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All commiffi ons, &c. in the marine,

department, to be figned by the go

vernor, &c.

State for the Time being, shall be the Super-Intendant of Marine; and all Commissions, Letters of Marque and Reprisal, Passports, Letters of SafeConduct, Flags of Truce, Registers, and all other Papers and Documents whatsoever, relative to the Marine Department, that may issue out under the Authority, and agreeable to the Laws of this State, shall be in his Name, in the Stile of Governor, and Super-Intendant of Marine for the State of Conneticut. And all Judges of Admiralty in this State, shall be commiffiJudges of adoned by the Governor, being first nominated, and appointed by the Gene miralty how ral Affembly; and all Naval-Officers shall be nominated, appointed and appointed, commissioned by the Governor for the Time being, in such Districts and &c. at such Ports as shall from Time to Time be ordered and directed by Act of Affembly.

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Provided nevertheless, That faid Naval-Officers, or any, or either of them, Provifo. may at any Time be removed from their Offices by the General Affembly at their Will and Pleasure. And the Governor, may likewife nominate, appoint and commissionate one or more Notary Publics in this State, as the commercial Interests thereof may render it necessary or convenient. And

be it

further enacted by the Authority aforesaid, That there shall be kept at each of the Ports of New-London, New-Haven, Middletown, and Norwalk respectively, one Naval-Officer who shall be nominated and deputed to faid Office as aforesaid; and each Officer so appointed, before he enters upon faid Business, shall become bound with fufficient Sureties in a Recognizance of one thousand Pounds to the Treasurer of this State for the faithful Discharge of the Duties of faid Office; to enter and clear out Vessels and their Cargoes, and to do and act therein in such Way and Manner, and according to fuch Rules and Orders as to fuch, their refpective Offices, do or shall appertain; and for the faithful and punctual pay ment of all fuch Sum or Sums of Money into the Public Treasury, that he may receive for any Duty or Impost laid, or which shall be laid by Act

of this State.

Ports named

where naval offices are to be kept...

Provided nevertheless, That if any Naval-Officer shall fail in punctual paying up all the Duties by him collected, or shall be guilty of any Mis- Provifo. feazance or Negligence in Office, upon Complaint and Proof thereof, made to his Excellency the Governor, it shall be the Duty of the Governor, (ex officio) immediately to dismiss said Officer from his Office, and to appoint another in his Room and Stead

up

And be it further enacted by the Authority aforesaid, That the Naval-Ofcers shall have and receive the several Fees and Allowances as fet and af fixed in the Table of Fees: And it shall be the Duty of faid Naval-Officers Table of fees respectively, to affix up in their Offices in fome public Place, where it may, to be fixed up be seen and read, a true Copy of the Table of Fees. And if any Officer aforesaid shall prefume to afk, demand, or receive any more Fees for any Services by them officially done, than is by Law allowed, such Officer fo tranfgreffing, upon Complaint and Proof made thereof to his Excellency the Governor, he shall be removed from faid Office, and another put in his Room and Stead.

And be it further enacted by the Authority aforesaid, That all Vessels of the Veffels to Burthen of fifteen Tons and upwards, shall each take out a Regifter, wherein take out a res fhall be described the Name of the Veffel, her Description, Tonage, the Place gifter. where built, and the Time when, Master's Name, with the Names of the Owners, which Owners must be Inhabitants of the United States, and no Foreigner to be directly or indirectly concerned therein: The Form of which Register shall be as follows, viz.)

STATE OF CONNECTICUT.

Port of

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:

maketh Oath, That the

called the

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whereof is at present
Matters

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Forin.

Master, being a square-sterned Vessel of the Burthen of
abouts, was

Tons or there

Vessels under

15 tons, may take permit.

To make true entry, and take out clearance, &c.

Liable to condemnation for neglect.

Description

of the perfons

that are incorporated.

at present Owner thereof; and that no Foreigner, directly or indirectly, hath any Share, or Part, or Interest therein.

