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Title 10. Bounds..... Title 11. Boroughs.
against the other party, for the recovery of such articles of book debt as might have been adjusted and settled in the trial of the former action, if he recover judgment for such debt, he shall not be allowed any costs ; unless he make it appear, to the satisfaction of the court before whom the trial is, that he had no knowledge of the former suit, before the time of trial, or was inevitably hindered from appearing and exhibiting his account as aforesaid.
TITLE 10. Bounds.
An Act to ascertain the Bounds of Towns.
once in three
E it enacted by the Senate and House of RepSECT. 1.
resentatives, in General Assembly convened, That every town shall procure their bounds to be set out by plain and durable marks and monuments, which Towns to set shall be a large heap of stones, or a ditch six feet long,
out bounds. and two and a half feet wide, of ordinary depth, at every comer, and once in every eighty rods, in the lines running from corner to corner.
SECT. 2. And once in three years, in March, April, October, or November, the select-men of the adjoining towns, Towns to re. shall appoint two or more persons to perambulate the new bounds lines, and renew the bounds and monuments between the towns, on forfeiture of fourteen dollars, by every
years; town who shall neglect the same, one half to the use of penalty for the town with whom they refuse to join in perambulation, neglect. and the other half to the treasury of the county ; and in case both the ad oining towns neglect to perambulate, the one half shall be to the use of him who shall
prosecute to effect, and the other half to the treasury of the county. And it shall be the duty of the select-men of the most ancient town, to give six days notice, to the select-men of the adjoining town, of the time and place of meeting for such perambulation; and each town shall pay the charge of the persons appointed by them for that purpose.
TITLE 11. Boroughs.
An Act incorporating the Boroughs of Bridgeport,
Stonington, Guilford, Killingworth and Essex.
E it enacted by the Senate and House of Rep-
resentatives in General Assembly convened, That all the electors of this state, inhabitants of the town
Limits of of Bridgeport, in Fairfield county, living within the fol-
lowing bounds, to wit :-beginning at the sea at the south
hereafter, one body corporate and politic, in fact and in Name of cor
name, by the name of The Warden, Burgesses and Freeporation. men of the Borough of Bridgeport. And all the electors Limits of the
of this state, inhabitants of the town of Stonington), in borough of
New-London county, dwelling and inhabiting within the
west road, leading from Stonington port to the post-road
whereon there stood a wharf and store, from thence by and with said point and shore, at low water mark, in an easterly direction, to the creek and bridge, the first mentioned bounds ; be, and the same are hereby ordained, constituted and declared to be, from time to time, forever hereafter, one body corporate and politic, in fact and in name, by the name of “ The Warden, Burgesses and Free Name of cor
poration. men of the Borough of Stonington." And all the electors of this state, inhabitants of the town of Guilford, in New
Limits of the Haven county, dwelling and inhabiting within the follow- borough of ing bounds, to wit:--beginning at the most southerly part Guilford. of Hogshead-point, so called, on the eastern side of the barbor in said Guilford ; thence running in a straight line westerly, to the inner scow channel rock, at Mulberrypoint; thence by high water mark, to the south-westerly point of the West-river; thence on the west bank of said river, to Bradley's ship-yard ; thence across the road so as to strike the most westerly bend of said river, a few rods north of said road ; thence by the western bank of said river, to the brook which empties into said river, a little north of Linus Sexton's dwelling-house; thence by said brook across the road; thence by the western line of the North-Guilford road, so as to include the dwelling. house of Bille Chittenden ; thence in a line due east, to the brook a little south and east of the dwelling-house of Abraham Evarts ; thence down said brook to East-creek; thence down said creek to the Sawpit-bridge, so called ; thence in a straight line to the eastern part of the Farmer 3 wharf on the banks of the East river; thence in a straight line to the first mentioned bounds; be and the same are hereby ordained, constituted and declared to be, from time to time, forever hereafter, one body corporate and politic, in fact and in name, by the name of " The War- Name of corden, Burgesses, and Freemen af the Borough of Guilford.” poration. And all the electors of this state, inhabitants of the town Limits of the of Killingworth, in Middlesex county, dwelling and in- borough of habiting within the following boutics, to wit :--beginning Killingworth. at the southern extremity of the division line, between the towns of Killingworth and Guilford, on Long-islandSound; thence northwardly, on said division line, to Farm-Bridge, on Hamanasset river; thence north on said line to Hatter's Creek, so called, which empties into said river; thence following said creck northeasterly, until the said creek crosses the Nodd road, so called; thence north-eastwardly, in a direct line, so as to include the house of Jedediah Buell; thence north-eastwardly, so as to include the house of Samuel Kelsey ; from thence, following the highway, leading to the house of Jesse Buell, and including said house ; thence south-easterly, so as to in
