may sentence them to be committed to the house of TITLE 14. Communities. An Act enabling Communities to enforce and defend their rights. how to sue and be sued. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That towns, and all lawful societies, communities, or corpo- Communities, rations, shall have power to commence and prosecute any suits or actions, to maintain and recover their rights, before any court proper to try the same; and may appear and prosecute, by their agents or attornies, duly appointed, and may, in like manner, defend, in all suits brought against them; and when sued, the service of the writ, by leaving a true and attested copy of it, by some proper officer, with their clerk, or either of the select-men, or of the committee, or the secretary or cashier, twelve days before the sitting of the court to which it is returnable, shall be sufficient notice for them to appear and answer. And where any community, or corporation, incorporated by authority of this state, transact their business in the same, and have no secretary, clerk, cashier, or other officer, residing therein, then a true and attested copy of the writ, left with the agent of such corporation, residing in this state, or if there be none, then at the house or place where such corporation transact their business, and exercise their corporate powers, shall be sufficient service of such writ.* SECT. 2. All towns, and lawful societies, communi- May appoint ties, and corporations, shall have power, in their lawful agents. meetings, to appoint agents to appear in their behalf, and to employ attornies, if necessary, to prosecute or defend, in the suits in which they are parties. *Actions Civil sect. 53. 2 Day 259. 3 Day 441. 3 C. R. 1. 1 C. R. 1. 6 C. R. 223. 1 Root 109. 8 C. R. 286. Community having the beneficial interest, may sue. Towns to appoint consta bles. IN ADDITION passed 1833. BE it enacted by the Senate and House of Representatives in General Assembly convened, That whenever any bond, note or other security, taken and executed to the treasurer, committee, or other officer or officers of any lawful community or corporation in this state, wherein the beneficial interest belongs, or on the face of such bond, note or security, appears to belong to such community or corporation, all suits or actions at law or in equity to recover or enforce the same, may be commenced, maintained and prosecuted to final judgment, by such community, or corporation, in their own corporate name. TITLE 15. Constables. An Act relating to Constables. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That every town shall, at their annual meeting, appoint one constable, to levy and collect the state taxes, and such other number of constables as they may judge expedient, not exceeding seven, who shall take the oath prescribed by the constitution, for executive officers, on, or before the first Monday of January, in each year, and shall hold their offices until the next annual meeting of the town, or until others are chosen, and sworn in their room.* SECT. 2. Constables shall have the same power Their power. Within their own towns, to serve and execute all lawful writs, precepts, and warrants, directed to them, by lawful authority, as sheriffs have by law, within their counties, and shall be liable, in the same manner, for any neglect, default, or misconduct in their office. To receive hueand-cries; To put forth SECT. 3. Constables shall duly receive all hue-andcries, and the same diligently pursue to full effect; and where they are granted, or sent out, after capital or criminal offenders, such pursuit shall be at the expense of the state; but such as are taken out, by private persons, in their own cases, at the expense of those who take them out. SECT. 4. Constables shall have power to put forth hue-and-cries; pursuits, or hue-and-cries, after murderers, peace-break * 1 Root 83. 135. 6 C. R. 438. 5 C. R. 2 279. ers, thieves, robbers, burglarians, and all capital or criminal offenders, when no justice of the peace is near at hand; and also, without warrant, to apprehend such To apprehend as are guilty of profane swearing, drunkenness, or sab- offenders; bath-breaking, and them carry before the next justice of the peace, to be dealt with according to law: Provided, they be taken and apprehended in the act, or on present information of others. assistance. SECT. 5. Constables shall have power to command May command any person or persons to assist them, when necessary, in the execution of the duties of their office; and if any person shall refuse to assist them, having been duly required, he shall forfeit a sum not exceeding seven dollars, nor less than two dollars; which forfeitures shall be to the use of the town where the offence is committed. SECT. 6. And if any constable, or other person, upon Penalty for urgent occasion, shall refuse to aid in raising and prose- neglect of duty. cuting hue-and-cries, either on foot, or by horse, (if need be,) against criminal offenders, he or they shall forfeit the sum of seven dollars, to the use aforesaid. TITLE 16. Convicts. An Act to prevent the importation of Convicts. Convicts may BE it enacted by the Senate and House of Representatives in General Assembly convened, That no person convicted of any crime in a foreign country, and not be brought sentenced therefor to be transported abroad, shall be into the state. imported into this state; and that any person, or persons, who shall import or bring into this state, any such convict, or be aiding and assisting therein, knowing such person, so imported, to be a convict, and sentenced as aforesaid, shall forfeit and pay to the treasurer of the state, the sum of three hundred and thirty-four dollars, for every such convict so imported as aforesaid: and whenever any person shall be prosecuted for a breach of this act, he shall be deemed guilty of the same, upon proof that he has imported foreigners into this state, or Mode of proof. has been aiding or assisting therein, unless he can show, to the satisfaction of the triers, that such foreigners were not convicts, and that he had lawful right to import the same. And it shall be the duty of attornies for the state, and grand-jurors, to make information and presentment of all breaches of this act. Bounty. Accounts of crow-heads. oath. TITLE 17. Cornfields. An act for the protection of Cornfields, passed 1833. