THE 
 
 WITH ITS 
 
 AMENDMEITS 
 
 AND THE 
 
 OP THE 
 
 CITY OF MIDDLETOWN, 
 
 TOGBTHEa WITH 
 
 SUCH OTHER LAWS OF THE STATE AS RELATE TO CITIES. 
 
 COMPILED ASB PUBLISHED BY AUTHORITY OP THE CITY GOVERNMENT. 
 
 HVibblctonm : 
 
 PRESS OF WILLIAM J. 8TABB. 
 1857.
 
 CONTENTS. 
 
 PART I, SPECIAL ACTS. 
 PART II. GENERAL ACTS. 
 
 CITY ORDINANCES. 
 
 BYLAW I. MAYOR, AND COMMON COUNCIL. 
 BY-LAW II. POLICE. 
 
 BY-LAW III. TAXES, REVENUES, AND EXPENDITURES. 
 BY-LAW IV. FIRES. 
 
 BY-LAW V. PUBLIC GROUNDS AJTD STREETS. 
 BY-LAW VI. HEALTH. 
 BY-LAW VII. REPBAL or TORM, BY-LAWS. 
 INDBX. 
 
 2012427
 
 To the Freemen of the City of Middletown. 
 
 You have herewith presented to you the Charter of the City of Middletown, 
 with the Amendments and Additions thereto, and the Public Acts relating to 
 cities, together with the entire code of By-laws, the whole arranged for easy 
 reference by suitable marginal notes followed by a copious index. 
 
 The City of Middletown received its first charter as early as A. D. 1784. 
 From that time to 1821, several acts additional or amendatory to the charter 
 were passed, when the whole were revised, the revision being made alike appli- 
 cable to the cities of Hartford, New Haven, New London and Middletown. 
 
 From 1821 to 1856, several amendments were made to the revised charter, 
 the most important of which were the substitution of a Recorder in the place of 
 the Mayor as presiding judge of the City Court, and the clothing of the Mayor 
 with additional executive powers. 
 
 A leading feature in all city charters is the power conferred to enact by-laws 
 on particular subjects, which when properly done, have all the force of statutes 
 emanating from the charter making power. 
 
 Pursuant to the power thus given, laws or ordinances of this character were 
 OTacted by the city at various times during the entire period from 1784 to 1856, 
 but during that period no very perfect, well digested code had been formed, 
 Such by laws as were enacted, were published doubtless as required in the pa- 
 pers of the city, at the time of their enactment, and one or more attempts were 
 made to put them in pamphlet lorm. 
 
 Under these circumstances, it was not easy to arrive at a correct knowledge 
 of our municipal regulations, and as laws to be obeyed must be known, and as 
 it is the duty of those in authority to afford all reasonable facilities for such 
 knowledge, the necessity for a revision and republication in proper form was ap- 
 parent. 
 
 The subject was brought to the attention of the city government early last 
 year, but before any action could with propriety betaken, it was proper that 
 existing defects, of which it was evident there were several in the charter, should 
 first be corrected. 
 
 A revision of the charter was accordingly ordered and accomplished, and after 
 passing the Municipal Board was submitted for your approval, which for want 
 of time and other causes, it failed to receive as a whole, but instead thereof, 
 several of its more important sections were adopted, with some modifications, 
 and on application to the Legislature received the sanction of that body, and 
 became on your acceptance, an integral part of the txibtii'g charter ol the 
 city on the 4iL day of January, last ,
 
 INTRODUCTION. 
 
 The present Common Council, soon after entering'upon their duties, resumed 
 the work which their predecessors had commenced, and early, in the season di- 
 rected the collation of the charter and its amendments together with the pub- 
 lic acts relating to cities in a suitable form for publication. They also directed 
 the revision of the entire code of by-laws. 
 
 The by-laws thus revised, after receiving the approval of the Common Coun- 
 cil, received also your approval, and were thus duly enacted on the 13th day o* 
 October last. In comparing them with the by-laws previously in force, it will 
 be seen that several of the latter have been omitted as useless ; others have 
 been amended or altered, and several new ones have been added to meet the 
 increased wants of the city. In making the revision it was the aim to include 
 only such provisions, as were calculated to promote the best good of those who 
 were to come under their influence. 
 
 The code as a whole, is not claimed to be perfect, but is believed to be an im_ 
 provement on the one for which it has been substituted. The acts and proceed- 
 ings of the City Corporation and its Officers, in order to be creditable and effec- 
 tive, must be in accordance with the powers possessed under the charter and the 
 rules or ordinances established under its authority, and it should not be forgot- 
 ten that however good and wholesome the regulations adopted may be, their 
 qualities in this respect will be of no avail unless understood and enforced. 
 The present publication will bring them to the knowledge of all disposed to be- 
 come acquainted with them, and it is to be hoped that such an increase 
 of interest in whatever pertains to the welfare and prosperity of the 
 city will hereafter be manifested as will ensure their enforcement. 
 
 The concluding by-law repeals all previous by-laws, so that no occasion can 
 exist for exploring records for laws of that character, which may have been 
 enacted at any previous time. 
 
 By order of the Common Council, ^ 
 
 EDWIN F. JOHNSON, Mayor. 
 CITY OF MIDDLETOWX, December IStb, 1857.
 
 STATE ACTS.
 
 PART I. 
 
 SPECIAL ACTS OR THOSE ACTS AND PORTIONS OF ACTS WHICH RELATE 
 
 PARTICULARLY TO THE CirY OF MlDDLETOWX. 
 
 An Act incorporating the Cities of Hartford, New Haven, New 
 London, Norwich, and Middletown. 
 
 May, 1784. 
 
 [This Act has been superseded by that of 1821 or has other- 
 wise become obsolete, with the exception of one clause in Sec. 
 36, which is still in force,] as follows : 
 
 * * * * Such record [the record of the clerk's k c i n o C i erkma mak 
 chosen and sworn,] may be made by clerks hereafter chosen, rec ord of ifia 
 of their being chosen and sworn, and shall be good and en'ectual,election. 
 any thing in this act to the contrary notwithstanding. 
 
 Resolve establishing a Fire Engine Company in the City of 
 Middletown. 
 
 May, 1803. 
 
 Resolved by this Assembly, That full power be, and is here- 
 by granted to the mayor, aldermen and common council [coun- 
 cilmen] in and for said city to cause to be raised, established,^ engine 
 and organized within the limits thereof, a fire engine compan 
 to consist of any numbers of said inhabitants not exceedingly, 
 twenty, and to exempt them from military duties for and dur- 
 ing the time they shall actually serve therein.
 
 2 Additional Fire Company. CHARTER. Side-walks. 
 
 Additional Act, authorizing a second Fire Engine Company of 
 sixteen men. 
 
 October, 1810. 
 
 Be it enacted by tlie Governor and Council and House of Represen- 
 tatives in General Court assembled, That power and authority be, 
 and hereby is granted, to the court of common council, [the corn- 
 Fire engine mon council,] for the city of Middletown, at their annual or 
 teen!""^ other legal meetings, to nominate and appoint an additional 
 company, to consist of sixteen men, living within the limits of 
 said city, as firemen ; and that upon such nomination and ap- 
 pointment, the persons designated by said court, [said common 
 council,] shall be exempted from military duty, for and during 
 the time they shall actually serve in said capacity. 
 
 Additional Act authorizing the Court of Common Council to es- 
 tablish Side-Walks. 
 
 May, 1811. 
 
 SEC. 1. Beit enacted by the Governor and Council and House of 
 
 Represtnatives in General Court assembled, That the court of 
 
 common council [the common council,] of the city of Middle- 
 
 Common Coun-town, be, and they hereby are authorized and empowered, from 
 
 t 
 
 > as public convenient may require, to designate 
 .and fix the width, course, height and level of side-walks, in and 
 upon the streets and highways in said city. 
 
 SEC. 2. For the purpose of rendering such side-walks con- 
 venient, said court of common council [said common council,] 
 (a) see Act of ma y from time to time, give orderfa) to the proprietor or pro- 
 1835, Sec. 1. e t ors o f the lands and buildings fronting on such side-walks, at 
 May order pro-^ ie ^ r own expense, to level or raise the same on their several 
 prietorstomakefronts, according to the width, course, height and level designa- 
 tlftr WalkS at ted as aforesaid ; and also, to pave or to flag, and to protect by 
 pense. posts or otherwise, and to improve in such manner as said court 
 
 of common council [said common council,] shall direct, any side- 
 walk in said city, as well those which have been heretofore de- 
 signated by said court of common-council, [said common council,] 
 in pursuance of the by-laws of said city, as those which shall 
 hereafter be designated in pursuance of this act. And said 
 - c<H$of common council [&aid common council,] may limit such 
 time as they may deem reasonable, for leveling or raising, and 
 for paving, flagging and improving such side-walks. And in 
 cases where the land or buildings fronting on such side-walk, 
 shall be holdcn for a term of years, or any other estate less than 
 fee simple, said court of common council [said common council,] 
 may by their order, apportion in such manner as they shall judge 
 right, the expense of raising or leveling, paving, flagging or im-
 
 Sidewalks. CHARTER. How ordered. 3 
 
 proving such side-walk, among the different persons having anMay apportion 
 interest in the lands or buildings, holden as aforesaid. expenses. 
 
 SEC. 3. If any proprietor or proprietors shall neglect (a)tolev-( a ) 8ee Act of 
 el or raise, or to pave, flag or improve any such side-walk, inl35 ( Sec. 2. 
 such manner, and within such time as said court of common 
 council [said common council,] may direct and limit ; said 
 court of common council [said common council,] may, in such 
 case, appoint and employ some meet person to raise and level, 
 and to pave, flag, or improve such side-walk, on the front of the 
 proprietor or proprietors neglecting as aforesaid ; and may ad- 
 just and liquidate the expense thereof, and order the same to 
 be paid by the proprietor or proprietors neglecting as aforesaid, proceedings in 
 and appoint a collector or collectors, to collect of each proprie- case f neglect, 
 tor the sum or sums respectively ordered to be paid as aforesaid, 
 and pay the same within such time as said court of common 
 council [said common council,] shall limit, and to such person , 
 
 as they shall appoint to receive the same, for the purpose of de- 
 fraying such expense ; and said court of common council [said 
 common council,] shall cause such collector duly to account 
 therefor ; and the mayor or one of the aldermen of said city, 
 shall issue a warrant (b) of distress to such collector, authorizing(6) see Act of 
 him to collect of such proprietor or proprietors respectively, 1835 ' &ec - 3 - 
 the sums ordered to be paid as aforesaid ; and every such col- 
 lector shall have the same powers, proceed in the same man- 
 ner, and be under the same regulations, as the law prescribes 
 in case of collectors of public taxes. 
 
 SEC. 4. When any side-walk shall cross a street or highway, 
 said court of common council [said common council,] m ay Side- walks cros- 
 cause the same, in such place, to be suitably leveled, or raised, sin 8treets - 
 and paved or flagged at the expense of said" city. 
 
 SEC. 5. If any person or persons shall be aggrieved by the 
 doings of the common council, under this act, such person or 
 persons may prefer his, her, or their complaint to the next coun-jfode of redress- 
 ty court, (c) in the county of Middlesex against said city, byini, grievances, 
 causing a copy of such complaint to be left with the clerk of said 
 
 city, at least twelve days before the sitting of said court ; and^ ? up D ri vK 
 t '3 i t i i i i 11 i K oooii, "ublic 
 
 it said court, on hearing of such complaint, shall be of op in ion Acts of 1855, 
 
 that any part, or the whole of the expense, ordered to be paid byP a 8 e 29 - 
 such person, ought to be borne by said city, said court shall or- 
 derand direct that such complainant or complainants be relieved 
 from the payment of such part, or from the whole of such ex- 
 pense, as to them may appear just and equitable ; and shall or- 
 der that the expense for which relief shall be granted as afore- 
 said, be paid by said city ; and if it shall appear on such hear- 
 ing, that such complainant or conmlai'-ants have actually paid 
 any sum or sums of money, in consequence of any order made 
 by said court of common council [said common council,] as afore- 
 said, which ought to be refunded ; said county [superior,] court 
 may grant execution in favor of such complainant or complain- 
 ants against said city, for ^aid sum or sums.
 
 4 Elections. CHARTER. Manner of Voting:. 
 
 An Act incorporating the Cities of Hartford, New Haven, New 
 London, Norwich and Middletown. 
 
 May, 1821. 
 
 SEC. 1. [The portion which relates to the City of Middle- 
 town is superseded by the 1st and 2nd sections of the Act of 
 1856.] 
 
 SEC. 2. [Relates to the City of Hartford.] 
 SEC. 3. [The first part of this section refers to the an- 
 nual meeting and to the election of officers. The last sentence 
 of the section refers to the length of office. Both are rendered 
 unnecessary by Sec. 3. of Act of 1856. The remainder of the 
 section gives the mode of voting and defines the duties and 
 powers of the clerk and treasurer.] 
 
 Mode of voting ^hich ballot [containing the names of the officers to be voted 
 for] shall be rolled up, and, in presence of the mayor and alder- 
 men, present at such meeting, put, by the person giving the 
 same, into a box, which each city shall provide for that pur- 
 pose ; which shall be a close box, with an aperture in the lid, 
 of a convenient size, through which to put in the ballot ; and 
 when the freemen present at any meeting, shall have had rea- 
 
 (a) See Act ofsonable (a) time to give in their ballots, either of the sheriffs of the 
 
 1854, Sec. 2. city, or in their absence, the junior alderman present, in pres- 
 ence of the mayor and aldermen, or such of them as are present 
 at such meeting, shall open the said box, and the mayor and al- 
 dermen, or such of them as are present, shall open, sort and 
 
 (6) see Act ofcount the ballots, and the person who shall have a (b) majority of 
 
 1856, Sec. 3. the ballots given in, shall, by the sheriffs, or in their absence, 
 by the junior alderman present, be declared to be elected ; and 
 no ballot shall be received after the box shall have been opened. 
 
 C1 k Each of said cities shall choose a clerk, who shall make true 
 
 and regular entries of all the votes and proceedings of the city ; 
 and the records, by him kept, shall have the same validity as 
 
 Treasurer *^ e recor( ls f town clerks ; and shall also choose a treasurer 
 for each city, to continue in office during pleasure, who shall 
 have the same power and authority as town treasurers, and 
 shall be accountable to the city appointing him. 
 
 SEC. 4. Every person, who shall have dwelt one year in any 
 
 Qualifications of f said cities, shall be deemed an inhabitant of such city, so far 
 only as to give him a right to vote in the meetings of such 
 city, so long as he shall continue afterwards to dwell there- 
 in ; provided such person shall have the other qualifications 
 required by law, to entitle him to vote in such meeting. No 
 person .shall be entitled to vote in any meeting of said cities, 
 until he shall have dwelt therein one year, unless he be a le- 
 gally settled inhabitant of the town in which such city is, 
 and an elector of the state, dwelling in such city. And if 
 any person not qualified according to law, shall vote at any 
 city meeting, in any of said cities, or being so qualified, shall,
 
 Freedom. Taxes. CHARTER. Sheriffs 5 
 
 in any such meeting, give in more than one vote at a ballot,p enft ] ty for vo . 
 for any person, to the same office, he shall forfeit the sum ofting illegally, 
 seventeen dollars to the treasury of the- state 
 
 SEC. ft. And .said cities, respectively, shall have power to 
 grant the freedom of their cities, to any person or persons liv- 
 ing without the limits of the same ; and the person to \vhom p t 
 such freedom is granted, shall, upon taking the oath by lawre-fr^om^Fcit- 
 quired, have right to vote at any of the elections, and in anyies. 
 city meeting in that city, by which such freedom is granted : 
 Provided, that no person shall, in virtue of such grant, be con- 
 sidered as entitled to the rights of a free citizen of the state, or 
 as acquiring a right of inhabitancy in that town, in which the 
 city granting such freedom* lies. 
 
 SEC. 6. [The proviso limiting the power of the city of Hart- 
 ford, is omitted.] Each city, in legal meeting assembled, shall . 
 have po\ver to lay taxes on the polls and ratable estates with-cities may lay 
 in the limits of the city, for such purposes as the city shalltaxes and ap- 
 think proper, agreeably to the privileges granted by this act ; pomt collector8 
 and to choose a collector or collectors, to 'collect such tax, who, 
 having received a warrant for that purpose, signed by the 
 mayor, or one of the aldermen of said city, shall have the same 
 power as collectors of town taxes, and shall be accountable to 
 the mayor and aldermen, in the same manner as collectors of 
 town taxes are to the selectmen ; and in case any collector 
 shall not perform his trust, then, on complaint by the alder- 
 men to the mayor of the city, he shall issue his warrant, under 
 his hand, directed to either sheriff of said city, to collect out of 
 the estate of the negligent collector, the sums due from him. 
 
 SEC. 7. The sheriffs of each city shall, within the limits of 
 the same, have the same power and authority as the sheri 
 of the counties, and shall be liable to the same penalties and 
 suits for neglect of duty ; and each city shall be liable for the 
 default of their sheriffs in their offices. And said sheriffs shall 
 severally give bonds, with .sureties, in such manner, as, by the 
 by-laws i)l' each city, shall be directed, for a faithful dischargeBonda. 
 of the duties of their office, before they shall be capable to exe- 
 cute the same ; and in case of their refusal, or either of them, 
 the city may appoint others in their room. 
 
 SEC. 8 [The times of holding court in Hartford, New Ha- 
 ven, New London and Norwich are ommittcd.J There shall be C] .. 
 holden in each city, in every month, a city court. Such courtwhen to be hoi- 
 shall be holden in Middletown, on the second Tuesday : which den - 
 courts shall have power to adjourn from time to time, and 
 shall have cogni/ance of all cases wherein the titleof land is not 
 concerned,cogni/cable by county [superior,] court, provided 
 the cause of action arise within the limits of said cities, andj uriad j ct j on< 
 one or both the parties live within the same ; and of any 
 suit or action that may be commenced by the president, di- 
 rectors, and company of any bank, in the city in which such 
 bank is established, on any writing obligatory, made pay- 
 able by the terms of it, at, and endorsed to such bank, not with-
 
 6 City Court. CHARTKR. Appeals. 
 
 standing such writing may have been executed, drawn, accept- 
 ed or endorsed, without the limits of such city. And said city 
 court shall have the same power and authority, and shall pro- 
 Mode of pro cee( j in the same manner, and grant executions, as county [supe- 
 rior] courts now or hereafter shall have power to proceed and 
 grant ; and the executions granted by the city courts shall be 
 served and returned in the same manner as executions granted 
 by county [superior] courts. And an appeal shall be allowed 
 to either party, from the judgment or determination of said 
 city courts, to the next superior court, to be holden in the coun- 
 ty in which such judgment is rendered, in all cases in which 
 an appeal is now or shall hereafter,' by law, be allowed from 
 county courts : but if judgment is rendered in favor of the plain- 
 tiff, he may apply to the city court, at the term when such judg- 
 ment shall be rendered, and if he can satisfy the court that 
 such appeal is taken for delay only, then such court may, at 
 eir discretion, notwithstanding such appeal, direct execution 
 plaintiff, on giv-to issue on such judgment, for the debt, or damages and costs, 
 iag bond, against the defendant or defendants, and the plaintiff may levy 
 the said execution, and collect the money thereon ; provided, 
 before taking out execution, he becomes bound, with two suffi- 
 cient sureties, before the mayor [recorder,] of the said city, or 
 one of the judges of said city court, in a recognizance, (which 
 recognizance the mayor [recorder,] of each city, and the judg- 
 es of the city courts, are respectively empowered to take,) in 
 double the sum of said judgment, that he will, within one week 
 after final judgment on the appeal, refund so much of the judg- 
 ment of said city court, as shall on such execution be collected, 
 and shall not by him be reovered before the court to which the 
 appeal is taken, and the interest thereof, together with the fees 
 on the execution, which shall accrue and be paid by the defend- 
 ant or defendants and no appeal shall be allowed on any sigit, 
 commenced on such recognizance. 
 
 If plaintiff live SEC. 9. And in every action brought before any city court, 
 outofcity,orbein which the plaintiff lives without the limits of the city, or is 
 appearS be a mariner or seaman suing for wages due to him for service 
 allowed, uniessin his occupation, and the defendant lives within the limits of 
 demand exceedfhg c j tv no a ,p pea i sna n be allowed to the defendant, unless the 
 one hundred and , J '. f , , 
 
 sixty-sereu doi-matter in demand exceed the sum of one hundred and sixty- 
 
 ars. seven dollars; but if the matter in demand exceed that sum, 
 
 an appeal shall be allowed to the defendant, in the same manner, 
 and under the same regulations as appeals are allowed in oth- 
 er cases, cognizable by city courts ; and no writ of error 
 brought for the reversal of any judgment of a city court, or 
 of the mayor, [the recorder,] or either ^of the aldermen of a 
 city, shall be a supersedes, or have any force to stay the issu- 
 ing, levying, or collection of execution. 
 
 Clerks ^ EC> 10 ' Eac ^ c5t ^ COUrt slia ^ liaVP P ower to a PP omt an d 
 
 swear a clerk for such court, to continue in office during pleas- 
 ure, who shall, as to matters relative to his office as clerk of
 
 City Court. _ GHAUT Bft. _ Clerk. Judges. 
 
 such court, have the same power and authority as clerks of coun- 
 ty[superior] courts have by law ; and the oath to be taken by the 
 clerk shall be the same, mutatis mutandis as the oath provided 
 by law to betaken by the clerks of the county [superior] courts. 
 
 SEC. 11. The mayor [recorder,] of each city, for the timemayor is given 
 being, and the two aldermen first chosen, at the annual meet-*, c a ^ c ^"' f 
 ing of the city, shall compose the city court, where chosen, andjjgjta, ' 
 be the judges thereof ; and the mayor [recorder,] shall be the 
 -chief judge of said court, and the two aldermen shall be the as- 
 sistan't judges of said court ; any two of whom in the absence 
 of the other, taking to their assistance the senior alderman 
 present, that is not a judge of said court, or if neither of the a l- 
 dermen that are not judges of said court, cannot attend, one of 
 the justices of the peace for the county in which the city is, and 
 resident within such city, shall have power to hold a city court. 
 If at any city court, there shall be but one judge present, he 
 shall take to his assistance two other aldermen of the city ; 
 and in case one or both of them cannot attend, he shall take 
 one or two of the justices of the peace, as the case may re- 
 quire, of the county in which the city is, resident in the city ; and 
 they shall have the same power to hold a city court, as thejudg- 
 es of the city court have. In case of the absence of the mayor, 
 [recorder,] and the two aldermen, constitated by law judges of 
 the city court, of either of said cities, or their disqualification 
 to sit as judges, the other aldermen of such city, taking to their 
 assistance any justice of the peace, residing in the county in. 
 which such city is established ; or either of the aldermen of such 
 city, in case of the absence or disqualification of the mayor, 
 [recorder,] and other aldermen, taking to his assistance any 
 two justices of the peace, of such county ; shall have power to 
 hold a city court within and for such city. When a suit is 
 pending before any city court, wherein the defendant or de- 
 fendants do not appear, or which, pursuant to law, must be 
 continued, in either case, any one competent judge of such 
 court, shall have power, and the same is hereby granted to 
 him, to render a judgment on default, or to continue the ac- 
 
 tion, as the case may require. . , , 
 
 o 10 mi r !-,< i.. t ' i Special coons 
 
 DEC. 12. I he mayor [recorder,] of each city, or m his ab-how called. 
 
 sence, the senior assistant judge of each city court, may, at the 
 
 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 [recorder,] 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 same as taxable fees 
 
 of county [superior] courts. And the several city courts shall (fl) CH attor , 
 
 have power to appoint attorneys (a) for their respective cities. ney elected at 
 
 who shall be sworn to a faithful discharge of their office : 3 
 
 ' ' 
 
 such attorneys shall have power to sue and prosecute for all pen-Act 0^866,' 
 alties for the breach of the by-laws of said cities, in the name of
 
 Aldermen's Courts. 
 
