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Debts. Hartford City.

mium.

283

Be it further Enacted, That it shall be the Duty of any two Justices of the Peace, upon the Application of any Person or Persons claiming any Bounty by virtue of this Act, carefully to examine such Claim, and upon Proof that Mode of obthe fame is well founded, shall give a Certificate to such Person or Persons taining Preclaiming as aforesaid, living within their County, specifying on what Account fuch Bounty becomes due; and upon such Certificate being delivered to the Treasurer of this State, he shall pay the fame. And the Treasurer shall keep an Account of all the Monies paid by Virtue of this Act.

And be it further Enacted; That if any Perfon or Persons shall wilfully and Forgery to knowingly procure more than one Certificate as aforesaid, for any one Bounty procure more to which he might be entitled by virtue of this Act, with a view to defraud than one or this State, he shall upon legal Conviction thereof, suffer the fame Pains and der. Penalties as if he had been legally convicted of Forgery!

An Act relative to Debts due to Persons who have been and remained within the Enemy's Power or Lines during the late War.

WHEREAS divers Persons, proper Subjects of this or other of the United

States, have in the late War between Great-Britain and America, from Preamble Choice or otherwise, either removed to or continued under the British Government, and have been inaccessible by fuch of the Citizens of faid States who are indebted to them so as to pay or discharge faid Debts, or the Interest thereof; Therefore that no Injustice be done in this Refpect:..

E it Enacted by

Suits com

:

BE the Governor, Council and Representatives in General Court affembled, and by the Authority of the fame, That in every Suit or Profe, menced by cution that shall or may be commenced by any Person or Persons that has persons who gone to or remained with the Enemy, against any Perfon or Persons that has remained remained without the Power of the Enemy, it shall and may be lawful for the with the end Court in which fuch Suit shall be commenced or profecuted, and faid Court my, &c. is hereby authorized on Motion of the Defendant of his Attorney, to try and To be deter determine faid Cause or Matter in Controversy according to the Rules of mined in Equity, or appoint three Referrees at the option of the Court, to try the Mat- equity. ters in Controverfy; and the Defendarit shall and hereby is allowed to plead, Referrees may be ap before fuch Court or Referrees, any special Matter relative either to Principal or Interest : And if it shall appear to said Court or Referrees, that the fpecial Matter alledged and proved by the Defendant, is of fuch a Nature, that in Equity and good Conscience, Abatement either from the Principal or Interest of any Sum or Sums due by fuch Defendant or Defendants ought to be made.

That on Report of the Referrees or finding of the Court, such Court is authorized and impowered as a Court of Chancery to make such Order and Decree thereon, as in Justice and Equity fuch Court shall find, équitable, both in Relation to the Debt and Cost of Suit!

AnAct for incorporating a Part of the Town of Hartford.

B

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pointed.

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it Enacted by the Governor, Council, and Representatives, in General Court assembled, and by theAuthority of the fame, That all the Inhabit- Description ants being Freemen of this State and dwelling in faid Hartford, within the of the Perfons following Limits, viz. Beginning at a Place called the Dutch Ground, upon thaporated. the high Land on the Bank of the Great River on the foutherly Side of faid River as it now runs in the Lot belonging to Thomas Seymour, Éfq; and from thençe a strait Line to the northwest Corner of Joshua Hempstead's DwellingHouse, thence a westerly Line to the northivest Corner of Fames Steel's Dwelling-House, from thence a northwesterly Course to the fouthwest Corner of James

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Bounds of the

city.

284

Name of the corporation.

Capable of -fuing, &c.

To have jurif diction on Connecticutriver.

No power to regulate the fisheries or

ferry.

Perfons liv

ing within

1,

Hartford City.

