reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 909 - Arbitration Proceedings › Section 52-415. - Arbitrators may ask advice of courts.

At any time during an arbitration, upon request of all the parties to the arbitration, the arbitrators or an umpire shall make application to any designated court, or to any designated judge, for a decision on any question arising in the course of the hearing, provided such parties shall agree in writing that the decision of such court or judge shall be final as to the question determined and that it shall bind the arbitrators in rendering their award. An application under this section may be heard in the manner provided by law for the hearing of written motions at a short calendar session, or otherwise as the court or judge may direct.
(1949 Rev., S. 8158.)
Cited. 163 C. 327; 189 C. 16. Language of statute militates against availability of any appellate review. 197 C. 26. Cited. 199 C. 618; 208 C. 411; 218 C. 646; 223 C. 761.
Cited. 1 CA 207; 5 CA 61; 16 CA 711; 28 CA 270; Id., 337.
Cited. 17 CS 427. Court dismissed application where advice on issue of insurance coverage was tantamount to using a declaratory form of action. 25 CS 504.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 909 - Arbitration Proceedings › Section 52-419. - Modification or correction of award.

(a) Upon the application of any party to an arbitration, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated, or, when the court is not in session, any judge thereof, shall make an order modifying or correcting the award if it finds any of the following defects: (1) If there has been an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award; (2) if the arbitrators have awarded upon a matter not submitted to them unless it is a matter not affecting the merits of the decision upon the matters submitted; or (3) if the award is imperfect in matter of form not affecting the merits of the controversy.
(b) The order shall modify and correct the award, so as to effect the intent thereof and promote justice between the parties.
(1949 Rev., S. 8162; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 158.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 rephrased the section, inserted Subsec. indicators and replaced alphabetic Subdiv. indicators with numeric indicators.
Does not empower court to make a correction which affects the merits of the controversy. 136 C. 205. Cited. 141 C. 606; 146 C. 17. Addition by court of “no” as answer to submitted question, where award was denied, was allowed. 151 C. 650. Cited. 160 C. 411; 163 C. 327; 167 C. 315; 176 C. 401; 178 C. 557; 179 C. 678; 183 C. 579; 189 C. 560; 190 C. 14; Id., 707; 196 C. 623; 197 C. 26; 200 C. 376; 206 C. 113; 208 C. 352; 209 C. 280; 212 C. 83; 216 C. 612; 217 C. 110; 218 C. 646; 224 C. 758; 234 C. 123; 239 C. 32.
Cited. 2 CA 346; 4 CA 577; 16 CA 711; 17 CA 280; 29 CA 484; 30 CA 157; 33 CA 1; 34 CA 27; 35 CA 338; Id., 638; 39 CA 122; 44 CA 415; 45 CA 769.
Cited. 15 CS 120; 16 CS 137; 18 CS 237; 20 CS 97; 29 CS 25; 42 CS 336; 45 CS 130.
Subsec. (a):
Does not apply to voluntary arbitration where there has been no evident material miscalculation of figures or evident material mistake in description of any thing or property referred to in the award. 93 CA 704.
Subdiv. (1): No modification of award is warranted where claimed miscalculation, due to failure of arbitrators to make award payable over a period of time, is not evident from the face of the award. 52 CS 295.
Subsec. (c):
Although it is true that statute authorizes correction of an award by Superior Court, correction is made only on the timely application of a party to the arbitration. 149 C. 687.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 909 - Arbitration Proceedings › Section 52-421. - Record to be filed with clerk of court. Effect and enforcement of judgment or decree.

(a) Any party applying for an order confirming, modifying or correcting an award shall, at the time the order is filed with the clerk for the entry of judgment thereon, file the following papers with the clerk: (1) The agreement to arbitrate, (2) the selection or appointment, if any, of an additional or substitute arbitrator or an umpire, (3) any written agreement requiring the reference of any question as provided in section 52-415, (4) each written extension of the time, if any, within which to make the award, (5) the award, (6) each notice and other paper used upon an application to confirm, modify or correct the award, and (7) a copy of each order of the court upon such an application.
(b) The judgment or decree confirming, modifying or correcting an award shall be docketed as if it were rendered in a civil action. The judgment or decree so entered shall have the same force and effect in all respects as, and be subject to all the provisions of law relating to, a judgment or decree in a civil action; and it may be enforced as if it had been rendered in a civil action in the court in which it is entered. When the award requires the performance of any other act than the payment of money, the court or judge entering the judgment or decree may direct the enforcement thereof in the manner provided by law for the enforcement of equitable decrees.
(1949 Rev., S. 8164; P.A. 82-160, S. 160.)
History: P.A. 82-160 rephrased the section, inserted Subsec. indicators and replaced alphabetic Subdiv. indicators with numeric indicators.
Cited. 155 C. 278. Final judgment by arbitrators as to employment discrimination bars action under Sec. 31-126 (52-421). 163 C. 309. Cited. Id., 316; 176 C. 401; 206 C. 113; 208 C. 352; 222 C. 480.
Cited. 4 CA 577; 33 CA 1. There is no requirement in Subsec. (b) that the court, in confirming an award, specify manner of payment. 120 CA 117. A judgment confirming an arbitration award has same force and effect as a judgment in a civil action, and an award of postjudgment interest under Sec. 37-3a is proper, provided it is calculated as of the date the judgment was confirmed by the trial court and payable and not the date of the arbitrator's award. 154 CA 196.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 909 - Arbitration Proceedings › Section 52-422. - Order pendente lite.

