Power of the

Liable for neg

in cafe of ina

6. And be it further enacted, That the Sheriffs of faid City fhall feverally, within the Limits of faid City, have the fame Powers fheriffs. and Authorities, and be liable to the fame Suits and Penalties for neglect of Duty, in any Cafe whatever, to all Intents and Purpo- lect of duty. fes as Sheriffs by Law now have and are; and the faid City shall be liable to answer in Cafe of the Inability of faid Sheriffs, or ei- City to anfwer ther of them, for the Default of faid Sheriffs, in all Cafes relative bility, &c. to their Office; and faid Sheriffs fhall feverally give Bond with Sureties, in fuch Manner as by the By-Laws of faid City fhall be Sheriffs to give directed, for a faithful Difcharge of the Duties of that Office, be- bond, &c. fore they fhall be capable of executing the fame: and in Cafe either of the Perfons chofen Sheriff fhall not give Bond with Sureties, according to the By-Laws of faid City, the faid City may proceed to choose another Sheriff in his Room, and the faid City, in legal Meeting affembled, fhall choofe a Treasurer for faid City, to continue in Office during the Pleasure of faid City, which Ticafu- To choose a rer fhall have the fame Powers aud Authorities within faid City, treasurer. as Town Treafurers now by Law have and shall be accountable to faid City.

On failure a

new one to be chofen.

A city court to be held month

&c. as county

ودي

7. And be it further enacted, That there fhall be helden, on the ly. fecond Tuesday of every Month, in faid City, a City Court, which Court fhall have Power to adjourn from Time to Time, and fhall Power to adjourn. have cognizance of all civil Caufes, wherein the title of Land is not concerned, by Law cognizable by the County Courts in this Jurifdiction. State, provided the Caufe of Action arife within the Limits of faid To have the City, and one or both of the Parties live within the Limits of faid fame powers, City; and faid City Courts fhall, as to the Caufes by them cogni- courts & exczable, to all Intents and Purposes, have the fame Powers and Au- cutions ferved thorities, and proceed in the fame Manner, and grant Executions as &c. as thofe faid County Courts now, or hereafter, by Law fhall have proceed from the C. and grant; and the Executions granted by faid City Courts thall court. be ferved and returned in the fame Manner as the Executions Appeals to be granted by the faid County Court; and an Appeal fhall be allowed allowed. to either Party from the Judgment or Determination of faid City Courts to the next Superior Court to be holden in the County of Hartford, in all Caufes in which an Appeal is now, or hereafter by Law fhall be, allowed from the faid County Courts, the prevailing The prevailParty however, if Plaintiff, may, fuch Appeal notwithstanding, ing party if take out Execution on fuch Judgment for the Debt or Damages &c. may také and Cofts recovered in fuch City Court against the Defendant out execution, Defendants, and levy the faid Execution, and collect the Money thereon, provided he does, previous to his taking out faid Execu- Provided bond tion, become bound with two fufficient Sureties before the May, be given. or of faid City, or one of the Judges of faid City Court, in a Recognizance (which Recognizance the Mayor of faid City and the Judges of faid City Court are refpectively impowered to take) in No appeal to double the Sum of faid Judgments, that he will, within one Week a fuit on fuck after final Judgment on the Appeal, refund fo much of the Judg- boad. ment of faid City Court, together with the Intereft thereof, as fall, 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 shall accrue and be paid by the Defendant or

or

&c.

be allowed on

76

lives without

Middletown City.

Defendants on faid Execution, and no Appeal fhall be allowed on anv 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 If the plaintiff Mariner or Seaman fuing for Wages due to him for Services in his the city, no 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 ant within us. Dollars, but if the Matter in Demand exceed faid Sum, an lefs, &c.

Appeal fhall be allowed the Defendant in the fame Manner, and under the fame Regulations, as Appeals are allowable in other Caufes cognizable by said 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 ftay the levy of the Execution.

9. And faid City Court fhall have full Power to appoint and fwear a Clerk for faid Court, to continue in Office during the City courts to Pleasure of faid Court, who fhall, as to Matters relative to his Ofappoint and fice as Clerk of faid Court, have the fame Powers and Authorities, fwear a clerk. 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.

the fenior af

10. And the Mayor of faid City, or in his Abfence the senior Affiftant Judge of faid City Court, may at the fpecial Inftance and The Mayor, or Coft of any Perfon moving therefor hold a fpecial City Court, at in his abfence fuch Time and Place within faid City as the Mayor or Judge or fiftant judge, dering the fame shall appoint; which Court fhall proceed in the may call a fpe- fame Manner, have the fame Powers and Authorities and in all Refpects be under the fame Regulations as the ftated City 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.

cial court.

