: 168 By whom figned, and ferved. Bonds for profecution, c. : L... 1 Mayor or one of the Aldermen of faid City, shall be the fame as the Processes in Actions brought before a Justice of the Peace, and be figned by the Governor, Lieutenant-Governor or one of the Affistants of this State, or by a Justice of the Peace, within and for the County of New-Haven, or by the Mayor or one of the Aldermen of faid City, or the Clerk of faid City Court, vand shall be ferved by a Sheriff, Deputy-Sheriff, or Constable, to whom directed, according to the Laws of this State, and the Provifions of this Act. And all Bonds for Profecution taken by any of said Officers hereby impowered to sign Writs, shall be good and effectual in Law. And Bonds for Profecution, special Bail, and Bonds for Appeal, shall be taken to the adverse Party: Provided nevertheless, That no Writs, (Executions excepted) or Process, figned by the Mayor, or either of the Aldermen, shall be of any except, &c. Effect without the Limits of faid City. Jurymen how Sand when chofen. Names of the jutors to be returned to, &c. Clerk to write the ju rors names on, &c. Jurors how drawn. : And be it further enacted by the Authority aforesaid, That the faid Mayor, Aldermen and Common Council, shall on the first Monday of July annually meet, and shall then chuse One Hundred and Forty-four Freemen of faid City, to serve as Jurors at faid City Court, and shall return the Names of faid Jurors, under the Hand of the Mayor of faid City, if present, or in cafe of his Abfence, under the Hand of the fenior Alderman present at fuch Meeting, to the Clerk of faid City Court, who shall write each Juror's Name thus chofen, fairly on a separate Piece of Paper, and roll up and put the fame into a Box, which he shall provide and keep for that Purpose; and whenever either of the Sheriffs of faid City shall receive a Warrant from the Clerk of the City Court, to fummon a Jury to appear before faid Court, the Sheriff receiving fuch Warrant, taking with him one of the Aldermen of faid City, shall repair to the said Clerk's Office, and there, in the Prefence of faid Alderman and Clerk, shall take out of faid Box twelve of faid Papers, and the Persons whose Names shall be found written therein, shall be fummoned to appear before the Court, to which the Warrant is returnable, to serve as Jurors, and in cafe of neglecting to attend, shall be liable to tuch Penalties as shall by the Bye-Laws of faid City be inflicted for such Neglect, and in case a compleat Pannel shall not attend, or in cafe any shall be challenged or excused, the Sheriff attending faid Court shall fupply such Deficiency, by drawing in the Presence of the Court, others out of faid Box, and fummoning them to attend and ferve, until the Pannel shall be complete; and the Names of fuch 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 faid Jurors, shall be the fame 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 feparate Piece of Paper, and shall be rolled up and put into another Box, which the Clerk of faid Court shall provide for that Purpose, and shall be liable to be drawn again, in Case there shall not, by Reafon of Death, Removal, or drawn again. other Cause, be a Sufficiency in the other Box, to complete the Pannels for that Year, in which they are chosen to serve. Jurors neg lecting to attend. If not a com plete pannel, othersdrawn, &c. Jurors not attending, &c. Jurors oath to be, &c. : The name of each juror at tending, &c. Liable to be The city to chuse a clerk. The mayor, &c. to lay out highways, Actor alter those already laid out, &c. ... And the faid City may choose a Clerk of faid City, who shall make true and regular Entries of all the Votes and Proceedings of faid City, and the Records by him kept shall be of the fame 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 faid Mayor, Aldermen, and Common Council be, and they are hereby impowered to lay out new Highways, Streets and public Walks for the Ufe of faid City, or to alter those already laid out in faid City, and to exchange Highways for Highways, or to fell 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 cafe of Highways laid out by the Selectmen for the Ufe of their Towns, and the Party aggrieved by the laying out of fuch Streets or Highways, New-Haven City. Highways, may have the fame Remedy by Application to the County Court, as is by Law provided in cases of Highways laid out by Select-men. And faid City shall have Power to exchange that Part of the Green in said New-Haven, lying north-westerly of the public Buildings, for other Land for Highways, or another Green, and to fell and dispose thereof for the fame Purpose; and that Part of faid Green lying on the south-easterly Side of said public Buildings, shall forever be and remain a common or public Walk, and never be liable to be laid out in Highways, or appropriated to any other Purpose. 