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Reference of actions pending in court.
Witnesses before arbitrators.
Duty of two per cent on sales at auction of foreign goods.
cluded by, such arbitration: and in either of the above
cases, the award of the arbitrators being returned into
court, and accepted by the same, judgment shall be ren-
dered thereon, for the party in whose favor the award is
made, to recover the sum awarded to be paid to him, with
additional costs, and execution shall be granted accord-
ingly, if the party against whom the award is made, shall
neglect or refuse to perform the same.
sect. 2. When any personal action shall be pending in
court, if the parties desire to refer the same to arbitration,
each may choose one person to be an arbitrator, and the
court may appoint a third; and the award of such arbi-
trators, returned into court, and accepted, shall be an
end of such controversy, and judgment shall be rendered
pursuant to the same, and execution granted thereon, with
sect. 3. When disputes shall be submitted to arbitra-
tion, by act of the parties, or rule of court, the necessary
witnesses may be summoned, and sworn, and shall be re-
sponsible to the parties for refusing to attend, as in trials
at law; and if guilty of false swearing, shall be punisha-
ble in the same manner as for perjury.
An Act imposing a duty on sales at auction, in
SECT. 1. Bo it enacted by the Senate and House of Rep.
resentatives in General Assembly convened, That there shall be levied, and collected, and paid for the use of this state, upon all sales by way of auction, of goods, wares, or merchandize, offoreign growth, produce, or manufacture, two percent, ofthe purchase money,arising by sale at auction, of such goods, wares, or merchandize, to be paid by the auctioneer, or person making such sales at auction, out of the monies arising from each and every such sale, to the clerk of the civil authority of the town in which such sales are made: Provided always, that nothing in this act contained, shall extend to any sale or sales, by auction, of seal skins, or whale, or spermaceti, or elePhant or fish oil, or fish or whale-bone, taken and imported by citizens of this state; or of goods, wares, and merchandize, made pursuant to, or in execution of any rule, order, decree, sentence, or judgment of any court; or made in virtue, or by force of any law, touching the collection of any tax or duty, either of this state or the
United States; or the disposal of property, by auction,
belonging either to this state, or the United States; or
made in consequence of any bankruptcy or insolvency,
pursuant to any law concerning bankruptcies or insol-
vencies ; or made in consequence of any general assign-
ment of property and effects, for the benefit of creditors;
or made by, or on behalf of any executor or administra-
tor, or executors or administrators.
sect. 2. No person shall exercise the business of an
auctioneer, by the selling of any goods, wares, merchan-
dize of foreign growth, produce, or manufacture, where-
by the best and highest bidder is deemed to be the pur-
chaser, unless such person shall have a licence therefor,
from the civil authority of the town in which he intends to
exercise said business, signed by the clerk of said board of
civil authority, on pain of forfeiting to the treasury of
this state, for every such sale, the sum of fifty dollars, to-
gether with the sums or duties payable, by this act, upon
the goods, wares, or merchandize so sold without licence:
Provided however, that nothing herein contained, shall
be construed to require a licence for the sale at auction
of any goods, chattels, or other thing, which by this act
are not made liable to duty, or are exempted from duty.
sect. 3. The civil authority of the several towns in this
state, are hereby authorized to grant a licence to exer-
cise the business of an auctioneer of goods, wares, and
merchandize of foreign growth, produce, or manufacture,
within their respective towns, to any inhabitant of this
state, who shall apply for the same; provided the person
so applying shall first give bond, with good surety, in the
sum of three hundred dollars, to the acceptance of the
civil authority in the town in which he resides, payable
to the treasurer of this state, conditioned that the person
applying for such licence will duly pay to the clerk of
said board of civil authority, the duties imposed by this
act, on or before the first Mondays of October, January,
April and July, in each year, and shall, in all other re-
spects, comply with the requirements of this act. And
the clerk of any board of civil authority, shall be entitled
to receive the sum of fifty cents, for every such licence
by him signed, to be paid by the person who applies for
sect. 4. Each person, licenced as aforesaid, shall
render, on oath, to the clerk of the civil authority, by
whom his licence was granted, on the first Mondays of
October, January, April, and July, in each year, a true and particular account, in writing, of the monies, or sums, for which any goods, wares, or merchandize, made liable to duty by this act, have been sold, at every sale at auc
Clerks to pay over duties to the state treasurer, by the 10th of May annually.
Licence to be valid for one year only.
Defendant, when bailed, may not plead without special bail.
When persons committed to gaol may be bailed.
tion, by such person, and of the several articles, lots, anã parcels, which shall have been sold, the price of each article, lot, or parcel, and by whom purchased, during the three months preceding.
sect. 5. The clerks of the different boards of civil authority, who shall have received any duties on sales at auction, pursuant to the provisions of this act, shall annually, on or before the tenth of May, pay over the same to the treasurer of this state. r
sect. 6. No licence, granted by virtue of this act, shall be of any validity, for any longer term than one year from the date thereof.
An Act concerning Bailin civil actions.
