faid Town of Norwich, to certify that they are qualified to be admitted Perfons living and made free of this State, and fhall after procuring fuch certificate, také be- within the Cifore fome Affiftant of this State, or Juftice of the Peace within and for the county, procuring a Certificate, ty of New-London the Oath provided by Law for Freemen, fhall to all the Purposes in this Act mentioned be confidered as Freemen of this State and Freemen men of the of the said city of Norwich. State and City

And for the better Government of faid City:

&c. to be Free

ing annual

&C.

Be it further Exacted, That there fhall be a Meeting of faid city holden an- Annual nually in July, at fuch Time and Place as by the Bye-Laws of faid city Meeting to fhall be directed, for the Purpofe of choofing all the annual Officers of faid city, be in July and the annual Officers of faid city chofen at fuch. Meeting, fhall continue in for the Pur Office until the Expiration of the Month of July then next, unless others pofe of chufa fhall be fooner chofen and qualified in their ftead. And the faid city in legal Officers. Meeting affembled, fhall choose a Mayor, who shall hold his Office during the Continuance Pleasure of the General Affembly. And at their annual Meeting fhall choofe in Office. four Aldermen, and a common council of not more than twenty, and two She- To choose riffs out of the Freemen of faid city, all which Officers and all other Officers of Mayor &c. faid city eligible by the Freemen thereof (the Inspectors of Produce except- To choose ed) fhall be chofen by Ballot, and on each Ballot which is given in fhall Aldermen, be written the Name of the Perfon for whom the fame is given, and fuch Ballot Mode of fhall be rolled up, and in the Prefence of the Mayor and Aldermen chufing to be of faid City, or fuch of them as are prefent at fuch Meeting, put by by Ballot. the Perfon giving the fame into a Box, which faid city hall provide for that Purpose, which Box fhall be a close Box, with a Hole of a convenient fize in the Lid thereof, through which to put in the Ballot, and when the Freemen prefent at any city Meeting fhall have had a reafonable Time to give in their Ballots, either of the Sheriffs of faid city or in the Box by whom Abfence of both the Sheriffs, the Junior Alderman prefent, in the Pre-opened. fence of the Mayor and Aldermen or fuch of them as are prefent at fuch Aldermen to Mayor and Meeting shall open the faid Box. And the Mayor and Aldermen or fuch of fort and them as are prefent, fhall open, fort and count the Ballots, and the Perfon who count the hall have a Majority of the Ballots given in, fhall by the Sheriffs, or in their Votes. Abfence by the Junior Alderman prefent, be declared to be elected, and no Bal- Who to delots fhall be received after the Box fhall have been opened. And faid City in Choice. legal Meeting affembled, fhall have Power to levy Taxes on the Polls and rateable The City to Eftate within the Limits of faid City, for fuch Purposes as the faid city thall have Power think proper, and to choose a collector or collectors to collect fuch Tax, who to levy Taxes hall, having received a Warrant for that Purpose, figned by the Mayor or by one of the Aldermen of said city, have the fame Power as collectors of Town Taxes by Law have, and fhall be accountable to the Mayor and Aldermen of faid whom figned city in the fame Manner as collectors of Town Taxes are by Law accoun- Collectors table to the Select-men; and in cafe any collector fhall not perform the Truft accountable committed to him, but fhall fail of collecting fuch Rate according to the Terms & to whom, of the Warrant committed to him, on complaint thereof made by the Aldermen Complaint of faid city to the Mayor thereof, he fhall iffue his Warrant under his Hand, being made, &c. Mayor dired to either of the Sheriffs of faid city, to diftrain the Sums or Rates nepicted by such collector, to be collected or paid out of the Estate of the col- Warrant &c. Sector.

clare thé

To chufe a Collector. Warrant by

to iffue his

And be it further enacted by the Authority aforefaid, That the Sheriffs of faid Power of the City than feverally within the Limits of faid city, have the fame Powers and Sheriffs, liable for Authorities and be liable to the fame Suits and Penalties for neglect of Duty, neglect of in any cafe whatever to all Intente and Purposes as Sheriffs by Law now have Duty, City

304

to anfwer in

cafe of Inability, &c.

Sheriffs to give Bond, &c.