James Shepard's Malt-House, from thence northerly a strait Line to the upper Mills, fo called, including faid Mills, thence northerly in a ftrait Line to the northwest Corner of Capt. John Olcott's Dwelling-House, including faid House, and from thence turning and running due East a strait Course to the Great River, be, and the fame hereby are ordained, conftituted 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 HARTFORD, and that by that Name they and their Successors forever shall and may have perpetual Succeffion, and be Persons in Law capable of fuing and being fued, pleading and being impleaded in all Suits of what Nature foever; and alfo to purchase, hold and convey 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 be it further Enacted, That the Mayor, Aldermen, Common-Council and Freemen of faid City, shall have a Jurifdiction in all commercial Matters on Connecticut-River opposite said Town of Hartford, and that the Sheriffs of faid City appointed and impowered as hereafter provided, shall have Power and Authority to execute all lawful Writs and Precepts on faid ConnecticutRiver oppofite faid Town.

Provided nevertheless, That no Power or Authority is hereby granted to regulate or effect the Fisheries or Ferry in and upon faid River, or to prevent any Vessel, Boat or other Water-Craft from paffing or repaffing faid Part of Connecticut-River, or from having commercial Intercourse with Inhabitants refiding without the aforesaid Limits of faid City, free from any Duties and Toll to be impofed by faid City.

And whereas there are many Perfons living within faid Limits who by Law ere qualified to be Freemen of the State, that have not taken the Oath provided by Law to be taken by Freemen.

Be it Enacted, That all fuch Persons living within said Limits, who shall, before the fourth Monday of June next, procure the major Part of the Selectmen of the faid Town of Hartford to certify that they are qualified to be admitted and made free of this State, and shall afrer procuring such Certificate, take before fome Assistant of this State, or Justice of Peace, within and to be freemen for the County of Hartford, the Oath provided by Law for Freemen, shall

the city, projeuring a certificate, &c.

of the state

and city.

Annual

meeting to be in March for the purpose of chufing annual officers.

Continuance

in office.

To chuse a mayor, &c.

To chufe four alder

men, &c.

Mode of chufing to be by ballot.

to all the Purposes in this Act mentioned, be confidered as Freemen of this State, and Freemen of the faid City of Hartford.

And for the better Government of faid City:

Be it further Enacted, That there shall be a Meeting of faid City holden annually in the Month of March, at fuch Time and Place as by the ByeLaws of faid City shall be directed, for the Purpose of chufing 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 March then next, unless others shall be fooner chosen and qualified in their stead.

And the faid City in legal Meeting assembled shall chuse 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 chofen by Ballot, and on each Ballot which is given in shall be written the Name of the Perfon for whom the fame is given; and fuch Ballot shall be rolled up, and in the Pre fence of the Mayor and Aldermen of faid City, or fuch of them as are present at fuch Meeting, put by the Person 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 covenient Size in the Lid thereof, through which to put in the Ballot

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Hartford City.

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 Absence of both of the Sheriffs, the junior Alderman present, 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 fuch of them as are present, shall open, fort and count the Ballots, and the Perfon 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 Ballot shall be received after the Box shall have been opened.

285

whom open'd
The box by

The mayor &

the votes.

aldermen to
fort and count

clare the
choice.

Who to de

The city to
have power
to levý taxes,
To chuse a

collector.
Warrant by

whom figned.

And faid City in legal Meeting assembled shall have Power to levy Taxes
on the Polls and Estate within the Limits of faid City for fuch Purposes as
the City shall think proper, agreeable to the Power and Privileges granted to
the Freemen of faid City by virtue of this Act of Incorporation, and to chufe
a Collector or Collectors to collect fuch Tax, who shall, having received a
Warrant for that Purpose, signed by the Mayor or one of the Aldermen of faid
City, have the same Power as Collectors of Town Taxes by Law have, and
shall be accountable to the Mayor and Aldermen of faid City, in the fame Collectors
Manner as Collectors of Town Taxes by Law are accountable to the Select- accountable,
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 shall issue his Warrant under his Hand, directed to
either of the Sheriffs of said City, to distrain the Sums or Rates neglected by
fuch Collector, to be collected or paid out of the Estate of the Collector.

and to whom.

Complaint
being made,
&c. mayor,

to

iffue his warrant, &c.

