Litchfield enquirer., 1837-06-29
L0WD of Connecticut. PASSED HAY SESSION, 1887.
An Act to abolish Imprisonment. for Debt.

PASSED HAY SESSION, 1887.
 An Act to abolish Imprisonment for Debt.
 SEC. 1. Be i enacted by the Senate and House o Representatives tn General Assembly cOnUened, Tha no person or persons shall be arrested, held ball. imprisoned, on any civil process in any suit, action proceeding whether the same be mesne or final pro cess and by writ execution or otherwise, issued or in suted to bc issued instituted for the recovery any money due, or to bo due upon any Judgment oI decree, either at law. or in chancery founded upon contract, due or to be due upon any contract ex press implied, for the recovery of any dalnage. for the breach or non-psrformance of any contract any law, custom oE usage to tho contrary noewilh SEc. 3. The preceding section shall not extend tc any person who shall not have been resident of this State for at least three months next preceding the commencement of suit against hm; nor to proceed ings as for conempts to enforce civil remedies; nor to actions for fines or penalties promises to mar ry for monies collected by any public officer, for any misconduct or neglect in office, in any profes- eonal employment, or where execution issues on judgment Tn which the defendant is convicted ot a wlul and malicious trespass, and the said conviction IS So certlhe9 by the court trying the same.
 SEC. 5. In all cases where, by the preceding pro visions ot ths Act defendant cannot be arrested or imprisoned, shall be lawful for the plaintiff com mencing, or who shall have commenced suit against such defendant, or who shall have obtained judg- ment decree against him. in any court of record to apply to the authority issuing the writ, or to any judge of the court in which such suit is brought, for war; rant to arrest the defendant in such suit.
 SEC. 4. No ouch warrant shal issue unless satls- factory evidence be adduced to such authority, or judge, by the affidavit of the plaintiff or ot some other person persons, that there IS debt or demand due to tho plaintiff from the defendant, amounting to more than five dollars, and specifying the nature and amount thereo as near as may be, tor winch the de- fendant according to the provisions ot hs Act, cannot be arrested or imprisoned and establishing one or more of the following particulars: :. lst That the defendant is about to remove any of his property out of this State. with intent to detraud sd. That the defendant has property, or rights in action which he fraudulenty conceals or that he has rights in acton or some interest in any public or cor unjusty refuses to apply to the payment of any iudg ment or decree which shall have been rendered against him. belonging to the complainant, or of any claim for debt or damages arising from contract ex- press or implied, belonging to the plaintiff, or
 3d. That he has assigned, removed or disposed of, or IS about to dispose of any of his property with the intent to defaud his credtors 4h, that the deen- dant fraudulenty contracted the debt incurred the obligation, respecting which such suit is brought or State. sEc. $ Upon such proof being made to the satis- faction ot the authority or judge to whom the appca- ton shall be addressed, he shall issue warrant, in behalf of the creditor directed to any Sheriff Sher- nfs Deputy, within the county or to any Constable or Constabes o any town towns in this State, therein briefly setting forth the complaint, and commanding the officer to whom the same shall be directed ar rest the person named in such warrant and bring him oetore tore such @ authority orjudge without delay
 
 delivered, shall execute the same by arrestng the per son named therein, and bringing him before the au- tnoty or judge issuing such warrant and shall keep him in custody until he shall be duly discharged or committed as hereinafter provided. SEC T. On the appearance of the person so arrest ed' before the authority orudge issuing such warrant, on which such warrant issued and may at his option, verify hls allegations by his own affidavit; and in, case of his so verifying the same, the complainant may examine such defendant on oath, touching any tho Il, answers ot the defendant on such examination shall be reduced to writing and subscribed by him; and the authority or judge conducting such inquiry shall also receive such other proo the parties may offer, either at the time of such first appearance, at such other time as such hearing shall be adjourned to- and m case of an adjournment such authority or judge may take recognlzance, with surety at his discretion ed hearing.
 SEC g. If such authority or judge is satisfied that an 3 So .ndsn s as Gns s o one of the acts specified in the fourth section of this act, he shall by commitment unde his hand direct county in which such hearing sSa be had o be there deainedunt he shall be discharged according to law and such defendant shal be committed and detained SEC. g. Such commitment shall not be granted, i the defendant shall either first pay the debt or demand claimed, with costs of the suit and of the proceeding against him or 2d. give security to the satisfaction the authority or udge before whom the hearing shal be had that tAe debt or demand of the plaintiff witt costs of the suit and proceedings aforesaid, shall be paid within sixty days with interest; or 3d, if such de- fendant shall give bond to such plaintiff with surety tc tho satisfaction of such authority conditioned that he will not remove any of his property which he then has out of this State, with the intent to defraud his creditors and that he will not sell or assign the same with such intent until such debt be satisfied, or until sixty days after final judgment
 SEC. ID. That the provisions of this act shall not Do 50 construed to affec. in any manner any pro cess, mesne final, issued or to be issued on any cause of action debt demand, judgment or decree existing on or before the 4th day of July, 1887. 4 STrLLMAN K. WIaHTMAN,
 Speaker of the House of Representatives
 EBEvEzER SroDpARD, President of the Senate.
 Approved, June 10, 1887.
 HENRY w. EDWARDS.
 An Act relating to Joint Stock corporations.
 SEc. 1. Be t enacted by the Senate and House O Representatives n General Assembly convened That al corporations organized and established under the pro visions of this act, shall be capable sue and be sued plead and be impleaded answer and be answered un to. appear and prosecute to final judgment, in any court or elsewhere to have common seal, and tho same to alter at pleasure, to elect in such manner al they shall determine, all necessary officers; to fl, their compensations and define their duties; to or dain and establish bylaws for the government an, regulation of their affairs, and the same to alter an repeal, and to employ all such agents mechanics, ant other laborers, as they shall think proper