USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 41
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Always Provided that any Thing in this Act notwithstanding the
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PUBLIC RECORDS
May,
Inhabitants living within the Limits of said City shall to all intents and purposes be and remain a Part of the said Town of Middletown.
Provided nevertheless That if this Act or any of the Provisions therein contained shall be found inconvenient or in any Respect inade- quate, the same on Representation of the City or otherwise may be altered or revoked by the General Assembly
Provided nevertheless and it is hereby Enacted 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, when 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 Norwich.
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 Norwich dwelling and Inhabit- ing within the following Bounds, viz Beginning at the Mouth of Trading Cove Brook at the Bounds between the Towns of New London and Norwich, and thence running up said Brook to the Bridge on New London Road called trading Cove Bridge, thence a Streight Line to the West Side of the Mills at the Iron Works belonging to Elijah Bachus Esq"; thence an Easterly Line to the North Side of the dwelling House of Capt John Hughes thence a Streight Line to Roaths Landing so called on the South Side Shetucket River thence by Shatucket River and the River Thames, at Highwater Mark to the Mouth of Pouquatannoc Cove, thence NorthwestWardly across said River to the Line between the Towns of Norwich and New London thence by said New London Line to the first mentioned Bounds 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, Aldermen, Common Council and Freemen of the City of Nor- wich, and that by that Name they and their Successors forever shall and may have perpetual Succession, and shall be Persons in Law capable of Sueing 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 that 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 July next procure the Major Part of the Select Men of said Town of Norwich, 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 the Peace within and for the County of New London the
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Oath provided by Law for Freemen, shall to all the Purposes in this Act mentioned be considered as Freemen of this State and Freemen of the said City of Norwich.
And for the better Government of said City, Be it further Enacted That there shall be a Meeting of said City holden annually in July 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 July 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 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 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 a reasonable Time to give in their Ballots, 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 Aldermen or such of them as are present shall open sort and Count the Ballots 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 rateable 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 by one of the Aldermen of said City, have the Same Powers 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 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.
366
PUBLIC RECORDS
May,
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 Pen- alties 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 discharge 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 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 have Cog- nizance of all Civil Causes, where 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 said City, And the 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 Execution 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 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 Cases 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 or Damages and Cost recovered in such City Court against the Defendant 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 Recognizance (which Recognizance the Mayor of said City Court, 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 the 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 Execu-
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tion fees that shall accrue and be paid by the Defendant on said Exe- cution, 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 Causes Cognizable by said City 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 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, 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 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 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 Powers and Authorities and in all Respects be under the same Regu- lations, as the Stated 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 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 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 New London 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.
368
PUBLIC RECORDS
May,
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 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 a Judg- ment of a Justice of the Peace, the Prevailing Party however if Plantiff may such Appeal notwithstanding, take out an Execution on such Judg- ment 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 Seaman Suing for Wages due for Services in his occupa- tion 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 sev- erally shall be the Same as the taxable fees in like Cases before Jus- tices 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, and be Signed by the Governor Lieutenant Governor, 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 Prosecutions 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 August annually meet and shall then Choose a number not exceeding one hundred and forty four Fremen 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
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OF CONNECTICUT
1784.
Absence under the Hand of the Seignior Alderman present at such Meeting to the Clerk of the 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, as many of said Papers as his Warrant directs, 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 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 untill the Panel 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 pur- pose, 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 Panels 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 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
370
PUBLIC RECORDS
May,
return thereof, and a Suit shall for such Default be brought against hin to the said City Court by the Person his Executor or Administrator in whose favour said 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 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 Defendant who is sued to the City Court living within the Limits of said City, the Writ shall be served upon him at least six Days before the Day of the Setting 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 lives without and the Defendant 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 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 lives 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 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 Norwich do swear by the Name of the everliving God that You will without any partiality indif- ferently 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 Council Men of said City shall be as follows viz-
You being elected a Common Council Man for the City of Norwich 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 other 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 Norwich do swear by the
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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 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 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 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 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 the 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 Courts and neglecting to attend or refus- ing to Serve; relative to the Streets and Highways of said City relative to Nuisances within said City Limits relative to the Wharves Channels 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 committed in Gardens, relative to Walks and Buildings Public or Private, relative to the sweeping of Chimnies and preserving the 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 Times and Places when and where they shall be holden, relative to the Qualifications in Point of Property of the Mayor and Alder- men relative to the Bonds to be given by the Sheriffs of said City for a faithfull discharge of thier Duty, relative to the Penalties to be incurred by those who being Chosen to any City Office shall not being excused by the 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
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