Navigation. L 163 the matine, department, to be figned by the go vernor, &c. State for the Time being, fhall be the Super-Intendant of Marine; and all All commiffi Commiffions, Letters of Marque and Reprifal, Paffports, Letters of Safe-ons, &c. in Conduct, Flags of Truce, Regifters, and all other Papers and Documents whatsoever, relative to the Marine Department, that may iffue out under the Authority, and agreeable to the Laws of this State, fhall be in his Name, in the Stile of Governor, and Super-Intendant of Marine for the State of Connecticut. And all Judges of Admiralty, in this State, fhall be commiffioned by the Governor, being firft nominated, and appointed by the General Affembly; and all Naval-Officers fhall be nominated, appointed and commiffioned by the Governor for the Time being, in fuch Districts and at fuch Ports as shall from Time to Time be ordered and directed by Act of Affembly. Provided nevertheless, That faid Naval Officers, or any, or either of them, 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 commiffionate one or more Notary Publics in this State, as the commercial Interests thereof may render it neceffary or convenient. And be it further enacted by the Authority aforefaid, That there fhall be kept at each of the Ports of New-London, New-Haven, Middletown, and Norwalk refpectively, one Naval-Officer who fhall be nominated and deputed to faid Office as aforefaid; and each Officer fo appointed, before he enters upon faid Bufinefs, fhall become bound with fufficient Sureties in a Recognizance of one thoufand Pounds to the Treasurer of this State for the faithful Difcharge of the Duties of faid Office; to enter and clear out Veffels and their Cargoes, and to do and act therein in fuch Way and Manner, and according to fuch Rules and Orders as to fuch, their respective Offices, do or fhall appertain; and for the faithful and punctual pay ment of all fuch Sum or Sums of Money into the Public Treafury, that he may receive for any Duty or Impoft laid, or which fhall be laid by Ac of this State. Judges of admiralty how appointed, &c. Provifo. Ports named where naval offices are to be kept. Provided nevertheless, That if any Naval-Officer fhall fail in punctual paying up all the Duties by him collected, or fhall be guilty of any Mis Provifo. feazance or Negligence in Office, upon Complaint and Proof thereof, made to his Excellency the Governor, it fhall be the Duty of the Governor, (ex officio) immediately to difmifs faid Officer from his Office, and to appoint another in his Room and Stead. And be it further enacted by the Authority aforefaid, That the Naval-Offi cers fhall have and receive the feveral Fees and Allowances as fet and afs fixed in the Table of Fees: And it fhall be the Duty of faid Naval-Officers refpectively, to affix up in their Offices in fome public Place, where it may, be feen and read, a true Copy of the Table of Fees. And if any Officer, aforefaid fhall prefume to afk, demand, or receive any more Fees for any Services by them officially done, than is by Law allowed, fuch Officer fo tranfgreffing, upon Complaint and Proof made thereof to his Excellency the Governor, he thall be removed from faid Office, and another put in his Room and Stead. And be it further enacted by the Authority aforefaid, That all Veffels of the Burthen of fifteen Tons and upwards, fhall each take out a Register, wherein thall be defcribed the Name of the Veffel, her Defcription, Tonage, the Place where built, and the Time when, Mafter'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 fhall be as follows, viz.) STATE OF CONNECTICUT. Table of fees to be fixed up the office. Veffels to take out a res giler. maketh Oath, That the called the X 2 whereof is at present 164 Form. Veffels under 15 tons, may New-Haven City. Mafter, being a fquare-fterned Veffel of the Burthen of Tons or there at prefent Owner thereof; and that no Foreigner, directly or indirectly, hath any Share, or Part, or Intereft therein. The Oath aforefaid was adminiftred at the Naval Office for the Port of the and eighty Day of and in the Year of our Independence; The foregoing recorded in the Naval-Office aforefaid. } And every Veffel under the Dirnenfions aforefaid, instead of a Register, fhall and may take out a Permit from the Custom House, figned by the take permit. Naval-Officer of the Port in whofe District faid Veffel belongs, which hall be fufficient for the Purpofe of enabling the Mafter or Owner thereof to clear out Coaft wife. entry, and take out clearance, &c. And all Veffels in this State fhall make true Entries, and take out proper To make true Clearances at the refpective Ports of Entry, and Clearance proper for that Purpose, and observe and obey all fuch Customs, Rules, Laws and Regulations as have or fhall be made relative thereto. And whatever. Veffel fhall neglect or refufe to take out and furnish themselves with the proper Papers aforefaid; upon Seizure and Information made to the Court proper to try the fame, fhall be liable to Condemnation; one Half to the Profecator who fhall profecute the fame to effect, and the other Half