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New-London City.

An Act for incorporating a Part of the Town of New

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Bounds of the

city."

all Freemen of this State, Inhabitants of faid New-London, dwel- Defcription of ling and inhabiting within the following Limits, viz. Beginning the perfons at a large Rock on Plumbe's-Hill, fo called, about four Rods Weft that are incor of the Road leading from Norwich to New-London, thence running porated. South 37 Degrees Weft to a large Rock in Land belonging to John Afhcraft, a little to the eastward of Cedar-fwamp; from thence running South fix Degrees Eaft to the main Branch of Alwife-brook, or Lefter's Gat, fo called; from thence running with faid Brook or Gut, and on the Weft Side thereof at highwater Mark, to the Sound to a large clump of Rocks at the weftern point of faid Gut or Brook, called the Great-fhorerock; and from thence acroís the Harbour to the South End of the divifion Line betwixt the Towns of New-London and Groton; and thence northerly by faid Division Line as faid Line runs, until it comes to a Point due East from the Bounds firft above-mentioned, and thence running due Weft across the River of Thames, to faid Bound, be and the fame are hereby Ordained, Conftituted, and Declared to be from Time to Time, and forever hereafter, one Bo dy Corporate and Politic, in Fact and in Name, by the Name of Name of the corporation. THE MAYOR, ALDERMEN, COMMON COUNCIL, AND FREEMEN OF THE CITY OF NEW-LONDON; and that by that Name, they Capable of and their Succeffors forever, fhall and may have perpetual Suc- fuing, &c. ceffion and fhall be Perfons in Law, capable of Suing and being Sued, Pleading and being Impleaded in all Suits of what Nature foever; and alío to purchafe, hold, and convey any Eftate, real or perfonal, and may have a common Seal, and may change and alter the fame at Pleafure; 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 this State, who have not taken the Oath provided by Law to be taken by Freemen :

Who are free

men of the city

freemen of the

Be it enacted, That all fuch Perfons living within faid Limits, Perfons living who fhall, before the second Monday of March next, procure the within the major part of the Select-men of the faid Town of New-London to cer- city, procutify that they are qualified to be admitted and made free of this ring a certifi State, and fhall after procuring fuch Certificate, take before fome Cate, &c. to be Assistant of this State, or Juftice of Peace within and for the frate and city. County of New-London the Oath provided by Law for Freemen, fhall to all the Purpofes in this Act mentioned, be confidered as Freemen of this State, and Freemen of the said City of New-London 3. And for the better Government of faid City:

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Be it further enacted, That there fhall be a Meeting of faid Annual meet City holden annually in June at fuch Time and Place as by ing to be in the By-Laws of faid City fhall be directed, for the Purpofe June for the of choosing all the annual Officers of faid City, and the annual purpose of

96

al officers.

New-London City.

choofing annu- Officers of faid City chofen at fuch Meeting fhall continue in Office until the Expiration of the Month of June then next, unlefs others fhall be sooner chofen and qualified in their ftead.

in office.

Mode of choofing to be by

ballot, &c.

4. And the faid City in legal Meeting affembled fhall choose a Continuance Mayor, who fhall hold his Office during the Pleafure of the General Affembly: And at their annual Meeting fhall choose four To choose a Aldermen and a Common Council of not more than Twenty, and mayor, to con- two Sheriffs out of the Freemen of faid City, all which Officers tinue in office and all other Officers of faid City, cligible by the Freemen thereof during, &c. fhall be chofen by Ballot, and on each Ballot which is given in To choose four fhall be written the Name of the Perfon for whom the fame is aldermen, &C. given; and fuch Ballot 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 Purpose, which Box fhall be a clofe Box with a Holeof 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 Ballots, either of the Sheriffs of faid City, or in the Absence of both of the Sheriffs, the junior Alderman prefent, in the Presence of the Mayor and Aldermen, or fuch of them as are prefent at fuch Meeting fhall open the faid Box, and The mayor & the Mayor and Aldermen, or fuch of them as are prefent, fhall open, fort and count the Ballots, and the Perfon who shall have a majority of the Ballots given in, fhall by the Sheriffs, or in their Abfence by the junior Alderman prefent, be declared to be elected; and no Ballot fhall be received after the Box fhall have been opened.

Box by whom opened.

aldermen to

fort and count the votes.

Who to declare the choice.

The city to have power to levy taxes.

To ohoofe a collector.

