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Power of the And be it further enaded by the Authority afortfaid, That the Sheriffs of faid theriffs.

City shall severally within the Limits of faid' City, have the same Powers and Liable for neglect of

Authorities, and be liable to the fame Suits or Penalties for negled of Duty in dury. any Case whatever, to all Intents and purposes, as Sheriffs by Law bow hare City to an and are ; and the laid City shall be liable to answer. in case of the Inability of fwer in case of said Sheriffs, or either of them, for the Default of said Sheriffs, in all Cases seinability, &c. lative to their Office.

And said Sheriff's shall severally give Bond with Sureries, in fuch Mannes as Sheriff's to give bond,

by the Bye-Laws of said City shall be directed, for a faithful Discharge of the &c.

Duties of that Office, before they shall be capable of executing the fame. On failure a case either of the Persons cħolen Sheriff shall not give Bond with Surecies, new one to be according to the Bye-Law's of said City, the laid City may proceed to chale chosen.

another Sheriff in his Room.

And the faid City in legal Meeting assembled, Mall chufe a Treasurer for To chufe a treasurer.

faid City, to continue in Office during the Pleasure of said City, who fall have the same Powers within said City as Town-Treasurers now by Law have; and

shall be accountable to said City. A city coure

And be it further Enacted, That there shall be holden monthly, on the second to be held Tuesday of every Month, in said City, a City Court; which Conrt shall have monthly. Power to adjourn from time to Time, and shall have cognizance of all Civil Causes 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 Axion arise within the Limits of Jurisdiction.

said City, and one or both the Parves live within said City; and she faid City To have the Court shall, as to the Causes by them Cognizable, to all intents and purposes, fame powers, have the same Powers and Authorities, and proceed in the fame Manner and Souras county grant Executions, as said County Courts now or hereafter by Law fhall have, courts, executions

proceed and grant ; and the Executions granted by faid City Court fhail be served, &c. as

lerved and returned in the same Manner as the Execacions granted by the faid those from the County Courts, and Appeals shall be allowed to either Party, from the Judgcounty court. ment or Determination of said City Court, to the next Superior Court io be Appeals to

holden in the County of New Haven, in all Caoses in which an Appeal is now be allowed. or hereafter by Law shall be allowed from the said County Courts ; the revail

ing Party however, if Plaintiff, may, fuch Appeal notwithstanding, take out itke prevail Execution on such judgment for the Debt or Damages and Colt recovered in &c. may take such City Court, against the Defendant or Defendants, and levy the laid Exeout executi-cution, and collect the Money thereon ; provided he does previous to his taking on, &c. out said Execution, become bound with owo fufficient Sureties before the Mayor

of said City, or one of the Judges of said City Court, in a Recognizance (which Provided bond begiven. Recognizance the Mayor of faid City and the Judges of said City Coart, are

respectively impowered to take) in double the Sum of said Judgment, that he will, within one week after final Judgment on the Appeal, refind so much of the

Judgment of the said City Court, together with the Intereft thereof, as fhall on No appeal to such Execution be collected, and shall not be by him recovered before the Court be allowed on a suit on

to which the Appeal is taken, together with the Execution Fees that shall accrue, Such bondo and be paid by the Defendant on said Execution, and no Appeal hall be al.

lowed on any Suit commenced on such Recognizance.

And in every Action brought before said City Court, in which the Plaintiff If the plain- lives without the Limits of said City, or is a Mariner or Seaman suing for ciff lives Wages due to him for Services in his Occupation, and the Defendant lives with. without the

in the Limits of said City, no Appeal shall be allowed the Defendant, unless city, no ap. che Matter in Demand exceed the sum of Fifty Pounds lawful Money: but if the defendant the Matter in Demand exeeed said Sum, an Appeal shall be allowed the De. within, un. fendant in the same Manner and under the same Regulations as Appeals are lels, &c. allowable in other Causes cognizable by said Cicy Court. And no Writ of

lirror brought upon any Judgment of said City Court shall be a Superjedeas,

New-Haven City.

