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New-Haven City.

ballot, &c.

85

lot; and on each Ballot which is given in, fhall be written the Mode of chooName of the Perfon for whom the fame is given; and fuch Bal- fing to be by lot fhall be rolled up, and in the Prefence of the Mayor and Aldermen of faid City, or fuch of them as are prefent 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 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 any City Meeting, fhall have had reasonable Time to give in their Ballot, either of the Sheriffs of faid City, or in the Absence of The box by both the Sheriffs, the junior Alderman prefent, in the Prefence of whom opened, the Mayor and Aldermen, or fuch of them as are prefent at fuch Meeting, fhall open the faid Box; and the Mayor and Aldermen The mayor & or fuch of them as are prefent, fhall open, fort and count the Bal- fort and count lots; and the Perfon who fhall have the Majority of the Ballots the votes. given in, fhall by the Sheriffs, or in their Abfence, by the junior Who to declare Alderman prefent, be declared to be elected: And no Ballots fhall be received after the Box fhall have been opened.

alderman to

the Choice.

To choose a

countable and

to whom.

5. And said City in legal Meeting affembled, fhall have Power The city to, to levey Taxes on the Polls and Eftate within the Limits of faid have power to City, for fuch Purposes as faid City fhall think proper; and to levy taxes. choofe a Collector or Collectors, to collect fuch Tax; who fhall, collector. having received a Warrant for that Purpose, figned by the Mayor, Warrant by or by one of the Aldermen of faid City, have the fame Power as whom figned, Collectors of Town Taxes by Law have; and shall be accountable Collectors acto the Mayor and Aldermen of said City, in the fame Manner as Collectors of Town Taxes are by Law accountable to the Selectmen. And in Cafe any Collector fhall not perform the Trust committed to him, but fhall fail of collecting fuch Rate according to the Terms of the Warrant committed to him, on Complaint Complaint bethereof made by the Aldermen of faid City to the Mayor thereof, ing made, &c. he fhall iffue a Warrant under his Hand, directed to either of the mayor to iflue Sheriffs of faid City, to diftrain the Sums or Rates neglected by his warrant, fuch Collector to be collected, or paid, out of the Estate of the Collector.

&c.

Liable for neglect of duty.

6. And be it further enacted, That the Sheriffs of faid City Power of the fhall feverally within the Limits of faid City, have the fame fheriffs. Powers and Authorities, and be liable to the fame Suits or Penalties for neglect of Duty in any Cafe whatever, to all Intents and Purposes, as Sheriffs by Law now have and are; and the faid City fhall be liable to answer in cafe of the Inability of faid in cafe of inaSheriffs, or either of them, for the Default of faid Sheriffs, in all bility, &c. Cafes relative to their Office.

City to answer

7. And faid Sheriffs fhall feverally give Bond with Sureties, Sheriffs to give in fuch Manner as by the By-Laws of faid City fhall be directed, bond, &c. for a faithful Discharge of the Duties of that Office, before they fhall be capable of executing the fame. And in cafe either of the On failure, a Perfons chofen Sheriff fhall not give Bond with Sureties, accor- new one to be ding to the, By-Laws of faid City, the faid City may proceed to choose another Sheriff in his Room,

chofen.

86

To choose a treasurer.

A city court to be held monthly. Power to adjourn. Jurifdiction.

courts, & ex

New-Haven City.

8. And the faid City in legal Meeting affembled, fhall choose a Treasurer for faid City, to continue in Office during the Pleasure of faid City, who fhall have the fame Powers within faid City as Town-Treasurers now by Law have, and shall be accountable to faid City.

9. And be it further enacted, That there shall be holden monthly, on the fecond Tuesday of every Month, in faid City, a City Court; which Court fhall have Power to adjourn from Time to Time, and shall have cognizance of all Civil Caufes where the Title of Land is not concerned, by Law cognizable by the County Courts in this State, provided the Caufe of Action arife within the Limits of faid City, and one or both the Parties live within To have the faid City; and the faid City Court fhall, as to the causes 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 Executions fer- ecutions, as faid County Courts now or hereafter by Law fhall ved, &c. as have, 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 Appeals fhall Appeals to be be allowed to either Party, from the Judgment or Determination allowed. of faid City Court, to the next Superior Court to be holden in the County of New-Haven, in all Caufes 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 Appeal notwithstanding, take out Execution on fuch Judgment for the Debt or Damages and Coft recovered in fuch City Court, against the Defendant or Defendants, and levy the faid Exccution, and collect the Money thereon; provided he does previous Provided bond to his taking out faid Execution, become bound with two fufficibe given. ent Sureties before the Mayor of said 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 empowered to take) in double the Sum of faid Judgment, that he will, within one Week after final Judgment on the Appeal, refund fo much of the Judgment of the faid City Court, together 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 faid Execution; and no Appeal fhall be allowed on any Suit commenced on fuch Recognizance.

