The Connecticut courant and Hartford weekly intelligencer — Hartford, Conn., 1774-07-26 00:00:00, page 1

[Remainder of the Afi for the better regulating the Go
vernment of the Province of Maffachufetts-B^, began
in our laf.]
AND it± hereby further enabled, That the said
Assistants or Counsellors, so to be appointed
as aforefaid, Shall hold their offices reipebtively, for
and during the pieafure of his Majesty, his heirs or
successors ; and Shall have and enjoy all the powers,
privileges, and immunities, at present held, exercis
ed, and enjoyed, by the Affidavits or Counfellors of
the said Province, constituted and elected, from
time to time', under the said Charter, (except as
herein-after excepted) and shall also, upon their ad
mission into the laid council, and before they enter
upon the execution of their office refpebtively, take
the oaths, and make, repeat, and fubfcribc, the de-.
clarations required, as well by the said Charter as by
any law or laws of the said province now in force,
to be taken by the Affidavits, or Counfellors, who
have been so elected and constituted as aforefaid.
And be it further enabled by theauthority afore
• said, That from and after the fird day of July, one
thousand seven hundred and seventy-sour, it shall
and may be lawful for°his Majesty's Governor, for
\ the time being of the said province, or, in his ab
^ fence, the Lieutenant Governor, to nominate and
"'appoint, under the seal of the province, from time
to time; and also to remove, without the consent of
the Council,all Judges of the Inferior courts of com-.
mon pleas, commissioners of Oyer and Terminer,
• .<he Attorney General, Provosts, Marshals, Judices
of the Peace, and other officers to the Council, or
courts of justice belonging ; and that all Judges of
the inferior courts of common pleas, commissioners
of Oyer and Terminer, the Attorney-General, Pro
yofts, Marshals, Justices of the Peace, and other of-,
ficers to the Council, or Courts of Justice belonging;
- and that all J-udges of the Inferior Courts of Com^
mor Pleas, Commissioners of Oyer and Terminer,
the Attorney-General, fro^b, Marshals, Justices,
and other Officers so appointed ?by ; the.Governor,
or, in his ~absence by thq Lieutenant- Governor,
shall and may have, hold, andexercife, their said
offices, powers, and authorities, as-fully and com
pletely, to all intents and purposes, as any Judges
of the inferior courts of common pleas, coramiffion-.
era of oyer and terminer, attorney general, provosts,
marshals, or other officers, have, drmight have done
heretofore, under the taid letters patent, in the third,
ye?r of the reign of their lato Majesties King Willi
am and Queen Mary,; any law, Statues, for usage,
to the contrary notwith^hnding.. .. :
Provided always, and be it enabled, That nothing
herein contained Sh'alf extend, or be construed to ex
tend; to annul or make Void the coihmiffion granted'
before the said fi/ft day of July, ond thousand seven.
hundred and seventy-sour, to any Judges of the in
ferior courts of common pleas,commiffioners of Oyer
and Terminer, the Attorney-General, Provosts,
Marshals, Justices of the Peace; , or other officers :
butthat they may hold and exercise the fame, as if
this aft had.never been made, until the fame shall
be determined by death, rem'dv'af by the Governor,
or other avoidance, as the case may happen.
And be it further enacted by theauthority afore-,
said, That from and after the laid hrft Day of July;
one thousand seven hundred arid* seventy-sour, it
flh.il nd may be lawful for his Majesty's Governor,
or in Iris absence- ,for theLieutenant-Governor for the
time being ofthe said province, from time to time;
tonominate and appoint the Sheriffs without con
font of the Council b and to remove such Sheriffs with
Inch consent, and not otherwise.
lAnd be- it further enacted by the authority afore
faid, That upon every vacancy of the offices of
Chief Justice, arid judges' of the Superior Court of
the said province, from and after the laid firit day of
July, ^nefhoufand seven hundred and seventy-sour,
the Governor for the time being, or, in his absence,
the Lieutenant-Governor,without the consent of the
Council; shall have full power and authority to no
raUUtOhd appoint the persons t@ Succeed t@ the
TUESDAY, July 26, 1774; T If E . [NUMBER 506.]