167

&c.

And faid City Court shall have full Power to appoint and twear a Clerk for faid Court, to continue in Office during the Pleasure of said Court ; whicb City courts to Clerk fhall, as to all Matters relative to his office as Clerk of said Court, have appoint and the same Powers and Authorities, to all Intents and purposes, as the Clerks fwcar a clerk. of the County Courts in this state by Law have; and the Oath to be taken by the faid Clerk, thall be the same muitaris iurandis, provided by Law, to be ta. His powers. ken by the Clerks of said County Courts of this state.

And the Mayor of faid City, or in his Absence, the senior affiitant Judge of The mayor, faid City Court, may, at the special instance of, and Coft of any person mov. or in his abing therefor, hold a special City Court, at luch Time and Place within faià nior affiftant City, as the Mayor or judge ordering the same shall appoint ; which Court judge may fhall proceed in the same Manner, have the same Powers and Authorities, and call a special in all Respects be under the same Regulations as the fated City Courts of said cour:. City; and all the caxable fees of faid City Court, thall be the same as the Fees. taxable Fees of the County Courts of this State.

And be it further onafted, That the Mayor of faid City for the Time being, Mayor &two and the two Aldermen first chosen at the annual Meeting of said Cicy, or at aldermen uirit their firt Meeting, fhall compose the said City Court, and be the Judges there. chosen to be

the judges. of; and the Mayor shall be the chief Judge of faid court, and the said two Aldermen fhall be the Aflittant judges of taid court, any ewo of whom, in the whó tz be Absence of the other, taking to their Aili itance the senior Alderman present that judges, in is not a Judge of said court, or if neither of the Aldermen that are not Judges of care of abfaid court can attend, one of the Justices of the Peace within and for the county sence, &c. of New Haven, resident within said city, shall have power to hold a city court.

And if at any city court there shall be but one Judge present, he shall take !f hut one to his Afiftance the other two Aldermen of said city, and in case one or both of judge present

Then to take, them cannot attend, he hall take one or two of the Justices of the Peace, as the case may require, of the county of New Haven, refident within the said city, and they three fhall have the same Power to hold a city court, as the Judges of faid city court have.

And be ir further enacted, that the Mayor and Aldermen of faid city, shall Mayor and leverally, within the Limits of said city, have cognizance of all civil causes by have cogni Law cognizable by a Justice of the Peace, provided the cause of Action arise zance of civil within the Limits of said city, and one or both the Parties live within the causes in the fame: And the said Mayor and Alder men shall, as to the causes by chemsever- city. , ally cognizable, have the same Powers and Authorities, and proceed in the fame Same power Manner as Juftices of the Peace, now, or hereafter, by Law shall have and proceed. as justices.

And an Appeal shall be allowed from the judgment or Determination of said Mayor and Aldermen, in any cause by chem cognizable severally, to the next lowed to the

Appeal alcity court to be holden within said city, in all causes in which an Appeal is next city now or hereafter shall be allowed from the Judgment of a Jufice of the Peace 3 court. the prevailing Party however, if Plaintiff, may, such Appeal notwithstanding, cake out Execution on such Judgment, provided he gives Bond before the May. or of faid city, or one of the judges of said court, in the same Manner as is provided in cases of Appeal from faid city court.

And in every Action brought before the Mayor or either of the Aldermen Where the of said city, in which the Plaintiff lives without the Limits of said city, or in

plaintifflives

without, or is which the Plaintiff is a Mariner or Scaman suing for Wages due to him for a mariner, &c Services in his Occapation, and the Defendant lives within the Limits of said no appeal, city, no Appeal shall be allowed the Defendant.

