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and faid City fhall at their firft Meeting appoint a Time and Place for 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 City laft Tuesday of July next at the State-Houfe in faid City, and the City Court Court when of faid City may be holden in faid State-Houfe from Time to Time, or in fuch holden. other Place in faid City, as faid City shall provide and judge proper.

on the 2d

And the Mayor, Aldermen and Common Council of faid City fhall on the fecond Tuesday of July next at three of the Clock in the Afternoon hold a Mayor, &c. Meeting at the State-Houfe in faid Hartford and shall then and there chuse thirty-fix Freemen of faid City to ferve as Jurors until the firft Monday of June then Tuesday of next, and the Name of each Perfon thus chofen fhall be fairly written on a fepa- July next to rate Piece of Paper and be put into the Jury-Box by this Act to be provided chufe thirtyby the Clerk of faid City Court, and shall be drawn out in the Manner herein fix Jurors. before provided with refpect to Jurors.

Always provided, That any Thing in this A&t notwithstanding the Inhabitants living within the Limits of faid City fhall to all Intents and Purposes be and remain a Part of faid 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 faid City, nor poffeffed of real Eftate within faid Limits pould be jubjected to any Burdens which may hereaf ter arife in Confequence of this Act of Incorporation.

Provife.

Be it further enaded, That all Charges and Expences that fhall accrue or City Expences may be incurred in Confequence of this Act of Incorporation, shall be borne how paid. and defrayed by Taxes on the Polls of the Inhabitants of faid City and the rateable Eftate contained within faid Limits, except fuch and so much of the live Stock belonging to any of the Inhabitants of said City, as fhall be raised and fupported from their Lands lying out of the Limits of faid City.

*Provided nevertheless, That if this Act or any of the Provisions in this Act contained shall be found inconvenient, or in any Refpect inadequate, the fame Provife may be altered or revoked on Reprefentation of the city or otherwife by the General Affembly.

Provided nevertheless, That the Judges of faid city court may and they are hereby authorised 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 a caufe decided by a Jury, or by more than fix Ju

rors.

And this A&t shall to all Intents and Purposes be a public A&t.

An Act for incorporating a Part of the Town of Middle

town.

the Perfons

E it enaded by the Governor, Council and Representatives, in General Court Defcription of affembled, and by the Authority of the jame, That all the Inhabitants that are incorbeing Freemen of this State and dwelling in faid 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 Line to the eaft Side of Connecticut River at City. High-water-mark, thence on the Bank of faid Connecticut River, at Highwa

Name of the
Corporation

Capable of fuing, &c.

Perfons liv. ing within

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ter-Mark, until it comes to a Point due eaft from Sumner's creek, thence in a weft Line to the Mouth of Sumner's creek, thence foutherly and wefterly as the faid creek runs to Warwick's Bridge, thence weft to the little River including the Dwelling-Houfe of Return Jonathan Meigs, thence northerly and eafterly down the little River as the fame runs to the firft Boundary, including the Was ters of the faid little River, Sumner's creek and Connecticut River, within the preceding Limits, be and the fame are hereby ordained, conflituted and 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 OF MIDDLETOWN, and that by that Name they, and their Succeffors forever fhall and may have perpetual Succeffion, and shall be Perfons in Law, capable of fuing and being fued, pleading and being impleaded, in all Suits of what Nature foever, and alfo purchase, hold and convey any Eftate real or perfonal, and may have a common Seal, and may change and alter the fame at Pleasure, and shall be Freemen of faid city.

And whereas there are many Perfons living within jaid Limits, who by Law are qualified to be Freemen of this State, that have not taken the Oath provided by Law to be taken by Freemen.

Be it Enacted, That all Perfons living within faid Limits, who fhall before the City pro- the fecond Monday of July next procure the major Part of the Select-Men of curing a Cer- the faid Town of Middletown, to certify that they are qualifyed to be admitted tificate, &c. and made free of this State, and fhall after procuring fuch certificate, take before some Affiftant of this State, or Justice of the Peace within and for the county of Hartford, the Oath provided by Law for Freemen, fhall to all the Purpofes in this Act mentioned be confidered as Freemen of this State and Freemen of the faid city of Middletown.

to be Freemen of the State and City.