CONNECTICUT / ftah^ COURA N T,
AND HARTFORD
WEEKLY nfffI^ INTELLIGENCER d ,
Containing the Frelft AI)VICES, both I<)\JU : N^1)04.0, I?~.
Open to all PARTIES not under the influence of ANY.^
said offices, who shall hold their commissions during
the pieafure of his Majesty, his heirs and successors;
and that neither the Chief Justice and judges ap
pointed before the said firft day of July, one thoa
fand seven hundred and so enty-four, nor thole who
shall hereafter be appointed ^urfhantto this abt, Shall
be removed, unless by the order of his Majesty, his
heirs or successors, under his or their sign manual.
And whereas by an ad of the general court of the
said province, made in the fourth year of the reign
of their late Majesties King William and Qneen
Mary, intitled, “ An Aft for regulating of town
ships, choice of town officers, and fitting forth their
power," the freeholders and inhabitants of the fede
ral townships, rateable at twenty pounds estate, are
authorised to assemble together in the month of
March in every year, upon notice given by the con
stable, or such other, as the :ded men of the town
shall appoint, for theghoice bf felebt men,conftables,
and other officers, arid the freeholders and inhabi
tants are also impowered to make and agree, upon
such necessary Lutes,- orders, and bye-laws, for the
directing managing, and ordering the prudential
affairs; and to annex penalties for the non,bbferv
ance of the femej not exceeding twenty (hillings for
one offence ; provided'they be not repugnant to the
general laws of the said province.b .
And whereas a great,abufe lias been made of the
power of calling such meetings, and the inhabitants
have, contrary to th^ defjgtref their .institution^ been
'milled to trepg,upon n&^ fthe mod general con
cern, and to pass many dangerous and unwarrant
able resolves: For remedy whereof, be it enacted,
That from and after the said firit day of August,
'one thousand seven hundred andfeven-four,no town
meeting shall be called by the fekd-men, or at the
request of any Number of Freeholders, without the
leave, of the Governor, or, in his absence, of the
Lieutenant-Governor, in writing, expressing the
special business of the said meeting firft had and ob
tained, except the annual meeting in the month of
March, for the choice of fele^-men, constables, and
other officers, and also, except any meeting for the
eteaion of a representative or representatives in the
general-court r and that naother t matter shall be
treated of at such meetings, except the election of
their aforefaid oncers or representatives, nor at any
other meeting, except the business expressed in the
leave given by the Governor, or, in his absence, by
the Lieutenant-Governor* • -
And whereas the method at present used in the
province of Massachusetts-Bay, in America, of eleft
ing persons to serve on grand juries by the freehold
ers and inhabitants of the fevpral towns, affords oc
casion for many evibpradtices/ and tends to prevent
the free and impartial adiAinifti'ati of jullice : For
remedy whereof, be it further enabled by the autlio-'
rity aforefaid; that from arid after the refpeftive
tunes appointed, for the holding the general sessions
of the peace, in the feyeral counties within the said
province neM after the month of September, one;
thousand seven hundred and seventy-sour, jurors to
f#ve at the superior. court, of judicature, courts of
nffl'ze, gericratgoal delivery, general sessions, of the
peace, and inferior court of ,common pleas,, in the
several bounties' within the said province, shall not
be elected, nominated, or appointed, b^ the free
holders and inhabitants of the several towns within
the said refpe&iye counties, nor Summoned or return,..
ed by the conflables of the said town; but that from
thenceforth the jurors to serve at the superior courts
of judicature, courts of assize, general-goal delivery,
general sessions of the peace; arid inferior courts of
common-pleas, within the said province, shall be
summoned and returned by the ffieriffsof the respec
tive counties of the said province j and all writs or
Venire Facias, or other process or warrants' to be issu
ed for the return of jurors to serve at the said courts
shall be directed to the said counties refpedively;
any law, cußom, or usage, to the contrary notwith-
Ilanding.
