USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 39
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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 the Peace within and for the County of Hartford resident within said City shall have Power to hold a City
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Court. And if at any City Court there shall be but one Judge present he shall take to his Assistance two other 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 Hart- ford resident within the said City and they shall have the same Power to hold a City Court as the Judges of the said City Court have.
And be it further Enacted that the Mayor and Aldermen of said City shall be severally within the Limits of said City have Cognizance of all Civil Causes by Law cognizable by a Justice of the Peace Provided the Cause of Action arise within the Limits of said City, and one or both of 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 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 Plantiff may such Appeal not- withstanding take out Execution on such Judgment provided he give 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 Sea- man Suing for Wages due to him for Services in his occupation, and the Defendant lives within the Limits of said City no Appeal shall be allowed the Defendant. And the Taxable fees in all Cases cognizable by the Mayor or by any 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 Courts, 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 the same as the Processes in Actions brought before a Justice of the Peace, which Processes shall be Signed by the Governor Deputy Governor or one of the Assistants of this State, or by a Justice of the Peace within or for the County of Hart- ford 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 Proc- esses signed by the Mayor or either of the Aldermen shall be of any effect without the Limits of said City.
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And be it further Enacted by the Authority aforesaid, That the said Mayor Aldermen and Common Council shall on the first Monday of June annually meet and shall then Choose seventy two Freemen of said City, or such greater number not exceeding one hundred of said Freemen, as the the said Mayor Aldermen and common Council shall Judge necessary to serve as Jurors at said City Courts, 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 Aldermen 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 said Sheriffs of said City shall receive a Warrant from the Clerk of said 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 sd Clerks Office and there in the Presence of said Alderman and Clerk shall take out of said Box such numbers of said Papers as his Warrant shall direct, and the Persons whose names shall be found written thereon 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 Pannell 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 until the Pannels 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 who 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 compleat the Pannell for that Year in which they are Chosen to Serve And the said City may Chuse 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 further Enacted by the Authority aforesaid that the said Mayor Aldermen and Common Council be, and they are hereby Impow- ered 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 purchasing other Highways, taking the same Measures in all Respects as are directed by the Laws of this State to be taken in Case of
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Highways laid out by the Select Men for the Use of their Towns, and the party aggrieved by the laying out such Streets or Highways, may have the Same Remedy by Application to the County Courts 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 a false or undue return thereof, and a Suit for such Default be brought against him to the said City Court by the Person his Executors or Administrators in whose favour the Writ Issued, and the Defendt be found in Default, the said Court over and above awarding Just Damages to the Pltf, shall 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 in which the Defendt who is sued to the said City Courts, lives within the Limits of said City, the Writ shall be served upon him at least six Days before 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 sitting of said Court, and before the first opening of said Court. And the Writs that are returnable before the Mayor or either of the Aldermen of said City, shall if the Plantiff and Defendant both live within the Limits of said City, or if the Plantiff live without and the Defendant live within said Limits, 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 leas three Days before the setting of the Court to which it is returnable; but if the Defendt live without the Limits of said City the Writ shall be served upon the Defendt at least six Days before the setting 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 the 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 Hartford 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 prescribed by Law to be
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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 Hartford 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 Clerks of said City shall be as follows viz-
You being Chosen Clerk of the City of Hartford, do swear by the Name of the everliving God that You will truly and faithfully attend and execute the Office of Clerk of said City according to Your best skill, and make true Entries and Records of all the Votes and proceed- ings of said City and such other Matters as by Law or by 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 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 Hartford or by the Mayor or either of the Aldermen of said City Provided the Mayor or Aldermen administering 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 administered 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 was 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 a Majority of them shall have Powers to make Bye Laws relative to the erecting and regulating Markets, and relative to Commerce within the Limits of said City, relative to Persons summoned to serve as Jurors at said City Courts and neglecting or refusing to Serve; relative to the Streets and High- ways of said City, relative to Nusances within said City Limits ; relative to their Landing Places Wharves Anchoring and Mooring of Vessels, relative to Trees Planted for Shade Ornament Convenience or Use Public or Private, and to the Fruits of such Trees; relative to Tres- passes committed in Gardens, relative to Public Walks and Buildings ; relative to the sweeping of Chimneys, and preserving said City from fire relative to the forms of Oath to be taken by the Treasurer of said City and Inspectors of Produce brought to said City for Sale or expor- tation ; relative to the manner of Warning Meetings of said City, and the Court of Common Council, and the Time and Place at which 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 Pen-
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alties to be incurred by those who being Chosen to any City Office shall (not being excused by said City) 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 restraining Geese and Swine from going at large within the Limits of said City; and to inflict Penalties for the Breach of such Bye Laws;