Annual Meeting to

Continuance

in Office.

To choose a
Mayor &c.

To choose 4 Aldermen, &c.

And for the better Government of faid City:

be in January Be it further Enacted, That there fhall be a Meeting of faid city holden an for the Pur- nually in January, at fach Time and Place as by the Bye-Laws of faid city pofe of chuf- fhall be directed, for the Purpose of choofing all the annual Officers of faid city, ing annual Officers and the annual Officers of faid city chofen at fuch Meeting, fhall continue in Office until the Expiration of the Month of January then next, unless others fhall be sooner chofen and qualified in their stead. And the faid city in legal Meeting affembled, fhall choose a Mayor, who fhall hold his Office during the Pleasure of the General Affembly. And at their annual Meeting fhall choole four Aldermen, and a common council of not more than twenty, and two Sheriffs out of the Freemen of faid city, all which Officers and all other Officers of faid city eligible by the Freemen thereof (the Infpectors of Produce excepted) fhall be chofen by Ballot, and on each Ballot which is given in fhall be written the Name of the Perfon for whom the fame is given, and fuch Ballot fhall be rolled up, and in the Prefence of the Mayor and Aldermen of faid City, or fuch of them as are prefent at fuch Meeting, put by the Perfon giving the fame into a Box, which faid city fhall provide for chufing to be that Purpofe, which Box fhall be a clofe Box, with a Hole of a conve nient fize in the Lid thereof, through which to put in the Ballot, and whom opened when the Freemen prefent at any city Meeting fhall have had a reafonMayor and able Time to give in their Ballot, either of the Sheriffs of faid city or in the Aldermen to Abfence of both the Sheriffs, the Junior Alderman prefent, in the Prefence of the Mayor and Aldermen or fuch of them as are prefent at fuch Meeting hall open the faid Box. And the Mayor and Aldermen or fuch of

Mode of

by Ballot.

Box by

fort and

count the Votes.

Middletown City:

Choice.

295

hav: Power to levy Taxes

them as are present, shall open, fort and count the Ballots, and the Person who Ihall have a Majority of the Ballots given in, fhall by the Sheriffs, or in their Who to deAbfence by the Junior Alderman prefent, be declared to be elected, and no Bal- clare the lots fhall be received after the Box thall have been opened. And faid City in legal Meeting affembled, fhall have Power to levy Taxes on the Polls and The City to Estate within the Limits of faid City, for fuch Purposes as the faid city fhall think proper, and to choose a collector or collectors to collect fuch Tax, who 1o chufe a thall, having received a Warrant for that Purpose, figned by the Mayor or one Collector. of the Aldermen of faid city, have the fame Power as collectors of Town Taxes Warrant by whom figned by Law have, and shall be accountable to the Mayor and Aldermen of faid Collectors city in the fame Manner as the collectors of Town Taxes are by Law accoun- accountable table to the Select-men; and in cafe any collector fhail not perform the Truft & to whom. committed to him, but fhall fail of collecting fuch Rate according to the Terms

of the Warrant committed to him, on complaint thereof made by the Aldermen Complaint of faid city to the Mayor thereof, he fall iffae his Warrant under his Hand, being made, directed to either of the Sheriffs of faid city, to diftrain the Sums or Rates ne&c. Mayor to iffue his glected by fuch collector, to be collected or paid out of the Estate of the collector.

Warrant &c.

give Bond,

And be it further enacted by the Authority aforelaid, That the Sheriffs of laid Power of the City fhall feverally within the Limits of faid city, have the fame Powers and Sheriffs, Authorities and be liable to the fame Suits and Penalties for neglect of Duty, liable for in any cafe whatever to all Intents and Purposes as Sheriffs by Law now have neglect of Duty, City and are; and the faid city fhall be liable to answer in cafe of the inability of to anfwer in faid Sheriffs or either of them for the Default of faid Sheriffs in all cafes relative cafe of Inato their Office. And faid Sheriffs fhall feyerally give Bond with Sureties in fuch bility, &c. Manner as by the Bye-Laws of faid city fhall be directed, for a faithful Dif Sheriffs to charge of the Duties of that Office, before they shall be capable of executing &c. the fame, and in cafe either of the Perfons chofen Sheriffs fhall not give Bond On failure a with Sureties according to the Bye-Laws of faid city, the faid city may pro- new one to ceed to choose another Sheriff in his room.. And the faid city in leg Meet- be chofen. ing affembled, shall choose a Treasurer for faid city, to continue in Office during the Pleasure of faid city, which Treasurer fhall have the fame Powers and To choose a Authorities within faid city, as Town Treasurers now by Law have and fhall Treasurer. be accountable to faid city.

