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Process against negligent collectors.

Power of bailiff.

Of the treasurer.

Power of laying out highways, &c.

Remedy for party aggrieved.

Discontinuance of highways.

Powers in relation to sickness.

Sign-post to be erected.

Power of warden and burgesses to make by-laws.

according to the terms of his warrant, on complaint there-
of made by the burgesses to the warden, he shall issue
his warrant, under his hand, directed to the bailiff, to dis-
train the sum or rates neglected by such collector, to
be collected or paid out of his estate.
sect. 6. The bailiff shall, within the limits of each
borough, and on the waters of each harbor, adjoining
thereto, whether within the limits of the borough or not,
have the same power, authority, and privilege, and be
liable to the same suits or penalties, for neglect of duty,
in any case whatever, as constables by law now have, or
are, in their respective towns; and shall execute all law-
ful writs to him directed, by virtue of the by-laws of the
borough to which he belongs, or by the laws of the state,
within his said described limits. And the treasurer shall
have the same powers as town treasurers have by law,
and shall be accountable in the same manner.
sect. 7. The warden and burgesses shall have power
to lay out new highways, streets, and public walks, for
the use of each borough, and to alter those already laid
out, and to exchange highways for highways, or to sell
highways, for the purpose of purchasing other highways,
taking, in all respects, the same measures as are directed
by the laws of the state to be taken in case of highways
laid out by the select-men, for the use of their towns:
and the party aggrieved by the laying out of such high-
ways or streets, may have the same remedy, by applica-
tion to the county courts, as is by law provided, in case
of highways laid out by select-men. And whenever any
highways, laid out by the warden and burgesses, may be-
come unnecessary for public use, they may be discontin-
ed by such warden and burgesses.
sect. 8. The warden and burgesses shall, within the
limits of their respective boroughs, have, use, possess,
and enjoy all the powers and privileges granted to the
select-men and justices of the peace, in the several towns,
by the fifteenth and sixteenth sections of the act, provid-
ing in case of sickness.
SECT. 9. It shall be the duty of the warden and bur-
gesses of each borough, at the expense thereof, to erect
and maintain a sign-post, at some proper place therein,
which shall be a lawful sign-post, according to the law
establishing a sign-post in each town.
sect. 10. The warden and burgesses in each bor-
ough, respectively, or a majority of them, shall have pow-
er to make by-laws relative to markets and commerce,
within the limits of said borough; relative to the streets
and highways of said borough; relative to nuisances with-
in said borough limits; relative to wharves, docks, chan-

nels, public landings, anchoring and mooring vessels ; relative to trees, planted for shade, ornament, convenience, use, public or private ; relative to the fruit of such trees; relative to trespasses committed in gardens, or in the limits of said borough; relative to walks and buildings, public and private ; relative to sweeping of chimnies, and preserving said borough from injury by fire; relative to the forms of oath to be taken by the treasurer; relative to warning meetings of said borough, and of

said warden and burgesses, and the time and place when,

and where they shall be holden; relative to the mode of taxation, as to taxes to be levied in said borough; relative to the penalties to be incurred by those who, being chosen to office, shall, (not being excused by said borough,) refuse to serve; relative to awatch; relative to the burial of the dead; relative to public lights and lamps; relative to restraining horses, cattle, mules, sheep, geese, swine, and poultry, from going at large within the limits of said borough; relative to firing of guns; relative to noise and disturbance in the night season; relative to preventing any building, or buildings, already erected, or which may hereafter be erected, within the limits of any borough, from being used or occupied as a baker’s shop, tallowchandler's shop, or blacksmith's shop, or for purposes which equally, or in like manner, in the opinion of the warden and burgesses, shall immediately expose such borough to injury by fire, without licence first obtained from said warden and burgesses; and to inflict penalties for the breach of such by-laws, not exceeding the sum of fifteen dollars, for one offence, payable to the treasurer, or such other person as the by-laws shall direct, and recoverable by a proper action on such by-law, to be brought before a justice of the peace, resident in said borough, or in the town in which such borough is situated: Provided, that no by-law shall be repugnant to the laws of the state; and that all by-laws, made by the

warden and burgesses, shall be approved by the borough,

in legal meeting assembled, and, after being so approved,
shall be published, at least three weeks, successively, in
some public newspaper, published in said borough, or if
none, in the nearest, before the same shall be of any va-
lidity: and all by-laws, within eight months aster they
are made and published, as aforesaid, may be repealed
by the superio; court, holden in the county in which the
borough is situated, if said court, on a hearing, shall
adjudge them to be unreasonable and unjust.
sect. 11. The borough of Killingworth shall have
wer and authority to purchase or erect a building, or
uildings, for the establishment of a school within its lim-

Penalties limited ;

how recoverable.

ABy-laws to be approved and published.

Repealable by the superior court.

Powers of the borough of Killingworth as to schools;

