110

Jurymen how and when chofen.

returned to, &c.

Jurors how

drawn.

Norwich City.

18. And be it further enacted, That the faid Mayor, Aldermen and Common Council, fhall on the firft Monday of Auguft annually meet, and shall then choose a Number not exceeding One Hundred and Forty-four Freemen of faid City, to ferve as Jurors at Names of the faid City Court, and shall return the Names of faid Jurors under jurers to be the Hand of the Mayor of faid City, if present, 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 Clerk to write Juror's Name thus chofen, fairly on a separate piece of Paper, and the jurors roll up and put the fame into a Box, which he fhall provide and names on, &c. keep for that purpose: And whenever eitheir of the Sheriffs of faid City fhall 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 said Clerk's Office, and there in the Prefence of faid Alderman and Clerk, fhall take out of said Box as many of faid Papers as his Warrant directs, and the Perfons whose Names fhall be found written therein, fhall be fummoned to appear Jurors neglect. before the Court to which the Warrant is returnaable, to ferve ing to attend, 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 shall not attend, or in Cafe any 1 fhall be challenged or excufed, the Sheriff attendothers drawn, ing 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 complete; and the Names of fuch Jurors as do not attend or are excufed, shall be returned into the Box and be liable to be drawn again. And the Jurors oath to 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 The name of of each Juror that attends any City Court and ferves, fhall be aeach juror attending, &c. gain written on a separate Piece of Paper, and fhall be rolled up Liable to be and put into another Box, which the Clerk of faid Court fhall drawn again. provide for that Purpose, and fhall be liable to be drawn again in Cafe there fhall not, by reafon of Death, Removal or other Cause, be a Sufficiency in the other Box to complete the Pannels for that Year in which they are chofen to ferve. And the faid City may choose 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 fame Validity in point of Evidence in any Court of Law in this State, as the Records of Towns are.

If not a complete pannel

&c.

Jurors not at tending, &c.

be, &c.

To choose a clerk.

The mayor,

19. And be it further enacted, That the faid Mayor, Aldermen and Common Council be, and they are hereby empowered to lay &c. to lay out out new Highways, Streets and public Walks for the Use of said high-ways, &c City, or to alter thofe already laid out in faid City, and to exchange Highways for Highways, or to fell Highways for the Purpofe of purchafing other Highways, taking 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 Ufe of their Towns, and the Party aggrieved by the laying out of fuck

or alter thofe already laid out, &c.

Norwich City.

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.

III

20. And be it further enacted, That in cafe any Sheriff, DeputySheriff or Constable shall not serve a Writ, directed to and recci- City court may fine fheved by him, that is returnable to faid City Court, or shall neglect riffs, &c. to make Return of faid Writ, or fhall make a false or undue return thereof, and a Suit fhall for fuch Default be brought against him to the faid City Court by the Perfon, his Executor or Adminiftrator in whofe Favour faid Writ iffued, and the Defendant be found Fines to be in Default, the faid Court over and above awarding juft Damages to paid to the the Plaintiff, may on faid Suit fet a fuitable Fine upon the Defen- city treasurer. dant according to the Nature of the Cafe, and may iffue Execution for fuch Fine, which Fine fhall be to the Treasurer of said City, to and for the ufe of faid City.

If the defend. ant lives in the

21. And in all Cafes wherein the Defendant, who is fued to the City Court, living within the Limits of faid City, the Writ shall be ferved upon him at leaft fix Days before the Day of the fitting city, the writ of the Court to which the Writ is returnable; but if the Defen- to be ferved fix dant lives without the Limits of faid City, the Writ fhall be fer- days before ved at least twelve Days before the fitting of faid Court; and all Court, & if Writs returnable to faid City Court fhall be returned to the Clerk days. of faid Court on or before the Day of the fitting of faid Court, and before the first opening of faid Court.

without 12

mayor, &c.

22. And the Writs returnable before the Mayor or either of the Aldermen of faid City fhall, if the Plaintiff and Defendant Writs returna. both live within the limits of faid City, or if the Plaintiff lives ble before the without and the Defendant lives within the Limits, of faid City or if the Plaintiff be 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, be ferved upon the Defendant at least three Days before the fitting of the Court to which it is returnable; but if the Defendant lives without the Limits of faid City, the Writ shall be served upon the Defendant at least fix Days before the fitting of the Court to which it is returnable.

