persons so offending, to remove such fence or encroachment, within a reasonable time, not exceeding one month after such notice; and if they neglect to remove such fence or encroachment, then the select-men, or committee, shall remove the same, and shall have right, in a proper action, to recover the expense thereof, from the person or persons making such encroachment.

sect. 3. If the person who erected the encroachment so removed, shall take in, by a fence, the same, or a greater or less part of the highway, where his fence has been removed as aforesaid, he shall incur the penalty of seven dollars, for every such offence, as often as repeated, one half to the select-men, or committee, who gave the warning and removed the fence, and who shall prosecute to effect, and the other half to the treasury of the county where the offence is committed; and where the prosecution is against the owner of the inclosure into which the highway is taken, he shall be deemed guilty thereof, on proof that part of the highway has been so inclosed, unless he can satisfy the court, that it was not done by him, or by his procurement or consent. And when such fence has once been removed, it shall be lawful for the select-men, or committee, to remove it, as often as it shall be erected again, without further notice or warning.

sect. 4. If any person or persons shall dam, stop or obstruct any river, brook, stream, or run of water, or divert the same from its natural course, to the prejudice of any person, (without liberty from the town, where such town has a right to grant it,) such obstruction shall be deemed a common nuisance, and may be removed as such ; and the person or persons so offending, shall forfeit and pay one dollar per week, for every week such nuisance shall continue, one half to him who shall prosecute to effect, and the other half to the town-treasury where the offence is committed. Provided, that this act shall not be construed to extend to any dam for a mill or other use, whereby no special damage accrues to any person: and if any person or persons shall remove, break, or in

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