vision of this section, or who shall knowingly sign a false permit, or knowingly allow any false permit to be used in lieu of a permit required by this section, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. Approved, June 18, 1903. [House Bill No. 273.] CHAPTER 187. An Act concerning Tuition of Children in High Schools and those in which they Reside. Be it enacted by the Senate and House of Representatives in and approval of and academies of education. The state board of education may examine any incorporated Examination or endowed high school or academy in this state, and, if it high schools appears that said school or academy has a satisfactory high by state board school course of study and sufficient equipment for high school instruction, said board shall approve said school or academy under the provisions of chapter 138 of the general statutes, and any town in which a high school or academy is not maintained. shall pay the whole or a part of the tuition fee of scholars attending such school or academy, and such town shall be reimbursed therefor by the state under the terms and conditions of said chapter 138. Approved, June 18, 1903. [Senate Bill No. 171.] CHAPTER 188. An Act concerning the Support of Insane Paupers. Be it enacted by the Senate and House of Representatives in insane pauper Whenever any person shall have been committed to the state Maintenance of hospital for the insane as an indigent person, and it shall appear by town. upon application made to and hearing had by the probate court committing such indigent person, that the person legally obligated to pay for the support of such indigent person is unable to pay for such support, such indigent person shall thereupon be deemed to be a pauper, and the expense of his support, except such part as is paid by the state, shall be paid by the town in which he resided at the time of his commitment in the same manner as if he had been committed as a pauper. Approved, June 18, 1903. Returns by, and tax on, savings banks. [Senate Bill No. 176.] CHAPTER 189. An Act concerning Returns by and Tax on Savings Banks. Be it enacted by the Senate and House of Representatives in Section 2422 of the general statutes is hereby amended to read as follows: The treasurer of each savings bank shall, on or before the tenth day of January, annually, deliver to the comptroller a sworn statement of the amount of all its deposits, exclusive of surplus, on the first day of said month; also of the amount invested in any bonds issued by this state, or by any town or city in this state, in aid of the construction of any railroad, and which, by the statutes of this state, are exempt from taxation; also of the amount invested in certain corporate stocks, as provided in section 2334; also of the assessed value of all real estate assessed against said savings bank in the year preceding the first day of said January, together with a specific list of the same, and the amount of taxes paid or payable thereon during said year; and every savings bank shall pay to the state, one-half on or before the twentieth of January and one-half on or before the twentieth of July in every year, a tax on its corporate franchise, computed as follows: From the amount of its deposits, exclusive of surplus, shall be deducted fifty thousand dollars, and also the amount invested in any bonds issued by this state, or by any town or city in this state, in aid of the construction of any railroad, and which, by the statutes of this state, are exempt from taxation, and also the amount invested in certain corporate stocks as provided in section 2334; and the annual tax shall equal one-fourth of one per centum of the amount of its deposits remaining, less the amount of taxes payable by it upon its real estate in Connecticut during the year prior to the first day of said January; all of which real estate shall be assessed and taxed in the town or other taxing district within which it is located. Said state tax shall be in lieu of all other taxes upon savings banks, their deposits and surplus, except the aforesaid taxation upon their real estate. Approved, June 18, 1903. 1903.] REFERENCE OF NOMINATIONS OF INFERIOR COURT JUDGES. [House Bill No. 502.] CHAPTER 190. An Act concerning the Reference of Nominations of Inferior Be it enacted by the Senate and House of Representatives in ence. 147 Section fifty-six of the general statutes is hereby amended Inferior court judges; nomito read as follows: Every nomination made in either branch of nation; referthe general assembly for judge of any city, police, town, or borough court, shall be by the introduction of a resolution making such appointment, which resolution shall lie upon the table and be printed in the calendar of the house where it is introduced for three successive legislative days after its introduction, and shall thereupon be referred, without debate, to the joint standing committee on the judiciary. Approved, June 18, 1903. [House Bill No. 13.] CHAPTER 191. An Act concerning the Appointment of Assistant Town Clerks. Be it enacted by the Senate and House of Representatives in assistant town Section 1844 of the general statutes is hereby amended to Appointment of read as follows: Any town clerk may nominate an assistant clerk. town clerk, who, having been approved by one of the selectmen and taken the oath provided for town clerks, may, in the absence or inability of the town clerk, perform all his duties, except deciding