Repeal. preceding, has declared or paid any dividend to its stockholders or members. SEC. 2. Section 4399 of the general statutes, chapter 176 of the public acts of 1905, and chapter 210 of the public acts of 1909 are hereby repealed. SEC. 3. This act shall take effect January 1, 1912. Entries and memoranda of persons afflicted with in sanity or mental [Substitute for House Bill No. 684.] CHAPTER 175. An Act concerning the Evidence of Insane Persons and Be it enacted by the Senate and House of Representatives in SECTION 1. In the trial of any civil action in which any party thereto is, at the time of said trial, insane or unable disease, made be- to testify by reason of incurable sickness, failing mind, old mental dis age, infirmity, or senility, the entries and memoranda of such party, made while sane, relevant to the matter in issue, may be received as evidence. fore such insanity or ease admissible as evidence. Entries and mem- Courts to deter mine the applica SEC. 2. Whenever the entries and memoranda of any such insane person or person unable to testify would be admissible, under the provisions of section one of this act, in his favor in any action to which he is a party, such entries and memoranda may be admitted in favor of any person claiming title under or from such insane person or person unable to testify. SEC. 3. The court shall determine, upon competent evition of this act. dence, as a preliminary question of fact, whether the provisions of this act apply to any party or parties to any action on trial before it. Approved, August 9, 1911. [Substitute for House Bill No. 334.] CHAPTER 176. An Act amending an Act concerning Headstones at Be it enacted by the Senate and House of Representatives in headstones for American war. Chapter 34 of the public acts of 1909 is hereby amended Providing for by inserting after the word "war" in the second line thereof, graves of veterans the words "or the Spanish-American war", so that said sec- and Spanishtion as amended shall read as follows: When the grave of any soldier who served in a Connecticut volunteer regiment during the late civil war or the Spanish-American war, whereever the same may be located, is unmarked by a suitable headstone, or is marked only by a bronze marker erected by this state or by a marker furnished by the United States government, the acting quartermaster-general shall, upon proper application, cause to be erected at such grave a headstone of the same quality and character and under the same conditions as are provided in section 2882 of the general statutes. Approved, August 9, 1911. [Substitute for Senate Bill No. 8.] CHAPTER 177. An Act amending an Act concerning the Appointment of Be it enacted by the Senate and House of Representatives in powers of com SECTION 1. Section one of chapter 183 of the public acts Terms and of 1909 is hereby amended by striking out all of said sec-missioners of the tion after the word "depositions" in the sixth line thereof and superior court. inserting in lieu thereof the words "and acknowledgments of deeds. The terms of all commissioners of the superior court holding office at the time this act takes effect, unless sooner terminated by operation of law, and the terms of all commissioners of the superior court appointed after this act Repeal. takes effect and before February 1, 1912, shall expire on that date. The terms of all commissioners of the superior court appointed after February 1, 1912, shall be for two years from the first day of February of the year in which they are appointed, unless sooner removed by the court for cause", so that said section as amended shall read as follows: The superior court in any county may appoint any number of persons residing therein, and any attorney-at-law residing in this state and having an office in such county, to be commissioners of the superior court, who, when sworn, may, within the state, sign writs and subpoenas, take recognizances, administer oaths, and take depositions and acknowledgments of deeds. The terms of all commissioners of the superior court holding office at the time this act takes effect, unless sooner terminated by operation of law, and the terms of all commissioners of the superior court appointed after this act takes effect and before February 1, 1912, shall expire on that date. The terms of all commissioners of the superior court appointed after February 1, 1912, shall be for two years from the first day of February of the year in which they are appointed, unless sooner removed by the court for cause. SEC. 2. Chapter 124 of the public acts of 1905 is hereby repealed. Approved, August 8, 1911. Jury dockets and jury trials. [Senate Bill No. 353.] CHAPTER 178. An Act amending an Act concerning Dockets of Civil Cases. Be it enacted by the Senate and House of Representatives in SECTION 1. Section 720 of the general statutes is hereby amended to read as follows: In the superior court, court of common pleas, district court of Waterbury, and in city courts, dockets shall be kept of all cases, and in such dockets immediately following the names of the parties and their attorneys in all jury cases shall be entered the word "jury". The following-named classes of cases shall be entered in the docket as jury cases upon the written request of either party made to the clerk within thirty days after the return day, to wit: Appeals from probate involving the validity of a will or paper purporting to be such, appeals from the doings of commis- SEC. 2. Section one of chapter 56 of the public acts of Repeal. 1905 and chapter 228 of the public acts of 1909 are hereby repealed. Approved, August 8, 1911. [Substitute for Senate Bill No. 32.] CHAPTER 179. An Act amending an Act concerning the Duties of the Be it enacted by the Senate and House of Representatives in to advise and heads of execu or state boards Section 146 of the general statutes is hereby amended by in- Attorney-general serting after the word "branches" in the twenty-fourth line give opinions to thereof the words "He shall advise or give his opinion to tive departments the head of any executive department or any state board and commissions or commission upon any question of law submitted to him", upon request. so that said section as amended shall read as follows: The attorney-general shall have general supervision over all legal matters in which the state is an interested party, except those legal matters over which prosecuting officers have direction. He shall appear for the state, the governor, the lieutenantgovernor, the secretary, the treasurer, and the comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, librarian, committees, auditors, chemists, directors, harbor masters, and institutions, in all suits and other civil proceedings, excepting upon criminal recognizances and bail bonds, in which the state is a party or is interested, or in which the official acts and doings of said officers are called in question in any court or other tribunal, as the duties of his office shall require; and all such suits shall be conducted by him or under his direction. When any measure affecting the state treasury shall be pending before any committee of the general assembly, such committee shall give him reasonable notice of the pendency of such measure, and he shall appear and take such action as he may deem to be for the best interests of the state, and he shall represent the public interest in the protection of any gifts, legacies, or devises intended for public or charitable purposes. All legal services required by such officers and boards in matters relating to their official duties shall be performed by the attorneygeneral or under his direction. All writs, summonses, or other processes served upon such officers shall, forthwith, be transmitted by them to the attorney-general. All suits or other proceedings by them shall be brought by the attorneygeneral or under his direction. He shall, when required by either branch of the general assembly, give his opinion upon questions of law submitted to him by either of said branches. He shall advise or give his opinion to the head of any executive department or any state board or commission upon any question of law submitted to him. He may procure such assistance as he may require. Whenever any petition for divorce shall have been referred to any committee of the general assembly, such committee may give to the attorney-general reasonable notice of all hearings on such petition, and he shall thereupon take such action as he shall deem to be just in the premises, and he shall appear before such committee in such cases whenever in his opinion justice so requires. Approved, August 8, 1911. |