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That there shall be allowed, out of the treasury of this state, for each crow killed in this state, the sum of ten cents, to the person killing the same. SECT. 2. That each justice of the peace shall keep correct accounts of all the heads of crows, which shall Names of crow be exhibited and delivered to him, and of the names of killersthe persons, respectively, exhibiting and delivering the same; who shall make oath before him that they killed said crows in the town in which such justice resides. And such justice shall, from time to time, lodge such account, by him certified, with the town clerk of such town, by whom accounts, specifying the number of such crows' heads, shall, from time to time, be forwardComptroller's ed to the comptroller of public accounts, and the comptroller shall therefor draw an order or orders, upon the treasurer of this state, in favor of such town clerk, for the amount due thereby, pursuant to the provisions of this act. And such town clerk shall distribute the Distribution of monies by him received, to the persons to whom the same may be due, pursuant to the provisions of this order. moneys. the state and cashiers of banks, authori. act. TITLE 18. Counterfeiting. An Act to prevent the passing of counterfeit Bills or Coins. SECT. 1. BE it enacted by the Senate and House of Representatives in General Assembly convened, That Treasurer of when any false, forged, altered or counterfeit bill, made in imitation of, and purporting to be, a bill of public credit, issued by the authority of the United States, or zed to aize and any false, forged, altered or counterfeit bill or note, issued by the bank of the United States, or by any incorporated bank in this state, or any of the United States, shall be offered to be passed to the treasurer of the state, in payment of debts or taxes, or to the cashiers of any of the banks in the state, in payment of debts, or to be exchanged, it shall be their duty, and they are hereby authorized, to seize and deface such counterfeit deface counterfeit bills and notes. Justices of the bills or notes, and to enter on the back thereof, the name of the possessor, and to deliver the same to some justice of the peace, for the purpose of further inquiry. SECT. 2. When any justice of the peace shall see, or have knowledge of, any such counterfeit bill or note, peace authorihe shall have power to seize and deface the same, and zed to seize and shall enter on the back thereof, the name of the person deface them. from whom he takes it, and shall retain it in his pos session. or note shall de SECT. 3. When any person shall discover that he has Any person in his possession, any such counterfeit bill or note, he possessing shall deliver it to some justice of the peace; and if counterfeit bill such justice of the peace is of opinion, that such bill or liver it to a jusnote is counterfeit, he shall enter on the back of it the tice of the name of the person of whom he received it, and that it peace. was delivered to him as a counterfeit bill or note: bind over, or SECT. 4. Every justice of the peace, who has receiv- Power of justi ed or taken a counterfeit bill or note, or with whom one ces of the peace has been lodged as aforesaid, may, at his discretion, to examine, cause the person from whom it was seized, taken or re- commit. ceived, to come before him, and examine him on oath, respecting the person of whom he received the same; and in like manner, to make such further inquiry as he may deem expedient, to discover the person who forged or altered the same; or who had passed it, knowing it to be forged or altered: and when he shall obtain satisfactory proof against any person, to require him to become bound, with sufficient surety, to appear before proper court for trial, or to commit him for want of the bail. a counterfeit bill or note, to SECT. 5. Every person, who shall deliver up a coun- Proceedings by terfeit bill or note, or from whom it shall be taken as party receiving aforesaid, may inform the person from whom he received it, with whom it is lodged, and demand of him pay-recover damament of the same, and on refusal, may bring his action ges. on this statute, before any court having cognizance thereof, to recover his just damages; and if, on trial, such bill or note shall be found to be forged or altered, the court shall proceed to examine the parties on oath, and inquire of any other proper witnesses; and if it shall be found, that the plaintiff received such bill of the defendant for a true bill, he shall recover his reasonable damages, and cost: Provided, that such suit shall be brought within one year after passing such bill or note : Limitation of and that the plaintiff shall not have offered to return it suit. to the defendant, before it was taken by, or lodged with, a justice of the peace as aforesaid: and provided also, that such suit may be brought, without giving information to the defendant, and making demand of payment, |