100 Jurors how drawn. Jurors neglecting to at tend. If not a com New-London City. fairly on a feparate Piece of Paper, and roll up and put the fame Clerk to write into a Box, which he fhall provide and keep for that Purpose; the jurors and whenever either of the Sheriffs of faid City fhall receive a names on, &c. Warrant from the Clerk of the City Court, to fummon a Jury to appear before said Court, the Sheriff receiving fuch Warrant, taking with him one of the Aldermen of faid City, fhall repair to the laid Clerk's Office, and there in the Prefence of faid Alderman and Clerk, fhall take out of faid Box fo many of faid Papers as his Warrant fhall direct, and the Perfons whofe Names fhall be found written therein, fhall 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 as fhall by the By-Laws of faid City be inflicted for fuch Neglect; and in cafe a complete Pannel fhall not attend, or in cafe any fhall be plete pannel, challenged or excufed, the Sheriff attending faid Court fhall supothers drawn, ply 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 complete; and the Names of fuch Jurors 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, fhall be the fame as is by Law provided to be taken by Jurors in civil Actions. And the Name of each Juror that at tends any City Court and ferves, shall be again written on a separate Piece of Paper, and fhall be rolled up and put into another Box, which the Clerk of faid Court fhall provide for that Purpose, and fhall be liable to be drawn again, in cafe there fhall not, by Reason of Death, Removal, or other Caufe, be a Sufficiency in the other Box, to complete the Pannel for that Year, in which they are chofen to ferve. &c. Jurors not at zending, &c. Jurors oath to be, &c. The name of cach juror atzending, &c. Liable to be drawn again. The city to 20. And the faid City may choofe 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 choose a clerk. faine Validity in point of Evidence, in any Court of Law in this State, as the Records of Towns are. The mayor, 21. And be it further enacted, That the faid Mayor, Aldermen, and Common Council be, and they are hereby empowered to lay out new Highways, Streets and public Walks for the Ufe of said &c. to lay out City, or to alter thofe already laid out in faid City, and to exchange highways &c. Highways for Highways, or to fell Highways for the Purpose of or alter thefe purchafing other Highways, taking the lame Measures in all Ref already laid pects, as are directed by the Laws of this State to be taken, in case at, &c. of Highways laid out by the Selectmen for the ufe of their Towns, and the Party aggrieved by the laying out of fuch Streets or High, ways, may have the fame Remedy by Application to the County Court, as is by Law provided in cafes of Highways laid out by Select-Men. City court may fine fheraffe, &c. 22. And be it further enacted, That in cafe any Sheriff, DeputySheriff 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 falfe or undue Return thereof, and a Suit fhall for fuch Default, be brought against him to the faid City Court by the Perfon or his Executor or Adminiftrator, in whofe Favour faid Writ iffued, and the Defendant be found in Fines to be Default; the faid Court, over and above awarding juft Damages city treasurer. paid to the to the Plaintiff, may, on faid Suit, fet a fuitable Fine upon the Defendant, according to the Nature of the cafe, and may iffue Execution for fuch Fine; which Fine fhall be to the Treasurer of faid City, to and for the Use of faid City. writ to be. 23. And in all cafes wherein the Defendant who is fued to the If the defendfaid City Court, lives within the Limits of faid City, the Writ ent lives in fhall be ferved upon him at least fix Days before the Day of the the city, the fitting of the Court to which the Writ is returnable; but if the ferv'd 6 days Defendant lives without the Limits of faid City, the Writ fhall before court, be ferved at least twelve Days before the fitting of faid Court; &c. if withand all Writs returnable to faid City Court, fhall be returned to out, 12 days. the Clerk of faid Court on or before the Day of the fitting of said Court, and before the firft opening of faid Court. Writs return 24. And the Writs that are returnable before the Mayor or either of the Aldermen, fhall, if the Plaintiff and Defendant both live within the Limits of, or, if the Plaintiff lives without and the able before Defendant lives within the Limits of faid City, or if the Plaintiff the mayor, be a Mariner or Seaman fuing for Wages due to him for Services &c. 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 De fendant lives without the limits of faid City, the Writ fhall be served upon the Defendant at least fix Days before the fitting of the Court to which is is returnable. be fworn. 