23. And be it further enacted, That the Mayor, Aldermen, Sheriffs, Common Council and Clerk of faid City, fhall be fworn to the faithful Discharge of their Duty, and the Form of the Oath to be taken by the Mayor of faid City, fhall be as follows, viz.

Mayor, &c. to be fworn.

Form of the

YOU being elected Mayor of the City of Norwich do fwear by the Name of the everliving God, that you will, without any Partiality, oath. indifferently adminifter Juftice according to Law, without refpect of Perfons, take no Bribe, give no Counfel 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.

24. 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 be sworn. Law to be taken by Juftices of the Peace.

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

112

Form of an eath.

Norwich City.

YOU being elected a Common Council-man for the City of Norwich for the Year enfuing do fwear by the Name of the everliving God, that you will faithfully and uprightly Difcharge the Duties of that Office fo long as you fhall hold the fame. So help you Gon. 26. And the Form of the Oath to be taken by the Sheriffs of faid Sheriffs to take City, fhall be the fame prescribed by Law to be taken by other Sheriffs, mutatis mutandis.

an oath.

Clerks oath.

27. 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 Norwich do fwear by the Name of the everliving God, that you will truly and faithfully attend and execute the place and Office of Clerk of faid City, according to your beft Skill, and make true Entries and Records of all the Votes and Proceedings of faid City, and fuch other Matters as by Law or by 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 GOD. be required of you, taking only your lawful Fees. So help you

28. Which Oaths may be administered by any Affiftant of this State, or Juftice of the Peace within and for the County of By whom ad- New-London or by the Mayor or either of the Aldermen of faid City, provided the Mayor or Alderman administering such Oath hath been fworn according to this A&t.

ministered.

29. And the Perfon adminiftering the Oath prescribed by this Certificates to A&t, shall give a Certificate thereof under his Hand to the Officer be given and to whom he administered such Oath, which Certificate shall be rerecorded. corded in the Records of faid City, before the Person to whom it is given fhall be capable of executing the Office to which he is chofen.

Power to make by-laws.

Court of

30. And be it further enacted, That there fhall be Common Council of faid City, of which the Mayor, Aldermen and Common Council of faid City shall be the Members, who, or a majorityof 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 said City Courts and neglecting to attend or refusing to ferve; relative to the Streets and Highways of faid City; relative to Nufances within faid City Limits; relative to the Wharves, Channels, 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 Trespaffes committed in Gardens; relative to Walks,and Buildings public or private; relative to the fweeping of Chimneys and preferving the 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; relative to the manner of warning Meetings of faid City and the Court of Common-Council, and relative the Times and Places when and where they shall be holden; 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 Discharge of their Duty; relative to the Penalties to be incurred by those who being chofen to any City Office, shall (not being excufed by the 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 By-Laws: Provided however, that fuch Penalties fhall in no cafe exceed To inflict peThirty-four Dollars; and faid Penalties fhall be to fuch Perfons as alties, not excuniary penthe By-Laws of faid City fhall direct, and be recoverable by the ceeding 34dol. Perfons to whom forfeited, by Action of Debt brought to the City Penalties to Courts of faid City, in which Action no Appeal or Review fhall be &c. be allowed: Provided however, that no By-Laws of faid City Recovered fhall be made repugnant to the Laws of this State. And by, &c. provided alfo, That all the By-Laws made by faid Court of No appeal. Common Council, fhall be approved of by faid City in legal Mee- Provifo. ting affembled, and after being fo approved, fhall be published at leaft three Weeks fucceffively in fome public News-paper, in or By-laws to hearest faid City, before the fame shall be of any Validity. And be published. all the By-Laws of faid City, fhall at any Time within fix Months after they are made, be liable to be repealed by Liable to be Superior Court holden in faid County of New-London. if by fuch repealed. Superior Court, on a Hearing, adjudged to be unrealonable or unjuft.

any

31. And all Grants and Leafes of any real Eftate belonging to

faid City, figned by the Mayor of faid City, and fealed with the Grants & leaCity Seal, and approved by faid City in legal Meeting affembled, fes figned by fhall be good and effectual in Law, to convey the Eftate intended the mayor,&e 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.