Provided always, and be it further enabled by the
authority aforefaid, That wherever the fheriff of any
Towns, within the federal Counties of thef^id ,
Province, shall, at the General Sessions ofthe Peace,
to be holden for each County, next after the Month
of September in every Year, upon the First Day of
the said Sessions, return and deliver to the Justices
ofthe Peace; in Open Court, a true Lift, in e Writ
ing, of the Names and Places of Abode of all Per
sons within the refuedive Towps for Which they
Serve, or the Diftritts thereof, qualified to serve up
on Juries, withtheir Titles and Additions, between
the Age of One and Twenty Years, and the Age
'of Seventy Years ; which said Justices, or any Two
of them, at the said Sessions in the refpebtive Coun
ties, shall cause to be delivered a Duplicate of the
aforefaid Lifts by the Clerk of the Peace of every
County, to the Sheriffs or their Deputies, within
Ten Days after such Sessions ; and cause each of
said Lifts to be fairly enter ed infra serrate Book,
by the Clerk of the. Peace, to be by him provided,
county shall happen to ben party, or interested,or
related to any party or perfrin interested in any pro
secution or tint depending in any of the said courts,
that then, in such case, the writ of / enire Facias or
other process or warrant for the summoning and re
turn of a jury, for the trial of such prosecution or
suit, shall be directed to, and exited by, the corp--
ner of such county ; and in case such coroner Shall
be also a party, or interested in, or related to, any
party or person interested in such prosecution or Suit;
then the retire Facias, or other process or warrant,
for the Summoning and return of a jury for the trial
of such prosecution or suit Shall be directed to, and
Executed by, a proper and indefferent perlon, to be ;
appointed for that purpose by the court, wherein
such prosecution or suit Shall be depending..•,:/
, Arid that all Sheriffs may be the better 'informed^
of Persons qualified to serve on Juries at the Superi
or Courts of Judicature, Courts of Assize, General,
Goal Delivery, General Sessions of, the Peace, and
inferior Court of Common Pleas, within the faid'
Province ; be it further enabled by the Authority pg ,
fdrefaid, That the Constables of ''the refpe&ive; :
and kept for that Purpose amongst the Records of
the said Court ; and no Sheriff Shall - impannel or
return any Person or Persons to serve upon any
Grand Jury or Petit Jury whatfoeveh, hi any of the
said Courts that shall not be naihed-'or mentioned
in such Lifts refpedively■: And to-preverit a Failure
of Judice thro' the Negled of Constables, or to
make such Returns of Persons qualified to serve on
juries, as in and by this Abt is directed, the Clerks
of the Peace of the said Several Counties are hereby
required and commanded,Twenty Days at least next
before the Month of September yearly, arid every.
Ye^r, to issue forth Precepts or Warrants iindet their
refpebtive Hands and Seals, td the tfrefpeaive Con
stables of the Several Tow^s, within the said-respec
tive Counties, requiring t cm, and every of them,
to make such Return of Persons qualified to serve
upon Juries iris hereby re'fpebtively directed ; and
every Constable failing at any, Time'to make and
deliver such Return to the Justices in Open Court as
aforefaid, Shall forfeit and incur the Penalty of Five
Pounds Sterling to His Majesty and his SucceSTors,
to be recovered by Bill, Plaint, or Information, to
be prosecuted in any of the Courts aforefaid , and
in Order that the Constables maybe the better ena
bled to make complete Lifts of all Persons qualified
to serve on Juries, the? Constables of :he .Several
Towns Shall have free Liberty, at all seasonable
Times, upon Request by them made to any Officer
or Officers, who shall have in his or their Custody
any. Book or Account of. Rates or Taxes on the
Freeholders or Inhabitants within such refpebtive
Towns, to infped the fame, and take from thence
the Names of such Persons qualified to serve on Ju
ries, dwelling within the refpebtive Towns for which
such Lifts are to be given in and returned pursuant
to this Aa, and shall, in the Month of September
yearly, and every Year, upon Two or mere Sundays,
fix upon the Door of the Church, Chapel, and eve
ry other public Place of religious Woffhip, within
their refpe&ive Precincts, a true and exaft Lift of if