Judgment on award.

Reference of

actions pending in court.

Witnesses before arbitra

tors.

Duty of two per cent on sales at auc

tion of foreign goods.

Limitation.

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 rendered 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 accordingly, 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 arbitrators, 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

cost.

SECT. 3. When disputes shall be submitted to arbitration, by act of the parties, or rule of court, the necessary witnesses may be summoned, and sworn, and shall be responsible to the parties for refusing to attend, as in trials at law; and if guilty of false swearing, shall be punishable in the same manner as for perjury.

TITLE 4. Auction.

An Act imposing a duty on sales at auction, in certain cases.

SECT. 1.

E it enacted by the Senate and House of Representatives 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, of foreign growth, produce, or manufacture, two percent, of the 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 insolvencies; or made in consequence of any general assignment of property and effects, for the benefit of creditors; or made by, or on behalf of, any executor or administrator, or executors or administrators.

Civil authority to grant li

SECT. 2. No person shall exercise the business of an Auctioneer of auctioneer, by the selling of any goods, wares, merchan- to be licensed. foreign goods dize of foreign growth, produce, or manufacture, whereby the best and highest bidder is deemed to be the purchaser, 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- Penalty for gether with the sums or duties payable, by this act, upon out licence. selling withthe goods, wares, or merchandize so sold without licence: Provided however, that nothing herein contained, shall Limitation. 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 exercise 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 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 respects, 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 Clerk's fee. by him signed, to be paid by the person who applies for such licence.

person

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

cence.

Applicant to give bond,

with surety.

Condition of bond.

Clerks to pay over duties to the state

treasurer, by

the 10th of

May annually.

Licence to be valid for one year only.

be taken.

tion, by such person, and of the several articles, lots, and 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.

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.

TITLE 5. Bail.

An Act concerning Bail in civil actions.

SECT. 1.

B

E it enacted by the Senate and House of Representatives in General Assembly convened, Bail, when to 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 process, 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 action who shall become bound to such officer, in a sufficient sum, conditioned for the appearance of the person, so arrested, before the court to which the writ is returnable, 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 confinement in gaol.

Defendant, when bailed, may not plead without special bail.

When persons

committed to

gao! may be

bailed.

SECT. 2. No defendant, whose person has been attached and let to bail, as aforesaid, shall be admitted to appear, and plead or defend in such action, until he hath in court given special bail, with sufficient sureties as aforesaid, 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 from imprisonment.

SECT. 4. In either of the cases aforesaid, every such When bail is surety or sureties, shall be obliged to satisfy the judgment liable. 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, and move to be discharged; upon which the court shall order the keeper of the gaol to receive him into custody, that his body may be taken on execution.

Suit against

SECT. 5. And the party in whose favor the judgment surety. is given, may have a writ of scire-facias, or other proper action, on the bond against such surety or sureties, to recover 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, within twelve months after the rendering of such final judgment. And the surety, against whom such recovery is had, shall have his proper action for an indemnity against the principal.

SECT. 6. It shall be the duty of the officer to assign the Officer to asbail-bond to the plaintiff, on his request; and no action sign bail-bond. 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- Liability of tion of any action or appeal, the surety or sureties, shall

surety on

be liable to satisfy the cost that shall be recovered against bonds for prothe principal, if it cannot be had out of his estate; to be secution. 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, Remedy of have executed a bail-bond, or entered into a recognizance bail against for the personal appearance of another, and such bail or principal, surety shall afterwards believe that his principal intends to abscond, such bail, or surety, on application to any justice 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 application, by oath or otherwise, it shall be the duty of such jus

Mittimus to

tice forthwith to grant a mittimus, directed to the sheriff, commit prin- his deputy, or constable, or indifferent person of the councipal. ty 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.

ers.

TITLE 6. Banks.

CHAP. I.

An Act to incorporate the Hartford Bank.

B

SECT. 1. 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," General pow- 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.

Capital stock.

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. Right to vote. The stockholders, in the choice of directors, or any other business respecting the institution, shall be enti tled 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

: