170

Sheriffs to take an oath

New-Haven City.

And the Form of the Oath to be taken by the Sheriffs of faid City, fhall be the fame prefcribed by Law to be taken by the Sheriffs mutatis mutandis. And the Form of the Oath to be taken by the Clerk of faid City, shall be as follows, viz.

You

being chofen Clerk of the City of New-Haven, 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 Jaid City, according to your best Clerk's oath Skill, and make true Entries and Records of all the Votes and Proceedings of faid City, and fuch other Matters as by Law, or the Bye-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 shall be required of you, taking only your lawful Fees. So help you GOD. Which Oaths may be adminiftered by any Affiftant of this State, or Justadminiftred. ice of the Peace within and for the County of New-Haven, or by the Mayor, or either of the Aldermen of faid City; provided the Mayor or Alderman adminiftering fuch Oath hath been fworn according to this Act.

Bv whom

And the Perfon adminiftering the Oath prefcribed by this Act, shall give a Certificate thereof under his Hand, to the Officer to whom he adminifters fuch Oath, which Certificate fhall be recorded in the Records of faid City, before the Perfon to whom it is given fhall be capable of executing the Office to which he is chofen.

And be it further Enacted, That there fhall be a Court of Common Council of faid City, of which the Mayor, Aldermen, and Common Council of faid City fhall be Members, who, or the major Part of them, fhall have Power to make Bye-Laws, relative to Markets and Commerce within the limits of faid City; relative to Perfons fummoned to ferve as Jurors at faid City Court, and neglecting to attend or refusing to serve; relative to the Streets and Highways of faid City; relative to Nufances in faid City Limits relative to their Wharves, anchoring and mooring of Veffels; relative to Trees planted for Shade, Ornament, Convenience, or Ufe, public or private, and to the Fruit of fuch Trees; relative to Treipaffes committed in Gardens, relative to public Walks, and Buildings public or private ; to the sweeping of Chimnies, and preventing faid 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 the Time when and Place where they shall be holden; relative 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 thofe, who, being chofen to any City Office, (and not being excused by the City) fhall 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 restraining Geefe and Swine from going at large within the Limits of faid City; and relative to the Mode of Taxation as to Taxes levied by faid City; and to inflict Penalties for the Breach of fuch Bye-Laws : Provided however, that fuch Penalties fhall in no Cafe exceed Ten Pounds lawful Money; and faid Penalties fhall be to fuch Perfons as the ByeLaws of faid City fhall direct, and be recoverable by the Perfons to whom forfeited, by Action of Debt brought to the City Court of faid City. in which Action no Appeal or Review fhall be allowed: Provided however, that no Bye-Laws of said City shall be made repugnant to the Laws of this State. And the catching of Fish and Oysters within the Limits of said City, fhall not be liable to be regulated, or in any way affected by the ByeLaws of faid City.

And provided alfo, That all the By-Laws made by faid Court of Com

mon

New-Haven City.

mon Council, fhall be approved by faid City in legal Meeting affembled, and after being fo approved, fhall be published at least three Weeks fucceffively in fome public News. Paper, in or near faid City, before the fame fhall be of any Validity.

And all the Bye Laws of faid City, shall at any Time within fix Months after they are made, be liable to be repealed by any Superior Court holden in faid County of New-Haven, if by fuch Superior Court, on a Hearing, judged to be unreasonable or unjuft.

And all Grants and Leafes of any real Estate belonging to faid City, figned by the Mayor of faid City, and fealed with the City Seal, and ap. proved by faid City in legal Meeting affembled, fhall be good and effectual in Law, to convey the Eftate intended to be conveyed by fuch Grant or Leafe; provided the fame is recorded in the Records of the Town where the Land leafed or granted lies.

And faid City shall have Power to appoint Infpectors of every Kind of Produce of the United States, brought to faid City for Sale or Exportation. And the Vote or Choice of the major Part of the Freemen prefent at any legal Meeting of faid City, fhall be confidered in all Cafes, as the Vote or Choice of faid City.

And whenever the Mayor of faid City, or any other Officers of faid City, eligible by the Freemen thereof fhall refign, or be removed by Death, or otherwife, another Perfon fhall be chofen in his Place by faid City; and (if an annual Officer) shall continue in Office till the Expiration of the Month of June next following, unless another fhall be fooner chofen and fworn in his Stead.

And the Mayor of said City, or in his Abfence, the senior Alderman prefent at any Meeting of faid City, or at any Court of Common Council, hall, ex Officio, be Moderator thereof. And the Meetings of faid City may, from Time to Time, by a major Vote of the Freemen prefent, be adjourned,

And be it further enacted, by the Authority aforesaid, That the first Meeting of faid City shall be holden at the State House in faid New-Haven, on the tenth Day of February next, at nine of the Clock in the Forenoon, for the choice of the Mayor, Aldermen, Common Council and Sheriffs of faid City, and to tranfact fuch other Bufinefs as 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 the Town of New-Haven, at least three Days before faid tenth Day of February, fhall be a legal Warning of the Free. men of faid City to attend faid firft Meeting: And the annual Officers chofen at faid Meeting, fhall continue in Office until the Expiration of next June, unless others are fooner chofen and qualified in their Stead.