to be held

And be it further Enacted, That there fhall be holden the fecond Tuesday of City Court every Month in faid city, a city court, which court shall have Power to adjourn monthly. from Time to Time, and fhall have cognizance of all civil caufes 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 faid city, Jurifdiction. and one or both of the Parties live within the Limits of faid city, and faid city courts fhall as to the caufes by them cognizable, to all Intents and Purposes To have the have the fame Powers and Authorities, and proceed in the fame Man &e. as Counfame Powers and grant Executions as faid county courts now or hereafter by Law shall ty Courts and have, proceed and grant, and the Executions granted by faid city courts, Executions fhall be ferved and returned in the fame Manner as the Executions grant- ferved, &c. ed by the faid county courts; and an Appeal fhall be allowed to either as thofe from the County Party from the Judgment or Determination of faid City Courts to the next Court. Superior Court to be holden in the County of Hartford in all Caulein which Appeal to be an Appeal is now or hereafter by Law fhall be allowed from the faid County allowed. Courts, the prevailing Party however (if Plaintiff) may, fuch an Appeal notwithstanding, take out Execution on fuch Judgment for the Debt or Damages The prevailand cofts recovered in fuch City Court aga nit the Defendant or Defendants, ing party if, &c. may take and levy the faid Execution and co lect the Money the eon, provided he does, out execution previous to his taking out faid Execution, become bound with two fufficient Rr

&c.

296

Provided

Middletown City.

Sureties before the Mayor of faid City, or one of the Judges of faid City Court, bond be giv in a Recognizance (which Recognizance the Mayor of faid City and the

en.

Judges of faid City Court are refpectively empowered to take) in double the Sum of faid Judgment, that he will within one Week after final Judgment on the Appeal refund to much of the Judgment of faid City Court together with the intereft thereof as shall on fuch Execution be collected, and shall not No appeal to be by him recovered before the Court to which the Appeal is taken, together with the Execution Fees that shall accrue and be raid by the Defendant or Defendants on faid Execution, and no Appeal shall be allowed on any Suit commenced on fuch Recognizance.

be allowed

or a fuit on fuch bond.

If the plain
tiff lives with-
cut the city,
al-

ro appeal
lowed the de.
fendant with-
in, unless,
&c.

City Courts

to appoint

and wear a

clark.

And in every Action brought before faid City Court, in which the Plaintiff lives without the Limits of faid City or is a Mariner or Seaman, fuing for Wapes due to him for Services in his Occupation, and the Defendant lives within the Limits of faid City, no Appeal fhall be allowed the Defendant, unless the Matter in demand exceed the Sum of fifty Pourds Lawie, Money, but if the Matter in demand exceed said Sum, an Appeal shall be allowed the Defendant in the fame Manner, and under the fame Regulations as Appeals are allowable in other caufes cognizable by faid City Court; and no Writ of Error brought upon any Judgment of faid City Court, or of the faid Mayor, or either of faid Aldermen, shall be a Superfedeas, or have any Force to ftay the Levy of the Execution.

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, who fhall, as to Matters relative to his Office as Clerk of faid Court, have the fame 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 taken by laid Clerk fhall be the fame Mutatis Mutandis, as the Oath provided by Law to be taken by the Clerks of the County Courts in this State.

The mayor of

And the Mayor of faid City, or in his Abfence, the fenior Affiftant Judge in his abfence of laid City Court, may at the special Inftance and Coft of any Perfon mov. the ferior af- ing therefor, hold a special City Court, at fuch Time and Place within. fan judge aid City as the Mayor or Judge ordering the fame fhall appoint; which Court fhall proceed in the fame Manner, have the fame Powers and Authorities and in all Refpects be under the fame Regulations as the flated City Courts of faid city. and all the taxable Fees of faid City Court shall be the fame as the taxable Fees of the County Courts of this State.

may call a

fp rial court. Fecs.

