THIS was a writ of error to the Supreme Court of Errors for the state of Connecticut.
The defendant in error filed its petition in the Superior Court, holden at Hartford, for an injunction restraining the town of East Hartford (plaintiff in error), its servants, agents, &c., from the use of a certain ferry over the Connecticut River, and from receiving tolls, &c. Upon the hearing of the cause on petition, answer, and the report of a committee appointed to inquire into the facts, the injunction was granted; and upon being carried to the Supreme Court of Errors, the decree of the court below was affirmed. Whereupon the case was brought here by writ of error, under the twenty-fifth section of the Judiciary Act.
The report of the committee was as follows, omitting the documents referred to therein, and which were appended to the report:--
'To the Honorable Superior Court, to be holden by adjournment at Hartford, in and for the County of Hartford, on the second Tuesday of June, A. D. 1843:
'At an adjourned term of said court, holden at said Hartford on the 1st day of May, 1843, upon a bill in equity then and there pending before said court, in which bill the Hartford Bridge Company is complainant, and the town of East Hartford and Samuel Brewer, of said town of East Hartford, are respondents, the subscribers were appointed a committee to find and report to said court, at an adjourned session thereof, to be holden at Hartford aforesaid, on the second Tuesday of June, 1843, the facts in said bill, and the answer thereto. And having duly notified the parties of the time when, and the place where, we would meet and hear them in relation to the facts in said bill and answer contained, we, in conformity with said notice, met the parties on the 6th day of June instant, at the city court-room in the said town of Hartford, and, having been first sworn according to law, fully heard them, from day to day, by their counsel and with their testimony and witnesses, and now find and report the facts following, viz: That in the month of December, 1681, the town of Hartford passed a vote regulating the tolls to be taken at the ferry over Connecticut River, between said town of Hartford and what is now the town of East Hartford; which appears by a copy of said vote hereunto attached, and marked A. That on the 31st day of March, 1682, said ferry was, by said town of Hartord, leased to Thomas Cadwell for the term of seven years; a copy of which lease is attached hereunto, marked B. That on the 13th day of December, 1687, said lease was renewed to the same Thomas Cadwell for the further term of seven years; a copy of which renewal is attached hereunto, and marked C. That on the 27th day of December, 1694, said town of Hartford chose a committee to contract with some person to take the ferry upon the best terms in their power; of which vote a copy is attached hereunto, marked D. That on the 15th day of January, 1695-6, said committee engaged the said Thomas Cadwell to take the ferry aforesaid for seven years; of which lease a copy is hereunto attached, marked E. That at the session of the legislature in October, 1695, the tolls to be taken, both at the Hartford and Windsor ferries, were regulated by law, as will appear by an act in the edition of statutes, 1695. That the tolls or fares to be taken at the Hartford ferry were regulated by legislative enactments, as appears in the edition of statutes, 1808. That from the year 1681 until October, 1783, said ferry continued to be the franchise of said town of Hartford, and during that period was used and enjoyed as such by the town of Hartford alone; but that the legislature, at their session in October, 1783, incorporated the town of East Hartford, granting to said town of East Hartford one half of said ferry during the pleasure of the General Assembly; a copy of which act is hereunto attached, marked F.