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and laid City shall at their first 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 first City Court of faid City shall be holden on the

First City last Tuesday of July next at the State-House in taid City, and the City Court Court when of said City may be holden in said State-Houfe from Time to Time, or in fuck holden. other Place in said City, as faid City shall provide and judge proper.

And the Mayor, Aldermen and Common Council of said City shall on the second Tuesday of July next at three of the Clock in the Afternoon hold a

Mayor, &c. Meeting at the State House io said Hartford and shall then and there chose tbir

on the ad ty-fix Freemen of said City to serve as Jurors until the first Monday of June then Tuesday of next, and the Name of each person thus chosen thall be fairly written on a sepa- July next to rate Piece of paper and be put into the Jury-Box by this Ad to be provided Chuse thirtyby the Clerk of laid City Court, and shall be drawn out in the Mander herein

fix Jurors. before provided with rospect to Jurors. Always provided, That any Thing in this A&t notwithstanding the Inhabi

Provifo. tants living within the Limits of said City Mall to all intents and purposes be and remain a Part of said Hartford.

And whereas it is not equitable that any of the Inbabitants of that Part of the Town of Hartford not included within the limits of said City, nor podefjed of real Eftate within faid Limits fould be jubjected to any Burdent which may hereaf: ter arise in Conjequence of this Axt of Incorporation.

Be it furtbor eraéled, That all Charges and Expences that shall accrue or City Experloes may be incurred in Consequence of this Act of Incorporation, hall be borne how paid. and defrayed by Taxes on the Polls of the Inhabitants of faid City and the rateable Ettat contained within faid Limits, except such and so much of the live Stock belonging to any of the inhabitants of said City, as shall be raised and fupported from their Lands lying out of the Limits of said City.

*Provided nevertheless, That if this Act or any of the Provisions in this Act contained thall be found inconvenient, or in any Respect inadequate, the same Provisó may be altered or revoked on Representation of the city or otherwilt by the General Affembly.

Provided nevertheless, Thar the Judges of said city court nay and they are hereby authorised to hear, try and finally determine all causes brought before the city court by a Jury of six Freemen, or without a Jury, where neither of the Parties de lire to have a cause decided by a Jary, or by more than ex Ju

rors,

And this A& shall to all Intents and purposes be a public Aat.

An Aet for incorporating a Part of the Town of Middle

town.

BE it eaded by the Governer, Council and Representatives, in General Court le feriptions of afsembled, and by the Authority of Ibe jame, That all the Inhabitants

that are incorbeing Freemen of this State and dwelling in said Middletown, within the porated. following Limits, viz. Beginning at the Mouth of the little River, or Ferry Bounds of the River, thence in a northeast Lime to the eaft Side of Connecticut River at Ciry. High-water-mark, thence on the Bank of said Comesicut River, as Highwa

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ter-Mark, until it comes to a Point due eaf from Sumner's creek, thence in a weft Line to the Mouth of Sumner's creek, thence southerly and wefterly as the faid creek runs to Warwick's Bridge, thence weft to the little River including the Dwelling-House of Return Jonatban Meigs, thence northerly and eafterly down the little River as the same runs to the first Boundary, including the Wa. ters of the said little River, Sumner's creek and Connecticut River, within the preceding Limits, be and the fame are hereby ordained, conftituted aad deciared to be from Time to Time and forever hereafter

, one Body corporate and politic, in fact and in Name, by the Name of The MAYOR, ALDERMEN,

COMMON COUNCIL AND FREEMEN OF THE CITY OP MIDDLETOwx, Name of the and that by that Name they, and their successors forever shall and may have Corporation

perpetual Succeflion, and shall be Persons in Law, capable of fuing and being

sued, pleading and being impleaded, in all Suits of what Nature foever, and alCapable of suing, &c.

To purchase, hold and convey any Eftate real or personal, and may have a common Seal, and may change and alter the fame at Pleasure, and hall be Freemen of faid city.

And whereas there are maky Persons living within jaid Limits, wbo by Law are qualified to be Freemen of this State, tbat bave not taken the Oath provided

by Law to be taken by Freemen. Perfons liv. ing within

Be it Engeted, That all Persons living within faid Limits, who thall before the City pro

the second Monday of July next procure the major Part of the Seled-Men of curing a Cera the said Town of Middletown, to certify that they are qualifyed to be admited tificate, &c. and made free of this state, and fall after procuring such certificate, take beto be Free

fore some Affiftant of this State, or Justice of the Peace within and for the counStene of the ty of Hartford, the Oash provided by Law for Freemen, shall to all the PurpoCity.

ses in this Aa mentioned be confidered as Freemen of this State and Freemen of the said city of Middletown.