On failure a

Norwich City.

and are; and the faid city fhall be liable to answer in cafe of the inability of faid Sheriffs or either of them for the Default of faid Sheriffs in all cafes relative to their Office. And faid Sheriffs fhail feverally give Bond with Sureties in fuch Manner as by the Bye-Laws of faid city fhall be directed, for a faithful Difcharge of the Duties of that Office, before they fhall be capable of executing the fame, and in case either of the Perfons chofen Sheriffs fhall not give Bond with Sureties according to the Bye-Laws of faid city, the faid city may proceed to choose another Sheriff in his room. And the faid city in legal Meet. ing affembled, shall choose a Treasurer for faid city, to continue in Office dørTo choose a ing the Pleasure of faid city, who fhall have the fame Powers and Authorities within faid city, as Town Treasurers now by Law have and shall be accountable to faid city.

new one to be chofen.

Treasurer.

City Court

to be held monthly. Power to adjourn.

Juridiction.

To have the

fame Powers &c. as Coun.

ty Courts and

Executions ferved, &c.

Appeal to be allowed.

And be it further Enacted, That there shall be holden monthly on the second Tuesday of every Month in faid city, a city court, which court shall have Power to adjourn from Time to Time, and fhali have cognizance of all civil causes where the Title of Land is not concerned by Law cognizable by the county courts in this State, provided the cause of Action arife within the Limits of faid city, and one or both of the Parties live within faid city, and the faid city courts fhall as to the causes by them cognizable, to all Intents and Purposes have the fame Powers and Authorities, and proceed in the fame Manner and grant Executions as faid county courts now or hereafter by Law shall have, proceed and grant, and the Executions granted by faid city courts, as chofe from fhall be ferved and returned in the fame Manner as the Executions grantthe County ed by the faid county courts; and an Appeal fhall be allowed to either Court. Party from the Judgment or Determination of faid City Court, to the next Superior Court to be holden in the County of New-London in all Caufes in which an Appeal is now or hereafter by Law fhall be allowed from the faid County Courts, the prevailing Party however (if Plaintiff) may, fuch an Appeal notwithflanding, take out Execution on fuch Judgment for the Debt or Damages and cofts recovered in fuch City Court against the Defendant or Defendants, and levy the faid Execution and collect the Money thereon, provided he does, previous to his taking out faid Execution, become bound with two fufficient 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 laid City Court and the Judges of faid City Court are respectively empowered to take) in double the Sum of faid Judgment, that he will within one Week after final Judgment on the Appeal refund fo much of the Judgment of faid City Court together with the intereft thereof, as fhall on fuch Execution be collected, and shall not be by him recovered before the Court to which the Appeal is taken, together No appeal to with the Execution Fees that fhall accrue and be paid by the Defendant on faid Execution, and no Appeal shall be allowed on any Suit commenced on fuch Recognizance.

The prevail

ing party if, &c. may take

out execution

&c.

Provided

en.

be allowed

on a fuit on fuch bond.

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 Wages 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 Pounds Lawful Money, but if the Matter in demand exceed faid Sum, an Appeal fhall 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, fhall be a Superfedeas, or have any Force to flay the Levy of the Execution.

and (wear a

And faid City Court fhall have full Power to appoint and fwear a Clerk City Courts for laid Court, to continue in Office during the Pleasure of faid Court, to appoint which clerk fhall, as to all Matters relative to his Office as Clerk of faid Court, have clerk. the fame Powers and Authorities, to all Intents and Purposes, as the Clerks of the County Courts in this State by Law have, and the Oath to be taken by faid 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.

His powers.

may call a

And the Mayor of faid City, or in his Abfence, the fenior Affiftant Judge The mayor or offaid City Court, may at the special Inftance and Cost of any Perfon mov- in his abfence ing therefor, hold a special City Court, at fuch Time and Place within the fenior affaid City as the Mayor or Judge ordering the famé fhall appoint; which iftant judge Court shall proceed in the fame Manner, have the fame Powers and Authori- fpecial court. ties and in all Respects be under the fame Regulations as the flated Courts of faid city, and all the taxable Fees of faid City Court fhall be the fame as the taxable Fees of the County Courts of this State.

Fees.

