176 Taxable fees, &c. Proceffes the fame as to the county court. By whom figned. and ferved. Bonds for profecution, &c. execpt, &c. Jurymen how and when chofen. returned to, &c. the jurors Jurors how drawn. New-London City. And the taxable Fees in all Caufes cognizable by the Mayor, or one of the Aldermen of faid city feverally, fhall be the fame as the taxable Fees in like cafes, before Justices of the Peace: And the Proceffes in all Actions brought to faid city court, fhall be the fame as the Procefes to the county courts in this State; and the Proceffes in all'Actions brought before the Mayer of one of the Aldermen of faid city, fhall be the fame as the Proceffes in Actions brought be fore a Juftics of the Peace, and be figned by the Governor, Lieutenant-Governor, or one of the Afiftants of this State, or by a Justice of the Peace, within and for the county of Newv- London, or by the Mayor or one of the Aldermen of 'faid City, or the clerk of faid city court, and thall be ferved by a Sheriff, Deputy-Sheriff, or conftable, to whom directed, according to the Laws of this State, and the Provisions of this A&t. And all Bonds for Prolecution taken by any of faid Officers hereby impowered to fign Writs, shall be good and effectual in Law. And Bonds for Profecution, fpecial Bail, and Bonds for Appeal, fhall be taken to the adverse Party: Provided nevertheless, That no Writs, (Executions excepted) or Procefs, figned by the Mayor, or either of the Aldermen, shall be of any Effect without the Limits of faid city. And be it further enacted by the Authority aforesaid, That the faid Mayer, Aldermen and common council, hall on the first Monday of July annually, meet, and shall then chufe Forty or more Freemen of faid city, to ferve as jarors at faid city court, and hall return the Names of faid Jurors, under the Names of the Hand of the Mayor of faid city, if present, or in cafe of his Absence, under the jurors to be Hand of the fenior Alderman prefent at fuch Meeting, to the clerk of faid city court, who shall write each Juror's Name thus chofen, fairly on a feparate Piece Clerk to write of Paper, and roll 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 city fhall renames on, &c. ceive a Warrant from the clerk of the city court, to fummon a Jury to appear before faid court, the Sheriff receiving fuch Warrant, taking with him one of Aldermen of laid city, fhall repair to the faid clerk's Office, and there, in the Prefence of faid Alderman and clerk, fhall take out of faid Box so many of faid Papers as his Warrant fhall direct, and the Perfons whofe Names fhall be found written therein, fhall be fummoned to appear before the court, to which the Warrant is returnable, to ferve as Jurors; and in cafe 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 shall fupply fuch Deficiency, by drawing in the Prefence of the court, others out of faid Box, and fummoning them to attend and ferve, until the Pannel fhall be complete; and the Names of fach 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, fhall be the fame as is by Law provided to be taken by rame of Jurors in civil Actions. And the Name of each Juror that attends any city court eat and ferves, fhall be again written on a feparate Piece of Paper, and fhall be trolled up and put into another Box, which the clerk of faid court shall provide for Jurors neg Jecting to at tend. If pt a com. Fate pannu, others drawn, jurors not at tending, &c. juros oath to be, &c... that Purpose, and shall be liable to be drawn again, in cafe there fhall not, by Reafon of Death, Removal, or other caufe, be a Sufficiency in the other Box, to complete the Pannel for that Year, in which they are chofen to ferve. And the said city may choose a clerk of faid city, who shall make true and ༄• ; * 、 fe clerk. 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, Alderen, and common council be, and they are hereby empowered to lay out new Highways, Streets and public Walks, for the Ufe of faid city, or, to alter New-London City. 177 shofe already laid out in faid City, and to exchange Highways for Highways, The mayor, or to fell Highways for the Purpose of purchafing other Highways, taking the c, to lay out highways fame Measures in all Refpects, as are directed by the Laws of this State to &c. or alter be taken, in cafe of Highways laid out by the Selectmen for the Ufe of their thofe already Towns, and the Party aggrieved by the laying out of fuch Streets or High- laid out, &c. way, 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. city treafu, And be it enacted by the Authority aforesaid, That in cafe any Sheriff, Depu- City court ty-Sheriff or Coustable, shall not ferve a Writ directed to, and received by him, may fine that is returnable to faid City court, or shall neglect to make Return of said sheriffs, &c. Writ, or fhall make falfe or undue Return thereof, and a Suit fhall for fuch Default, be brought against him to the faid city court by the Perfon or his Ex- Fines to be paid to the ecutor or Adminiftrator, in whofe Favour faid Writ iffued, and the Defendant be found in Default; the faid court, over and above awarding juft Damages rer. to the Plaintiff, may, on faid Suit, fet a fuitable Fine upon the Defendant, according 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 faid 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 served upon him at least fix Days before the Day of the futing 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 ferv'd 6 days shall be served 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 without 12 days. court on the Day of the sitting of faid court, and before the firft opening of faid court. If the defendant lives in the city, the turnable before th mayor, &c. 