to the Ufe of the public Treafury of this State. Liable to condemnati on for neglect. Defcription of the perfons that are incorporated. An Act for incorporating a Part of the Town of New BE E it enacted by the Governor, Council, and Representatives, in General Court affembled, 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, fo as to take in faid Bridge and Highway to the North-Eaft Corner of the Neck-Bridge; then a-crofs the fame on the Bounds of the North-Side of the fame to the North Weft Corner of faid Bridge; then Eity. in a direct Line Weftward to the Bridge a-crofs the Weft-River, commonly called Thompson's-Bridge, to the North-East Corner of faid Bridge; thence down the faid Weft-River, on the Eaft Bank thereof, to the Mouth of faid River; and from thence a straight Line to the extreme Point of the Land commonly called Five-Mile Point, on the Eaft-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 acrofs the Mouth of faid Little- River to the Eaft-Shore of the Eaft-River; then up faid Eaft-River on the Line of High-Water Mark to the firft mentioned Point at the North-Eaft Corner of the Long-Bridge; be, and the fame are hereby Ordained, Conftitu 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, THỂ MAYOR, ALDERMEN, COMMON COUNCIL, AND FREEMEN OF THE CITY OF NEW-HAVEN; and that by that Name, they and their Succeffors for ever, fhall and may have perpetual Succeffion; and fhall be Perfons 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, Name of the corporation. Capable of fuing, &c. any any Eftate, real or perfonal, and may have a common Seal, and may change Who are -and alter the fame at Pleafure; and fhall 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. Be it enacted, That all fuch Perfons, living within faid Limits, who fhall, before the fecond Monday of February next, procure the major Part of the Select-men of the faid Town of New-Haven, to certify that they are qualified to be admitted and made free of this State, and shall after procuring fuch Certificate, take before fome Affiftant of this State, or Juftice of Peace within and for the County of New-Haven, the Oaths provided by Law for Freemen, fhall to all the Purposes in this Aft mentioned, be confidered as Freemen of this State, and Freemen of the faid City of New-Haven. And for the better Government of faid City: Be it further Enacted, That there fhall be a Meeting of faid City holden annually in June, at fuch Time and Place as by the Bye-Laws 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 June then next, unless others fhall be fooner chofen and qualified in their Stead. And the faid City in legal Meeting affembled, fhall choose a Mayor, who fhall hold his Office during the Pleasure of the General Affembly; and at their annual Meeting fhall 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 Infpectors of Produce excepted) fhall be chofen by Ballot; and 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 Presence of the Mayor and Aldernien of laid 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 close Box, with a Hole of a convenient Size in the Lid thereof, through which to put in the 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 the Sheriffs, the junior Alderman prefent, in the Prefence of the Mayor and Aldermen, or fuch of them as are prefent at fuch Meeting, hall 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 thall have the 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 Ballots fhall be received after the Box fhall have been opened. And faid City in legal Meeting affembled, thall have Power to levý Taxes on the Polls and Eftate within the Limits of faid City, for fuch Purposes as faid City fhall think proper; and to chufe a Collector or Collectors, to collect fuch Tax; who fhall, having received a Warrant for that Porpofe, figned 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 fhall 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 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 a Warrant under his Hand, directed to either of the Sheriffs of said City, to deftrain the Sums or Rates neglected by fuch Collector to be collected, or paid, out of the Eftate of the Collector. And freemen of the city. Perfons liv ing within... the city, procuring a certo be freemen of the ftate and city. tificate, &c. Annualmeeting to be in June, for the purpose of chufing anContinuance nual officers. in office. To chufe a mayor, to office during, continue in &c. To chufe four aldermen, &c. Mode of chufing to be by ballot, &c. The box by whom open ed. The mayor and aldermen to fert and count the votes. Who to de clare the Choice. The city to to levy taxes. To chufe a collector. Warrant by whom figned? Collectors have power accountable & to whom. Complaint being made, &c. mayor to iffue his war . rant, &c. 166 Power of the fheriffs. Liable for neglect of duty. City to an fwer in cafe of inability, &c. Sheriffs to give bond, -&c. On failure, a new one to be chofen. To chufe a treasurer. A city court to be held monthly. Power to adjourn. Jurifdiction. To have the fame powers, &c. as county courts, & ex ecutions