its ; to establish a fund, or devise other means, for the support of the same ; to prescribe the different branches that may be taught therein; and to make all necessary regulations, and to exercise such powers, as the interest of said school may require : and to make by-laws, in manner aforesaid, relative to the improvement and preservation of the shell and scale fisheries, and taking fish within their said limits; provided, that in relation to said fisheries, said town of Killingworth shall have given their assent thereto; and relative to improvements made in deepening the water in the harbor of said borough. And the freemen of said borough, in legal meeting assembled, may appoint all proper officers necessary to carry into effect the by-laws relative to the regulations of said harbor, and of the shell and scale fisheries, within said limits. sect. 12. All grants or leases of real estate, belonging to said boroughs, signed by the warden, and sealed with the borough seal, and approved by the borough to which such estate belongs, in legal meeting assembled, and recorded in the town where the lands granted or leased lie, shall be good and effectual in law. sect. 13. Each borough shall have power, in legal meeting assembled, to appoint inspectors of every kind of produce of the United States, brought to the same for sale, or exportation ; and to appoint haywards, and all other officers not enumerated in this act, necessary to carry their by-laws into execution. sect. 14. The warden and burgesses of each borough, shall have power to form, continue, and regulate a firecompany, and enlist a sufficient number of firemen to fill the same ; and in case a sufficient number cannot be enlisted, to appoint a sufficient number to fill up the same, and make all suitable and necessary by-laws for regulating such fire-company. sect. 15. The warden, burgesses, bailiff and clerk of each borough, and the inspectors of produce, shall be sworn to a faithful discharge of their duty ; and the form of the oath to be taken by the warden and burgesses, shall be as follows: You, A. B. being elected warden (or burgess, as the case may be) of the borough of , do swear, that you will faithfully and uprightly discharge the duties of that office, so long as you shall hold the same ; so help you God. And the form of the oath to be taken by the clerk, shall be as follows: You, A. B. being clerk of the borough of , do swear, that you will faithfully attend, and execute the office of clerk, according to your best skill, and make true entries and records of all the votes and proceedings of said borough, and such other matters as by law, or by the by-laws of said borough, 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 : and that the oath to be taken by the bailiff, shall be the same mutatis mutandis, as is prescribed by law to be taken by constables ; and the form of the oath to be taken by the inspectors of produce, haywards and other subordinate officers, shall be the same mutatis mutandis, as is by law prescribed for surveyors of highways. Which oath may be administered by any Justice of the peace of the county, in which the borough is situated, or if none be present, by the clerk of the borough 5 and the clerk shall make a true record of the administering of such oath, and by whom, before the person to whom the same has been administered, shall be able to execute the office to which he is chosen.

as to shell
and scale fish-
eries;

as to deepen-
ing the water
in the harbor.

Power of conveying real estate;

of appointing inspectors;

of forming and regulating a fire-company.

Officers to be sworn.

Form of oath, for warden, &c.

for clerk;

.

sect. 16. Whenever the warden, or other officer, shall resign, or be removed, by death or otherwise, another shall be chosen in his place, to hold the office for the same period as the person he succeeds was entitled to holdit: and the warden of each borough, or in his absence, the senior burgess present, at any meeting of the borough, or of the warden and burgesses, shall, ea officio, be moderator thereof; and each borough may, at any time, hold special borough-meetings, whenever, in the opinion of the warden and burgesses, or a majority of them, the circumstances of the borough require it; and the vote or choice of the major part of the freemen present at any legal meeting, shall be considered as the vote or choice of said borough.

sect. 17. And the inhabitants living within the limits of either of said boroughs, shall remain and continue inhabitants of the towns in which such boroughs are situated, entitled to all privileges, and subject to all burdens, in the same manner as if this act had never been passed. And if this act, or any provision therein contained, shall be found inconvenient, or in any respect inadequate, the same may be repealed, altered or revoked, by the general assembly.

CHAP. II.

An Act giving additional powers to the Borough of Bridgeport.

SECT. 1. B'. it enacted by the Senate and House of Representatives, in General Assembly contened, That the corporate meetings of the wardeu and burgesses

for bailiff.

for inspectors, &c.

By whom administered, and recorded.

Vacancies, how supplied.

Moderator.

Special meet ings.

Inhabitants of boroughs to be inhabitants of the towns.

Power of re. vocation.

Court of burgesses

may cause grounds to be raised or drained,

at the expense of the proprietors.

Mode of collecting monies for such purpose.

of the borough of Bridgeport, shall, in all legal acts and proceedings, be styled the court of burgesses; and that the clerk of said borough shall be clerk of said court of burgesses; but said court of burgesses shall have power to appoint a clerk, pro tempore, in the absence of the clerk of said borough.

sect. 2. Said court of burgesses shall be, and they are hereby empowered, to cause all grounds in said borough, where water at any time stands, or becomes stagnant, either in the open air, or under buildings (in the opinion of said court of burgesses,) to the annoyance, either of the health or comfort of the inhabitants of said borough, or any of them, to be filled up or drained, as the case may be, and to raise such buildings, if need be, so high that the grounds under them may be filled up, and to give liberty or orders to the proprietor or proprietors of such buildings or grounds, to raise, fill up or drain the same, at his, her or their own expense; and designate how high such buildings, shall be raised, and such grounds filled up, and where and how deep and wide such drains shall or may be dug; and if such proprietor or proprietors shall neglect to raise such buildings, and fill up such grounds, or dig such drains, in such manner, and within such time as said court of burgesses shall have designated, and limited, said court of burgesses may employ some meet person or persons, to raise such building or buildings, and to fill up or drain such grounds. and may adjust the expences thereof, and apportion and assess the same on the proprietors of the buildings so raised, or grounds so filled up or drained ; and may also assess the damages which may be done to any particular proprietor, by cutting such drains through his or her land, which damage shall be paid by the proprietors of the lands so drained. And the warden or senior burgess of said borough, shall issue a warrant of distress to the bailiff, or to any other proper officer, living within said borough, who is hereby authorized to receive and execute such warrants, or to an indifferent person, against the goods, chattels, lands and bodies of the persons so assessed, if the case so requires, setting forth the sum assessed upon, and due from each proprietor, and authorizing such bailiff, other officer or indifferent person, to whom such warrant shall be directed, to collect the sum so assessed upon and due from each proprietor; and such bailiff, other officer or indifferent person, shall proceed in the same manner, and have the same powers, and be under the same regulations in making such collection, as the law prescribes in case of collectors of public taxes, and shals account to the court of burgesses.

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