CHAPTER VIII.

OF CERTAIN GENERAL PROVISIONS RESPECTING COURTS.

Judges, &c., how appointed.

1862.

su

or superior court may re

SECT. 115. The judges of the supreme court of errors, and judges of the superior court, shall be appointed by the concurrent vote of the senate and house of representatives; and shall, in all cases, be chosen by ballot, in each house of the general assembly.

SECT. 116. Any judge of the supreme court of errors, or of the Judge of sn superior court, may resign his office at his option, by leaving with the governor, for the time being, a written communication, signifying his intention to resign his said office, and stating, in said communication, the day and the month from which said resignation is to take place.

sign.

1849.

ap

SECT. 117. All judges annually appointed, being commissioned annually judges and sworn, may execute their offices until the fourth day of July, in pointed, to ex- the year next ensuing their appointment, unless their commission pire July 3d. shall be sooner revoked or suspended by act of the general assembly. Judge not to be SECT. 118. No judge, except a judge of probate, and no justice shall hold the office of sheriff, deputy sheriff, or con

sheriff, or consta- of the

ble.

What relationship shall disqualify.

1854.

In what cases a

fed.

stable.*

peace,

SECT. 119. Whenever there shall be so near a relationship between any judge, or justice of the peace, and any party in a civil action, as between father and son, by nature or marriage, brother and brother, in like manner, uncle and nephew, in like manner, landlord and tenant; or whenever any judge, or justice, may be liable, in any manner, to contribute out of his estate to the damages, cost, or expenses of any action; or whenever he may receive a direct pecuniary benefit by the determination thereof, except as hereinafter provided; the said judge, or justice, shall be disqualified to act as judge, or render judgment.

SECT. 120. Where any judge of the supreme court of errors, or julge may sit superior court, shall be disqualified to sit or act in any civil action, who is disquali- in which any corporation is a party, by reason of the provisions of the preceding section, if the other party, or his attorney, in open court, shall waive his objections, in writing, and lodge the same on file, to such disqualifications, such judge shall thereupon become and be qualified to act as judge, and render judgment in such action.

* Acceptance of the office of constable by a person holding, at the time, the office of justice, a surrender of the latter office. Magie v. Stoddard, 25 C. R. 565.

+ Judge of probate, uncle to a devisee and heir at law, not disqualified. Nettleton . Nettleton, 17 C. R. 542. Disqualified when inhabitant and tax-payer of town beneficially interested in claim against estate. Hawley v. Baldwin, 19 C. R. 585. Disqualification arising from relationship by marriage ceases upon the death of one of the married parties. Winchester v. Hinsdale, 12 C. R. 88. Justice of the peace, disqualified when he owns the debt in suit. Dyer v. Smith, 12 C. R. 384. This section applies to commissioners on insolvent estates. Stoddard v. Moulthrop, 9 C. R. 502; Sturges . Peck, 12 C. R. 139; English v. Smith, 13 C. R. 221; Hawley v. Baldwin, 19 C. R. 585. And to appraisers of land set off on execution. Johnson v. Huntington, 13 C. R. 47. Whether relationship to petitioner disqualifies commissioners laying out highway; if so, objection may be waived by matter in pais. Groton v. Hurlbut, 22 C. R. 178.

Judge or justice

SECT. 121. No judge, or justice of the peace, shall be disqualified 1838. to sit and judge in any qui tam, or other penal action, or prosecu- not disqualified tion, from which a penalty may accrue to any town treasury, by where his town reason of his being an inhabitant of such town, or liable to taxation therein.*

a party, when.

1868.

SECT. 122. No judge, or justice of the peace, shall be disqualified Judge or justice to sit and judge in any action, brought by, or against, any incorpo- not disqualified rated city in this state, by reason of his being an inhabitant of such against his city. city, or liable to taxation therein.

in suit by or

1861. Nor in scire fa

SECT. 123. No judge, or justice of the peace, shall be disqualified to judge in any scire facias, brought by, or against, any city, bor-clas, when. ough, or town in this state, by reason of his being a tax payer, or resident of such city, borough, or town.

by consent of

SECT. 124. Whenever any judge, or justice of the peace, shall be When he may act disqualified to sit or act in any civil action, such judge, or justice, parties. may, nevertheless, sit and act in such action, by consent of the parties, in writing, given thereto in court.

when to have

SECT. 125. The chief judge, or the presiding judge for the time Chief Judge, &c., being, of every court in this state, whenever there shall be an equal casting voice. division of opinion on any question before the court, shall have a casting voice, and every magistrate, or other person, presiding in any arbitration, or in any civil proceeding, shall, in the like case, have the same voice.

