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no Norwich City.
18. And be it further ertaBed, That the said Maym-, Aldermen and Common Council, shall on the first Monday of August annual
and when c\\o- meet>anc* ^"a11 then choose a Number not exceeding One Hunsen. dred and Forty-four Freemen of said City, to serve as Jurors at
Names ef the said City Court, and shall return the Names of said Jurors under jurors to be the Hand of the Mayor of (aid City, if present, or in cafe of his returned to, Absence, under the Hand os the senior Alderman present at such Meeting, to the Clerk of said City Court, who shall write each Clerk to write Juror's Name thus.ehosen, fairly on a separate piece of Paper, and the jurors roll up and put the fame into a Box, which he shall provide and nameson, &c. keep for that purpose: And whenever eitheir of the Sheriffs of said City shall receive a Warrant from the Clerk of said City Court to summon a Jury to appear before said Court, the Sheriff receiving such Warrant taking with him one of the Aldermen oS said City, shall repair to the said Clerk's Office, and there in the . Presence of said Alderman and Clerk, shall take out of said Box as
drawn manv of-said Papers as his Warrant directs, and the Persons whose
Names shall be found written therein, shall be summoned to- appear Jurors neglect. before the Court to which the Warrant is returnaable,' to serve ing to attend, as Jurors, and in Cafe of neglecting to attend, shall be liable to such Penalties as shall by the By-Laws of said City be inflicted for such Neglect, and in Case a complete Pannel shall not attend, 1 le"e»inneim" or in Gase ^Y*311 be challenged or excused, the Sheriff attendothe^s^d'rawn, ,n8' feid Court shall supply such Deficiency by drawing in the tec. Presence of the Court, others out of said Box, and summoning them
to attend and serve until the Pannel shall be complete ; and the tendon""Ic3'" Namesof ^UG^ Jurors as do not attend or are excused, shall be re'turned into the Box and be liable to be drawn again. And the Jurors oath to Oath to be taken by said Jurors shall be the same as is by Law be, &c. provided to be taken by Jurors in Civil Actions; and the Name
each ^r"6 °f °^eaG^ Juror that attends any City Court and serves, shall be atendine'"*"'" 8a'n written on a separate Piece of Paper, and shall be rolled up Viable to- be and put into another Box, which the Clerk of said Court shall drawn again, provide for that Purpose, and shall be liable to be drawn again in Case there shall not, by reason of Death, Removal or other Cause, be a Sufficiency in the other Box to complete the Pamiels for that Year in which they are chosen to serve. And the said City may To choose a choose a Clerk of said City, who shall make true and regular Enclerk, tries of all the Votes and Proceedings of said City, and the Records by him kept shall be of the fame Validity in point of Evidence in any Court of Law in this State, as the Records of Towns are.
19. And be it further ertaBed, That the said Mayor, Aldermen The mayor, an(^ Common Council be, and they are hereby empowered to lay tec. to lay out out new Highways, Streets and public Walks for the Use of said high-ways, &c City, or to alter those already laid out in said City, and to exakead' Vid^ cnange Highways for Highways, or to fell Highways for the Purout &c.' P°se °f purchasing other Highways, taking the fame Measures in
all Respects as are directed by the Laws of this State to be taken 0 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 fuck Norwich City. m
Streets or Highways, may have the fame Remedy by Application to the County Courts as is by Law provided in cafes of Highways laid out by Select-Men.
20. And be it farther tnailed, That in cafe any Sheriff, DeputySheriff or Constable shall not serve a Writ, directed to and recci- City cJnrt. ved by him, that is returnable to said City Court, or shall neglect TM|? ^e e" to make Return of said Writ, or shall make a false or undue return' thereof, and a Suit shall for such Default be brought against him to
the said City Court by the Person, his Executor or Administrator in whose Favour said Writ issued, and the Defendant be found Fines to be in Default, the said Court over and above awarding just Damages to P.aid '<> the the Plaintiff, may on said Suit seta suitable Fine upon the Defen- city treasurei'. dant according to the Nature of the Case, and may issue Execution for such Fine, which Fine shall be to the Treasurer of said City, to and for the use of said City.
21. And in all Cases wherein the Defendant, who is sued to the . . , City Court, living within the Limitsof said City, the Writ shall antlivesUtha be served upon him at least six Days before the Day of the sitting city, the writ of the Court to which the Writ is returnable; but if the Defen- to be servediix dant lives without the Limits of said City, the Writ shall be ser- dayS bef°'e ved at least twelve Days before the sitting of said Court; and all "uhoutU'' Writs returnable to said City Court shall be returned to the Clerk days.
of said Court on or before the Day* of the sitting of said Court, and before the first opening of said Court.