The prevail. ing party if, c. may take

out execution, &c.

No appeal to be allowed on

a fuit on fuch

bond.

lives without

the city, no

10. 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 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, Dellars: but if the Matter in Demand exceed faid Sum, an Appal fhall be allowed the Defendant in the fame Manner and under the fame Regulations as Appeals are allowable in other Caufes

unless, &c.

New-Haven City.

cognizable by faid City Court. And no Writ of Error brought upon any Judgment of faid City Court fhall be a Superfedeas.

87

11. And faid City Court shall have full Power to appoint and fwear a Clerk for faid Court, to continue in office during the Plea- City Courts to appoint and fure of faid Court; which Clerk fhall, as to all Matters relative fwear a clerk. 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 His taken by the faid Clerk, fhall be the fame, mutatis mutandis, provided by Law to be taken by the Clerks of the faid County Courts of this State.

powers.

The mayor;

or in his ab

12. And the Mayor of faid City, or in his Abfence the fenior affiftant Judge of faid City Court, may at the fpecial Inftance of, and Coft of any perfon moving therefor, hold a fpecial City Court, fence the feniat fuch Time and Place within faid City, as the Mayor or Judge or affiftant ordering the fame fhall appoint; which Court fhall proceed in the judge may fame Manner, have the fame Powers and authorities, and in all Re- call a fpecial fpects be under the fame Regulations as the stated City Courts of faid City; and all the taxable Fees of faid City Court, fhall be the Fees. fame as the taxable Fees of the County Courts of this State.

court.

Mayor & two

13. And be it further enacted, That the Mayor of faid City for the Time being, and the two Aldermen firft chofen at the annual aldermen firft Meeting of faid City, or at their firft Meeting, fhall compofe the chofen to be faid City Court, and be the Judges thereof; and the Mayor fhall the judges. be the chief Judge of faid Court, and the faid two Aldermen fhall be the affiftant Judges of faid Court, any two of whom, in the Ab- Who to be fence of the other, taking to their Affiftance the feinor Alderman of abfence, &c. judges in cafe present 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 Jufftices of the Peace within and for the County of New-Haven, refident within faid City, fhall have Power to hold a City Court.

14. And if at any City Court there fhall be but one Judge pre- If but one' fent, he fhall take to his Affi ftance the other two Aldermen of faid judge prefent City, and in cafe one or both of them cannot attend, he fhall take then to take, one or two of the Juftices of the Peace, as the cafe may require, &c. of the County of New-Haven, 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.

Mayor and

to

15. And be it further enacted, That the Mayor and Aldermen of faid City, fhall feverally, within the limits of laid City, have cog- alarmanto nizance of all civil Caules by Law cognizable by a Juftice of the have cogniPeace, provided the Caufe of Action arife within the limits of zance of civil faid City, and one or both the Parties live within the fame: And caufes in the the faid Mayor and Aldermen fhall, as to the caufes by them feve- city. rally cognizable, have the fame Powers and Authorities, and pro- Same power ceed in the fame Manner as Justices of the Peace, now, or here- as juftices. after, by Law fhall have and proceed.

16. And an Appeal fhall be allowed from the Judgment or De

termination of faid Mayor and Aldermen, in any caufe by them Appeal allow cognizable feverally, to the next City Court to be holden within ed to the nexe, faid City, in all Caules in which an Appeal is now or hereafter city court.

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fhall be allowed from the Judgment of a Juftice of the Peace; the prevailing Party however, if Plaintiff, may, fuch Appeal notwithftanding, take out Execution on fuch Judgment, provided he gives Bond before the Mayor of faid City, or one of the Judges of faid Court, in the fame Manner as is provided in cafes of Appeal from faid City Court.

Where the 17. And in every Action brought before the Mayor or either of plaintiff lives the Aldermen of faid City, in which the Plaintiff lives without without, or is the limits of faid City, or in which the Plaintiff. is a Mariner or a mariner, &c. Seaman fuing for Wages due to him for Services in his Occupation, no appeal. and the Defendant lives within the limits of faid City, no Appeal fhall be allowed the Defendant.

&c.

