Litchfield enquirer., 1856-08-21
Proposed Laws.

Proposed Laws. @a
 Thr following bills for public nets, viz: "An act in afiition to an act relating to Courts and also An act to encourage the improvement of Water POwer in this State, continued to the next sion Of the General Assembly, and ordered to be printed with the laws If the present session.
 N D. SHERRY, Secretary of State
 An act in addition to an act relating to Courts. I;e it enacted by the Senate and House of Repre- sentatives in General Assembly convened:
 Snc. l. The three justices of the peace whose first the list Of justices of the peace, in each town in this statc and it shall be their duty to hold courts at such times they may deem pruper and the business before them may require, Co b~ called Courts of Consolidation, which courts to b. held In suitable room or building to be pro- vided and kept in proper condition in each of the towns of this state. at the expense of said towns and the said three justices shall when first assembled in any town, after their appointment or election, choose of their number to act as first or prcsid ing justice and another of their number to act as clcrk whose duty it sha be to keep record of the doings of the court in book to be provided by each town and kept for the purpose. The list of justices of the peace In each shall be made to give the the relative positions as they pied upon the tickets or ballots with which they were elected. Aud any more of said justices Whose names the list shall decline to in the capacity provided by this act then the justice justices next said list shall in the place of
 
 SEc : The court thus constituted in each town shall have csnixsnce of all causes by Law cogniza be by justices of the peace in civil by the act eatitlcd '' An act relating to Courts Chapter Sth, of Justices of the Peace, sections G9 and 70 ;- iTovidc that said court sh Ill not be limited to any cnfeSsion of debt, frum debtor to his creditor, provided in section 70; and provided, both of tho pIrtics live within the limits of the town where said court Is constituted.
 Src 2. Any person or parties claiming to have cause oi action against any other person plrties cf the ntture above mentioned, shall make affidavit
 foFe justice of the court reconciiation setting firth the nature of the claim offence, and shall make cath before said justice if required by him, that the allc ,tions thus set forth true to the bess of his knowledge and beiicf, wlereupon said Justice shall issue citation written notice, to be served upon tic adverse party parties. describing the ailcgei c.ase of action and requiring said ad party to appear and answer in relation thereto tctarc the cuurt oi concaton of which said justice is a nymbcr, st q specified time, not less than five days frum tho time of service, and not more than ten dsys unless in the opinion of the sail justice time shall reasonably be required for the ad verse party C., appear.
 spc 1. If such adverse party shall fail to appear at the time and place specified in the notice duly scfvsi on sud party. judgment shall be rendered against said adverse party by default provided that if the cause of action involves question of real tate pf q claim exceeding hundred dollars In val then the time for the appearance of the defendant adverse party to answer shall notbe less than ten days from the day the notice s served and it the ssd adverse party Is absent at distance from his usual residence. the justice shall gTe reasonable time fr his return. Provided also, that Ii 1t shall ap?rar in the opinion of said justice, that any per against whom claim is preerred, is about leav ing for distant parts with no intention of turning. then said justice may issue his citation fur that pcrsen to appear forthwith. on the serving of the notice and the said justice may assemble the cuurt and proceed at once to trial, may require cf the sad person penal bond for his appearance tsfcre said court at certain day, at the discretion of said justice of said court
 SEC. 5. IL, in any case brought before . court of cunciliation, the party complaining shall fall to make good his claim for loss injury. as not to justify decision in his favor, the said party shall pay all costs o the court and such further costs and expenses incurred by the defendants as the court shall dccm to bc just and proper ; and it shall be the duty of the said court or any member thereof when complaint is entered before them to require of the party complaining penal bond adequate to the securing of such costs and expenses if in their judgment such bond is necessary. All notices
 citations to adverse parties shall be served and the return of such service shall be made in the same by law prescribed in trials before jus Gces of the peace.
 snr. G. Any justice of any court of conciliation shall have power to summon witnesses and compel their attendance before Said court or they may be summoned by subpoena signei by any other justice cf the peace, which sabpGnas shall be served, and the return made in the usual manner. The mem. bers of said court shall receive each two dollars per day when duty. and ten cents per mile for con- veyance to and from their place of meeting. The fees for witnesses and for the service of citations and snlpmnas. and for levying executions. and for all other services connected with said courts except above stated shall be the same allowed by law fcr similar services in trials before justices of the peace.
 Sac :. No justice of any court of conciliation shall act or preside at the hearing of any case, in which he Is has been in any way employed or in terested directly indrectly or has expressed an opinion upon and in any any justice is disqua ihcd unable te attend the hearing of any case the next jusce of the peace the list of justices of the pence for the town where said court is constituted whose services bs ohtine, shal act in the hear ng of such and the judgment of the court aore sud Prwad. that any justice thus disqualified, may ct h any matter brought before said court if tho parties shall. by their agreement in. writing tered upon the record, and signed Ly the parties, consent thereso. Psdd also that the Justices act ing clerk. nay alone in conjunction with either ofthe oth<r nenben of aid court adjudicate in any , case both parties shall. by their agreement in writInGienteged upon the record and signed by the court thus qsljtufed ahall have the tame force as fhe lndgment U full court Whom the court is conspcssd Of two justices only, as in the last case,