Hartford City.

Thall be the fame mutatis mutandis as the Oath provided by Law to be taken by the Clerks of the County Courts in this State.

65

The Mayor, or

11. And the Mayor of faid City, or in his Abfence the fenior Affiftant Judge of faid City Court, may at the fpecial Inftance and in his abfence Coft of any Perfon moving therefor hold a special City Court, at the fenior affuch Time and Place within faid City as the Mayor or Judge or- fiftant judge, dering the fame fhall appoint; which Court fhall proceed in the may call a fpefame 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 fhall be Fees. the fame as the taxable Fees of the County Courts of this State.

cial court.

Who to be

12. And be it further enacted, That the Mayor of faid City for Mayor & two 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 be judges. the Chief Judge of faid Court, and the faid two Aldermen shall be jndges in cafe the Affiftant Judges of faid Court, any two of whom in the Ab- of abfence, &c. fence of the other, taking to their Affiflance the fenior Alderman prefent, 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 Hartford, refident within faid City, shall have Power to hold a City Court.

If but one

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

faid City Court have.

caufes in the

-14. And be it further enacted, That the Mayor and Aldermen of Mayor and alfaid City fhall feverally within the Limits of faid City have Cog- dermen to nizance of all civil Caufes, 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 of the Parties live within the fame; city, and the faid Mayor and Aldermen fhall as to the Causes by them feverally cognizable, have the fame Powers and Authoritics and Same power as proceed in the fame Manner as Juftices of the Peace now, or here- justices. after have and proceed.

Appeal allow

15. And an Appeal fhall be allowed from the Judgment or Determination of faid Mayor and Aldermen, in any Caufe by them ed to the next 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 Justice of the Peace, the prevailing Party however, if Plaintiff may, fuch Appeal notwithstanding, take out Execution on fuch Judgment, provided he give Bond before the Mayor of faid City or one of the Judges of faid City Court, in the fame manner as is provided in Cafes of Appeal from faid City Court.

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

L

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 Occupaa mariner, &e. tion, and the Defendant lives within the Limits of faid City, no no appeal. Appcal fhall be allowed the Defendant.

&c.

Proceffes the

17. And the taxable Fees in all Caufes cognizable by the May or or by any of the Aldermen of faid City feverally, fhall be the Taxable fees, fame as the taxable Fees in like Cafes before Juftices of the Peace. 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 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; which Proceffes fhall be figned by the Governor, Lieutenant-Governor or one of By whom fign- the Affiftants of this State, or by a Juftice of the Peace within ed and ferved. and for the County of Hartford, 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.

Bonds for profecution, &c.

Except, &c.

Jurymen how

and when chofen.

jurors to be returned to,

&c.

Clerk to write the jurors names on, &c.

18. 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 Proceffes figned by the Mayor or either of the Aldermen, fhall be of any effect without the Limits of faid City.

1. And be it further enacted, That the faid Mayor, Aldermen and Common Council fhall on the first Monday of June annually meet, and shall then choose seventy-two Freemen of faid City or Names of the fuch greater Number, not exceeding one hundred of faid Freemen, as the faid Mayor, Aldermen and Common Council fhall judge neceffary to ferve as Jurors at faid City Courts, 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 present 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 Purpose: And whenever either of the Sheriffs of faid City fhall receive a Warrant from the Clerk of said City Court to summon 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 fuch Number of faid Papers as his Warrant fhall direct, and the Perfons whofe Names fhall be found written thereon, fhall be fummoned to appear before the Court to which the Warrant is returnable, to ferve as JuJurors negle&ting to attend, rors, and in Cafe of neglecting to attend, shall be liable to fuck Penalties as fhall by the By-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.

Jurors how drawn.

others drawn.

be, &c.

faid Court fhall fupply fuch Deficiency by drawing in the Pre- If not a comfence of the Court, others out of faid Box, and fummoning them plete pannel to attend and ferve until the Pannel fhall be compleat; and the Names of fuch Jurors as do not attend or are excufed, fhall be re- Jurors not atturned into the Box and be liable to be drawn again. And the tending, &e. Oath to be taken by faid Jurors fhall be the fame as is by Law provided to be taken by Jurors in Civil Actions; and the Name Jurors oath to of each Juror who attends any City Court and ferves, fhall be a- The name of gain written on a feparate Piece of Paper, and fhall be rolled up each juror atand put into another Box, which the Clerk of faid Court fhall tending, &c. provide for that Purpofe, and fhall be liable to be drawn again in Liable to drawn again. Cafe there fhall not, by reafon of Death, Removal or other Caufe, be a Sufficiency in the other Box to compleat the Pannel for that Year in which they are chofen to ferve. And the faid City may choose a Clerk of faid City, who fhall make true and regular Ertries 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.

he

or alter thofe.

20. And be it further enacted, That the faid Mayor, Aldermen The mayor, and Common Council be, and they are hereby empowered to lay &c. to lay out out new Highways, Streets and public Walks for the Ufe of faid high-ways, &c City, or to alter thofe already laid out in faid City, and to ex- already laid change Highways for Highways, or to fell Highways for the Pur- cut, &c. pofe 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 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 Courts as is by Law provided in cafes of Highways laid out by Select-Men.

