mom Council, shall be approved by faid City in legal Meeting affembled, and Bye-laws to after being fo approved, shall be published at least three Weeks fucceffively in be published. feme public News-Paper, in or near faid City, before the fame shall be of any

Validity.

Liable to be repealed, by,

&c. if, &c.

Grants and

by the mayor

And all the Bye Laws of faid City, thall at any Time within fix Months after they are made, be liable to be repealed by any Superior Court, holden in faid County of New-Haven, if by fuch Superior Court, on a Hearing, judged. to be unreasonable or unjuft. And all Grants and Leafes of any real Estate belonging to faid City, figned leafes figned by the Mayor of faid City. and fealed with the City Seal, and approved by faid City in legal Meeting affembled, shall be good and effectual in Law, to convey &c. the Eftate intended to be conveyed by fuch Grant or Leale; provided the fame is recorded in the Records of the Town where the Land leafed or granted lies. And faid City hall have Power to appoint Inspectors of every Kind of ProInfpectors of duce of the United States, brought to faid City for Sale or Exportation. produce And the Vote or Choice of the major Part of the Freemen present at any len Vote of the gal Meeting of faid City, fhall be considered in all Cafes, as the Vote or Choice of faid City.

major part of

the freemen, valid.

In cafe of

And whenever the Mayor of faid City, or any other Officers of faid City, eligible by the Freemen thereof fhail refign, or be removed by Death, or otherwife, another Perfon fhall be chofen in his Place by faid City; and (if an an death, &c. of. nual officer) fhall continue in Office till the Expiration of the Month of June next following, unless another shall be sooner chofen and fworn in his &c. Stead.

any officer,

And the Mayor offaid City, or in his Abfence, the senior Alderman prefent Mayor,or &c. at any Meeting of faid City, or at any Court of Common Council, fhall, ex to be moderOfficio, be Moderator thereof. And the Meetings of faid City may, from ator of the Time to Time, by a major Vote of the Freemen prefent, be adjourned,

city meeting, which may be

And be it further enacted by the Authority aforesaid, That the first Meet- adjourned. ing of faid City thall be holden at the State Houfe in faid New-Haven, on the tenth Day of February next, at nine of the Clock in the Forenoon, for the choice of the Mayor, Aldermen, Common Council and Sheriffs of faid City, First meeting and to tranfact fuch other Bufinefs as may be neceffary; which Meeting may be from Time to Time adjourned. And a Copy of this Paragraph of this Act, certified under the Hand of the Secretary of this State, and published on the Sign-Poft in the Town of New-Haven, at least three Days before faid tenth Day of February, thall be a legal Warning of the Freemen of faid City to ats tend faid firft Meeting: And the annual Officers chofen at faid Meeting, shall continue in Office until the Expiration of next June, unless others are fooner chofen and qualified in their Stead.

Annual offi

cers to conti

nue,&c. until

And the faid City fhall, at fuch Meeting, firft chufe a Clerk of faid City, who fhall be immediately fworn, and fhall forthwith make a Record of his First meeting being chofen and fworn, and the Records thus made by him in fuch Cafe, fhall to chufe a be good and effectual; any Thing in this Act to the contrary notwithstanding, clerk. And fuch Record may be made by the Clerks hereafter chofen, of their being chofen and fworn, and fhall be good and effectual; any Thing in this A&t to the contrary notwithstanding. And faid City fhall thereupon proceed to chufe a then the Mayor, and the other Officers of faid City eligible by the Freemen thereof. And the Juftices of the Peace within and for the County of New-Haven, living and inhabiting within the limits of faid City, and prefent at fuch first Meeting, fhall have, as to the Election of the Mayor, Aldermen, Sheriffs, Common Councilmen and Clerk of faid City, the fame Powers, and proceed in the fame tices living Manner as the Mayor, Aldermen and Sheriffs of faid City, by this Act are to within the have and proceed in at the future Elections of faid City,

mayor, &c.

Power of juf

# limits, &c.

And the fenior Justice of the Peace, within and for the County of New Firft moder. Haven, living within the Limits of faid City, prefent at faid fire Meeting, fhall be Moderator thereof, until there fhall be a Mayor or Alderman chosen and qualified according to this Act.

ator.

Defcription

Bounds of the city.

And faid City fhall at their firft Meeting appoint a Time and Place for holding the first Court of Common Council; which Court shall have Power to adjourn from Time to Time. And the firft City Court of faid City fhall be holden on the fecond Tuesday of April next, at the State-Houfe in faid City. And the City Courts of faid City may be holden in faid State Houfe from Time to Time, or in fuch other Place in faid City as faid City fhall provide and judge proper.