Provided however, that such Penalty shall in no Case exceed the Sum of 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 Person to whom forfeited by Action of Debt brought to the City Courts 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 Bye 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 nearest 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 Hart. ford, if by such Superior Court on a hearing adjudged to be unreason- able 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 of by said City in Legal Meeting Assembled shall be good and effectual in Law to convey the Estate intended to be Con- veyed by such Grant or Lease, Provided the same is recorded in the Records of the Town where the Lands leased or granted lie, 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 a 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 Officer 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 untill the expiration of the Month of March 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 Council, shall ex Officio be Moderator thereof, and the Meeting 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 Hartford on the fourth Monday of June next at nine o Clock in the forenoon for the Choice of a Mayor, Aldermen Common Council and Sheriffs of said City and to transact such other Business as may be necessary,
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which Meeting may be from Time to Time Adjourned and a Copy of this Paragraph of this Act Certifyed under the Hand of the Secretary of this State and published on the Sign Post in said Town of Hartford at least three Days before said fourth Monday of June next 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 experation of the Month of March then next 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 imme- diately sworn, and shall forthwith make a Record of his being Chosen and sworn, and the Record thus made by him in such Case shall be good and effectual anything in this Act to the contrary notwithstanding, and such Records may be made by Clerks hereafter chosen after being chosen & sworn and shall be good & effectual any Thing in this Act to the Contrary notwithstanding, And said City shall thereupon proceed to Chuse 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 of Hartford 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 and Sheriffs Common Councilmen and Clerk of said City the same Powers and proceed in the Same manner as the Mayor Aldermen and Sheriffs of said City are by this Act to have and proceed at the future Elections of said City, And the Senior Justice of the Peace within and for the County of Hartford 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 last Tuesday of July next at the State House in said City, and the City Court 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 July next at three of the Clock in the Afternoon hold a Meeting at the State House in said Hartford, and shall then and there Chuse thirty six freemen of said City to Serve as Jurors untill the first Monday of June then next and the Name of each Person thus Chosen shall be fairly written on a seperate peice of Paper and 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 said [town of] Hartford.
And Whereas it is not equitable that any of the Inhabitants of that part of the Town of Hartford not included within the Limits of said
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City nor possessed of real Estate within said Limits should be subjected to any Burthens which may hereafter arise in Consequence of this Act of Incorporation.
Be it further Enacted that all Charges and Expences that shall accrue or may be incurred in Consequence of this Act of Incorporation shall be borne and defrayed by Taxes on the Polls of the Inhabitants of said City and the rateable Estate contained within said Limits, except such and so much of the Live Stock belonging to any of the Inhabitants of said City as shall be raised and supported from their Lands lying out of the Limits of said City.
Provided nevertheless that if this Act or any of the Provisions in this Act contained shall be found inconvenient or in any respect inade- quate the same may be altered or revoked on Representation of the City or otherwise by the General Assembly.
Provided nevertheless that the Judges of said City Court may and they are hereby Authorized to hear Try and finally determine all Causes brought before the City Court by a Jury of six Freemen or without a Jury, where neither of the Parties desire to have a Cause decided by a Jury or by more than six Jurors. And this Act shall to all Intents and purposes be a Public Act.
An Act for incorporating a part of the Town of Midletown.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same That all the Inhabitants being Freemen of this State and dwelling in said Midletown, within the following Limits viz beginning at the Mouth of the little River or Ferry River, thence in a Northeast Line to the East Side of Connecticut River at High Water Mark, thence on the Bank of said Connecticut River at Highwater Mark untill it comes to a Point due East from Sumners Creek, thence in a West Line to the Mouth of Sumners Creek, thence Southerly and Westerly as the said Creek runs to Warwicks Bridge; thence West to the little River, including the dwelling House of Return Jonathan Meigs, thence Northerly and East- erly down the little River as the same runs to the first Boundary, includ- ing the Waters of the said Little River Sumners Creek and Connecticut River within the preceding Limits, be and the same are hereby ordained Constituted and declared to be from Time to Time and forever here- after One Body Corporate and Politic in Fact and in Name by the Name of the Mayor Aldermen Common Council and Freemen of the City of Midletown and that by that Name they and their Successors 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 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
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by Law are Qualified to be freemen of this State that have not taken the Oath Provided by Law to be taken by Freemen-
Be it Enacted that all Persons living within said Limits who shall before the second Monday of July next procure the Major Part of the Select Men of the sd Town of Midletown to Certify that they are Qualifyed 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 the Peace within and for the County of Hartford the Oath provided by Law for Freemen, shall to all the Purposes in this Act men- tioned be considered as Freemen of this State and Freemen of the said City of Middletown.
And for the better Government of said City, Be it further Enacted, That there shall be a Meeting of said City holden annually in January at such Time and Place as 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 January 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 other Officers of said City eligible by the Freemen thereof (the Inspectors of Produce excepted) shall be Chosen by Ballot, and on each Ballot which is given in shall be written the Name of the Person for whom the same is given, and such Ballot shall be rolled up 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 pur- pose which Box shall be a Close Box with a Hole of a convenient Size in the Lid thereof, through which to put in the Ballotts and when the Freemen present at any City Meeting shall have had a reasonable Time to give in their Ballot, either of the Sheriffs of said City or in the absence of both the Sheriffs, the Junior Alderman present, in the Presence of the Mayor and Aldermen or such of them as are present at such Meeting shall open the said Box, And the Mayor and Alder- men or such of them as are present shall open sort and Count the Bal- lots and the Person who shall have a 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 purposes as the said City shall think proper, and to Choose a Collector or Collectors to Collect such Tax who shall having received a Warrant for that purpose Signed by the Mayor or 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
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