USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 29
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
260
PUBLIC RECORDS
January,
said City who shall have the same Powers within said City as Town Treasurers now by Law have and shall be accountable to said City.
And be it further Enacted that there shall be holden Monthly on the second Tuesday of every Month in said City a City Court, which Court shall have Power to Adjourn from Time to Time and shall take Cogni- zance of all Civil Causes when the Title of Land is not concerned by Law Cognizable by the County Courts in this State Provided the Cause of Action arise within the Limits of said City, and one or both the Parties live within said City and the said City Court shall as to the Causes by them Cognizable to all Intents and purposes have the same Powers and Authorities and proceed on the same manner and grant Executions as said County Courts now or hereafter by Law shall have proceed and Grant ; and the Executions granted by said City Court shall be served and returned in the same manner as the Executions granted by the said County Courts and Appeals shall be allowed to either Party from the Judgment or determination of said City Court to the next Superior Court to be holden in the County of New Haven in all Causes in which an Appeal is now or hereafter by Law shall be allowed from the said County Courts, the Prevailing Party however if Plaintiff, may such Appeal notwithstanding take out Execution on such Judgment for the Debt or Damages and Cost recovered in such City Court against the Defendt or Defendants, and Levy the said Execution and Collect the Money thereon. Provided he does previous to his taking out said Execution become bound with two sufficient Sureties before the Mayor of said City or one of the Judges of said City Court in a Recogni- zance, which Recognizance the Mayor of said City and the Judges of said City Court are respectively impowered to take, in double the Sum of said Judgment, that he will within one Week after final Judgment on the Appeal refused so much of the Judgment of the said City Court together with the Interest thereof as shall on such Execution be Col- lected, and shall 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 Defendt on said Execution and no Appeal shall be allowed on any Suit commenced on such Recognizance. And in every Action brought before said City Court in which the Pltf lives without the Limits of said City, or is a Mariner or Seaman Sueing for Wages due to him for Services in his Occupation, and the Defendt lives within the Limits of said City, no Appeal shall be allowed the Defendt unless the Matter in Demand exceed the Sum of fifty Pounds lawfull Money but if the Matter in Demand exceed said Sum, an Appeal shall be allowed the Defendt in the same manner and under the same Regula- tions as Appeals are allowable in other Causes Cognizable by said City Courts, And no Writ of Error brought upon any Judgment of said City Court shall be a Supersedias, And said City Court shall have full Power to appoint and Swear a Clerk for said Court to continue in Office during the Pleasure of said Court, which Clerk shall as to all Mat- ters relative to his Office as Clerk of said Court have the same Powers and Authorities to all Intents and purposes as the Clerks of the County
261
OF CONNECTICUT
1784.
Courts in this State by Law have, And the Oath to be taken by the said Clerk shall be the same mutatis mutandis Provided by Law to be taken by the Clerks of the said County Courts of this State. And the Mayor of said City or in his absence the Junior Assistant Judge of said City Court, may at the special Instance of, and Cost of any Person moving therefor hold a special City Court at such Time and Place within said City as the Mayor or Judge ordering the same shall appoint which Court shall proceed in the Same manner have the Same Powers and Authori- ties, and in all respects be under the Same Regulations as the Stated City Courts of said City, and all the taxable Fees of said City Court shall be the same as the Taxable Fees of the County Courts of this State.
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 said City Court, and be the Judges thereof And the Mayor shall be the Chief Judge of said Court, and the said two Aldermen shall 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 neither of the Aldermen that are not Judges of said Court can attend, one of the Justices of Peace within and for the County of New Haven resident within said City, shall have Power to hold a City Court, And if at any City Court there shall be but one Judge present he shall take to his Assistance the other two Aldermen of said City, and in Case one or both of them cannot attend he shall take one or two of the Justices of the Peace as the Case may require of the County of New Haven resident within the said City and they three shall have the same Power to hold a City Court as the Judges of said City Court have.