22. And the Writs returnable before the Mayor or either of
the Aldermen of said City shall, if the Plaintiff and Defendant w"ts returni
feoth live within the limits of said City, or if the Plaintiff lives „,yor7&c.
without and the Defendant lives within the Limits, of said 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
Limitsof said City, be served upon the Defendant at least three
Days before the sitting of the Court to which it is returnable;
but if the Defendant lives without the Limits of said City, the
Writ shall be served upon the Defendant at least six Days before
the sitting of the Court to which it is returnable.
23. And be it further entitled, That the Mayor, Aldermen, Sher- Ma ^ ^c to jffs, Common Council and Clerk of said Citv, shall be sworn to the be [wo\n faithful Discharge of their Duty, and the Form of the Oath to be
taken by the Mayor of said City, shall be as follows, viz.
YOU being eleEled Mayor of the City of Norwich do swear by the font\hm Name of the everliving God, that you will, without any Partiality, 0Jttil indifferently administer Justice according to Law, witheut refpeEl of Persons, take no Bribe, give no Counsel in any Matter that shall come before you. nor deny Right to any, but well and truly perform yaur Office of Mayor of said City, according to your best skill.
So help you God.
24. And the Form of the Oath to be taken by the Aldermen of Aldermen ta said City, shall be the same mutatis mutandis as is prescribed by be swoTM. Law to be taken by Justices of the Peace.
25. Andthe Form of the Oath to be taken by the Common Council-men of laid City, shall be as follows, vi*.
YOU being elected a Common Council-man for the City of Norwich Form of in /or the Year ensuing do swear by the Name os the everliving God, Wb. that you mill faithfully and uprightly Discharge the Duties of that
Office so long as you shall hold the same. So help you God.
26. And the Form of the Oath to be taken by the Sheriffs of said ^sheriffs to take City, shall be the same prescribed by Law to be taken by other an oath. Sheriffs, mutatis mutandis.
27. And the Form of the Oath to be taken by the Clerk of said City, shall be as follows, viz.
YOU being chosen Clerk os the City of Norwich do swear by the Name of the everliving God, that you will truly and faithfully attend Clerks oath an^ exKute P^act Office of Clerk ofsaid City, according to your best Skill, and make true Entries and Records of all the Votes and Pro~ ceedings of said City, and such other Matters as by Law or by the ■m By-Laws of said 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.
28. Which Oaths may be administered by any Assistant of this State, or Justice of the Peace within and for the County of
mi Lsteied *d* New-London or bv the Mayoror either of the Aldermen of said City, misi ere . provided the Mayor or Alderman administering such Oath hath been sworn according to this Act.
29. And the Person administering the Oath prescribed by this Certificates to Act, shall give a Certificate thereof under his Hand to the Officer be given and to whom he administered such Oath, which Certificate sliall be rerecorded, corded in the Records of said City, before the Person to whom it
is given shall be capable of executing the Office to which he
is chosen. *
30. And be it further enacted, That there shall be a Court of Power to make Common Council of said City, of which the Mayor, Aldermen and by-laws. Common Council of said City shallbe the Members, who, or a ma
jorityof them shall hav"e Power to make By-Laws relative to Markets,and Commerce within the Limits of said City ; relative to Persons summoned to serve as Jurors at said City Courts and neglecting toattendor refusing to serve ; relative to the Streets and Highways of laid City ; relative to Nusances within said City Limits ; relative to the Wharves, Channels, anchoring and mooring of Vessels; relative to Trees planted for Shade, Ornament, Convenience or Use public or private,and to the Fruitsof such Trees ; relative to Trespasses committed in Gardens; relative to Walks,and Buildings public or private; relative to the sweeping of Chimneys and preserving the City from Fire ; relative to Forms of Oaths to be taken by the Treasurer of said City, and Inspectors of Produce brought to said City for Sale or Exportation ; relative to the manner of warning Meetings of said City and the Court of Commori-Council, and the Times and Places when and where they shall beholden; relative to the Qualifications in point of Property of the Mayor and Aldermen ; relative to the Bonds to be given by the Sheriffs of said City for a faithful Discharge of their Duty; relative to the Penalties to be incurred by those who being cholen to any City Office, shall (not being excused by the City) refuse to serve; relative to a Norwich City. 113
City Watch ; relative to the burial of the Dead; relative to the public Lights and Lamp's of'said' City; relative to restraining Geese and Swine from going at large within the Limits of said City; and to inflict. Penalties for the Breach of such By-Laws: Provided however, that such Penalties shall in no cafe exceed To infl'ct peThirty-four Dollars ; and said Penalties shall be to such Persons as X""trt. the By-Laws of said City shall direct, and be recoverable by the ceeding 34iiolI Persons to whom forfeited, by Action of Debt brought to the City Penalties to Courts of said City, in which Action no Appeal or Review shall be Sec. be allowed: Provided however, that no By-Laws of said City Recovered shall be made repugnant to the Laws of this State, And &c provided also, That all the By-Laws made by said Court of No appeal. Common Council, shall be approved of by said City in legal Mee- Proviso, ting assembled, and after being so approved, shall be published at least three Weeks successively in some public News-paper, in or By-laws to hearest said City, before the same shall be of any Validity. And be punched, all the By-Laws of said City, shall at any Time within six Months after they are made, be liable to be repealed by'any Liable to be Superior Court holden in said County of New-London, if by such reP**ltt<1' Superior Court, on a Hearing, adjudged to be unreasonable or unjust. ". ".,
31. And all Grants and Leases of any real Estate belonging to
said City, signed by the Mayor of said City, and sealed with the Crants & leaCity Seal, and approved by said City in legal Meeting assembled, J" slSned. blT n '. Sr rr o i'- - r . - °- , n5 J ?the mayor)&ci
mall be good and effectual in Law, to convey the Estate intended
to be conveyed by such Grant or Lease; provided the same is recorded in the Records of the Town where the Lands leafed or granted lie.