---------- E it enacted by the Senate and House of Rep-
SECT. 1. - -
B. in General Assembly convened,
That it shall be the duty of sheriffs, deputy sheriffs,
constables, and indifferent persons deputed to serve writs
of attachment, to take sufficient bail, when offered by any
person by them arrested, or held in custody, on mesne pro-
cess, in any civil action; which bail shall be one or more
substantial inhabitants of this state, of sufficient ability to
respond the judgment that may be recovered in the ac-
tion who shall become bound to such officer, in a suffi-
cient sum, conditioned for the appearance of the person,
so arrested, before the court to which the writ is returna-
ble, and the person arrested shall thereupon be liberated
from such arrest. And where the person so arrested shall
be committed to gaol on mesne process, for want of bail, it
shall be the duty of the sheriff having charge of the gaol, at
any time before the session of the court, to which the writ
is returnable, to take good and sufficient bail as aforesaid,
when offered, for the appearance of such person before
such court; on which he shall be released from confine-
ment in gaol.
sect. 2. No defendant, whose person has been attach-
ed and let to bail, as aforesaid, shall be admitted to ap-
pear, and plead or defend in such action, until he hath in
court given special bail, with sufficient sureties as afore-
said, for his abiding final judgment in the cause, if the
plaintiff require the same.
sect. 3. When any defendant committed to gaol, for
want of bail to the officer, shall remain confined therein
after the term to which the writ is returnable; or where
a defendant, committed to gaol for want of special bail.
shall remain confined therein, after the session of the
court, and the action shall be continued, it shall be the
duty of the sheriff having charge of the gaol, to take bail,
when offered, with sufficient sureties as aforesaid, for his
abiding the final judgment that shall be rendered in the
cause ; and thereupon such defendant shall be released
sect. 4. In either of the cases aforesaid, every such
surety or sureties, shall be obliged to satisfy the judgment
in case of the principal's avoidance, and a return of non
est inventus on the execution; unless such surety, on or
before the time of entering up final judgment, shall bring
the principal into court, j move to be discharged; upon
which the court shall order the keeper of the gaol to re-
ceive him into custody, that his body may be taken on
sect. 5. And the party in whose favor the judgment
is given, may have a writ of scire-facias, or other proper
action, on the bond against such surety or sureties, to re-
cover the sum, for which judgment shall be rendered
against the principal, with additional cost; provided such
writ of scire-facias, or other process on the bond, shall
be taken out and served upon the surety or sureties, with-
in twelve months after the rendering of such final judg-
ment. And the surety, against whom such recovery is
had, shall have his proper action for an indemnity against
sect. 6. It shall be the duty of the officer to assign the
bail-bond to the plaintiff, on his request; and no action
shall be maintained against the officer who took the bail,
unless he shall have taken insufficient bail, or shall refuse
to assign the bail-bond to the plaintiff, that he may have
a remedy agreeably to this act.
sect. 7. And in case of bonds given for the prosecu-
tion of any action or appeal, the surety or sureties, shall
be liable to satisfy the cost that shall be recovered against
the principal, if it cannot be had out of his estate ; to be
recovered by a writ of scire-fucias, or a proper action on
the bond. And no security to prosecute an appeal, shall
exonerate the special bail in the cause.
sect. 8. In all cases, where any person or persons,
have executed a bail-bond, or entered into a recognizance
for the personal appearance of another, and such bail or
aurety shall afterwards believe that his principal intends to
abscond, such bail, or surety, on application to any jus-
tice of the peace, in the county in which such principal
resides, and producing his bail-bond, or evidence of his
being bail or surety, and verifying the reason of his applica-
tion, by oath or otherwise, it shall be the duty of such jus-
Officer to assign bail-bond.
Liability of surety on bonds for prosecution.
Remedy of bail against principal.
Mittimus to commit principal.
tice forthwith to grant a mittimus, directed to the sheriff, his deputy, or constable, or indifferent person of the county in which such application shall be made, commanding such officer or indifferent person, forthwith to arrest such principal, and him commit to the keeper of the common gaol in such county, who is hereby authorised to receive such principal, and him retain in gaol, until discharged by due order of law.
TITLE 6. Banks.
An Act to incorporate the Hartford Bank.
E it enacted by the Senate and House of
Representatives, in General Assembly convened, That the stockholders of the Hartford Bank, their successors and assigns, shall be and remain a corporation and body politic, by the name and style of the “ President, Directors, and Company of the Hartford Bank,” and by that name shall be and are hereby made capable, in law, to have, purchase, receive, possess, and enjoy, to them and their successors, all kinds of real and personal estate, and the same to sell, grant, demise, and dispose of: to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts : and also to have, make, and use a common seal, and the same to break, alter, and renew at pleasure: and to ordain, establish, and execute such by-laws, ordinances, and regulations, as shall be deemed necessary and convenient, for the well ordering and government of the said corporation, not being contrary to their charter, or the laws of this state, or of the United States: and to do and execute all and singular acts, matters, and things, which to them shall appertain, subject to the rules, restrictions, and provisions herein after prescribed. sect. 2. The capital stock of said bank shall consist of one million of dollars, to be divided into ten thousand shares, each share being one hundred dollars; together with such shares as have been, or shall be, subscribed by the state of Connecticut, and by religious societies. The stockholders, in the choice of directors, or any other business respecting the institution, shall be entitled to as many votes as they have shares in the bank; and may vote by themselves, or agents, duly appointed: but no share shall give a stockholder a right to vote, unless he has been a legal proprietor at least three