By whom figned,

18. And the Taxable Fees in all Caufes cognizable by the MayTaxable fees, or, 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: And the Proceffes in all Actions brought to faid City Court, fhall Proceffes the be the fame as the Proceffes to the County Courts in this State; fame as to the and the Proceffes in all Actions brought before the Mayor or onecounty court. of the Aldermen of faid City, fhall be the fame as the Proceffes in Actions brought before a Juftice of the Peace, and be figned by theGovernor, Lieutenant-Governor or one of the Affiftants of this State, or by a Juftice of the Peace, within and for the County of New-Haven, or by the Mayor or one of the Aldermen of faid City or the Clerk of faid City Court, and shall be served by a Sheriff, Deputy-Sheriff, or Constable, to whom directed, according to the Laws of this State, and the Provifions of this Act. And all Bonds profecution, 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 nevertheless, that no Writs, (Executionss excepted) or Procefs, figned by the Mayor, or either of the Aldermen, shall be of any Effect without the Limits of faid City.

and ferved.

Bonds for

&c.

except, &c.

and when

chofen.

19. And be it further enacted, That the faid Mayor, Aldermen Jurymen how and Common Council, fhall on the firft Monday of July annually meet, and fhall then Choose One Hundred and Forty-four Freemen of faid City, to ferve as Jurors at faid City Court, and fhall return the Names of faid Jurors, under the Hand of the Mayor of faid Names of the. City, if prefent, or in cafe of his Absence, under the Hand of jurors to be re, the fenior Alderman prefent at fuch Meeting, to the Clerk of turned to, &c. 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 Clerk to write into a Box, which he fhall provide and keep for that Purpose; the jurors names on, &c. and whenever either of the Sheriffs of faid City fhall receive a 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 faid Clerk's Office, and there in the Prefence of faid Alderman and Clerk, fhall take out of faid Box twelve of faid Papers, and the Persons whose Names shall be found written therein, shall be summoned to appear before the Court, to which the Warrant is return

Jurors how drawn.

New-Haven City.

&c.

89

able, 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 in- Jurors neglectflicted for fuch Neglect, and in Cafe a complete Pannel fhall not at- ing to attend, tend, or in Cafe any fhall be challenged or excufed, the Sheriff attending faid Court fhall fupply fuch Deficiency by drawing in the If not a comPrefence of the Court, others out of faid Box, and fummoning them plete pannel to attend and ferve until the Pannel fhall be complete; and the others drawn, 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 Jurors not at Oath to be taken by faid Jurors fhall be the fame as is by Law tending, &c. provided to be taken by Jurors in Civil Actions; and the Name of each Juror that attends any City Court and ferves, fhall be a- Jurors oath to gain written on a feparate Piece of Paper, and fhall be rolled up The name of and put into another Box, which the Clerk of faid Court fhall each juror atprovide for that Purpofe, and fhall be liable to be drawn again in tending, &c. Cafe there fhall not, by reafon of Death, Removal or other Caufe, Liable to drawn again. be a Sufficiency in the other Box to complete the Pannels for that Year in which they are chofen to serve.

be, &c.

The City

to choofe

20. And the faid City may chocle 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 clerk. fame Validity in point of Evidence in any Court of Law in this State, as the Records of Towns are.

be

&c. to lay out

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 faid The mayor, City, or to alter thofe already laid out in faid City, and to ex- high-ways, &c change Highways for Highways, or to fell Highways for the Pur- or alter thofe pofe of purchafing other Highways, taking the fame Measures in already laid all Refpects as are directed by the Laws of this State to be taken out, &c. 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 fuch Streets or Highways, 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.

22. And faid City fhall have Power to exchange that Part of power to exthe Green in faid New-Haven, lying north-wefterly of the public change or fell Buildings, for other Land for Highways, or another Green, and the N. W. to fell and difpofe thereof for the faine Purpofe; and that Part part of the of faid Green lying on the fouth-eafterly Side of faid public Build green, S. E. ings, fhall forever be and remain a common or public Walk, and a public walk. hever be liable to be laid out in Highways, or appropriated to any

other Purpose.

fide to remain

23. And be it further enacted, That in cafe any Sheriff, Deputy- City court Sheriff or Conftable fhall not ferve a Writ, directed to and recei- 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 falfe or undue return thereof, and a Suit fhall for fuch Default be brought again ft him to the faid City Court by the Perfon, or his Executor or Adminiftra- Fines to be tor in whole Favour faid Writ iffued, and the Defendant be found paid to the in Default, the faid Court over and above awarding juft Damages to city treasurers

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