New-London City.

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, shall be a Superfedeas, or have any Force to ftay the levy of the Execution.

And faid City Court fhall have full Power to appoint and swear 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. And the Mayor of faid City, or in his Abfence, the fenior affiftant Judge of faid City Court, may, at the fpecial Inftance and Coft of any Perfon moving therefor, hold a fpecial City Court, at fuch Time and Place with in faid City, as the Mayor or Judge ordering the fame fhall appoints which Court fhall proceed in the fame Manner, have the fame Powers and Authorities, and in all Refpects be under the fame Regulations as the stated City Courts of faid City; and all the taxable Fees of faid City Court, shall be the fame as the taxable Fees of the County Courts of this State. And be it further enacted, That the Mayor of faid City for the Time being, and the two Aldermen firft chofen at the annual Meeting of faid City, or at their firft Meeting, fhall compofe the faid City Court, and be the Judges thereof, and the Mayor fhall 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 Abfence 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 atrend, one of the Justices of the Peace within and for the County of New-London, refident within faid City, fhall have Power to hold a City Court.

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

And be it further enacted, That the Mayor and Aldermen of faid City, fhall feverally, within the Limits of faid City, have Cognizance of all civil Caufes by Law cognizable by a Juftice of the Peace, provided the caufe of Action arifes within the Limits of faid City, and one or both the Parties live within the fame : And the faid Mayor and Aldermen fhall, as to the Caufes by them feverally cognizable, have the fame Powers and Authorities, and proceed in the fame Manner as Juftices of the Peace, now, or hereafter, by Law shall have and proceed.

And an Appeal fhall be allowed from the Judgment or Determination of faid Mayor and Aldermen, in any Caufe by them cognizable feverally, to the next City Court to be holden within faid City, in all Caufes in which an Appeal is now or hereafter fhall be allowed from the Judgment of a Justice of the Peace; the prevailing Party however, if Plaintiff, may, fuch Appeal notwithstanding, 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 said City Court. And in every Action brought before the Mayor or either of the Aldermen of faid City, in which the Plaintiff lives without the Limits of faid City, or in which the Plaintiff 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.

And

Appeal allowed to the

next city.

court.

Where the

plaintiff lives without, or is a mariner,&c no appeal.

176

Taxable fees, &c.

the county court.

By whom figned,

New-London City.

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 Proceffes the in like Cafes, before Juftices of the Peace: And the Proceffes in all Actions fame as to brought to faid City Court, fhall 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, and be figned by the Go-. vernor, Lieutenant-Governor, or one of the Affiftants of this State, or by a Juftice of the Peace, within 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 shall be served by a Sheriff, Deputy-Sheriff, or Conftable, to whom profecution, directed, according to the Laws of this State, and the Provifions of this Act. And all Bonds for Profecution taken by any of faid Officers hereby impowered 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, (Executions excepted): or Process, figned by the Mayor, or either of the Aldermen, fhall be of any Effect without the Limits of faid City.

and served.

Bonds for

&c.

except, &c.

and when

chofen.

Names of the jurors to be

returned to, &c.

Clerk to

rors names

on, &c.

Jurors how drawn.

And be it further enacted by the Authority aforesaid, That the faid Mayor, Jurymen how Aldermen and Common Council, shall on the firft Monday of July annually, meet, and shall then chufe Forty or more 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 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 feparate Piece of Paper, and roll up and put the fame into a Box, which he fhall provide and keep for that Purpofe; and whenever either of the Sheriffs of write the ju- 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, shall take out of faid Box so many of said Papers as his Warrant fhall direct, and the Perfons whofe Names fhall be found written therein, shall be sum→ moned to appear before the Court, to which the Warrant is returnable, to ferve as Jurors, and in case of neglecting to attend, fhall be liable to fuch Penalties as fhall by the Bye-Laws of faid City be inflicted for fuch Neglect; and in cafe a compleat 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 Prefence of the Court, others out of faid Box, and fummoning them to attend and ferve, until the Pannel fhall be com. plete; and the Names of fuch Jurors as do not attend, or are excused, fhall be returned into the Box, and be liable to be drawn again. And the Oath to be taken by faid Jurors, fhall be the fame as is by Law provided The name of to be taken by Jurors in civil Actions. And the Name of each Juror each juror at that attends any City Court and ferves, fhall be again written on a separate tending, &c. Piece of Paper, and fhall be rolled up and put into another Box, which the Clerk of faid Court fhall provide for that Purpose, and fhall be liable to be Liable to be drawn again, in Cafe there fhall not, by Reason of Death, Removal, or other Cause, be a Sufficiency in the other Box, to complete the Pannel for that Year, in which they are chosen to serve.