At any time before an award is rendered pursuant to an arbitration under this chapter, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated or, when said court is not in session, any judge thereof, upon application of any party to the arbitration, may make forthwith such order or decree, issue such process and direct such proceedings as may be necessary to protect the rights of the parties pending the rendering of the award and to secure the satisfaction thereof when rendered and confirmed.
(1949 Rev., S. 8165; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted “judicial district” for “county”.
Cited. 140 C. 446. Order entered pursuant to section temporarily reinstating plaintiff was immediately appealable as a final judgment. 228 C. 106. Cited. 232 C. 175; 233 C. 370. Although court had subject matter jurisdiction over an arbitration dispute because an award had not yet been rendered and the allegation was that injunctive relief was necessary to protect rights pending the rendering of the award, in this case concerning matters reserved to arbitration, there was no basis on which to conclude that injunctive relief sought by plaintiff was essential or indispensable to safeguard rights. 271 C. 329.
A motion to dismiss predicated upon the absence of standing is not a proceeding that must comply with section because a motion to dismiss is not a pendente lite proceeding. 162 CA 430. Requirements set forth in Sec. 52-278j are inapplicable to proceedings under this section. 204 CA 471. Regardless of whether the arbitration had not yet begun or had already concluded, no pending arbitration existed at the time the petition for order pendente lite was filed and thus, court lacked jurisdiction to consider plaintiff's petition. 210 CA 788.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 909 - Arbitration Proceedings › Section 52-423. - Appeal.

An appeal may be taken from an order confirming, vacating, modifying or correcting an award, or from a judgment or decree upon an award, as in ordinary civil actions.
(1949 Rev., S. 8166.)
Cited. 197 C. 26; 200 C. 91; Id., 376; 201 C. 50; 206 C. 113; 208 C. 352; 223 C. 761. Defendant may not appeal trial court's order to remand case to arbitration panel because court did not vacate award and hence order does not constitute appealable final judgment under section, nor does order meet Curcio test for appeal of an interlocutory order. 271 C. 474.
Section has been recognized as authoritative source of law concerning appellate jurisdiction to consider the merits of arbitration appeals. 66 CA 202.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 909 - Arbitration Proceedings › Section 52-424. - Reference of pending actions to arbitration.

When the parties to any action pending in court desire to refer it to arbitration, each may choose one arbitrator and the court may appoint a third; and the award of such arbitrators, returned to and accepted by the court, shall be final, and judgment shall be rendered pursuant thereto and execution granted thereon with costs.
(1949 Rev., S. 8167.)
It is a waiver of objections going to the personal disability of plaintiff to sue. 2 R. 429. Whether the disqualifications of judges apply to such arbitrators, quaere. 14 C. 29. Such submission does not put an end to the action. 21 C. 537.
Cited. 38 CA 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-426. - Compensation of committee and stenographer.

When any civil action is pending in the Superior Court and has been ordered by the court to be tried before a committee appointed by the court, without a motion or written request for such committee, and no provision is made by law for the expense of such committee, the judge shall tax and allow for the services of the committee a reasonable fee, not exceeding forty dollars per day, and, when required, for the services of a stenographer and for a transcript furnished to the committee, the same rate as is allowed by law to the official court reporter. Such amounts when so taxed, shall be paid by the clerk of the court to which the action is made returnable in the same manner as other court expenses.
(1949 Rev., S. 8169; 1959, P.A. 168; P.A. 76-436, S. 407, 681; P.A. 82-160, S. 162.)
History: 1959 act doubled fee for services of committee; P.A. 76-436 removed actions “brought to the court of common pleas and referred to a committee upon written stipulation of the parties or their attorneys” from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-427. - Auditors or committee may be appointed when court not in session.