ferved, &c. as thofe from the New-Haven City. And be it further enacted by the Authority aforefaid, 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 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 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 Cafes relative to their Office. And faid Sheriffs fhall feverally give Bond with Sureties, in fuch Manner as by the Bye-Laws of faid City fhall be directed, for a faithful Difcharge of the Duties of that Office, before they shall be capable of executing the fame. And in cafe either of the Perfons chofen Sheriff fhall not give Bond with Sureties, according to the Bye-Laws of faid City, the faid City may proceed to chufe another Sheriff in his Room. And the faid City in legal Meeting affembled, shall chufe a Treasurer for faid City, to continue in Office during the Pleasure of faid City, who fhall have the fame Powers within faid City as Towr-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 fecond Tuesday of every Month, in faid City, a City Court; which Court shall have Power to adjourn from Time to Time, and shall have cognizance of all Civil Caufes 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 faid City; and the faid City Court fhall, as to the Caufes by them Cognizable, to all Intents and Purpofes, 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 have, proceed and grant; and the Executions granted by faid City Court fhall be ferved, and returned in the fame Manner as the Execu county court. tions granted by the faid County Courts, and Appeals fhall 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 Caufes in which an Appeal is now or hereafter by Law shall be allowed from the faidCounty Courts; the prevailing Party however, if Plaintiff, may, fuch Appeal notwithstanding, take out Execution on fuch Judgment for the Debt or Damages and Coft recovered in fuch City Court, 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 bond be gi- with two fufficient Sureties before the Mayor of faid City, or one of the Appeals to be allowed. The prevailing party if, &c. may take out execution, &c. Provided ven. No appeal to be allowed on a fuit on fuch bond. tiff lives without the city; no appeal allowed the defendant Judges of faid City Court, in a Recognizance (which Recognizance the Mayor of faid City and the Judges of faid City Court are refpectively im powered 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 Judgi ment of the said City Court, together with the Intereft thereof, as fhall on fuch Execution be collected, and fhall 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 Ap peal 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 laid 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 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 Causes cognizable by faid City Court. And no Writ of Error brought upon any Judgment of faid City Court fhall be a Superfedeas. And within, unlefs, &c. New-Haven City. And faid City Court fhall have full Power to appoint and swear a Clerk for faid Court, to continue in Office during the Pleasure of faid Court, which Clerk fhall, 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 taken by the said Clerk, fhall be the same, mutatis mutandis, provided by Law to be taken by the Clerks of the faid County Courts of this State. And the Mayor of faid City, or in his Abfence the fenior affiftant Judge of faid City Court, may at the fpecial Inftance of, 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 Respects 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 Enabled, That the Mayor of faid City for the Time being, and the two Aldermen firft chofen at the annual Meeting of faid City, or at their first 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 fhall be the affittant Judges of faid Court, any two of whom, in the Absence of the other, taking to their Affiftance the fenior 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, refident within said City, fhạll have Power to hold a City Court. And if at any City Court there fhall be but one Judge prefent, he fhall take to his Affiftance the other two Aldermen of faid City, and in case one or both of thein cannot attend, he fhall take one or two of the Juftices of the Peace, as the cafe may require, of the County of New-Haven, refident within the faid City, and they three fhall have the fame Power to hold a City Court, as the Judges of faid City Court have. And be it further Enaded, 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 Justice of the Peace, provided the cause of Action arife within the limits of faid City, and one or both 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, by Law shall have and proceed. And an Appeal fhall 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 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 fuch 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 fhall 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, 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 Court, fhall be the fame as the Proceffes to the County Courts in this State; and the Proceffes in all Actions brought before the Mayor |