Norwich City. inadequate, the fame on Representation of the City or otherwise, may be altered or revoked by the General Affembly. may, Provided nevertheless, That the Judges of faid City Court and they are hereby authorized 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 the Caufe decided by a Jury or by more than fix Jurors. Provifo. 105 48. And this At fhall, to all Intents and Purposes, be a pub- Public ad. lic A&t. An Act for incorporating a Part of the Town of Nor wich. [ENACTED IN MAY 1784.] porated. PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That all Freemen of this State, Inhabitants of faid Norwich, dwelling and inhabiting within the following Bounds, viz. Beginning at the Mouth of Trading Cove Brook, at the Bounds between the Description of Towns of New-London and Norwich, thence running up faid the perfons Brook to the Bridge on New-London Road, called Trading Cove that are incor Bridge, thence a ftrait Line to the Weft-Side of the Mills at the Ironworks belonging to Elijah Backus, Efq. thence an eastwardly Line to the North Side of the Dwelling-houfe of Captain Bounds of the John Hughes, thence a strait Line to Roatch's Landing (fo called) city. on the South Side of Shetucket River, thence by Shetucket River and the River Thames, at High-water-mark, to the Mouth of Pouquatannock Cove, thence northwefterdly acrofs faid River to the Line between the Towns of Norwich and New-London, thence 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 politic in Fact and in Name, by the Name of THE MAYOR, ALDERMEN, COMMON-COUNCIL AND FREEMEN OF THE CITY Name of the OF NORWICH, and that by that Name they and their Succeffors corporation. forever shall and may have perpetual Succeffion, and fhall be Persons in Law capable of fuing and being fued, pleading and beCapable of ing impleaded in all Suits of what Nature foever; and allo to pur- fuing, &c. chafe hold and convey any Eftate real or perfonal, and may have 3 a common Seal, and may change and alter the fame at Pleasure, and fhall be Freemen of faid City. 2. And whereas there are many Perfons living within faid Limits, who by Law are qualified to be Freemen of the State, that have not taken the Oath provided by Law to be taken by Freemen. within the city, procu Be it enacted, That all fuch Perfons, living within faid Limits, Pefons living who fhall, before the fecond Monday of July next, procure the major Part of the Select-men of the faid Town of Norwich, to ring a certificertify that they are qualified to be admitted and made free of this cate, &c. to be State, and fhall after procuring faid Certificate, take before fome freemen of the state and city. Q Affiftant of this State, or Juftice of Peace within and for the Annual meet- 3. Be it further Enacted, That there fhall be a Meeting of faidTM al officers. Continuance in office. To choose a mayor, &c. To choose four aldermen, &c. ballot. 4. And the faid City in legal Meeting affembled, shall choose a Mayor, who fhall hold his Office during the Pleasure of the General Affembly; and at their annual Meeting fhall choose 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 Inspectors of Produce excepted) fhall be chosen by Ballot; and on each Ballot which is given in, fhall be written the Name of the Person for whom the fame is given; and fuch BalMode of choo- lot fhall be rolled up, and in the Presence of the Mayor and Alfing to be by dermen of faid City, or fuch of them as are present at fuch Meeting, put, by the Perfon giving the fame, into a Box, which faid City fhall provide for that Purpofe; which Box fhall be a clofe whom opened. Box, with a Hole of a convenient Size in the Lid thereof, through which to put in the Ballot. And when the Freemen prefent at The mayor & any City Meeting, fhall have had a reasonable Time to give in their Ballot, either of the Sheriffs of faid City, or in the Absence of both the Sheriffs, the junior Alderman present, in the Prefence of the Mayor and Aldermen, or fuch of them as are present at fuch Meeting, fhall open the faid Box; and the Mayor and Aldermen Who to declare or fuch of them as are prefent, fhall open, fort and count the Ballots; and the Perfon who fhall have a Majority of the Ballots given in, fhall by the Sheriffs, or in their Abfence, by the junior Aldermen prefent, be declared to be elected: And no Ballots shall be received after the Box fhall have been opened. The box by alderman to fort and count the votes. the Choice. The city to Collectors ac 5. And faid City in legal Meeting affembled, fhall have Power have power to to levy Taxes on the Polls and rateable Estate within the Limits of levy taxes. To choose a faid City, for fuch Purposes as the faid City fhall think proper; collector. and to choose a Collector or Collectors, to collect fuch Tax; who Warrant by fhall, having received a Warrant for that Purpose, figned by the whom figned. Mayor, or by one of the Aldermen of faid City, have the fame Power as Collectors of Town Taxes by Law have; and fhall be accountto whom. able to the Mayor and Aldermen of faid City, in the fame Manner as Collectors of Town Taxes are by Law accountable to the SeComplaint be- lect-men. And in Cafe any Collector fhall not perform the Trust ing made, &c. 