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Norwich City* 105

inadequate, the same on Representation of the City or otherwise, may be altered or revoked by the General Assembly.

Provided nevertheless, That the Judges of said City Court may, and they are hereby authorized to hear, try, and finally determine Ioyil°' 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 the Cause decided by a Jury or by more than six Jurors.

48. And this Aft shall, to all Intents and Purposes, be a pub- pubiic act. lie Aft.

An Act for incorporating a Part of the Town of Norwich.

[enacted In May 1784.J

_ £ tna^-ei by the Governor and Council, and House of

Ar. i. Representatives, in General Court assembled, That

all Freemen of this State, Inhabitants of said Norwich, dwelling and inhabiting within the following Bounds, viz. Beginning at the Mouth of Trading Cove Brook, at the Bounds between the Description of Towns of New-London and Norwich, thence running up said the persons Brook to the Bridge on New-London Road, called Trading Cove that areincorBridge, thence a strait Line to the West-Side of the Mills at the PoiatetiIronworks belonging to Elijah Backus, Esq. thence ah eastwardly Line to the North Side of the Dwelling-house of Captain „ '. . John Hughes, thence a strait Line to Roatch's Landing (so called) ^ty 6 on the South Side of Shetucket River, thence by Shetucket River and the River Thames, at High-water-mark, to the. Mouth of Pouquatanrfock Cove, thence northwesterdly across said River to the Line between the Towns of Norwich and New-London, thence • bv said New-London Line to the first mentioned Bounds, be, and the lame are hereby ordained, constituted and declared to be front .„ Time to Time and forever hereafter, one Body corporate and politic in Fast and in Name, by the Name of The Mayor, AlDermen, Common-council And Freemen Of The City Narri^oftht Of Norwich, and that by that Name they and their Successors corporation, forever shall and may have perpetual Succession, and shall be Persons in Law capable of suing and being sued, pleading and be- Ca b] . ing impleaded in all Suits of what Nature soever ; and also to pur- sui£g, &c° chase hold and convey any Estate real or personal, and may have a common Seal, and may change and alter the same at Pleasure, and shall be Freemen of said City.

2. And whereas there are many Persons living within said Limits, vho by Law are qualified lo be Freemen of the State, that have not taken the Oath provided by Law to be taken by Freemen.

Be it enacted, That all such Persons, living within said Limits, ^sons ]!ving who shall, before the second Monday of July next, procure the "Jy"procumajor Part of the Selest-men of the said Town of Norwich, to ring'a certiticertify that they are qualified to be admitted and made free of this cate, &c. to be State, and shall after procuring said Certificate, take before some freemen of the 106 Norwich City.

Assistant of this State, or Justice of Peace within and for the

County of New-London the Oath provided by Law for Freemen,

shall to all the Purposes in this Act mentioned, be considered as

Freemen of this State, and Freemen of the laid City of Norwich.

And for the better Government of said. City;

Annual meet- 3. Be it further Enacted, That there shall be a Meeting of said

ing to be in City holden annually in July, at such Time and Place as by the

u'/oseof By-Laws of seid City shall be directed, for the Purpose of choo

choolingannu- a^ tne annual Officers of said City; and the annual Officers

al officers. of said City chosen at such Meeting, shall continue in Office un

r>„„.-_.. l'l tne Expiration of the Month of "July then next, unless othefs

Continuance n_ ,, > ,• r , r 1 It 1 ■ • • o 1 in office. »nau be looner chosen and qualified in their stead.