 CHARTER. 
 
 Proceedings. 
 
 Appeals. 
 
 the city, by proper action before the city court. 
 
 Recorder and al- SRC. 13. The mayor [recorder,] and aldermen of the several 
 dermen to luy .--cities, respectively, shall severally, within the limits of the city 
 
 i/u\ver ot jiisti-, 1-1 , i ,. n -i , J 
 
 oes of peace. to which they belong, have cognizance ot all civil causes, by la\v 
 cognizable by a justice of the peace, provided the cause of ac- 
 tion arise within the limits of such city, and one or both of the 
 parties live within the same ; and the mayor [recorder,] and 
 aldermen shall, as to the causes by them severally cogn'z.ible, 
 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 appeal shall be allowed from the judg- 
 ment or determination of said mayor [recorder,] 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, or hereafter shall be, allowed from a judgment 
 of a justice of the peace ; the prevailing party, however, if plain- 
 tiff, may, such an appeal notwithstanding, take out an execu- 
 tion on such judgment, provided he give a bond, before the 
 mayor [recorder,] of such city, or one of the judges of the city 
 court, in the same manner as is provided in the case of appeal* 
 from the city court. And in every action brought before the 
 mayor, [recorder,] 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- 
 defendaut lives within the limits of the city, no appeal shall 
 be allowed to the defendant. 
 
 SEC. 14. The taxable fees, in all causes cognizable by the 
 mayor, [recorder,] 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 brought to city 
 courts, shall be the same as processes to the county [superior) 
 courts ; and the processes in actions brought before the mayor, 
 [recorder,] or one of the aldermen of any city, shall be the same 
 as in actions brought before a justice of the peace ; which process- 
 How signed, shall be signed by the governor, lieutenant-governor, or justice 
 of the peace, or by the mayor, [recorder,] 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 con- 
 Bonds for pros- stable to wh m directed, according to law and the provisions 
 cution. of 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 
 Proviso. f or appeal, shall be taken to the adverse party : Provided, that 
 no writs, (executions excepted,) or processes, signed by the 
 mayor, [recorder,] or either of the aldermen, shall be of any ef- 
 fect, without the limits of the city to which they belong. 
 Time of service SEC. 15. When the defendant, who is sued to any city 
 before the sit-court, lives within the limits of the city, the writ shall be serv- 
 ting of the court e( } U p n him, at least six days before the sitting of the court to 
 which the writ is returnable : but if the defendant lives with- 
 
 Taxable fees. 
 
 Processes.
 
 'Return of Writs. CHARTER. Jurors. 
 
 out the limits of the city, the writ shall be served at least twelve Return of writs 
 days before the sitting of the court ; and all writs returnable to a to Clty cc 
 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 such 
 court. 
 
 SEC. 16. The writs that are returnable before the mayor, [recor- 
 der,] 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 within the limits of such city ; 
 or if the plaintiff be a mariner or seaman, suing for wages due to Writs returna- 
 him for service in his occupation, and the defendant lives within mayor or&\- ' 
 the limits of the city, be served upon the defendant, at least three dermen. 
 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 tha 
 court to which it is returnable. 
 
 SEC. 17. In case any sheriff, deputy sheriff, or constable shall 
 not serve a writ directed to and received by him, that is returna- 
 ble to a city court, or shall neglect to make return of said writ, or %, na ^ ty f " j! b n e e r _ 
 shall make a talse return thereof, and a suit for such default be gi ec t of duty, 
 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 fault, the court, over and above awarding just dam- 
 ages to the party, shall, on said suit, set a suitable fine upon the 
 defendant, according to the nature of the case, and may issue ex- 
 ecution for the same, which fine shall be to the treasury of the city. 
 
 SEC. 18. [The election of jurors in Hartford, New Haven, New 
 London and Norwich is omitted.] The mayor, aldermen, and 
 common council, [councilmen,] of each city, shall annually meet c h s<^ rS ' W 
 for the election of jurors. They shall meet in the city of Middle- 
 town, on the first Monday of February, and then choose thirty-six 
 freemen of said city, or such greater number, not exceeding seven- 
 ty-two, as said mayor, aldermen, and common council, [council- 
 men,] shall then judge necessary, to serve as jurors at city courts. 
 They shall return the names of the jurors chosen as aforesaid, un- Return, 
 der 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 Clerks shall P"* 
 i i -ii u n . i 11 names in a box. 
 
 that purpose : and whenever either sheriff of any city shall receive 
 
 a warrant from the clerk of the city court, to summon a jury to ap- 
 pear before said court, the sheriff receiving such warrant, taking 
 with him one of the aldermen of the city, shall repair to the clerk's 
 office, and there, in the presence of such alderman and clerk, shall Jurors, how 
 take out of said box as many papers as his warrant directs ; and drawn< 
 the persons whose names shall be found written therein, shall be 
 
 summoned to appear before the court, to which the warrant is re- 
 
 , . . , Summoned. 
 
 tamable, 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
 
 ]Q City Court. CHARTER. Oaths. 
 
 city, inflicted for such neglect ; and in case a complete panel shall 
 not attend, or in case any shall be challenged or excused, the ^tar- 
 iff attending the court, shall supply the deficiency, by drawing, in 
 the presence of the court, others out of the said box, and summon- 
 ing them to attend and serve, until 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 sworn. ^ud the oath to be taken by the jurors, shall be the same as is by 
 la\v 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 suffi- 
 ciency in the ether box, to complete the panels for that year in 
 
 Issues of fact which they are chosen to serve. Provided, that the judges of each 
 
 may be tried by c | t y C0 urt, shall have power to try and decide all issues in fact that 
 
 a jury of six. shall come before them, by themselves, or by a jury of six free- 
 men, where both parties shall agree to it. s 
 
 SEC. 19. The mayor, aldermen, sheriffs, common council [coun- 
 cilmen,] and clerks of each city, shall be sworn to the faithful dis- 
 charge 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 beincj elected mayor of the city of , do swear by the 
 
 Form of oath name of the ever living God, that you will, without any partiality, in- 
 
 for mayor. differently adminis'er justice according to law, without respect of persons 
 take no bribe, give no counsel in any matter that shall come before 
 you, nor deny right to any, but well and truly perform your office of 
 mayor of said city, according to your best skill: So help you God. 
 
 Aldermen. And tne f rm f the oath to be taken by the aldermen of each city, 
 
 shall be the same, mutatis mutandis, as is presc: ibed by law to be ta- 
 ken by justices of the peace. And the form of the oath to be taken 
 by the common council [councilmen] of each city, shall be as fol- 
 lows, to wit : 
 
 You being electd a common councilman [councilman] for the city of 
 
 Councilmen. do swear by the name of the overliving God, that you wilt 
 
 fait/if ally and upmjhtly discharge the duties of that office, so long as 
 you shall hold the same : So help you God. 
 
 Sheriffs. And the form of the oath to be taken, by the sheriffs of each 
 
 city, shall be the same as is prescribed by Jaw, to be taken by sher- 
 iffs, mutatis mutandis. And the form of the oath, to be taken by 
 the clerk of each city, shall be as follows, to wit : 
 
 You being chosen clerk of the city of , do wear, ly the 
 
 Clerk. name* of the everliving God. t/mt you will truly and f tilth fit II ij at- 
 
 tend, and execute the qjfice of clerk of sv.zd city according to your 
 best skill, and make true entries and records of all the votes and pro- 
 ceedings of said city, and such other mailers as by law, or by the by- 
 laws of *aid city are to lie recorded in your office, and that you will 
 deliver true copies of the records in your hands, irhen they *hall be 
 required nf you, taking only your lawful fees : So help you God. 
 Which oaths may be admistered by a justice of the peace, or
 
 Common Council. CHARM. General powers. 11 
 
 by the mayor, or either of the aldermen of the city, provided they JkjjJjJJ ad " 
 have been first sworn according to this act. And the person ad- certificate 'to 
 ministering the oath prescribed by this act, shall give a certificate be given and re 
 thereof, to the person to whom he administered it, which certificate 00 
 shall be recorded in the records of such city, before the person to 
 whom it is given shall be capable of executing the office to which 
 he is chosen. 
 
 SEC 20. [Those subjects of legislation which are identical with ( a ) For organ 
 those allowed in the act of 1856 are omitted.] There shall be action of com, 
 
 ., r ,-> P t i mou council. 
 
 court ot common council [a common council] or each city, to be com- See g ec> ^ ^ c t 
 posed of the^ mayor, aldermen, and common council, [council- of 185(5. 
 men,] who, by a major vote, shall have power to make ty- by-law? 
 laws ; 
 
 Relative to channels ; 
 
 Relative to trees planted for shade, ornament, convenience, or 
 use, public or private, and to the fruit of such trees ; 
 
 Relative to the sweeping of chimneys ; 
 
 Relative to the for me of oaths to be taken by the inspectors of 
 pro, luce brought to said cities for sale or exportation ; 
 
 Relative to the qualifications, in point of property, of the may- 
 or and aldermen ; 
 
 Relative to the penalties to be incurred by those who, being 
 chosen to any city office, shall (not being excused by the city) re- 
 fuse to serve ; 
 
 Relative to the mode of taxation, as to taxes levied by said 
 cities ; 
 
 And to prevent the future erection of any building or buildings, 
 in the most compact and populous part of said cities, or the alter- 
 ation or appropriation of any buildings already erected, to be used 
 for bakers' shops, blacksmiths' shops, hatters' shops, or tallow-chan- 
 dlers' shops, or any other buildings, for those or similar purposes, 
 which, in the opinion of the common council of said cities, respec- 
 tively, shall more immediately expose said cities to injury, and de- 
 struction from fire. 
 
 And the court of common council [the common council] of each 
 city, shall have power to designate and assign the limits to their 
 said cities, within which no person or persons, shall be permitted 
 in future to erect, use, or occupy any building or buildings of the 
 kind, or for the us-i mentioned in this act, without license from the 
 court of common council, [the common council.] 
 
 And relative to raising and collecting a revenue, by duties and 
 indirect taxes, within said cities ; 
 
 Relative to the assize of bread, crackers, and biscuits, and other 
 manufactories of flour, made and sold within said cities ; 
 
 And for securing to the inhabitants of cities, and other 
 persons, the exercise of their rights, in the use of the public 
 squares, streets au'l highways within said cities, free from obstruc- 
 tion and molestation ;
 
 12 General powers. CHARTKH. How exercised. 
 
 For designating the place or places for military parades, in or 
 near said cities ; 
 
 For laying out and regulating public squares and walks ; 
 
 For regulating military parades and rendezvous, within the lim- 
 its of said cities ; 
 
 And the marching of military companies with music in the 
 streets of said cities ; 
 
 For defining the powers and duties of the city watch, and car- 
 rying them into effect ; 
 
 Relating to prohibiting and regulating the bringing in and con- 
 
 To inflict pen- ve y^ n out '' or s ^ or ^ n of gunpowder in said cities ; 
 
 allies. -And to inflict penalties and forfeitures of goods and chattels, for 
 
 the bre.ach of such by-laws ; which penalties and forfeitures, shall 
 be to the use of said cities respectively, or to such person or per- 
 sons, as the by-laws shall direct, to be recovered by the treasurers 
 of said cities, for the use of the same, or by the } ersons to whom 
 
 al. recovera ' forfeited, in an action on such by law, brought to the city court, in 
 said city where the offense is committed ; in which action no ap- 
 peal shall be allowed : Provided, that no penalty shall exceed the 
 sum of thirty four dollars, and no forfeiture of goods and chattels-, 
 shall exceed the value of thirty-four dollars ; and provided, that 
 
 Limitation of sucn penalties shall not exceed thirty-four dollars, for a quantity 
 
 Forfeitures* 11 of gun-powder, not exceeding twenty-five pounds, and for each and 
 every further amount of twenty-five pounds, an additional penal- 
 ty not exceeding fifteen dollars. And all penalties not exceeding 
 seven dollars, may be sued for, before the mayor, [recorder] 
 or aldermen of the city in which the offense is committed : and the 
 defendant shall have liberty to appeal, when judgment is rendered 
 against him, to the next city court, to be holden in and for said ci- 
 ty, in the same manner as in other cases. [The last proviso is omit- 
 ted for one contained in the Act of 1856.] 
 
