Debts. Hartford City. Be it further Enacted, That it shall be the Duty of any two Justices of the Peace, upon the Application of any Perfon or Perfons claiming any Bounty by virtue of this Act, carefully to examine fuch Claim; and upon Proof that the fame is well founded, fball give a Certificate to fuch Perfón or Perfons claiming as aforefaid, living within their County, fpecifying on what Account fuch Bounty becomes due, and upon fuch Certificate being delivered to the Treasurer of this State, he fhall pay the fame. And the Treafurer fhall keep an Account of all the Monies paid by Virtue of this Act. And be it further Enacted; That if any Perfon or Perfons fhall wilfully and knowingly procure more than one Certificate as aforefaid, for any one Bounty to which he might be entitled by virtue of this Act, with a view to defraud this State, he fhall upon legal Conviction thereof, fuffer the fame Pains and Penalties as if he had been legally convicted of Forgery! An Act relative to Debts due to Perfons who have been and remained within the Enemy's Power or Lines during the late War. WHEREAS divers Perfons, proper Subjects of this or other of the United States, have in the late War between Great-Britain and America, from Choice or otherwife, either removed to or continued under the British Government, and have been inacceffible by fuch of the Citizens of faid States who are indebted to them so as to pay or discharge faid Debts, or the Intereft thereof; Therefore that no Injustice be done in this Refpect: Eit Enacted by the Governor, Council and Reprefentatives in General Court Baffembled, and by the Authority of the fame, That in every Suit or Profe- Suits com cution that shall or may be commenced by any Perfon or Perfons that has gone to or remained with the Enemy, against any Perfon or Perfons that has remained without the Power of the Enemy, it fhall and may be lawful for the Court in which fuch Suit shall be commenced or profecuted, and faid Court is hereby authorized on Motion of the Defendant of his Attorney, to try and determine faid Caufe or Matter in Controverfy according to the Rules of Equity, or appoint three Referrees at the option of the Court, to try the Matters in Controverfy; and the Defendarit fhall and hereby is allowed to plead before fuch Court or Referrees; any special Matter relative either to Principal or Interest: And if it fhall appear to faid Court or Referrees, that the fpecial Matter alledged and proved by the Defendant, is of fuch a Nature, that in Equity and good Confcience, Abatement either from the Principal or Intereft 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, fuch Court is authorized and impowered as a Court of Chancery to make fuch Order and Decree thereon, as in Juftice and Equity fuch Court fhall find équitable, both in Relation to the Debt and Coft of Suit! AnA&t for incorporating a Part of the Town of Hartford. BE E it Enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That all the Inhabitants being Freemen of this State and dwelling in faid Hartford, within the following Limits, viz. Beginning at a Place called the Dutch Ground, upon 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, Efq; and from thence a strait Line to the northweft Corner of Joshua Hempstead's Dwelling-' House, thence a wefterly Line to the northwest Corner of James Steel's Dwelling-Houfe, from thence a northwefterly Courfe to the fouthwest Corner of menced by perfons who remained with the end my, &c. To be deter mined in equity. Referrees pointed. may be ap 284 Name of the corporation. Capable of -fuing, &c. To have jurif diction on Connecticutriver. No power to regulate the fisheries or ferry. Perfons living within the city, pro euring a cer tificate, &c. to be freemen of the state and city. Annual meeting to be in March for the purpofe of chufing annual officers. Continuance in office. To chufe a mayor, &e. To chufe four aldermen, &c. Hartford City. James Shepard's Malt-Houfe, from thence northerly a ftrait 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-Houfe, including faid House, and from thence turning and running due East a ftrait Courfe 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 Succeffors forever fhall and may have perpetual Succeffion, and be Perfons 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 Eftate real or perfonal, and may have a common Seal, and may change and alter the fame at Pleasure, and fhall be Freemen of faid City. And be it further Enacted, That the Mayor, Aldermen, Common-Council and Freemen of faid City, fhall have a Jurifdiction in all commercial Matters on Connecticut-River oppofite faid Town of Hartford, and that the Sheriffs of faid City appointed and impowered as hereafter provided, fhall 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 Veffel, Boat or other Water-Craft from paffing or repaffing faid Part of Connecticut-River, or from having commercial Intercourfe with Inhabitants refiding without the aforefaid 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 Leto are 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 Perfons living within faid Limits, who fhall, 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 fhall after procuring fuch Certificate, take before fome Affiftant of this State, or Juftice of Peace within and for the County of Hartford, the Oath provided by Law for Freemen, shall 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 fhall 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 fhall be directed, for