The Connecticut courant and Hartford weekly intelligencer — Hartford, Conn., 1774-07-26 00:00:00, page 2

such Persons intended to be returned to the fald Ge
neral Sessions of the Peace, ^s qualified to serve on
Juries refpcaively, pursuant to the Directions of this
Aft ; and leave, at the fame Time, a Duplicate of
' such Lift, with the Town-Clerk of the laid Place,
to be perused by the Freeholders and Inhabitants
thereof, to the End that Notice may be given of Per
sons duly qualified, who are omitted, or of Persons
inferred by Mistake, who ought to be omitted out
of such Lilts ; and it shall and may be lawful to and
for the Justices at the General Sessions of the Peace
to which the said Lifts shall be so returned, upon due
Proof made before them of any Person or Persons
duly qualified to serve on Juries, being omitted in
such Lifts, or of any Person or Perlons being insert
ed therein who ought to have been omitted, to order
his or their Name or Names to be inserted or flruck
out, as the Case may require : And in case any Con
stable shall wilfully omit, out of such Lift, any Per
son or Persons, whose Name or Names ought to be
inserted, or shall wilfully infect any Person or Per-'
fqns who ought to be omitted, every Constable so
offending shall, for every Pefon so omitted or insert
ed in such Lilt, contrary to the true Intent and
Meaning of this Aft, be fined by the said Justices
in the said General Sessions of the Peace, in the Sum
of Forty Shillings Sterling.
Provided always, and be it enacted by the autho
rity aforefaid, that in case defaults shall at any time
hereafter be made, by any constable or constables,
to return lifts of persons qualified to serve on juries
within any of the said towns, to the said court of
general sessions of the peace ; then, and in such case,
it shall and may be lawful for the fheriff of the
county, in which default ihall be made, to fummotr
and return to the several courts aforefaid, or any of
them, such and so many persons dwelling in such
towns or the diftridts thereof, qualified to serve on
juries, as he shall think fit to serve on juries, at such
refyeaive courts ; any thing herein contained to the
contrary thereof in any-wiie notwithstanding;
And be it further enacted by tne authority afore
faid, that every summons of any perlon to serve up
on any of the juries at the laid court, or any of them,?
shall be made by the fheriff or any other person, ten
days at the lealt before the holding of every such
court ; and in case any jurors, so to oe fummon'd,
be absent from the usual place of his habitation, at
the time of such summons, notice of such lummons
shall be given by leaving a note in writing, under
the hand of such fheriff or perlon, containing the
contents thereof, at the dwelling-house of fuchju
tor, with some person inhabiting in the fame.
Provided always and be it further enabled by the
authority aforefaid, that in case a fufficient number
of persons qualified to serve on juries, shall not ap
pear at the said courts, or any of them, to perform
the service of grand or petit jurors, that then, and in
such case, it Ihall be lawful for the said court to iflue
a writ or precept to the fheriff, requiring him to
summon a fufficient number of other persons quali
fied to serve on j uries, immediately to appear at such
court, to fill up and complete the number of jurors
to serve at such court ; and such persons are hereby
required to appear and serve as jurors at the laid
courts accordingly.
And be it further enabled by the authority afore
faid, that no person who shall serve as a Juror, at any
of the said Courts, shall be liable to serve again as a
Juror at the fame Court, or any other of the Courts
aforefaid, for the Space of Three Years then next
following, except upon Special Juries.
And, in order that the Sheriffs may be informed,
of the Perlons who have served as Jurors ; it is here
by further enacted by the Authority aforefaid, That
every Sheriff shall prepare and keep a Book, or Re
gister, wherein the Names of all such Persons, who
have served as Jurors, with their Additions and Pla
ces of Abode, and the Times when, and the Courts
in whichthey served, shall be alphabetically enter
ed and registered ; which Books or Registers, shall
from Time to Time, be delivered over to the suc
ceeding Sheriff of the said County within Ten Days
after he shall enter upon his Office ; and every Ju
ror wno shall attend and serve at any of the Courts
aforefaid, may, at the Expiration of the Time of
holding every such Court, upon Application to the
Sheriff or his Deputy, have a Certificate immediate
\y gratis, from the Sheriff or his Deputy, teftifying
such his Attendance and Service ; which said Cer
tificate the said Sheriff, or his Deputy is required to
give to every such Juror.
And be it further enacted by the Authority afore
faid, That if, by reason of Challenges or otherwise,
there shall not be a fufficient Number of Jurors, for
the Trial of any Prosecution for any Mifdemeanour,
or any Action depending in any of the said Courts,
then and in such Case, the Jury shall be filled up de
Ealilus Circumfantibus, to be returned by the Sheriff,
unless he be a Party, or intereiled or related to any
Party or Person interested in such Prosecution or Ac
tion ; and in any of which Cases to be returned by
the Coroner, unless he be a Party, or interested or
related to any Party or Person interested in such
Prosecution or A&ion ; and in any of those Cases,
to be returned by a proper and indifferent Person, to
be appointed by the Court for that Purpose.