And be it further enacted, That the Mayor of faid city for the Time be-... ing, and the two Aldermen first chofen at the annual Meeting of faid 'City, Mayor and or at their first Meeting, fhall compofe the faid City Court and be the Judges two aldermen thereof, and the Mayor fhall be the Chief Judge of faid Court, and the fifchofen to be the judges. faid two Aldermen fhall be the Affiftant Judges of faid court, any two of whom in the Absence of the other, taking to their Afiftance the fenior Alderman judges in cafe prefent, that is not a Judge of faid court, or if neither of the Aldermen that of abfence are not Judges of faid court can attend, one of the Juftices of the Peace with- &c.tajpeste in an for the County of New-London refident within faid city fhall have Power sér to hold a city court,

And if at any city court there fhall be but one Judge prefent, he fhall take to his Affiftance the two other Aldermen of faid city, and in cafe one or both of If but one them cannot attend, he shall take one or two of the Justices of the Peace, then to take, judge, prefent as the cafe may require, of the county of New-London resident within the faid city, &c. and they three shall have the fame Power to hold a city court, as the Judges of faid city court have.

T

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 causes, by aldermen to Law cognizable by a Justice of the Peace, provided the cause of Action arife have cogniwithin the Limits of faid city, and one or both of the Parties live within the zance of civil caufes in the fame; and the faid Mayor and Aldermen shall as to the causes by them severalcity. ly cognizable have the fame Powers and Authorities and proceed in the fame Manner as Jultices of the Peace now or hereafter by Law shall have and proceed. as juices.

Same power

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 an Ap- next citymał peal is now or hereafter shall be allowed from a Judgment of a Justice of court. the Peace, the prevailing Party however, if Plaintiff, may, fuch an Appeal' notwithstanding, take out an Execution on fuch Judgment, provided he give Bond before the Mayor of faid city or one of the Judges of faid courty in the fame Manner as is provided in cafes of Appeal from faid city court.

without or is

And in every Action brought before the Mayor or either of the Aldermen Where the of faid city, in which the Plaintiff lives without the Limits of faid city, or in plaintiff lives which the Plaintiff is a Mariner or Seaman, fuing for Wages due for Services a mari in his Occupation, and the Defendant lives within the Limits of faid city, no &c. no apAppeal thall be allowed the Defendant. peal.

306

Taxable fees, &c.

fame as to.

the county

court.

Norwich City.

And the taxable Fees in all caufes cognizable by the Mayor or by one 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 court, 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, shall be the fame as the Procefies in Actions brought before a Juftice of the Peace, and he figned by the Governor, Lieutenant Governor, one of the Affiftants of this State, or by a Juftice of the Peace within and for the county of Nery-London, or by the Mayor or one of the Aldermen of laid city or the clerk of faid city court, and shall be ferved by a Sheriff, Deputy Sheriff, or conftable to whom directed, accord. ing to the Laws of this State and the Provisions of this A&t,

By whom Signed,

and ferved.

Bonds for.

And all Bonds for Profecution taken by any of faid Officers hereby impow. profecution, ered to fign Writs, fhall be good and effectual in Law; and Bonds for Pi. fecution, fpecial Bail and Bonds for Appeal, fhall be taken to the adverse Party. Provided nevertheless, That no Writs (Executions excepted) or Procefs fign. Except, sed by the Mayor or either of the Aldermen, fhall be of any Effect without the Limits of faid city,

Juryme how insi

when chofen.

1

And be it further enacted by the Authority aforesaid, That the faid Mayor, Aldermen and common council, fhall on the firft Monday of August annually, meet and hall then choose a Number, not exceeding one hundred and forty-four the jurors to Freemen of faid City, to ferve as Jurors at faid city court, and fhail

Names of

be returned

fo, &c.

Clerk to

write the Ju

Yors' namies on, &c.

Jurors how drawn.

tend.

