ing to the order; and if the judge so assigned, and so prevented from attending, shall omit to make such order, the chief judge of the supreme court of errors, or, if there be no chief judge, the senior judge of said court, may adjourn said superior court in like manner; and if said court shall not be adjourned in either of the ways before mentioned, the sheriff of the county, where it was to be holden, shall adjourn it by proclamation, from day to day, until the judge shall attend to hold it; but if he shall not so attend within forty-eight hours after the time appointed for holding the court, the sheriff shall continue the causes, and adjourn the court without day. SECT. 32. The judges of the courts, at their annual meeting herefor court, how in before specified, shall appoint clerks and assistant clerks of the superior court for the several counties for the year ensuing ; and such assistant clerks shall have all the powers, and may perform all the duties of clerks of said court, subject to the direction of said clerks. 1855. rior appointed. 1857. Assistant clerks cy, &c. SECT. 33. The chief judge of the supreme court of errors, whenin case of vacan- ever there shall be a vacancy in the office of assistant clerk of the superior court, in any county in this state, or whenever such judge may deem it necessary, may appoint an assistant clerk in such county, who shall have the same powers and perform the same duties as the clerks of said superior court, subject to the direction of said clerks. Assistant clerks so appointed shall hold said office, until the annual meeting of the judges of the superior court. 1855. 1856. Attorney for the state, how pointed. Bonds of, &c. ap Special attorney appointed when. 1855. 1859. 1862. Removal of attorneys and clerks. SECT. 34. Said judges, at their said meeting, shall also appoint one attorney for the state in each county, who shall act as attorney in behalf of the state in the county, and who shall hold his office for two years, unless sooner removed by said judges; but every attorney for the state, before entering on the duties of his office, shall take the oath prescribed by the constitution for executive officers, and shall give bond with surety to the treasurer of the state, and to his acceptance, in the sum of three thousand dollars, conditioned that such attorney shall annually account for and pay over, according to law, all moneys belonging to the state, which he may receive as attorney for the state. SECT. 35. Whenever the attorney for the state shall be absent, or disqualified to act in any cause wherein the state is a party, pending before the superior court, said court may appoint a special attorney for the prosecution of such cause; and on application of the attorney for the state, said court may appoint an assistant attorney to aid in the prosecution of any cause before the court. SECT. 36. Said judges may, at said meeting, at their discretion, remove any attorney for the state, or clerk, or assistant clerk, and may fill any vacancy occasioned by such removal or otherwise; and any vacancy that shall occur from any cause, in any of said offices, may be temporarily filled, by any judge of said court, until such Temporary ap- appointment is made; and any clerk or assistant clerk, so temporarily appointed, shall hold said office until the next annual meeting of the judges, unless sooner removed by said judges at some special meeting. pointment. SECT. 37. The chief judge, or senior judge, of the supreme court of errors, may call a meeting of the judges of the superior court, at such time and place as he may deem proper, and when convened, they may transact any business that might be done at the annual meeting. SECT. 38. The judges of the courts, at their meetings, shall make rules for the all necessary and proper rules, not contrary to law, for the trial 1855. 1859. of causes and other proceedings in the superior court; they shall Judges to adopt make, and the superior court shall enforce, such rules as shall pro- courts. mote dispatch in the business of said court, and secure as far as possible, at every term, the completion of the business thereof; and all rules, so adopted, shall be recorded by the clerk of the superior court, in each county, in a book procured by him for the purpose, to be kept in his office, for the benefit of suitors and counsel, and shall be published in the next succeeding volume of Connecticut Reports. The rules established for the superior court shall continue Rules to continue in force, until rescinded or modified by the judges of the superior court, at one of their meetings.* How published. till altered. SECT. 39. The superior court may, at any session, order pleas to Court may order be entered and closed, ready for trial, in causes in said court which times for pleading, &c. may require a hearing, or trial; and said court may, when it deems it necessary, order such pleas to be filed and entered in the office of clerk of said court, at any time during the several vacations. SECT. 40. The superior court, in any county, shall, whenever the May adjourn a state of the business pending before the same shall require it, adjourn any session thereof from time to time, as shall be deemed expedient. session. 