1895.] TOWN OFFICERS. CORPORATIONS, ETC. 491 SEC. 2. Whenever there shall be any doubt as to which of Jurisdiction. the adjoining towns has jurisdiction of the place where an offense against this act has been committed, such offense may be prosecuted in either of said towns. SEC. 3. Every person violating the provisions of this act Penalty. SEC. 4. This act shall take effect from its passage. [Substitute for House Bill No. 406.] CHAPTER XCV. An Act concerning Election of Town Officers in the Town of Be it enacted by the Senate and House of Representatives in SECTION 1. The terms of office of the town clerk, town official term of treasurer, and collector of taxes of the town of Middletown, hereafter elected, shall be for two years. SEC. 2. All acts and parts of acts inconsistent herewith are hereby repealed. Approved, April 25, 1895. [House Bill No. 313.] CHAPTER XCVI. An Act concerning Receivers of Corporations and Copartnerships. Be it enacted by the Senate and House of Representatives in certain town officers in Middletown. when dissolved of receiver. The commencement of proceedings for the appointment of a Attachments receiver of a corporation or a copartnership shall dissolve all and executions, attachments and all levies of executions, not completed, made by appointment within sixty days next preceding, on the property of such corporation or copartnership; but if the property is subsequently taken from the receiver, so that it cannot be used for the benefit of the creditors of said corporation or said copartners, nor made subject to the orders of the court in the settlement of the affairs of said corporation or copartnership, or if the receivership shall be terminated by order of the court, pending the settlement of the affairs of the corporation or copartnership, said attachments and levies of execution shall revive, and the time from the commencement of such proceedings to the time when the receiver shall be dispossessed of the property, or the finding of the court Appointment of commissioners that said property is not subject to the orders of said court, or when said trust shall be terminated, shall be excluded from the computation in determining the continuance of the lien created by such attachment; but the attaching or levying creditors shall be allowed the amount of their legal costs, accruing before the time of the appointment of a receiver, as a preferred claim against the estate of said corporation or copartnership, if their respective claims upon which the attachments are founded shall, in whole or in part, be allowed. Approved, April 25, 1895. [Substitute for House Bill No. 427.] CHAPTER XCVII. An Act concerning the Appointment of Commissioners of Be it enacted by the Senate and House of Representatives in Section 3118 of the general statutes is hereby amended by of pharmacy. striking out in line two of said section the words "one reputable physician and two," and inserting in lieu thereof the words "three reputable," so that said section, when amended, shall read as follows: There shall be three commissioners of pharmacy, consisting of three reputable pharmacists, to be selected by the governor from six persons to be annually nominated to him by the Connecticut Pharmaceutical Association. Meetings of boards of relief. Approved, April 25, 1895. [House Bill No. 416.] CHAPTER XCVIII. An Act concerning Assessment of Taxes. Be it enacted by the Senate and House of Representatives in SECTION 1. Section 3851 of the general statutes is hereby amended by striking out the word "or" in the fourth line, and inserting in lieu thereof the word "and," and also by striking out the word "printed" in the fifth line of said section, and inserting in lieu thereof the word "published," and inserting between the words "therein" and "and" the words "if any there be," so that said section, as amended, shall read as follows: The board of relief in each town shall meet on the first Monday in January, annually, having given at least ten days' previous notice of the time and place of such meeting, by posting it on the public signpost in said town, and publishing it in some 1895.] SOLDIERS, ETC. SUPREME COURT OF ERRORS. newspaper published therein, if any there be, and may adjourn, from time to time, till they shall have completed the duties imposed upon them by this title. SEC. 2. All acts and parts of acts inconsistent herewith are hereby repealed. Approved, April 25, 1895. [House Bill No. 504.] CHAPTER XCIX An Act concerning the Burial of Soldiers and Sailors. Be it enacted by the Senate and House of Representatives in General Assembly convened: 493 or sailor liable burial in accord ter xvii, public SECTION 1. Whenever the comptroller shall have paid any Estate of soldier sum toward the expenses of the burial of any deceased soldier for expense of or sailor, in pursuance of the statute laws of this state, and it ance with chapafterward appears that the deceased left any estate, the comp- acts of 1993. troller may present a claim in behalf of the state against the estate of such deceased soldier or sailor for the sum so paid, and the claim shall be a preferred claim against such estate, and shall be paid to the treasurer of the state. SEC. 2. The comptroller may make application for adminis- Comptroller may apply for tration upon the estate of any such deceased soldier or sailor, if administration of estate. no other person authorized by law makes such application within sixty days after such payment has been made by the comptroller. SEC. 3. This act shall take effect from its passage. Approved, April 25, 1895. [House Bill No. 164.] CHAPTER C. An Act concerning Appeals to the Supreme Court of Errors. Be it enacted by the Senate and House of Representatives in General Assembly convened: in appeals to SECTION 1. Upon the trial of any civil action to the court Finding of facts without a jury, in which an appeal may now be taken to the supreme court. supreme court of errors, each party may incorporate in his request