And the caxable Fees in all causes cognizable by the Mayor, or by one of Taxable fees, the Aldermen of said city severally, shall be the same as the taxable Fees in &c. like Cases, before Jultices of the Peace : And the Processes in all Actions

Proceries the brought to said City Court, shall be the fame as the Precesses to the County came as to Courts in this State ; and the Processes in all Actions brought before tie the councy

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Mayor or one of the Aldermen of laid city, shall be the same as the Procelles By whom in A&tions brought befort a Justice of the Peace, and be signed by the Gover. ligned, nor, Lieutenant-Governor, or one of the Alt ftants of this State, or by a Justice and served.

of the Peace, within and for the county of Now-Haven, or by the Mayor of Bonos for

one of the Aldermeo of said city, or the clerk of said city court, and thall be proiecution, &c.

served by a Sheriff, Deputy-Sheriff, or conftable to whom directed, according to the Laws of this state, and the Provisions of this Act. And all Bonds for Prosecurion taken by any of iaid Oficers hereby impowered to figa Writs, hill be good and effe&ual in Law. And Bonds for Prosecution, fpecial Bail, and Bonds for Appeal, hall be taken to the adverie Party: Provided nevertheless, That no Wits, (Executions excepted) or Process, figned by the Mayor, or either of the Aldermen, fhall be of any Effect without the Limits of faid city.

And be iz furtber enucize by the Aucbority aforefard, That the said Mayor, Jurymen how Aldermen and common councii, ihall on the fir&t. Monday of July annually, and when meet, and hall then chule One Hundred and Forty-four Freemen of said city, wholeo.

to serve as jurors at said city court, and all return the Names of faió Jurors,

under the Hand of the Mayor ot laid city, if present, or in case of his Ablence, Names of the under the Hand of the senior Alderman present at fuch Meering, to the clerka returned to, ot said city court, who thall write each Juror's Name thus chosen, fairly on a &c.

separate Piece of paper, and roli up and put the same into a Box, wbich he thall Clerk to provide and keep for that Purpose ; and whenever either of the Sheriffs of faid write the ju- city thall receive a Warrant irom the clerk of the city, court, co fummos a

Jury to appear before faid court, the Sheriff receiving fuch Warranty taking

with him one of the Aldermen of said city, thall repair to the faid clerk's Of Jurors how

fice, and there, in the Presenca of said Alderman and clerk, Thail take out of drawa. said Box cwelve of (ajd Papers, and the Persons whole Names ihall be found

wrirten chereia, shall be fumdoned to appear before the court to which the

Warrant is returnable, to serve as Jarors ; and in case of neglecting to attend, Jerors nog shall be liable to such Penalties as fhall by the Bye-Laws of laid city be in flictleding to at- ed for such Negled ; and in case a compleat Pannel thall not atiend, or in If not a com case any shall be challenged or excused, the Sheriff attending faid court ihail plete pannel, fupply lach Deficieocy, by drawing in the Prelence of the coert, others out of others drawn, faid Box, and fummoning them to atcend and serve, until the Pannel shall be &c.

complete ; and the Names of such Jurors as do not attend, or are excused, half jurors not at topding, &c.

be returned into the Box, and be liable to be drawn again. And the Oath.co Jurors oath be taken by said Jurors, shall be the same as is by Law provided to be taken to be, &c. by Jurors in civil Actions. And the Name of each Jaror that attends any The name of city court and serves, shall be again wrictea on a separate Piece of paper, cach juror at and shall be rolled up and put into another Box, which she clerk of faid court tending, &c.

Thall provide for chai Purpose, and shall be liable to be drawn again, in case Liable to be

there thall noe, by Reason of Death, Removal, or other cause, be a sufficiency drawn again. in the other Box, to complete the Pannels for that Year, in which they are cho

fen to serve. The city to

And the said, city may choose a clerk of said city, who shall make true and chufe a clerk. regular Entries of all the Vases and Proceedings of said city, and the Records

by him kept shall be of che 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 ibe Axibority aforefaid, That the said Mayor, Alder-" &c. to lay

men, and common council, be, and they are hereby empowered to lay out Our highways new Highways, Streets and public Walks for the Use of laid city, or to al.'

ter those already laid out in said city, and to exchange Highways for Highthose already ways, or to sell Highways for the purpose of purchasing other High ays, laid out, &c.

taking the same Meatures in all Refpects, as are directed by the Laws of this Stace to be taken, in case of Highways laid out by the Selez-men for the Use of their Towns, and the Party aggrieved by the laying out of fuch Streets of

'The mayor,

& v. or alter

New-Haven City.

