166

Power of the
fheriffs.
Liable for
neglect of
duty.
City to an-

fwer in cafe of

inability, &c.

Sheriffs to give bond, &c.

On failure a

new one to be

chofen.

To chufe a treafurer.

Jurifdiction.

To have the

executions

Appeals to

New-Haven Citty.

And be it further enacted by the Authority aforesaid, That the Sheriffs of said City fhall feverally within the Limits of faid City, have the fame Powers and Authorities, and be liable to the fame Suits or Penalties for neglect of Duty in any Cafe whatever, to all Intents and Purposes, as Sheriffs by Law Dow have and are; and the faid City fhall be liable to anfwer in cafe of the Inability of faid Sheriffs, or either of them, for the Default of faid Sheriffs, in all Cafes relative to their Office.

And faid Sheriff's fhall feverally give Bond with Sureties, in fuch Manner as by the Bye-Laws of faid City shall be directed, for a faithful Discharge of the Duties of that Office, before they fhall be capable of executing the fame. And cafe either of the Perfons chofen Sheriff thall not give Bond with Sureties, according to the Bye-Laws of faid City, the faid City may proceed to chufe another Sheriff in his Room.

And the faid City in legal Meeting affembled, fhall chufe a Treasurer for faid City, to continue in Office during the Pleafure of faid City, who shall have the fame Powers within faid City as Town-Treasurers now by Law have, and fhall be accountable to faid City.

A city court And be it further Enacted, That there fhall be holden monthly, on the fecond to be held Tuesday of every Month, in faid City, a City Court; which Court fhall have monthly. Power to adjourn from Time to Time, and fhall have cognizance of all Civil Caufes Power to ad- where the Title of Land is not concerned, by Law cognizable by the County journ. Courts in this State, provided the Cause of Action arife within the Limits of faid City, and one or both the Parties live within faid City; and the faid City Court fhall, as to the Caufes by them Cognizable, to all Intents and Purposes, fame powers, have the fame Powers and Authorities, and proceed in the fame Manner and &c. as county grant Executions, as faid County Courts now or hereafter by Law fhall have, courts, and proceed and grant; and the Executions granted by faid City Court fhail be ferved, &c. as ferved and returned in the fame Manner as the Executions granted by the faid thofe from the County Courts, and Appeals fhall be allowed to either Party, from the Judgcounty court. ment or Determination of faid City Court, to the next Superior Court to be holden in the County of New-Haven, in all Caufes in which an Appeal is now or hereafter by Law fhall be allowed from the faid County Courts; the prevailing Party however, if Plaintiff, may, fuch Appeal notwithstanding, take out Execution on fuch Judgment for the Debt or Damages and Coft recovered in fuch City Court, against the Defendant or Defendants, and levy the faid Execution, and collect the Money thereon; provided he does previous to his taking out faid Execution, become bound with two fufficient Sureties before the Mayor of faid City, or one of the Judges of faid City Court, in a Recognizance (which bond be given. Recognizance the Mayor of faid City and the Judges of faid City Court, are respectively impowered to take) in double the Sum of faid Judgment, that he will, within one Week after final Judgment on the Appeal, refund fo much of the Judgment of the faid City Court, together with the Intereft thereof, as fhall on No appeal to fuch Execution be collected, and fhall not be by him recovered before the Court to which the Appeal is taken, together with the Execution Fees that shall accrue, and be paid by the Defendant on faid Execution, and no Appeal shall be allowed on any Suit commenced on fuch Recognizance.

be allowed.

The prevail ing party if, &c. may take out executi

on, &c.

Provided

be allowed

on a fuit on fuch bond.

tiff lives

And in every Action brought before faid City Court, in which the Plaintiff If the plain- lives without the Limits of faid City, or is a Mariner or Seaman fuing for Wages due to him for Services in his Occupation, and the Defendant lives withwithout the in the Limits of faid City, no Appeal fhall be allowed the Defendant, unless city, no apthe Matter in Demand exceed the Sum of Fifty Pounds lawful Money: but if peal allowed the defendant the Matter in Demand exeeed faid Sum, an Appeal fhall be allowed the Dewithin, un. fendant in the fame Manner and under the fame Regulations as Appeals are allowable in other Caufes cognizable by faid City Court. And no Writ of Error brought upon any Judgment of faid City Court fhall be a Superfedeas.

lefs, &c.