Any judge of the Superior Court may, when the court is not in session, in any action pending before the court in which a reference is proper, upon the written application of either party, with notice of at least six days to the opposite party, appoint auditors or a committee in the action. Upon making the appointment, the judge shall immediately certify the appointment to the clerk of the court.
(1949 Rev., S. 8170; 1959, P.A. 28, S. 126; 1967, P.A. 656, S. 47; P.A. 74-183, S. 106, 291; P.A. 76-436, S. 495, 681; P.A. 82-160, S. 163.)
History: 1959 act substituted circuit court for municipal court; 1967 act substituted “when the court is not sitting” for “in vacation”; P.A. 74-183 removed circuit court judges from purview of section, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 removed judges of common pleas court from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-428. - Auditors in actions involving matters of accounting.

When in any action it is necessary, by reason of its being brought upon a bond with conditions, or of any special plea or claim of set-off, to settle any matter which might be the subject of an action for an accounting, the court may appoint one or more auditors to adjust and settle such matter and report their award to the court; but any other issue joined in such action shall be heard and decided as in other cases.
(1949 Rev., S. 8171; 1959, P.A. 28, S. 127.)
History: 1959 act deleted exception for actions before justices of the peace.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-429. - Powers of auditors and committees over witnesses.

Auditors and committees appointed by any court, while engaged in the trial of the cases which they are appointed to hear, shall have the same power and authority over witnesses as the appointing court and may commit any such witness for contempt for not more than thirty days.
(1949 Rev., S. 8172; 1961, P.A. 517, S. 48.)
History: 1961 act deleted obsolete provision granting same power and authority over witnesses and to commit for contempt as justices of the peace have and substituted appointing court and commitment for not more than 30 days.
See Sec. 51-33 re penalties for contempt of court.
Cited. 222 C. 799.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-430. - Filling of auditor or committee vacancies when court not in session.

If any auditor, committee or member of a committee, appointed by any court, dies or declines or is unable to act, at any time when the court is not in session, the parties, or their attorneys, may agree in writing to the appointment of any person to act in his place. If they cannot agree, any judge of the court, upon application of either party and reasonable notice to the other, may fill the vacancy. Upon the filing of the agreement signed by the parties or the appointment signed by the judge with the clerk of the court, the appointment of the person therein designated shall be as effectual as if made by the court.
(1949 Rev., S. 8173; P.A. 82-160, S. 164.)
History: P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-431. - Recommittal of incomplete report.

When a finding of facts made and returned to any court by an auditor or a committee, in the judgment of the court or of the Supreme Court, is incomplete or insufficient, the court may thereupon, unless objection is made by all the parties to the action, recommit the cause of action and the report to the same auditor or committee to complete and perfect the report and to return it to the court for acceptance.
(1949 Rev., S. 8174; P.A. 82-160, S. 165.)
History: P.A. 82-160 made minor changes in wording.
Where material facts not found, motion to recommit is proper; 87 C. 70; but should not ordinarily be recommitted to find facts necessary to present rulings of committee; 85 C. 237; and, if all facts found, court may correct account without recommitting. 86 C. 199; 87 C. 241. Where report omits facts necessary to present claims of law, proper course is to remonstrate and ask recommittal; 91 C. 198; so, where facts involved in rulings on evidence are omitted. 92 C. 193; 95 C. 337; Id., 538.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-432. - Judge not to be auditor or committee.

No judge whose salary is paid by the state may be appointed as an auditor or committee in any civil action.
(1949 Rev., S. 8175; P.A. 82-160, S. 166.)
History: P.A. 82-160 substituted “may” for “shall”.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-433. - Auditor or committee appointed judge may finish case.

Any auditor or committee who is appointed judge of any court shall complete his duties as such auditor or committee in the same manner and with the same effect as if he had not been so appointed.
(1949 Rev., S. 8176.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-434b. - Referrals to senior judges; their powers and compensation.

(a) In each case, matter or proceeding which may be referred to a state referee or a committee of three state referees, or to a committee of one, or to a committee of three, or to an auditor, the Chief Court Administrator may refer the same to any senior judge or to a committee of three consisting of one or more constitutional state referees and one or more such senior judges, who shall have the powers of the referring court, the provisions of any general statute or special act to the contrary notwithstanding.
(b) In each case, matter or proceeding where a state referee may by law perform any action or any services of any kind without a specific reference to him, any senior judge shall have and exercise the power and authority of such a state referee prescribed by law.
(c) Each such senior judge shall receive for his services in respect to any matter referred to him or handled by him under the provisions of this section or for performing duties assigned by the Chief Court Administrator, in addition to his retirement salary the compensation provided by law for a state referee.
(P.A. 74-309, S. 7, 17; P.A. 76-436, S. 10a, 497, 681; P.A. 84-37, S. 2, 3.)
History: P.A. 76-436 made no change, Sec. 10a cancelling amendment called for by Sec. 497 of the act; P.A. 84-37 amended Subsec. (c) to permit compensation for performing duties assigned by the chief court administrator.
Cited. 21 CA 359; 31 CA 723.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-434c. - Certain referees assigned to Appellate Court. Eligibility. Powers and jurisdiction.