the Purpofe of chufing all the annual Officers of faid City, and the annual Officers of faid City chofen at fuch Meeting fhall continue in Office until the Expiration of the Month of March then next, unless others fhall be fooner chofen and qualified in their ftead. And the faid City in legal Meeting affembled fhall chufe a Mayor, who fhall hold his Office during the Pleafure of the General Affembly: And at their annual Meeting (hall chufe 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) fhall be chofen by Ballot, and fing to be by on each Ballot which is given in fhall be written the Name of the Perfon for whom the fame is given; and fuch Ballot fhall be rolled up, and in the Pre fence of the Mayor and Aldermen of faid City, or fuch of them as are prefent at fuch Meeting, put by the Perfon giving the fame into a Box which faid City fhall provide for that Purpofe, which Box fhall be a clofe Box with a Hole of a covenient Size in the Lid thereof, through which to put in the Mode of chu ballot. Ballot Hartford City. Ballot; and when the Freemen prefent at any City Meeting fhall have had reafonable Time to give in their Ballot, either of the Sheriffs of faid City, or in the Abfence of both of the Sheriffs, the junior Alderman prefent, in the Prefence of the Mayor and Aldermen, or fuch of them as are prefent at fuch Meeting fhall open the faid Box, and the Mayor and Aldermen, or fuch of them as are prefent, fhall open, fort and count the Ballots, and the Perfon who fhall have a majority of the Ballots given in, fhall by the Sheriffs, or in their Abfence by the junior Alderman prefent, be declared to be elected; and no Ballot fhall be received after the Box fhall have been opened. And faid City in legal Meeting affembled fhall have Power to levy Taxes on the Polls and Eftate within the Limits of faid City for fuch Purposes as the City fhall 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 fhall, having received a Warrant for that Purpose, figned by the Mayor or one of the Aldermen of faid City, have the fame Power as Collectors of Town Taxes by Law have, and fhall be accountable to the Mayor and Aldermen of faid City, in the fame Manner as Collectors of Town Taxes by Law are accountable to the Selectmen, and in cafe any Collector fhall not perform the Truft committed to him, but fhall 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 his Warrant under his Hand, directed to either of the Sheriffs of faid City, to diftrain the Sums or Rates neglected by fuch Collector, to be collected or paid out of the Estate of the Collector. 285 whom open'd The mayor & the votes. choice. Who to de- The city to collector. and to whom. Collectors Complaint Provided nevertheless, That nothing in this Act fhall extend or be construed of paving the Street or Highways within faid City, or of erecting Wharves And be it further Enacted by the Authority aforefaid, That the Sheriffs of And be it further Enacted, That there fhall be holden on the fecond Tuesday of every Month in faid City, a City Court, which Court fhall have Power to adjourn from Time to Time, and fhall have Cognizance of all civil Caufes where in the title of Land is not concerned by Law cognizable by the County Courts in this State, provided the Caufe 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 fhall, as to the Caufes by them cognizable, to all Intents and Purposes, have the fame Powers and Authorities and proceed in the fame Manner and grant Executions as faid County Courts now or hereafter by Law fhall shall have proceed and grant; and the Executions granted by faid City Courts Nn 2 Power of the neglect of theriff. duty. Liable for City to an-¡ fwer in cafe of inability, Sheriffs to give bond, &c. &c. new one to On failure, a A city court monthly, Power to ad to be held journ.. as those from 286 allowed. The prevail ing party of, &c. may take out execution, &c. Hartford City. fhall be ferved and returned in the fame Manner as the Executions granted Appeals to be by the faid County Court; and an Appeal fhall 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 Caufes in which an Appeal is now or hereafter by Law fhall 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 bond be gis Court in a Recognizance (which Recognizance the Mayor of faid City and the Judges of faid City Court are refpectively impowered to take) in double the Sum of faid Judgments, that he will within one Week after final Judgment on the Appeal refund fo much of the Judgment of faid City Court as fhall on fuch Execution be collected, and fhall not be by him recovered before the Court to which the Appeal, is taken, and the Interest thereof, together with the Execution Fees that fhall 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. Provided ven. No appeal to be allowed on a fuit on fuch bond. tiff lives And in every Action brought before faid City Court, in which the Plaintiff dives without the Limits of faid City, or is a Mariner or Seaman fuing 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 fhall 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 fhall be allowed the Defendant in the fame Manner, and under the fame Regulations as Appeals are allowable in other Caufes cognizable by faid 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, fhall be a Superfedeas, or have any Force to stay the iffuing, levying or collecting of Execution. without the city, no appeal allowed the defendant within, unlefs, &c. City courts to appoint and {wear a clerk. His powers. The