169

Power to

walk.

Highways, may have the taie Remedy by Application to the County Court, as it by Law provided in cases of Highways laid out by Select-men.

And faid City shall have power to exchange that Part of the Green in faid exchange og New-Haver, lying North-westerly of the public Buildings, for other Land for sell the N. W. Highways, or another Green, and to sell and dispose thereof for the fame Purs part of the pole ; and that Part of laid Green lying on the South-easterly Side of faid public ide to remicinBuildings, ball forever be and remain a common or public'Walk, and never a publick be bable to be laid out in Highways, or appropriated to any other Purpose.

And be in enacted by the Aur bority aforesaid, 'That in case any Sheriff, Deputy-Sheriff or Constable, thall not serve a Writ directed to, and received by him, that is recurnable to laid City court, or thall reglect to make Return of said City court Writ, or shall make false or undue Return thereof, and a Suit shall for such De- may fine Shefault, be brought against him to the said city court by the Person or big Ex. riffs, &c. ecutor or Adminiftrator, in whose Favour faid Writ issued, and the Defendant be found in Defaolt; the said court, over and above awarding just Damages Fines to be to the plaintiff, may, on said Suit, fet a fuitable Fine upon the Defendant, as paid to the ci.

ty treasurer. cording to the Nature of the case, and may issue Execution for such Pide ;. which Fide shall be to the Treasurer of faid city, to and for the We of said city.

And in all cases wherein the Defendant who is sued to the said city court, If the defen- ; lives within the Limits of said city, the Writ shall be served upon him at lealt habe lives in fex Days before the Day of the fitting of the court to which the Writ is return. writ to be able ; bu if the Defendant lives without the Limits of faid city, the Writ ferved 6 days fhall be served at least twelve Days before the fitring of said court; and all before court Writs returnable to faid city court, shall be returned to the clerk of said &c. if with.

out 12 days. court on the Day of the Geting of said court, and betore the first opening of said court. And the Wrics that are returnable before the Mayor or either of the Alder

Writs returnmen, fhall, if the plaintiff and Defendant both live within the Limits of, or,

able before it the Plaintiff lives without and the Detendant lives within the Limits of said

the mayor,&c city, or if the plaintiff be a Mariner or Seamen suing for Wages due to him for Services in bis Occupation, and the Defendant lives within the limits of faid city, be served upon the Defendant at least three Days before the atting of the court to which it is returnable ; but if the Defendant lives without the limits of faid'city, the Writ shall be served upon the Defendant at lealt fix Days before the ficting of the court

to which it is returnable. And be it further enacted, That the Mayor, Aldermen, Sheriffs, commor Mayor, &co council and clerk of said city, shall be lworn to a faithful Discharge of their

to be sworn. Duty; and the form of the Oath to be taken by the Mayor of faid city, thall be follows, viz. You being elected Mayor of tbe Ciry of New-Haven, do fwear by tbe

Form of the Name of the Everliving God, that you will, without any Partiality, inali.

oath. Fently adminifter Justice, according to Law, wirbou: repede of Perjons, tate no Bribe, give no Counjel in any Matter that shall come before you, nor deny Rigor to any, but well and truly perform your Office of Mayor of jaid City, according to your best Skill.

So help you

GOD.. And the form of the Oath to be takon by the Aldermen of laid city, thall Alderman to be the fame mutatis mutandis as is prescribed by Law to be taken by Juitises of besworn.