If not a com

return the Names of faid 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 faid city court, who fhall write each Jurors Name thus chofen fairly on a feparate Piece of Paper, and roll up and put the fame into a Box, which he shall provide and keep for that Purpose. And whenever either of the Sheriffs of faid city fhall receive a Warrant from the clerk of faid city court to fummon a Jury to appear before said court, the Sheriff receiving fuch Warrant, taking with him one of the Aldermen of laid city, hall repair to the faid clerk's Office, and there in the Presence of faid Alderman and clerk, fhall take out of faid Box as many of faid Papers as his Warrant directs, and the Perfons whose Names shall be found written thereon, shall Jurors neg. besummoned to appear before the court to which the Warrant is returnable to ferve leeing to at as Jurors, and in cafe of neglecting to attend, shall be liable to such Penalties as hall by the Bye-Laws of faid city be inflicted for fuch negle, and in cafe a plete pannel compleat Pannel shall not attend, or in cafe any shall be challenged or excufed, others drawn, 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 shall be compleat; and the Names of fuch Jurors a 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 fhall be the fame as is by Law provided to be taken by Jurors in civil Actions; and the Name of each Juror that attends any city court and ferves, shall be again written on a feparate he name of Piece of Paper and shall be rolled up and put into another Box, which the each juror at- clerk of faid court, fhall provide for that Purpofe, and shall be liable to be tending, &c. drawn again in cafe there fhall not, by reason of Death, Removal or other caute, Liable to be be a Sufficiency in the other Box to compleat the Pannels for that Year in which dawn again. they are chofen to ferve. And the faid city may chufe a clerk of faid city, who fheli make true and regular Entries of all the Votes and Proceedings of faid cy, and the records by him kept shal, be of the fame Validity in point of Evidence in any court of Law in this State, as the Records of Towns are,

Jurors not

attending &

Jurors oath to be, &c.

City to

Norwich City.

or

307

And be it further enacted by the Authority aforefard, 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-ter thofe already ing the fame Meafures in all Refpects as are directed by the Laws of this State laid out, &c. to be taken in cafe of Highways laid out by the Select-Men for the Use 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 oat by Select-Men."

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 by him that is returnable to faid city Court, or fhall neglect to make Return City Court of faid Writ, or fhall make a falfe or undue Return thereof, and a Suit fhall, for fuch Default be brought against him to the faid city Court by the Perion, his Sheriffs, &c. Executor or Administrator in whole. Favour faid Writ is flued, and the Defendant be found in Default, the faid Court over and above awarding juft Damages to the Plaintiff, may on faid Suit fet a fuitable Fine upon Fines to be the Defendant according to the Nature of the cafe, and may iffue Execution paid to the for fuch Fine, which Fine fhall be to the Treasurer of said city, to and for the city treasurer. Ufe of faid city.

And in all cafes wherein the Defendant, who is fued to the city Court, living within the Limits of faid city, the Writ fhall be ferved upon him at least fix days before the fitting of the Court to which the Writ is returnable; but if the Defendant lives without the Limits of faid city, the Writ fhall be ferved at least twelve Days before the fitting of faid Court; and all Waits returnable to faid City Court, fhall be returned to the Clerk of faid Court on or before the Day of the fitting of faid Court n be ore the Firft opening of faid Court,

If the defend.

ant lives in the city the writ to be served 6 days gefore court, and if without 12 daysanne. 1

Writs return

And the Writs 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 lives without and the Defendant lives within the Limits of faid city, or if the Plaintiff be a Mariner or Seaman suing for Wages due to him for Services in his Occupation, and the Defendant lives within the able before Limits of faid City, be ferved upon the Defendant at least three Days before the mayors the fitting of the Court to which it is returnable; but if the Defendant lives &c. without the Limits of faid City, the Writ fhall be ferved upon the Defendant at leaft fix Days before the feting of the Court to which it is returnable.

And be it further Enacted, That the Mayor, Aldermen, Sheriffs, Common Council and Clerk of said City, shall be worn to the faithful Discharge of their, Duty, and the Form of the Oath to be taken by the Mayor of faid City, Mayor &c. fhall be as follows, viz.

You being elected Mayor of the City of Norwich, defwear by the Name of the ever living God, that you will, without any Partiality, indifferently, adminifter juftice according to Law, without respect of Persons, take no Bribe, give no Coun cil in any Matter that shall come before you, nor deny Right to any, but well and ruly perform your Office of Mayor of jaid 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 be the fame mutatis mutandis, as is prefcribed by Law to be taken by juftices of the Peace,

to be sworn.

Form of the oath.

Aldermen t