Litchfield enquirer., 1856-08-21

by the court when It shall be the duty of the court to hear the allegations and explanations of the par ties and the evidence of witnesses and to examine both parties and witnesses under oath to inform the parties of their respective rights to that no due advantage is obtained by either party from the ignorance or incapacity of the other and said court of difference between the parties T -f.s s.. SEC. 9. The parties and the witnesses in any case shall be the only persons allowed to participate take part in the trial of such case before said except when an infant a woman is party to a proceeding controversy, in which case such infant woman may be attended and assisted, the former by guardian, and the latter by her husband but if there be neither guardian nor husband, then by some friend approved by the court. -.
 SEC TO- Parties may voluntarily appear before the court of conciliation without notice and such appearance shall be etfectual if notice cta- tion above described, had been previously served and the hearing trial shall proceed accordingly. SEC. II If a reconciliation or settlement of the claim in dispute be had, memorandum thereof stat ing the nature of the controversy alleged cause of action the appearance attendance of the parties and the fact of the reconciliation settlement, and the terms thereof must be entered in the book of cords of the court, and such entry must be signed by the respective parties.
 SEC. F. If the parties agree to judgment in favor of against the other in settlement of their differences the court may make at the foot of the entry of reconciliation. memorandum stating the judgment agreed upon which shall have the ef- feet a judgment without such agreement, and like the latter, may be enforced in the same manner as the judgment of any other court.
 SEC. l3. If instead of reconciliation settle ment the terms of which arranged agreed upon by the parties, they voluntarily submit their matters in difference to the court and agree to abide the ju gment of the court assent thereto in the presence of the court, such submission and agree mcnt assent, must be entered in the book of cords of the court and be signed by the respective parties; and thcrcupon the judgment of the court made pursuant to such submission, shall have the
 
 the judgment mentioned in section twelve of this act.
 SEC. l4. The records of the court of conclation shall contain, in summary manner, the d"ings of the court the nature of each charge preferred the names If the parties the notice given, and the proof of the service thereof and the appearance failure to appear of both the parties, the case may be. and the terms of reconciliation, of the judgment rendered and it shall be the duty of the justice acting clerk to give transcript ot the record in any case, certified by him, to either party on request
 SEC, 15 Any party failing to appear before said court in any controversy, cannot recover costs and when final judgment shall have been rendered by said court in any case, execution may forthwith be issued, unless an appeal be made to the superior court, to be held in the county where such judgment was rendered within ten days from the rendering of said courts shall take a penal bond with securities from the parties so appealing, conditioned that such appeal sha prosecuted Ut the the next session of the said superisr court and that unless more fla vorable judgment shall be obtained by the appellant in the superior court the appellant shall pay all costs of such appeal and the court may at its discretion allow double costs to the appelier.
 There shall be no right of appeal where the claim or value Of the property in controversy does not ceed twenty-five dollars and any admission by either party before court of concation, shall not in of appeal be received evidence in the higher court SEC 6 Service of notice or of any citation afore said, duly made on any party, not permanent resi- dent in this State, shall he good and valid. the fhar ruiV s.l.,,f lt.S Stafa
 SEC IT, Such portions of any towns in this State us are included within the limits duly incorporated, are hereby exempted from tEe operation of this act.
 SIC 1s This act shall not take effect until the first day of A. D. and on and after that date shall be and remain in full force and virtue
 SEC lo All acts or parts of acts inconsistent herewith are hereby repealed.
 An Act to encourage the improvement of Water Power in this State.
 Be it enacted hy the Senate and House of Represen tativcs in General Assembly convened SEC. l. Where any person or number of persons or corporation hts set up or established, or shall hereafter set up establish any waterpower, ml or manufactory. upon his their land or upon lands leased by him them. he they may coutin ue and improve the pond, stream water privilege. and keep up his their dam thereon upon the terms and conditions and subject to the regulations here matter expressed
 l SIC. 2 No such dam shall he erected or main- tained to the injury of any mill site, which mill shaii nave been erected ant used within fifteen years from the time of erecting such dam.
 1 SEC. 3. Before any such darn shal, be erected as to cause the water to overflow tho lands of other persous or corporations the parties erecting the shall cause the land to be overtown to be accu- rately surveyed and plot thereof deposited with the town clerk in each town where said land is situated and he or they shall notify the owners of said and so to be overtown that said survey is prepared and deposited aforesaid and if after the expiration of sixty days from the time of depositing said survey and the giving said notice, the parties cannot agree upon the damages to be sustained by the owner ur owners of said land. to be overown aforesaid, then the parties erecting desiring to erect saiu dam may bring their petition to the superior court, setting out the facts and praying said court to asess to either the damages which will be sustained by the other party, or to appoint Committee to as the same, and when s,id da,nages by the court or by committee. and the report of the committee accepted by the court if the respondents refuse or neglect to receive the amount assessed, the peti toner shall deposit the with the clerk of the Court fr the and to the order of the respondent and shall then the decree of the court to be recorded in the town where the land lies whereupen 1t shall be lawful for the petitioner ogo forward and | erect and maintain such dam and to oveftaw such
 lands as shall have been fully described by said sur vey and said petition; and the respondents, their helrs executors, administrator and assignor. shall forever thereafter be barred from having or main tanning any action for the recovery of damages for the use and occupation of said lands embraced in said survey, or any action of trespass eiectment thereon or therefor, in any court in this Sate and the proceedings in said petition If regular in form shall be a full and sufficient answer to any action which shall thereafter be brought by the parties or their representatives, to said petition concerning the lands embraced in said survey in aIy court in this State. #
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