New-Haven City.

167

And faid City Court fhall have full Power to appoint and fwear a Clerk for faid Court, to continue in Office during the Pleasure of faid Court; which Eity courts to Clerk fhall, as to all Matters relative to his Office as Clerk of faid Court, have appoint and the fame Powers and Authorities, to all Intents and Purposes, as the Clerks fwear a clerk. of the County Courts in this State by Law have; and the Oath to be taken by

the faid Clerk, fhall be the fame mutaris mutandis, provided by Law, to be ta. His powers. ken by the Clerks of said County Courts of this State.

or in his abfence the fenior affiftant

And the Mayor of said City, or in his Abfence, the fenior affistant Judge of The mayor, faid City Court, may, at the special inftance of, and Coft of any Perfon mov ing therefor, hold a fpecial City Court, at fuch Time and Place within faid City, as the Mayor or judge ordering the fame fhall appoint; which Court judge may fhall proceed in the fame Manner, have the fame Powers and Authorities, and call a fpecial in all Respects be under the fame Regulations as the flated City Courts of faid court, City; and all the taxable Fees of faid City Court, shall be the fame as the Fees. taxable Fees of the County Courts of this State.

And be it further enacted, That the Mayor of faid City for the Time being, Mayor &two and the two Aldermen first chosen at the annual Meeting of faid City, or at aldermen rib their first Meeting, fhall compofe the faid City Court, and be the Judges there- chofen to be the judges. of; and the Mayor fhall be the chief Judge of faid court, and the faid two Aldermen shall be the Affiftant judges of faid court, any two of whom, in the who ta be Abfence of the other, taking to their Alfitance the fenior Alderman present that judges, in is not a Judge of faid court, or if neither of the Aldermen that are not Judges of cafe of ab faid court can attend, one of the Juftices of the Peace within and for the county fence, &c. of New-Haven, refident within said city, shall have Power to hold a city court.

then to take,

&c.

And if at any city court there shall be but one Judge prefent, he fhall take If but one to his Affiftance the other two Aldermen of faid city, and in cafe one or both of judge prefent them cannot attend, he shall take one or two of the Juftices of the Peace, as the cafe may require, of the county of New-Haven, refident within the faid city, and they three fhall have the fame Power to hold a city court, as the Judges of faid city court have.

aldermen to

And be it further enacted, That the Mayor and Aldermen of faid city, shall Mayor and leverally, within the Limits of faid city, have cognizance of all civil caufes by have cogniLaw cognizable by a Juftice of the Peace, provided the caufe of Action arife zance of civil within the Limits of faid city, and one or both the Parties live within the causes in the fame: And the said Mayor and Aldermen fhall, as to the causes by them fever- city. ally cognizable, have the fame Powers and Authorities, and proceed in the fame Same power Manner as Juftices of the Peace, now, or hereafter, by Law fhall have and proceed. as juftices. And an Appeal shall be allowed from the Judgment or Determination of faid Mayor and Aldermen, in any caufe by them cognizable feverally, to the next lowed to the Appeal alcity court to be holden within faid city, in all caufes in which an Appeal is next city now or hereafter shall be allowed from the Judgment of a Juftice of the Peace; court. the prevailing Party however, if Plaintiff, may, fuch Appeal notwithstanding, take out Execution on fuch Judgment, provided he gives Bond before the Mayor of faid city, or one of the Judges of faid court, in the fame Manner as is provided in cafes of Appeal from faid city court.

without, or is

And in every Action brought before the Mayor or either of the Aldermen Where the of faid city, in which the Plaintiff lives without the Limits of faid city, or in plaintiff lives which the Plaintiff is a Mariner or Seaman fuing for Wages due to him for a mariner, &c Services in his Occupation, and the Defendant lives within the Limits of faid no appeal, city, no Appeal fhall be allowed the Defendant.

