
    Porter and Others, Committees of Five Ecclesiastical Societies in Waterbury and Watertown, v. Blakely.
    Selectmen and committees cannot maintain actions in their own names, for lands granted or sequestered to their respective towns or societies, for the use of schooling.
    Action of trespass against tbe defendant for cutting timber on land given to said societies for tbe use of schooling of which the plaintiffs alleged they were seized and possessed, as tenants in common. Plea not guilty. Issue to the jury; who found the defendant guilty.
    The defendant moved in arrest of judgment — That by the plaintiffs’ own- showing it was not their land, but the land of the ecclesiastical societies which was trespassed upon.
    The plaintiffs contended — That by the statute entitled an act for appointing and éncouraging of schools, they were authorized and empowered to maintain the action in their own names and right.
    The statute . alluded to, is as follows, viz.— “ That the ■selectmen of towns in which there is but one ecclesiastical society, and the society’s committee where there are more than one society, for the time being, are empowered and directed to take care of all bonds, moneys, and lands, and all other estates that do belong to the schools in said towns and societies; and shall use and improve and dispose of the interest, profit and rents, arising on said moneys, lands, or other interest according to the true intent and meaning of the grant, gift or sequestration of them for the purpose aforesaid; and said selectmen, committee or committees, are authorized and empowered, to .lease the lands and loan the moneys, belonging ■to said schools, and to commence and prosecute such suit or suits, as may be necessary for the recovery and obtaining of such lands, moneys, and other estate, etc.”
    The question was- — -Whether, where a town or society is disseized of lands,-given or granted to them, for the use of schools, the action to recover the lands must be brought in the name of the town or society, or whether the statute enables the selectmen, or committees, toi sue in their own names, and declare upon a seisin in themselves.
   By the Court.

Tbe committees bave right by tbe statute to sue and prosecute, but it must be in tbe name of tbe town or society, to wbicb tbe estate belongs, and so in an action of trespass tbe property must be alleged to be in tbe town or society. Eor this cause judgment was arrested, but no cost allowed.

This point was adjudged at tbe adjourned Superior Court in New Haven, December Term, A. D. 1772, in an action brought in tbe name of tbe school committees of tbe several ecclesiastical societies in the town of Waterbury, demanding surrender of seisin! and possession of a piece of land, of wbicb said town was seized in fee for tbe use of tbe schools, in said several societies.

Two exceptions were taken to this declaration under a general demurrer. 1st. That tbe legal estate was in said town, and tbe action ought to bave been brought in tbe name of tbe town, and not in tbe names of tbe committees of said societies, to whom tbe use only belonged. 2d. That tbe committees of the several societies could not join in an action even for tbe use.

Judgment — 'That tbe declaration was insufficient, upon both exceptions.  