And the faid City fhall, at fuch Meeting, firft chufe a Clerk of faid City, who fhall be immediately fworn, and fhall forthwith make a Record of his being chofen and fworn, and the Records thus made by him in fuch Cafe, fhall be good and effectual; any Thing in this A&t to the contrary notwithstanding. And fuch Record may be made by the 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 fhall thereupon proceed to chufe 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-Haven, living and inhabiting within the limits of faid City, and prefent at fuch firft Meeting, fhall have, as to the Election of the Mayor, Aldermen, Sheriffs, Commoni Councilmen 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 A&t are to have and proceed in at the future Elections of faid City. Y 2

And

And the fenior Juftice of the Peace, within and for the County of NewFirft moder- Haven, living within the Limits of faid City, prefent at faid firft Meeting, fhall be Moderator thereof, until there fhall be a Mayor or Alderman chofen and qualified according to this Act.

ator.

Firft city court to be holden 2d tuesday of April.

Mayor, &c.
on the 2d
Tuesday of
March, to

And faid City fhall at their firft 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 first City Court of faid City fhall be holden on the fecond Tuesday of April next, at the StateHoufe in faid City. And the City Courts of faid City may be holden in faid State House from Time to Time, or in fuch other Place in faid City as faid City fhall provide and judge proper.

And the Mayor, Aldermen, and Common Council of faid City, fhall on the second Tuesday of March next, at three of the Clock in the Afternoon, hold a Meeting at the State-Houfe, in faid New-Haven; and fhall then and there, choose forty-eight Freemen of faid City, to ferve as Jurors, until after the first Monday of July next; and the Name of each Perfon thus chufe 48 ju- chofen, fhall be fairly written on a feparate Piece of Paper, and fhall be put into the Jury-Box, by this A&t to be provided by the Clerk of faid City Court, and fhall be drawn out, in the Manner herein before provided, with respect to Jurors.

rors.

Provifo.

Yale-College.

Provifo.

Public act.

Description of the per

fons that are incorporated.

Bounds of the city.

Always provided, That any Thing in this Act, notwithstanding, the Inhabitants living within the Limits of said City, shall to all Intents and Purpófes, be, and remain a Part of the Town of New-Haven.

And that nothing herein contained, fhall be conftrued to affect any of the corporation Rights of the Corporation of Yale-College.

Provided nevertheless, That if any of the Provifions in this Act contained, shall be found inconvenient, or in any Refpect inadequate, the fame, on Representation of the City or otherwise, may be altered or revoked by the General Affembly.

And this A& fhall, to all Intents and Purposes, be a public Act.
[This Alt was paffed by the General Affembly, at their Seffions bolden at New-
Haven, on the eighth Day of January, One thousand seven hundred and
eighty-four.]

An Act for incorporating a Part of the Town of New-
London.

BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That all Freemen of this State, Inhabitants of faid New-London, dwelling and inhabiting within the following Limits, viz. Beginning at a large Rock on Plumbe's-Hill, fo called, about four Rods Weft of the Road leading from Norwich to New-London, thence running 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-Gut, fo called; from thence running with faid Brook or Gut, and on the Weft Side thereof at high-water Mark, to the Sound, to a large clump of Rocks at the western point of faid Gut or Brook, called the Great-fhorerock; and from thence across the Harbour to the South End of the Divifion Line betwixt the Towns of New-London and Groton ; and thence northerly by faid Divifion Line as faid Line runs, until it comes to a Point due East from the Bounds first 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, Name of the one Body Corporate and Politic, in Fact and in Name, by the Name of THE corporation. MAYOR, ALDERMEN, COMMON COUNCIL, AND FREEMEN OF THE CITY

OF

New-London City.

OF NEW-LONDON; and that by that Name, they and their Succeffors for
ever, fhall and may have perpetual Succeffion; and fhall be Perfons in
Law, capable of Suing and being Sued, Pleading and being Impleaded in
all Suits of what Nature foever; and alfo to purchase, hold, and convey,
any Estate, real or perfonal, and may have a cominon Seal, and may change
and alter the fame at Pleasure; and fhall be Freemen of faid City.
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.

Be it enacted, That all fuch Perfons, living within faid Limits, who fhall,
before the fecond Monday of March next, procure the major Part of the
Select-men of the faid Town of New-London, to certify that they are qualified
to be admitted, and made free of this State, and shall after procuring fuch
Certificate, take before fome Afliftant of this State, or Juftice of Peace within
and for the County of New-London, the Oaths provided by Law for Free-
men, fhall to all the Purpofes in this Act mentioned, be confidered as
Freemen of this State, and Freemen of the faid City of New-London.
And for the better Government of faid City:

Be it further Enabled, That there fhall be a Meeting of faid City holden annually in June, at fuch Time and Place as by the Bye-Laws of faid City fhall be directed, for the Purpose of chufing all the annual Officers of faid City; and the annual Officers of faid City chofen at fuch Meeting, fhall continue in Office until the Expiration of the Month of June then next, unless others fhall be fooner chofen and qualified in their Stead.