Fees.

aldermen firft

11. And be it further enacted, That the Mayor of faid City for the Time being, and the two Aldermen first chofen at the annual

577: Meeting of faid City, or at their firft Meeting, fhall compofe the Mayor two faid City Court and be the Judges thereof, and the Mayor fhall be chofen to be the Chief Judge of faid City Court, and the faid two Aldermen fhall judges. be the Affiftant Judges of faid Court, any two of whom in the AbWho to be fence of the other, taking to their Affiftance the fenior Alderjndges in cafe man prefent, that is not a Judge of faid Court, or if neither of the af abfence,&c. Aldermen that are not Judges of said Court can attend, one of the Juftices of the Peace within and for the County of Hartford refident within faid City, fhall have Power to hold a City Court.

12. And if at any City Court there shall be but one Judge prefent,he fhall take to his Affistance two other Aldermen of said City, and in Cafe one or both of them cannot attend, he fhall take one or two of the Juftices of the Peace, as the Cafe may require, of judge prefent the County of Hartford, refident within the faid City, and they then to take, three fhall have the fame Power to hold a City Court, as the Judges of faid City Court have.

If but one

dermen to have cognizance of civil

13. And be it further enacted, That the Mayor and Aldermen of Mayor and alfaid City fhall feverally within the Limits of faid City have Cognizance of all civil Caufes, by Law cognizable by a Justice of the Peace, provided the Caufe of Action arife within the Limits of caufes in the faid City, and one or both of the Parties live within the fame; city, and the faid Mayor and Aldermen fhall as to the Causes by them feverally cognizable, have the fame Powers and Authorities and Same power as juftices. proceed in the fame Manner as Juftices of the Peace now have, or hereafter may have and proceed.

14. And an Appeal fhall be allowed from the Judgment or De- Appeal allow termination of faid Mayor and Aldermen, in any Cause by them ed to the next cognizable feverally to the next City Court, to be holden within city court, faid City, in all Caufes in which an Appeal is now or hereafter fhall be allowed from the Judgment of a Juftice of the Peace, the -prevailing Party however, if Plaintiff, may, fuch Appeal notwithstanding, take out Execution on fuch judgment, provided he give Bond before the Mayor of faid City or one of the Judges of faid Court, in the fame manner as is provided in Cases of Appeal from faid City Court,

15. And in every Action brought before the Mayor, or either

without, or is

of the Aldermen of faid City, in which the Plaintiff lives without Where the the limits of faid City, or in which the Plaintiff is a Mariner or plaintiff lives Seaman, fuing for Wages due to him for Services in his Occupa- a mariner, &e. tion, and the Defendant lives within the Limits of said City, no no appeal. Appeal fhall be allowed the Defendant,

16. And the taxable Fees in all Caufes cognizable by the May.

fame as to the county court.

or or by one of the Aldermen of faid City feverally, fhall be the Taxable fees, fame as the taxable Fees in like Cafes before Juftices of the Feace, &c. And the Proceffes in all Actions brought to faid City Courts, fhall Proceffes the 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, fhall be the fame as the Proceffes in Actions brought before a Juftice of the peace; which Proceffes fhall be figned by the Governor, Lieutenant-Governor or one of the Affiftants of this State, or by a Justice of the Peace within ed and ferved. and for the County of Hartford or by the Mayor or one of the Aldermen of faid City, or the Clerk of faid City Court, and fhall be ferved by a Sheriff, Deputy-Sheriff or Conftable to whom directed, according to the Laws of this State, and the Provifions of this Act.

By whom fign,

fecution, &c*

17. And all Bonds for Profecution taken by any`of said Officers hereby impowered to fign Writs, fhall be good and effectual Bonds for proin Law; and Bonds for Profecution, fpecial Bail, and Bonds for Appeal, fhall be taken to the adverfe Party. Provided nevertheless, That no Writs (Executions excepted) or Proceffes figned by the Except, &c. Mayor or either of the Aldermen, fhall be of any effect without the Limits of faid City.

