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society, or electors’ meetings. And such company shall
transmit a copy of such vote or by-law, (when the same
has not already been done,) to the secretary of this state,
and also lodge a like copy, with one of the commissioners
on said road.
sect. 16. If any person shall make any encroachment
on any highway, on which a turnpike is now, or here-
after shall be, by law, established, the president and direc-
tors of such turnpike road, or the board of directors, in
those turnpike corporations, in which there is no presi-
dent for the time being, or a committee appointed by
them for that purpose, are hereby directed and empower-
ed. to give notice in writing, to the person or persons, who
may make such encroachment, to remove the same.
And if the person or persons warned as aforesaid, do not
cause such encroachment to be removed, within one
month after notice shall have been given as aforesaid, it
shall be lawful for such president and directors, or such
board of directors, or such committee appointed by them
as aforesaid, to remove the same ; and the expense of re-
moving such encroachment, shall be recovered by such
president and directors, or such board of directors, of the
person or persons by whom the same shall have been
made, by action, before any court proper to try the same.
And when any encroachment on any turnpike road shall
have been once removed, as aforesaid, if the same shall
again be made, it shall be lawful for such president and
directors, or such board of directors, or such committee
appointed as aforesaid, to remove the same, without giv-
ing further notice. And every person prosecuted for re-
moving such encroachment, and convicted, shall incur a
penalty of seven dollars, for every such offence, to be re-
covered by such president and directors, or such board
of directors, as aforesaid. And no appeal shall be allow-
cd in any suit, which may be brought by virtue of the
provisions of this section.
sect. 17. The property of all trees now growing, or
which shall hereafter be set out for shade or ornament,

within the limits of the highway, purchased by the Hart

ford and New-Haven turnpike company, and of all the stones and other materials, suitable for making, or repairing said road, which were left on said road, when the same was opened, and are now remaining thereon, shall be, and the same is hereby vested and established in said company. And each and every person, who shall, without the permission of said company, take up, cut down, or destroy any such tree, or trees, or shall remove off said road, any stones or other materials, as aforesaid, shall forfeit to, and for the use of said company, three times the value of such

Encroachments on turnpike roads, how removed.

Encroachments repeated, how removed.

Penalty.

No appeal.

Certain rights of the Hartford and NewHaven turn

pike company secured.

Penalty for violating those rights.

Proviso.

Usurious contracts void.

Forfeiture for taking usury.

Defendant may file his complaint of

usury.

Parties may be examined

trees, stones or other materials; and for each tree so taken up, cutdown, or destroyed, a furthersum of two dollars, besides the threefold value thereof, as aforesaid ; and said forfeiture may be recovered by suit or action, in the name of the company only, and for their use, before any court of record proper to try the same. . But, no tree or trees, now standing, or which may hereafter be set out, in front of, or near any dwelling-house, for shade or ornament, shall be liable to be removed by said company, without the approbation of the commissioners, appointed to inspect said road.

TITLE 106. Usury.

An Act to restrain the taking of Usury.
SECT. 1. B% it enacted by the Senate and House of Rep-

resentatives, in General Assembly convened, That no person or persons, upon any contract, shall take, directly or indirectly, for the loan of money, or any goods, wares or merchandize, or any property whatever, above the value of six dollars, for the forbearance of one hundred dollars for a year, and so after that rate, for a greater or less sum, or for a longer or shorter time; and all bonds, contracts, mortgages and assurances whatever, made for the payment of any principal or money lent, or covenanted to be lent, upon or for usury, whereupon, or whereby, there shall be reserved or taken above the rate of six dollars for the hundred, as aforesaid, shall be utterly void. sect. 2. Every person, who shall take, accept, and receive, by means of any corrupt bargain, loan, or exchange, or deceitful conveyance, or by any other means, for the forbearance or giving day of payment for a year, of and for money, or any other property, above the sum of six dollars for the forbearance of one hundred dollars for a year, and after that rate for a greater or less sum, or

for a longer or shorter time, shall forfeit the value of the

money or other property so lent, bargained, sold, or agreed for; one half to him who shall prosecute to ef. fect, and the other half to the treasury of the state. sect. 3. And in any action, brought on any bond, bill, or mortgage, or any contract whatever, it shall be lawful for the defendant to inform the court before which the action is pending, by filing his complaint with the clerk, on the second day of the session of the court, that such contract was given on a usurious consideration; and in that

case, the court shall proceed to enquire into the truth * oath.

of such complaint, as a court of equity, and may examine the parties on oath, and may receive any other proper testimony ; and if the plaintiff shall refuse to be examined on oath, he shall become nonsuit, and the defendant shall recover his costs. And if the court shall find, that the contract was given upon usurious consideration, they shall proceed to adjust the same in equity, and shall give judgment for the plaintiff to recover no more than the value of the goods, or the principal sum of money, which the defendant receiv. ed, without interest, or any advance on the same. And the like proceedings may be had in any cause pending before a justice of the peace.

TITLE 107. Veratious Suits.

An Act to prevent Wexatious Suits.

E it enacted by the Senate and House of Representatives, in General Assembly convened, That if any person shall commence and prosecute any suit or complaint against another, in his own name, or the name of others, without probable cause, and with a malicious intent, unjustly to vex and trouble him, he shall be liable to pay treble damages to the party injured, and to be fined the sum of seven dollars to the use of the treasury of the county where the offence is committed; and for the third

offence such person shall be proceeded against as a com mon barrator. -

TITLE 108. Weights and Measures.
An Act relating to Weights and Measures.