169 Power to exe change or fell W. part of the, green, S. E fide to remaint a public walk City court may fine she riffs, &c. Finës to be paid to the -And be it enafted by the Authority aforesaid, That in cafe any Sheriff, Deputys Sheriff or Conftable, shall not ferve a Writ directed to, and received by him, that is returnable to faid City Court, or shall neglect to make Return of faid Writ, or shall make false or undue Return thereof, and a Suit shall for fuch Default, be brought against him to the faid City Court by the Perfon or his Executor or Administrator, in whose Favour faid Writ issued, and the city treaturer Defendant be found in Default; the said Court, over and above awarding just Damages to the Plaintiff, may, on faid Suit, set a fuitable Fine upon the Defendant, according to the Nature of the Cafe, and may issue Execution for fuch Fine; which Fine shall be to the Treasurer of faid City, to and for the Ufe of faid City. ( And in all Cafes wherein the Defendant who is sued to the said City Court, lives within the limits of faid City, the Writ shall be served upon him at least six Days before the Day of the fitting of the Court to which the Writ is returnable; but if the Defendant lives without the limits of faid City, the Writ shall be served at least twelve Days before the fitting of faid Court; and all Writs returnable to said City Court, shall be returned to the Clerk of faid Court on the Day of the fitting of faid Court, and before the first opening of faid Court. And the Writs that are returnable before the Mayor or either of the Aldermen, shall, if the Plaintiff and Defendant both live within the Limits of, or, if the Plaintiff lives without and the Defendant lives within the Limits of said City, or if the Plaintiff be 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, be served upon the Defendant at least three Days before the fitting of the Court to which it is returnable; but if the Defendant lives without the limits of faid City, the Writ shall be served upon the Defendant at least fix Days before the fitting of the Court to which it is returnable. if the defen dant lives in the city, the writ to be ferv'd 6 days before court, &c. if with out 12 days. to be fworn. And be it further Enacted, That the Mayor, Aldermen, Sheriffs, Common Council and Clerk of faid City, shall be fworn to a faithful Discharge of Mayor, &c. their Duty; and the Form of the Oath to be taken by the Mayor of faid City, shall be as follows, viz. by the You being elected Mayor of the City of New Haven, do fwear And the Form of the Oath to be taken by the Aldermen of faid City, shall be the fame mutatis mutandis as is prescribed by Law to be taken by Justices of the Peace. And the Form of the Oath to be taken by the Common Councilmen of faid City, shall be as follows, viz. rou Form of the oath. Aldermen to be sworn. Form of an being elected a Common Council-man for the City of New-Haven for the Year ensuing, Do swear by the Name of the Everliving God, that you oath. will faithfully and uprightly discharge the Duties of that Office, so long as you So help you GOD. And Shall bald the same. Y : 170 Sheriffs to New-Haven City. And the Form of the Oath to be taken by the Sheriffs of faid City, shall take an oath. be the fame prescribed by Law to be taken by the Sheriffs mutatis mutandis. And the Form of the Oath to be taken by the Clerk of faid City, shall be as follows, viz. You Clerk's oath. By whom administred. Certificate to be given, and recorded. Power to make byelaws. To inflict pecuniary penalties, not exceeding 10l. Penalties to be to, &c. Recovered by, &c. Provifo. being chofen Clerk of the City of New-Haven, Do fwear by the Name of the Everliving GOD, that you will truly and faithfully attend and execute the Place and Office of Clerk of faid City, according to your best Skill, and make true Entries and Records of all the Votes and Proceedings of faid City, and such other Matters as by Law, or the Bye-Laws of faid 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 lawful Fees. So help you GOD. Which Oaths may be adminiftred by any Assistant of this State, or Juftice of the Peace within and for the County of New - Haven, or by the Mayor, or either of the Aldermen of faid City; provided the Mayor or Alderman adminiftring such Oath hath been fworn according to this Act. And the Perfon administring the Oath prescribed by this Act, shall give a Certificate thereof under his Hand, to the Officer to whom he administers fuch Oath, which Certificate shall be recorded in the Records of laid City, before the Person to whom it is given shall be capable of executing