mayor, or in his abfence the fe nior affiftant judge, may call a fpecial court. Fees. Mayor and two aldermen first chofen to be judges. And faid City Court fhall have full Power to appoint and fwear 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 fame 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 fhall be the fame mutatis mutandis as the Oath provided by Law to be ta➡ ken by the Clerks of the County Courts in this State. And the Mayor of faid City, or in his Abfence the senior Affiftant Judge of faid City Court, may at the special Inftance and Coft of any Perfon moving therefor, hold a special City Court, at fuch Time and Place within faid City as the Mayor or Judge ordering the fame fhall-appoint; which Court fhall proceed in the fame Manner, have the fame Powers and Authorities and in all Refpects be under the fame Regulations as the ftated City Courts of faid City, and all the taxable Fees of faid City Court fhall 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 firft Meeting, fhall compofe the faid City Court and be the Judges thereof, and the Mayor fhall be the Chief Judge of faid Court, and the faid two Aldermen shall be the Affiftant Judges of faid Court, any two of whom in the Abfence of the other, taking to their Affiftance the fenior Alderman judges in cafe prefent, that is not a Judge of faid Court, or if neither of the Aldermen that Who to be of abfence, &c. are not Judges of faid Court can attend, one of the Juftices of the Peace within and for the County or Hartford, refident within faid City, fhall have Power to hold a City Court. And if at any City Court there fhall be but one Judge prefent, he fhall take Hartford City. ་ take to his Affiftance two other Aldermen of faid City, and in Cafe one or both of them cannot attend, he shall take one or two of the Juftices of the Peace, as the Cafe may require, of the County of Hartford refident within the faid City, and they fhall have the fame Power to hold a City Court, as -the Judges of faid City Court have. Mayor and aldermen to have cognizance of civil caufes in the city. Same power as juftices./ Appeal allowed to the next city And be it further Enacted, That the Mayor and Aldermen of faid City fhall feverally within the Limits of faid City have Cognizance of all civil Caufes, by Law cognizable by a Juftice of the Peace, provided the Cause of Action arife within the Limits of faid City, and one or both of the Parties -live within the fame; and the faid Mayor and Aldermen fhall as to the Caufes by them feverally cognizable, have the fame Powers and Authorities and proceed in the fame Manner as Juftices of the Peace now, or hereafter have and proceed. And an Appeal thall be allowed from the Judgment or Determination of faid Mayor and Aldermen, in any Caufe by them cognizable feverally to the next City Court, to be holden within faid City, in all Caufes in which an Appeal is now or hereafter shall be allowed from the Judgment of a Juftice of the Peace, the prevailing Party however, if Plaintiff, may, fuch Appeal notwithstanding, take out Execution on fuch 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 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 fhall be allowed the Defendant. And the taxable Fees in all Caufes cognizable by the Mayor or by any of the Aldermen of faid City feverally, fhall be the fame as the taxable Fees in like Cafes before Juftices of the Peace. And the Proceffes in all Actions brought to faid City Courts, fhall be the fame as the Proceffes to the County Courts in this State; and the Procéffes in all Actions brought before the Mayor or one of the Aldermen of faid City, fhall be the fame as the Proceffes" in Actions brought before a Juftice of the Peace; which Proceffes fhall be By whom figned by the Governor, Lieutenant-Governor or one of the Affiftants of this figned and State, or by a Juftice of the Peace within and for the County of Hartford, ferved. or by the Mayor or one of the Aldermen of faid City, or the Clerk of faid City Court, and fhall 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. Where the a Taxable fees, &c. Proceffes the fame as to the county court. &c.. And all Bonds for Profecution taken by any of faid Officers hereby im- Bonds for powered to fign Writs, fhall be good and effectual in Law; and Bonds for profecution, Profecution, fpecial Bail, and Bonds for Appeal, fhall be taken to the adverfe Party. Provided nevertheless, that no Writs (Executions excepted) or Proceffes figned by the Mayor or either of the Aldermen, fhall be of any effect without the Limits of faid City. And be it further Enacted by the Authority aforefaid, That the faid Mayor, Aldermen and Common Council fhall on the first Monday of June annually meet, and fhall then choose feventy-two Freemen of faid City or fuch greater Number, not exceeding one hundred of faid Freemen, as the faid Mayor, Aldermen and Common Council fhall judge neceffary to ferve as Jurors at faid City Courts, and fhall return the Names of faid Jurors under the Hand of the Mayor of faid City, if prefent, or in cafe of his Abfence, under the Hand of the fenior Aldermen prefent at fuch Meeting, to the Clerk of faid City Court, who fhall write each Juror's Name thus chofen, fairly on a feparate Piece of Paper, and roll up and put the fame into a Box, which he fhall 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 Cummon Except, &c. jurymen how and when chofen. Names of the jurors to be returned to, &c. Clerk to write the ju rors names on, &c. |