5. And faid City in Legal Meeting affembled fhall have Power to levy Taxes on the Polls and Eftate within the Limits of faid City, for fuch Purposes as faid City fhall think proper, and to choose a Collector or Collectors to collect such Tax, who fhall, having received a Warrant for that Purpose, figned by the Mayor or by one of the Aldermen of faid City, have the fame Power as Collectors of Town Taxes by Law have, Warrant by and fhall be accountable to the Mayor and Aldermen of faid whom figned. City, in the fame Manner as Collectors of Town Taxes are by Law accountable to the Select-men, and in cafe any Collector Collectors acfhall not perform the Truft committed to him, but shall fail of colcountable and lecting fuch Rate according to the Terms of the Warrant committed to him, on Complaint thereof made by the Alderinen of faid City to the Mayor thereof, he fhall iffue a Warrant under his Hand, directed to either of 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.

to whom.

Complaint being made, &c. mayor, to iffue his warrant,

&c.

Power of the heriffs.

Liable for neg Je of duty.

6. And be it further enacted, That the Sheriffs of faid City shall feverally, within the Limits of faid City, have the fame Powers and Authorities, and be liable to the fame Suits or Penalties for neglect of Duty, in any Cafe whatever, to all Intents and Purpofes as Sheriffs by Law now have and are; and the faid City fhall. be liable to anfwer in Cafe of the Inability of faid Sheriffs, or ei

New-London City.

bond, &c.

97

ther of them, for the Default of faid Sheriffs, in all Cafes relative City to answer in cafe of inato their Office. bility, &c. 7. And faid Sheriffs fhail feverally give Bond with Sureties, in fuch Manner as by the By-Laws of faid City fhall be directed, Sheriffs to give for a faithful Difcharge of the Duties of that Office, before they shall be capable of executing the fame and in Cafe either of the 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 chofen. choose another Sheriff in his Room.

8. And the said 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.

On failure a

To choose treasurer.

courts & executions ferved

allowed.

9. And be it further enacted, That there fhall be holden Monthly, a city court tö on the first Monday of every Month, in faid City, a City Court, be held month which Court fhall have Power to adjourn from Time to Time, ly. and fhall have cognizance of all civil Caufes, where the title of Power to adLand is not concerned, by Law cognizable by the County Courts journ. in this State, provided the Caufe of Action arife within the Lim Jurifdiction. its of faid City, and one or both the Parties live within faid To have the City; and the faid City Court fhall, as to the Caufes by them cog- fame powers, nizable, to all Intents and Purposes, have the fame Powers and Au- &c. as county thorities, and proceed in the fame Manner, and Executions as grant faid County Courts now, or hereafter, by Law fhall have proceed &c. as thofe and grant; and the Executions granted by faid City Court fhall from the C. be ferved and returned in the fame Manner as the Executions court. granted by the faid County Courts; and an Appeal fhall be allowed to either Party from the Judgment or Determination of faid City Appeals to be Court to the next Superior Court to be holden in the County of New-London in all Caufes in which an Appeal is now, or hereafter by Law fhall be, allowed from the faid County Courts, the prevail- The prevail ing Party however, if Plaintiff, may, fuch Appeal notwithstanding, ing party if take out Execution on fuch Judgment for the Debt and Damage &c. may take and Cofts recovered in fuch City Courts against the Defendant or Defendants, and levy the faid Execution, and collect the Money thereon, provided he does, previous to his taking out faid Execu- Provided bood 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 Noappeal to Judges of faid City Court are refpe&tively empowered to take) in be allowed on. double the Sum of faid Judgment, that he will, within one Week a fuit en fuck after final Judgment on the Appeal, refund so much of the Judg ment of the faid City Court, together with the Interest 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 shall accrue and be paid by the Defendant on faid Execution, and no Appeal fhall be allowed on any Suit commenced on fuch Recognizance,

P

out execution,

&c.

bond.

98

ant within unlefs, &c.

New-London City.

If the plaintiff 10. And in every Action brought before faid City Court, in lives without which the Plaintiff lives without the Limits of faid City, or is a the city, no appeal allow- Mariner or Seaman fuing for Wages due to him for Services in his ed the defend- Occupation, and the Defendant lives within the Limits of faid City, no Appeal fhall be allowed the Defendant, unlefs the Matter in Demand exceed the Sum of One Hundred and Sixty-fevers 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 Caufes cognizable by faid Court; and no Writ of Error, brought upon any Judgment of faid City Court, or of faid Mayor or either of the faid Aldermen, fhall be a Superfedeas or have any Force to ftay the levy of the Execution.