In addition to the powers and jurisdiction granted to state referees under sections 52-434 and 52-434a, a Chief Justice or a judge of the Supreme Court or Appellate Court, who has ceased to hold office as justice or judge because of having retired and who has become a state referee, may be designated by the Chief Justice of the Supreme Court to be eligible to be assigned by the Chief Judge of the Appellate Court to perform such duties of the office of judge of the Appellate Court as may be requested by the Chief Judge. The Chief Judge may assign no more than one state referee to sit on any one panel. No such designation may be for a term of more than one year. In performing the duties assigned, such retired Chief Justice or retired judge of the Supreme Court or Appellate Court shall exercise the same powers and jurisdiction as does a judge of the Superior Court who is qualified to serve as a judge on the Appellate Court.
(P.A. 95-80, S. 1, 3; P.A. 97-178, S. 3.)
History: P.A. 95-80 effective May 31, 1995; P.A. 97-178 eliminated requirement for prior written consent of parties or attorneys before referral of appeal to panel with state referee.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 910 - Committees, Auditors and Referees › Section 52-434d. - Special education administrative contested cases pilot program.

Section 52-434d is repealed, effective October 1, 2014.
(P.A. 00-204, S. 6, 13; P.A. 01-173, S. 47, 67; P.A. 14-207, S. 17.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 911 - Paternity Proceedings (See Chapter 815y) › Section 52-435. - Bastardy complaint by mother.

Section 52-435 is repealed.
(1949 Rev., S. 8178, 8321; 1951, S. 3208d; 1959, P.A. 28, S. 128; 639, S. 3; 1963, P.A. 602, S. 1; February, 1965, P.A. 406, S. 8.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 911 - Paternity Proceedings (See Chapter 815y) › Section 52-439. - Withdrawal, dismissal or settlement of case, consent.

Section 52-439 is repealed.
(1949 Rev., S. 8181; 1957, P.A. 462, S. 2; 1959, P.A. 639, S. 4; 1963, P.A. 602, S. 3; February, 1965, P.A. 406, S. 8.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 911 - Paternity Proceedings (See Chapter 815y) › Section 52-440. - When state or town may maintain suit.

Section 52-440 is repealed.
(1949 Rev., S. 8182; 1957, P.A. 462, S. 3; February, 1965, P.A. 406, S. 8.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 911 - Paternity Proceedings (See Chapter 815y) › Section 52-441. - Suit may be compromised by Welfare Commissioner or selectmen.

Section 52-441 is repealed.
(1949 Rev., S. 8183; 1957, P.A. 462, S. 4; February, 1965, P.A. 406, S. 8.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 912 - Flowage Petitions › Section 52-447. - Petition to be heard by committee, unless parties agree.

The petition, unless the parties thereto agree upon the judgment rendered thereon, shall be heard and decided by a committee of three disinterested property owners of the judicial district to be appointed by the court; and, if such committee is of the opinion that the flowing or taking of such land in the manner proposed will be of public use, it shall establish the height to which any such dam may be built and the water raised thereby, and the length of time or period during which the same may be kept up in each year thereafter, or the dimensions and location of any such discharge-ditches, aqueducts, watercourses or raceways, as the same may be built or improved; and shall assess the sum to be paid by the petitioner to the respondent for the right thus to overflow or take his land in the manner established in its report. In estimating the damage, such committee shall take into account any damage occasioned to any other land of the respondent, as well as to that overflowed or taken, and shall report its doings to such court, which shall add fifty per cent to the damages so assessed, as the sum to be paid for such right so to flow, take or injure such land.
(1949 Rev., S. 8189; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted “judicial district” for “county”.
Certainty in report. 34 C. 86. Committee need not fix the height at precisely that asked for. 33 C. 552. Flowage law recognizes mills and manufacturing establishments as being for public use. 41 C. 91. Distinction as to taxation between land taken for profit and for a town water supply. 44 C. 371. Petitions are to be served by citation, as were bills in equity before the practice act. 49 C. 348. Evidence that petitioners are pecuniarily unable to avail themselves of the right sought is inadmissible. Id., 349. Specific issue held not to involve effect of flowage upon the public health. 52 C. 459. Statutes authorizing the taking or flowage of land by compulsory process should be strictly construed. 65 C. 323. Whether a law empowering riparian owners to create ice ponds on the land of others, against their will, can be supported, quaere. Id., 234. Cited. 69 C. 435.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 912 - Flowage Petitions › Section 52-448. - Not to interfere with existing dams or millsites.