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, Writs re if 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. And be it further enaded, That the Mayor, Aldermen, Sheriffs, common Mayor, &c. council and clerk of faid city, fhall be fworn to a faithful Difcharge of their to be sworn. Duty; and the Form of the Oath to be taken by the Mayor of faid city, fhall Form of the be as follows, viz. του being elected Mayor of the City of New-London, do fwear by the Name of the Everliving God, that you will, without any Partiality, indiffe- oath. rently adminifter Juftice, according to Law, without rejped of Perjons, take no Bribe, give no Counjel in any Matter that fall come before you, nor deny Right to any, but well and truly perform your Office of Mayor of faid City, according to your best Skill. So help you GOD. And the Form of the Oath to be taken by the Aldermen of faid city, fhall Aldermen be the fame mutatis mutandis as is prescribed by Law to be taken by Justices of to be sworn. the Peace. And the Form of the Oath to be taken by the common council-men of faid city, shall be as follows, viz. you being elected a Common Council-man for the City of New-London, Form of an for the Year enjuing, Dofwear by the Name of the Everliving God, that you oath. will faithfully and uprightly discharge the Duties of that Office, fo long as you fall bold the fame. So help you GOD. And the Form of the Oath to be taken by the Sheriffs of faid city, fhall be the fame prefcribed by Law to be taken by the Sheriff's mutatis mutandis. Sheriffs to take an oath. 178 Clerk's oath New-London City. And the Form of the Oath to be taken by the Clerk of faid city, shall be as follows, viz. γου being chofen Clerk of the City of New-London, 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 beft Skill, and make true Entries and Records of all the Votes and Proceedings of faid City, and juch 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 Justice of the Peace within and for the County of New-London, or by the Mayor, or adminittred. either of the Aldermen of faid City; provided the Mayor or Alderman administering such Oath hath been fworn according to this A&. By whom Certificate to be given, and recorded. Power to make byelaws. To inflict pecuniary penalties, not exceed. ing 10l. Penalties to No appeal. And the Perfon adminiftering the Oath prefcribed by this Act, fhall give a Certificate thereof under his Hand, to the Officer to whom he adminifters fuch Oath, which Certificate shall be recorded in the Records of faid City, before the Person to whom it is given shall 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 shall be Members, who, or the major Part of them, fhall have Power to make Bye-Laws, relative to Markets and Commerce within the limits of faid City; relative to Perfons fummoned to ferve as Jurors at faid City Court, and neglecting to attend or refuting 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 Walks and Buildings public or private; to the sweeping of Chimnies, and preferving faid City from Fire; relative to Forms of Oath to be taken by the Treasurer of faid City, and Infpectors 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 fha!! 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 Discharge of their Duty; relative to the Penalties to be incurred by thofe, who, being chofen to any City Office, (and not being excufed by the City) fhall 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 fhall in no Cafe exceed the fum of Ten Pounds lawful Money; and faid Penalties fhall be to fuch Persons 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 faid City, in which Action no Appeal or Review fhall be allowed: Provided however, that no Bye-Laws of faid City shall be made repugnant to the Laws of this State, And provided alfo, That all the Bye-Laws made by faid Court of Common Council, fhall be approved of by faid City in legal Meeting affembled, and Bye-Laws to after being fo approved, fhall be published at leaft three Weeks fucceffively in be published fome public News-Paper, in or near faid City, before the fame shall be of any Validity. And all the Bye Laws of faid City, fhall at any Time within fix Months af- Liable to be ter they are made, be liable to be repealed by any Superior Court, holden in repealed, by, faid County of New-London, if by fuch Superior Court, on a Hearing, adjudged &c. if, &c. to be unreasonable or unjuft. &c. And all Grants and Leafes of any real Estate belonging to faid City, figned by the Mayor of faid City, and fealed with the City Seal, and approved by faid Grants and leafes figned City in legal Meeting affembled, shall be good and effectual in Law, to convey by the mayor the Eftate intended to be conveyed by fuch Grant or Leafe; 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 Infpectors of every Kind of Pro- Inspectors of duce of the United States, brought to faid City for Sale or Exportation. And the Vote or Choice of the major Part of the Freemen prefent at any le- Vote of the gal Meeting of faid City, shall be confidered in all Cafes, as the Vote or major part of Choice of faid City. produce. 