4. And the laid City in legal Meeting assembled, shall choose a To choose Mayor, who shall hold his Office during the Pleasure of the Genmayor, &c * era' Assembly; and at their annual Meeting shall choose four'AlTi choisefour dermen, and a Common Council ol not more than Twenty, and aldermen, &c. two Sheriffs out of the Freemen of said City; all which Officers, and all other Officers of said City, eligible by the Freemen thereof, (thelnspeftors of Produce excepted) shall be chosen by Ballot; and on each Ballot which is given in, shall be written the Name of the Person for whom the same is given: and such Bal

"n0dtobehb0" lot fha11 be rollcd UP> and in tlle Presence of the Mayor and A1" ba/Lt! dermen of said City, or such of them as are present at such Meet

ing, put, by the Person giving the same, into a Box, which said The box b City shall provide for that Purpose; which Box shall be a dole whom opened. B°*> with a Hole of a convenient Size in the Lid thereof, through which to put in the Ballot. And when the Freemen present at The mayor & anv City Meeting, shall have had a reasonable Time to give in their sonandco'uat Ballot> either of the Sheriffs of laid City, or in the Absence of the votes. both the Sheriffs, the junior Alderman present, in the Presence of the Mayor and Aldermen, or such of them as are present at such Meeting, shall open the said Box; and the Mayor and Aldermen Who to declare or such of them as are present, shall open, sort and count the Balthe Choice. lo£s . and the pcrson who .fhau havc a Majority of the Ballots given in, shall by the Sheriffs, or in their Absence, by the junior Aldermen present, be declared to be elected : And no Ballots shall be received after the Box shall have been opened. The city to 5. And said City in legal Meeting assembled, shall have Power have power to to levy Taxes on the Pollsand rateable Estate within theLimitsof To^choose « ^'ty' *"or such PurPo(es as tne kid City shall think proper;

collector. ana- t0 choose a Collector or Collectors, to collect luch Tax ; wha Warrant by shall, having received a Warrant for that Purpose, signed by the whom signed. Mayor, or by one of the Aldermen of said City, have the same Powcountfbl" 'nd Cr 3S Collectors of Town Taxes by Law have ; and shall be accountto whom? a" ab'e to tne Mayor and Aldermen of said City, in the same Manner as Collectors of Town Taxes are by Law accountable to the SeComplainthe- lect-men. And in Cafe any Collector shall not perform the Trust ing made, &c. committed to him, but shall sail of collecting such Rate according his^warrant116 to tbe Terms of the Warrant committed to him, ,on Complaint fee, 'thereof mnde by the Aldermen of said City to the Mayor thereof,

he skall issue his Warrant under his Hand, directed to either of Norwich City. 107

the Sheriffs of said City, to distrain the Sums or Rates neglected by such Collector to be collected, or paid, out of the Estate of the Collector.

6. And be it further enafied, That the Sheriffs of said City

shall severally within the Limits of laid City, have the fame ^°Ji"s°f th*

Powers and Authorities, and be liable to the fame Suits or Ljaoie for

Penalties for neglect of Duty in any Cafe whatever, to all neglect of

Intents and Purposes, as •Sheriffs by Law now have and are; and duty.

the laid City shall be liable to answer in case of the Inability of said eity to answer

Sheriffs, or either of them, for the Default of said Sheriffs, in all in cafe ofina

Cases relative to their Office ; and said Sheriffs shall severally bility, &c.

give Bond with Sureties, in such Manner as by the By-Laws of sheriffs togiv*

said City shall be directed, for a faithful Discharge of the Duties bond, 'fee.

of that Office, before they shall be capable of executing the same.

And in case either of the Persons chosen Sheriff shall not give On- failure, a

Bond with Sureties, according to the By-Laws of said City, the new one to be

said City may proceed to choose another Sheriff in his Room, and chosen

the said City in legal Meeting assembled, shall choose a Treaftirer

for said City, to continue in Office during the Pleasure of said To choose a

City, who shall have the same Powers within said City as Town- treasurer.

Treasurers now by Law have, and sliall be accountable to said

City. - .....