 SEC. 21. [Relates to the laying out of streets, &c., and is super- 
 seded by Act of 1856, Sees. 6, 7, and 8.] 
 
 SEC. 22. Each city shall have power to appoint inspectors of 
 
 , every kind of produce of the United States, brought to such city 
 Inspectors of . J , , J 
 
 produce. f r sa l e anc * exportation. 
 
 SEC. 23. All grants and leases of any real estate belonging to 
 either of said cities, signed by the mayor, and sealed with the city 
 Grants and leas- seal, and approved by the city, in a legal meeting, and recorded 
 C8< in the town where the lands granted or leased lie, shall be effectu- 
 
 al to convey such estate. 
 
 SEC. 24. Whenever the mayor of either of said cities, or any 
 
 other officer eligible by the freemen, shall resign, or be removed, 
 
 Vacancies in by death or otherwise, another shall be elected in his place, and (if 
 
 office, how sup- t ue appointment be annual) shall continue in office for the same 
 
 p ' time as the person whom he succeeds would have done, had he 
 
 not resigned, or been removed. 
 Mayor fcc.to be SEC. 25. The mayor of each city, or in his absence, the senior 
 
 moderator of a id cn nan present, at any meeting of the city, or any court of com- 
 
 meetings, which %, r ,, J .,-, , " ~ . J , 
 
 nuyadjoura. mon council [the common council] shall, ex officw, be moderator 
 
 thereof. A meeting of the city may be adjourned, from time to
 
 City meeting. CHAKTKlt. Fire company. 13 
 
 time, by a major vote of the freemen present. And a special Major vote to 
 meeting of each city, may be called in such manner as said cities e 
 shall direct ; and all questions, in a city meeting, shall be decided 
 by a majority of the votes of the freemen present. 
 
 SEC. 26 and SEC. 27. [Relate to the appointment of firemen in 
 the cities of Hartford and New Haven.] 
 
 SEC. 28. The inhabitants living within the limits of each city, !' nbflbita n , t j| ( j 
 shall be and remain a part of the town within which such city is e par 
 situated. 
 
 SEC. 29. If this act, or any of the provisions contained in it, shall Act may ^ a j. 
 be found inconvenient, or in any respect inadequate, the same may tered. 
 be altered or revoked, on representation of either of said ci- 
 ties, by the general assembly. And this act shall be a public 
 act. 
 
 Additional Act authorizing a new Fire Engine Company of 
 sixteen men. 
 
 May 1832. 
 
 Be it enacted by the Senate and House of Representatives in 
 General Assembly convened, That the mayor, aldermen and com- 
 mon council [councilrnen] of the city of Middletown, be. and 
 they are hereby authorized and empowered, to form a new en- xew fire engine 
 gine company in said city, to consist of sixteen men living with- company ofsix- 
 in the limits of said city, the same being an addition to the ^* men ' 
 number of firemen now authorized by law in said eity of Mid- 
 dletown ; and the said mayor, aldermen, and common council, 
 [councilmcn,] shall have full power and authority, at any reg- 
 ular meeting, to choose said additional number of firemen for 
 the purpose of forming said company as aforesaid, and shall 
 have full power to fill any vacancies that may occur in said com- 
 pany raised as aforesaid, and to establish and make such rules 
 and regulations relative to said fire-engine company as may, 
 from timetotime be necessary, any lawto the contrary notwith- 
 standing : Provided that this act may be altered, amended, or 
 repealed, at the pleasure of the (Jcneral Assembly.
 
 14 Side-walks. CHARTER. Gutters. Trains. 
 
 An Act to amend the Charter, and for other purposes. 
 
 May 1835. 
 
 SEC. 1. Be it enacted by the Senate and House of Representatives 
 in General Assembly convened, Thai whenever the court of com- 
 mon council [the common council] of said city shall order 
 If proprietors t j ie proprietors of land to level or raise side-walks, pave or flag 
 dents" notice in the same, or pave gutters in front of their land, or to raise low 
 writing to oc- grounds, or to make drains, in pursuance of power heretofore 
 o'l^pavV^uffi? granted, and the proprietor does not reside in said city, notice 
 cieut. in writing to the occupants of the land or building in front of 
 
 which said side-walk or gutter is to be made or paved, or to the 
 occupants of the ground to be drained or filled up, shall be 
 sufficient notice of such order to all persons interested therein. 
 SEC. 2 If such proprietor shall neglect to comply with such 
 order, and the court of common council [the common council] 
 shall direct the same to be executed by some other person, the 
 expenses so incurred, with interest thereon, and costs of collee- 
 In case of neg- tion, shall be a lieu or real incumbrance on the buildings and lots 
 lect, common inrespectto which such expenses shall have been incurred ; and 
 der^paviii^ "or ^ ne same ma y be recovered by action of debt in the name of the 
 flagging afcost treasurer of said city, from the person on whose account the 
 of proprietors. sam e may have been so incurred, his executors or administrators ; 
 or the same may be recovered, or the payment thereof enforc- 
 ed in like manner as if said lands or buildings were mortgaged 
 to the corporation of said city for the payment thereof, or the 
 same may be enforced by warrant of distress. 
 
 SEC. 3. Whenever such warrant shall issue, it may be made 
 
 in like manner as warrants for other taxes, and may include the 
 
 same sum for said warrant as is allowed for executions in the 
 
 superior court, and also officer's fees for collection ; and the offi- 
 
 Warrantto col- cer s i ia ]j proceed with such warrant in the same manner, and 
 
 lect expenses, 1,1 i , -i j i i 
 
 bow made. under the same regulations as is prescribed by law in the case 
 
 of public taxes, except that notice of the sale of real estate in a 
 public newspaper of said city need only be given for three suc- 
 cessive weeks before the sale. 
 
 Resolve forming the Middletown Fire Hook and Ladder Company. 
 
 May 1831. 
 
 Resolvedly this Assembly, That the mayor, aldermen and corn- 
 Fire hook andmon council [councilmen] of the city of Middletown be, and 
 ladder company they are hereby authorized and empowered to form a fre com- 
 pany in said city, to be called the Middletown Fh' Hook and 
 Ladder Company ; said company to consist of not more than 
 thirty men.
 
 Fire Company. CHAttTKU. Firemen. 1 
 
 Incorporation of Fire Engine Company No. 4, in Midddletown. 
 
 May, 1838. 
 
 Upon the petition of the mayor and aldermen of the city of 
 Middletown. specially authorized for the purpose, by the vote of _,. 
 
 - r .j / - ,, .. , ft J j FireFnmne 
 
 the freemen of said city, in city meeting legally warned, pray ing Company No. 4, 
 
 for power to raise an additional fire company, to consist of of not more than 
 thirty members, and that the existing fire companies may be thirty meu> 
 enlarged, so that each consists of thirty members, as per peti- 
 tion on file appears. 
 
 Resolved by this Assembly, That the mayor, aldermen and com- 
 mon council [councilman J of the city of Middletown be, and 
 they are hereby authorized and empowered to form a fire en- 
 gine company in said Middletown, to be called Fire Engine Com- 
 pany No. 4 ; said company to consist of not more than thirty 
 men. 
 
 Resolved farther, That the mayor, aldermen and common Power to en- 
 council, [councilmen,] be, and they are hereby authorized and 
 empowered to enlarge the existing fire companies, so that each 
 shall consist of thirty members. 
 
 [A part of this Act, and a part of the proceeding Resolve, 
 included in the Resolution of 1842, are omitted.] 
 
 Resolution to increase the number of Firemen in the City of 
 Middletown. 
 
 1842. 
 
 Upon the petition of the mayor, aldermen and common coun- 
 cil [councilmen] of the city of Middletown, praying for pow- 
 er to raise thirty additional members, to be attached to the 
 existing fire companies of said city, as per petition on file : 
 
 Rcsokcd, by this Assembly, That the mayor, aldermen, and 
 common council [councilmenj of the city of Middletown, be, 
 and they hereby are authorized and empowed to raise thirty 
 additional firemen, to be attached to the existing fire engine Thirt(1ditirn . 
 companies of said city, and entitled to all the powers, privileg-al Bremen may 
 es and immunities granted by the Legislature to the other be raised - 
 members of fire companies of said city. 
 
 Resolved further, That all the fire companies of the city of 
 Middletown, shall have po\ver to make any by-laws not incon- 
 sistent with the laws of this iStuteor of the United States, and to
 
 16 Recorder. CHAUTER. Mayor's Powers. 
 
 Fire companies enforce the same by fine not exceeding five dollars for any one 
 may make by- o jf ense . also, to impose taxes on themselves, and collect the 
 same in like manner as other taxes are collected. 
 
 Provided, That these resolves shall not be in force, unless the 
 same shall be assented to by the mayor, aldermen, common 
 Proviso reqnir- council [councilmen] and freemen of the city of Middletown, at 
 ing assent of a meeting legally held for that purpose. 
 cit> to.resolve3. Approved in city meeting, Aug. 0, 1842. 
 
 An Act in addition to an Act entitled "An Act incorporating 
 the City of Middletown." 
 
 May, 1843. 
 
 Be if enacted by the Senate and House of Representatives in General 
 Assembly convened. SEC. 1. [The part relating to election of Re- 
 corder, and to filling the office when vacant, is omitted, as su- 
 duUesandpuw pcrsededby Sec. 3, Act of 1856.] That there shall be a recorder 
 ers. for the city of Middletown, who shall be the chief judge of the 
 
 city court of said city, and shall perform all the duties of a 
 judge of said court, instead of the mayor of said city. And he 
 shall also have and exercise all the other judicial powers and 
 authority now by law appertaining to the office of mayor of said 
 T , city, and said power and authority are hereby transferred 
 
 from said office of mayor to said office of recorder. He shall 
 Compensation, take the oath provided by law to be administered to other ju- 
 dicial officers, and shall receive such compensation as shall be 
 established l>y by-law of said city. 
 
 SEC. 2. That the mayor and aldermen of said city of 
 Middletown shall have, severally, the same power within said 
 derraen^tneir ^^ to disperse and apprehend rioters, to keep the peace, and 
 d ities and pow- to require sureties therefor, and the same criminal jurisdiction 
 ers - over all crimes and offenses whatsoever, committed within the 
 
 limits of said city, that justices of the peace have or may have 
 in the towns where they reside, subject to any appeal that is 
 now, or shall hereafter be allowed from justices of the peace 
 in criminal cases. And where said mayor or aldermen have 
 jurisdiction, they shall have the same power, se'/erally, that 
 justices of the peace have to issue process against the offender 
 or offenders, and a summons and capias for witnesses, and 
 may at all times, if need be, require the aid of any sheriff, 
 deputy sheriff, city sheriff, town or city constable or watch- 
 man, or any or all of them, together Avith such other aid as 
 shall be necessary. And the mayor, or in his absence, the 
 senior alderman present shall, in all cases, have and exercise 
 the same powers and duties, which were conferred on the 
 mayrr of the city of New Haven, by an Act passed 1842, 
 entitled, "An Act in addition to an Act entitled An Act In cor-
 
 Mayor. CHARTER. Powers of. 17 
 
 porating the City of New Haven." And all persons who 
 shall resist, delay or refuse to obey the legal requirements of 
 the mayor or either of the aldermen of said city of Middle- 
 town, shall be subject to the same penalty as is provided by Penalties for re- 
 ., i ,. , , ,, ,., ... J , ,v sistance of. ic. 
 
 the last mentioned act for like offenses : and every person call- 
 ed into service by the mayor or acting mayor, shall be paid 
 as provided by the sixth section of said act. 
 