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 shall refign, or be removed by Death, or other- death, & of wife, another Perfon fhall be chofen in his Place by faid City; and (if an an- any officer, nual officer) fhall continue in Office till the Expiration of the Month of &c. June next following, unless another shall be sooner chofen and fworn in his Stead. Mayor, or &c. And the Mayor offaid City, or in his Absence, the fenior Alderman present to be moderat any Meeting of faid City, or at any Court of Common Council, fhall, ex ator of the Officio, be Moderator thereof. And the Meetings of faid City may, from city meeting, Time to Time, by a major Vote of the Freemen prefent, be adjourned.. which may be adjourned. First meeting And be it further enacted by the Authority aforesaid, That the firft Meeting of faid City thall be holden at the Town School-Houfe in faid New-London, the fecond Monday of March next, at nine of the Clock in the Forenoon, for the choice of the Mayor, Aldermen, Common Council and Sheriffs of faid City, 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-London, at least three Days before faid fecond Annual offiMonday of March next, thall be a legal Warning of the Freemen of faid City to cers to contiattend faid firft Meeting: And the annual Officers chofen at faid Meeting, fhall nue,&c. until continue in Office until the Expiration of next June, unless others are sooner chofen and qualified in their Stead. &c. to chufe a clerk. And the faid City fhall, at fuch Meeting, first chafe a Clerk of faid City, who shall 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 Case, shall be good and effectual; any Thing in this Act to the contrary notwithstanding. And fuch Record may be made by the Clerks hereafter chofen, of their being chofen and fworn, and shall 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, mayor, &c. And the Juftices of the Peace within and for the County of New-London, living and inhabiting within the limits of faid City, and prefent at fuch firft Meeting, fhall have, as to the Election of the Mayor, Aldermen, Sheriffs, Common Power of jusCouncilmen 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. limits, &c. ator. And the fenior Justice of the Peace, within and for the County of NewLondon, living within the Limits of faid City, prefent at faid firit Meeting, Firft modershall be Moderator thereof, until there shall be a Mayor or Alderman chosen and qualified according to this Act. And faid City thall at their first Meeting appoint a Time and Place for New-London City. holding the first Court of Common Council; which Court fhall have Power to adjourn from Time to Time. And the firft City Court of faid City fhall be holden on the first Monday of April next, at the Town School-Houfe in faid City. And the faid City Courts of faid City may be holden in faid School-Houfe from Time to Time, or in fuch other Place in faid City as faid City shall provide and judge proper. And the Mayor, Aldermen, and Common Council of faid City, fhall on the fecond Monday of March next, at three of the Clock in the Afternoon, hold a Meeting at the Town School-Houfe, in faid New-London; and fhall then and there, choose Thirty fix Freemen of faid City, to ferve as Jurors, until after the first Monday of July next; and the Name of each Perfon thus chofen, shall be fairly written on a feparate Piece of Paper, and shall be put into the Jury Box, by this Act to be provided by the Clerk of faid City Court, and fhall be drawn out, in the Manner herein before provided with refpect to Jurors. Always provided, That any Thing in this Act notwithstanding, the Inhabitants living within the Limits of faid City, fhall to all Intents and Purpofes, be, and remain a Part of the Town of New-London. Provided nevertheless, That if this Act, or any of the Provifions thereia contained, fhall be found inconvenient, or in any Respect inadequate, the fame, on Representation of the City or otherwife, may be altered or revoked by the General Affembly. Provided nevertheless, That the Judges of faid City Court may, and they are hereby authorized to hear, try, and finally determine all Caufes brought before the City Court, by a Jury of fix Freemen, or without a Jury, where neither of the Parties defire to have the caufe decided by a jury or by more than fix Jurors. And this Act fhall, to all Intents and Purposes, be a public Act. [This A&t was paffed by the General Affembly, at their Seffions bolden at NewHaven, on the eighth Day of January, One thousand even hundred and eighty-four.] An Act to prevent unfeasonable Night-walking; and for punishing Disorders committed in the Night-feafon. BE E it enacted by the Governor, Council and Reprefentatives in General Court affembled, and by the Authority of the fame, That if any Perlons that are under the Government of Parents, Guardians or Maiters; or any Boarders or Sojourners fhall convene or meet together, or be entertained in any Houle, without the confent or approbation of their Parents, Guardians, Mafters or Governors, after nine of the Clock at Night, any longer than to difcharge the Bufinefs they are fent about; or thall meet together and affociate themselves in Company or Companies in Strees or elsewhere, after the Time aforesaid; or fhall make any Rout, or commit any Disorder at any Time in the Night feason, each Perfon fo Offending fhall forfeit Six Shillings for fuch Offence. And the Head of the Family that entertains or tolerates fuch diforderly Meeting in his or her Houfe, fhall forfeit the like Sum; one Half of which Forfeitures fhall be to the Complainer, the other Half to the Treasury of the Town where the Offence is committed. And whereas great Dijorders and Infolences are often committed in the Night, by diforderly Perfons, to the difquiet and hurt of the good People of this State: For the preventing and punishing whereof; Be it further enacted by the Authority aforefaid, That when and fo often as any Disorders and Damages are done in the Night-feafon, that upon Complaint speedily made thereof to any Court, Affiftant, or Juftice of the Peace, |