City courts to appoint and fwear a clerk.

His powers.

cial court.

Fees.

11. And faid City Court fhall have fulk Power to appoint and wear a Clerk for faid Court, to continue in Office during the Pleasure of faid Court, which Clerk fhall, as to all 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 Courts of this State.

12. And the Mayor of faid City, or in his Abfence the fenior The Mayor, or Affiftant Judge of faid City Court, may at the fpecial Inftance and in his abfence Coft of any Perfon moving therefor hold a fpecial City Court, at the fenior af- fuch Time and Place within faid City as the Mayor or Judge orfiftant judge, may call a fpe- dering the fame fhall appoint; which Court fhall proceed in the fame Manner, have the fame Powers and Authorities and in all Respects 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. 13. And be it further enacted, That the Mayor of faid City for the Time being, and the two Aldermen first chofen at the annual Mayor & two Meeting of faid City, or at their firft Mecting, fhall compofe the chofen to be faid City Court and be the Judges thereof, and the Mayor fhall be judges. the Chief Judge of faid Court,and the faid two Aldermen shall Who to be be the Affiftant Judges of faid Court, any two of whom in the Abjudges in cafe fence of the other, taking to their Affiftance the fenior Alderman present, that is not a judge of faid Court, or if neither of the Aldermen that are not Judges of faid Court can attend, one of the Juftices of the Peace within and for the County of New-London resident within faid City, fhall have Power to hold a City Court.

aldermen firft

of abfence,&c.

If but one

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

&c.

15. And be it further enalled, That the Mayor and Aldermen of Mayor and al- faid City fhall feverally within the Limits of faid City have Cognizance of all civil Caufen, by Law cognizable by a Juftice of the

dermen to

have cogni.

1

New-London City.

99

Peace, provided the Caufe of A&ion arifes within the Limits of zance of civil faid City, and one or both of the Parties live within the fame ; caufes in the city, and the faid Mayor and Aldermen fhall as to the Caufes by them feverally cognizable, have the fame Powers and Authorities and Same power as proceed in the fame Manner as Juftices of the Peace now, or here- justices. after, by Law fhall have and proceed.

ed to the next

16. And an Appeal fhall be allowed from the Judgment or Determination of faid Mayor and Aldermen, in any Caufe by them Appeal allow 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, provi ded 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 the Aldermen of faid City, in which the Plaintiff lives without plaintiff lives the limits of faid City, or in which the Plaintiff is a Mariner or without, or is Seaman, fuing for Wages due to him for Services in his Occupa- a mariner, &c. tion, and the Defendant lives within the Limits of faid City, no no appeal. Appeal fhall be allowed the Defendant.

Taxable fees, &c.

18. And the taxable Fees in all Caufes cognizable by the Mayor or one of the Aldermen of faid City feverally, fhall be the fame as the taxable Fees in like Cafes before Juftices of the Peace. Proceffes the And the Proceffes in all Actions brought to faid City Courts, fhall fame as to the be the fame as the Proceffes to the County Courts in this State; county court. and the Proceffes in all A&ions brought before the Mayor or one of the Aldermen of laid City, shall be the fame as the Proceffes in Actions brought before a juftice of the Peace; and be fign

ed by the Governor, Lieutenant-Governor or one of the By whom fign Affiftants of this State, or by a Juftice of the Peace within ed and served. and for the County of New-London, 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 A&t. And all Bonds for Profecution taken by any of faid OM

cers hereby impowered to fign Writs, fhall be good and effectual Bonds for proin Law; and Bonds for Profecution, fpecial Bail, and Bonds for fecution, &c Appeal, fhall be taken to the adverfe Party. Provided nevertheless,

That no Writs (Executions excepted) or Procefs figned by the Except, &c. Mayor or either of the Aldermen, fhall be of any effect without

the Limits of faid City.

19. And be it further enacted, That the faid Mayor, Aldermen

and Common Council fhall on the first Monday of July annu- Jurymen how ally meet, and fhall then choose forty or more Freemen of faid City and when choto ferve as Jurors at faid City Court, and fhall return the fen. Names of faid Jurors, under the Hand of the Mayor of faid City, if prefent, or in cafe of his Absence, under the Hand of the fenior Alderman prefent at futh Meeting, to the Clerk of Laid City Court, who fhall write each Juror's Name thus chofen, turned to, &

Names of the

jurors to be re

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