 SEC. 3. The court of common council [the common council] 
 shall at their next meeting after the passage of this act, and at Grand juror?, 
 each annual meeting of said court [said common council] there- ^en^and how 
 after, appoint from the common councilmen [the councilmen] Their powers 
 by ballot, three grand jurors for the city, who shall be sworn, &c - 
 and who shall have and exercise the same powers and duties 
 within the said city as grand jurors have and exercise within 
 their respective towns. And said grand jurors shall perform 
 the duties of their office until others are chosen and sworn in 
 their stead. 
 
 An Act in addition to an Act entitled "An Act incorporating the 
 City of New Haven." 
 
 1842. 
 
 [Sections of this Act referred to in the preceding Act.] 
 
 SEC. 4. The mayor of said city shall hereafter be the chief 1 
 executive magistrate thereof ; and it shall be his duty to be Mayor, his dn- 
 vigilant and active in causing the laws to be executed and en-tj an <} powera 
 forced, and he shall be conservator of the peace within said 
 city, and shall have authority with force and strong hand, when 
 necessary, to suppress all tumults, riots, routs, and unlawful 
 assemblies, and to arrest without warrant, and commit to 
 prison, for a time not exceding twenty-four hours, any person 
 or persons who may be detected in reveling, quarreling, 
 brawling, or otherwise behaving in a disorderly manner, to 
 the disturbance or annoyance of the peaceable inhabitants of 
 said city. He is also empowered to enter any house or build- 
 ing which he has reasonable cause to suspect to be inhabited 
 by persons of ill fame, or to which persons of dissolute, idle, or 
 disorderly character are suspected to resort. And if any dis- 
 solute, disorderly, or vagrant persons are found assembled in 
 or about any such house or building, he shall command all 
 such persons immediately to disperse, if in his opinion the 
 good order of any portion of the city require it ; and in case 
 of neglect or refusal to obey such command, he is hereby au- 
 thorized to commit any person or persons so disobeying to 
 prison for a term not exceeding forty-eight hours ; and he 
 
 3
 
 18 
 
 Mayor. 
 
 CHARTER. 
 
 shall have, and may exercise within the limits of said city, all 
 (n)Same as the powers given to sheriffs or other officers by the (a) 59th and 
 
 67th and i 68th gQth ( a \ sections of the act entitled " An Act concerning Crimes 
 
 sections Compi- -A i i , ,. 
 
 lation of 1854. and Punishments, and he may at all times, if need be, require 
 
 the aid of any sheriff, deputy sheriff, town or city constable or 
 watchman, or any or all of them, together with such other 
 aid as may be necessary. And whenever he shall have rea- 
 son to believe that great opposition will be made to the exe- 
 cution of his authority, he shall have power to call out the 
 several companies of militia in said city, or any or either of 
 them, and may exert all the force necessary to enable him to 
 execute the laws within the limits of said city. 
 
 SEC. 5. If any person shall hinder or obstruct, resist or 
 
 abuse the mayor in the execution of his office, or when com- 
 
 manded to assist him therein, (being of sufficient age and abil- 
 
 Penalty for re- ity,) shall refuse or unreasonably neglect so to do, such of- 
 
 Bistingandrefu fender, being thereof duly convicted, shall pay a fine not ex- 
 
 mayor. eyt e ceeding one hundred dollars, or shall be imprisoned in the 
 
 county jail not exceeding six months, or both, at the discre- 
 
 tion of the court having cognizance of the offense. 
 
 SEC. 6. Every commissioned officer and soldier when call- 
 ed into service by the mayor of said city, in manner aforesaid, 
 shall be entitled to the same pay, and for disobeying the com- 
 mands of the said mayor, shall be subject to the same penalty 
 as is provided when called into service by the sheriff of the 
 county, by virtue of the act entitled " An Act relating to Sher- 
 iffs." 
 
 persed. 
 
 Form of the 
 proclamation, 
 
 An Act concerning Crimes and Punishment. 
 
 From the Statutes, Compilation of 1854, pages 320 and 321. 
 
 [The sections referred to in the preceding Act.] 
 SEC - 67 - Every justice of the peace, sheriff, deputy-sheriff, 
 constable, and selectman, within the limits of his jurisdiction, 
 on having notice or knowledge of any unlawful and riotous as- 
 sembly of three or more persons, who shall have come togeth- 
 er with intent to do any unlawful act, with force or violence, 
 against the peace, or to the manifest terror of the people, shall 
 be authorized, empowered, and required, to resort to the place 
 where such assembly shall be, and coming to such rioters, or 
 as near as he can safely come to them, then and there with an 
 audible voice to command, or cause to be commanded, silence 
 to be observed while proclamation is being made ; and after 
 that, he shall openly and with an audible voice, make, or cause 
 to be made, a proclamation in these words, or in words of a sim- 
 ihir effect, to wit, " In the name and by authority of the state 
 of Connecticut, I charge and command all persons assembled,
 
 Riots. CHARTER. Nuisances. 19 
 
 immediately to.dispcrse themselves, and peaceably to depart to 
 their habitations, or to their lawful business, on penalty of the 
 law." 
 
 SEC. 68. If such persons, so unlawfully and riotously assem- 
 bled, or any three or more of them, after proclamation made 
 as aforesaid, shall not disperse, every justice of the peace, sheriff, to be apprehend 
 deputy-sheriff, constable, or selectman, where such assembly ed - 
 shall be, and such other person or persons as he shall command 
 to assist him, is authorized and required to apprehend such 
 persons so unlawfully and riotously continuing together, after 
 proclamation made as aforesaid, and forthwith to carry the per- 
 sons so apprehended, before some justice of the peace, in order 
 to their being proceeded against according to law. 
 
 An Act in addition to, and in amendment and alteration of, the 
 Charter and the several Ads in relation to the City of 
 Middletown. 
 
 May, 1853. 
 
 Be it enacted by the Senate and House of Representatives in General 
 Assembly convened. SEC. 1. That the court of common council 
 
 [the common conncill of said city shall be and they hereby 
 
 ,i j i j , T, j .., .* Common conn- 
 
 are authorized and empowered to cause all grounds within C n f the city of 
 
 said city, where water at any time becomes stagnant, except Middletown, 
 lands used for ordinary farming purposes, situated at such dis-^J^"^^ 
 tance from the densely populated parts of said city as to offer lands: 
 no prejudice to the health of the citizens, to be raised and fill- 
 ed up or drained, and to cause all putrid and noxious substan- 
 ces, whether animal or vegetable, to be removed, and to cause 
 all nuisances injurious to health, to be abated, suppressed and 
 removed 
 
 SEC. 2. And to effect the purposes aforesaid, said court of 
 common council [said common council] may, from time to time, 
 as they shall judge it conducive to the health of the inhabitants 
 of said city, give orders to the proprietor or proprietors of any p r ?Jtor terrain 
 and all such grounds, subject at any time to be covered with the same, and 
 stagnant water, to fill up and raise such grounds, at their own^^. pel com P li ~ 
 expense ; and said court of common council [said common 
 council] may designate how high such grounds shall be filled 
 up and raised, and may limit such time as they" shall deem 
 reasonable, for filling up and raising the same; and if such 
 proprietor or proprietors shall neglect to fill up and raise such 
 grounds, in such manner and within such time as said court of 
 common council [said common council] shall have designated 
 and limited, said court of common council [said common coun-
 
 20 Nuisances. 
 
 CHARTKK. 
 
 Drains. 
 
 cil] may, in such case, appoint and employ some meet person or 
 personsto fill up and raise such grounds, and may adjust and liq- 
 uidatethe expense thereof, and apportion and assess the same up- 
 no such proprietors, and make a rate bill thereof, specifying each 
 proprietor's share of such expense, if there be more than one, 
 and appoint a collector or collectors to collect such assessment, 
 and pay the same, within such time as said court of common 
 council [said common council] shall limit, and to such person 
 as they shall appoint to receive and apply the same, for the 
 purpose of defraying such expense ; and said court of common 
 council [said common council] shall cause such collector duly 
 to account for the amount of such rate bill, and the mayor, or 
 one of the aldermen of said city, shall issue a warrant of dis- 
 tress to such collector, authorizing him to collect such assess- 
 ment of such proprietor or proprietors, and every such collect- 
 or shall proceed in the same manner, and have the same pow- 
 ers, and be under the same regulations, as the law prescribes in 
 case of collectors of public taxes: provided, that, whenever said 
 court of common council [said common council] shall proceed 
 When part or according to the powers given to them as aforesaid or accord- 
 pease may^e & to tnose i n tne next section given, to cause any such 
 borne by city, grounds to be filled up, raised or drained, or said drains to be 
 altered, cleansed or repaired, the said court of common council 
 fsaid common council] shall be, and hereby are authorized and 
 empowered in every instance wherein they shall be of opinion 
 that any part, or the whole, of such expense so incurred, ought 
 to be borne by said city, or can not be obtained from any pro- 
 prietor or proprietors, to order and direct that such part or the 
 whole of such expense shall be paid out of the treasury of said 
 city, and to draw orders on the treasurer of said city therefor. 
 court f common council [said common coun- 
 
 May designate SEC. 3 - 
 
 whereand how cil] shall judge it conducive to the hralth of the inhabitants of 
 drains shall be sa ^ c ft v ^ O p en an( j establish drains in said city, said court of 
 opened. r M r . , .,-, J ' . 
 
 common council [said common council] may, from time to time 
 
 designate the places where such drains shall be opened, and the 
 length, depth and width thereof, and they may open such drains 
 through lands of individual proprietors, as well as through pub- 
 lic highways, and may alter, cleanse and repair the same, when 
 laid out and opened from time to time, as-in their opinion shall 
 be proper and necessary. 
 
 And to effect the purposes aforesaid, said court of common 
 
 Ma y order *^ e council [said common council] may, from time to time, as they 
 
 land "o ppen, shall judge necessary, give order to the proprietor or proprie- 
 
 &t., drains. tors'of the lands wherein or whereon such drains are to ba laid 
 
 out and opened, altered, cleansed or repaired, to open, cleanse, 
 
 alter, and repair the same within such time as they shall deem 
 
 reasonable for effecting the same, and if such proprietor or propri- 
 
 etors, or any of them shall neglect to open, alter, cleanse or repair 
 
 such drains, in such manner, and within such time as said court 
 
 of common council [said common council] shall have designated
 
 Drains. CHAPTER. Nuisances. 21 
 
 and limited, said court of common council [said common coun- 
 cil] may, in the case of each and all such neglecting proprietor 
 or proprietors, appoint and employ some meet person or persons 
 to open, alter, cleanse or repair such drains, and may adjust Incase of refu- 
 and liquidate tlie expense thereof, and apportion and assess the ^^ assessed', 
 same upon the several neglecting proprietors of the lands 
 through or on which said drains are located, and also upon the 
 proprietors of such grounds as are drained thereby : and such 
 assessment or assessments shall be collected, accounted for, 
 paid over and applied in the same manner prescribed in the 
 preceding section, and for those purposes the same powers are 
 hereby granted, and the same duties enjoined. 
 