And be if further enaded by the Authority afore
faid, That in Case any Person summoned to serve
upon the Grand or Petit Jury, at any of the Courts
aforefaid, or upon the Jury in any Prosecution, Ac
tion, or Suit, depending in any of the said Courts,
shall not appear and serve at the said Courts, accord
ing to the laid Summons, (not having any reasona
ble Excuse to be allowed by the Judges or Justices
at such Court) shall be fined by the Judges or Jus
tices of such Court, in any Sum not exceeding Ten
Pounds, -nor less than Twenty Shillings Sterling.
And be it further enabled by the Authority afore
faid, That every Sheriff, or other Officer, to whom
the Kenire Facias, or other Process or Warrant, for
the Trial of Causes, or summoning of Juries, Ihall
be directed, shall, upon his Return of every such
Writ, or other Process or Warrant, (unless in Cases,
where a Special Jury shall be Itruck by Order or
Rule of Court, pursuant to this Ad) annex a. Pannel
to the said Writ, or Process, or Warrant, containing
the Christian and Surnames, Additions, and Places,
of Abode, of a competent Number of Jurors named
in such Lifts, as are qualified to serve on such Juries
refpedively, the Names of the Persons to be insert
ed in the Pannel annexed to every such Writ or Pro
cess, or Warrant ; which Number of Jurors shall not
be less than Twenty-four, nor more than Forty
eight, without Direction of the Judges or Justices of
such Court or Session, or One of them, who are here
by refpe&ively impowered and required,? if he or
they fee Cause, by Order, under his or their respec
tive Hand or Hands, to direst a greater or lesser
Number; and then such Number as shall be so di
re&ed, ihall be the Number to be returned to serve
on such Jury ; provided that such Number to be so
returned, shall not be less than Twenty-four.
And be it further enacted by theAuthority afore
faid, That for the Trials of all Actions or Suits de
pending in any of the said Courts, the Name of
each and every Person who shall be summoned and
returned as aforefaid, with his Addition and the
Place of his Abode, Ihall be written in several and
diking Pieces of Parchment,- or Paper, being all as
near as may be of equal Size and Bigness, and shall
be delivered unto, the Officer to be appointed by the
Court for that Purpose, by the Sheriff, Under-She
riff or some Agent of his ; and shall, by Direction
and Care of such Officer be Rolled up all as near as %
may be, in the fame Manner, and put together in a
Box or Glass, to be provided for that Purpose ; and
when any Cause shall be brought on to be tried,
fonre indifferent Person, by Direction of the Court,
may and shall, in open Court, draw out Twelve of
the said Parchments or Papers, One after another ;
and if any of the Persons, whose Names shall be so
drawn, shall not appear, of shall be challenged, and
such Challenge allowed, then such Person shall pro
ceed to draw other Parchments or Papers, from the
said Box, till Twelve indifferent Persons shall be
drawn; which 12 indifferent Persons being sworn,
shall be the Jury to try the said Cause ; and the
Names of the Persons so drawn and sworn shall be
kept apart by themselves in some other Box or Glass,
to be kept for that Purpose, till such Jury shall have
given in their Verdict, and the fame is recorded, or
until such Jury shall, by Consent of the Parties, or
Leaye of the Court, be difeharged; and then the
fame Names shall be rolled up again, and returned
to the former Box or Glass, there to be kept, with
the other Names remaining at that Time undrawn,
and so toties quoties, as long as any Case remains then
to be tried.
And be it further enabled by the Authority afore
faid, That.it shall and may be lawful, to and for- the
Superior Court of Assize, and Court of Common
Pleas, upon Motion made on Behalf of His .Majesty,
His Heirs or Successors, or on the Motion of any
Prosecutor or Defendant, in any Indictment or In
formation for any Misdemeanor, depending, or to
be brought or prosecuted in the said Court, or on
the Motion of any Plaintiff or Plaintiffs, Defendant
or Defendants, in any Action, Cause, or Suit what
soever, depending, or to be brought and carried on
in the said Court, and the said Court is hereby au
thorifed and required, upon Motion as aforefaid,
in any of the Cases before-mentioned, to order and
appoint a Jury to be struck for the Trial of any Issue
joined in any of the said Cases, and triable by a
Jury of Twelve Men, by such Officer of the said
Court as the Court shall appoint ; and for that Pur
pose, the Sheriff, or his Deputy, shall attend such
Officer, with the Duplicate of the Lifts of Persons
qualified to serve on Juries ; and such Officer shall
thereupon take down, in Writing, from the said
Duplicate, the Names of Forty-eight Persons quali
fied to serve on Juries, with their Additions and
Places of Abode, a Copy whereof shall forthwith be
delivered to the Prosecutors or Plaintiffs, their At
tornies or Agents, and another Copy thereof to the
Defendants, their Attornies or Agents in such Pro
secutions and Causes ; and the said Officer of the
Court aforefaid shall, at a Time to be fixed by him
for that Purpose, llrike out the Names of Twelve of
the said Persons, at the Nomination of the Prefect.--
tors or Plaintiffs, their Attornies or Agents, and also.
tlie Names ofTwelve others of the said Perfops, at;
the Nomination of the said Defendants in fueh Pro-,
fecutions and Suits, and the Twenty-four remaining.