And be it further Enacted that the Mayor and Aldermen of said City shall severally within the Limits of said City have Cognizance of all Civil Causes by Law Cognizable by a Justice of Peace Provided the Cause of Action arise within the Limits of said City, or one or both the Parties live within the same, And the said Mayor and Aldermen shall as to the Causes by them severally Cognizable have the same Powers and Authorities and proceed in the Same Manner as Justices of the Peace now or hereafter by Law shall have and proceed; 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 said City in all Causes in which an Appeal is now or hereafter shall be allowed from the Judgment of a Justice of the Peace; the prevailing Party however if Pltf may such Appeal notwithstanding take out Execution on such Judgment Provided he gives Bond before the Mayor of said City or one of the Judges of said Court in the same manner as is provided in Cases of Appeal from said City Court, And in every Action brought before the Mayor or either of the Aldermen of said City in which the Plantiff lives without the Limits of said City or in which the Plantiff is a Mariner or Seaman suing for Wages due to him for Services in his Occupation and the Defendt lives within the Limits of said City no Appeal shall be allowed
262
PUBLIC RECORDS
January,
the Defendt, And the taxable Fees in all Causes Cognizable by the Mayor or by One of the Aldermen of said City severally shall be the same as the taxable Fees in like Cases before Justices of the Peace, And the Processes in all Actions brought to said City Court shall be the same as the Processes to the County Courts in this State and the Processes in all Actions brought before the Mayor, or one of the Alder- men of said City shall be the Same as the processes in Actions brought before a Justice of the Peace and be Signed by the Governor Lieutenant Governor or one of the Assistants of this State or by a Justice of the Peace within and for the County of New Haven or by the Mayor or one of the Aldermen of said City or the Clerk of said City Court, and shall be Served by a Sheriff Deputy Sheriff or Constable to whom directed, according to the Laws of this State and the Provisions of this Act, and all Bonds for Prosecution taken by any of said Officers hereby Impowered to Sign Writs shall be good and effectual in Law, and Bonds for Prosecution special Bail and Bonds for Appeal shall be taken to the adverse Party,
Provided nevertheless that no Writs Executions excepted or Process signed by the Mayor or either of the Aldermen shall be of any Effect without the Limits of said City.
And be it further Enacted by the Authority aforesaid That the said Mayor Aldermen and Common Council shall on the first Monday of July annually meet and shall then Chuse One hundred and forty four Freemen of said City to Serve as Jurors at said City Court, and shall return the Names of said Jurors under the Hand of the Mayor of said City if present or in Case of his Absence under the Hand of the Senior Alderman present at Such Meeting to the Clerk of said City Court, who shall Write each Jurors Name thus Chosen fairly on a seperate Peice of Paper and roll up and put the Same into a Box which he shall Provide and keep for that purpose, and whenever either of the Sheriffs of said City shall receive a Warrant from the Clerk of the City Court to Summon a Jury to appear before said Court the Sheriff receiving such Warrant, taking with him one of the Aldermen of said City shall repair to the said Clerks Office and there in the Presence of said Aldermen and Clerk shall take out of said Box twelve of said Papers and the Persons whose Names shall be found written therein shall be Summoned to appear before the Court to which the Warrant is returnable to Serve as Jurors, and in Case of neglecting to attend shall be liable to such Penalties as shall by the bye Laws of said City be inflicted for such neglect, and in Case a compleat Pannel shall not attend or in Case any shall be Challenged or excused the Sheriff attend- ing said Court shall supply such Deficiency by drawing in the Presence of the Court others out of said Box and Summoning them to attend and Summoning them to attend [ sic] and Serve untill the Pannell shall be Compleat, and the Names of such Jurors as do not attend or are excused shall be returned into the Box and be liable to be drawn again, And the Oath to be taken by said Jurors shall be the Same as is by Law Provided to be taken by Jurors in Civil Actions, And
263
OF CONNECTICUT
1784.
