granted to him, to render a judgment on default, or to continue the action, as the case may require. SECT. 12. The mayor of each city, or in his absence, Special courts, the senior assistant judge of each city court, may, at the how called. special instance and cost of any person moving therefor, hold a special city court, at such time and place, within said city, as the mayor or judge, ordering the same, shall appoint; which court shall proceed in the same manner, have the same power and authority, and, in all respects, be under the same regulations as the stated city courts of the city and all the taxable fees of city courts shall be the Taxable fees. same as taxable fees of county courts. And the several city courts shall have power to appoint attornies for their Attornies. respective cities, who shall be sworn to a faithful discharge of their office; and such attornies shall have power to sue and prosecute for all penalties for the breach of the by-laws of said cities, in the name of the city, by proper action before the city court. SECT. 13. The mayor and aldermen of the several cit- Mayor and alies, respectively, shall severally, within the limits of the dermen to city to which they belong, have cognizance of all civil have power of justices of the causes, by law cognizable by a justice of the peace, pro- peace. vided the cause of action arise within the limits of such city, and one or both of the parties live within the same; and the mayor and aldermen shall, as to the causes by them severally cognizable, have the same power and authority, and proceed in the same manner, as justices of the peace now, or hereafter may, have and proceed. And an Appeals. appeal shall be allowed from the judgment or determination of said mayor and aldermen, in any cause by them cognizable, severally, to the next city court, to be holden within said city, in all causes in which an appeal is now, hereafter shall be, allowed from a judgment of a justice of the peace; the prevailing party, however, if plaintiff, may, such appeal notwithstanding, take out an execution on such judgment, provided he give a bond, before the mayor of such city, or one of the judges of the city court, in the same manner as is provided in the case of appeals from the city court. And in every action brought before the mayor, or either alderman of the city where they belong, in which the plaintiff lives without the limits of such city, or in which the plaintiff is a mariner or seaman, suing for wages due to him for service in his occupation, and the defendant lives within the limits of the city, no appeal shall be allowed to the defendant. or SECT. 14. The taxable fees, in all causes cognizable by Taxable fees. the mayor, or any of the aldermen of a city, severally, shall be the same as taxable fees, in like cases, before justices of the peace. And the processes, in all actions Processes; how signed. brought to city courts, shall be the same as processes to the county courts; and the processes in actions brought before the mayor, or one of the aldermen of any city, shall be the same as in actions brought before a justice of the peace; which process shall be signed by the governor, lieutenant-governor, or justice of the peace, or by the mayor, or one of the aldermen of the city, or clerk of the city court, where the process is to be served, and shall be served by a sheriff, deputy-sheriff, or constable, to whom directed, according to law, and the provisions of Bonds of pros- this act. And all bonds for prosecution, taken by any of the officers hereby empowered to sign writs, shall be good and effectual; and bonds for prosecution, special bail, and bonds for appeal, shall be taken to the adverse party: Provided, that no writs, (executions excepted,) or processes, signed by the mayor, or either of the alder men, shall be of any effect, without the limits of the city to which they belong. écution. Proviso. Time of service before the court. SECT. 15. When the defendant, who is sued to any city court, lives within the limits of the city, the writ the sitting of shall be served upon him, at least six days before the sitting of the court to which the writ is returnable: but if the defendant lives without the limits of the city, the writ shall be served at least twelve days before the sitting of the court; and all writs returnable to a city court, shall be returned to the clerk thereof, on or before the day of the sitting of the court, and before the first opening of Return of writs. Writs returnable before mayor or aldermen. Penalty on sheriffs &c. for neglect of duty. such court. SECT. 16. The writs that are returnable before the mayor, or either of the aldermen of a city, shall, if the plaintiff and defendant both live within the limits of the city, or if the plaintiff live without, and the defendant live withm the limits of such city; or if the plaintiff be a mariner or seaman, suing for wages due to him for service in his occupation, and the defendant lives within the limits of the city; be served upon the defendant, at least three days before the sitting of the court to which it is returnable; but if the defendant lives without the limits of the city, the writ shall be served upon him, at least six days before the sitting of the court to which it is returnable. SECT. 17. In case any sheriff, deputy sheriff or constable, shall not serve a writ directed to and received by him, that is returnable to a city court, or shall neglect to make return of said writ, or shall make a false return thereof, and a suit for such default be brought against him, to such city court, by the person, his executor or administrator, in whose favor the suit issued, and the defendant be found in default, the court, over and above awarding just damages to the party, shall, on said suit, set a suitable fine upon the defendant, according to the nature of the case, and may issue execution for the same; which fine shall be to the treasury of the city. SECT. 18. The mayor, aldermen, and common council of each city, shall annually meet for the election of jurors. They shall meet in the city of Hartford, in the month of March, and shall choose seventy-two freemen of the Jurors, how city, or such greater number not exceeding one hundred chosen. and twenty, as the mayor, aldermen and common council, shall judge necessary