And the Mayor, Aldermen, and Common Council of faid City, shall on the fecond Tuesday of March next, at three of the Clock in the Afternoon, hold a Meeting at the State-Houfe, in faid New-Haven; and fhall then and there, choose forty-eight Freemen of faid City, to ferve as Jurors, until after the first Monday of July next; and the Name of each Perfon thus chofen, fhall be fairly written on a separate Piece of Paper, and shall be put into the Jury-Box, by this Act to be provided by the Clerk of laid City Court, and fhall be drawn out, in the Manner herein before provided with respect to Jurors.

Always provided, That any Thing in this Act, notwithstanding, the Inhabitants living within the Limits of said City, shall to all Intents and Purposes, be, and remain a Part of the Town of New-Haven.

· And that nothing herein contained, shall be conftrued to affect any of the corporation Rights of the Corporation of Yale-College.

Provided nevertheless, That if any of the Provifions in this Act contained, fhall be found inconvenient, or in any Refpect inadequate, the fame, on Representation of the City or otherwife, may be altered or revoked by the General Affembly.

And this A&t fhall, to all Intents and Purposes, be a public Act.

[This A was paffed by the General Affembly, at their Seffions bolden at NewHaven, on the eighth Day of January, One thousand seven hundred and eighty-four.]

An Act for incorporating a Part of the Town of New-London. E it enacted by the Governor, Council and Representatives in General Court of the perfons Inhabitants of faid New-London, dwelling and inhabiting within the followthat are incor- ing Limits, viz. Beginning at a large Rock on Plumbe's-Hill, fo called, about porated. four Rods Weft of the Road leading from Norwich to New-London, thence running South 37 Degrees Weft to a large Rock in Land belonging to John Ahcraft, a little to the eastward of Cedar-fwamp; from thence running South fix Degrees Eaft to the main Branch of Alwife-brook, or Lefter's-Gut, fo called; from thence running with faid Brook or Gut, and on the Weft Side thereof at high-water Mark, to the Sound, to a large clump of Rocks at the western point of faid Gut or Brook, called the Great-fhose-rock; and from thence across the Harbour to the South End of the Divifion Line betwixt the Towns of NewLondon and Groton; and thence northerly by faid Divifion Line as faid Line runs, until it comes to a Point due Eaft from the Bounds first above-mentioned, and thence running due Weft across the River of Thames, to faid Bound, be, and the fame are hereby Ordained Conftituted, and Declared to be from Time to Time, and forever hereafter, one Body Corporate and Politic, in Fact and Name of the in Name, by the Name of THE MAYOR, ALDERMEN, COMMON COUNCIL, corporation. AND FREEMEN OF THE CITY OF NEW-LONDON ; and that by that Name,

they and their Succeffors forever, fhall and may have perpetual Succeffion; and hall be Persons in Law, capable of Suing and being Sued, Pleading and be- Capable of ing Impleaded in all Suits of what Nature foever; and alfo to purchase, hold, fuing, &c. and convey any Eftate, real or perfonal, and may have a common Seal and may change and alter the fame at Pleasure; and fhall be Freemen of faid City.

Who are free

men of the

And whereas there are many Perfons living wiihin jaidLimits, who by Law city. are qualified to be Freemen of this State, who have not taken the Oath provided by Law to be taken by Freemen.

a certificate,

Be it enadled, That all fuck Perfons, living within faid Limits, who fhall, Perfons living before the fecond Monday of March next, procure the major Part of the Select within the cimen of the faid Town of New-London, to certify that they are qualified to be ty, procuring admitted and made free of this State, and fhall after procuring fuch Certificate, &c. to be free. take before fome Afiftant of this State, or Juftice of Peace within and for the men of the County of New-London, the Oaths provided by Law for. Freemen, fhall to all state and city. the Purpoles in this Act mentioned, be confidered as Freemen of this State, and Freemen of the faid City of New-London.

And for the better Government of said City:

Annual meet

purpose of chufing annu

Be it further Enated, That there fhall be a Meeting of faid City Holden an- ing to be in nually in June, at luch Time and Place as by the Bye Laws of faid City fhall June, for the be directed, for the Purpofe of chufing all the annual Officers of laid City; and the annual Officers of faid City chofen at fuch Meeting, fhall continue in Office al officers, Until the Expiration of the Month of June then next, unieis others fhall be foon- Continuance er chofen and qualified in their Stead.

in office.