21. And be it further enacted, That in cafe any Sheriff, DeputySheriff or Constable shall not serve a Writ, directed to and recci- City court may fine fheved by him, that is returnable to faid City Court, or fhall negle&t riffs, &c. to make Return of faid Writ, or fhall make a falfe or undue return thereof, and a Suit for fuch Default be brought against him to the faid City Court by the Perfon, his Executors or Administrators in whofe Favour the Writ iffued, and the Defendant be found in Default, the faid Court over and above awarding juft Damages to Fines to be the Plaintiff, fhall on faid Suit fet a fuitable Fine upon the Defen- paid to the dant according to the Nature of the Cafe, and may iffue Execu- city treasurer. tion for such Fine, which Fine fhall be to the Treasurer of said City, to and for the ufe of faid City.

city, the writ

22. And in all Cafes in which the Defendant, who is fued to If the defendthe faid City Courts, lives within the Limits of faid City, the ant lives in the Writ fhall be ferved upon him at leaft fix Days before the fitting to be ferved fix of the Court to which the Writ is returnable; but if the Defen- days before dant lives without the Limits of faid City, the Writ fhall be fer- court, and if ved at least twelve Days before the fitting of faid Court; and all without 12 Writs returnable to faid City Court fhall be returned to the Clerk days. of faid Court on or before the Day of the fitting of faid Court, and before the firft opening of faid Court.

23. And the Writs that are returnable before the Mayor or either of the Aldermen of faid City, fhall, if the Plaintiff and DeWrits returna- fendant both live within the limits of faid City, or if the Plaintiff ble before the live without and the Defendant live within faid Limits, or if the mayor, &c. 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 fhall be ferved upon the Defendant at least fix Days before the fitting of the Court to which it is returnable.

24. And be it further enacted, That the Mayor, Aldermen, SherMayor, &c. to iffs, Common Council and Clerk of faid City, fhall be fworn to a be worn. faithful Difcharge of their Duty, and the Form of the Oath to be taken by the Mayor of faid City, fhall be as follows, viz.

Form of the oath.

Aldermen to be fworn.

Forma of an oath.

Sheriffs to take an oath.

Clerks oath.

YOU being eled Mayor of the City of Hartford, do fwear by the Name of the everliving God, that you will, without any Partiality, indifferently adminifter Juftice according to Law, without refpect of Perfons, take no Bribe, give no Counfel in any Matter that fhall come before you, nor deny Right to any, but well and truly perform your Office of Mayor of faid City, according to your beft fhill.

So help you GOD. 25. And the Form of the Oath to be taken by the Aldermen of faid City, fhall be the fame mutatis mutandis as is prescribed by Law to be taken by Juftices of the Peace.

26. And the Form of the Oath to be taken by the Common Council-men of faid City, fhall be as follows, viz.

YOU being elected a Common Council-man for the City of Hartford, do fwear by the Name of the everliving God, that you will faithfully and uprightly Difcharge the Duties of that Office fo long as you fhall hold the fame. So help you GOD.

27. 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.

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

YOU being chofen Clerk of the City of Hartford, do fwear by the Name of the everliving God, that you will truly and faithfully attend and execute th 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 by the By-Laws of Jaid 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 your lawful Fees. So help you GOD.

29. Which Oaths may be adminiftered by any Affiftant of By whom ad- this State, or Juftice of the Peace within and for the County of ministered. Hartford, 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 Aft.

30. And the Perfon adminiftering the Oath prefcribed by this

recorded.

Act, fhall give a Certificate thereof under his Hand to the Officer Certificates to to whom he administered fuch Oath, which Certificate fhall be re- be given and corded in the Records of faid City, before the Perfon to whom it is given fhall be capable of executing the Office to which he was chofen.

31. And be it further enacted, That there fhall be a Court of Common Council of faid City, of which the Mayor, Aldermen and Power to make Common Council of faid City fhall be Members, who, or a Major- by-laws. ity of them fhall have Power to make By-Laws relative to the erecting and regulating Markets, and relative to Commerce within the Limits of said City; relative to Persons fummoned to ferve as Jurors at faid City Courts and neglecting or refusing to ferve; relative to the Streets and Highways of faid City; relative to Nufances within faid City Limits; relative to Landing-Places, Wharves, anchoring and mooring of Veffels; relative to Trees planted for Shade, Ornament, Convenience or Ufe public or private, and to the Fruits of fuch Trees; relative to Trefpaffes committed in Gardens; relative to public Walks and Buildings; relative to the fweeping of Chimneys and preferving faid City from Fire; relative to the Forms of Oath to be taken by the Treafurer 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 and Place at which they fhall 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 Difcharge of their Duty; relative to the Penalties to be incurred by thofe who being chofen to any City Office, fhall (not being excufed by faid City) refufe to ferve; relative to a To inflet peCity Watch; relative to the Burial of the Dead; relative to the cuniary penalpublic Lights and Lamps of faid City; relative to reftraining ties not exGeefe and Swine from going at large within the Limits of faid Penalties to be ceeding 34dol. City, and to infli&t Penalties for the Breach of fuch By-Laws ; &c. provided however, that fuch Penalty fhall in no Cafe exceed the Recovered by, Sum of Thirty-Four Dollars; and faid Penalties fhall be to fuch &c. Perfons as the By-Laws of faid City fhall direct, and be No appeal. recovera- Provifo. ble by the Perfon to whom forfeited, by Action of Debt brought to the City Courts of faid City, in which Action no Appeal or Review fhall be allowed: provided however, that no By-Laws of laid City fhall be made repugnant to the Laws of this State; and provided alfo, that all the By-Laws made by faid Court of By-Laws to be Common Council, fhall be approved of by faid City in legal Meet- published. ing affembled, and after being fo approved, fhall be published at leaft three Weeks fucceffively in fome public News-paper in or nearest faid City, before the fame fhall be of any Validity; and all the By-Laws of faid City fhall at any Time within fix Months after they are made, be liable to be repealed by any Superior Court holden in laid County of Hartford, if by fuch Superior Court on a Hearing adjudged to be unreasonable or unjust.

32. And all Grants and Leafes of any real Estate belonging to faid City, figned by the Mayor of faid City, and fealed with the

Liable to be repealed by,

&C.