298

Clerk to

Middletown City.

ror's Name thus chofen fairly on a feparate Piece of Paper, and roll up and put write the ja- the fame into a Box, which he shall provide and keep for that Purpose. And

rors names on, &c.

drawn.

tend.

plete pannel

whenever either of the Sheriffs of faid city shall receive a Warrant from the clerk of faid city court to fummon a Jury to appear before faid court, the Sheriff receiving fuch Warrant, taking with him one of the Aldermen of faid 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 fuch Numbers of faid Papers as his Warrant shall direct, and the Perfons whofe Names fhall be found written thereon, fhall Jurors neg. be fummoned to appear before the court to which the Warrant is returnable to ferve lecting to at- 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 If not a com- compleat Pannel fhall not attend, or in cafe any fhall be challenged or excufed, the Sheriff attending faid court fhall 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 compleat; and the Names of fuch Jarors as do not attend or are excufed, fhall be returned into the Box and be liable to be drawn again. And the Oath to be taken by faid Jurors shall be the fame as is by Law provided to be taken by Jurors in civil Actions; and the Name of each Juror who attends any city court and ferves, fhall be again written on a feparate The name of Piece of Paper and fhall be rolled up and put into another Box, which the each juror at- clerk of faid court, fhall provide for that Purpose, and shall be liable to be Liable to be drawn again in cafe there shall not, by reason of Death, Removal or other caufe, drawn again. be a Sufficiency in the other Box to compleat the Pannels for that Year in which

others drawn,

&c.

Jurors not

attending &c.

Jurors oath

to be, &c.

tending, &c.

choose a Clerk.

The Mayor,

&c. or alter

those already

they are chofen to ferve. And the said city may chufe a clerk of said 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 aforefard, That the faid Mayor, &c. to lay Aldermen and Common council ba, and they are hereby impowered to lay out highways out new Highways, Streets and public Walks for the Ufe of faid city, or to alter thofe already laid out in faid city, and to exchange Highways for Highlaid out, &c. ways, or to fell Highways for the Purpose of Purchasing other Highways, tak ing the fame Measures in all Refpects as are directed by the Laws of this State to be taken in cafe of Highways laid out by the Select-Men for the Ufse of their Towns, and the Party aggrieved by the laying out of fuch Streets or Highways, may have the fame Remedy by Applications to the county Courts as ią by Law provided in cafes of Highways laid out by Select-Men.

City Court may fine Sheriffs, &c.

Fines to be
paid to the
ty treafurer,

If the defend.

And be it enacted by the Authority aforesaid, That in cafe any Sheriff, Deputy Sheriff or Conftable fhall not lerve a Writ directed to and received by him that is returnable to faid city Court, or fhall neglect to make Return of faid Writ, or fhall make a falfe or undue Return thereof, and a Suit thall, for fuch Default be brought against him to the faid city Court by the Perfon, his Executors Adminiftrators in whofe Favour the Writ iffued, and the Defendant be found in Default, the faid Court over and above awarding just Damages to the Plaintiff, may on faid Suit fet a fuitable Fine upon the Defendant according to the Nature of the cafe, and may flue Execution for fuch Fine, which Fine fhall be to the Treasurer of faid city, to and for the Use of faid city.

And in all cafes in which the Defendant, who is fued to the faid city Courts, lives within the Limits of faid city, the Writ shall be served upon him at least fix days before the fitting of the Court to which the Writ is returnable; but ferved 6 days if the Defendant lives without the Limits of faid city, the Weit fhall be ferved

t lives in the city the writ to be

at least twelve Days before the fitting of faid Court; and all Writs returnable before court, To faid City Court, fhall be returned to the Clerk of faid Court on or before the and if without 12 days. Day of the fitting of faid Court and before the First opening of said Court.

And the Writs returnable before the Mayor or either of the Alder, men 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 able before due to him for Services in his Occupation, and the Defendant lives within the the mayor, Limits of faid City, be ferved upon the Defendant at least three Days before &c. the fitting of the Court to which it is returnable; but if the Defendant live 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 Council and Clerk of faid City, fhall be fworn to the faithful Difcharge of Mayor &c. their Duty, and the Form of the Oath to be taken by the Mayor of faid City, to be fworn. Thall be as follows, viz.

eath,

You being eleaed Mayor of the City of Middletown, do wear by the Name of the ever living God, that you will, without any Partiality, indifferently adminifter Form of the iuftice according to Law, without respect of Persons, take no Bribe, give no Council in any Matter that fhall 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 te be the fame mutatis mutandis, as is prescribed by Law to be taken by Justices be swarn. pfthe Peace.