No such dam shall be erected, or watercourse made or altered, to the injury of any mill lawfully existing on such watercourse, or on the stream upon which such dam is to be erected, or from or into which such watercourse flows, or to the injury of any millsite on the same on which a mill or milldam has been lawfully erected and used, unless the right to maintain a mill on such last-mentioned site has been lost or defeated by abandonment or otherwise.
(1949 Rev., S. 8190.)
This protects waterpower near a mill, held by the mill owner with the intention at some future time to use it for the mill; 35 C. 496; 36 C. 310; although purchased with the knowledge that the petitioner was negotiating for the right to flow it. Id., 319. An abandoned millsite may be flowed. 35 C. 159. Setting up small mills, simply to protect the privilege from condemnation, and of no practical use, will be of no avail. Id., 513. A mill is a “lawfully existing” one, notwithstanding the dam may be a little higher than it should be, whereby land of the petitioner is overflowed. 40 C. 43. Continuance of intent to build on millsite is a question of fact. 49 C. 350. The question of the existence of and injury to a millsite and dam is one of fact. 52 C. 462. Cited. 92 C. 221.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 912 - Flowage Petitions › Section 52-449. - Procedure upon report of committee. New inquiry by court.

Any person interested in the report of the committee may object to its acceptance for any irregularity or improper conduct, but, if accepted, it shall be final and conclusive except upon the question of damages. The court may set aside the report for any cause which may appear to it reasonable and, if required, shall inquire for itself whether such dam if erected would be of public use or not, notwithstanding any finding of the committee. If the court is of the opinion that such dam if erected would not be of public use, the petition shall be dismissed.
(1949 Rev., S. 8191.)
Cited. 52 C. 458.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 912 - Flowage Petitions › Section 52-450. - Reassessment of damages by jury; addition by court.

Either party may move for a reassessment of the damages by a jury of six, which shall be conducted in the manner prescribed for the reestimate of the damages and benefits for the layout or alteration of highways, and the court shall add fifty per cent to the amount assessed by the jury for the value of the land, as the measure of damages to be paid for flowing or taking the land described in the petition.
(1949 Rev., S. 8192.)
See Sec. 13a-64 re reestimate of damages and benefits by jury in cases concerning highway construction.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 912 - Flowage Petitions › Section 52-451. - Objections to action of jury.

Upon the return of the doings of such jury, any person interested therein may object to the acceptance of the same, and for any irregularity or improper conduct the court may set it aside and order a rehearing; but, if the court accepts such return, it shall be final in the matter of damages.
(1949 Rev., S. 8193.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 912 - Flowage Petitions › Section 52-452. - Costs of reassessment; bond.

If the petitioner moves for a jury, he shall pay the costs of the application and hearing whether the jury raises the damages assessed by the committee or not; and, if the jury does not lessen such damages, he shall pay costs to the respondent, but, if the jury lessens the damages, he shall pay no costs to the respondent. If the jury raises the damages, the whole costs shall be taxed against the petitioner, and the court may require bonds for costs to the adverse party from the petitioner at any stage of the proceedings, and from the respondent to the petitioner, if the respondent moves for a jury.
(1949 Rev., S. 8194.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 912 - Flowage Petitions › Section 52-453. - Effect of assessment; payment of damages and costs.

An assessment of damages so made shall be final and conclusive on the parties, their heirs and assigns, and give the petitioner, his heirs and assigns, forever, the right to keep up such dam as established; but the damages assessed, together with the costs, shall be paid to the respondent, or deposited for his use with the State Treasurer, before the water is flowed upon such lands and within sixty days after the proceedings on such petition have been ended. If such damages and costs are not so paid or deposited, the whole proceedings shall be of no effect.
(1949 Rev., S. 8195; 1961, P.A. 517, S. 110.)
History: 1961 act substituted state treasurer for county treasurer as recipient of deposit, county government having been abolished.
When premature flooding of land will not violate proceedings. 52 C. 463.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 912 - Flowage Petitions › Section 52-455. - Second petition; expenses of first petition to be paid.

If, in any case, the petitioner fails to pay or deposit the damages and costs that may be adjudged to the respondent, within said period of sixty days, and afterwards either the petitioner or any subsequent owner of the same water privilege for the improvement of which such petition was brought brings another petition against the same respondent for liberty to flow or take the same lands for the same purposes, the court to which such petition may be brought shall, on motion of the respondent, ascertain the reasonable costs and expenses incurred by him in defending against the former petition, and order them to be paid to him by the petitioner; and, if such payment is not made within the time limited in such order, the plaintiff shall be nonsuited.
(1949 Rev., S. 8197.)
Cited. 63 C. 569.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 913 - Drainage › Section 52-456. - Drain across land of another.