the Office to which he is chofen. And be it further Enacted, That there shall be a Court of Common Council of faid City, of which the Mayor, Aldermen, and Common Council of faid City shall be Members, who, or the major Part of them, shall have Power to make Bye-Laws, relative to Markets and Commerce within the limits of faid City; relative to Persons fummoned to serve as Jurors at faid City Court, and neglecting to attend or refusing to serve; relative to the Streets and Highways of faid City; relative to Nusances in faid City Limits; relative to their Wharves, anchoring and mooring of Vessels; relative to Trees planted for Shade, Ornament, Convenience, or Ufe, public or private, and to the Fruit of fuch Trees; relative to Trefpaffes committed in Gardens; relative to public Walks, and Buildings public or private; to the sweeping of Chimnies, and preventing faid City from Fire; relative to Forms of Oaths to be taken by the Treasurer of faid City, and Inspectors of Produce brought to faid City for Sale or Exportation; relative to the Manner of warning Meetings of faid City and the Court of Common Council, and the Time when and Place where they shall be holden; relative to the Qualifications in Point of Property of the Mayor and Aldermen; relative to the Bonds to be given by the Sheriffs of faid City for a faith. ful Difcharge of their Duty; relative to the Penalties to be incurred by thofe, who, being chosen to any City Office, (and not being excused by the Ciry) shall refuse to ferve; relative to a City Watch; relative to the bu rial of the Dead; relative to the public Lights and Lamps of faid City; relative to restraining Geese and Swine from going at large within the Limits of faid City; and relative to the Mode of Taxation as to Taxes levied by laid City; and to inflict Penalties for the Breach of such Bye-Laws: Provided however, that such Penalties shall in no Cafe exceed Ten Pounds lawful Money; and faid Penalties shall be to fuch Persons as the ByeLaws of faid City shall direct, and be recoverable by the Persons to whom No appeal. forfeited, by Action of Debt brought to the City Court of faid City, in which Action no Appeal or Review shall be allowed: Provided however, that no Bye-Laws of faid City shall be made repugnant to the Laws of this State. And the catching of Fish and Oysters within the Limits of faid City, shall not be liable to be regulated, or in any way affected by the ByeLaws of faid City. Catching of fit, &c. And provided alfo, That all the Bye-Laws made by faid Court of Com mon mon Council, shall be approved by said City in legal Meeting afsembled, Bye-laws to and after being so approved, shall be published at least three Weeks fuc- be published. ceffively in some public News-paper, in or near faid City, before the fame shall be of any Validity. And all the Bye-Laws of faid City, shall at any Time within fix Months after they are made, be liable to be repealed by any Superior Court holden in faid County of New-Haven, if by fuch Superior Court, on a Hearing, judged to be unreasonable or unjust. And all Grants and Leafes of any real Estate belonging to faid City, figned by the Mayor of faid City, and fealed with the City Seal, and approved by faid City in legal Meeting affembled, shall be good and effectual in Law, to convey the Estate intended to be conveyed by fuch Grant or Leafe; provided the fame is recorded in the Records of the Town where the Land leated or granted lies. And faid City shall have Power to appoint Inspectors of every Kind of Produce of the United States, brought to faid City for Sale or Exportation. And the vote or choice of the major Part of the Freemen present at any legal Meeting of faid City, shall be confidered in all Cafes, as the vote or choice of faid City. And whenever the Mayor of faid City, or any other Officers of faid City, eligible by the Freemen thereof shall resign, or be removed by Death, or otherwise, another Person shall be chosen in his Place by said City; and (if an annual Officer) shall continue in Office till the Expiration of the Month of June next following, unless another shall be fooner chofen and fworn in his Stead. And the Mayor of faid City, or in his Absence, the senior Alderman present at any Meeting of faid City, or at any Court of Common-Council, Thall, ex Officio, be Moderator thereof. And the Meetings of faid City may, from Time to Time, by a major Vote of the Freemen present, be adjourned, T Liable to be repealed, by, If, &c. Grants & lea fes figned by the mayor, &c Inspectors Vote of the major part of the freemen of produce. valid. In case of death, &c.of any officer, Mayor, or &c to be moderator of the city meeting, which may be adjourned. And be it further enalted by the Authority aforesaid, That the first