Provided nevertheless, That nothing in this Act shall extend or bé constrúed
to extend to enable the Freemen of faid City, at their legal Meeting to grant Provifo.
or levy any Taxes on the Polls or Estate contained in said City for the Purpose
of paving the Street or Highways within said City, or of erecting Wharves
upon faid Connecticut-River, without previous Application made therefor to
the General Assembly of this State, and special Authority from faid Assembly
obtained for such Purpose.

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 fame Powers
and Authorities, and be liable to the same Suits and Penalties for neglect of
Duty in any Cafe whatsoever, to all Intents and Purposes as Sheriffs by Law
now have and are; and the faid City shall be liable to answer in Cafe of the
Inability of faid Sheriffs or either of them, for the Default of faid 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 faid City shall be di-
rected, for a faithful Discharge of the Duties of that Office, before they shall
be capable of executing the fame; and in Cafe either of the Persons chofen
Sheriff shall not give Bond with Sureties according to the Bye-Laws of faid
City, the said City may proceed to chuse another Sheriff in his Room, and the
faid City in legal Meeting assembled shall chuse a Treasurer for faid City, to
continue in Office during the Pleasure of faid City, which Treasurer shall
have the fame Power and Authorities as Town Treasurers by Law now have,
and shall be accountable to said City.

&c.

Power of the
sheriffs.
duty.
Liable for
neglect of
City to an-
swer in cafe
of inability,
Sheriffs to
give bond,
&c.
On failure, a
be chosen.
To chuse a
treasurer.

new one to

A city court to be held monthly, Power to ad

ad-po

And be it further Enacted, That there shall be holden on the second Tuesday of every Month in faid City, a City Court, which Court shall have Power to journ from Time to Time, and shall have Cognizance of all civil Caufes wherein 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 of the Parties live within the Limits of faid City; and faid City Courts shall, as to the Caufes by them cognizable, to all Intents and Purposes, have the same Powers and Authorities and proceed in the fame Manner and grant Executions as faid County Courts now or hereafter by Law small have proceed and grant; and the Executions granted by faid City Courts

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fhall

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journ... Jurisdiction. To have the fame powers, executions ferved, &c. the county

&c. as county courts and

as those from

court.

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286

allowed.

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shall be served and returned in the same Manner as the Executions granted Appeals tobe by the faid County Court; and an Appeal shall be allowed to either Party from the Judgment or Determination of faid 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 faid County Courts, the prevailing Party however, if Plaintiff, may fuch Appeal notwithstanding, take out Execution on fuch Judgment for the Debt or Damages and Cofts recovered in fuch City Courts against the Defendant or Defendants, and levy the faid Execution and collect the Money thereon, provided he does, previous to his taking out faid Execution, become bound with two fufficient Sureties before the Mayor of faid City, or one of the Judges of faid City

The prevail ing party of, &c. may take

out executi

on, &c.

Provided

ven.

bond be gis 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 Judgments, that he will within one Week after final Judgment on the Appeal refund so much of the Judgment of faid City Court as fhall on fuch Execution be collected, and shall not be by him recovered before the Court to which the Appeal is taken, and the Interest thereof, together with the Execution Fees that shall accrue and be paid by the Defendant or Defendants on faid Execution, and no Appeal shall be allowed on any Suit commenced on fuch Recognizance.

No appeal to be allowed on a fuit on such bond.

tiff lives without the

And in every Action brought before faid City Court, in which the Plaintiff lives without the Limits of faid City, or is a Mariner or Seaman suing for If the plain- 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 faid 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 for the reverfal of any Judgment of the faid City Court, or of the faid Mayor or either of faid Aldermen, shall be a Supersfedeas, or have any Force to stay the issuing, levying or collecting of Execution.

city, no appeal allowed the defendant within, unless, &c.

City courts to

appoint and Iwear a clerk.

His powers.

The mayor,

or in his ab

fence the se

nior afsistant

judge, may call a special

court.

Fees.

Mayor and

two aldermen first chosen to

be judges.