 Provided always, that if any person shall be aggrieved by the 
 doings of said court of common council [said common council] ed'may prefer 
 under this or the next preceding section of this act, he or she complaint to 
 may prefer a complaint, in such matter to the next county superior court - 
 [superior] court to be holden in the county of Middlesex, by 
 causing a true copy of such complaint to be left with the clerk 
 of said city, at least twelve days before the sitting of said court. 
 And if said court, on hearing of such complaint, shall be of the 
 opinion that any part or the whole of such expense, so incur- 
 red, ought to be borne by said city, said court shall order and 
 direct that such complainant be relieved from the payment of 
 such part, or from the whole of such expense, as to them may 
 appear just and reasonable. And if it shall appear on such 
 hearing, that said complainant hath actually paid any sum or 
 sums of money, in the matter complained of, which ought to be 
 refunded, said court may grant execution therefor in favor of 
 said complainant against said city. 
 
 SEC. 4. Said court of common council, [said common coun- Powers of com- 
 cil] by themselves, or by a committee of their own number, 
 which they are hereby authorized from time to time, to appoint, ces. 
 as a standing committee on nuisances, whenever in the opinion 
 of said court of common council [said common council,] or of 
 their said committee, it shall appear necessary and conducive to 
 the health and comfort of the inhabitants, to order and cause 
 all putrid and offensive substances, of every kind, in said city, 
 to be removed, and to order and cause all places within said 
 city, emitting or containing noxious, offensive, or pestilential va- 
 pors or stenches, to be cleansed and purified at the expense of 
 the owner or occupant of the buildings or lands wherein or 
 whereon such substances, or the places emitting such stenches 
 may be, and the expense thereof shall be liquidated, assessed, 
 collected and paid, in the manner prescribed in the second sec- 
 tion of this act, and to this end the same powers are hereby 
 granted, and the same duties enjoined. 
 
 SEC. 5. And this act shall be to all intents and purposes a 
 public act.
 
 22 Police. CHARTBR. Gas Company. 
 
 An Act in addition to, and amendment of the Charter of the 
 City of MIddietown. 
 
 May, 1853. 
 
 Be it enacted by the Senate and House of Representativss in 
 Common coun- General Assembly convened. SEC. 1 That the court of common 
 cilof the city of council [the common council] of said city may, from time to 
 ma dd a, et oint time, appoint such number of persons as they may see fit, not 
 special consta- exceeding tn the whole twenty-five, as special constables within 
 bles. said city, which said constables, as also the city watch now or 
 
 hereafter to be appointed by said court of common council, 
 [said common council,] shall take the oath by law provided for 
 executive officers ; and said constables shall hold their offices 
 until ten days after the next annual city meeting unless sooner 
 removed by said court of common council [said common coun- 
 cil;] and said constables and said city watch shall have and 
 exercise the same powers and be subject to the same duty to 
 preserve the peace and secure offenders, within said city, as 
 constables have and are in their respective towns. 
 
 SEC. 2. If any person shall resist or abuse such special con- 
 Penalty for re- sables, or said city watch, in the execution of their respective 
 sisting or abus- offices, such person or persons so offending shall be liable to the 
 8t4b S les C <n- cit 1 same penalties and punishments as are bylaw provided for 
 watch. resisting or abusing any justice of the peace, sheriff, or consta- 
 
 ble, in the execution of their offices. 
 
 The Middletown Gas Light Company, incorporated 
 
 May, 1853. 
 
 [Such part thereof as relates to said city.] 
 SEC. 2. The said company shall be empowered to lay down 
 their gas pipes, and to erect gas posts, burners, and reflectors, 
 Gas company j n the streets, alleys, lanes, avenues, or public grounds of the 
 erect post^&c! said city of Middletown, and to change and alter the same, 
 instreets, 'ai- f r0 m time to time, as occasion may require, and to do all things 
 whaunaimer necessary to light the said city, and the dwellings, stores, and 
 other places situated therein. Provided, that said company, in 
 the location of their gas works and in laying their gas pipes, 
 and erecting gas posts, burners, and reflectors, shall be subject 
 to the orders and under the control and general direction and 
 supervision of the court of common council [the common coun- 
 cil] of said city of Middletown ; and that the streets, side and 
 cross-walks, public grounds, lanes, and avenues shall not be in- 
 jured, but shall be left in as good and perfect condition as before
 
 City Election. CHAttCM. Highways. 23 
 
 the laying of said pipes, or the erection of said posts or other 
 fixtures. 
 
 Amending The Charter of the City of Middletown. 
 
 May, 1854. 
 
 SEC. 1. [Superseded by Sec. 3, Act of 1856.] 
 
 SEC. 2. On the day of the city election the ballot box for the whe n ballots 
 choice of city officers to be chosen by ballot shall be opened at j^* 11 ** recenr " 
 nine o'clock, A. M., and closed at two o'cbck, P. M., after 
 which no ballot shall be received. All ballots shall be laid on the 
 lid of the box, and put into the box by the sheriff or officer hav- . 
 
 ing the custody of said box ; and the name of each freeman, as 
 he shall respectively deposit his ballot, shall be checked on the 
 list of electors last perfected by the town of Middletown, if said 
 town have perfected a list within the last year ; if not, then on 
 a list which shall have been perfected within the past year by 
 the court of common council, [the common council,] whose du- 
 ty it shall be to perfect such list when the town have none pre- 
 pared ; if his name does not appear on such list, it shall be en- 
 rolled by the clerk of said city, or in his absence or inability, by 
 one of the aldermen or common council, [councilmen,] as the 
 mayor may designate. None of the ballots shall be counted 
 until the box is closed, when the persons whose duty it is to 
 count them, shall proceed so to do. 
 
 Amending the Charter of the City of MidJletown. 
 
 May, 1854. 
 
 Be it enacted by the Senate amd House of Representatives in 
 General Assembly convened. SEC. 1. The said city of Middletown The city shall 
 shall have power and authority, and it shall be their sole duty jJ* ffiJJway s 
 to make, maintain, and repair all public streets, highways, and within its lim- 
 roads, within the limits of said city, and for that purpose they its - 
 may, at any legal meeting of said city, lay taxes and collect the 
 same, in the same manner as is now provided for the levy and 
 collection of the other taxes of said city. 
 
 SEC. 2. In all cases when a tax shall be laid and collected, Moneys to be 
 or a sum of money shall be appropriated by the town of Mid- ap P lied . t( ?. h 'g h - 
 dletown, for the purpose of making and repairing the high way s e y dTy' r'a'ised 
 and roads in said town, it shall be the duty of the selectmen of by the town 
 
 said town to ascertain, determine, and fix the portion thereof 
 which shall be applied for the making and support of highways treasury.
 
 i44 Highways. CHAKTH.K,. Street Commissioner. 
 
 and streets in said town, within said city, and the portion there- 
 of which shall be applied for the making and support of high- 
 ways and roads in said town, without said city ; and such sum 
 as shall be thus apportioned for the making and support of high- 
 ways within said city, shall be paid into the treasury of said 
 city, to be expended for the purpose aforesaid, as is herein af- 
 ter provided. And said town shall not be obliged to make or 
 repair any road or highway within the limits of said city, nor 
 shall said city be obliged to make or repair any highway or 
 road without the limits thereof; provided always, that the town 
 of Middletown shall be liable to make, build, and keep in repair 
 all bridges in said town, to the same extent as if this act had 
 not been passed. 
 
 SEC. 3. All moneys raised or received by said city, for the 
 Power given to purpose aforesaid, shall be laid out and expended under the di- 
 counci m rection and control of the court of common council [the com- 
 mon council] of said city, to whom all powers necessary to 
 make and repair highways, streets and roads in said city, and 
 to make and cause to be executed, all such orders relating there- 
 to as they shall think proper, are hereby given ; and to effect 
 such powers, said court of common council [said common coun- 
 cil] may from time to time, as they deem it expedient, appoint 
 from their own number, or otherwise, a committee of one or 
 
 more, whose business and duty it shall be to superintend and 
 May appoint a ,. ,, . .. .f , . . , 
 
 street commis- direct all matters relative to the making, maintenance, and re- 
 
 eioner. pairs of highways, streets and roads in said city, and to exe- 
 
 cute and pursue such orders as said court shall give respecting 
 the same. In case of the appointment of a committee or high- 
 way surveyor as aforesaid said city shall pay him such reason- 
 able compensation for his services as said court of common 
 council [said common council] shall from time to time deter- 
 mine and fix ; the same to be paid in the same manner as other 
 charges against said city. 
 
 SEC. 4. This act shall take effect as a public act. 
 
 Amending the Charter of the City of Middletown. 
 
 May, 1856. 
 
 Be it enacted by the Senate and House of Representatives in Gen- 
 Name of the eral Assembly convened : SEC. 1. The Corporation now existing 
 corporation an d known by the name of "The Mayor, Alde.rmen, Common Coun- 
 cil and Freemen of the City of Middl.etown,""s\\^\\ be, remain, and con- 
 tinue, a body politic and corporate by the name of " The May- 
 or, Aldermen, Councilmen, and Freemen of the City of Middletown," 
 and by that name shall have perpetual succession, and be per- 
 sons in law capable of suing and being sued, pleading and be-
 
 City Limits. CHARTER. Annual Meeting. 25 
 
 ing impleaded, defending and being defended, in all courts and 
 places, in all manner of actions, suits and complaints whatsoev- 
 er, and to take, purchase, hold, receive and enjoy, and to sell, 
 lease, mortgage, dispose of, and convey in fee simple, or other- 
 wise, any and all property, real, personal, or mixed, and may 
 have a common seal, with power to alter the same at pleasure, 
 and shall have, and continue to exercise and enjoy all the rights, 
 immunities, powers, privileges, and franchises now belonging to 
 it, and shall be subject to all the duties, liabilities, and obliga- 
 tions now resting upon it, except so far as is herein otherwise ex- 
 pressly provided. 
 
 SEC. 2. That the limits of said city of Middletown, be and the 
 same are hereby defined and established as follows, viz: Begin- City limits, 
 ning at the mouth of Little river, or Ferry river, now called 
 Sebethe, thence in a direction north, forty five degrees east, to the 
 east side of Connecticut river, at high water mark: thence fol- 
 lowing said high water mark southerly along the east bank of 
 ) said Connecticut river to Bodkin rock, situated at the entrance 
 to the narrows on said river ; thence across said Connecticut 
 river, in a direction south, thirty degrees west, to high water 
 mark on the s^uth bank of said river ; thence westerly, following 
 the line of high water mark along the south and west banks of 
 said river to the mouth of Sumner's or Pameacha creek ; thence 
 southerly and westerly, as said creek runs, following the main or 
 westerly branch thereof to the mouth of a small stream which flows 
 into said branch from Warwick's ravine, not far below the dam at 
 the north end of the upper Pameacha pond ; thence up said small 
 stream to the highway leading to Micldlefield, near the south end 
 of High street : thence due west to West river, formerly called 
 Mattabesett, or Little river ; thence northerly and easterly, down 
 said West river as the same runs, to its junction with Little riv- 
 er, in the meadows ; thence down said Little river as the same 
 runs, to the place of beginning at its mouth ; including the waters 
 of said West and Little rivers, Sumner's or Pameacha creek, and 
 Connecticut river, within the preceding limits ; the courses of 
 the several lines given above in degrees, being their course or bear- 
 ings as compared with the true or astronomical meridian. 
 
