288

If but one

Hartford City.

present, that is not a Judge of said court, or if neither of the Aldermen that are not Judges of faid court can attend, one of the Juftices of the Peace within and for the County of Hartford refident within faid city fhall have Power to hold a city court.

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

&c.

Mayor and aldermen to have cognizance of civil saufes in the

city.

Same power as justices.

Appeal allowed to the next city

COUNT.

Where the plaintiff lives

without, or is 'a mariner, &c. no ap

peal.

Taxable fees, &c.

fame as to

the county

QUUIT.

And be it further ena&ed, That the Mayor and Aldermen of faid city thall feverally within the Limits of faid city have cognizance of all civil caufes, by Law cognizable by a Justice of the Peace, provided the cause of Action afife within the Limits of faid city, and one or both of the Parties live within the fame; and the faid Mayor and Aldermen fhall as to the caufes by them several. ly cognizable have the fame Powers and Authorities and proceed in the fame Manner as Justices of the Peace now, or hereafter have and proceed.

And an Appeal fhall be allowed from the Judgment or Determination of faid Mayor and Aldermen, in any caufe by them cognizable feverally to the next city Court, to be holden within faid city, in all causes in which an Apor hereafter fhall be allowed from the Judgment of a Juftice of the Peace, the prevailing Party however, if Plaintiff, may, fuch an Appeal notwithstanding, take out Execution on fuch Judgment, provided he give 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 said 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 Seaman, fuing for Wages due to nim for Services in his Occupation, and the Defendant lives within the Limits of faid city, no Appeal fhall be allowed the Defendant.

And the taxable Fees in all caufos cognizable by the Mayor or by any of the Aldermen of faid city feverally, fhall be the fame as the taxable Fees in like cafes before Juftices of the Peace. And the Proceffes in all Actions Proceffes the brought to faid city courts, fhall be the fame as the Proceffes to the county courts in this State; and the Proceffes in all Actions brought before the Mayor or one of the Aldermen of faid city, fhall be the fame as the Proceffes in Actions brought before a Juftice of the Peace, which Proceffes fhall be firmed by the Governor, Deputy Governor or one of the Affifiants of this State, Juice of the Peace withinor for the county of Hartford, or by the Mayor chun of the Aldermen of said city or the clerk of faid city court, and fhall eved by a Sherifi, Deputy Sheriff or conftable to whom directed, accorde Laws of this State and the Provisions of this Act.

By whom
Ligned,

and fore i.

And all Bonds for Profecation taken by any of faid Officers hereby impowere to fign Weats, fhall be good and effectual in Law; and Bonds for Proiou, fpecial Bail and Bonds for Appeal, fhall be taken to the adverse Party. oraid nevertheless, That no Writs (Executions excepted) or Proceffes fignby the Mayor or either of the Aldermen, fhall be of any Effect without the Limits of faid city.

Hartford City.