7. And be it further en'aUtdf That there shall beholden month

ly, on the second Tuesday of every Month, in said City, a City * hV^** Court ; which Court shall have Power to adjourn from Time to monthly. Time, and shall have cognizance of all Civil Causes where the Power to adTitle of Land is not concerned, by Law cognizable by the Coun- j°urn. ty Courts in this State, provided the Cause of Action arise within Jurlsdlctl°"' the Limits of said City, and one or both of the Parties live within tq have ^ said City; and said < Cky Court shall, as to the causes by them rame pavers, Cognizable, to all Intents and Purposes, have the fame Powers &c. as county

and Authorities, and proceed in the fame Manner and grant Ex- courts, & executions, as said County Courts now or hereafter by Law shall "",'^."Sr" have, proceed and grant y and the Executions granted by said tnofc from tne. City Court shall be served and returned in the same Manner as the county court. Executions granted by the said County Courts, andan Appeal shall be allowed to either Party, from the Judgment or Determination APPe**! t0 be of said City Court, to the next Superior Court to be holdcn in the a ow c • County of New-London in all Cases in which an Appeal is now ©r hereafter by Law shall be allowed from the said County T]je revj;i Courts; the prevailing Party however, if Phintiff, may, such jn"party if," Appeal notwithstanding, take out Execution on such Judgment &c. may take for the Debt or Damages and Cost recovered in such Citv Court, out execution, against the Defendant or Defendants, and- levy the said Execu- &ction, and collect the Money thereon ; provided he does previous to his taking out said Execution,become bound, with two suffici- Pro,u'e<'1'OIulent Sureties before the Mayor of (aid City, or one of the Judges e 8lvcnof said Court, in a Recognizance (which Recognizance the Mayorof said City and the Judges of said City Court are respectively empowered to take) in double the Sum of said Judgment, that he •will^withirLOne Week after final Judgment on the Ap-»

108 Norwich City.

peal, refund so much of the Judgment of. the said City Court, to* getherwith the Interest thereof, as shall on such Execution be collected, and shall not be by him recovered before the Court to he 'n^^i" wnicn tne APPe-l 'S taken, together with the Execution Fees a "suit on'sueh t^iat accruei ano- De Pa'^ by Defendant on said Exccu-> bond. tion; and no Appeal shall be allowed on any Suit commenced on

such Recognizance.

8. And in every Action brought before said City Court, in Iftlie 1 wn,ch the Plaintiff lives without the Limits of said City, or is a Hves without Mariner or Seaman suing for Wages due to him for Services in his tliccity.no Occupation, and the Defendant lives within the Limits of said appeal allow. Citv,no Appeal shall be allowed the Defendant, unless the Mated the defend- ter jn Delnand exceed the Sum of One Hundred and Sixty-seven unless &c"' dollars: but if the Matter in Demand exceed said Sum, an Ap

p al shall be allowed the Defendant in the same Manner and under the same Regulations as Appeals are allowable in other Cafes cognizable by said City Court. And no Writ of Error brought upon any Judgment of said City Court; or of said Mayor oreither of laid Aldermen, shall be a Superjedeas, or have any Force to stay the Levy of the Execution.

9. And said City Court shall have full Power to appoint and swear a Cleik for said Court, to continue in office during the Pleasure of said Court; which Clerk shall, as to the Matters relative

Ci^int°"nt(It0 to his Office as Clerk of said Court, have the same Powers and swear* clerk. 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 said Clerk, shall be the same, mutatis mutandis; pro* His powers, vided by Law to be taken by the Clerks of the County Courtsin this State.

10. And the Mayor of said City, or in his Absence the senior assistant Judge of said City Court, may at the special Instance, The mayor, antj QDft cs any person moving therefor, hold a special City Court, fence tneseni- « such Time and Place within said City, as the Mayor or Judge t assistant ordering the fame shall appoint; which Court shall proceed in the judge may same Manner, have the same Powers and authorities, and in all Recall a ipec;al spects be under the fame Regulations as the stated Courts of f-ourt- said City ; and all the taxable Fees of laid City Court, shall be tha

Fees. fame as the taxable Fees of the County Courts of this State.