And the form of the Oath to be taken by the common councilmen of said, city, thall be as follows, viz. YOU. being cle&ted a Commen Council-man for the City of New Haven,

Form of an for the Year ensuing, Do fwear by the Name of the Everliving God, that you calla. will faithfully and uprightly discharge the Duties of that Office, no long as you

So help you GOD.

the Peace.

Hall bold be fame.

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Sheriffs to And the form of the Oath to be taken by the Sheriffs of faid City, thall be take an oath the same prescribed by Law to be taken by the Sheriffs mutatis mutandis.

And the form of the Oath to be taken by the Clerk of faid city, hall be as follows, viz. YOU

being chosen Clerk of the City of New Haven, Do what by the Name of the everliving GOD, that you will truly and faithfully at. Clerk's oath

tend and execute tbe place and Ofice of Clerk of laid City, according to your bef Skill, and make true Entries and Records of all the Votes and Proceedings of said City, and such othar Matters as by Law, or the Bye-Laws of said Ciry, are o be recorded in your Office; and that you will deliver true Copies of the Ricords in your Hands, when they shall be required of you, taking only your lawful Fres

So help you GOD. By whom adminiftred.

Which Oaths may be adminiftered by any Alliftant of this State, or Justice 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 ad

miniftering such Oath hath been sworn according to this Act. Certificate

And the Person adminiftering the Oath prescribed by this A&, shall have a to be given,

Certificate thereof under his Hand, to the Oficer to whom he adminiflers fuch

Oath, which Certificate shall be recorded in the Records of faid City, before and recorded. the Perlon to whom it is given hall be capable of executing the Office to which

he is chosen.

And be it further Enafted, That there shall be a Court of Common Council of faia City, of which the Mayor, Aldermen, and Common Council of faid

Çity shall be Members, who, or the major Part of them, shall have power to bye

make Bye-Laws, relative to Markets and Commerce within the limits of faid Laws. Çity ; relative to Persons summoned to serve as Jurors at faid Cicy Court, and

neglecting to attend or refusing to serve ; relative to the Streets and Highways of faid City ; relative to Nusances in laid City Limits; relative to tbeir Wharves, anchoring and mooring of Vefleis ; relative to Trees planted for Shade, Ornament, Convenience, or Use, public or private, and to the Fruit of fuch Trees; relative to Trespaffes committed in Gardens'; relative to public Walks, and Buildings public or private ; to the sweeping of Chimnies, and preventing said City from Fire ; relative to Forms of Oath to be taken by the Treasurer of said City, and Inspectors of Produce brought to faid City for Sale or Exportation ; relative to the Manner of warning Meetings of said City and the Court of Common Council, and the Time when and Place where they thall 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 said City. for a faithful Discharge of their Duty ; relative to the Penalties to be incurred

by those, who, being cho'en to any City Office, (and not being excused by the To inflict

City) thall refuse to serve ; relative to a City Watch ; relative to the burial of pecuniary penalties,

the Dead; relative to the public Lights and Lamps of said City; relative to not exceed restraining Geese and Swine from going at large within the Limits of faid City i ing rol. and relative to the Mode of Taxation as to Taxes levied by faid City ; and to Penalties to

infict Penalties for the Breach of such Bye-Laws: Provided however, that such be fo, &c. Recovered

Penalties shall in no Case exceed Ten Pounds lawful Money ; and faid Penal. by, &c.

cies shall be to fuck Persons as the Bye-Laws of said City thall dired, and be No appeal. recoverable by the Persons to whom forfeited, by Action of Debt brought to Provifo.

the City Court of said City, in which Action no. Appeal or Review hall be al.

lowed : Provided however, that no Bye-Laws of faid City Arall be made repuge Catching of -, nant' to the Laws of this state. And the catching of Fila and Oysters within

thé Limits of said City, thall not be liable to be regulated, or in any way af

by the Bye-of And provided-alfo, spat all the Bye-Laws made by faid Court of Cone,

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