for a finding, under section 1132 of the general statutes, such facts as he claims to be proven upon the trial. in writing. SEC. 2. Such request shall be in writing, and shall be divided Requests to be into paragraphs, numbered consecutively, and each containing, as nearly as may be, a separate allegation. SEC. 3. Such request shall be filed with the clerk of the Must be filed, court within two weeks after judgment. when. preme court. SEC. 4. When the court makes a finding, such finding shall Finding by su be divided into paragraphs numbered consecutively, each containing, as nearly as may be, a separate allegation. Exceptions to such finding. Form. Appeal from finding of facts. Expense of printing, how paid. Review and correction. New trial. SEC. 5. When a finding of the court has been filed, the clerk shall notify the counsel in writing, and either party may, within one week after receipt of such notice, file with the clerk written exceptions to any finding of fact by the court, and to any refusal to find any fact requested in accordance with the provisions of section one of this act; and all evidence claimed by either party to be material to such claimed facts, so far as the court shall find the same to have been given in the case, and all the evidence ordered by the court shall be made part of the record. SEC. 6. Exceptions to said finding may be in the following form, viz.: 1st. The plaintiff (or defendant) excepts to the finding of the court as stated in paragraph No. , and requests that the following evidence, which he claims is material, may be certified by the court, as appears by Exhibit A, hereunto annexed. 2d. The plaintiff (or defendant) excepts to the refusal of the court to find as requested in paragraph No. of his request, and requests that the following evidence, which he claims is material, may be certified by the court, as appears by Exhibit B, hereunto annexed. SEC. 7. Either party may appeal from any finding of fact, or refusal to find any fact as requested, to the supreme court of errors, and upon such appeal, the request of the party for a finding and all the evidence allowed by the court shall become part of the record of the case. SEC. 8. The expense of printing evidence shall be paid by the party requesting the same, at the rate of one dollar for each legal page for one copy, and such expense, not exceeding fifty dollars, may be taxed in favor of the prevailing party. SEC. 9. The supreme court of errors shall review all questions of fact raised by such appeals, and if it appears that the finding of the court does not present the questions of law decided by the trial court, said supreme court of errors shall correct said finding. And if the supreme court of errors shall find that material facts have been found against the evidence or without evidence, or material facts have been proved and not found, the court shall grant a new trial. SEC. 10. The party appealing shall state distinctly in his state reasons for reasons for appeal such errors of facts as he complains of. SEC. 11. Chapter CLXXIV of the public acts of 1893 is hereby repealed. appeal. Approved, April 25, 1895. 1895.] QUARANTINE. [House Bill No. 594.] CHAPTER CI. An Act concerning Quarantine. Be it enacted by the Senate and House of Representatives in 495 establish quar tions. SECTION 1. Section 2594 of the general statutes is hereby Town boards of amended to read as follows: The board of health, in any town health may contiguous to navigable waters, may assign, within the town or antine regulathe waters contiguous thereto, the port or place in any harbor, road, river, or bay, where vessels coming into the limits of such town or into such contiguous waters, shall, if need be, perform quarantine; and every vessel which shall come from any foreign port or place, or, between the first day of June and the first day of November, come from any port or place in the United States south of the capes of Delaware bay, or in the British provinces, and come to anchor in any such harbor, rqad, bay, river, or contiguous waters, if any place for quarantine shall have been assigned as aforesaid, shall come to anchor and lie at such place so assigned, and at no other place, until discharged in manner as is hereinafter provided; and the master of every vessel coming to anchor as aforesaid shall forthwith make signal for a health officer by hoisting colors in the shrouds or, if need be, may send a person on shore, who shall notify immediately the health officer of the port, or, if there be no health officer, a member of the board of health, of the arrival of such vessel, and forthwith return on board; but the provisions of this section shall not apply to any such vessel which shall have entered any port or place north of said capes, where there are quarantine regulations, and been visited by a health officer, received a clean bill of health, and been permitted to go, and has actually gone to the wharves and unloaded thereat; and such clean bill of health or a certified copy thereof shall be left with or filed at the office of the board of health of the town or city having jurisdiction over said port, within twenty-four hours after the arrival of such vessel. antine in New SEC. 2. Section 2596 of the general statutes is hereby Foreign vessels amended by adding at the end thereof the following: But this subject to quarsection shall not apply to any vessels coming from any foreign Haven harbor. port or ports, except a port in Canada and the British provinces. SEC. 3. Any vessel from any port or place having sickness All vessels of any kind on board shall be subject to inspection and quaran- having sickness tine before making fast to any wharf. on board liable to quarantine. SEC. 4. Any master of any tug-boat who shall violate, or Penalty. assist any other person to violate, the quarantine regulations of any port, shall be fined not more than one hundred dollars, or imprisoned not more than three months, or both.*; Approved, April 25, 1895. |