When the owner of land may wish to drain it, either by the necessary deepening or widening of a natural stream or by other means, and is unable to agree with the proprietors of adjacent lands as to the mode of draining it and the damages, he may make complaint to the superior court for the judicial district where such land is, for power to drain it across the lands of such adjoining proprietors; which complaint shall be served on them in the same manner as in the case of civil actions.
(1949 Rev., S. 6285; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 substituted “judicial district” for “county”.
Drain constructed under statute must conduct water off the land on which it is discharged. 24 C. 170. Cited. 184 C. 575.
Statute may be invoked against owners of land which is not contiguous with land sought to be drained. 25 CS 177.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 913 - Drainage › Section 52-457. - Damages.

Upon such complaint, the court may appoint three disinterested property owners of the town where such land is situated, to determine the best mode of draining it, and the damages which will thereby accrue to the adjoining proprietors. Such property owners shall report, in writing, their doings to said court, and all persons interested therein may appear and remonstrate against the acceptance of such report, for any irregularity or improper conduct. If such report is accepted, it shall be conclusive except as to the matter of damages and said court may order the draining of such land in accordance with the report.
(1949 Rev., S. 6286.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 913 - Drainage › Section 52-459. - Setting aside reassessment.

The court may set such report aside if, upon exception taken, it appears that such property owners have acted improperly; otherwise their report shall be conclusive as to the assessment of damages. If the court sets aside the report of such property owners, it shall order three other disinterested property owners to reassess the damages.
(1949 Rev., S. 6288.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 913 - Drainage › Section 52-461. - Obstruction to drainage.

When any low lands have been drained by a ditch or current running thence in a natural course through the land of an adjoining proprietor and cannot advantageously be drained in any other course, and such drainage becomes obstructed, the owner of such low lands may give written notice to such adjoining owner to remove such obstruction so as to allow the water to pass off in its former accustomed manner. If such adjoining owner neglects to do so for thirty days after such notice, the owner of such low lands may call out two selectmen of the town wherein such lands lie, who shall view the same, having first given written notice to all parties interested of the time of their meeting for such purpose and, if they find the drainage of such low lands necessary and proper and that such drainage has become obstructed as aforesaid, they shall give written notice to such adjoining owner to remove such obstruction, in such manner as they may direct and upon such terms as to expense as may seem just. If such owner neglects to comply with such order to the acceptance of such selectmen for thirty days, such selectmen may perform the work so ordered or direct the owner of such low lands to do it to the acceptance of such selectmen, and the expense thereof as certified by such selectmen, including reasonable compensation for their services, shall be paid by such of the parties in interest and in such time as such selectmen may determine, to be recovered by any party entitled thereto by an action on this statute.
(1949 Rev., S. 6291.)
Cited. 170 C. 387.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 915 - Habeas Corpus › Section 52-467. - Punishment for refusal to obey writ or accept copy.

If any person having the custody of the body of anyone directed to be presented to the court or to a judge by a writ of habeas corpus duly served fails to present the body according to the command in the writ, or refuses to accept the copy of the writ offered in service, or in any way fraudulently avoids presenting the body according to the command, or, having presented the body, does not make return of the cause of detaining the person in custody, he shall be guilty of a contempt of court and may be punished for contempt by the court or judge by commitment, and shall pay to the person so held in custody two hundred dollars.
(1949 Rev., S. 8203; P.A. 82-160, S. 170.)
History: P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 915 - Habeas Corpus › Section 52-468. - Commitment for contempt; application for discharge.

The court may commit to prison, for any contempt of which the respondent has been guilty in this proceeding, for a period not exceeding sixty days; and the respondent may, at any time within such time of imprisonment, appear before the court which made the order of commitment, and apply for a discharge from imprisonment, which the court may, for sufficient cause shown, direct.
(1949 Rev., S. 8204; 1967, P.A. 656, S. 48; P.A. 78-280, S. 111, 127.)
History: 1967 act substituted “when the court is not sitting” for “in vacation”; P.A. 78-280 removed judges from purview of section and deleted distinctions re procedure depending on whether court is in or out of session, reflecting fact that court now sits continuously.
Commitment under statute may clearly not be for more than 60 days, and respondent may apply for discharge upon purging himself of contempt or for other sufficient cause. 111 C. 252.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-472. - Bond on issue of temporary injunction.

