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withdraw, or become non-suit, after issue joined, and be-
fore trial, the court may, in like manner, render judgment
for the defendant to recover the damages he has sustained.
sect. 5. When any goods or effects are attached, the
defendant in the suit shall have power to replevy the
same, on giving a bond, with sufficient surety, to the val-
ue of the goods and chattels attached, conditioned to pay
the debt or damages and costs, which the adverse party
in the suit on which such goods and chattels are attached,
shall recover against him; which writ shall be returned to
the same court, to which the writ on which the estate was
attached, is returnable, and lodged with the clerk of such
court, that the bond may be a security to the plaintiff for
the judgment he may recover against the defendant; and
if the officer serving such writ of replevin, shall fail to
return such writ to such court, without the written con-
sent of the party who has attached such property, he
shall be liable to pay such party double damages, in an
action brought against him for such neglect.
sect. 6. Whenever the rights or shares of any person
or persons, in any bank, insurance company, turnpike
company, or other corporation, shall be attached, it shall
be lawful for him or them to cause the same to be replev-
ied, in the same manner as in case of other property
attached : and the officer serving the writ issued in such
case, shall leave a true and attested copy with the cash-
ier, clerk or secretary of the bank, insurance company,
turnpike company, or other corporation, the shares or
rights in which have been attached, and such writ shall
be returnable to the same court as the writ by which
such rights or shares were attached, and shall be so re-
turned by the officer serving the same, and for his neglect
he shall be liable as in other cases; and on a copy being
so left, the shares or rights attached shall be released
from the attachment, and the bond in the writ of replevin
shall be a security to the plaintiff in the suit by attach-
ment, to recover his debt or damages.
sect. 7. The person or persons who shall give bond
upon any writ of replevin, shall not be liable to pay any
greater sum, in any suit which may be brought on any

bond, than the value of the property replevied by virtue

of said writ.
sect. 8. When any goods or chattels shall be attach-
ed, and any person, other than the defendant in the suit,
shall claim to be the owner of them, such person shall
have power to replevy the same, on giving bond before
the justice of the peace, or other authority, signing the
writ, with sufficient surety, in a sum equal to the value of
the goods attached, conditioned to prosecute his action of

Replevin of goods attached.


Writ, to what court returnable.

Officer's liability for neglect.

Replevin of stock of incorporated companies.

Limitation of liability oil. replevin bonds.

Replevin of

goods attached, by a stranger to the suit.

Authority to make proclamation to rioters.

replevin to effect, and in case he sail to make his plea good, to return and redeliver the goods and chattels attached, to the officer attaching the same, so that they may be forth-coming to be taken by an execution that may be granted in the suit on which they were attached, and on failure thereof, to pay the debt, or damage that may be recovered in such suit. And the plaintiff in such writ of replevin may cite the party, who attached the goods and chattels ordered to be replevied, to appear before a proper court, to answer to a charge for unlawfully taking the same : and if such plaintiff shall make out a title to such goods and chattels, he shall have judgment to retain the same, with his damages and costs; but if he shall fail to make out a title, judgment shall be rendered against him to return such goods and chattels to the officer who attached the same, and that, on failure thereof, he shall pay the value of such goods and chattels, or the debt or damages and costs, recovered in the action on which they were attached, in case they exceed in value the amount of the debt or damages and costs.

- TITLE 81. Riots.
An Act for the suppression of Riots.

----- B” it enacted by the Senate and House of Repre-
SECT. 1. - - -
sentalives, in General Assembly convened,
That if any three or more persons shall come together.
with an intention to do any unlawful act, with force or vi-
olence, against the peace, or to the manifest terror of the
people, every justice of the peace, sheriff deputy-sheriff.
constable, and select-man, within the limits of his jurisdic-
tion, shall be, and hereby is authorized, empowered and
required, on notice or knowledge of any such unlawful
and riotous assembly, to resort to the place where such
assembly shall be, and among, or as near as he can safely
come to such rioters, with an audible voice, to command,
or cause to be commanded, silence to be observed, while
proclamation is making; and after that, he shall openly.
and with an audible voice, make, or cause to be made,

proclamation in these words, or in words to the like ef.

Form of proclamation.

Power to apprehend riot

fect, to wit: “In the name and by authority of the state
of Connecticut, I charge and command all persons assem-
bled, immediately to disperse themselves, and peaceably
to depart to their habitations, or to their lawful business,
upon the pains and penalties of the law.”
sect. 2. If such persons, so unlawfully and riotously
assembled, or any three or more of them, after proclama-

mation made as aforesaid, shall not disperse themselves,
every justice of the peace, sheriff, deputy-sheriff, consta-
ble, or select-man, where such assembly shall be, and
such other person or persons as he shall command to
assist him, shall be, and hereby are authorized, em-
powered and required to seize and apprehend such per-
sons so unlawfully and riotously continuing together, af.
ter proclamation made as aforesaid, and forthwith to car-
ry the persons so apprehended. before some justice of the
peace, in order to their being proceeded against accord-
ing to law.
sect. 3. And if any of the persons so unlawfully and
riotously assembled, shall happen to be killed, or maimed,
or hurt, in the dispersing or apprehending, or endeavor-
ing to disperse or apprehend them, by reason of their re-
sisting the persons so dispersing, or endeavoring to dis-
perse or apprehend them, every justice of the peace,
sheriff deputy-sheriff constable and select-man, and all
persons aiding them, or any of them, shall be freed, dis-
charged and indemnified, as well against the public, as
against every person, and all persons whatsoever, of and
from such killing, maiming, or hurting of any person or
persons so unlawfully and riotously assembled.