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 of faid City to the Mayor thereof, he fhall illue his Warrant under his Hand, directed to either of countable and mayor to iffue his warrant, &c. Norwich City. the Sheriffs of faid City, to diftrain the Sums or Rates neglected by fuch Collector to be collected, or paid, out of the Eftate of the Collector. fheriffs. 107 6. And be it further enacted, That the Sheriffs of faid City fhall feverally within the Limits of faid City, have the fame Power of the Powers and Authorities, and be liable to the fame Suits or Liable for Penalties for neglect of Duty in any Cafe whatever, to all neglect of Intents and Purposes, as Sheriffs by Law now have and are; and duty. the faid City fhall be liable to anfwer in cafe of the Inability of faid City to answer Sheriffs, or either of them, for the Default of faid Sheriffs, in all in cafe of inaCafes relative to their Office; and faid Sheriffs fhall feverally bility, &c. give Bond with Sureties, in fuch Manner as by the By-Laws of Sheriffs to give faid City fhall be directed, for a faithful Discharge of the Duties bond, &c. of that Office, before they fhall be capable of executing the fame. And in cafe either of the Perfons chofen Sheriff fhall not give On failure, a Bond with Sureties, according to the By-Laws of faid City, the new one to be faid City may proceed to choose another Sheriff in his Room, and chofen. the faid City in legal Meeting affembled, fhall choose a Treasurer for faid City, to continue in Office during the Pleasure of faid To choose a City, who fhall have the fame Powers within faid City as Town- treasurer. Treasurers now by Law have, and fhall be accountable to faid City. to be held ved, &c. as 7. And be it further enacted, That there fhall be holden monthly, on the fecond Tuelday of every Month, in faid City, a City A city court Court; which Court fhall have Power to adjourn from Time to monthly. Time, and fhall have cognizance of all Civil Caufes where the Power to adTitle of Land is not concerned, by Law cognizable by the Coun- journ.. ty Courts in this State, provided the Caufe of Action arife within Jurifdiction. the Limits of faid City, and one or both of the Parties live within To have the faid City; and faid City Court fhall, as to the caufes by them fame powers, Cognizable, to all Intents and Purposes, have the fame Powers &c. as county and Authorities, and proceed in the fame Manner and grant Ex- courts, & executions, as faid County Courts now or hereafter by Law fhall eeutions ferhave, proceed and grant; and the Executions granted by faid thofe from the City Court fhall be ferved and returned in the fame Manner as the county court. Executions granted by the faid County Courts, and an Appeal fhall be allowed to either Party, from the Judgment or Determination Appeals to be of faid City Court, to the next Superior Court to be holden in the County of New-London in all Cafes 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 ing party if, The prevailAppeal notwithstanding, take out Execution on fuch Judgment &c. may take for the Debt or Damages and Coft recovered in fuch City Court, out execution, against the Defendant or Defendants, and levy the faid Execu- &c. tion, 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 Court, in a Recognizance (which Recognizance the Mayor of faid City and the 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 Ap allowed. Provided bond be given. 108 No appeal to be allowed on a fuit on fuch bond. If the plaintiff lives without the city, no Norwich City. peal, refund fo much of the Judgment of the faid City Court, to gether with the Intereft thereof, as fhall on fuch Execution be collected, and fhall not be by him recovered before the Court to which the Appeal is taken, together with the Execution Fees that fhall accrue, and be paid by the Defendant on said Execu tion; and no Appeal shall be allowed on any Suit commenced on fuch Recognizance. 8. 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 appeal allow. City, no Appeal fhall be allowed the Defendant, unless the Mated the defend- ter in Demand exceed the Sum of One Hundred and Sixty-feven Dollars 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 Cafes cognizable by faid City Court, And no Writ of Error brought upon any Judgment of faid City Court; or of faid Mayor. or either of faid Aldermen, fhall be a Superfedeas, or have any Force to stay the Levy of the Execution, ant within, unless, &c. aldermen first chofen to be the judges. 