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

Vote of the

33. And the votes or choice of the major Part of the Freemen major part of prefent at any legal Meeting of faid City, fhall be confidered in the freemen all Cafes, as the vote or choice of faid City.

valid.

34. And whenever the Mayor of faid City, or any other Offi- In cafe of eer of faid City, eligible by the Freemen thereof fhall refign, or death, &c. of be removed by Death or otherwife, another Perfon fhall be cho- any officer, fen in his Place by faid City; and (if an annual Officer) fhall cone &c. tinue in Office till the Expiration of the Month of July next following, unless another fhall be fooner chofen and worn in his Stead.

to be modera

35. And the Mayor of faid city, or in his Abfence, the fenior Mayor, or &c. Aldermán prefent at any Meeting of faid City, or at any Court of tor of the city Common-Council, fhall, ex-Officio, be Moderator thereof. And the meeting, Meeting of faid City may, from Time to Time, by a major Vote which may be of the Freemen prefent, be adjourned.

36. And be it further enacted, That the firft Meeting of faid City fhall be holden at the Town-Houfe in faid Norwich on the fecond Tuesday of July next, at nine of the clock in the Forenoon, for the choice of Mayor, Aldermen, Common Council and Sheriffs of faid City, and to tranfact fuch other Bulinels as

R

adjourned.

First meeting.

114

Annual officers to contin

&c.

to choose a clerk.

Norwich City.

may be neceffary; which Meeting may be from Time to Time adjourned. And a Copy of this Paragraph of this Act, certified under the Hand of the Secretary of this State, and published on the Sign Poft in faid Town of Norwich at least three Days before faid fecond Tuesday of July next, fhall be a legal Warning of the Freemen of faid City to attend faid firft Meeting: And the annual Officers chofen at faid Meeting, fhall continue in Office until tie, &c. until the Expiration of July, A. D. 1785. unless others are fooner chofen and qualified in their Stead; and the faid City fhall, at fuch Meeting, first choose a Clerk of faid City, who fhall be immediately First meeting 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 A&t to the contrary notwithstandirg. 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 Act to the contrary notwithstanding. And faid City thall thereupon proceed to choose a Mayor, and the other Officers of faid City eligible by the Freemen thereof. And the Juftices of the Peace within and for the County of New-London, then the may living and inhabiting within the limits of faid City, and prefent at fuch firit Meeting, fhall have, as to the Election of the Mayor, Aldermen, Sheriffs, Common Council-men 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 Act are to have and Firft modera- proceed in at the future Elections of faid City. And the fenior Juftice of the Peace, within and for the County of New-London, living within the Limits of faid City, prefent at faid firft Meeting, fhall be Moderator thereof, until there be a Mayor or Alderman chofen and qualified according to this A&t; and faid City fhall at their first Meeting appoint a Time and Place for holding the first Court of Common Council; which Court fhall have Power to adjourn from Time to Time. And the firft City Court of faid City fhall be holden on the fecond Tuefday of Auguft next,at the Town-Houfe in faid City. And the City Courts of faid City may be holden in faid Town-House from Time to Time, or in fuch other Place in faid City as faid City fhall provide and judge proper.

or, &c.

tor.

Fift city'

court when " holden.

Provifo.

Provifc.

Provifo.

Public Act.

37. Always provided, That any Thing in this A&t, notwithftanding, the Inhabitants living within the Limits of faid City, fhall to all Intents and Purposes be and remain a Part of the Town of Norwich.

38. Provided nevertheless, That if this Act, or any of the Provifions therein contained, fhall be found inconvenient, or in any refpect inadequate, the fame on Reprefentation of the City or otherwife, may be altered or revoked by the General Affembly.

39. Provided nevertheless, That the Judges of faid City Court may, 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 a Caufe decided by a Jury, or by more than fix Jurors. 40. And this Act shall to all Intents and Purposes be a public A&t.