Mayor and

to aldermen

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And be it further enacted, That the Mayor of faid city for the Time being, and the two Aldermen firft chofen at the annual Meeting of faid City, or at their firf Meeting, fhall compofe the faid City Court and be the Judges thereof, and the Mayor fhall be the Chief Judge of faid City Court, and the judges in cafe faid two Aidermen fhall be the Affiftant Judges of faid court, any two of whom in the Abfence of the other, taking to their Affiftance the fenior Alderman prefent, that is not a Judge of faid court, or if neither of the Aldermen that are not Judges of faid court can attend, one of the Justices of the Peace within and for the County of Hartford refident within faid city fhall have Power to hold a city court.

of abfence

&c.

I but one

je pr.fent

And if at any city court there fhall be but one Judge prefent, he fhall take then to take, to his Affiftance two other Aldermen of faid city, and in cafe one or both of them cannot attend, he fhall take one or two of the Jukices of the Peace,

&0

Middletown City.

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

297

zance of civil

And be it further enacted, That the Mayor and Aldermen of faid city fhall Mayor and feverally within the Limits of faid city have cognizance of all civil caufes, by aldermen to Law cognizable by a Jultice of the Peace, provided the caufe of Action arife have cogni. within the Limits of faid city, and one or both of the Parties live within the caufes in the fame; and the faid Mayor and Aldermen fhall as to the caufes by them feveral- city. ly cognizable have the fame Powers and Authorities and proceed in the fame Same power Manner as Justices of the Peace now have, or hereafter may have and proceed. as juftices.

court.

And an Appeal fhall be allowed from the Judgment or Determination of Appeal alfaid Mayor and Aldermen, in any cause by them cognizable feverally to the lowed to the next city Court, to be holden within faid city, in all caufes in which Ap- next city peal is now or hereafter fhall be allowed from the Judgment of a Juftice of the Peace, the prevailing Party however, if Plaintiff, may, fuch an Appeal Dotwithstanding, take out Execution on fuch Judgment, provided he give Bond before the Mayor of laid city or one of the Judges of faid court, in the fame Manner as is provided in cafes of Appeal from faid city court.

Where the

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

&c. no ap

peal.

Taxable fees,

And the taxable Fees in all caufes cognizable by the Mayor or by one of &c. the Aldermen of faid city feverally, thall 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 court, fhall be the fame as the Proceffes to the county fame as to courts in this State; and the Proceffes in all Actions brought before the the county Mayor or one of the Aldermen of faid city, fhall be the fame as the Processes curt. in Actions brought before a Juftice of the Peace, which Processes shall be figned by he Governor, Lieutenant Governor or one of the Affifants of this State, By whom or by a Juft.ce of the Peace within and for the county of Hartford, or by the Mayor figned, and ferved of one of the Aldermen of faid city or the clerk of faid city court, and shall 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.

&6.

And all Bonds for Profecution taken by any of faid Officers hereby impow- Bends for ered to fign Writs, fhall be good and effectual in Law; and Bonds for Pro, prosecution, fecution, fpecial Bail and Bonds for Appeal, fhall be taken to the adverse Party. Provided nevertheless. That no Writs (Executions excepted) or Proceffes figned by the Mayor er either of the Aldermen, fhall be of any Effect without the Bcept, &% Eimits of faid city.

Names of

And be it further enacted by the Authority aforesaid, That the faid Mayor, Al- Jurymen de men and common council, fhall on the first Monday of February annually meet, how and when chofen and fhall then choose thirty-fix Freemen of laid city or fuch greater Number, not exceeding seventy-two, of laid Freemen, as the faid Mayor, Aldermen and common council fhall then judge neceflary to serve as Jurors at faid city court, and fhail return the Names of laid Jurors under the Hand of the Mayor of faid city, if prefent, or in cafe of his Abfence, under the Hand of the Senior Alderman Prefent at fuch Meeting to the clerk of laid city court, who fhall write each ja

be returned the jurors to

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&0.

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