PORT OF

The Oath aforesaid was administred at the Naval-Office for the Port of
the
Day of Anno Domini, One thousand seven hundred
; and in the
Year of our Independence;

and eighty

By me

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And every Vessel under the Dirnensions aforesaid, instead of a Register, shall and may take out a Permit from the Custom-House, figned by the Naval-Officer of the Port in whose District faid Vessel belongs, which shall be fufficient for the Purpose of enabling the Master or Owner thereof to clear out Coast wife.

And all Veffels in this State shall make true Entries, and take out proper Clearances at the respective Ports of Entry, and Clearance proper for that Purpose, and observe and obey all fuch Customs, Rules, Laws and Regulations as have or shall be made relative thereto. And whatever Vessel shall neglect or refuse to take out and furnish themselves with the proper Papers aforefaid; upon Seizure and Information made to the Court proper to try the fame, shall be liable to Condemnation; one Half to the Profecutor who shall profecute the same to effect, and the other Half to the Ufe of the public Treafury of this State.

An Act for incorporating a Part of the Town of New-
Haven.

:

BE it enalled by the Governor, Council, and Representatives, in General Court assembled, and by the Authority of the fame, That all Freemen of this State, Inhabitants of faid New-Haven, dwelling and inhabiting within the following Bounds, viz. Beginning at the North-East Corner of the LongBridge (fo called) in faid New-Haven, and running on the North-Side of faid Bridge and the Highway, so as to take in faid Bridge and Highway to the North-East Corner of the Neck-Bridge; then a-cross the fame on the

Bounds of the North-Side of the fame to the North West Corner of faid Bridge; then City. in a direct Line Westward to the Bridge a-cross the West-River, commonly called Thompson's-Bridge, to the North-East Corner of faid Bridge; thence down the faid West-River, on the East Bank thereof, to the Mouth of said River; and from therice a straight Line to the extreme Point of the Land commonly called Five-Mile Point, on the East-Side of New-Haven Harbour at High Water Mark on faid Point; thence Northward on the Shore, on the Line of High Water Mark, up to the Point, where the Waters of the Little-River and the greater Waters, being Part of the EaftRiver, fall into each other; thence across the Mouth of faid Little- River to the East-Shore of the East-River; then up faid Eaft-River on the Line Name of the of High-Water Mark to the first mentioned Point at the North-Eaft Corcorporation. her of the Long-Bridge; be, and the fame are hereby Ordained, Constitu ted, 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 NEW-HAVEN; and that by that Name, they and their Successors for ever, shall and may have perpetual Succeffion; and shall be Persons in Law, capable of Suing and being Sued, Pleading and being Impleaded in all Suits of what Nature foever; and alfo to purchafe, hold, and convey any

Capable of

fuing, &c.

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New Haven City.

any Estate, real or personal, and may have a common Seal, and may change and alter the fame at Pleasure; and shall be Freemen of faid City.

And whereas there are many Perfons 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.

165

Who are

freemen of the city.

the city, procuring a cer

Be it enalted, That all fuch Perfons, living within faid Limits, who shall, before the second Monday of February next, procure the major Part of the Persons livSelect-men of the faid Town of New-Haven, to certify that they are qualified ing within.. to be admitted and made free of this State, and shall after procuring such Certificate, take before fome Affistant of this State, or Justice of Peace within and for the County of New-Haven, the Oaths 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 faid City of New-Haven.

And for the better Government of faid City:
further Enacted, That there shall be

Be it

a

Meeting of faid City holden

annually in June, at such Time and Place as by the Bye-Laws of faid City shall be directed, for the Purpose of chusing all the annual Officers of faid City; and the annual Officers of faid City chofen at such Meeting, shall continue in Office until the Expiration of the Month of June then next, unless others shall be sooner chosen and qualified in their Stead.