To chufe a mayor, to

continue in office during,

&c.

&c.

Mode of chu fing to be by

ballot, &c.

And the faid City in legal Meeting affembled, fhall choose a Mayor, who fhall hold his Office during the Pleature of the General Affembly; and at their annual Meeting fhall chufe four Aldermen, and a Common Council of not more than Twenty, and two Sheriffs out of the Freemen of faid City; all which Officers, and all other Officers of faid City, eligible by the each Ballot aldermen, To chufe four Freemen thereof, fhall be chofen by Ballot; and on each Ballot which is given in, fhall be written the Name of the Perfon for whom the fame is 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 Purpofe; which Box shall be a close 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 reafonable Time to give in their Ballot, either of the Sheriffs of faid City, or in the Abfence of both the Sheriffs, the junior Alderman prefent, in the Prefence of the Mayor and Aldermen, or fuch of them as are prefent at fuch Meeting, fhall open the faid Box; and the Mayor and Aldermen, or fuch of them as are prefent, fhall open, fort, and count the Ballots; and the Perfon who fhall have the 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 Ballots fhall be received after the Box fhall have been opened.

The box by whom open

ed.

The mayor

and aldermen, to fort and count the

votes.

Who to declare the

choice.

The city to have power

to levy tax

es.

To chufe a Warrant by whom fign

collector.

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 chufe a Collector or ColJectors, to collect fuch 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; and fhall be accountable to the Mayor and Alderman of faid City, in the fame Manner as Collectors of Town Taxes are by Law accountable to the Select-men. And in Cafe any Collector fhall not perform the Truft committed to him, but fhall fail of collecting fuch Rate according to the Terms of the Warrant committed to him, on Complaint thereof made by accountables

the

ed.

Collectors

& to whom,

174

Complaint
being made,
&c. mayor to
iffue his war-
rant, &c.
Power of the
fheriffs.
Liable for
neglect of
duty.
City to an-

fwer in cafe of

inability, &c.

Sheriffs to give bond, &c.

New-London City.

the Aldermen 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 deftrain the Sums or Rates neglected by fuch Collector to be collected, or paid, out of the Eftate of the Collector.

And be it further enacted by the Authority aforefaid, That the Sheriffs of faid City fhall feverally within the Limits of faid City, have the fame Powers and Authorities, and be liable to the fame Suits or Penalties for negle& 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 Sheriffs, or either of them, for the Default of faid Sheriffs, in all Cafes relative to their Office.

And faid Sheriffs fhall feverally give Bond with Sureties, in fuch Manner as by the Bye-Laws of faid City fhall be directed, 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 Perfons chofen Sheriff fhall not give Bond with new one to be Sureties, according to the Bye-Laws of faid City, the faid City may proceed to chufe another Sheriff in his Room.

On failure a

chofen.

To chufe a treasurer.

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

Jurifdiction.

To have the fame powers, &c. as county

courts, & executions fer

ved, &c. as thofe from the County court.

Appeals to be allowed.

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

And be it further enacted, That there fhall be holden monthly, on the first Monday of every Month, in faid City, a City Court; which Court fhall have Power to adjourn from Time to Time, and fhall 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 faid City; and the faid City Court fhall, as to the Causes by them Cognizable, to all Intents and Purposes, have the fame Powers and Authorities, and proceed in the fame Manner and grant Executions, as faid County Courts now or hereafter by Law fhall have, proceed and grant; and the Executions granted by faid City Court fhall be ferved and returned in the fame Manner as the Executions granted by the faid County Courts, and an Appeal fhall be allowed to either Party, from the Judgment or Determination of faid City 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 prevailing Party however, if Plaintiff, may, fuch Appeal notwithstanding, take out Execution on fuch Judgment for the Debt and Damage 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 Execution, become bound with two fufficient Sureties before the Mayor of faid City, or one of the Judges of faid City Court, in a Recognizance (which Recognizance the bond be gi- Mayor of faid City and the Judges of faid City Court are refpectively impowered 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 No appeal to 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 shall be allowed on any Suit commenced on fuch Recognizance.

The prevail

ing party if,

&c.may take out execution, &c.

Provided

ven.

be allowed

on a fuit on
fuch bond.
If the plain-
tiff lives
without the
city, no ap-
peal allowed

the defendant

within, unlefs, &c.

And in every Action brought before faid City Court, in which the Plaintiff lives without the Limits of faid City, or is 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, no Appeal fhall be allowed the Defendant, unless the Matter in Demand exceed the Sum of Fifty Pounds lawful Money: but if the Matter in Demand exceed faid Sum, an Appeal fhall be allowed

the