SECT. 126. The several courts in this state, may, except where it Orders of notice is otherwise specially provided by law, make such order in regard to by courts. the notice which shall be given of petitions for new trial, petitions in equity, petitions for divorce, or other petitions, writs of error, and appeals from courts of probate, pending before such courts, whenever the adverse party in such petition, or writ of error, or any persons, so interested in such appeal that they ought to be made parties to it, reside out of the state; which notice, having been given in the manner prescribed by the order, and proved to the court, shall be deemed sufficient service.

by judges, clerks,

SECT. 127. The several judges of the supreme court of errors, Orders of notice the judges of the superior court, the clerks of the superior court, and county comand each of the county commissioners, may, in term time or in vaca- missioners. tion, in like case of residence out of this state, make such order or notice, in regard to petitions for new trials, petitions in equity, petitions for divorce, or other petitions, and writs of error, returnable to the supreme court of errors, or to any superior court, as they shall deem reasonable; which notice, having been given and proved, the court may proceed to a hearing at the first term, or may order such further notice as it shall deem reasonable.

Judge may ap

vacancies.

SECT. 128. Whenever an auditor or auditors, or a committee in 1851. 1865. chancery, or a committee to take disclosures, shall have been ap- point auditor or pointed by the superior court, and such auditor, or one of such audi- committee to fill tors, or any member of such committee, shall die before the case has been heard and reported, or shall be unable, or shall refuse, to act, and the court before which the suit is pending shall not be in session, any judge of the superior court, upon the application of either party to such suit, and reasonable notice to the adverse party, may appoint another person in his place, as such auditor or member of such com

* See decision to this effect in Kilbourn v. State, 9 C. R. 560, made before this section was enacted.

1851.

mittee; and the judge, making such appointment, shall certify the same to the clerk of the court in which such action may be pending. SECT. 129. Whenever a judge is authorized to appoint an auditor point auditor or or committee, under the provisions of the preceding section, the parcommittee, by ties, or their attorneys, may agree, in writing, upon any such auditor or committee; and such agreement, being filed with the clerk of the court in which the action is pending, the appointment therein made shall be as valid as if made by a judge.

Parties may ap

written agree

ment.

1826.

Clerks to give

SECT. 130. The several clerks of the superior courts shall, before bonds to perfect entering upon the duties of their office, take an oath for the faithful the records, &c. performance of their duty, and shall give bond, with surety, to the treasurer of the county in which they reside, and to his acceptance, in the sum of five hundred dollars, conditioned that said clerks shall faithfully make and perfect all records of their respective courts, required by law to be made, and faithfully discharge all the duties of their respective offices.

Duties of clerks.

Attorneys admit

court, to be attor

SECT. 131. The clerks of the several courts shall receive the files, processes, and documents, returnable to their respective courts, make perfect records of all proceedings required by law to be recorded, have the custody of the files and records of the court, grant execution on judgments, according to law, and perform all other duties imposed on them, according to law, and according to the rules and orders of the court.*

SECT. 132. Attorneys, admitted by the superior court, shall be ted by superior attorneys of all the courts in this state, and shall be subject to the neys of all the lawful rules and orders of the courts before which they act, and said courts may fine them for transgressing such rules and orders, not exceeding one dollar for any one offense, and may suspend or displace them for so transgressing, or for other just cause.t

courts, &c.

Courts to have a seal.

1854.

When person

of court may be

SECT. 133. The supreme court of errors, the superior court, and the courts of probate, shall each have its proper seal, which shall be kept by the clerk, to be used under the direction of the court, in all matters in which a seal is required by law.

SECT. 134. Whenever any person shall be committed to jail, in confined by order any civil case, for non-compliance with an order of the superior released from im- court, the judge of the court, making such order, may release and disprisonment. charge such person from imprisonment, when, in his judgment, the public interests will not suffer thereby.

1864.

to superior court,

jury term.

SECT. 135.

Whenever any case shall come to the superior court, Certain appeals by appeal from the judgment of a justice of the peace, or police to be tried at first court, or by binding over by a justice of the peace, or police court, for a violation of any statute against keeping, frequenting, or maintaining houses of ill-fame, or for a violation of any statute against gaming, or for neglecting to eject a tenant who shall have been convicted of a violation of any of said statutes, such case shall be tried at the first term of the superior court at which a jury shall be in attendance, after such appeal or binding over, unless on motion, for good cause shown, the court shall order the case to be continued. SECT. 136. The city court of the city of Hartford shall have City court of power to hear and determine all appeals, made to it from the judgment rendered in any case, by a justice of the peace, for the county

1858.

Hartford may try

appeals.

* Clerk may, at any time, complete his record, by filling up blanks left by him for insertion of amount of costs taxed. Calhoun v. Terry, Porter, &c., 21 C. R. 526. Entries in docket not records. Weed v. Weed, 25 C. R. 328.