1 B% it enacted by the Senate and House of RepSECT. I , resentatives, in General Assembly convened, That there shall be kept at the treasury office, to be in the custody, and under the care of the treasurer of the state, for the time being, the following measures and weights, that is to say: a half bushel brass measure, of the capacity of one thousand and ninety-nine cubic inches; also, a brass peck measure, of half the said capacity, and a brass half peck measure, of one quarter of the said capacity, to be called by those names respectively, which shall be the standard of corn measures; also, a brass vessel, of the capacity of two hundred and thirty-one cubic

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Standard weights and measures to be kept at the treasury office.

Duty of treasurer in relation thereto.

County treasurers to keep standard weights and measures ;

on penalty.

Their duty herein.

Select-men to provide standard weights and measures, for their towns.

inches, which shall be the standard wine gallon measure; and a brass vessel, of the capacity of two hundred and eighty-two cubic inches, which shall be the standard ale or beer gallon measure; also, a brass or iron rod or plate, of one yard in length, divided into three equal parts, for feet in length, and one of those parts, subdivided into twelve equal parts for inches, which shall be the standard of those measures respectively ; and also, brass weights, of one, two, four, seven, fourteen, twenty-eight, and fifty-six pounds, which shall be the standard of avoir. dupoise weights. And itshall be the duty of the said treasurer, personally, or by some proper person or persons, by him appointed, to try all such weights and measures as shall, pursuant to the provisions of this act, be presented to him to be tried, by the proper standard, and to seal such as shall be found true, with the capital letters, S. C. sect. 2. The treasurer of each county, for the time being, shall constantly keep and preserve in good order, weights and measures, correspondent to all the aforesaid standards, and of like materials, and see that they are tried and sealed by those standards; and if any county treasurer, shall neglect to keep any of the weights or measures aforesaid, he shall forfeit seventeen dollars, for every three months of such neglect, to be recovered by suit of the state's attorney for such county, for the use of the county treasury; and it shall be the duty of the treasurer of the county, for the time being, either personally, or by some proper person or persons, by him appointed for that purpose, to try all such weights and measures, as shall. pursuant to the provisions of this act, be presented to him to be tried, by the county standard, and to seal such as shall be found true, with the capital letter C., and also with the letter which begins the name of the county. sEct. 3. The select-men of each town, shall, at all times, see that weights and measures, of the various kinds aforesaid, are provided for their respective towns, at the cost and charge thereof, as standards for such town, which shall be of good and sufficient materials; and those of the standard for liquid measure, shall be of copper, brass, or pewter; and cause the same to be tried, and sealed, by the county standards. And they shall, also, see that vessels for corn measure, of the following forms and dimensions, are provided, for the standards of their respective towns, to wit: a two quart measure, the bottom of which, on the inside, is four inches wide, on two apposite sides, and four inches and an half, on the other two sides, and its height from thence, seven inches and sixty-three hundreths of an inch ; a quart measure,

the capacity of which is three inches square from bottom
to top throughout, and its height, seven inches and sixty-
three hundreths of an inch; and a pint measure, the ca-
pacity of which, from bottom to top, is three inches
square throughout, and its height, three inches and eigh-
ty-two hundreths of an inch; and in default thereof, such
select-men shall, on conviction, before a justice of the
peace, forfeit and pay a fine of seven dollars, the one half
to him who shall prosecute the same to effect, and the
other half to the town treasury. And all informing offi-
cers are required to inquire after, and due presentment
make, of all breaches of this act: and after such convic-
tion, the select men, for the time being, shall incur a
like penalty for every two months, they shall neglect
their duty herein prescribed, or shall, at any time, fail to
preserve such weights and measures true, and in #. Ot-
der, for the use of the town, to be recovered as aforesaid,
for the use aforesaid.
sect. 4. The sealer of weights and measures in each
town, shall have the custody and safe keeping of the
weights and measures belonging to the town, and it shall
be his duty, once in every year, to try the several weights,
steelyards and measures, that are used by any person in
such town, by the town standards; to deface and destroy
such as cannot be brought to compare with the standard,
and to seal with the capital letter, initial in the name of
the town, such as are found or made true ; and such seal-
er shall, some time in the month of April, yearly, give no-
tice to the inhabitants of the town, by a writing posted on
the sign-posts, and other public places in the town, to
bring their steelyards, weights and measures, at the time
and place therein fixed, to be tried and sealed. And if
any person shall, for the purpose of buying or selling, use
any weight or measure, until the same shall have been
sealed, in manner aforesaid, he shall, for every such of.
fence, forfeit the sum of two dollars, one half for the ben-
efit of the town, in which such offence shall be committed,
and the other half to the sealer of weights and measures
for said town, whose duty it shall be to prosecute the same
to effect: and every sealer who shall neglectilis duty re-
quired by this act, shall forfeit the sum of five dollars, for
every such neglect, to the town treasury.
sect. 5. The half bushel measure, and the parts there-
of herein described, shall be the standard measures, for
charcoal, all kinds of fruits and vegetables, and shell fish,
when sold by measure; and in measuring the said articles,
the measures shall be well heaped.

Penalty.

Duty of sealer of weights and In easures.

Penalty for
using unsealed
weights or
In easures.

Penalty upon sealers for neglect of duty.

Charcoal, &c. how measured.

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