And the Form of the Oath to be taken by the Common Council-Men of faid City, fhall be as follows, viz.

You being elected a Common Council-Man for the City of Middletown, do wear Form of an by the Name of the ever-living God, that you will faithfully and uprightly dif- pathe charge the Duties of that Office fo long as you shall bold the jame. So help you God.

And the Form of the Oath to be taken by the Sheriffs of faid City, fhall be Sheriffs to take an oath. the fame 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, fhall be as follows, viz.

YOU being chofen Clerk of the City of Middletown, do swear by the Name of · the ever-living God, that you will truly and faithfully attend and execute the Clerk's authe Office of Clerk of jaid 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 shall be required of you, taking only your lawful Fees. So help you God.

Which Oaths may be adminiftered by any Affiftant of this State, or Juftice

of the Peace within and for the County of Hartford, or by the Mayor or either By whom of the Aldermen of faid City, provided the Mayor or Alderman administering administered!

fach Oath hath been fworn according to this Act,

300

recorded...

Middletown City.

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

Power to

make ByeLaws.

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 fhall be the Members, who, or a Majority of them, fhall have Power to make BYE-LAWS, relative to the erecting and regulating Markets, and relative to Commerce within the Limits of faid City; relative to Perfons fummoned to ferve as Jurors at faid City Courts and neglecting or refufing 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 Use public or private, and to the Fruits of fuch Trees; relative to Trespalles committed in Gardens; relative to Walks and Buildings public or private; relative to the Sweeping of Chimneys and preferving faid City from Fire; relative to the Forms of Oaths 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 and Place at which they fhall be holden; relative to the Qualifications in point of Property of the Mayer and Aldermen; relative to the Bonds to be given by the Sheriffs of faid City for a faithful Difcharge of their Duty; relative to the Penalties to be incurred by thofe who being chofen to any City Office, fhall (not being excufed by faid City) 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 to inflict Penalties for the Breach of fuch Bye-Laws; provided however, that fuch Penalty fhall in no Cafe exceed the Sum of Ten Pounds lawful Money; and faid Penalties fhall be to fuch Perfons as the Bye-Laws of faid City fhall direct, and be recoverable by the Perfons to whom forfeited by Action of Debt brought to the City Courts of faid City, in which Action no Appeal or Review shall be allowed; provided however, that no Bye-Laws of faid Ĉity fhall be made repugnant to the Laws of this State; and provided also, that all the Bye-Laws made by faid Court of Common Council, fhall be approved of by faid City in legal Meeting affembled, and after being Bye-Laws to fo approved, fhall be published at least three Weeks fucceffively in fome be published. public News-Paper in or nearest faid City, before the fame fhall be of any Validity; and all the Bye-Laws of said City shall at any Time within fix Months after they are made, be liable to be repealed by any Superior Court holden in faid County of Hartford, if by fuch Superior Court on a Hearing adjudged to be unreasonable or unjust,

To inflict pe

cuniary Pen

alties not ex

eseding 10l.

Penalties to be to, &c. Recovered by, &c.

No appeal,

Provifo.

Liable to be

repealed.

Grants and Leafes figned by the

Mayor, &c.

Infpectors

And all Grants and Leafes of any real Efate belonging to faid City, figned by the Mayor of faid. City, and fealed with the City Seal, and approved by said City in legal Meeting affembled, fhall be good and effectual in Law to convey: the Estate intended to be conveyed by fuch Grant or Leafe, provided the fame is recorded in the Records of the Town where the Lands leafed or granted

lie.

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

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

of the Free

men valid.

And whenever the Mayor of faid City or any other Officer of said City, eli- In case of gible by the Freemen thereof fhall refign, or be removed by Death or otherwife, Death, &c. another Perion fhall be chofen in his Place by faid City, and (if an annual of any OffiOficer) fhall continue in Office until the Expiration of the Month of cer, &c January next following, unless another shall be sooner chofen and fworn in his fead.

