USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 40
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356
PUBLIC RECORDS
May,
of said City in the same manner as the Collectors of Town Taxes are by Law accountable 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 Complaint thereof made by the Aldermen of said City to the Mayor thereof he shall Issue his 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 Sher- iffs of said City shall severally within the Limits of said City have the same Powers and Authorities and be liable to the same Suits and Penal- ties 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 Sureties in such Manner as by the Bye Laws of said City shall be directed for a faithfull dis- charge of the Duties of that Office, before they shall be capable of executing the same, and in Case either of the Persons Chosen Sheriffs shall not give Bond with Sureties according to the Bye Laws of said City the said City may proceed to Choose another Sheriff in his room; And the said City in legal Meeting Assembled shall Choose a Treasurer for said City to continue in Office during the Pleasure of said City, which Treasurer shall have the same Powers and Authorities 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 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 have Cog- nizance of all Civil Causes wherein 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 of the Parties live within the Limits of said City And said City Courts shall as to the Causes by them Cognizable to all Intents and Purposes have the same 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 said City Courts shall be served and returned in the Same manner as the Executions granted by said County Courts, And an Appeal shall be allowed to either Party from the Judgment or determination of said City Courts to the next Superior Court to be holden in the County of Hartford 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 an Appeal notwithstanding take out Execution on such Judgment for the Debt or Damages and Cost recov- ered in such City Court against the Defendant or Defendants, and Levy the said Execution and Collect the Money thereon Provided he does
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OF CONNECTICUT
1784.
previous to his taking out said Execution become bound with two suf- ficient Sureties, before the Mayor of said City or one of the Judges of of [sic] said Court in a Recognizance (which Recognizance the Mayor of said City and the Judges of said City Court are respectively impow- ered 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 said City Court together with the Interest 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 Defendant or Defendants 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 Plantiff 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 Defendant lives within the Limits of said City, no Appeal shall be allowed the Defendant 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 Defendant in the same manner and under the Same Regulations as appeals are allowable in other Cases Cognizable by said City Court and no Writ of Error brought upon any Judgment of said City Court or of the said Mayor or either of said Aldermen, shall be a supersedeas, 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 continue in Office during the Pleasure of said Court, who shall as to 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 as the Oath Provided by Law to be taken by the Clerks of the County Courts in this State And the Mayor of said City or in his absence the Seignior Assistant Judge of said City Court may at the special Instance and Cost of any Person moving therefore 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 Authorities 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 City 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
358
PUBLIC RECORDS
May,
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 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 Hartford 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 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 Alder- men shall as to the Causes by them severally Cognizable, have the same Powers and Authorities and proceed in the Same manner as Jus- tices of the Peace now have or hereafter may 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 Cases 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 give Bonds 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 Pltf is a Mariner or Seaman 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 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 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 Lieutenant Governor or one of the Assist- ants of this State or by a Justice of the Peace within and for the County of Hartford, 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;
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OF CONNECTICUT
1784.
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.
And be it further Enacted by the Authority aforesaid That the said Mayor Aldermen and Common Council shall on the first Monday of February annually Meet, and shall then Choose thirty six Freemen of said City or such greater number, not exceeding seventy two of said Freemen as the said Mayor Aldermen and Common Council shall then Judge necessary 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 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 said 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 writ- ten 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 such 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 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 be reason of Death Removal or other Cause be a Sufficiency in the other Box to complete 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 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
360
PUBLIC RECORDS
May,
exchange Highways for Highways or to Sell Highways for the Purpose of purchasing other Highways, taking the same Measures on all respects as are directed by the Laws of this State, to be taken in Case of High- ways 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 Applications 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 shall for such Default be brought against him to the said City Court by the Person his Executors or Administra- tors in whose favour the Writ Issued, and the Defendant 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 accord- ing 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 Defendant 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 sitting of the Court to which the Writ is returnable, but if the Defendant 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 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 Sueing for Wages due to him for Services in his Occupation, and the Defendant lives within the Limits of said City be Served upon the Defendant at least three Days before the sitting of the Court to which it is returnable, but if the Defendant live without the Limits of said City the Writ shall be Served upon the Defendant 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 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 Middletown do swear by the Name of the everliving God that You will without any Par- tiality 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.
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OF CONNECTICUT
1784.
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 Council Men of said City shall be as follows viz
You being elected a Common Council Man for the City of Middle- town do swear by the Name of the everliving God that You will faith- fully 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 Clerks of said City shall be as follows viz-
You being Chosen Clerk of the City of Midletown, 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 Proceedings 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 only Your lawfull fees So help You God.
Which Oath 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 administred 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 Council of said City shall be the Members, who or the Majority of them shall have Powers to make Bye Laws relative to 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 Court and neglecting or refusing to Serve; relative to the Streets and High- ways of said City; relative to Nuisances 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 Trespasses committed in Gardens; relative to Walks and Buildings Public or Private, relative to the Sweeping of Chimneys and preserving said City from Fire, relative to the 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 and Place at which they shall be holden, relative to the Qualifications in Point of
362
PUBLIC RECORDS
May,
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 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 & Lamps of said City, relative to the 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 Per- sons 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 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 News Paper 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 Hartford of by such Superior Court on a hearing adjudged to be unreasonable or unjust. And all Grants and Leases of any real Estate belonging to said Cty 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 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 exporta- tion. 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 con- tinue in Office untill the expiration of the Month of January 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 Com- mon 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 Town House in said
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OF CONNECTICUT
1784.
Middletown on the second Tuesday of July next at nine of the Clock in the forenoon for the Choice of a Mayor Aldermen Common Council and Sherriff 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 said Town of Middletown at least three Days before said second Tuesday of said July, 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 January 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 Record thus made by him in such Case shall be good and effectual any Thing in this Act to the contrary notwith- standing & such Record may be made by Clerks hereafter Chosen of their being chosen & sworn and shall be good and effectual, any Thing in this Act to the contrary notwithstanding; And said City shall there- upon 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 said first Meeting shall have as to the Election of the Mayor Aldermen Sheriffs Common Council Men and Clerk of 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 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 first Tuesday of August next at the Town House in said City, And the City Courts of said City may be holden in said Town House from Time to Time or in such other Place in said City as said City shall proved & Judge proper. And the Mayor Aldermen and Common Council of said City shall on the third Tuesday of July next at three of the Clock in the Afternoon hold a Meeting at the Town House in said Midletown and shall then and there Chuse thirty six Freemen of said City to Serve as Jurors untill after the first Monday of February 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
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