USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 30
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PUBLIC RECORDS
January,
Line betwixt the Towns of New London and Groton and thence Nor- therly by said Division Line as said Line runs untill it comes to a Point due East from the Bounds first abovementioned, and thence running due West across the River Thames to said Bound, be and the same are hereby ordained Constituted and declared to be from Time to Time, and forever hereafter, One Body Corporate and Politic in Fact and in Name by the Name of the Mayor Alderman Common Council and Freemen of the City of New London; and that by that Name they and their Suc- cessors forever shall and may have perpetual Succession; and shall be Persons in Law capable of Suing and being sued Pleading and being Impleaded in all Suits of what Nature soever and also to purchase 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
And Whereas there are many Persons living within said 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 such Persons living within said Limits who shall before the second Monday of March next, procure the Major Part of the Select Men of the said Town of New London, to Certify that they are qualified to be admitted and made free of this State, and shall after procuring such Certificate take before some Assistant of this State or Justice of Peace within and for the County of New London, the Oaths provided by Law for Freemen, shall to all the purposes in this Act mentioned be con- sidered as Freemen of this State and Freemen of the said City of New London.
And for the better Government of said City, Be it further Enacted That there shall be a Meeting of said City holden annually in June at such Time and place as by the Bye Laws of said City shall be directed for the purpose of Choosing all the annual Officers of said City, and the annual Officers of said City Chosen at such Meeting shall continue in Office untill the expiration of the Month of June then next unless others shall be sooner Chosen and qualified in their Stead. And the said City in legal Meeting Assembled shall Choose a Mayor who shall hold his Office during the Pleasure of the General Assembly; and at their annual Meeting shall Choose four Aldermen and a Common Council of not more than Twenty, and two Sheriffs out of the Freemen of said City, all which Officers and all other Officers of said City eligible by the Freemen thereof shall be Chosen by Ballot, and on each Ballot which is given in shall be written the Namee [sic] of the Person for whom the same is given; and such Ballot shall be rolled up and in the presence of the Mayor and Aldermen of said City or such of them as are present at such Meeting put by the Person giving the same into a Box which said City shall provide for that purpose; 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 present at any City Meeting shall have had reasonable Time to give in their Ballot either of the Sherif of said City, or in the absence of The both the Sheriffs
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the Junior Alderman present in the Presence of the Mayor and Alder- men or such of them as are present at such Meeting shall open the said Box and the Mayor and Aldermen or such of them as are present shall open sort and Count the Ballots, and the Person who shall have the Majority of the Ballots given in, shall by the Sheriffs, or in their absence by the Junior Alderman Present be declared to be elected, and no Ballots shall be received after the Box shall have been opened, And said City in Legal Meeting Assembled shall have Power to Levy Taxes on the Polls and Estate within the Limits of said City for such Pur- poses as said City shall think proper, and to Chuse a Collector or Col- lectors to Collect such Tax, who shall having received a Warrant for that purpose signed by the Mayor or by one of the Aldermen of said City, have the same Power as Collectors of Town Taxes by Law have, and shall be accountable to the Mayor and Aldermen of said City, in the same manner as Collectors of Town Taxes are by Law account- able to the Select Men, and in Case any Collector shall not perform the Trust committed to him but shall fail of Collecting such Rate according to the Terms of the Warrant Committed to him on Com- plaint thereof made by the Aldermen of said City to the Mayor thereof he shall Issue a Warrant under his Hand directed to either of 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.