9. And faid City Court shall have full Power to appoint and fwear a Clerk for faid Court, to continue in office during the Pleafure of faid Court; which Clerk fhall, as to the Matters relative to his Office as Clerk of faid Court, have 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 the faid Clerk, fhall be the fame, mutatis mutandis, provided by Law to be taken by the Clerks of the County Courtsin this State. 10. And the Mayor of faid City, or in his Absence the fenior affiftant Judge of faid City Court, may at the fpecial Inftance, and Coft of any perfon moving therefor, hold a fpecial City Court, at fuch Time and Place within faid 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 ftated 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. 11. 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 first Meeting, fhall compofe the Mayor & two faid City Court, and be the Judges thereof; and the Mayor fhall be the chief Judge of faid Court, and the faid two Aldermen shall 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 neitheir of the Aldermen that are not Judges of faid Court can attend, one of the Juf tices of the Peace within and for the County of New-London, refident within faid City, fhall have Power to hold a City Court. Who to be judges in cafe of abfence, &c. 12. And if at any City Court there shall be but one Judge prefent, he fhall take to his Affiftance the two other Aldermen of said City, and in cafe one or both of them cannot attend, he shall take If but one one or two of the Juftices of the Peace, as the cafe may require, judge prefent then to take of the County of New-London, refident within the faid City, and they three fhall have the fame Power to hold a City Court, as the Judges of faid City Court have. &C. 13. And be it further enacted, That the Mayor and Aldermen of faid City, fhall feverally, within the limits of faid City, have cog- Mayor and nizance of all civil Causes by Law cognizable by a Juftice of the aldermen to Peace, provided the Cause of Action arife within the Limits of have cognifaid City, and one or both the Parties live within the fame: And Zance of civil the faid Mayor and Aldermen fhall, as to the causes by them fevecity. rally cognizable, have the fame Powers and Authorities, and proceed in the fame Manner as Justices of the Peace, now, or here- Same power after, by Law have and proceed. causes in the as juftices. 14. And an Appeal fhall be allowed from the Judgment or Determination of faid Mayor and Aldermen, in any cause by them Appeal allow. cognizable feverally, to the next City Court to be holden within ed to the next faid City, in all Causes in which an Appeal is now or hereafter city court. fhall be allowed from the Judgment of a Juftice of the Peace; the prevailing Party however, if Plaintiff, may, fuch Appeal notwith ftanding, take out an Execution on fuch Judgment, provided he give Bond before the Mayor of said City, or one of the Judges of faid Court, in the fame Manner as is provided in cafes of Appeal from said City Court. or 15. And in every Action brought before the Mayor or either of the Aldermen of faid City, in which the Plaintiff lives without the limits of said City, or in which the Plaintiff is a Mariner Where the Seaman fuing for Wages due for Services in his Occupation, without, or is plaintiff lives and the Defendant lives within the Limits of faid City, no Appeal a mariner, &c. fhall be allowed the Defendant. no appeal. &C. 16. 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: Taxable fees, And the Processes in all Actions brought to said City Courts, shall be the fame as the Proceffes to the County Courts in this State; and the Processes in all Actions brought before the Mayor or one Proceffes the of the Aldermen of faid City, fhall be the fame as the Proceffes in fame as to the Actions brought before a Justice of the Peace, and be figned by the county court, Governor, Lieutenant-Governor, one of the Affiftants of this State, or by a Juftice of the Peace, within and for the County of By whom New-London or by the Mayor or one of the Aldermen of faid City, figned, or the Clerk of faid City Court, and fhall be ferved by a Sheriff, and ferved. Deputy-Sheriff, or Constable, to whom directed, according to the Laws of this State, and the Provisions of this A&t. 17. And all Bonds for Profecution taken by any of faid Officers hereby empowered to fign Writs, fhall be good and effectual in Law And Bonds for Profecution, fpecial Bail, and Bonds for Appeal, fhall be taken to the adverfe Party: Provided neverthe- Bonds for leis, that no Writs, (Executionss excepted) or Procefs, figned by profecution, the Mayor, or either of the Aldermen, fhall be of any Effect &c. without the Limits of faid City, except, &c, |