Persons shall be struck and summoned, and return
ed to the said Court as Jurors, for the Trial of such
Issues.
Provided always, That in Case the Prosecutors or
Plaintiffs, or Defendants, their Attornies or Agents
shall negied or refufe to attend the Officer at the
Time fixed for striking the Names of Twenty-four
Persons as aforefaid, or nominate the Persons to be
struck out ; then, and in such Case, the said Officer
shall, and he is hereby required to strike out the
Names of such Number of the said Persons, as fuck
Prosecutors or Plaintiffs, or Defendants, might hay^
nominated to be struck out.
And be it further enabled, That thePerfon or Par-,
ty who shall apply for such Special Jury as aforefaid#
(hall not only bear and pay the Fees for striking such
Jury, but shall also pay and discharge all the Ex-,
pences occasioned by the Trial of the Cause by such
Special Jury, and shall not have any farther or other
Allowance for the fame, upon Taxation of Cofts#
than such Person or Party would be intitled unto, in
case the Cause had been tried by a common Jury#
unless the Judge, before whom the Cause is tried#
shall, immediately after the Trial, certify, in open
Court, under his Hand, upon the Back of the Re
cord, that the fame was a Cause proper to be tried
by a Special Jury.
And be it further enabled by the Authority afore-,
said, That, in all Actions brought in any of the said
Courts, where it shall appear to the Court in which
such Actions are depending, that it will be proper
and necessary that the Jurors who are to try the Is
sues in any such Actions, should have the View of
the Meffnages, Lands, or Place in Queftron, in or
der to their better underilanding the Evidence that
will be given upon the Trial of such Issues ; in eve
ry such Case the fefpedtive Courts in which such.
Actions shall be depending may order the Jury to.
the Place in Queftiori, who then and there shall have
the Matters in Question shewn them by Two Per
sons to be appointed by the Court ; and the Special
Cost of all such Views as allowed by the Court, shall,
before the Trial, be paid by the Party who moved
for the View (the adverse Party not contenting
thereto ; ) and shall, at the Taxation of the Bill of
Cost, have the fame allowed him, upon his recover
ing Judgment in such Trial ; and upon all View
with the Consent of Parties, ordered by the Court,
the Costs thereof, as allowed by the Court, fhall#
before Trial, be equally paid by the said Parties ;
and in the Taxation of the Bill of Coils, the Party
recovering Judgment shall have the Sum by him
paid allowed to him ; any Law, Usage, or Cuflom,
to the Contrary notwithstanding.
And be it further enabled by the Authority afore
faid, That if any Attion shall be brought against any
Sheriff, for what he shall do in Execution, or by vir
tue of this Act, he may plead the General Issue, and
give the Special Matter in Evidence ; and if a Ver
did shall be found for him, he shall recover Treble
Costs..
O R K, July 21,
Proceedings of the Committee of Correspondence,
Committee-Chamber, July 19, 1774.
THE ref Ivesproposed by this board to the inhabitants
of this city having been published and dispersed
through the town several days previous to this meeting,and
every person therebyfurnifoed with an opportunity of consi
dering them with due deliberation ; And as only afmall
proportion of the citizens attended the meeting at the coffee-,
house, tofignify their sense of the fame, and the fentimenH
of the majority fill remaining uncertain ; therefore, tee
remote all doubts and uneafnefs on that bead,, it is order
ed that certain amendments be made to said resolves, and
that two or more persons be appointed in each ward t?
tube the sense of the freeholders, freemen, and such others
as pay taxes, refpefling the said resolutions Jo amended;
as also of the delegates nominated by this Committee to at
tend the congress—But in the mean time, altho' the said
resolves cannot with certainty be said to correspond with
the feutiments of the major part of the citizens, tho' in aid
probability they do, yet, as they contain our Jentiments, it
is further ordered, that they be immediately publiJhed as
such, lea ning those who may dissent from us, to declare
their opinions in such other phrases or modes of expreffon Q
as they fall think proper.
Firji, Refolved,73af bis moji sacred Majesty George
the Ekird, King of Great-Britain, is our liege, lawful
and rightful Sovereign, and that it is our indifyeufable du
ty to the uttermoji of our podver, by all confitutionai
means to maintain and fapport his crown and dignity.—
That it is our greatef bappinefs and glory to have bee&
born Britif Jubjeiis ; and, that we wife nothing more,
than to live and die fab. That we are one people, con
veiled by the frongeft ties of affection, duty, and interef,
and that 4ve lament as the greatef misfortune, every of
currence Qbich has the leaf tendency t& alienate or di/lurb
that, mutual harmony and confidence which, if properly
cultivated, could not fail rendering the Britijb empire
the admiration and envy of all the world. 'Ehat w?