Annual

And

for the better Government of said City : Meeting to be in January Be it further Inedited, That there thall be a Meeting of said city holden an. for the Pur: nually in January, at fuck Time and Place as by the Bye-Laws of said city pose of chur Thall be directed, for the Purpose of choosing all the annual Officers of said city, Officers

and the annual Officers of faid city chosen at such Meeting, shall contine in Continuance Office until the Expiration of the Month of January thon next, unless others in Office. fall be sooner chofen and qualified in their stead. And the said city in legal

Meeting assembled, shall choose a Mayor, who shall hold his Office during the To choose a Pleasure of the General Assembly. And at their annual Meeting thall choose Mayor &c. four Aldermen, and a common council of not more than twenty,

and two Sheriffs out of the Freemen of said city, all which Officers and all other Officers of To choose 4 said city eligible by the Freemen thereof (the Inspectors of Produce except Aldermen,

ed) Mall be chosen by Ballot, and on each Ballot which is given in all &c.

be written the Name of the Person for whom the fame is given, and such Ballot shall be rolled up, and in the Presence of the Mayor and Aldermen

of said City, or such of them as are present at such Meeting, put by Mode of

the Person giving the same into a Box, which said city, fall provide for Shufian to be that Purpose, which Box shall be a close Box, with a Hole of a conve by Ballot Box by

nient lize in the Lid thereof, through which to put in the Ballot, and whom opened when the Freemen presend at any city Meeting shall have had a reasona Mayor and able Time to give in their Ballot, either of the Sheriffs of faid city or in the Aldermento Absence of both the Sheriffs, the Junior Alderman present, in the Precount the

fence of the Mayor and Aldermen or such of them as are present at fuch Votes Meeting Mall open the faid Box. And the Mayor and Aldermen or jush of

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Choice.

hav: Power

Collefors

&c.

them as are present, shall open, fort and count the Ballots, and the Person who . Ihall have a Majority of the Ballots given in, shall by the Sheriffs, or in their Who to de. Absence by the Junior Alderman present, be declared to be elected, and no Bal- clare the lots fhall be received after the Box thall have been opened. And said City in lezal Meeting assembled, shall have power to levy Taxes on the Polls and The City to Estate within the Limits of faid City, for such Purposes as the said city shall

to levy Taxes think proper, and to choose á collector or collectors to collect fuch Tax, who 1o chure a thall, having received a Warrant for that purpose, figned by the Mayor or one Collector. of the Aldermen of said city, have the Same Power as collectors of Town l'axes Warrant by

whom @gned by Law have, and shall be accountable to the Mayor and Aldermen of faid city in the fame Manner as the collectors of Town Taxes are by Law accoun- accountable table to the Select-men; and in case any collector shall not perform the Trust & to whom. committed to him, but shall fail of collecting fuch Rate according to the Terms of the Warrant committed to him, on complaint ihereof made by the Aldermen Cosplaint of faid city to the Mayor thereof, he fall iffae his Warrant under his Haid, being made, directed to either of the Sheriffs of faid city, to diftrain the Sums or Rates ne

&c. Mayor glected by such collector, to be collected or paid ode of the Eltate of the cold wife his lector.

And be it further enacted by ibt Aut bority aforrlaid, That the Sheriffs of laid Power of the City shall severally within the Limits of faid city, have the same Powers and Sheriffs, Authorities and be liable to the fame Suits and Penalties for neglect of Duty,

liable for in any case whatever is all Intents and Purpofes as Sheriffs by Law now have

nezlect of

Duty, City and are ; and the faid city shall be liable to answer in case of the inability of to anfuet'in said Sheriffs or either of them for the Default of said Sheriffs in all cases relative case of Inato their Office. And faid Sheriffs shall feyerally give Bond with Sureties in tuch bility, &c. Manner as by the Bye-Laws of said city shall be directed, for a faithful Dil Sheriffs to

give Bond, charge of the Duties of that Office, before they shall be capable of executing the fame, and in cafe either of bige Persons chosen Sheriffs fhall not give Bond On failure a with Sureties according to the Bye-Laws of said city, the said city may pro- new one to ceed to choose another Sheriff in his roon. And the said city in leg. Meet- be chofen. ing asferribled, shall choose a Treasurer for faid city, to continue in Office during the Pleasure of said city, which Treasurer Mall have the same Powers and to choose a Authorities withid faid city, as Town Treasurers now by Law have and shall Treasurer. be accountable to faid city.