And the taxable Fees in all caufes cognizable by the Mayor, or by one of Taxable fees, the Aldermen of faid city feverally, fhall be the fame as the taxable Fees in &c. like Cafes, before Juftices of the Peace: And the Proceffes in all Actions Proceffes the brought to faid City Court, fhall be the fame as the Precefles to the County fame as to Courts in this State; and the Proceffes in all Actions brought before the the county

A a

court.

168

By whom
figned,
and ferved.

Bonds for

profecution, So.

New-Haven City.

Mayor or one of the Aldermen of faid city, fhall be the fame as the Processes in Actions brought before a Justice of the Peace, and be figned by the Governor, Lieutenant-Governor, or one of the Affiftants of this State, or by a Judice of the Peace, within and for the county of New-Haven, or by the Mayor or ope of the Aldermen of faid city, or the clerk of faid city court, and shall be ferved by a Sheriff, Deputy-Sheriff, or conftable to whom directed, according to the Laws of this State, and the Provifions of this Act. And all Bonds for Profecution taken by any of faid Officers hereby impowered to fign Writs, Fill be good and effectual in Law. And Bonds for Profecution, fpecial Bail, and Bonds for Appeal, shall be taken to the adverie Party: Provided nevertheless, except, c. That no Wiits, (Executions excepted) or Procefs, figned by the Mayor, or either of the Aldermen, fhall be of any Effect without the Limits of faid city. And be it further enacizd by the Authority aforefaid, That the faid Mayor, Jurymen how Aldermen and common council, fhall on the firft. Monday of July annually, meet, and fhall then chufe One Hundred and Forty-four Freemen of faid city, to ferve as jurors at faid city court, and shall return the Names of said Jurors, under the Hand of the Mayor of faid city, if prefent, or in cafe of his Ablence, Names of the under the Hand of the fenior Alderman prefent at fuch Meeting, to the clerks of faid city court, who shall write each Juror's Name thus chofen, fairly on a separate Piece of Paper, and roli up and put the fame into a Box, which he shall provide and keep for that Purpofe; and whenever either of the Sheriffs of faid write the ju- city thall receive a Warrant from the clerk of the city court, to fummon a

and when chofen.

jurors to be

returned to, &c.

Clerk to

rors names

on, &s.

Jurors how

drawn.

Terors neg

fecting to at

tend,

If not a complete pannel, others drawn,

Jury to appear before faid court, the Sheriff receiving fuch Warrant, taking with him one of the Aldermen of faid city, fhall repair to the faid clerk's Of fice, and there, in the Presence of said Alderman and clerk, thail take out of faid Box twelve of laid Papers, and the Perfons whole Names shall be found written therein, fhall be fummoned to appear before the court, to which the Warrant is returnable, to serve as Jurors; and in case of neglecting to attend, fhall be liable to fuch Penalties as fhall by the Bye-Laws of faid city be inflicted for fuch Neglect; and in cafe a compleat Pannel fhall not attend, or in cafe any fhall be challenged or excufed, the Sheriff attending faid court thail fupply fuch Deficiency, by drawing in the Prefence of the court, others out of faid Box, and fummoning them to attend and serve, until the Pannel fhall be complete; and the Names of fuch Jurors as do not attend, or are excused, shall be returned into the Box, and be liable to be drawn again. And the Oath to be taken by faid Jurors, shall be the fame as is by Law provided to be taken by Jurors in civil Actions. And the Name of each Juror that attends any The name of city court and ferves, shall be again written on a separate Piece of Paper, each juror at- and fhall be rolled up and put into another Box, which the clerk of faid court tending, &c. fhall provide for that Purpose, and fhall be liable to be drawn again, in case there fhall not, by Reason of Death, Removal, or other caufe, be a Sufficiency drawn again. in the other Box, to complete the Pannels for that Year, in which they are chofen to serve.

& c.

jurors not at-
tending, &c.
Jurors oath
to be, &c.

Liable to be

The city to chufe a clerk.

And the faid city may choose a clerk of faid city, who shall make true and regular Entries of all the Votes and Proceedings of faid city, and the Records by him kept fhall be of the fame Validity in Point of Evidence, in any court of Law in this State, as the Records of Towns are.