And the faid City in legal Meeting affembled, fhall choose a Mayor, who shall hold his Office during the Pleasure of the General Affembly; and at their annual Meeting shall chuse four Aldermen, and a Common Council of not more than Twenty, and two Sheriffs out of the Freemen of faid City; all which Officers, and all other Officers of faid 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 Perfon for whom the same is given; and such Ballot shall be rolled up, and in the Prefence of the Mayor and Aldermen of faid City, or fuch of chem as are present at such Meeting, pur, by the Perfon giving the fame, into a Box, which faid 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 Sheriffs of faid City, or in the Abfence of both the Sheriffs, the junior Alderman prefent, in the Prefence of the Mayor and Aldermen, or fuch of them as are present at fuch Meeting, shall open the faid Box and the Mayor and Aldermen or such of them as are present, shall open, fort and count the Ballots; and the Perfon who shall have the Majority of the Ballots given in, shalt by the Sheriffs, or in their Abfence, by the junior Alderman present, be declared to be elected: And no Ballots shall be received after the Box shall have been opened.

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And faid City in legal Meeting affembled, shall have Power to levy Taxes on the Polls and Estate within the Limits of faid City, for fuch Purposes as faid City shall think proper; and to chufe a Collector or Col. lectors, to collect fuch Tax who shall, having received a Warrant for that Purpose, signed by the Mayor, or by one of the Aldermen of faid City, have the fame Power as Collectors of Town Taxes by Law have; and shall be accountable to the Mayor and Aldermen of faid City, in the fame Manner as Collectors of Town Taxes are by Law accountable to the Select-men. And in Cafe any Collector shall not perform the Trust committed to him, but shall fail of collecting fuch Rate according to the Terms of the Warrant committed to him, on Complaint thereof made by the Aldermen of faid City to the Mayor thereof, he fhall iffue a Warrant under his Hand, directed to either of the Sheriffs of faid City, to destrain the Sums or Rates neglected by such Collector to be collected, or paid, out of the Estate of the Collector.

And

tificate, &c. to be freemen

of the state and city.

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City to an

fwer in case of inability, &c.

Sheriffs to

give bond,

&c.

On failure, a new one to be

chofen.

To chuse a

:

treafurer.

A city court

to be held

monthly.

Power to ad

journ.

Jurisdiction.

To have the

fame powers,

&c. as county

courts, & ex

ecutions fer

ved, &c. as

those from the

county court.

Appeals

to be allowed.

The prevail.

ing party if,

&c. may take

out executi

on, &c. Provided

Bond be gi

veň.

ر

No appeal to

be allowed on

a fuit on fuch

bond.

tiff lives without the..

city, no appeal allowed the defendant

New-Haven City.

And be it further enacted by the Authority aforesaid, That the Sheriffs of faid City shall severally within the Limits of faid City, have the same Powers and Authorities, and be liable to the fame Suits or Penalties for neglect of Duty in any Cafe whatever, to all Intents and Purposes, as Sheriffs by Law now have and are; and the said City shall be liable to answer in cafe of the Inability of said Sheriffs, or either of them, for the Default of faid Sheriffs, in all Cases relative to their Office.

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And faid Sheriffs shall severally give Bond with Sureties, in such Manner as by the Bye-Laws of faid City shall be directed, for a faithful Discharge of the Duties of that Office, before they shall be capable of executing the fame. 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 may proceed to chuse another Sheriff in his Room.

And the said City in legal Meeting assembled, shall chuse a Treasurer for faid City, to continue in Office during the Pleasure of faid City, who shall have the fame Powers within said City as Town-Treasurers now by Law have, and shall be accountable to faid 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 cognizance 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 arife within the Limits of faid City, and one or both the Parties live within said City; and the faid City Court 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 Court shall be served, and returned in the same Manner as the Execu tions granted by the said County Courts, and Appeals shall be allowed to either Party, from the Judgment or Determination of faid City Court, to the next Superior Court to be holden in the County of New-Haven, in all Causes in which an Appeal is now or hereafter by Law shall be allowed from thesaidCounty Courts, the prevailing Party however, if Plaintiff, may, fuch 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 faid City, or one of the Judges of faid City Court, in a Recognizance (which Recognizance the Mayor of faid City and the Judges of faid City Court are respectively impowered to take) in double the Sum of faid Judgment, that he will, within one Week after final Judgment on the Appeal, refund fo much of the Judg ment of the faid 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 on faid Execution; and no Appeal shall be allowed on any Suit commenced on such Recognizance.