City Court And be it fürtler Erattéd, That there shall be holder the second Tuesday of every Month in said city, a city court, which court shall have Power to adjourn monthly. from Time to Time, and shall have cognizance of all civil causes wherein the Power to Title of Land is not concerned by Law cognizable by the county courts in adjourn: this State, provided the cause of Action arile within the Limits of said city, Jurifdition. and one or both of the Parties live within the Limits of said city, and said city courts shall as to the causes by them cognizable, to all Intents and purposes To have the

samne Powers have the fame Powers and Authorities, and proceed in the fame Mana and grant Executions as said county courts now or hereafter by Law Thall ty Courts and have, proceed and grant, and the Executions granted by said city courts, Executiuns shall be served and returned in the fame Manner as the Executions granto served, &c.

as thore from ed by the said county courts; and an Appeal shall be allowed to either

the County Party from the Judgment or Determination of said City Courts to the next Court. Superior Court to be holden in the County of Hartford in all Caule in which Apreal to be an Appeal is now or hereafter by Law shall be allowed from the said County allowed. Courts, the prevailing Party however (if Plaintiff) may, such an Appeal notwithstanding, take out Execution on such judgment for the Debt or Damages The prevailand costs recovered in such City Corit aga nit the Defendant or Defendants, in Parry if,

&c. may take and levy the said Executicn and co lect the Mo' ey the con, provided he does,

out execution previous to his taking out faid Execution, become bound with two sufficient &c.

Rr

to be held

&c. as Coun.

296

Middletown City.

Provided Sureties before the Mayor of faid City, or one of the Judges of said City Coort bond be giva in a Recognizance (which Recognizance the Mayor of faid City and the

Judges of faid City Court are respectively empowered to take) in doub'e te Sun of said Judgment, that he will within one Week after final Jujgment on the Appeal retund 'o much of the Judgment of faid City Court together

with the interest thereof as shall on such Execution be collected, and iba!! 521 No appeal to be by him recovered before the Coart co which the Appeal is taken togeiber be allowed with the Execution Fees that shall accrue and be paid by the Defencant or or a fuit on Defendant on laid Execution, and no Appeal hall be allowed on any Suit such bond.

commenced on such Recognizance.

And in every A&tion brought before faid City Court, in which the plaintif If the plain: lives without the Limius of said Ciry or is a Mariner or Seaman, fuing for tifflives with. Wages due to him for Services in his Occupation, and the Defencant lives ro appeal al- within the Limits of said City, no Appeal shall be allowed the Defendant, lowed the de. unless the Matter in demand exceed the Sum of fitty Perrds Lawtu. Money, lendare with but if the Matter in demand exceed said Sum, an Apieal shall be allowed the in, unless, Defendant in the lame Manner, and under the fame Regulations as Appeals &c.

are allowable in other causes cognizable by said City Court; and no Writ of Error brought upon any Judgment of faid City Court, or of the said Mayor, or either of faid Aldermen, ihall be a Supersedeas, or have any force to stay the Levy of the Execution.

City Courts

And said City Court shall have full power to appoint and swear a Clerk to appoint for said Court, to continue in Office during the Pleasure of said Court, and iwear a who shall, as to Matters relative to his Office as Clerk of faid Court, have cirk.

the same Powers and Authorities, to all intents and purposes, as the Clerks His powers. of the County Courts in this State by Law have, and the Oath to be takea

by laid Clerk shall be the same Mutatis Mutandis, as the Oath provided by Law io be taken by the Clerks of the County Courts in this State.

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And the Mavor of faid City, or in his Absence, the fenior Aflifant Judge in this absence oflaid City Court, mav at the special Infance and Cof of any person mov. the serior ar. ing therefor, ho.d a special City Court, at such Time and Place within fi anr judge laid Ciy as the Mayor or Judge ordering the same shall appoint ; which

Courr niall proceed in the same Manner, have the same Powers and Authori. 1p riel court.

ries and in all Respects be under the fame Regulations as the Rated City Jees.

Courts of laid city, and all the taxable Fees of laid City Court shall be the lame as the taxabie Fees of the County Courts of this State.