And be it enacted by the Authority aforefaid, That the faid Mayor, AlderThe mayor, &c. to lay men, and common council, be, and they are hereby empowered to lay out out highways new Highways, Streets and public Walks for the Ufe of faid city, or to al&. or alter ter thofe already laid out in faid city, and to exchange Highways for Highthofe already ways, or to fell Highways for the Purpose of purchafing other Highways, taking the fame Meatures in all Refpects, as are directed by the Laws of this State to be taken, in cafe of Highways laid out by the Select-men for the Ufe of their Towns, and the Party aggrieved by the laying out of fuch Streets of

Laid out, &c.

New-Haven City.

Highways, may have the fame Remedy by Application to the County Court, as is by Law provided in cafes of Highways laid out by Select-men.

Power to

169

green, S. E.

walk.

And faid City shall have Power to exchange that Part of the Green in faid exchange or New-Haven, lying North-westerly of the public Buildings, for other Land for fell the N. W. Highways, or another Green, and to fell and difpofe thereof for the fame Purs part of the pole; and that Part of laid Green lying on the South-easterly Side of faid public fide to remain Buildings, fhall forever be and remain a common or public Walk, and never a publick be able to be laid out in Highways, or appropriated to any other Purpose. And be it enacted by the Authority aforesaid, That in cafe any Sheriff, Deputy-Sheriff or Conftable, thall not ferve a Writ directed to, and received by him, that is returnable to faid City court, or fhall neglect to make Return of faid City court Writ, or fhall make falfe or undue Return thereof, and a Suit shall for fuch De- may fine shefault, be brought against him to the faid city court by the Perfon or his Ex. riffs, &c. ecutor or Adminiftrator, in whofe Favour faid Writ iffued, and the Defendant

ty treasurer.

If the defen- i dant lives in the city, the

be found in Default; the faid court, over and above awarding juft Damages Fines to be to the Plaintiff, may, on faid Suit, fet a fuitable Fine upon the Defendant, ac- paid to the ei cording to the Nature of the cafe, and may iffue Execution for fuch Fine;. which Fine fhall be to the Treasurer of faid city, to and for the Ufe of said city. And in all cafes wherein the Defendant who is fued to the faid city court, lives within the Limits of faid city, the Writ fhall be ferved upon him at least fix Days before the Day of the fitting of the court to which the Writ is return- writ to be able; but if the Defendant lives without the Limits of faid city, the Writ ferved 6 days hall be ferved at least twelve Days before the fitting of faid court; and all before court Writs returnable to faid city court, fhall be returned to the clerk of faid &c. if with court on the Day of the fitting of faid court, and before the first opening of faid court.

And the Writs that are returnable before the Mayor or either of the Aldermen, fhall, if the Plaintiff and Defendant both live within the Limits of, or, it the Plaintiff lives without and the Defendant lives within the Limits of faid city, or if the Plaintiff be a Mariner or Seamen fuing for Wages due to him for Services in his Occupation, and the Defendant lives within the limits of faid city, be ferved upon the Defendant at least three Days before the fitting of the court to which it is returnable; but if the Defendant lives without the limits of faid city, the Writ fhall be ferved upon the Defendant at least fix Days before the fitting of the court to which it is returnable.

out 12 days.

Writs return

able before the mayor,&c

Mayor, &c.

And be it further enacted, That the Mayor, Aldermen, Sheriffs, common council and clerk of faid city, fhall be fworn to a faithful Difcharge of their to be fworn. Duty and the Form of the Oath to be taken by the Mayor of faid city, fhall befollows, viz.

oath.

του being elected Mayor of the City of New-Haven, do fwear by the Name of the Everliving God, that you will, without any Partiality, ina - Form of the rently adminifter Justice, according to Law, without respect of Perjons, take no Bribe, give no Counjel in any Matter that shall come before you, nor deny Right to any, but well and truly perform your Office of Mayor of jaid City, according to your beft Shill. So help you GOD.. And the Form of the Oath to be taken by the Aldermen of faid city, thall Aldermen to be the fame mutatis mutandis as is prescribed by Law to be taken by Justices of besworn.

the Peace.