continue in

And the faid City in legal Meeting affembled, fhall choose a Mayor, who fhall hold his Office during the Pleafure of the General Affembly: and at their To chufe a annual Meeting fhall chofe four Aldermen, and a Common Council of not more mayor, to than Twenty, and two Sheriffs out of the Freemen of faid City; all which Offi- office during, ters, and all other Officers of faid City, eligible by the Freemen thereof, fhall &c. be chofen by Ballot; and on each Ballot which is given in, fhall be written the To chufe four Name of the Perfon for whom the fame is given; and fuch Ballot shall be rol- aldermen, led up, and in the Prefence of the Mayor and Aldermen of faid City, or fuch of Mode of chu them as are prefent at fuch Meeting, put, by the Perfon giving the fame, into a fing to be by Box, which faid City fhall provide for that Purpose; which Box fhall be a close ballot, &c. Box, with a Hole of a convenient Size in the Lid thereof, through which to

&c.

put in the Ballot. And when the Freemen prefent at any City Meeting, fhail The box by have had reasonable Time to give in their Ballot, either of the Sheriffs of faid whom opened. City, or in the Abfence of both the Sheriffs, the junior Alderman prefent, in

to fort and

clare the
choice.

the Prefence of the Mayor and Aldermen, or fuch of them as are prefent at The mayor fuch Meeting, fhall open the faid Box; and the Mayor and Aldermen, or fuch and aldermen of them as are prefent, fhall open, fort, and count the Ballots; and the Perfon count the who fhall have the Majority of the Ballots given in, shall by the Sheriffs, or in votes. their Abfence, by the junior Alderman prefent, be declared to be elected: And Who to deno Ballots fhall be received after the Box fhall have been opened. And faid City in legal Meeting affembled, shall have Power to levy Taxes on the Polls and Eftate within the Limits of faid City, for fuch Purpofes as faid City fhall think proper; and to chufe a Collector or col- The city to lectors, to collect fuch Tax; who fhall, having received a Warrant for to levy taxes. that Purpofe, figned by the Mayor, or by one of the Aldermen of faid To chufe a city, have the fame Power as collectors of Town Taxes by Law have; collector. and shall be accountable to the Mayor and Alderman of faid city, in the Warrant by fame Manner as collectors of Town Taxes are by Law accountable to whom figned the Select-men. And in case any collector fhall not perform the Truft Collectors accommitted to him, but fhall fail of collecting fuch Rate according to the countable, Terms of the Warrant committed to him, on complaint thereof made by and to whom,

have power

174

Complaint being made, &c. mayor to iffue his warrant, &c. Power of the Theriffs. Liable for neglect of duty.

New-London City.

the Aldermen offaid City to the Mayor thereof, he fhall iffue a Warrant ons der his Hand, directed to either of the Sheriffs of faid City, to deftrain the Sums or Rates neglected by fuch Collector to be collected, or paid out of the Eftate of the Collector.

And be it further enacted by the Authority aforefaid. That the Sheriffs of faid City shall severally 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 now have City to an and are; and the faid City fhall be liable to anfwer in cafe of the Inability of fwer in cafe of faid Sheriffs, or either of them, for the Default of faid Sheriffs, in all Cafes reinability, &c. lative to their Office.

Sheriffs to

And faid Sheriffs fhall feverally give Bond with Sureties, in fuch Manner as by the Bye-Laws of faid City fhall be directed, for a faithful Difcharge of the give bond, &c. Duties of that Office, before they fhall be capable of executing the fame. And in case 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 anoer Sheriff in his Room.

On failure a

new one to be chofen.

To chufe a treasurer.

to be held

monthly.

Power to adjourn.

executions

ferved, &c.
as thofe from
the county

court.

Appeals to be allowed.

And the faid City in legal Meeting affembled, fhall chufe à Treasurer for faid City, to continue in Office during the Pleasure of said City, who fhall 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 shall be holden monthly, on the first Monday of every Month, in faid City, a city court; which court fhall have Power to adjourn from Time to Time, and fhall have cognizance of all Civil caufes where the Title of Land is not concerned, by Law cognizable by the Jurifdiction. county courts in this State, provided the cause of Action arife within the Limits To have the offaid city, and one or both the Parties live within said city; and the faid city fame powers, court fhall, as to the caufes by them cognizable, to all Intents and Purposes, &c. as county have the fame Powers and Authorities, and proceed in the fame Manner and courts, and grant Executions, as faid county courts now or hereafter by Law shall have, proceed and grant; and the Executions granted by laid city court fhall be ferv ed and returned in the fame Manner as the Executions granted by the faid county courts, and an Appeal fhall be allowed to either Party, from the Judg. ment or Determination of said city court, to the next Superior court to be holden in the county of New-London, in all causes 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 notwithftanding, take out Exe The prevailcution on fuch Judgment for the Debt and Damage and cofts recovered in fuch ing party if, city courts, against the Defendant or Defendants, and levy the faid Execution, &c. may take 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 Re cognizance the Mayor of faid city and the Judges of faid city court are refpecbond be given. tively 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 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.

out executi

on, &c.