25. And be it further enacted, That the Mayor, Aldermen, She- Mayor, &c. te riffs, Common Council and Clerk of faid City, shall be sworn to a faithful Difcharge of their Duty; and the Form of the Oath to be taken by the Mayor of faid City, fhall be as follows, viz. YOU being elected Mayor of the City of New-London, do fwear by the Name of the Everliving God, that you will, without any Parti- Form of the ality, indifferently adminifter Juftice, according to Law, without re- oath. fpect of Perfons, take no Bribe, give no Counfel in any Matter that Jhall come before you, nor deny Right to any, but well and truly perform your Office of Mayor of faid City, according to your beft fkill. So help you GOD. be sworn. 26. And the Form of the Oath to be taken by the Aldermen of Aldermen to faid City, fhall be the fame mutatis mutandis as is prescribed by Law to be taken by Juftices of the Peace. 27. 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 New Form of an London, for the Year enfuing, Dofwear by the Name of the Everliv- oath. ing God, that you will faithfully and uprightly difcharge the Duties of that Office, fo long as you fhall hold the fame. So help you GOD. 28. And the Form of the Oath to be taken by the Sheriffs of faid Sheriffs to City, fhall be the fame prefcribed by Law to be taken by the She- take an oath. riffs mutatis mutandis. 102 New-London City. 29. And the Form of the Oath to be taken by the Clerk of faid City, fhall be as follows, viz. YOU. being chofen Clerk of the City of New-London, Do fwear by the Name of the Everliving God, that you will truly and faithfully Clerk's oath. attend and execute the Place and Office of Clerk of faid City, according to your beft fkill, and make true Entries and Records of all the Votes and Proceedings of faid City, and fuch other Matters as by Law, or the By-Laws of faid City, are to be recorded in your Office; and that you will deliver true Copies of the Records in your Hands, when they fhall be required of you, taking only your lawful Fees. By whom ad. miniftred. So help you GOD. 30. Which Oaths may be administered by any Affiftant of this State, or Juftice of the Peace within and for the County of NewLondon, or by the Mayor, or either of the Aldermen of faid City; provided the Mayor or Alderman adminiftering fuch Oath hath been fworn according to this A&t. 31. And the Perfon adminiftering the Oath prefcribed by this Certificate to Act, fhall give a Certificate thereof under his Hand, to the Officer be given, to whom he adminifters fuch Oath, which Certificate fhall be reand recorded. corded in the Records of faid City, before the Perfon to whom it is given fhall be capable of executing the Office to which he is chofen. - Power to make bylaws. 32. 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 City fhall be Members, who, or the major Part of them, fhall have Power to make By-Laws, relative to Markets and Commerce within the limits of faid City; relative to Perfons fummoned to serve as Jurors at faid City Court, and neglecting to attend or refufing to ferve; relative to the Streets and Highways of faid City; relative to Nufances in faid City Limits; relative to their Wharves, anchoring and mooring of Veffels; relative to Trees planted for Shade, Ornament, Convenience, or Ufe, public or private, and to the Fruit of fuch Trees ; relative to Trefpaffes committed in Gardens; relative to Walks, and Buildings public or private; to the fweeping of Chimnies, and preferving faid City from Fire; relative to Forms of Oaths to be taken by the Treasurer of faid City, and Infpectors of Produce brought to faid City for Sale or Exportation; the Manner of warning Meetings of faid City and the Court of Common Council, and the Time when and Place where they fhall 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 Difcharge of their Duty;. relative to the Penalties to be incurred by thole, who, being chofen to any City Office, (and not being excufed by the City) fhallTo inflict pe- refuse to ferve; relative to a City Watch; relative to the burial alties, not ex- of the Dead; relative to the public Lights and Lamps of said Ciceeding 34dol ty; relative to reftraining Geefe and Swine from going at large within the Limits of faid City; and relative to the Mode of Taxation as to Taxes levied by faid City; and to inflict Penalties for the Breach of fuch By-Laws: Provided however, that fuch Pe cuniary pen Penalties to be to, &c. relative to nalties fhall in no cafe exceed the Sum of Thirty-four Dollars; Recovered and faid Penalties fhall be to fuch Perfons as the By-La s of faid by, &c. No appeal. City fhall direct, and be recoverable by the Persons to whom for- Provifo. feited, by Actions of Debt brought to the City Court of faid City, in which Action no Appeal or Review fhall be allowed: Provided however, that no By-Laws of faid City shall be made to the Laws of this State. repugnant 33. And provided alfo, that all the By-Laws made by faid Court By-laws to of Common Council, fhall be approved of by faid City in legal be published. Meeting affembled, and after being fo approved, fhall be published at least three Weeks fucceffively in fome public News-paper, in or near faid City, before the fame fhall be of any Validity. Liable to be 34. And all the By-Laws of faid City, fhall at any Time within fix Months after they are made, be liable to be repealed by any repealed, by, Superior Court holden in faid County of New-London, if