 SEC. 3. There shall be a meeting of the electors of said city Annual city 
 holden annually on the third Monday in January in each year meeting 
 for the purpose of choosing a mayor, (whenever a mayor is to 
 be chosen under the subsequent provision of this section,) four 
 aldermen, eleven councilnien, a recorder, a clerk, treasurer, city ' *' 
 assessor, collector of city taxes, city attorney, two sheriffs, and 
 eight constables who shall have the same powers as town consta- 
 bles, all of whom, or so many as each of the electors of said city 
 choose to vote for, shall be voted for on one ballot, having their 
 names, with the office for which they are respectively intended, 
 written or printed thereon ; and the persons having the greatest 
 number of ballots shall be declared to be elected, and the several 
 aldermen, councilmen, and sheriffs shall be deemed elected in the 
 4
 
 2(5 Common Council. CHARTER. General powers. 
 
 rtr.ier of prece- order, and shall take rank and precedence according to the num- 
 cience. j^j. o f ballots they may receive for their said offices, without re- 
 
 gard to the position of their names on any of the ballots. But in 
 case of an equality of votes for either or any of said officers so elect- 
 ed, then the common council shall determine the rank and prece- 
 dence of said officers by ballot at the first regular meeting- of the 
 common council thereafter, and in case there shall be an equality 
 of ballots for any of the officers of said city, so that there is no 
 election of any particular officer or officers, then a new election 
 shall be holdeu on the same day of the next succeeding week, at 
 the same hour of the day, to supply such vacancy or vacancies. 
 Mnyor's elec- ( rp^g ma y r shall be elected biennially the first election to be at 
 tiun Ueunial. * > . . . T ioeo \ A n m e , -^ 
 
 the annual meeting in January, 1808.) All officers of said city, 
 
 other than those above named, except as is herein otherwise ex- 
 pressly provided for, shall be chosen by the common council of 
 said city, and all the officers of said city shall hold their respective 
 offices until others shall be duly appointed and qualified in their 
 places. 
 
 Orinmizationof SEC. 4. The mayor, aldermen, and councilmeu of said city shall 
 c .imuoii coun- constitute and be a body known and denominated " The Common 
 cl1 ' Council of the City of Middletown," nine of the members of which 
 
 including the mayor, or person acting as mayor for the time being, 
 shall, at all meetings warned and held according to law, constitute 
 a quorum for the transaction of any business that may properly 
 r-werto make come before them, and the common council so convened shall have 
 power, by a major vote of those present, to make and ordain by- 
 laws or ordinances : 
 
 Relative to markets and commerce Avithinthe limits of said city ; 
 Relative to persons to attend and serve as jurors in said city ; 
 Relative to the streets, highways, public grounds, sewers, drains 
 and gutters of said city, and relative to making, paving, repair- 
 ing and using the same ; 
 
 Relative to hacks, carriages, carts, tj-ucks, and other vehicles, 
 and the prices for the transportation of persons and property 
 therein, within said city ; 
 
 Relative to the manner of warning meetings of said city and 
 common council, arid the time and place of holding the same ; 
 Relative to noise and disturbance in the night season ; 
 Relative to licensing cartmen, truckmen, butchers, bakers, and 
 the weight of bread, petty grocers or hucksters, and common vic- 
 tualers, under such restrictions and limitations as to said common 
 council may seem necessary and proper ; 
 Relative to all nuisances in said cify ; 
 
 Relative to encumbrances on railroad tracks and the speed of 
 railroad trains in said city ; 
 
 Relative to telegraph lines, and to wharves and the anchoring, 
 moving and mooring of vessels, within the limits of said city ; 
 
 Relative to the planting and preservation of trees in the public 
 streets and grounds of said city ;
 
 General powers, CHARTKK, How exercised 17 
 
 Relative to trespasses upon persons or property, public or pri- 
 vate, in said city ; 
 
 Relative to walks, buildings, landing places, public and private, 
 in said city ; 
 
 Relative to fires, and means of preventing the same ; 
 
 Relative to gunpowder ; 
 
 Relative to fire crackers, and other fire works ; 
 
 Relative to fire arms, and the firing thereof, and of cannon, with- 
 in the limits of said city ; 
 
 Relative to the beating of drums, and the ringing of bells within 
 said city ; 
 
 Relative to water works and the water fixtures of said city, and 
 the use of the same ; 
 
 Relative to the cleanliness and health of the said city ; 
 
 Relative to gas, gas fixtures, and public lights of said city, and 
 use of the same ; 
 
 Relative to the oaths and bonds of the officers of said city, to 
 secure a full and faithful discharge of their duties ; 
 
 Relative to all fines and penalties incurred by any breach of 
 any of the by-laws, ordinances or lawful orders of the common 
 council of said city ; 
 
 Relative to the city watch ; 
 
 Relative to the burial of the dead and the protection and pres- 
 ervation of the public burial grounds, and the fences, posts, rail- 
 ings, monuments, trees and shrubbery within and around the same ; 
 
 Relative to the restraint of all kinds of animals from going at 
 large within the limits of said city ; 
 
 Relative to the removal and disposal of all nuisances,, incum- 
 brances and obstructions in the streets, highways, walks and oth- 
 er places in said city, 
 
 And relative to any and all other subjects that shall be deemed 
 necessary and proper for the protection and preservation of the 
 health, property and lives of the citizens, 
 
 And to inflict penalties for the breach of any and all snch by- 
 laws, ordinances and orders of the common council ; provided that Limitation of 
 no greater penalty shall be inflicted for any one violation of any penalties, 
 one by-law, ordinance, or order of the common council, than a fine 
 of one hundred dollars, and the forfeiture of goods and chattels 
 of the value of one hundred dollars ; provided that all the by- 
 laws made by said common council shall be approved by said city 
 in legal meeting assembled, and after being so approved shall be 
 
 published at least three weeks successively in at least one news- By-laws to be 
 
 . i . if , i 11 i f rj-A i approved nd 
 
 paper in said city , before *the same shall be of any validity ; al- published. 
 
 ways provided that no by-laws of said city shall be made repug- 
 nant to the laws of this state or the United States ; and that 
 the by-laws of said city shall at any time, upon application made 
 within six months after they are made, be liable to be repealed by 
 nny superior court holden in Middlesex county, if by such superi- ^ a ? b g e u p'^!~ 
 or court, on a hearing, the same be adjudged unreasonable and un- court, 
 just.
 
 28 Health. 
 
 CHARTER. 
 
 Highways. 
 
 Cleaning of 
 docks. 
 
 SEC. 5. The common council shall constitute and be a board of 
 Common conn- health in said city, and as such, shall hare and execute all snch 
 
 oil a board of p Ower an( | authority as shall be necessary and proper for the pro- 
 health. J .. , , , ,., -.-., ..f 
 
 motion and preservation ot the health of the citizens and the pre- 
 vention of the spread of disease, and may make and cause to be 
 Health commit- executed all such orders in relation thereto as may be necessary 
 tee, their power an( j proper, and may appoint such health committee or commit* 
 and authority. te&g ^ ^^ guCQ p Ower anc j authority in relation thereto as they 
 
 shall judge expedient ; and the common council or such health corn- 
 Removal of mittee in said city may cause all filthy, putrid or unhealthy sub- 
 substances inju- stances of every kind, and all other substances which they shall 
 rious to health, deem injurious to the health or cleanliness of its citizens, to be re- 
 moved at the expense ef the proprietor or proprietors, or occu- 
 pants of the land or building in, upon or in front of which said sub- 
 stance may be, or of the person or persons causing, suffering or 
 continuing the same ; and for that purpose may after giving reas- 
 onable notice to the proprietor or occupant, enter into and upon 
 all lands and buildings of every description, and into all vessels, 
 boats, cellars and other places in said city And said common 
 council or committee may, after giving reasonable notice to the pro- 
 prietor or occupant, cause all docks in said city to be cleaned out, 
 filled up or altered, when necessary, for the preservation of the 
 health of the city, at the expense of the owners or occupant or oc- 
 cupants thereof, or the proprietor or proprietors, or occupants of 
 the land or lands and buildings fronting said docks. And the said 
 common council shall liquidate, adjust and apportion the expense 
 of cleaning out, filling up or altering the same among the persons 
 liable to pay the same, after giving them reasonable notice to ap- 
 pear and be heard in relation thereto, and may thereupon order 
 the same to be paid by each person accordingly 
 
 SEC. 6. The common council of said city shall have power and 
 authority to lay out new highways, streets, public walks, public av- 
 enues and public landing places in said city, and to alter, extend or 
 enlarge any highway, street, public walk, public avenue, or public 
 landing place in said city, and to discontinue or exchange the same 
 for other highways, streets, public walks, public avenues or public 
 landing places in said city, and to make and cause to be executed 
 all such orders relating thereto as shall be proper and necessary. 
 Any public highway, public street, public avenue, public walk, or 
 public landing place in said city, may be opened or laid out by any 
 individual with the consent of the common council previously there- 
 to had and obtained, expressly authorizing the same to be done, 
 and the same shall become and be a public highway, public street, 
 pubHc avenue, public walk or public landing place, whenever the 
 same shall be so opened and laid out, and a survey and particular 
 by indi- description thereof shall be made by the party so opening the same, 
 viduaia must be and shall be approved and accepted by the common council and 
 ma^vote ^recorded * n tue records thereof; but no public highway or publie 
 "he'common landing place in said city shall be opened cr laid out by any iadivid- 
 council. ual, unless by a vote of a majority of the common council previous- 
 
 Power of the 
 common coun- 
 cil in relation 
 to highways, 
 streets, &c.
 
 Laying out of highways. CHARTER. Preceedings. 2 
 
 ly thereto, expressly authorizing the same to be done ; and a sur- 
 vey and particular description of the same made by the i arty 
 opening the same, be accepted by the common council and re- 
 corded in the records thereof. 
 
 SEC. 7. Before the common council shall determine to lay out, P'f h ^ ay t s> * 
 alter, extend or enlarge any highway, street, public walk, pub- p " vedTn cfty 
 lie avenue or public landing place, in said city, they shall sub- meeting, 
 mit the same for approval to a city meeting duly and special- 
 ly warned for that purpose, and if approved, they shall give 
 notice to the owner or owners of the land upon, over or through 
 which the same is intended to be laid out or altered, to appear Notice to own . 
 before said common council, and be heard in relation thereto, e rs of land, 
 which said notice shall be in writing, signed by the mayor, or 
 one of the aldermen of said city, and shall be served by reading How served, 
 the same in the presence and hearing of said owner or owners, 
 or in their absence from, or residence without the state, in the 
 presence and hearing of the occupant, or person having the 
 care of the same, or by leaving a true and attested copy at his 
 or their usual place of abode, by either of the sheriffs, or by any 
 indifferent freeman of said city, at least ten days before the 
 meeting of said common council on said subject ; and thereup- 
 on, at the time and place mentioned in said notice, and at any 
 regular adjourned meeting therefrom, said common council shall 
 hear all the parties in interest, that may appear before them ; 
 and if after such hearing, said common council shall determine 
 to lay out, alter, extend or enlarge said street, highway, public 
 walk, public avenue or public landing place, then it shall be the Common conn- 
 duty of said common council by themselves or a committee by with owners of 
 them appointed for that purpose, to make such lay out or alter- lend respecting 
 ation, and to agree with the persons specially interested there- Damages or Len- 
 in respecting the damage or benefits, as the case may be, re- 
 sulting to them respective]}' from said lay out or alteration; 
 and in case said common council or said committee cannot 
 agree with all said persons respecting said damages and bene- 
 fits, then it shall be the duty of the mayor, or inliis absence of 
 the senior alderman present in said city, to appoint three ju- Appraisers, 
 dicious and disinterested freeholders of said city to estimate * d henappoint " 
 and appraise the damages that may be sustained by any per- 
 son or persons with whom said common council or committee 
 cannot agree, above and upon the special benefits he or they may 
 receive from said lay out or alteration, and also to estimate and 
 appraise the benefits that may accrue to any other person or 
 persons with whom said common council or committee cannot 
 agree, above and beyond the damages sustained by him or 
 them by said lay out or alteration, and report said damages 
 and benefits, and the persons to whom they respectively belong, 
 thus ascertained, to the common council. Before said freehold- MDS< be ? wnra 
 ers shall proceed to execute the duties of their said appoint-S^lasd '* 
 ment, they shall be sworn to a faithful and impartial discharge corded, 
 of their Baid duties by the person so appointing them, and a cer-
 
