ARTICLE XIII. ADOPTED AUGUST, 1864. whenabsent from Every elector of this state, who shall be in the military service of Allowing soldiers the United States, either as a drafted person or volunteer, during the state to vote. the present rebellion, shall, when absent from this state because of such service, have the same right to vote, in any election of state officers, representatives in congress, and electors of president and vice-president of the United States, as he would have if present, at the time appointed for such election, in the town in which he resided at the time of his enlistment into such service. This provision shall, in no case, extend to persons in the regular army of the United States, and shall cease, and become inoperative and void, upon the termination of the present war. The general assembly shall prescribe, by law, in what manner and at what time, the votes of electors absent from this state, in the military service of the United States, shall be received, counted, returned, and canvassed. TITLE I. AN ACT FOR THE REGULATION OF CIVIL ACTIONS. CHAPTER I. OF PROCESS. Be it enacted by the Senate and House of Representatives, in General Assembly convened: Process must be SECTION 1. That the process in civil actions shall be by summons or attachment, in writing; the writ shall describe the parties and in writing, &c. the court, and mention the time and place of appearance; shall be accompanied with a declaration containing the cause of action, and How signed. shall be signed by the governor, lieutenant-governor, a senator, justice of the peace, commissioner of the superior court, or a judge, or clerk of the court to which it is returnable. Attachments may be granted against the goods and chattels of Attachments. the defendant, and for want thereof, against his lands, or against his person when not exempt from imprisonment on the execution in the suit. When the plaintiff prays out an attachment, a sufficient bond shall be given, conditioned to prosecute his action to effect and Bond.. answer all damages in case he make not his plea good; and if it shall appear to the authority signing the writ that he is unable to pay the cost of the suit, if a recovery should be had against him, he shall procure a surety in such bond of prosecution. If the plaintiff is not an inhabitant of this state, or if an inhabitant of this state, and it appears to the authority signing the writ that he is unable to pay Surety. the cost of the suit, if a recovery is had against him, then, whether the suit be a summons or attachment, he shall procure surety, in a bond, from some substantial inhabitant of this state, to prosecute his action to effect and answer all damages in case he make not his 1854. plea good. A bond of prosecution shall not be discharged by any Alteration of amendment or alteration of the writ or process, between the time of write, shall not discharge the signing such writ or process and the service of the same.* bond. SECT. 2. A bond for prosecution may be taken in the form following, viz: You, C. S. (or you C. S. as principal and E. C. as surety) acknowl-Form of bond. The plaintiff's own bond, when sufficient. Phelps v. Yeomans, 2 Day, 227. Whether the officer may be bondsman. Treat v. Carrington, 1 Root, 356. Bond, how changed. Rules, 18 C. R. 564. Motions for, when to be made. Rules, 18 C. R. 564. When material alteration will vitiate an attachment, and when not. Parsons v. Ely, C. R. 877; Peck v. Sill, 3 C. R. 157; Burrows v. Stoddard, 3 C. R. 431; Starr v. Lyon, 5 C. R. 638; Ward v. Curtis, 18 C. R. 290. Liability of recognizor for prosecution. Lockwood v. Jones, 7 C. R. 481; Parsons v. Non-resident plaintiff in replevin must procure surety. Fleet v. Lockwood, 17 C. R. 233. Distinction between mesne and final process. Bank of Hartford Co. v. Waterman, 98 C. R. 824. |