by fuch &c. If, &c. Superior Court, un a Hearing, adjudged to be unreasonable or un just. 35. And all Grants and Leafes of any real Eftate belonging to Grants & lea faid City, figned by the Mayor of faid City, and fealed with the fes figned by City Seal, and approved by faid City in legal Meeting affembled, the mayor,&c. fhall be good and effectual in Law, to convey the Eftate intended to be conveyed by fuch Grant or Leafe; provided the fame is recorded in the Records of the Town where the Land leafed or granted lies. 36. And faid City fhall have Power to appoint Infpectors of ev- Infpectors of ery Kind of Produce of the United States, brought to said City for produce. Sale or Exportation. Vote of the 37. And the vote or choice of the major Part of the Freemen the freemen major part of prefent at any legal Meeting of faid City, fhall be confidered in all valid, Cafes as the vote or choice of faid City. In cafe of death, &c. of any officer, 38. And whenever the Mayor of faid City, or any other Officers of faid City, eligible by the Freemen thereof shall refign, or be removed by Death, or otherwife, another Perfon fhall be chofen in his Place by faid City; and (if an annual Officer) fhall con- &c. tinue in Office till the Expiration of the Month of June next following, unless another fhall be fooner chofen and fworn in his Stead. Mayor, or &c. 39. And the Mayor of faid City, or in his Absence, the fenior to be moderaAlderman prefent at any Meeting of faid City, or at any Court of tor of the city Common-Council, fhall, ex-Oficio, be Moderator thereof. And meeting, the Meetings of faid City may, from Time to Time, by a major Vote of the Freemen prefent, be adjourned. which may be adjourned. 40. And be it further enacted, That the firft Meeting of faid City First meeting. fhall be holden at the Town-School Houfe in faid New-London, the second Monday of March next, at nine o'clock in the Forenoon, for the choice of the Mayor, Aldermen, Common Council and Sheriffs of faid City, and to tranfact fuch other Business as may be neceffary; which Meeting may be from Time to Time adjourn Annual offied. And a Copy of this Paragraph of this A&t, certified under cers to continthe Hand of the Secretary of this State, and published on the ue, &c. until Sign Poft in faid Town of New-London, at least three Days before &c. 104 to choose a clerk. New-London City. faid fecond Monday of March next, fhall be a legal Warning of the Freemen of faid City to attend faid firft Mecting: And the annual Officers chofen at faid Meeting, fhall continue in Office until the Expiration of next June, unless others are sooner chofen and qualified in their Stead. 41. And the faid City fhall,at fuch Meeting, first choose a Clerk First meeting of laid City, who fhall be immediately fworn, and fhall forthwith make a Record of his being chosen and fworn, and the Record thus made by him in fuch Cafe, fhall be good and effectual; any Thing in this Act to the contrary notwithstanding. And fuch Record may be made by the 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 fhall then the may thereupon proceed to choose a Mayor, and the other Officers of or, &c. Power of juftices living within the limits, &c. faid City eligible by the Freemen thereof. And the Juftices of the Peace within and for the County of New-London, living and inhabiting within the limits of faid City, and present at fuch firft 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, by this Aft are to have and proceed in at the future Elections of faid City. 42. And the fenior Juftice of the Peace, within and for the Firft modera- County of New-London, living within the Limits of faid City prefent at laid firft Meeting, fhall be Moderator thereof, until there fhall be a Mayor or Alderman chofen and qualified according to this A&t. ter. 43. And faid City fhall at their first Meeting appoint a Time and Place for holding the firft Court of Common Council; which Court shall have Power to adjourn from Time to Time. And the firft City Court of faid City fhall be holden on the first Monday of April next, at the Town School Houfe in faid City. And the faid City Courts of faid City may be holden in faid School-Houfe from Time to Time, or in fuch other Place in said City as said City fhall provide and judge proper. 44. And the Mayor, Aldermen, and Common Council of faid City, fhall on the fecond Monday of March next, at three of the Clock in the Afternoon, hold a Meeting at the Town SchoolHoufe, in faid New-London; and shall then and there, choose thirty-fix Freemen of faid City, to ferve as Jurors, until after the first Monday of July next; and the Name of each Perfon thus chofen, fhall be fairly written on a feparate Piece of Paper, and fhall 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. 45. Always provided, That any Thing in this Act, nothwithftanding, the Inhabitants living within the Limits of faid City, fhall to all Intents and Purposes, be and remain a Part of the Town of New-London. 46. Provided neverthelefs, That if this Act, or any of the Provifions therein contained,fhall be found inconvenient, or in any respect |