1855. When one coun Hour rule. SECT. 41. In all trials in the superior court, on appeals from jus-. tices of the peace, or where the matter in demand is less than one sel only on a side. hundred dollars, only one counsel shall be heard on one side, except by special leave of the court; and in no trial before said court shall counsel be permitted to occupy more than one hour in argument, unless the court shall, on motion for special cause, before the commencement of such argument, allow a longer time; and in no case shall Interlocutory interlocutory questions, arising during the trial of a cause, be argued by counsel, unless the court shall request it. questions. superior court SECT. 42. The superior court, at any session thereof, in any Appointment of county, may appoint, at its discretion, any number of persons within commissioners. such county, to act as commissioners of the superior court, who, when duly sworn, may, within such county, sign writs and subpo nas, take recognizances, administer oaths, take depositions, and the acknowledgment of deeds, and who shall hold office for two years from their appointment, unless sooner removed by the court, which removal may be made by the court at any time for good cause. SECT. 43. The superior court may admit, and cause to be sworn Admission of as attorneys, such persons as are qualified therefor, agreeably to the attorneys. rules established by the judges of said court; and all attorneys, so admitted, shall have the right to practice in all the courts of the state, and said judges are authorized to establish such rules as they Rules of admisshall judge proper, relative to the admission, qualifications, practice, and removal of attorneys. sion. custody of rec SECT. 44. The clerks of the superior court, in the several coun- Clerks of supeties, shall have the custody of the records of the former county rior court to have courts, and shall have power to issue executions on judgments ren- ords of former dered therein, and to certify to copies of the records thereof, and to county court, &c. do all other acts in relation to the files and records of said county courts, which the clerks of said county courts could have done, if such courts were still in existence. SECT. 45. Any clerk of the superior court may, when so directed * Construction of old rule, requiring attorney for defendant to state whether there was defense or not. Terry v. Capen, 3 Day, 495. 1857. Clerk may amend &c., record. 1856. by the superior court of the county wherein said clerk resides, amend, make up, and complete, any record of the superior court, or of a former county court, which has been omitted to be done by a former clerk of either of the above named courts, in such manner as said superior court shall direct. SECT. 46. The superior court may admit an alien to become a Naturalization. citizen of the United States, in open court, at a regular term of the court, and an alien may declare his intention to become a citizen of the United States before such superior court. censed. Notice. 1858. li SECT. 47. The superior court, or any judge thereof, in vacation, Pilots how - may, in either of the counties of this state, embracing or adjoining navigable waters, license so many persons as, in the judgment of said court or judge, may be necessary, and who may, upon inquiry or examination, be found suitable and qualified, to act as pilots for the term of three years from the date of such license, in any of the bays, inlets, rivers, harbors, or ports. within this state. No person shall be licensed as pilot, until he shall have given notice of his intention to apply therefor, and of the court or judge to whom, and the time when, and the place where such application will be made, by advertising the same, at least six times in some daily newspaper, published in the town where such person resides, or, if no daily newspaper is published in such town, at least four times in some weekly newspaper published in such town, or in the nearest adjoining town. Bond. Penalty for pre pilot. SECT. 48. Every pilot shall, upon the granting of his license, become bound to the treasurer of the county where such license may be granted, and his successors in said office, in the sum of five hundred dollars, with good and sufficient surety, to the acceptance of the court or judge granting such license, conditioned for the faithful performance of the duties of a pilot, upon which bond suit may be brought in the name of such treasurer, for the benefit of any person who may suffer loss, or damage, by the ignorance, neglect, or misconduct of such pilot in the discharge of his duties. SECT. 49. Every person, not duly licensed, who shall act as a tending to be pilot on board of any vessel, in any of the bays, inlets, rivers, harbors, or ports of this state, willfully representing himself to the master or person having charge of said vessel, as being a licensed pilot, under the laws of this state, shall pay a fine not exceeding thirty dollars, nor less than five dollars, for every offense; and no person not duly licensed, shall recover, by law, any compensation for his services as a pilot. Record of license to be kept. Rates of pilotage. 1860. SECT. 50. The clerks of the superior court, in the county where such license is granted, shall keep a record thereof, and if requested shall furnish a certificate of such license, and the fee therefor shall be fifty cents. SECT. 51. The superior court in any county shall, on the application of any person, fix the rates of pilotage in the several bays, inlets, rivers, harbors or ports within such county, except, that the superior court of Middlesex county shall fix such rates for that part of Connecticut river between Middlesex and New London counties, and the superior court for New Haven county shall fix such rates for that part of Housatonic river, between New Haven and Fairfield counties. SECT. 52. Every person, not duly licensed as a pilot, except the Penalty for act- master of the vessel to be piloted, who shall act as pilot, except on board any vessel in, or coming into, either of the ports of New Lon ing as pilot without license. don, Saybrook, New Haven, Bridgeport and Norwalk, in this state, after said vessel shall have been spoken by a duly licensed pilot, who is ready and willing to take charge of said vessel, shall pay a fine not exceeding thirty dollars and not less than five dollars, or be imprisoned in common jail not more than thirty days, or shall pay such fine and suffer such imprisonment both. Court of claims SECT. 53. The superior court, in the several counties, shall be a 1864. court of claims, and shall have sole and exclusive jurisdiction of all