TITLE 82. Sabbath.

An Act for the due observation of the Sabbath. or Lord's Day, and days of public Fasting and Thanksgiving.

1 Bo it enacted by the Senate and House of RepSECT. I. resentatives, in General dssembly convened, That it shall be the duty of the citizens of this state to attend the public worship of God, on the Lord's day; and that no person or persons shall do any secular business, work or labor, works of necessity and mercy excepted; nor keep open any shop, ware-house or work-house ; nor expose to sale any goods, wares or merchandize, or any other property; nor use any sport, game, play or recreation, on the Lord's day; nor shall any traveller, drover, waggoner, or teamster, travel on said day, except from necessity or charity. And every person, so offending, shall pay a fine not exceeding four dollars, nor less than one dollar. sor. 2. No person shall be present at any concert of music, dancing, or other public diversion on the evening preceding the Lord's day, on said day, or on the evening of said day, on penalty of four dollars.

ers continuing together, after proclamation made.

Magistrates indemnified.

Secular business, &c. prohibited on the Lord's day.

Attending public diversions, prohibitMeeting in companies, prohibited.

sect. 3. No persons shall meet in company or companies, in the streets, or elsewhere, on the Lord's day, except for the public worship of God, or some work of necessity or mercy, on the penalty of one dollar, each, for every such offence. t sect. 4. All prosecutions for the breach of the preceding sections, shall be within one month after the commission of the offence. -sect. 5. If any civil process shall be issued, or served, between the setting P the sun on Saturday night, and twelve o’clock of the succeeding Lord’s-day night, it shall be void.(1) sect. 6. If any person or persons, either on the Lord's day, or at any other time, shall wilfully interrupt or disturb any assembly of people, met for the public worship of God, each person, so offending, shall pay a fine not exceeding thirty-four dollars, nor less than one dollar. sect. 7. Each town shall, at their annual meeting, choose two or more tything-men, in each society or congregation, who shall be sworn to a faithful discharge of the duties of the office; and it shall be the duty of such tything-men, and of grand-jurors and constables, to enquire aster, and make due presentment of, all breaches of this act; and every sheriff, constable, grand-juror and tything-man, shall have power, and they are hereby directed, to apprehend and carry before a justice of the peace, all persons transgressing this act, to be dealt with according to law, provided they are taken on sight, or immediate information of others; and to command all necessary assistance ; and whosoever shall refuse to obey such command, and shall neglect to afford his utmost assistance to apprehend such offenders, shall suffer the same penalties as persons who refuse to assist sheriffs and constables in the execution of their office. sect. 8. And on days appointed for public fasting or thanksgiving, by proclamation of the governor of the state, all persons shall abstain from every kind of servile labor and recreation, works of necessity and mercy excepted; and every person who shall be guilty of a breach of this

Limitation of prosecutions.

Civil process, when void.

Disturbing assembly for public worship, prohibited.

Tything-men to be chosen and sworn.

Their duty.

Officers empowered to apprehend transgressors.

Servile labor and recreation, on days of fasting and thanksgiving, prohibited.

(1) No people ever had a higher idea of the sanctity of the Lord's day than the first settlers of New-England. They prohibited all secular business, excepting works of necessity and mercy, on that day; and, for a long time, it was observed with the utmost strictness and rigor. But in more modern times, sundry decisions having been made, by the superior court, confin

ing the operations of the statute to the solar day , and the supreme court of errors having decided, that civil process could be executed before sun-rise and after sunset, on the Lord's day; the language of the statute is now rendered more explicit, so as to remove any doubt respecting its construction. See For v. Abel, 2 Conn. Rep. 541.

section, shall be fined a sum not exceeding two dollars,
nor less than one dollar. And all fines and penalties, in-
curred by a breach of this act, shall be for the use of the
town where the offence is committed.
sect. 9. No proprietor or proprietors, or driver of any
coach, waggon, sleigh, or other carriage, belonging to, or
employed in, any line of stages, or extra carriage; or
proprietor or driver of any hackney coach, coachee,
chaise, sleigh, or other pleasure carriage; shall suffer or
allow any person or persons to travel, except from neces-
sity or charity, in such carriage, on the Lord's day, on
penalty of twenty dollars for every offence : Provided,
that this act shall not extend to the owners or drivers of
carriages employed for carrying the United States' mail
through this state, on the Lord's day.
sect. 10. No person, who conscientiously believes,
that the seventh day of the week ought to be observed as
the sabbath, and actually refrains from secular business
and labor, on that day, shall be liable to the penalties of
this act, for performing secular business or labor on the
Lord’s day, or first day of the week, provided he disturbs
no other person while attending the duties of public wor-

TITLE 83. Salaries and Fees.

An Act for regulating Salaries and Fees. SECT. 1 B'. it enacted by the Senate and House of Rep- - - resentatives, in General Assembly convened, That the salaries and sees of the several officers of the state herein mentioned, and of the members of the general assembly, shall be established as follows, to wit:

To the governor, per annum, one thousand one hundred
To the lieutenant-governor, per annum, eight hundred
and fifty dollars.
To each member of the senate, and the clerk thereof,
while in session, per day, two dollars ; and for
travel in going to, and returning from the place of ses-
sion, nine cents per mile.
To each member of the house of representatives, while
in session, per day, one dollar and fifty cents, and to
the speaker, an addition of one dollar per day, and to
each of the clerks, an addition of fifty cents per day;
and for travel in going to and returning from the place
of session, nine cents per mile.

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Senate and clerk,

Representatives, speaker and clerks,

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