No temporary injunction may be granted, except in favor of the state or of a public officer thereof in respect to any matter of a public nature, until the party making application therefor gives bond, with surety satisfactory to the court or judge granting the injunction, to the opposite party, to answer all damages in case the plaintiff fails to prosecute the action in which the injunction is applied for to effect; provided a bond need not be required when, for good cause shown, the court or a judge is of the opinion that a temporary injunction ought to issue without bond.
(1949 Rev., S. 8208; P.A. 82-160, S. 173.)
History: P.A. 82-160 rephrased the section.
Penalty rests in discretion of judge. 38 C. 123. Ex parte injunctions without bond disapproved. 77 C. 402. Only actual damages recoverable; 83 C. 418; 82 C. 153; not both damages and penalty. 79 C. 670. When bond is satisfied, or may be cancelled. 81 C. 715. Meaning of “prosecute the action to effect”. Id., 719. Court concluded that board of arbitration had not exceeded its authority under Sec. 7-472 and had made its services available to proper parties. 171 C. 420. Cited. 186 C. 725; 189 C. 539; 191 C. 201.
Cited. 29 CA 105.
It is not customary for the court to require bond on injunctions in aid of attachment of corporate stock. 6 CS 37. Cited. 11 CS 411; 12 CS 174. Requires surety bond, satisfactory to court, be posted to indemnify party seeking injunction for any breach by enjoined party. 29 CS 66. Cited. 42 CS 460.
Cited. 6 Conn. Cir. Ct. 105.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-473. - Injunctions may be granted immediately or after notice.

(a) An injunction may be granted immediately, if the circumstances of the case demand it, or the court or judge may cause immediate notice of the application to be given to the adverse party, that he may show cause why the injunction should not be granted.
(b) No temporary injunction may be granted without notice to the adverse party unless it clearly appears from the specific facts shown by affidavit or by verified complaint that irreparable loss or damage will result to the plaintiff before the matter can be heard on notice. It shall be sufficient, on such application for a temporary injunction, to present to the court or judge the original complaint containing the demand for an injunction, duly verified, without further complaint, application or motion in writing.
(1949 Rev., S. 8209; P.A. 82-160, S. 174.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 52-481 re temporary injunction to abate nuisance created by a manufacturer.
Ex parte injunction without bond disapproved. 77 C. 402. Discretion of court in granting ex parte injunction; review. 80 C. 430. Cited. 153 C. 661. In divorce or separation action, husband cannot be punished for civil contempt unless final judgment itself awards damages for such civil contempt. 157 C. 470. Tenants of a building where sewage disposal system was causing water pollution were not adverse parties requiring notice. 180 C. 568. Cited. 181 C. 492; 186 C. 725.
Cited. 29 CA 105.
Cited. 26 CS 290.
Stipulation entered into between parties that breach of their agreement by defendant would result in issuance of injunction forthwith is sufficient grounds for ex parte issuance of injunction sought; no jury trial was required where defendant was charged with civil contempt. 5 Conn. Cir. Ct. 724. Cited. 6 Conn. Cir. Ct. 105.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-473a. - Enjoining or restraining enforcement of certain environmental or public health laws. Ex parte orders prohibited. Appeal.

(a) Notwithstanding any provision of the general statutes, no court may, without a prior hearing, issue an order enjoining or restraining the enforcement of an order issued by the Commissioner of Energy and Environmental Protection pursuant to section 22a-7 with respect to chapter 446c or the Commissioner of Public Health pursuant to section 19a-332c or 25-32g to cease and desist any activity.
(b) If, after a hearing, the court issues an order enjoining or restraining the enforcement of such a cease and desist order, the state may appeal such court order to the Appellate Court. Such appeal may be expedited pursuant to rules established by the judges of the Appellate Court.
(c) Nothing in this section shall be construed to provide any person with additional remedies to enjoin or restrain any order of an agency of the state or a political subdivision of the state.
(P.A. 93-244, S. 1, 2; 93-381, S. 9, 39; 93-435, S. 59, 95; P.A. 95-257, S. 12, 21, 58; P.A. 11-80, S. 1.)
History: P.A. 93-244 effective July 1, 1993; P.A. 93-381 and P.A. 93-435 substituted commissioner and department of public health and addiction services for commissioner and department of health services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-474. - Interested persons may appear and be heard.

Any person who may be directly or indirectly interested in, or affected by, the granting of any temporary or permanent injunction, may appear and be heard with regard to granting or dissolving the same.
(1949 Rev., S. 8210.)
When holder of bonds of street railway company is not entitled to become a codefendant with the railway company. 56 C. 397. Cited. 180 C. 568; 186 C. 725; 225 C. 700.
Cited. 29 CA 105.
Cited. 6 Conn. Cir. Ct. 105.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-475. - Dissolution of temporary injunction.