289

And be it further enacted by the Authority aforesaid, That the faid Mayor, Aldermen and common council, fall on the first Monday of June annually meet, Jurymen and shall then choose seventy-two Freemen offaid city or fuch greater Number how and not exceeding one hundred of faid Freemen, as the faid Mayor, Aldermen and when chofen, common council fhall Judge neceffary to serve as Jurors at faid city courts, and fhall return the Names of faid Jurors under the Hand of the Mayor of faid city, Names of the jurors to if prefent, or in cafe of his Abfence, under the Hand of the Senior Alderman be returned prefent at fuch Meeting to the clerk of faid city court, who shall write each Ju- to, &c. For's Name thus chofen fairly on a feparate Piece of Paper, and roll up and put Clerk to the fame into a Box, which he thall provide and keep for that Purpose. And write the ju whenever either of the Sheriffs of faid city fhall receive a Warrant from the rors names clerk of said city court to fummon a Jury to appear before said court, the She- on, &c. riff receiving fuch Warrant, taking with him one of the Aldermen of faid city, fhall repair to the said clerk's Office, and there in the Presence of said Alderman and clerk, fhall take out of faid Box fuch Number of faid Papers as his Warrant Jurors how shall direct, and the Persons whose Names fhall be found written thereon, fhall drawn. 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 Jurors negas fhall by the Bye-Laws of faid city be inflicted for fuch neglect, and in cafe a lecting to ab tend. compleat Pannel fhall not attend, or in cafe any fhall be challenged or excused, If not a com. the Sheriff attending faid court fhall fupply fuch Deficiency by drawing in the plete pannel Presence of the court, others out of faid Box, and fummoning them to attend others drawn. and ferve until the Pannel fhall be compleat; and the Names of fuch Jurors as do not attend or are excufed, fhall be returned into the Box and be liable to be Jurors not drawn again. And the Oath to be taken by faid Jurors fhall be the fame as is attending &c. by Law provided to be taken by Jurors in civil Actions; and the Name of each Jurors oath Juror who attends any city court and ferves, shall be again written on a feparate to be, &c. Piece of Paper and shall be rolled up and put into another Box, which the The name of clerk of faid court, fhall provide for that Purpose, and shall be liable to be tending, &c. each juror atdrawn again in cafe there fhall not, by reason of Death, Removal or other caufe, Liable to be be a Sufficiency in the other Box to compleat the Pannel for that Year in which drawn again. they are chofen to serve. And the faid city may chufe a clerk of faid city, who fhall 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 further enacted by the Authority aforesaid, That the faid Mayor, Aldermen and Common council be, and they are hereby impowered to lay The Mayor, out new Highways, Streets and public Walks for the Ufe of faid city, or to &c. to lay alter thofe already laid out in faid city, and to exchange Highways for High- out highways ways, or to fell Highways for the Purpofe of Purchafing other Highways, tak- &c. or alter those already ing the fame Measures in all Refpects as are directed by the Laws of this State to be taken in case 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 or Highways, may have the fame Remedy by Application to the county Courts as is. by Law provided in cafes of Highways laid out by Select-Men.

laid out, &c.

may fine

And be it enacted by the Authority aforefaid, That in cafe any Sheriff, Deputy Sheriff or Conftable fhall not ferve a Writ directed to and received City Court by him that is returnable to faid city Court, or thall neglect to make Return Sheriffs, &c. of faid Writ, or fhall make a falfe or undue Return thereof, and a Suit for fuch Detaalt be brought against him to the faid city Court by the Perfon, his

Executors or Administrators in whofe Favour the Writ iffued, and the Defendant be found in Default, the faid Court over and above awarding Fines to be juft Damages to the Plaintiff, fhall on faid Suit fet a fuitable Fine upon paid to the the Defendant according to the Nature of cafe, and may iffue Execution city treasurer, for fuch Fine, which Fine fhall be to the Treasurer of faid city, to and for the Ufe of faid city.

lithe defend

And in all cafes in which the Defendant, who is fued to the faid city Courts, ant lives in lives within the Limits of faid city, the Writ thall be ferved upon him at leaft the city the fix days before the fitting of the Court to which the Writ is returnable; but writ to be ferved 6 days if the Defendant lives without the Limits of faid city, the Writ fhall be ferved before court, at least twelve Days before the fitting of faid Court; and all Writs returnable and if without to faid City Court, fhall be returned to the Clerk of faid Court on or before the 12 days. Day of the fitting of faid Court and before the First opening of faid Court.

able before

And the Writs that are returnable before the Mayor or either of the Aldermen of faid City, fhall, if the Plaintiff and Defendant both live within the Limits of faid City, or if the Plaintiff live without and the Defendant live Writs return within faid Limits, or if the Plaintiff be a Mariner or Seaman 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 lių 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.

the mayor,

&C.