Provided

No appeal to be allowed on a fuit on fuch bond.

If the plaintiff lives And in every Action brought before said city court, in which the Plaintiff without the lives without the Limits of faid city, or is a Mariner or Seaman fuing for Wacity, no ap. ges due to him for Services in his Occupation, and the Defendant lives withpeal allowed in the Limits of faid city, no Appeal thall be allowed the Defendant, unless the Matter in Demand exceed the Sum of Fifty Pounds lawful Money: but if the Matter in Demand exceed faid Sum, an Appeai shall be allowed the De

the defendant

within, unlefs,&c.

New-London City.

the Defendant in the fame Manner and under the fame Regulations as Appeals are allowable in other caufes cognizable by faid Court. And no Writ of Error brought upon any Judgment of faid City court, or of faid Mayor, or either of the faid Aldermen, fhall be a Superfedeas, or have any Force to stay the levy of the Execution.

17'5

City courts to

Pint and

twear a clerk.

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 Clerk fhall, as to all Matters relative to his Office as Clerk of faid court, have the fame Powers and Authorities, to all intents and Purposes, as the Clerks of the county courts in this State by Law have; and the Oath to be taken by the faid clerk, fhall be the fame, mu.atis mutandis, provided by Law, to be taken His powers. by the clerks of the county courts of this State.

encetus teni.

And the Mayor of Laid city, or in his Abfence, the fenior affiftant Judge of Th mar, faid city court, may, at the fpecial Inftance and cost of any Perfon moving there- or in his abfor, hold a fpecial city court, at fuch Time and Place within faid city, as the or afliftant Mayor or Judge ordering the fame fhall appoint; which Court fhall proceed in judge may the fame manner, have the fame Powers and Authorities, and in all Refpects cail a special be under the fame Regulations as the stated city courts of faid city; and all the court. taxable Fees of faid city court, fhall be the fame as the taxable Fees of the county courts of this State.

Mayor & two

And be it further enacted, That the Mayor of faid city for the Time being, Fees. and the two Aldermen first chosen at the annual Meeting of faid city, or at their firft Meeting, shall compofe the faid city court, and be the judges thereof; and aldermen firft the Mayor fhall be the chief Judge of faid court, and the faid two Aldermen chofen to be fhall be the Affiftant Judges of faid court, any two of whom, in the Ab ence of the judges. the other taking to their Affiftance the fenior Alderman present that is not a Judge of faid court, or if neither of the Aldermen that are not Judges of faid Who to he judges, in Court can attend, one of the Juftices of the Peace within and for the county of cafe of ahNew-London, refident within faid city, fhall have Power to hold a city court. fence, &c. And ifat any city court there shall be butone Judge prefent, he shall take to his Affiftance the other two Aldermen of faid city, and in cafe one or both of If but one them cannot attend, he fhall take one or two of the Juftices of the Peace, as the judge prefent cafe may require, of the county of Neru-London, refident within faid city, and then to take, they three fhall have the fame Power to hold a city court, as the Judges of faid city court have.

&c.

Mayor and alAnd be it further enacted, That the Mayor and Aldermen of faid city fhall dermen to feverally, within the Limits of faid city, have cognizance of all civil caufes have cogni. by Law cognizable by a juftice of the Peace, provided the caule of Action arifes zance of civil within the Limits of faid city, and both the Parties live within the fame : And Cafes in the the faid Mayor and Aldermen fhall, as to the caufes by them feverally cognizable, have the fame Powers and Authorities, and proceed in the fame Manner as Juftices of the Peace, now, or hereafter, by Law hall have and proceed.

city.

Same power

And an Appeal fhall be allowed from the Judgment or Determination of said a s juftices. Mayor and Aldermen, in any caufe by them cognizable feverally, to the next city court to be holden within faid city, in all caufes in which an Appeal is now Appeal al or hereafter fhall be allowed from the Judgment of a Juftice of the Peace; the lowed to the prevailing Party however if Plaintiff, may, fuch Appeal notwithstanding, take next city 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,

And in every Action brought before the Mayor or either of the Aldermen of faid city, in which the Plaintiff lives without the Limits of faid city, or in which the Plaintiff is a Mariner or Seamen fuing for Wages due to him for Services in his Occupation, and the Defendant lives within the Limits of said city, no Appeal shall be allowed the Defendant.

B b

court.

Where the plaintiff lives

without,or is amarines, &c no appeal.