32. And said City shall have Power to appoint Inspectors of inspectors of every Kind of Produce of the United States, brought to laid City produce.
for Sale or Exportation. . _ Vote «f the'
33. And the Votes or choice of the major Part of the Freemen maj'or part of present at any legal Meeting of said City, shall be considjrcd in the freemen all Cases, as the vote or choice of said City. . valid.
34. And whenever the Mayor of said City, or any other Ofii- Jn «e ^ eer of said City, eligible by the Freemen thereof shall resign, or death *c. of be removed by Death or otherwise, another Person shall be cho- any officer, sen in his Place by said City ; and (if an annual Officer) shall con* &c»
tinue in Office till the Expiration of the Month of July next following, unless another shall be sooner chosen and sworn in hi* Stead.
35. And the Mayor of said city, or in his Absence, the senior tobemoderal Alderman present at any Meeting of said City, or at any Court of ;or 07 the'eity Common-Council, shall, tx-OjJicio, be Moderator thereof. And the meeting, Meeting of said City may, from Time to Time, by a major Vote which may be of the Freemen present, be adjourned. ' adjourned.
36. And be it further entitled, That the first Meeting of said
City shall be holden at the Town-House in said Norwich on the f. ^ nic-tine second Tuesday of July next, at nine of the clock in the Fore- v *"
noon, for the choice os Mayor, Aldermen, Common Council and Sheriffs of laid City, and to transact such ether Business as
114 Norwich City.
may be necessary; which Meeting may be from Time to Time adjourned. AndaCopyof this Paragraph of this Act, certified under the Hand of the Secretary of this State, and published on the Sign Post in said Town of Norwich at least three Days before laid second Tuesday of July next, shall be a legal Warning os the Freemen of laid City to attend said first; Meeting: And the annual Officers chosen at said Meeting, shall continue in Office until the Expiration of July, A.D. 1785. unless others arc sooner ehofen and qualified in their Stead; and the said City shall-, at such Meeting,first choose a Clerk of said City,who shall be immediately sworn, and shall forthwith make a Recordoshis being chosen and sworn,and the Record thus made by him in such Case,shall be good and effectual ; any thing in this Act to the contrary notwithstanding. And such Record may be made by Clerks hereafter chosen, of their being chosen and sworn, and shall be good and effectual; any Thing in this Act to the contrary notwithstanding. And said; City lhall thereupon proceed to choose a Mayor, and the other Officers of said City eligible by the Freemen thereof. And the Justices of the Peace wkhin and for the County of New-London, living and inhabiting within the limits of said City» and present at such first Meeting, shall have, as to the Election of the Mayor; Aldermen, Sheriff.-, Common Council-men and Clerk of laidCity, the fame Powers, and proceed in the fame Manner as the Mayor, Aldermen and Sheriffs of said City, by this Act are to have and proceed in at the future Elections of said City. And the senior Justice of the Peace, within and for the County of New-London, living within the Limits of said City, present at said first Meeting, shall be Moderator thereof, until there bo a Mayor or Alderman chosen and qualified according to this Act ; and said City shall at their first Meeting appoint a Time and Place for holding the first Court of Common Council; which Court shall have Power to adjourn from Time to Time. And the first Citv Court of said City shall be holden on the second Tuesday of August next,at the Town-House in said City. And the City Courts of said City may be holden in said Town-House from Time to Time, or in such other Place in said City as said City shall provide and judge proper.
37. Always provided, That any Thing in this Act, notwithstanding, the Inhabitants living within the Limits of (aid City, shall to all Intents and Purposes be and remain a Pait of the Town of Norwich.
38. Provided nevertheless, That if this Act, or any of the Provisions therein contained, shall be found inconvenient, or in any respect inadequate, the same on Representation of the City or otherwise, may be altered or revoked by the General Assembly.
39. Provided nevertheless, That the Judges of said City Court may, and they are hereby authorized to hear, try and finally determine all Causes brought before the City Court by a Jury of six Freemen, or without a Jury, where neither of the Parties desire to have a Cause decided by a J my, or by more than six Jurors,.
40. And this Act shall to all Intents and Purposes bs a public Act*