Jurors neglecting to at

tend.

&c.

If not a complete pannel, others drawn, Jurors not at tending, &c. Jurors oath to be, &c.

drawn again.

The city to

And the faid City may choose a Clerk of faid City, who fhall make true chufe a clerk. 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.

And be it enacted by the Authority aforefaid, 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 City, or to al

ter

New-London City.

ter those already laid out in faid City, and to exchange, Highways for Highway's, or to Tell Highways for the Purpose of purchafing other Highways, taking the fame Measures in all Refpects, as are directed by the Laws of this State to be taken, in cafe of Highways laid out by the Selectmen 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.

And be it enacted by the Authority aforefaid, That in cafe any Sheriff, Deputy Sheriff or Conftable, fhall not ferve a Wric directed to, and received by him, that is returnable to faid City Court, or fhall neglect to make Return of faid Writ, or shall make falfe or undue Return thereof, and a Suit fhail for fuch Default, be brought against him to the faid City Court by the Perfon or his Executor or Administrator, in whose Favour faid Writ issued, and the Defendant be found in Default; the faid Court, over and above awarding juft Damages to the Plaintiff, may, on faid Suit, fet a fuitable Fine upon the Defendant, according to the Nature of the Cafe, and may iffue Execu tion for fuch Fine; which Fine fhall be to the Treasurer of faid City, to and for the Ufe of faid City: the Defendant who is fued to the faid City Court, lives within the Limits of faid City, the Writ fhall be ferved upon him at leaft fix Days before the Day of the fitting of the Court to which the Writ is returnable, but if the Defendant lives without the Limits of faid City, the Writ fhall be ferved at least twelve Days before the fitting of faid Court; and all Writs returnable to faid City Court, fhall be returned to the Clerk of faid Court on or before the Day of the fitting of faid Court, and before the first opening of faid Court.

And in all Cafes wherein

Writs returnable

before the mayor,&c

And the Writs that are returnable before the Mayor or either of the Aldermen, fhall, if the Plaintiff and Defendant both live within the Limits of, er, if the Plaintiff lives without and the Defendant lives within the Limits of faid City, or if the 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 shall be served upon the Defendant at leaft fix Days before the fitting of the Court to which it is returnable. And be it further Enacted, That the Mayor, Aldermen, Sheriffs, Common Council and Clerk of faid City, fhall be fworn to a faithful Difcharge of Mayor, &c their Duty; and the Form of the Oath to be taken by the Mayor of faid to be sworn. City, fhall be as follows, viz.

being elected Mayor of the City of New-London, do swear by the Name of the Everliving God, that you will, without any Partiality, indiffe- Form of the rently administer Justice, according to Law, without refpect of Perfons, take no oath. Bribe, give no Counsel in any Matter that hall 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.

And the Form of the Oath to be taken by the Aldermen of faid City's Atlermen hall be the fame mutatis mutandis as is preferibed by Law to be taken by: to be fworn. Juftices of the Peace.

And the Form of the Oath to be taken by the Common Councilmen of

faid City, fhall be as follows, viz.

you being elected a Common Council man for the City of New-London,

for the Year enfuing, Do fwear by the Name of the Everliving God, that you will form of ar! faithfully and uprightly difcharge the Duties of that Office, jo long as you fall oath. bold the fame.

So help you GOD.

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. Z And

Sheriffs to take an oath

178

Clerk's oath

New-London City.