18. And be it further enacted, That the faid Mayor, Aldermen Jurymen how and Common Council fhall on the first Monday of February annu and when cho ally meet, and shall then choose thirty-fix Freemen of faid City or sen. fuch greater Number, not exceeding feventy-two of faid Freemen,

78

returned to &C.

names on, &c.

Jurors how drawn.

Middletown City.

Names of the as the said Mayor, Aldermen and Common Council fhall then judge jurors to be neceifary to ferve as Jurors at faid City Court, and fhall 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 fenior Alderman prefent at fuch Meeting, to the Clerk of faid City Court, who fhall write each Juror's Name thus chofen, fairly on a separate Piece of Paper, and roll up and put the fame into Clerk to write a Box, which he shall provide and keep for that Purpose: And the jurors 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 faid Court, the Sheriff receiving fuch Warrant, taking with him one of the Aldermen of faid City, fhall repair to the faid Clerk's Office, and there in the Presence of faid Alderman and Clerk, fhall take out of faid Box fuch Number of faid Papers as his Warrant fhall direct, and the Perfons whole Names fhall be found written thereon, fhall be funmoned to appear before the Court to which the Warrant is returnable, to ferve as JuJurors neglectors, and in Cafe of neglecting to attend, fhall be liable to fuch ing to attend, 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 challenged or excufed, the Sheriff attending faid Court fhall fupply fuch Deficiency by drawing, in the PreIf not a com- fence of the Court, others out of faid Box, and fummoning them plete pannel others drawn, to attend and ferve until the Pannel fhall be complete; and the Names of fuch Jurors as do not attend or are excused, shall be reJurors not at- turned into the Box and be liable to be drawn again. And the tending, &e. Oath to be taken by faid Jurors fhall be the fame as is by Law Jurors oath to provided to be taken by Jurors in Civil Actions; and the Name of each Juror who attends any City Court and ferves, fhall be aThe name of gain written on a feparate Piece of Paper, and fhall be rolled up each juror at- and put into another Box, which the Clerk of faid Court fhall tending, &c. Liable to be provide for that Purpofe, and fhall be liable to be drawn again in drawn again. 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.

be, &c.

To choofe a clerk.

19. And be it further enacted, That the faid Mayor, Aldermen and Common Council be, and they are hereby empowered to lay The mayor, out new Highways, Streets and public Walks for the Ufe of faid &c. to lay out City, or to alter thofe already laid out in faid City, and to exhigh-ways, &c change Highways for Highways, or to fell Highways for the Pur or alter thofe pofe of purchafing other Highways, taking the fame Meafures in already laid Qui, &c. 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 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 out by Selett-Men.

20. And be it further enacted, That in cafe any Sheriff, Deputy- City court Sheriff or Conftable fhall not ferve a Writ, directed to and recci- may fine the riffs, &c. ved by him, that is returnable to faid City Court, or fhall neglect to make Return 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 Perfon,his Executors or Adminiftrators in whofe Favour the Writ iffued. and the Defendant be found in Fines to be Default, the faid Court over and above awarding juft Damages to paid to the the Plaintiff, may on faid Suit fet à fuitable Fine upon the Defen- city treasurer. dant according to the Nature of the Cafe, and may flue Execution for fuch Fine, which Fine fhall be to the Treasurer of faid City, to and for the ufe of faid City.

21. And in all Cafes in which the Defendant, who is fued to If the defend. the faid City Courts, lives within the Limits of faid City, the ant lives in the Writ fhall be ferved upon him at leaft fix Days before 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- court, and if days before ved at least twelve Days before the fitting of faid Court; and all without 12 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.

22. And the Writs returnable before the Mayor or ei

ther of the Aldermen of faid City, fhall, if the Plaintiff and De- Write returnafendant both live within the limits of faid City, or if the Plaintiff ble before the live without and the Defendant live within faid Limits, or if the mayor, &c. 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 fhall be ferved 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, Sher- Mayor, &c. to iffs, Common Council and Clerk of faid City, fhall be fworn to the be fworn. 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.

oath.

YOU being elected Mayor of theCity of Middletown, dofwear by the Name of the everliving God, that you will, without any Partiality, Form of the indifferently adminifter Juftice according to Law, without refpect of Perfons, take no Bribe, give no Counfel in any Matter that shall 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 Justices 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.

Form of as

YOU being elected a Common Council-man for the City of Middletown do fwear by the Name of the everliving God, that you will faithfully for