to serve as jurors at city courts. They shall meet in the city of Middletown, on the first Monday of February, and then choose thirty-six freemen of said city, or such greater number, not exceeding seventy-two, as said mayor, aldermen, and common council, shall then judge necessary, to serve as jurors at city courts. They shall meet in the city of New-Haven, on the first Monday of July, and then choose one hundred and forty-four freemen of said city, to serve as jurors at the city court. They shall meet in the city of New-London, on the first Monday of July, and then choose forty or more of the freemen of said city to serve as jurors at the city court. They shall meet in the city of Norwich, on the first Monday of August, and choose a number not exceeding one hundred and forty-four freemen of said city, to serve at the city court. And in each of said cities, they shall return Return. the names of the jurors, chosen as aforesaid, under the hand of the mayor of the city, if present, or in case of his absence, under the hand of the senior alderman present at such meeting, to the clerk of the city court, who shall write each juror's name thus chosen, fairly, on a separate piece of paper, and roll up and put the same into a box, which he shall provide and keep for that pur put names in pose: and whenever either sheriff of any city, shall receive a warrant from the clerk of the city court, to summon a jury to appear before said court, the sheriff Jurors, how receiving such warrant, taking with him one of the alder- drawn. men of the city, shall repair to the clerk's office, and there, in the presence of such alderman and clerk, shall take out of said box, as many papers as his warrant directs; andthe persons whose names shall be found written therein, shall be summoned to appear before the court, to which the warrant is returnable, to serve as jurors, and in case of neglecting to attend. shall be liable to such penalties as shall be, by the by-laws of the city, inflicted for such neglect ; and in case a complete panel shall not attend, or in case any shall be challenged or excused, the sheriff attending the court, shall supply the deficiency,. by drawing, in the presence of the court, others out of the said box, and summoning them to attend and serve, until Clerks shall a box. the panel shall be complete and the names of such jurors as do not attend, or are excused, shall be returned into the box, and shall be liable to be drawn again. And the oath to be taken by the jurors, shall be the same 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 separate piece of paper, and shall be rolled up and put into another box, which the clerk of the court shall provide for that purpose, and shall be liable to be drawn again, in case there shall not, by reason of death, removal or other cause, be a sufficiency in the other box, to complete the panels for that year in which they are chosen to serve. Provided, that the judges of each city court, shall have power to try and decide all issues in fact, that shall come before them, by themselves, or by a jury of six freemen, where both parties shall agree to it. SECT. 19. The mayor, aldermen, sheriffs, common council, and clerks of each city, shall be sworn to the faithful discharge of their duty; and the form of the oath to be taken by the mayor of each city shall be as follows, to wit: You being elected mayor of the city of do swear by the name of the everliving God, that you will, do you will deliver true copies of the records in your hands, when they shall be required of you, taking only your law ful fees: So help you God. Which oaths may be ad- By whom administered by a justice of the peace, or by the mayor, or ministered. either of the aldermen of the city, provided they have been first sworn according to this act. And the person administering the oath, prescribed by this act, shall give a Certificate certificate thereof, to the person to whom he adminis- be given tered it, which certificate shall be recorded in the re- and recorded. cords of such city, before the person to whom it is given, shall be capable of executing the office to which he is chosen. SECT. 20. There shall be a court of common council of Power to each city, to be composed of the mayor, aldermen, and make by-laws. common council, who, by a major vote, shall have power to make by-laws, relative to markets and commerce, within the limits of said cities; relative to persons summoned to attend as jurors at city courts, and neglecting to attend, or refusing to serve ; relative to the streets and highways of said cities; relative to nuisances; relative to the wharves, channels, anchoring and mooring of vessels; relative to trees, planted for shade, ornament, convenience, or use, public or private, and to the fruit of such trees; relative to trespasses committed in gardens; relative to the sweeping of chimnies; relative to the forms of oaths to be taken by the treasurers of said cities, and the inspectors of produce brought to said cities for sale or exportation; relative to the manner of warning meetings of said cities, and the courts of common council, and the times and places of holding them; relative to the qualifications, in point of property, of the mayor and aldermen; relative to the bonds to be given, by the sheriffs of said cities, for a faithful discharge of their duty; relative to the penalties to be incurred by those, who, being chosen to any city office, shall, (not being excused by the city.) refuse to serve; relative to a city watch; relative to the burial of the dead; relative to public lights and lamps; relative to restraining horses, cattle, sheep, swine, and geese, from going at large within the limits of said cities; relative to the mode of taxation, as to taxes levied by said cities; relative to preserving said cities from exposure to fire; and to prevent the future erection of any building or buildings, in the most compact and populous part of said cities, or the alteration, or appropriation of any buildings already erected, to be used for baker's shops, blacksmith's shops, hatter's shops, or tallow-chandler's shops, or any other buildings, for those or similar purposes, which, in the opinion of the common council of said cities, respectively, shall more immediately expose said cities to injury, and destruction |