And in every Action brought before saidCity Court, in which the Plaintiff If the plain- lives without the Limits of faid City, or is a Mariner or Seaman fuing for Wages due to him for Services in his Occupation, and the Defendant lives within the Limits of faid City, no Appeal shall be allowed the Defendant, unless the Matter in Demand exceed the Sum of Fifty Pounds lawful Money: but if the Matter in Demand exceed said Sum, an Appeal fhalt be allowed the Defendant in the fame Manner and under the fame Regulations as Appeals are allowable in other Causes cognizable by faid City Court. And no Writ of Error brought upon any Judgment of faid City Court shall be a Superfedeas.

within, unlefs, &c.

:

And

1

:

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City courts to appoint and

swear a clerk.

And faid City Court shall have full Power to appoint and swear a Clerk for faid Court, to continue in Office during the Pleasure of faid Court, which Clerk hall, as to all Matters relative to his Office as Clerk of faid Court, have the fame 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 His powers taken by the said Clerk, shall be the same, mutatis mutandis, provided by Law to be taken by the Clerks of the said County Courts of this State.

And the Mayor of faid City, or in his Absence the senior assistant Judge of faid City Court, may at the special Instance of, and Cost of any Person moving therefor, hold a special City Court, at such Time and Place within faid City, as the Mayor or Judge ordering the same shall appoint; which Court shall proceed in the same Manner, have the fame Powers and Authorities, and in all Respects be under the fame Regulations as the stated City Courts of faid City; and all the taxable Fees of faid City Court, shall be the fame as the taxable Fees of the County Courts of this State.

And be it further Enacted, That the Mayor of faid City for the Time being, and the two Aldermen first chosen at the annual Meeting of faid City, or at their first Meeting, shall compose the faid City Court, and be the Judges thereof; and the Mayor shall be the chief Judge of faid Court, and the said two Aldermen shall be the affittant Judges of faid Court, any two of whom, in the Absence of the other, taking to their Affistance the senior Alderman present that is not a Judge of faid Court, or if neither of the Aldermen that are not Judges of faid Court can attend, one of the Justices of the Peace within and for the County of New-Haven, resident within faid 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 faid City, and in case one on both of them cannot attend, he shall take one or two of the Justices of the Peace, as the cafe may require, of the County of New-Haven, resident within the faid City, and they three shall have the fame Power to hold a City Court, as the Judges of faid City Court have.

And be it further Enacted, That the Mayor and Aldermen of faid City, shall severally, within the limits of said City, have cognizance of all civil Caufes by Law cognizable by a Justice of the Peace, provided the cause of Action arise within the limits of faid City, and one or both the Parties live within the fame: 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 Determitiation of faid Mayor and Aldermen, in any cause by them cognizable severally, to the next City Court to be holden within said City, in all Cautes 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 Plaintiff, may, fuch Appeal notwithstanding, take out Execution on such Judgment, provided he gives Bond before the Mayor of faid City, or one of the Judges of faid Court, in the fame Manner as is provided in cafes of Appeal from faid City Court.

And in every Action brought before the Mayor or either of the Aldermen of faid City, in which the Plaintiff lives without the limits of faid City, or in which the Plaintiff is a Mariner or Seaman fuing for Wages due to him for Services in his Occupation, and the Defendant lives within the limits of faid City, no Appeal shall be allowed the Defendant.

And the taxable Fees in all Caufes cognizable by the Mayor, or by one of the Aldermen of faid City feverally, thall be the fame as the taxable Fees in like Cafes, before Justices of the Peace: And the Processes in all Actions brought to faid City Court, shall be the fame as the Processes to the County Courts in this State; and the Processes in all Actions brought before the Mayor

The mayor,

or in his ab

fence the fea judge may call a special court..

nior assistant

Fees.

Mayor & two aldermen first chofen to be the judges. who to be judges in cafe of ab fence, &c.

If but one

:

judge present to take, &c.

Mayor and aldermen to have cognizance of civil causes in the city.

Same power as justices. Appeal allowed to the next city court.

Where the

plaintiff lives without, or is mariner, &e no appeal.

Taxablefees; &c.

Processes the

fame as to the

county court

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