And be it further Enacted, That the Mayor, Aldermen, Sheriffs, Common Council and Clerk of faid City, fhall be fworn to the faithful Difcharge of to be fworn. their Duty, and the Form of the Qath to be taken by the Mayor of faid City, fhall be as follows, viz.

Mayor &c.

Form of the oa th.

YOU being elected Mayor of the City of Hartford, do fear by the Name of the ever living God, that you will, without any Partiality, indifferently adminifter justice according to Law, without respect of Perfons, take no Bribe, give no Coun cil in any Matter that fhall come before you, nor deny Right to any, but well and truly perform your Office of Mayor of Jaid City, according to your best Skill. Sa help you God.

And the Form of the Oath to be taken by the Aldermen of said City, shall Aldermen to be the fame mutatis mutandis, as is prescribed by Law to be taken by Juftices of the Peace.

be sworn.

Form of an oath.

Sheriffs to

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 Hartford, de fwear by the Name of the ever-living God, that you will faithfully and uprightly dif charge the Duties of that Office jo long as you fhall bold the jame. So help you God.

And the Form of the Oath to be taken by the Sheriffs of faid City, fhall 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 Clerks of said City, shall be as follows, viz.

Clerk's oath.

You being chofen Clerk of the City of Hartford, do fwear by the Name of the ever-luing God, that you will truly and faithfully attend and execute 100

Office of Clerk of said City, according to your best Skill, and make true Entries and Records of all the Votes and Proceedings of jaid City, and juch other Matters as by Law or by the Bye-Laws of laid City, are to be recorded in your Office, and that you will deliver true Copies of the Records in your Hands, when they fall be required of you, taking your lawful Fees. So help you God.

Which Oaths may be administered by any Affiftant of this State, or Juftice of the Peace within and for the County of Hartford, or by the Mayor or either of the Aldermen of faid City, provided the Mayor or Alderman administering fuch Oath hath been sworn according to this Act.

By whom adminiftered.

And the Perfon adminiftering the Oath prefcribed by this Act, fhall give a Certificates, to Certificate thereof under his Hand to the Officer to whom he adminiftered fuch be given and Oath, which Certificate fhall be recorded in the Records of faid City, before recorded. the Perfon to whom it is given fhall be capable of executing the Office to which he was chofen.

And be it further Enacted, That there fhall be a Court of Common Council of faid City, of which the Mayor, Aldermen and Common Council of faid Ci- Power to ty fhall be Members, who, or a Majority of them, fhall have Power to make make By BYE-LAWS, relative to the erecting and regulating Markets, and relative to Laws. Commerce within the Limits faid City; relative to Perfons fummoned to serve as Jurors at faid City Courts and neglecting or refusing to ferve; relative to the Streets and Highways of faid City; relative to Nuisances within faid City Limits; relative to their Landing Places, Wharves, Anchoring and Mooring of Veffels; relative to Trees planted for Shade, Ornament, Convenience or Ule public or private, and to the Fruits of fuch Trees; relative to Trefpaffes committed in Gardens; relative to public Walks and Buildings; relative to the Sweeping of Chimneys and preferving faid City from Fire; rela- To inflict po tive to the Forms of Oath to be taken by the Treafurer of faid City, and In- cuniary Penfpectors of Produce brought to faid City for Sale or Exportation; relative to alties not ex the Manner of warning Meetings of faid City and the Court of Common Coun- ceeding 10l. cil, and the Time and Place at which they shall 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 those who being chofen to any City Office, fhall (not being excused by faid City) refuse to serve; 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 to inflict Penalties for the Breach of Penalties to fuch Bye-Laws; provided however, that fuch Penalty fhall in no Cafe exceed be to, &c. the Sum of Ten Pounds lawful Money; and faid Penalties fhall be to fuch Per- Recovered fons as the Bye-Laws of faid City shall direct, and be recoverable by the Person by, &c. No appeal. to whom forfeited by Action of Debt brought to the City Courts of faid City, in which Action no Appeal or Review fhall be allowed; provided however, that no Provifo. Bye-Laws of faid City shall be made repugnant to the Laws of this State; and provided also, that all the Bye-Laws made by faid Court of Common Council, Bye Laws to fhall be approved of by faid City in legal Meeting affembled, and after being be published.. fo approved, fhall be published at least three Weeks fucceffively in fome