clude the house of Eber Wilcox; thence south-easterly, so as to include the house of Asa Kelsey ; thence eastwardly, on the highway, to the place where it intersects with the Brush-Hill road, so called ; thence southwardly, by the road leading to the house of Harvey Buell, and including the same; from thence, in a line due south, to the southern boundary of the state of Connecticut, on Long-Island sound; thence westwardly, following said last-mentioned boundary, to the first mentioned bounds ; be, and the same are hereby ordained, constituted and
declared to be, from time to time, forever hereafter, one Name of cor
body corporate and politic, in fact and in name, by the poration. name of The Warden, Burgesses, and Freemen of the
Borough of Killingworth.” And all the freemen of this bor: ugh of
state, inhabitants of the town of Saybrook, in Middlesex Essex. county, dwelling and inhabiting within the following
bounds, to wit :-beginning at the most north-easterly part of a stone wharf or pier, owned by Jesse Murray and others, a little northerly of Pettipauge wharf; thence northwesterly, in a right line, to the northeast corner of NewCity wharf; thence southwesterly, in a right line, to a small apple-tree, standing on George Williams' land, about six rods northerly of said Williams' dwelling-house; thence southerly, in a right line, to a small oak tree, standing at the lower side of a ledge of rocks, about fifteen rods north-westerly of Dr. Gideon A. Dickinson's dwelling-house; thence south-easterly, in a right line, to a large button wood or button-ball tree, standing in the highway near the dwelling-house of Thomas Tripp; thence in an easterly direction, in a right line, across the south cove, so called, to an old stone pier, owned by Benjamin H. Meigs and others, situated a little southerly of the south cove channel ; thence in a northerly direction, in a right line, to the first mentioned bound; be, and the same are hereby ordained, constituted and declared to be, from
time to time, forever hereafter, one body corporate and Name of core politic, in fact and in name, by the name of “ The Wurden, poration.
Burgesses, and Freemen of the Borough of Essex :” and by those names, they, and each of said boroughs, and their successors forever, shall have perpetual succession, and shall be persons in law, capable of suing and being sued, pleading and being impleaded, in all suits of what nature soever; and also to purchase, hold and convey, any estate, real or personal, and may have a common seal, and may change and alter the same at pleasure, and shall
be freemen of said boroughs respectively. Annual meet
SECT. 2. There shall be an annual meeting of the boinge in the sev. rough of Bridgeport in November, of the borough of eral boroughs.
Stonington in March, of the borough of Guilford in March, of the borough of Killingworth in September, and of the borough of Essex in May, at such times and places, as by the by-laws of said boroughs respectively, shall be directed, for the purpose of choosing all the officers of said boroughs; and the officers chosen at such meeting, shall continue in office for the term of one year, after the expiration of the month in which they are chosen, unless others shall be sooner chosen and qualified in their stead.
SECT. 3. Each of said boroughs, at their annual meeting, legally assembled, shall choose a warden, six burges- Officers ses, a clerk, treasurer and bailiff; all which officers shall
Mode of elec be chosen by ballot, and on each ballot which shall be
election. given in, shall be written the name of the person, for whom the same is given; and such ballot shall
, by the person giving in the same, in the presence of the warden and burgesses, or such of them as are present at such meeting, be put into a proper box for that purpose, by each of said boroughs to be provided; and when the freemen present, at any such meeting, shall have had a reasonable time to give in their ballots, the warden, or in bis absence, the senior burgess present, in the presence of the meeting, shall open the box, sort and count the ballots, and the person who shall have the majority of ballots given in, shall, by the bailiff, or in his absence, by the junior burgess present, be declared to be elected; and no ballot shall be received after the box shall have been opened.
SECT. 4. And each borough, in legal meeting assem- Power of adbled, shall have power, with the concurrence of the war- mitting to the
freedom perden, and a majority of the burgesses, to admit to the free
sons without dom of the borough, all such electors of this state, the limits. inhabitants of the town or towns from which such borough is taken, living without the limits thereof, but holding real estate, or doing regular business therein ; which persons, so admitted, shall be entitled to all the privileges of freemen of such borough.
SECT. 5. Each borough, in legal meeting assembled, Power of levy, shall have power to levy taxes on the polls and rateable ing taxes. estate. within the limits thereof, for such purposes as they shall think proper, and to choose a collector or collectors to collect such taxes, who shall, having received a warrant for that purpose, signed by the warden, have the same
Powers and power as collectors of town taxes have; and shall be ac- duties of colcorintable to the warden and burgesses in the same manner, as collectors by law are accountable to select-men. And in case any collector shall not perform the trust committed to him, but shall fail of collecting such tax