Mayor, or, And the Mayor of faid City or in his Abfence, the fenior Alderman prefent &c. to be at any Meeting of faid City, or at any Court of Common Council, fhall Ex Moderator of the City Officio be Moderator thereof, and the Meeting of faid City may from Time to Meeting, Time by a major Vote of the Freemen prefent be adjourned. which may And be it further enacted by the Authority aforesaid, That the first Meeting be adjourned of faid City fhall be holden at the Town-Houfe in faid Middletown, on the fecond Firk Meeting. Tuesday of July next at nine of the Clock in the Forenoon 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 Middletown, at least three Days before said fecond Tuesday of faid July, fhall be a legal Warning of the Freemen of Annual Offifaid City to attend faid firft Meeting, and the annual Officers chofen at cers to confaid Meeting fhall continue in Office until the Expiration of next tinue, &c. January, unless others are fooner cholen and qualified in their ftead. until, &c. And the laid City fhall at fuch Meeting, firft chufe a Clerk of faid City, who shall be immediately fworn, and fhall forthwith make a First MeetRecord of his being chofen and fworn, and the Record thus made by him ing to chule in fuch cafe fhall be good and effectual, any Thing in this Act to the contrary notwithflanding; and fuch Record may be made by 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 hall thereupon proceed to chufe a Mayor and the other Officers Then the of faid City eligible by the Freemen thereof; and the Juftices of the Mayor, &c ́ Peace within and for the County of Hartford, living and inhabiting within the Limits of faid City and prefent at fuch fift Meeting, fhall have as to the Election of the Mayor, Aldermen, Sheriffs, Common Councilmen and Clerk of laid City, the fame Powers and proceed in the fame Manner as the Mayor, Aldermen and Sheriffs of faid City by this A&t are to have and proceed in

a Clerk.

at the future Elections of faid City. And the fenior Juftice of the Peace First Mode. within and for the County of Hartford living within the Limits of faid iators. City, prefent at faid firft Meeting, fhall be Moderator thereof, until there fhall be a Mayor or Alderman chofen and qualified according to this Act; and faid City hall at their first Meeting appoint a Time and Place for holding the first Court of Common Council, which Court fhall have Power to adjourn Firft City from Time to Time; and the firft City Court of faid City fhall be holden on the Court when frit Tuesday of Auguft next at the Town-House in faid City, and the City Courts of faid City may be heiden in faid Town-House 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 fhall on the third Tuesday of July next at three of the Clock in the Afternoon hold a Meeting at the Town-Houle in faid Middletown, and shall then and there chafe

holden.

༡༠༧

Mayor, &c. on the 3d Tuesday of July to chufe thirtyfix Jurors.

Provifo.

Provifo.

Provife.

Public A&t.

Norwich City.

thirty-fix Freemen of faid City to ferve as Jurors until after the first Monday of February next, and the Name of each Person thus choten shall be fairly written on a feparate Piece of Paper and be put into the Jury-Box by this Act to be provided by the Clerk of faid City Court, and shall 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 Purpoles be and remain a Part of the said Town of Middletown,

Provided nevertheless, That if this Act or any of the Provifions therein contained thall 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.

Provided nevertheless, and it is hereby enacted, 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 cause decided by a Jury, or by more than fix Jurors.

And this Act shall to all Intents and Purposes be a public Act.

An Act for incorporating a Part of the Town of Norwich: Defcription of Bit ended by the Governor, Council and Representatives, in General Court

of

and by the Authority of the fame, That Freemen of this the Perfons State Inhabitants of faid Norwich, dwelling and inhabiting within the followthat are incor- ing Bounds, viz. Beginning at the Mouth of Trading Cove Brook at the Bounds porated. between the Towns of New-London and Norwich, thence running up faid Brook to the Bridge on New-London Road, called Trading Cove Bridge, thence a strait Bounds of the Line to the Weft-Side of the Mills at the Iron-Works belonging to Elijah City. Backus, Efq. thence an Eastwardly Line to the North-Side of the Dwelling House of Captain John Hughes, thence a strait Line to Reath's Landing (fo called) on the South-Side of Shetucket River, thence by Shetucket River and the River Thames, at High-Water-Mark, to the Mouth of Pouquarannock Cove, thence North-Weftwardly across faid River to the Line between the Towns of Norwich and New-Londen, thenee by faid New-London Line to the first mentioned Bounds, be and the fame are hereby ordained, conftituted and declared to be from Time to Time and forever hereafter one Body corporate and Name of the politic, in Fact and in Name, by the Name of THE MAYOR, ALDERMEN, Corporation COMMON COUNCIL AND FREEMEN OF THE CITY OF NORWICH, and that by that Name they, and their Suceeffors forever shall and may have perpetual Succeffion, and fhall be Perfons in Law, capable of fuing and being fued, pleading and being impleaded, in all Suits of what Nature foever, and alfo to purchase, hold and convey any Eftate real or perfonal, and may have a common Seal, and may change and alter the fame at Pleafure, and fhall be Freemen of faid city.

Capable of
Aring, &c.

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 Oaib provided by Law to be taken by Freemen.

Beit Enaded, That all fuch Perfons living within faid Limits, who shall before the fecond Monday of July next precure the major Part of the Seleḍt-Men of