+ Attorney cannot be compelled in one case to produce in evidence a paper left with him by client in another case. Lynde v. Judd, 8 Day, 499.

of Hartford, according to law, in which it shall appear that the cause of action arose within the limits of said city, and one or both of the parties live within the same, and may proceed to final judgment and execution.

1856. Jurisdiction of

SECT. 137. The city court of the city of Hartford shall have jurisdiction of all suits in equity, except for relief against any judgment Hartford city rendered, or against any cause pending in the superior court, and court. may inquire into the facts, itself, or by a committee, and may proceed to final judgment and decree, and enforce the same according to the rules of equity, provided the cause of action, or proceeding in equity originated, and one or both of the parties reside within the limits of said city, and the premises in question, in cases of foreclosure, or the proceedings relating to real estate, shall be situated within said city limits.

Jurisdiction of

SECT. 138. 1861. The city court of the city of New Haven shall have cognizance of all cases at law and in equity, wherein the matter in New Haven city demand is not less than fifty, nor more than five hundred dollars, if court. the cause of action arose within the city limits, and one or both of the parties live within the same; and an appeal may be had in all Appeal. cases from any decision, judgment, or decree, of said court, to the superior court, next to be holden in and for the county of New Haven, in the same manner, and upon the same terms, as in case of appeal from the judgment of a justice of the peace.

City court of

whom holden.

SECT. 139. The recorder of the city of Norwich shall hold the 1856. city court, and be the sole judge thereof, except as hereinafter pro- Norwich, by vided. Whenever the recorder of said city shall be legally disqualified to act in any matter, pending in said court, and the parties, or their attorneys, shall not waive all objections to his acting therein as hereinafter provided, any three of the aldermen of said city, to be designated and notified by the clerk of said court, may hear and determine such matter, and shall, for that purpose, constitute the city court of said city; and in such case, the senior of said aldermen shall preside.

waive objections

SECT. 140. The parties, or their attorneys, may, by agreement in Parties may writing, filed with the clerk of said court, waive all objections to the to recorder. disqualification of the recorder, who, in such case, may act as the judge of said court.

Clerk of city

SECT. 141. The clerk of any city court may, when so directed by 1859. the court, amend, make up, and complete, any record of the city court may amend court, which may have been omitted to be done by any former clerk, records. in such manner as said court shall direct.

SECT. 142.

1855.

The several city courts, and the officers thereof, shall Powers, &c., of have all the powers, and the jurisdiction, which shall have been con- city courts. ferred upon them, and shall be subject to all the duties imposed upon them, by law, and all costs and fees in said court shall be the same as if the county courts had not been discontinued.*

When a city court has rendered judgment in a suit of foreign attachment, it has jurisdiction in a scire facias founded thereon. Sherwood v. Stevenson, 25 C. R. 431.

1

TITLE XII.

AN ACT CONCERNING CRIMES AND PUNISHMENTS.

CHAPTER I.

OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE.

Treason.

Misprision treason.

1861.

of

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

SECTION 1. That every person, who shall commit treason against this state, by levying war against the same, or by adhering to the enemies thereof, giving them aid and comfort, shall suffer death.

SECT. 2. Every person, who shall endeavor to join the enemies of this state, or use his influence to persuade or induce any person or persons to join, aid, or comfort them, in any way or manner whatsoever, or shall have knowledge of any person or persons endeavor. ing or using their influence as aforesaid, or of any treason described in the first section of this act, and shall conceal the same, shall be punished by a fine not exceeding one thousand dollars, and by imprisonment in the Connecticut state prison, for a term not less than three, nor more than seven years.

SECT. 3. Every person, resident, or being within this state, who Aiding, assisting, shall, in time of war with any public enemy, or rebels, or in time of or corresponding rebellion against the authority of this state, or of the United States, public enemies. directly or indirectly, commence or carry on any verbal or written

with rebels or

Public exhibition

correspondence or intercourse with such enemy or rebel, or with any person for the purpose of being communicated to such enemy or rebel, with intent to aid such enemy or rebel, or to defeat or embarrass the measures of the government of this state, or of the United States, or shall aid or assist in such correspondence or intercourse with intent as aforesaid, or shall directly or indirectly sell or transport, or attempt to transport, by land or otherwise, to such enemy or rebels, naval or military stores, arms, munitions of war, or any article of provisions or supplies of any kind, or shall aid or assist in such transportation or attempt, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the Connecticut state prison for a term not less than three nor more than seven years, or by such fine and imprisonment both.

SECT. 4. Every person, who shall expose to public view, on his of rebel flags, &c. own premises or elsewhere, any flag or device of the description used, or reputed to be used, by any rebels against the authority of this state, or of the United States, or by any public enemies of this