constituted, and claims against the state, founded in equity and good conscience, or its jurisdiction. upon any law of the state, or upon any regulation of an executive department of the state, or upon any contract, express or implied, with the government of the state, or any executive officer thereof, which may be suggested to it by a petition brought and served as hereinafter required; but said court shall not pass upon any claim, exceeding in amount the sum of two thousand dollars. be made, where SECT. 54. The petition shall be brought to the superior court in Petition, how to the county in which the claimant resides, and shall, in all cases, set brought, how forth a full statement of the nature of the claim, and whether the served, &c. petitioner is the original claimant, or claimant by transfer; and said petition shall be signed and sworn to by the claimant, or his attorney, and shall be accompanied with a summons, signed by some competent authority, notifying the attorney for the state, in the county in which such petition is brought, to appear before the court, and shall be served upon the attorney, by some proper officer reading it in his hearing, or leaving a true and attested copy of it at his usual place of abode, at least twelve days before the session of the court; and such attorney shall prepare all cases, on the part of the state, for hearing before said court, and shall argue the same when prepared; and he shall receive such reasonable fees therefor, as the court shall allow in each case, which fees shall be paid in the same manner as in criminal cases. costs to be taken. to pay costs. SECT. 55. The authority signing the summons shall, before issu- Recognizance for ing the same, take the recognizance of some person, known to such authority to be of sufficient responsibility for the payment of costs to the state, with good and sufficient surety, in case the claimant shall not prosecute his suit to effect. In no case shall the state be The state may adjudged to pay costs, though the claimant shall prevail; and the not be adjudged court may, in its discretion, allow costs against the claimant, in favor of the state, if upon trial the claimant shall not prevail, either in whole or in part, and execution may be issued for the same accordingly. SECT. 56. All cases brought by virtue of the provisions of the Proceedings to be three preceding sections, shall be tried, and in all respects, proceeded equity." with to final judgment and decree, in the same manner as is now, or hereafter shall be, required by law in cases in equity; and in case on final judgfinal judgment and decree shall be in favor of the claimant, he may claimant, sum present to the comptroller of public accounts a certified copy of such how paid. judgment and decree, and thereupon said comptroller shall draw an order in favor of such claimant, upon the treasurer of the state, for the sum adjudged or decreed to be due, and said treasurer shall, upon presentation of such order, pay the same. as in cases of ment in favor of to claimant, to SECT. 57. Whenever a claim shall be decided adversely to the Decision adverse claimant, such decision shall be conclusive, and said claim shall not be conclusive. thereafter be considered by the general assembly, nor by said court, unless such reasons shall be presented to said court, as, by the rules of common law or equity in suits between individuals, would furnish No attachment against state property. grounds for granting a new trial; and no claim shall be brought before said court, which has been adversely acted upon by the general assembly. SECT. 58. No attachment or execution shall issue against the property of the state, by virtue of the provisions of the five preceding sections of this act. CHAPTER III. OF THE PLACES AND TIMES OF HOLDING THE SUPREME COURT OF Times and places of holding supreme court. 1855. SECT. 59. The supreme court of errors shall be held at the following places and times, to wit: In the county of Hartford, at Hartford, on the fourth Tuesday of Hartford county. February, and on the second Tuesday of September. New Haven county. 1864. New London county. 1855. In the county of New Haven, at New Haven, on the third Tuesday of February, and on the fourth Tuesday of September. In the county of New London, on the Wednesday following the second Tuesday of March, at New London, and on the Wednesday following the fourth Tuesday of October, at Norwich. In the county of Fairfield, on the second Tuesday of February, Fairfield county at Bridgeport, and on the first Tuesday of October, at Danbury. In the county of Windham, at Brooklyn, on the second Tuesday Windham coun- of March, and on the fourth Tuesday of October. ty. 1864. 1855. In the county of Litchfield, at Litchfield, on the fourth Tuesday Litchfield coun- of April, and on the third Tuesday of October. ty. Middlesex coun ty. Tolland county, Times and places In the county of Middlesex, on the third Tuesday of March, at SECT. 60. The superior court shall be held at the following times of holding supe- and places, to wit: rior court. Hartford county. New Haven county. New London county. Fairfield county. In the county of Hartford, at Hartford, on the second Tuesday of March, on the third Tuesday of July, on the fourth Tuesday of September, and on the third Tuesday of December. In the county of New Haven, at New Haven, on the first Tuesday of March, on the second Tuesday of May, on the first Tuesday of September, on the second Tuesday of October, and on the third Tuesday of December. In the county of New London, on the third Tuesday of January, at New London, on the first Tuesday of April, at Norwich, on the second Tuesday of September, at New London, and on the third Tuesday of November at Norwich. In the county of Fairfield, on the first Tuesday of March, at Bridgeport, on the second Tuesday of August at Danbury, on the third Tuesday of October, at Danbury, and on the third Tuesday of December, at Bridgeport. |