U, And be it further enacted, That the Mayor of said City for the Time being, and the two Aldermen first chosen at the annual Meeting; of said City, or at their first Meeting, shall compose the Mermen *fTrst £"4 City Court, and be the Judges thereof; and the Mayor shall chosen to be De the chief Judge of said Court, and the said two Aldermen shall the judges. be the assistant Judges of said Court, any two of whom, in the Absence of the other, taking to their Assistance the senior Alderman present that is not a Judge of said Court, or if neitheir of the Aly/ho to be dermen that are not Judges of said Court can attend, one of the Jus» ^'aSsVc" C&c l'CCS 0f l'ie Peace within and for the County of Nac-London, resi01 ence, c. (jcn(. w,jtkin fs;d City, shall have Power to hold a City Court.

12. And if at any City Court there shall be but one Judge present, he shall take to his Assistance the two other Aldermen of said Norwich City. log

City, and in case one or both of them cannot attend, he shall take If but one one or two of the Justices of the Peace, as thC^aso may require, J^gc present of the County of New-London, resident within the said City, and fc(fn °e« they three, shall have the same Power to hold a City Court, as the Judges of said City Court have.

13. And be it further enaEled, That the Mayor and Aldermen of

said City, shall severally, within the limits of laid City, have cog- Mayor and nizance of all civil Causes by Law cognizable by a Justice of the aldermen t» Peace, provided the Cause of Action arise within the Limits of hive cofcriisaid City, and one or both the Parties live within the fame: And zan5e °.f ci*iI the said Mayor and Aldermen shall, as to the causes by them seve- "ty" '* rally cognizable, have the same Powers and Authorities, and proceed in the fame Manner as Justices of the Peace, now, or here- Same power after, by Law have and proceed. '• as justices.

14. And an Appeal shall be allowed from the Judgment or Determination of said Mayor and Aldermen, in any cause by them cognizable severally, to the next City Court to be holden within e/t'o'he said City, in all Causes in which an Appeal is now or hereafter city c»urt. shall be allowed from the Judgment of a Justice of the Peace; the prevailing Party however, if Plaintiff, may, such Appeal notwith. standing, take out an Execution on such Judgment, provided he

give Bond before the Mayor of said City, or one of the Judges of . . •

said Court, in the same Manner as is provided in cafes of Appeal from said City Court.

15. And in every Action brought before the Mayor or either of the Aldermen of said City, in which the Plaintiff lives without

the limits of said City, or in which the Plaintiff is a Mariner or Where the Seaman suing for Wages due for Services in his Occupation, ^tauT1'*" and the Defendant lives within the Limits of said City, no Appeal a mariner &c. shall be allowed the Defendant. no appeal.

16. And the Taxable Fees in all Causes cognizable by the May or, or by one of the Aldermen of said City severally, shall be the

same as the taxable Fees in like Cafes, before Justices of the Peace: Tax*ble And the Processes in all Actions brought to said City Courts, shall c' be the same as the Processes to the County Courts in this Slate; and the Processes in all Actions brought before the Mayor or one Processes the of the Aldermen of said City, shall be the same as the Processes in same as t0 the Actions brought before a Justice of the Peace, and be signed by the counly eourt•Governor, Lieutenant-Governor, one of the Assistants of this State, or by a Justice of the Peace, within and for the County of By whom New-London or by the'Mayor or one of the Aldermen of said City, fig^d, or the Clerk of said City Court, and shall be served by a Sheriff, an(j fervec| Deputy-Sheriff, or Constable, to whom directed, according to the Laws of this State, and the Provisions of this Aft.

%f. And all Bonds for Prosecution taken by any of said Officers hereby empoweredto sign Writs, shall be good and effectual in Law 5 And Bonds for Prosecution, special Bail, and Bonds for Appeal, shall be taken to the adverse Party: Provided neverthe- Bonds for les*, that no Writs, (Executionss excepted) or Process, signed by prosecution, the Mayor, or either of the Aldermen, shall be of any Effect &c- * V/ithout the Limits of said City, . except, &o

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