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and the stateshall, at all times,ongiving six months' notice, have the right to withdraw from said banks, the money, or any part thereof, which shall have been paid into said banks for said shares: but the shares subscribed by the state, shall not be transferable : and the several shares, already subscribed by the state to any of said banks, shall continue to be holden, on the terms aforesaid.
sect. 2. The comptroller of public accounts shall, after any monies shall be subscribed and paid to any of said banks, be furnished, from time to time, as , often as he may require, not exceeding once a month, with a statement of the amount of capital stock of such bank, and of the debts due to the same; of the monies deposited therein, of the notes in circulation, and of the cash in hand; and shall also have a right to inspect such general accounts in the books of the bank, as shall relate to said statement.
sect. 3. In case the monies subscribed and paid by the state, to any one of said banks, shall exceed the sum of five thousand dollars, and the state shall hold the stock of the bank therefor, the general assembly may, if they see fit, appoint some meet person to be a director in said bank, for and on behalf of this state, or provide by law for appointing or designating such director; the said person, thus designated or appointed, not to act as a director, at the same time, in more than one bank. And said director, so appointed on the behalf of the state, shall have the same powers as the other directors of said banks; and the state will not claim or exercise any other agency in the choice of the officers of said bank, or the management of its concerns, than is expressed in this act ; and nothing in this act, shall be construed to prevent the stockholders of said banks, from opening new subscriptions, and enlarging the capital stock of the private stockholders in said banks, in the manner, and to the amount, as in and by their respective acts of incorporation, is provided.
SECT. 1 B'. it enacted by the Senate and House of Rep-
Till 7. Barberry Bushes....Till 8. Basary.
bill or note, issued by any bank, or corporation whatever, for a less sum than one dollar, shall forfeit three dollars, to the use of the person who shall bring an action for the same. And it shall be the duty of all informing officers, to prosecute to effect, all breaches of this act; and in such cases the penalties incurred and recovered, shall be for the use of the town where the prosecution shall be had.
sect. 3. All shares in banks, manufacturing, and other incorporated companies, shall be considered as personal estate, and may be disposed of as other personal estate, unless otherwise directed in the act of incorporation.
TITLE 7. Barberry Bushes.
resentatives, in General Assembly convened, That any person or persons, with the advice and consent of the civil authority, and select-men of any town, where any barberry bushes are, or may be growing, or in pursuance of the vote of any such town, passed in legal town meeting, may, at any season of the year, enter on lands, on which barberry bushes shall be growing, and dig up and destroy them, without being liable to an action therefor. sect. 2. The select-men of any town, in which such bushes are, or shall be growing, may, in pursuance of a vote of the town, passed in legal meeting, employ any suitable person or persons, to dig up and destroy such bushes, and defray the expence thereof from the treasury of the town.
TITLE 8. Bastardy.
An Act providing for the support of Bastard
1 Bo it enacted by the Senate and House of Rep312 CT. I • resentatives in General Assembly convened, That any woman, who has been delivered of, or is pregnant with, a bastard child, may exhibit her complaint, on oath, to a justice of the peace, in the town where she dwells, against the person she charges with being the father of such child; and such justice of the peace shall, thereupon, issue a warrant, and cause such person to be
Order of court.
When towns may prosecute."
apprehended and brought before him; and if, on due
in case she fails to prosecute the same to final judgment; and any bond, given by the defendant, in such case, to the complainant, shall have the same effect as if given to such town : and, if the court shall find the defendant guilty, they shall make an order that he shall give a bond, with sufficient surety, to such town, to indemnify them against all expence for the maintenance of such child, and to pay the cost of prosecution; and, on failure thereof may commit him to the common gaol, there to remain
till he complies with such order.