(a) When a temporary injunction is granted in any action before its return day, it may be dissolved or modified by the Superior Court or by any judge of the Superior Court. A written motion for dissolution shall be preferred before the return day.
(b) After the return day, a motion to dissolve a temporary injunction shall be addressed to the court location in which the action is pending, or, if the court at such location is not actually in session, to a judge thereof. If the judge is unable for any reason to hear the motion, it shall be heard and determined by the superior court at another location or by any other judge of the Superior Court.
(1949 Rev., S. 8211; P.A. 76-436, S. 505, 681; P.A. 82-160, S. 175.)
History: P.A. 76-436 deleted provision requiring that any action taken by court to which case is not returnable or a judge of such court be immediately certified to court to which complaint in the action is returnable or in which it is pending, rendered obsolete by transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Costs. 62 C. 492. Modifying without prejudice to plaintiff does not affect final judgment. 71 C. 477; 79 C. 607. Cited. 186 C. 725.
Cited. 29 CA 105.
Cited. 6 Conn. Cir. Ct. 105.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-476. - Continuance pending appeal.

When a temporary injunction has been granted and upon final hearing judgment has been rendered adverse to its continuance, either party may apply to the court rendering the judgment, representing that he intends to appeal the case to the court having jurisdiction and praying that the temporary injunction may be continued until the final decision therein. Unless the court is of the opinion that great and irreparable injury will be done by the further continuance of the injunction, or that the application was made only for delay and not in good faith, the court shall continue the injunction until a final decision is rendered in the court having jurisdiction.
(1949 Rev., S. 8212; P.A. 74-183, S. 283, 291; P.A. 76-436, S. 243, 681; P.A. 82-160, S. 176; June Sp. Sess. P.A. 83-29, S. 48, 82.)
History: P.A. 74-183 amended section to require that appeals be taken to appellate session of superior court if judgment was entered in court of common pleas, retaining supreme court as appellate court for judgments rendered in superior court, effective December 31, 1974; P.A. 76-436 returned all appeals to supreme court jurisdiction, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and added reference to the court “having jurisdiction”.
“Upon final hearing” does not refer to decision on motion to dissolve temporary injunction, but to final judgment. 128 C. 294. Order dissolving temporary injunction is not a final judgment from which an appeal lies. Id., 295. Cited. 134 C. 362; 140 C. 267. Provisions of Ch. 562 are such that section is not applicable as regards injunctions in labor disputes, and to that extent has been impliedly repealed. 134 C. 622. Cited. 186 C. 725; 230 C. 622; Id., 641.
Cited. 29 CA 105.
Not inconsistent with Secs. 661, 662 and 663 of Practice Book; purpose of section discussed. 15 CS 272.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-477. - Permanent injunction; stay pending appeal.

When judgment has been rendered for a permanent injunction ordering either party to perform any act, the court, upon an application similar to that mentioned in section 52-476, shall stay the operation of such injunction until a final decision in the court having jurisdiction, unless the court is of the opinion that great and irreparable injury will be done by such stay or that such application was made only for delay and not in good faith.
(1949 Rev., S. 8213; P.A. 74-183, S. 284, 291; P.A. 76-436, S. 244, 681; June Sp. Sess. P.A. 83-29, S. 49, 82.)
History: P.A. 74-183 added reference to decisions of superior court to conform to changes in Sec. 54-476, effective December 31, 1974; P.A. 76-436 deleted reference to superior court decisions, also in conformity with Sec. 54-476 changes, effective July 1, 1978; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted reference to the court “having jurisdiction”.
Cited. 186 C. 725; 192 C. 1; 197 C. 141; 215 C. 82; 230 C. 641; 233 C. 254; Id., 281.
Not inconsistent with Secs. 661, 662 and 663 of Practice Book. 15 CS 273. A permanent injunction may be modified or dissolved at any time even after the term in which the judgment was rendered, and such judgment may be opened even though an appeal from it is pending and execution has been stayed. 21 CS 244.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-478. - Removal of stay or dissolution of injunction.

The court in which such case is pending may, if in its opinion the cause of justice so requires, dissolve such temporary injunction or remove the stay of such permanent injunction while such case is so pending in the Supreme Court.
(1949 Rev., S. 8214.)
Cited. 186 C. 725; 197 C. 141; 199 C. 179.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 916 - Injunctions › Section 52-479. - Reservation for advice. Dissolution of injunction.

When an injunction is granted by a judge when the court is not in session, and the court to which the original complaint is returnable reserves the questions arising thereon for the advice of the Supreme Court, and the Supreme Court advises that the complaint be dismissed and the injunction dissolved, the injunction shall be deemed to be dissolved from the day the notice of advice is filed in the office of the clerk of the court making the reservation.
(1949 Rev., S. 8215; 1967, P.A. 656, S. 50; P.A. 82-160, S. 177.)
History: 1967 act substituted “when the court is not sitting” for “in vacation”; P.A. 82-160 rephrased the section.
Cited. 186 C. 725.