the Name of each Juror that attends any City Court and Serves shall be again written on a Seperate Piece of Paper, and shall be rolled up and put into another Box which the Clerk of said Court shall provide for that purpose, and Shall be liable to be drawn again in Case there shall not by reason of Death removal or other Cause be a Sufficiency in the other Box to compleat the Pannels for that Year in which they are Chosen to Serve. And the said City may Choose a Clerk of said City who shall make true and regular entries of all the Votes and proceedings of said City and the Records by him kept shall be of the Same 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 aforesaid, That the said Mayor Aldermen and Common Council be and they are hereby Impowered to lay out new Highways Streets and Public Walks for the Use of said City, or to alter those already laid out in said City, and to exchange Highways for Highways or to Sell Highways for the purpose of pur- chasing other Highways, taking the same Measures in all respects as are directed by the Laws of this State to be taken in Case of Highways laid out by the Select Men for the Use of their Towns, and the Party aggrieved by the laying out of such Streets or Highways may have the same Remedy by Application to the County Court as is by Law Provided in Cases of Highways laid out by Select Men, And said City shall have Power to exchange that part of the Green in said New Haven lying North Westerly of the Public Buildings for other Land for Highways or another Green and to Sell and dispose thereof for the same Purpose; and that part of said Green lying on the South Easterly Side of said Public Buildings shall forever be and remain a Common or Public Walk and never be liable to be laid out in Highways or appropriated to any other Purpose.
And be it Enacted by the Authority aforesaid, That in Case any Sheriff Deputy Sheriff or Constable shall not Serve a Writ directed to and received by him that is returnable to said City Court, or shall neglect to make return of said Writ or shall make false or undue Return thereof and a Suit shall be for such Default be brought against him to the said City Court by the Person or his Executor or Administrator in whose favour said Writ Issued and the Defendt be found in Default the said Court over and above awarding Just Damages to the Plantiff may on said Suit set a suitable Fine upon the Defendt according to the Nature of the Case and may Issue Execution for such fine, which Fine shall be to the Treasurer of said City to and for the Use of said City. And in all Cases wherin the Defendt who is sued to the said City Court lives within the Limits of said City, the Writ shall be Served upon him at least six Days before the Day of the sitting of the Court to which the Writ is returnable, but if the Defendt lives without the Limits of said City the Writ shall be Served at least twelve Days before the sitting of said Court and all Writs returnable to said City Court shall be returned to the Clerk of said Court on the Day of the sitting of
264
PUBLIC RECORDS
January,
said Court and before the first opening of said Court, and the Writs that are returnable before the Mayor or either of the Aldermen shall if the Pltf and Defendt both Live within the Limits of or if the Plantiff lives without and the Defendt lives within the Limits of said City, or if the Plantiff be a Mariner or Seaman Suing for Wages due to him for Services in his occupation and the Defendt lives within the limits of said City be served upon the Defendt at least three Days before the sitting of the Court to which it is returnable, but if the Defendt lives without the Limits of said City the Writ shall be Served upon the Defendt at least six Days before the sitting of the Court to which it is returnable.
And be it further Enacted That the Mayor Aldermen Sheriffs Com- mon Council and Clerk of said City shall be sworn to a faithfull Dis- charge of their Duty and the form of the Oath to be taken by the Mayor of said City shall be as follows viz
You ... being elected Mayor of the City of New Haven do Swear by the Name of the everliving God that You will without any Partiality, indifferently administer Justice according to Law without respect of Persons, take no Bribe give no Council in any Matter that shall come before You nor deny Right to any, but well and truly perform Your Office of Mayor of said City according to Your best Skill. So help You God.
And the form of the Oath to be taken by the Aldermen of said City shall be the Same mutatis mutandis as is presented by Law to be taken by Justices of the Peace; And the form of the Oath to be taken by the Common Council Men of said City shall be as follows viz
You . . . being elected a Common Council Man for the City of New Haven for the Year ensuing, do swear by the Name of the ever- living God that You will faithfully and uprightly discharge the Duties of that Office so long as you shall hold the Same
So help You God.