sect. 3. No prosecution shall be brought but within Limitation. three years from the birth of the bastard child; provided; the time any person accused, shall be absent from the
state, shall not be computed.(1)
(1) In the revision of 1672, an act appears, subjecting the father of a bastard child to the maintenance of it, with the assistance of the mother, as the court shall order, and providing that the person charged by the mother to be the father, shall be adjudged to be the reputed father, upon her continuing constant in the charge, especially being put upon the discovery of the truth, in the time of her travail; with a proviso, that if no person should be accused. in the time of her travail, it should not abate the conviction of the reputed father, I his proviso is omitted in the revision of 1702. This statute does not prescribe the mode
of prosecution, nor designate the prosecutor. or the mode of yielding the maintenance. The practice, however, has always been, for the woman to institute a suit in her own name; and it has been decided. that a discovery, in time of travail, is an indispensable part of the evidence. In the revision of 1784, the power was given to towns, chargeable with the support of a bastard child, to continue prosecutions begun by the mother, if she should neglect to proceed, and to bring forward prosecutions, where she should neglect. The present statute is made conformable to the practical construction of the old statute. See IDuy,278, 1Gon.Rep.417.
An Act concerning Book Debts.
SECT. 1. B% it enacted by the Senate and House of Rep
resentatives in General Assembly convened,
That in all actions of debt on book, tried on the general Evidence, of issue, the evidence of the parties, and of any other per- the parties,
sons interested, taken in or out of court, in such manner
be taken, may be admitted by the court; and the triers shall well weigh and consider the credit of such witnesses, together with the entries of the parties in their respective books, and any other evidence given them, and all the other circumstances attending such cases.(1)
and of persons - - - - inte ested, adand form as evidence in other cases is required by law to missible.”
(1) In the revision of 1750, the statute directs, that the jury shall well weigh and consider the credit of the parties admitted to take their oaths. This, undoubtedly, refers to a well known practice, previouso adopted, to admit the parties, in book ebt actions, to testify; and which was
probably ce-eval with the government; and though repugnant to the principles adopted in other cases, yet it is consistent with the practice in matters of account, both in law and equity, from which it was probably borrowed.
Oyer of desendant’s book.
Appointment of auditors.
Inay plead that plaintiff
Removal of the cause from justice of the peace to county court.
in what case no costs shall be allowed.
sect. 2. When the defendant, in any action of debt on book, shall have pleaded any plea, under which it shall be lawful to give in evidence any book account in favor of the defnedant against the plaintiff, the court may, on motion of the plaintiff, made in reasonable time, order that oyer shall be given to the plaintiff of the book of the defenddant, either forthwith, or within such time as the court may prescribe. sect. 3. In every action of debt on book, wherein the account shall be alleged to be above seventeen dollars, the court, before which such action is pending, shall have power to appoint not more than three able, judicious and disinterested men, to audit and adjust the accounts between the parties; who shall have the same power, and be sworn and proceed in the same manner, as auditors in a proper action of account; and their award being returned into court, judgment shall be rendered in pursuance thereof. sect. 4. In every action of debt on book, it shall be lawful for the defendant to plead, in addition to the general plea that he owes the plaintiff nothing, that the plaintiff is indebted, or in arrear to him the defendant, to balance book accounts ; and if it shall so be found, on the trial, judgment shall be rendered for the defendant, to recover of the plaintiff the sum so found to be due, with costs; and the party aggrieved by the judgment, on such plea, shall have the same right of appeal as he would have had, if the action had been brought by the defendant, demanding the same sum as that claimed in said plea: Provided nevertheless, that if in any such action brought before a justice of the peace, the defendant, in his plea, shall claim a greater balance than thirty five dollars, such plea shall not be received, unless the party making the same, shall pay to said justice, for the use of this state, a duty of thirty-four cents, and shall enter into a recognizance, with sufficient surety, to the adverse party, in a reasonable sum, to remove said cause to, and pursue his plea, before the county court next to be holden in the county, and to answer all damages in case he shall fail to make his plea good ; which recognizance the said justice shall have power to take, and when taken, he shall record said plea ; and if the party, so removing the cause, shall not recover final judgment for a greater sum than thirty-five dollars, he shall not be entitled to costs; and if final judgment shall be rendered against him, he shall be subjected to double costs. sect. 5. If any defendant, in any action of debt on book, brought against him before any court in this state, shall neglect to exhibit his account on trial, to be adjusted as aforesaid, and shall afterwards bring an action