Meeting of faid City shall be holden at the State-House in said New-Haven, on the tenth Day of February next, at nine o'Clock in the Forenoon, for the choice First meeting of the Mayor, Aldermen, Common Council and Sheriffs of faid City, and to transact fuch 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 Poft in the Town of New-Haven, at least three Days Annual offibefore faid tenth Day of February, fhall be a legal Warning of the Free- cers to contimen of faid City to attend said first Meeting: And the annual Officers nue, &c.until chosen at said Meeting, shall continue in Office until the Expiration of next June, unless others are sooner chofen and qualified in their Stead. &c. And the said City shall, at fuch Meeting, first chuse a Clerk of faid Ci- First meeting ty, who shall be immediately fworn, and shall forthwith make a Record to chufe a of his being chofen and sworn, and the Records thus made by him in such clerk. Case, shall be good and effectual, any Thing in this Act to the contrary notwithstanding. And such Record may be made by the Clerks hereafter chosen, of their being chosen and fworn, and shall be good and effectual; any Thing in this Act to the contrary notwithstanding. And faid then the City shall thereupon proceed to chuse a Mayor, and the other Officers of mayor, &c. faid Cisy eligible by the Freemen thereof. And the Justices of the Peace within and for the County of New-Haven, living and inhabiting within the limits of faid City, and present at such first Meeting, shall have, as to the Election of the Mayor, Aldermen, Sheriffs, Common Councilmen and Clerk of faid City, the fame Powers, and proceed in the fame Manner as the Mayor, Aldermen and Sheriffs of faid City, by this Act are to have and proceed in at the future Elections of faid City, Y 2 And Power of juf tices living within the limits, &c. 172 Provifo. L Yale-College. Proviso. Public act. Description of the perfons that are incorporated. New-London City. And the senior Justice of the Peace, within and for the County of New Haven, living within the Limits of said City, present at faid first Meeting, shall be Moderator thereof, until there shall be a Mayor or Alderman chofen and qualified according to this Act. And faid 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 faid City shall be holden on the second Tuesday of April next, at the State. House in faid City. And the City Courts of faid City may be holden in faid State House from Time to Time, or in fuch other Place in faid City as faid City shall provide and judge proper. And the Mayor, Aldermen, and Common Council of faid City, shall on the fecond Tuesday of March next, at three of the Clock in the Afternoon, hold a Meeting at the State-House, in faid New-Haven; and shall then and there, choose forty-eight Freemen of faid City, to serve as Jurors, until after the first Monday of July next; and the Name of each Person thus chosen, shall be fairly written on a feparate Piece of Paper, and shall be put into the Jury Box, by this Act to be provided by the Clerk of faid 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 faid City, shall to all Istents and Purposes, be, and remain a Part of the Town of New-Haven. And that nothing herein contained, shall be construed to affect any of the corporation Rights of the Corporation of Yale-College. Provided nevertheless, That if any of the Provisions in this Act containe ed, thall be found inconvenient, or in any Respect inadequate, the fame, on Representation of the City or otherwise, may be altered or revoked by the General Assembly. And this Act shall, to all Intents and Purposes, be a public Act. [This Act was passed by the General Assembly a: their Sessions bolden at New An Act for incorporating a Part of the Town of New- BE it enacted by the Governor, Council, and Representatives, in General Court Bounds of the running south six Degrees East to the main Branch of Alwife-brook, or city. Lester's Gut, so called; from thence running with faid Brook or Gut, and on the West Side thereof at high-water Mark, to the Sound to a large clump of Rocks at the western point of faid Gut or Brook, called the Great-shorerock; and from thence across the Harbour to the South End of the division Line betwixt the Towns of New-London and Groton; and thence northerly by faid Division Line as said Line runs, until it comes to a Point due East from the Bounds first above-mentioned, and thence running due Weft across the River of Thames, to faid Bound, be and the same are hereby Ordained, Constituted, and Declared to be from Time to Time, and forever hereafter, Name of the one Body Corporate and Politic, in Fact and in Name, by the Name of THE corporation. MAYOR, ALDERMEN, COMMON COUNCIL, AND FREEMEN OF THE CITY OF |