And the form of the Oath to be taken by the Sheriffs of said City shall be the same prescribed by Law to be taken by the Sheriffs mutatis mutandis. And the form of the Oath to be taken by the Clerk of said City shall be as follows viz You ... being Chosen Clerk of the City of New Haven, do swear by the Name of the everliving God that You will truly and faithfully attend and execute the Place and Office of Clerk of said City according to Your best skill and make true Entries and Records of all the Votes and proceedings of said City, and such other Matters as by Law or the bye Laws of said 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 lawfull fees, So help You God.
Which Oaths may be administered by any Assistant of this State or Justice of the Peace within and for the County of New Haven or by the Mayor or either of the Aldermen of said City, Provided the Mayor or Aldermen administering such Oath hath been sworn according
265
OF CONNECTICUT
1784.
to this Act. And the Person administering the Oath prescribed by this Act shall give a Certificate thereof under his Hand to the Officer to whom he administers such Oath, which Certificate shall be recorded in the Records of said City before the Person to whom it is given shall be capable of executing the Office to which he is Chosen ;
And be it further Enacted that there shall be a Court of Common Council of said City of which the Mayor Aldermen and Common Coun- cil of said City shall 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 said City, relative to Persons summoned to Serve as Jurors at said City Court and neglecting to attend or refusing to Serve, relative to the Streets and Highways of said City, relative to nusances in said City Limits relative to their Wharves Anchoring and Mooring of Vessels, relative to Trees planted for Shade Ornament Convenience or Use Public or Private and to the Fruit of such Trees, relative to Trespasses comitted in Gardens relative to public Walks & buildings public or private to the sweeping of Chimnies and preventing said City from Fire, relative to forms of Oaths to be taken by the Treasurer of said City, and Inspectors of Produce brought to said City for Sale or exportation, relative to the manner of Warning Meetings of said 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 said City for a faithfull discharge of their Duty, relative to the Penalties to be incured by those who being Chosen to any City Office and not being excused by the City shall refuse to serve relative to a City Watch, relative to the burial of the Dead relative to the Pub- lic Lights and Lamps of said City, relative to restraining Geese and Swine from going at large within the Limits of said City and relative to the mode of Taxation as to Taxes levied by said City and to inflict Penalties for the Breach of such Bye Laws,
Provided however that Such Penalties shall in no Case exceed ten Pounds lawfull Money, and said Penalties shall be to such Persons as the Bye Laws of said City shall direct, and be recoverable by the Persons to whom forfeited by Action of Debt brought to the City Court of said City, in which Action no Appeal or review shall 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, shall not be liable to be regulated or in any Way affected by the Bye Laws of said City,
And Provided also That all the By Laws made by said Court of Com- mon Council shall be approved by said City in legal Meeting Assembled and after being approved shall be published at least three Weeks suc- cessively in some public News Paper in or near said City before the same shall be of any validity, And all the Bye Laws of said City shall at any Time within six Months after they are made be liable to be repealed by any Superior Court holden in said County of New Haven
266
PUBLIC RECORDS
January,
if by such Superior Court on a hearing Judged to be unreasonable or unjust. And all Grants and Leases of any real Estate belonging to said City Signed by the Mayor of said City and Sealed with the City Seal and approved by said City in legal Meeting Assembled, shall be good and effectual in Law to convey the Estate intended to be conveyed by such Grant or Lease Provided the Same is recorded in the Records of the Town where the Land leased or granted lies. And said City shall have Power to appoint Inspectors of every kind of Produce of the United States brought to said City for Sale or exportation, and the Vote or Choice of the Major part of the Freemen present at any Legal Meeting of said City shall be considered in all Cases as the Vote or Choice of said City, And whenever the Mayor of said City or any other Officers of said City eligible by the Treasurer thereof shall resign or be removed by Death or otherwise another Person shall be Chosen and sworn in his place by said City, and if an Annual Officer shall continue in Office till the expiration of the Month of June next following unless another shall be sooner Chosen and sworn in his Stead, And the Mayor of said City or in his absence the Senior Alderman present at any Meeting of said City, or at any Court of Common Coun- cil shall ex Officio be Moderator thereof, And the Meetings of said City may from Time to Time by a Major Vote of the Freemen present be adjourned.