N'ayor and

And be it further enceted, That the Mayor of faid city for the Time be. troaldunen frnch, je to

ing and the iwo Aldermen firft chosen at the annual Meeting of faid City, hoiucren,

or at their firfi Mcering, fhall compose the faid City Court and be the Judges had he thereof, and the Mayor shall be the Chief Judge of said City Court, and ite judors in case faid wo Aidermen shall be the Atlant Judges of laid court, any tuo of whom of absence

jo the Abience of the other, taking to their Affiftance the senior Alderman present, that is not a Judge of said court, or if neither of :he Aldernet. that are not Judges of said court can atrend, one of the Justices of the Peace vithin and for the County of Hartford refident within laid city shall bave Power to hold a city court.

&c.

1 but one

And if at any aty coort there shall be but one Judge prelent, be shall take je pr sent ihin to take, to his assistance two other Aldermen of said city, and in cale ore or both of

them cannot attend, he thall take one or two of the Judices of the Peace,

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court.

as the case may require, of the county of Hartford resident within the said city, and they three shall have the same Power to hold a city court, as the Judges of faid city court have.

And be it furtber enalted, That the Mayor and Aldermen of said city shall Mayor and severally within the Limits of faid city have cognizance of all civil causes, by aldermen to Law cognizable by a Juitice of the Peace, provided the cause of A&tion arise have cogni: within the Limits of said city, and one or both of the Parties live within the causes in the fame ; and the faid Mayor and Aldermen fhall as to the causes by them several- city. ly cogoizable have the same Powers and Authorities and proceed in the same Same power Manner a9 Juitices of the Peace now have, or hereafter may have and proceed, as justices.

And an Appeal shall be allowed from the Judgment or Determination of Appeal alfaid Mayor and Aldermen, in any cause by them cognizable severally to the lowed to the

next city Dext city Court, to be holden wichin said city, in all causes in which Appeal is now or hereafter thall be allowed from the Judgment of a Justice of the Peace, the prevailing Party however, if Plaintiff, may, such an Appeal potwithstanding, take out Execution on such Judgment, provided he give Bond before the Mayor of laid city or one of the Judges of laid court, in the fame Manner as is provided in cases of Appeal from said city court.

Where the And in every Action brought before the Mayor or either of the Aldernen plaintiff lives of said ciry, in which the plaintiff lives without the Limits of said city, or in without, or is which the plaintiff is a Mariner or Seaman, suing for Wages due to him for a mariner, Sev ces in bis Occupation, and the Defendant lives within the Limits of said

peal. city, no Appeal thali be allowed the Defendant.

Taxable fecs, And the taxable Fees in all causes cognizable by the Mayor or by one of

&c. the Aldermen of said city severally, thall be the same as the taxable Fees in like cales before Juftices of the Peace. And the Processes in all Axions

Proceffes the brought to laid city court, thall be the same as the Processes to the county same as to courts in this State ; and the Processes in all A&ions brought before the the county Mayox or one of the Aldermen of faid city, Mall be the same as the Processes ocurt. in Aétions brought before a Justice of the Peace, which Procesies shall be figned b, he Governor, Lieutenant Governor or one of the Affilants of:his Srate, By whom or by a Just.ceofcae Peace within and for the county of Hartford, or by the Mayor

figned, or one of the Aldermen of faid city or the clerk of faid city court, and tall and servado be served by a Sheriff, Deputy Sheriff, or conftable to whom directed, accord. ing to the Laws of this state and the Provisions of this Act.

&c. no apo

And all Bonds for Prosecution taken by any of faid Officers hereby impow- Bonds for ered to fign Writs, Thall be good and effectual in Law ; and Bonds for Pror prosecution, fecution, special Bail and Bonds for Appeal, shall be taken to the adverse Party. &c. Provided never belejs, That no Writs (Executions excepted) or Processes figned by the Mayor er either of the Aidermen, Ihall be of aay Effed without the Bercept, & Limits of said city. And be it furiber enabled by the Authority aforesaid, that the said Mayor, Al. Jurymen

how and dle men and com non councii, hallon the first Monday of February annually meet,

when chorenie and shallthen choose thirty-fix Preemen of lait city or such greater Number, not exceeding seventy-two, oftaid Freemen, as the said Mayor, Aldermen and

Names of common council thrilthen judge necessary to serve as Jurors at iaid city court, and

the jurors to Mall return she Nares of laid Jurors under the Hand of the Mayor of faid city, be returned if present, or in case of his Absence, under the Hand of the Senior Alderman ro, &0. Present at such Meeting to the clerk of taid cicy courtne who fall write each ju.

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