And the Form of the Oath to be taken by the common councilmen of faid city, fhall be as follows, viz.

rou

being elected a Common Council-man for the City of New-Haven, Form of an for the Year enjuing, Do fwear by the Name of the Everliving God, that you oath. will faithfully and uprightly discharge the Duties of that Office, io long as you fall bold the fame. So help you GOD.

170

Sheriffs to

New-Haven City.

And the Form of the Oath to be taken by the Sheriffs of faid City, fhall be take an oath the fame prefcribed by Law to be taken by the Sheriffs mutatis mutandis. And the Form of the Oath to be taken by the Clerk of said city, shall be as follows, viz.

Clerk's oath

By whom adminiftred.

Certificate to be given,

and recorded.

Power to

moke byeLaws.

being chofen Clerk of the City of New-Haven, Do fwear by the Name of the everliving GOD, that you will truly and faithfully attend and execute the Place and Office of Clerk of laid City, according to your best Skill, and make true Entries and Records of all the Votes and Proceedings of faid City, and fuch other Matters as by Law, or the Bye-Laws of faid City, are to be recorded in your Office; and that you will deliver true Copies of the Records in your Hands, when they shall be required of you, taking only your lawful Fees So help you GOD.

Which Oaths may be administered by any Affiftant of this State, or Juflice of the Peace within and for the County of New-Haven, or by the Mayor, or either of the Aldermen of faid City; provided the Mayor or Alderman administering fuch Oath hath been fworn according to this Act.

And the Perfon adminiftering the Oath prefcribed by this A&t, fhall have a Certificate thereof under his Hand, to the Officer to whom he administers fuch Oath, which Certificate fhall be recorded in the Records of faid City, before the Perion to whom it is given fhall be capable of executing the Office to which he is chofen.

And be it further Enacted, That there shall be a Court of Common Council of faid City, of which the Mayor, Aldermen, and Common Council of faid City fhall be Members, who, or the major Part of them, hall have Power to make Bye-Laws, relative to Markets and Commerce within the limits of said City relative to Perfons fummoned to ferve as Jurors at faid City Court, and neglecting to attend or refusing to ferve; relative to the Streets and Highways of faid City; relative to Nufances in faid City Limits; relative to their Wharves, anchoring and mooring of Veffels; relative to Trees planted for Shade, Ornament, Convenience, or Ufe, public or private, and to the Fruit of fuch Trees; relative to Trefpaffes committed in Gardens; relative to public Walks, and Buildings public or private; to the fweeping of Chimnies, and preventing faid City from Fire; relative to Forms of Oath to be taken by the Treasurer of faid City, and Inspectors of Produce brought to faid City for Sale or Exportation; relative to the Manner of warning Meetings of faid City and the Court of Common Council, and the Time when and Place where they fhall be holden; relative to the Qualifications in Point of Property of the Mayor and Aldermen; relative to the Bonds to be given by the Sheriffs of faid City. for a faithful Difcharge of their Duty; relative to the Penalties to be incurred by those, who, being chosen to any City Office, (and not being excused by the City) hall refufe to ferve; relative to a City Watch; relative to the burial of the Dead; relative to the public Lights and Lamps of faid City; relative to reftraining Geefe and Swine from going at large within the Limits of faid City; and relative to the Mode of Taxation as to Taxes levied by faid City; and to inflict Penalties for the Breach of fuch Bye-Laws: Provided however, that fuch Penalties hall in no Cafe exceed Ten Pounds lawful Money ; and faid Penalties fhall be to fuck Perfons as the Bye-Laws of faid City shall direct, and be recoverable by the Perfons to whom forfeited, by Action of Debt brought to the City Court of said City, in which Action no Appeal or Review fhall be allowed: Provided however, that no Bye-Laws of faid City fhall be made repugCatching of nant to the Laws of this State. And the catching of Fish and Oysters within the Limits of faid City, shall not be liable to be regulated, or in any way af fected by the Bye-Laws of faid City.

To inflict pecuniary penalties, not exceeding 10l.

Penalties to be fo, &c. Recovered

by, &c.

No appeal. Provifo.

ih, &c.

And provided alfo, That all the Bye-Laws made by faid Court of Com