And be it further Enacted by the Authority aforesaid that the first Meeting of said City shall be holden at the State House in said New Haven on the tenth Day of Feb' next at nine of the Clock in the fore- noon for the Choice of the Mayor Aldermen Common Council and Sheriffs of said City, and to transact such other Business as may be necessary, 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 Post in the Town of New Haven at least three Days before said tenth Day of February shall be a legal Warning of the Freemen of said City to attend said first Meeting, and the annual Officers Chosen at said Meeting shall continue in office untill the expiration of next June unless others are sooner Chosen and qualified in their stead. And the said City shall at such Meeting first chuse a Clerk of said City who shall be immediately sworn, and shall forthwith make a Record of his being Chosen and sworn, and the Records thus made by him in such Case shall be good and effectual, any Thing in this Act to the contrary notwithstanding, and such Record may be made by the Clerks hereafter Chosen of their being chosen and sworn and shall be good and effectual any Thing in this Act to the contrary notwithstanding, And said City shall thereupon proceed to choose a Mayor and the other Officers of said City eligible by the Freemen thereof, And the Justices of the Peace within and for the County New Haven living and Inhabiting within the Limits of said City and present at such first Meeting shall have as to the Election of the Mayor Aldermen Sheriffs Common Council Men and Clerks of
267
OF CONNECTICUT
1784.
said City the Same Powers and proceed in the same manner as the Mayor Aldermen and Sheriffs of said City by this Act are to have and proceed in at the future Elections of said City, And the Senior Justice of the Peace within and for the County of New Haven living within the Limits of said City present at said first Meeting shall be Moderator thereof untill there shall be a Mayor or Alderman Chosen and qualified according to this Act, and said City shall at their first Meeting appoint a Time and place for holding the first Court of Common Council, which Court shall have Power to Adjourn from Time to Time, and the first City Court of said City shall be holden on the second Tuesday of April next at the State House in said City, and the City Courts of said City may be holden in said State House from Time to Time or in such other place in said City as said City shall provide and Judge proper, And the Mayor Aldermen and Common Council of said City shall on the second Tuesday of March next at three of the Clock in the Afternoon hold a Meeting at the State House in said New Haven and shall then and there Choose forty eight Freemen of said City to serve as Jurors untill after the first Monday of July next, and the Name of each Person thus chosen shall be fairly written on a Seperate Peice of Paper and shall be put into the Jury Box by this Act to be provided by the Clerk of said City Court and shall be drawn out in the manner herein before Provided with respect to Jurors,
Always Provided that any Thing in this Act notwithstanding the Inhabitants living within the Limits of said City shall to all Intents and purposes be and remain a part of the Town of New Haven, and that nothing herein contained shall be construed to affect any of the Cor- poration Rights of the Corporation of Yale College,
Provided nevertheless That if any of the Provisions in this Act con- tained shall be found inconvenient or in any respect inadequate the same on representation of the City or otherwise may be altered or revoked by the General Assembly, And this Act shall to all Intents and purposes be a public Act.
An Act for incorporating a part of the Town of New London.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That all Free- men of this State Inhabitants of said New London dwelling and Inhab- iting within the following Limits viz beginning at a large Rock on Plumb Hill so called about four Rods West of the Road, leading from Norwich to New London, thence running South thirty seven Degrees West to a large Rock in Land belonging to John Ashcroft, a little to the Eastward of Cedar Swamp, from thence running South six Degrees East to the main branch of Alwife Brook or Lesters Gut so called, from thence running with said Brook or Gut and on the West side thereof at Highwater mark to the Sound to a large Clump of Rocks at the Western Point of said Gut or Brook called the great Shore Rock and from thence across the Harbour to the South end of the Division
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.