public News Paper in or nearest faid City, before the fame fhall be of any Va- Liable to be lidity; and all the Bye-Laws of faid City shall at any Time within fix Months repealed by, after they are made, be liable to be repealed by any Superior Court holden in &c.. faid County of Hartford, if by fuch Superior Court on a Hearing adjudged to be unreafortable or unju

292

Grants and
Leafes fign-

ed by the
Mayor, &c.

Infpectors

Vote of the major Part of the Free. men valid.

In cafe of

Death, &c. of any Offi. per, &c.

Mayor, or, &c. to be Moderator

of the City Meeting, which may be adjourned First Meet. ing.

Annual Offi

Gers to con

tinue, &c. until, &c.

First Meeting to chute a Clerk.

Then the

Mayor, &c.

Power of

Juftices, &c. living within

the Limits, &c.

Firft Mode

rators

Hartford City.

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 City in legal Meeting affembled, fhall be good and effectual in Law to convey the Eftate intended to be conveyed by fach Grant or Leafe, provided the fame is recorded in the Records of the Town where the Lands leafed or granted lie.

And said City shall have Power to appoint Infpectors of every Kind of Produce of tife United States brought to faid City for Sale or Exportation.

And the Vote or Choice of the major Part of the Freemen prefent at a legal Meeting of faid City, shall be confidered in all Cases as the Vote or Choice of faid City.

And whenever the Mayor of faid City or any other Officer of faid City, eli gible by the Freemen thereof shall refign, or be removed by Death or otherwise, another Person shall be chofen in his Place by faid City, and (if an annual Officer) fhall continue in Office until the Expiration of the Month of March next following, unless another shall be sooner chosen and sworn in his Read.

And the Mayor of faid City or in his Abfence, the fenior Alderman prefent at any Meeting of faid City, or at any Court of Common Council, fhall Ex Officio be Moderator thereof, and the Meeting of faid City may from Time to Time by a major Vote of the Freemen prefent be adjourned.

And be it further enacted by the Authority aforefaid, That the firft Meeting of faid City shall be holden at the State-House in said Hartford, on the fourth Monday of June next at nine of the Clock in the Forençon for the Choice of a 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 A&t certified under the Hand of the Secretary of this State and published on the Sign-Poft in faid Town of Hartford at leaft three Days before faid fourth Monday of June next, fhall be a legal Warning of the Freemen of faid City to attend faid firft Meeting, and the annual Officers chofen at fall Meeting fhall continue in Office until the Expiration of the Month of March then next, unless others are fooner chofen and qualified in their ftead. And the faid City fhall at fuch Meeting, first chufe a Clerk of faid City, who all be immediately fworn, and fhall forthwith make a Record of his being chofen and fworn, and the Record thus made by him in fuch case shall be good and effectual, any Thing in this Act to the contrary notwithstanding; and fuch Records may be made by Clerks hereafter chofen of their being chofen and fworn, and fhall be good and effectual, any thing in this Act to the contrary notwithstanding; and faid City hall thereupon proceed to chufe a Mayor and the other Officers of faid City eligible by the Freemen thereof; and the Joftices of the Peace within and for the County of Hartford, 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 Manner as the Mayor, Aldermen and Sheriffs of faid City are by this Act to have and proceed at the future Elections of faid City. And the fenior Juftice of the Peace within and for the County of Hartford living within the Limits of faid City, prefent at said firft Meeting, fhall be Moderator thereof, until there fhall be a Mayor or Alderman chofen and qualified according to this A&;