upon the qualifications of electors. Said assistant town clerk shall give bond to the town in which he is appointed in such sum, not exceeding one thousand dollars, as the selectmen of such town shall order, with surety to their acceptance, conditioned for the faithful performance of the duties of his office. Approved, June 18, 1903. Injunction against injury [House Bill No. 495.] CHAPTER 192. An Act concerning Injunctions. Be it enacted by the Senate and House of Representatives in SECTION 1. Section 2599 of the general statutes is hereby to water supply. amended to read as follows: Whenever any land or building is so used, occupied, or suffered to remain, that it is a source of injury to the water stored in a reservoir used for supplying a town, city, or borough with water, or to any source of supply to such reservoir, or when such water is liable to pollution in consequence of the use of the same, either the authorities of such town, city, or borough, or the company having charge of said water, may apply to the superior court, or any judge thereof in vacation, in the county in which said. town, city, borough, or company is located, for relief; and said court or judge may order the removal of any building, enjoin any use or occupation of any land or building or of said water which is detrimental to said water, or make any other order, temporary or permanent, which in its or his judgment may necessary to preserve the purity of said water. Said town, city, borough, or company may, by its officers or agents, duly appointed, for such purpose, at all reasonable times, enter upon and inspect any premises within the watershed tributary to such water supply, and, in case any nuisance shall be found thereon which pollutes or is likely to pollute such water, may abate such nuisance at its own expense after reasonable notice to the owner or occupant of said premises, and upon his neglect or refusal to abate the same; but such town, city, borough, or company shall be liable for all unnecessary or unreasonable damage done to said premises. Power to take lands and streams. SEC. 2. Section 2600 of the general statutes is hereby amended to read as follows: Any city, town, borough, or corporation authorized by law to supply the inhabitants of any city, town, or borough with pure water for public or domestic use may take and use such lands, springs, streams, or ponds, or such rights or interests therein, as the superior court, or any judge thereof in vacation, may, on application, deem necessary for the purposes of such supply. For the purpose of preserving the purity of such water and preventing any contamination thereof, such city, town, borough, or corporation may take such lands or rights as the superior court, or any judge thereof in vacation, may, on application, deem necessary therefor. Compensation shall be made to all persons entitled thereto in the manner provided by section 2601. 1903.] SURVIVAL OF CIVIL ACTIONS AND CAUSES OF ACTION. 149 Compensation SEC. 3. Section 2601 of the general statutes is hereby for property amended to read as follows: In all cases where the law requires taken. compensation to be made to any person whose rights, interests, or property are injuriously affected by said orders, such court or judge shall appoint a committee of three disinterested freeholders of the county who shall determine and award the amount to be paid by such authorities before such order is carried into effect. Approved, June 18, 1903. [Senate Bill No. 29.] CHAPTER 193. An Act concerning the Survival of Civil Actions and Causes of Action. Be it enacted by the Senate and House of Representatives in not lost by SECTION 1. No cause or right of action shall be lost or Cause of action destroyed by the death of any person, but shall survive in favor death of party. of or against the executor or administrator of such deceased person. abate because SEC. 2. No civil action or proceeding shall abate by reason Action shall not of the death of any party thereto, but may be continued by or of death of against the executor or administrator of such decedent. In party. case of the death of any party plaintiff, his executor or administrator may enter within six months thereafter, and prosecute the suit in the same manner as his testator or intestate might have done if he had lived; and in case of the death of any party defendant, the plaintiff may have a writ of scire facias against said decedent's executor or administrator to show cause why judgment should not be rendered against him, which shall be served at least twelve days before the day upon which it is returnable, and upon its return the action may proceed. which this act SEC. 3. The provisions of this act shall not apply to any Actions to cause or right of action or to any civil action or proceeding the does not apply. purpose or object of which is defeated or rendered useless by the death of any party thereto; nor to any civil action or proceeding whose prosecution or defense depends upon the continued existence of the persons who are plaintiffs or defendants; nor to any civil action upon a penal statute. SEC. 4. In all actions surviving to or brought by an ex- Actions for injuries resulting ecutor or administrator for injuries resulting in death, whether in death. instantaneous or otherwise, such executor or administrator may recover from the party legally in fault for such injuries just damages not exceeding five thousand dollars; provided, that no |