And be it further Enacted by the Authority aforesaid That the Sheriffs of said City shall severally within the Limits of said City have the same Powers and Authorities and be liable to the same Suits or Penalties for neglect of Duty in any Case whatever to all Intents and Purposes as Sheriffs by Law now have and are, and the said City shall be Liable to answer in Case of the Inability of said Sheriffs or either of them for the Default of said Sheriffs in all Cases relative to their Office, And said Sheriffs shall severally give Bond with Suretys in such manner as by the Bye Laws of said City shall be directed, for a faithfull discharge of the Duties of that Office before they shall be capable of executing the Same, and in Case either of the Persons Chosen Sheriff shall not give Bond with Sureties according to the Bye Laws of said City the said City the said City [sic] may proceed to Chuse another Sheriff in his room, And the said City in legal Meeting Assembled shall Chuse a Treasurer for said City to continue in Office during the Pleasure of 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 first Monday of every Month in said City a City Court, which Court shall have Power to adjourn from Time to Time, and shall have 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 withn 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
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PUBLIC RECORDS
January,
Powers and Authorities, and proceed in 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 the said City Courts shall be served and returned in the same manner as the Executions granted by the said County Courts, and an Appeal 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 London 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 Plantiff may such Appeal notwithstanding take out Execution on such Judgment for the Debt and Damage and Costs recovered in said City Courts against the Defendt or Defend- ants, 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 Recognizance 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 refund so much of the Judgment of the said City Court together with the Inter- est thereof, as shall on such Execution be collected, 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 Com- menced on such Recognizance, And in every Action brought before said City Court in which the Plantiff lives without the Limits of said City or 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 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 Regulations as Appeals are allowable in other Causes cognizable by said Court, And no Writ of Error brought upon any Judgment of said City Court or of said Mayor or either of said Aldermen shall be a supersedias or have any force to stay the Levy of the Execution, And said City Court shall have full Power to appoint and swear a Clerk for said Court to con- tinue in Office during the Pleasure of said Court which Clerk shall as to all Matters 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 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 County Courts of this State, And the Mayor of said City or in his absence the Senior Assistant Judge of said City Court may at the special Instance 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
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Powers and Authorities, and in all respects be under the same Regula- tions as the Stated City Courts of said City, and all the Taxable fees of said City Courts 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 he 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 the Peace within and for the County of New London 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 London resident within said City, and they three shall have the Same Powers 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 arises within the Limits of said City and one or both the Parties live within the Same, And the said Mayor and Alder- men 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 Case 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 Plantiff 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 PItf lives without the Limits of said City or in which the Pltf 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 the Defendt, And the taxable Fees in all Causes Cognizable by the Mayor or 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 Aldermen of said City, shall be
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PUBLIC RECORDS
January,
the same as the Processes in Actions brought before a Justice of 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 London 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 Choose forty or more 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 Seignor Alderman present at such Meeting to the Clerk of said City Court who shall Write such Jurors Name thus Chosen fairly on a separate 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 Presence of said Alderman and Clerk shall take out of said Box so many of said Papers as his Warrant shall direct, 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 attending 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 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 the Name of each Juror that attends any City Court and Serves shall be again Written on a Seperate Peice 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 Complete the Pannell 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
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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 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 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 Defendant 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 wherein 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 or before the Day of the sit- ting of said Court and before the first opening of said Court, And the Writs that are returnable before the Mayor or either of the Alder- men shall if the Plantiff and Defendt both live within the Limits of or if the Pltf Lives without and the Defendt lives within the Limits of said City or if the Pltf 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 follws viz
You ... being elected Mayor of the City of New London do Swear
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PUBLIC RECORDS
January,
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 prescribed by Law to be taken by Justices of the Peace, And the form of the Oath to be taken by the Common Councilmen of said City shall be as follows viz
You ... being elected a Common Councilman for the City of New London for the Year ensuing Do Swear by the Name of the everliving 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 Sherifs 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 London 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 London or by the Mayor or either of the Aldermen of said City Provided the Mayor or Aldermen administring such Oath hath been Sworn according 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 Council 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 or 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 committed in Gardens, relative to Walks and Buildings public or private to the sweeping of Chimnies and preserving
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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 Alderman, relative to the Bonds to be given by the Sheriffs of said City for a faithful discharge of their Duty, relative to the Penalties to be incurred 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 Public Lights and Lamps of said City relative to restrain- ing 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 the Sum of ten Pounds Lawfull Money and said Penalty shall be to such Persons as the Bye Laws of said City shall direct & be recoverable by the Persons to whom forfeited by Actions 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 Provided also that all the By Laws made by said Court of Common Council shall be approved of by said City in Legal Meeting Assembled and after being so approved shall be published at least three Weeks successively in some Public Newspaper in or near said City before the same shall be of any Validity. And all the By 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 London if by such such [sic] superior Court on a hearing adju. lged 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 the 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 Freemen thereof shall resign or be removed by Death or otherwise another Person shall be Chosen 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
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