And the Form of the Oath to be taken by the Clerk of faid City, fhall be as follows, viz.

γου being chofen Clerk of the City of New-London, 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 faid City, according to your best 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 Cuy, are to be recorded in your Office; and that you will deliver true Copies of the Records in your Hands, when they fhall be required of you, taking only your lawful Fees. So help you GO D. Which Oaths may be adminiftered by any Affiftant of this State, or Juftice of the Peace within and for the County of New-London, or by the Mayor, adminiftred. or either of the Aldermen of faid City, provided the Mayor or Alderman adminiftering fuch Oath hath been fworn according to this A&t.

By whom

Certificate

to be given,

and record

el.

Power to make byelaws.

To inflict pecuniary penalties, not exceed

ing rol.

Penalties to

be fo, &c.
Recovered
by, &c.

No appeal.
Provifo.

Bye-laws to

And the Perfon adminiftering the Oath prefcribed by this Act, fhall give a Certificate thereof under his Hand, to the Officer to whom he administers 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 said City fhall be Members, who, or the major Part of them, shall have Power to make Bye-Laws, relative to Markets and Commerce within the limits of faid City, relative to Perfonis fummoned to ferve as Jurors at faid City Court, and neglecting to attend or refufing to ferve; 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, públic or pri vate, and to the Fruit of fuch Trees; relative to Trelpaffes committed in Gardens; relative Walks, and Buildings public or private; to the fweeping of Chimnies, and preferving 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; relatives 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; rela tive 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 Difcharge of their Duty; relative to the Penalties to be incurred by thofe, who, being chofen to any City Office, (and not being excufed 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 reftraining 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 the Sum of Ten Pounds lawful Money; and faid Penalties fhall be to fuch Perfons as the Bye-Laws of faid City shall direct, and be recoverable by the Perfons to whom forfeited, by Actions 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 faid City fhall be made repugnant to the Laws of this State,

And provided alfo, That all the By Laws made by faid Court of Com mon Council, fhall be approved of by faid City in legal Meeting affembled, be published. and after being fo approved, fhall be published at least three Weeks fuc-. ceffively in fome public News Paper, in or near faid City, before the same fhall be of any Validity.

And all the Bye Laws of faid City, shall at any Time within fix Months after

New-London City.

after they are made, be liable to be repealed by any Superior Court holden in faid County of New-London, if by fuch Superior Court, on a Hearing, adjudged to be unreasonable or unjust.

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 P. 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 fhall 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 Jegal Meeting of faid City, fhall be confidered in all Cafes, as the Vote or Choice of faid City.

In cafe of

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 any officer, (if an annual Officer) fhall 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 faid City, or in his Abfence, the fenior Alderman prefent at any Meeting of faid City, or at any Court of Common Council, Thall, ex Officio, be Moderator therecf. 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 aforefaid, That the first Meeting of faid City fhall be holden at the Town School-Houfe in faid New-London, the fecond Monday of March next, at nine o'Clock in the Forenoon, for the choice of the Mayor, Aldermen on Council and Sheriffs of faid City, and to tranfact fuch other Bunels as may be neceffaryhich Meeting may be from Time to Time adjourned. And a Copy of this Paragraph of this A&t, certified under the Hand of the Secretary of this State, and published on the Sign- Poft in faid Town of New-London, at least three Days before faid fecond Monday of March next, fhall be a legal Warning of the Freemen 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, firit chufe a Clerk of faid Ci. ty, who fhall be immediately fworn, and thall 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 Act 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-Londen, living and inhabiting within the limits of faid City, and prefent at fuch first Meeting, shall have, as to the E lection of the Mayor, Aldermen, Sheriffs, Common 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 Act are to have and proceed in at the future Elections of faid City.

&c.

And the senior Juftice of the Peace, within and for the County of New London, living within the Limits of faid City, prefent at faid firft Meeting, Firft moder shall be Moderator thereof, until there fhall be a Mayor or Alderman chofen and qualified according to this A&t.

And faid City shall at their first Meeting appoint a Time and Place for holding

ator.