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, who shall, as to Matters relative to his Office as Clerk of faid Court, have the same Powers and Authorities, to all Intents and Purposes as the Clerk of the County Courts in this State by Law have, and the Oath to be taken by faid 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 faid City, or in his Absence the senior Assistant Judge of faid City Court, may at the special Instance and Cost of any Person moving therefor, hold a special City Court, at fuch Time and Place within faid City as the Mayor or Judge ordering the same shall-appoint; which Court shall proceed in the fame 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 faid two Aldermen shall be the Assistant Judges of faid Court, any two of whom in the Absence of the other, taking to their Assistance the fenior Alderman judgetin cafe 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 or Hartford, resident within said City, shall have Power to hold a City Court.

Who to be

of abfence, &&c.

And if at any City Court there shall be but one Judge present, he shall

take

Hartford City.

take to his Affsistance two other Aldermen of faid City, and in Cafe one or 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 Hartford resident within the said City, and they shall have the same Power to hold a City Court, as -the Judges of faid City Court have.

287

If but one

judge present &c.

then to take,

And be it further Enacted, That the Mayor and Aldermen of faid City Mayor and shall severally within the Limits of faid City have Cognizance of all civil aldermen to Causes, by Law cognizable by a Juftice of the Peace, provided the Cause of have cognit Action arise within the Limits of faid City, and one or both of the Parties causes in the -live within the fame; and the said Mayor and Aldermen shall as to the Cauf- city. es by them severally cognizable, have the same Powers and Authorities and Same power as justices./ proceed in the fame Manner as Justices of the Peace now, or hereafter have and proceed.

Appeal allowed to the

court.

And an Appeal thall be allowed from the Judgment or Determination of faid Mayor and Aldermen, in any Cause by them cognizable severally to the next City Court, to be holden within faid City, in all Causes in which an next city Appeal is now or hereafter shall be allowed from the Judgment of a Justice of the Peace, the prevailing Party however, if Plaintiff, may, such Appeal notwithstanding, take out Execution on such Judgment, provided he give Bond before the Mayor of faid City or one of the Judges of faid City 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 said 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.

where the
plaintiff lives
without, or is
a mariner,
&c. no appeal
Taxable fees,

And the taxable Fees in all Causes cognizable by the Mayor or by any of the Aldermen of faid City severally, shall be the fame as the taxable Fees in &c. like Cafes before Juftices of the Peace. And the Processes in all Actions Proceffes the. brought to faid City Courts, shall be the fame as the Processes to the County same as to the Courts in this State; and the Processes in all Actions brought before the county court. Mayor or one of the Aldermen of faid City, shall be the fame as the Proceffes in Actions brought before a Justice of the Peace; which Processes shall be By whom figned by the Governor, Lieutenant-Governor or one of the Afsistants of this figned and State, or by a Juftice of the Peace within and for the County of Hartford, served. or by the Mayor or one of the Aldermen of faid City, or the Clerk of faid City Court, and shall be ferved 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 faid Officers hereby im- Bonds for powered to fign Writs, shall be good and effectual in Law; and Bonds for profecution, Profecution, special Bail, and Bonds for Appeal, shall be taken to the ad- &c.. verse Party. Provided nevertheless, that no Writs (Executions excepted) Except, &c. or Proceffes figned by the Mayor or either of the Aldermen, shall be of any effect without the Limits of faid City.

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And be it further Enacted by the Authority aforesaid, That the faid May- jurymen how or, Aldermen and Common Council shall on the first Monday of June annu- and when ally meet, and fhall then choose seventy-two Freemen of faid City or fuch chosen. greater Number, not exceeding one hundred of faid Freemen, as the said jurors to be Mayor, Aldermen and Common Council shall judge necessary to ferve as returned to, Jurors at faid City Courts, and shall return the Names of faid Jurors under &c. the Hand of the Mayor of faid City, if present, or in case of his Absence, under the Hand of the fenior Aldermen present at such Meeting, to the Clerk Clerk to 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 on, &c. Thall provide and keep for that Purpose: And whenever either of the Sheriffs of faid City fhall receive a Warrant from the Clerk of faid City Court to fummon

Names of the

write the ju

rors names

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