 30 Highways. CHARTER. Laying out of. 
 
 tificate of their said appointment, and the administration of 
 said oath, shall be made under the hand of the person thus ap- 
 pointing them, and recorded in the records of the common 
 Must give no- council. And it shall be the duty of the said freeholders to 
 i ye not i ce to tne parties specially interested in said lay out or 
 alteration, in the same manner as in this section is above pro- 
 vided, to be present at such time and place as shall be designat- 
 ed in said notice, to be heard in relation to the assessment of 
 said damages and benefits, and at the time and place mentioned 
 in said notice and at any other times and places to which said 
 freeholders may adjourn therefrom, said freeholders shall pro- 
 ceed to hear the parties in interest Avho may appear before 
 them, and shall thereupon ascertain and determine what per- 
 son or persons will be damaged by said lay out or alteration, 
 and the amount thereof over and above any special benefits he 
 or they may receive thereby, and also what other person or 
 persons will be specially benefited by said layout or alteration, 
 and the amount thereof over and above any damages he or they 
 may receive thereby, and they shall thereupon report the 
 t0 arnoun * ^ tne damages and benefits thus ascertained and de- 
 council the' a- termined, and the names of the persons to whom the same be- 
 
 mount of dam- i on g respectivelv, to the common council, who may accept said 
 acres and bene- " ' , . , , ,', .1 .j 
 
 fits determined, report or return the same to said freeholders lor their reconsid- 
 eration and correction ; and upon the acceptance of said report 
 Common coun.it shall be the duty of the clerk of the common council to re- 
 reconsiderTtion cor( ^ ^' e same m the records of the common council and give 
 of report. notice thereof to the parties interested therein accordingly ; 
 provided, that the whole amount of benefits assessed for any par- 
 ticular lay out or alteration shall not exceed the whole amount 
 of damages assessed on account of said lay out or alteration. 
 And the common council shall order the damages thus assessed 
 danrages. an ^ determined to be paid to the persons to whom they belong 
 respectively, out of the treasury of said city, and shall order the 
 benefits thus assessed and ascertained to be paid by the per- 
 sons upon wlrftm they are assessed respectively into the treasu- 
 ry of said city, within such time as they shall judge just and 
 Assessments .of reasonable to limit and appoint : and the assessments of ben e- 
 
 benefits a lien ,,. j , ,, , .. I . * ,. , . , 
 
 upon the land, fits so made shall be ana remain a hen upon the land on winch 
 they are respectively made, and in default of payment of the 
 same, maybe collected out of said land in the same manner as 
 town taxes are collected ; and it shall be the duty of said com- 
 mon council to make a survey of said lay out or alteration, 
 Survey to be with a particular description thereof, which being accepted by 
 the common council, shall be signed by the mayor, or in his ab- 
 sence, by the senior alderman present in said city, and record- 
 ed in the records of said common council ; and the said corn- 
 Common conn-mon council shall limit the time within which said street, high- 
 oil to limit the wft y ( p UD ii c W alk, public avenue or public landing place so laid 
 ing 6 a highway . u t or altered, shall be opened, and at the expiration of the 
 time so limited, may adopt any or all such measures, and make
 
 Highways. CHARTER. Laying out of. 31 
 
 - - - - -- 
 
 and cause to be executed all such orders as shall be necessary 
 and proper to appropriate the same to the purposes for which 
 the same was laid out or altered ; provided that no street, high- 
 way, public avenue or public landing place, shall be opened, Damages to be 
 
 -..' fi i i i it u -j j , 1 A i 'deposited in 
 
 until the damages assessed snail be paid or deposited in the the city treasu- 
 city treasury for the use of the person to whom the same may ry. 
 belong. 
 
 SEC. 8. All persons aggrieved by the estimate of freeholders, 
 or of damages occasioned by any lay out, alteration or design a - grieved" ma'y a p 
 tion of lines made according to the provisions of this act, and ply to a judge 
 all persons aggrieved by the assessments by them respectively ot l ^ e su i )erior 
 ordered to be paid, according to the provisions of this act, may 
 within twelve days after notice of such estimate or assessment, 
 apply by petition to any judge of the superior court for a re- 
 estimate of such damages or a re-assessment of the sums by 
 them ordered to be paid, giving reasonable notice in writ- 
 ing to the clerk of said city, of the time and place, when and 
 where, and the judge to whom such application will be made. 
 And said judge shall appoint three judicious, disinterested free- 
 holders of said city of Middletown, to re-estimate said damages ^ej^udge shall 
 or re-assess the benefits ordered to be paid as aforesaid ; and erJ! 
 said freeholders shall re-estimate said damages or re-assess the 
 sums or benefits ordered to be paid as aforesaid, under oath, 
 and make report of their doings to said judge, who shall have 
 authority for any cause which he shall judge sufficient, to set 
 aside such report, to correct the same, to order another esti- ^m^jori? 
 mate or assessment to lie made, or to make such order thereon correct it &c. 
 an to justice shall appertain. If upon any such application for 
 ri'-c^timutr of damages, said damages shall be increased or the 
 amount of benefits assessed shall be decreased by said freehold- Cos * of . ch 
 suh alication shal 11 ' 
 
 ers, the cost of such application shall be paid by said city ; 
 crwtse they shall be paid by such applicant. 
 
 SEC. 9. The common council of said city shall be and they 
 hereby are authorized and empowered to designate aline or Common conn- 
 lines on the lands of anv proprietor or proprietors adjoining cv- cil may dwrig- 
 
 i.i i r 11 ii- ' 11 nate building 
 
 ery highway, street or public walk, or public avenue already ] iues . 
 laid out, or hereafter to be laid out in said city, between which 
 line and such highway, street, public walk or public avenue, 
 no building or part of a building shall be erected, provided such 
 lines shall not be more than fifteen feet distant from such high- 
 
 way. street, public walk, public avenue. When said common Li u ? tion of 
 
 - ., , ,, 1 i ,. ,. , such hues. 
 
 council shall so designate a line or lines on the lands of such 
 
 proprietor or proprietors, they shall give such proprietor or 
 proprietors reasonable notice to be present at the time such 
 designation shall be made. And in making such designation, 
 due regard shall lie had to the general line of such highway, 
 street, public walk or public avenue ; and a survey shall be 
 made by direction of said common council, containing a partic- ^ch'iinesto be 
 ular description of such line or lines, with the quantity of land made and re- 
 on which the proprietor or proprietors arc prohibited to build, corded.
 
 32 Penalties. CHARTER. Sewers. 
 
 f 
 
 which being accepted by said common council, shall be signed 
 by the mayor or senior alderman, and recorded in the records 
 of said common council ; and the damages done to such pro- 
 f prietor or proprietors by such designation, shall be estimated by 
 three judicious, disinterested freeholders of said city, who shall 
 be appointed and sworn by the mayor, or in his absence by the 
 senior alderman of said city, and a certificate thereof shall be 
 made and recorded in the records of said common council, and 
 it shall be the duty of said freeholders to make returns of their 
 doings to the clerk of said common council, who shall record 
 the same. 
 
 SEC. 10. Any person or persons who shall contrary to the 
 P rov i s i ns f thisact, erect any building or part of building, be- 
 Sec. a. tween any line designated, as is by this act provided, on any 
 
 highway, street, public walk, or public avenue in said city, shall 
 forfeit and pay for the use of said city, a fine not exceeding 
 one hundred dollars, and in addition to such fine, all such build- 
 ings shall be annually assessed four fold in the list and ratable 
 estate in said city of Middletown. 
 
 SEC 11- The common council of said city shall have power 
 and authority, as they shall judge needful, to construct, or cause 
 Common coun-^o be constructed, a sewer or sewers within the limits of said 
 cilmaycn- city, through or along any highway or highways, or public 
 struct sewers. pr rounc is in said city, or across, through, in or upon the land or 
 lands of any person or persons, for the purpose of draining any 
 low, wet, or swampy portion of said city. And the common 
 council and the mayor and other officers of said city, in locating, 
 laying out, establishing and building, and constructing said 
 sewer or sewers, and the assessing the damages and benefits 
 that may result to any person or persons thereby, shall have the 
 ' same power and authority, and proceed in the same manner, as 
 is herein provided in case of laying out or altering streets, 
 highways, public walks, public avenues, or public landing pla- 
 ces in said city. 
 
 SEC. 12. This act may at any time be altered, amended, or 
 Repea 1 . repealed at the pleasure of the general assembly. 
 
 SEC. 13. This act shall be to all intents and purposes a public 
 act, and shall not take effect until the same shall be accepted by 
 said city of Middletown, at a city meeting specially called for 
 This act mrst that purpose, and it shall be the duty of the 'clerk of said city 
 be accepted., to cause a certified copy of the vote of acceptance to be record- 
 ed in the office of the secretary of state.
 
 PART II. 
 
 GENERAL ACTS IN RELATION TO CITIES. 
 
 Offenses against Decency and Morality. 
 
 June 5, 1830. 
 
 From the Statutes, Compilation of 1854, page 341. 
 
 SEC. 138. [Anatomical or surgical experiments upon dead 
 'bodies in any medical institution or appurtenances, except un- 
 der certain restrictions, prohibited.] 
 
 SEC. 139. The mayor and t\vo senior aldermen of any city, inspection of 
 and the selectmen of any town in which such college, academy, colleges, &o, 
 school, or medical institution, may be located, shall have au- 
 thority, at all times, to enter and inspect every part of such 
 building. 
 
 An Act Authorizing the Inspection of Leather, Hides and Skins. 
 
 June 9, 1841. 
 From the Statutes, Compilation of 1854, page 627. 
 
 SEC. 33. The several cities in this state may make by-law8 
 regulating the inspection of leather, hides and skins, within 
 their respective limits. Provided, that no penalty imposed for Inspection of 
 the violation of any such by-law, shall exceed twenty dollars leatber * c 
 for one offense. 
 
 5
 
 34 Hacks. CHARTER. Carriages.. 
 
 An Act concerning the Driving of Carriages and the Manage- 
 ment of Steamboats. 
 
 June 20, 1848. 
 
 From the Statutes, Compilation of 1854, page 399. 
 
 SEC. 4. The court of common council of the respective cities 
 of this state, may, from time to time, make such orders, rules 
 Common conn- and ordinances as they may deem necessary for the regulation 
 oil may regu- O f the public hacks or other public carriages for the conveyance 
 ifack^Tafld car-<>f passengers in said cities respectively ; may establish the 
 ria^es, and es- rates of fare for the conveyance of any passengers to or from any 
 
 tabiish rates ^of s t eam fooat landing or railroad depot or station, or other place or 
 fare without the . , . , ,. . ,, , l . '. ,11.1 
 
 concurrent ac- places within the limits of such city ; may assign and establish 
 
 tion of a city suitable and convenient stands for such hacks, or other public 
 meeting. carriages, in the streets, at the steamboat landings and railroad 
 stations, in such cities respectively ; may make all necessary 
 rules and orders for the safe and orderly occupation of such 
 stands ; may prescribe such penalties for each and every viola- 
 Penalty, tion of any such order, rule, ordinance or regulation, as they 
 may deem proper, not exceeding thirty-four dollars for any one 
 offense. 
 
 SEC. 5. All such orders, rules, regulations and ordinances, 
 
 shall be certified by the clerk of said common council, and 
 
 mu?t be'pub- published in one or more newspapers published in said cities 
 
 Hehed. respectively, at least once a week, for three weeks before the 
 
 same take effect. 
 
 SEC. 6. Every driver, owner or person having charge of any 
 public hack, or other carriage for the conveyance of passengers, 
 _ .. who shall refuse to conform to any such order, rule, regulation 
 
 or ordinance, so made and published as aforesaid, or who shall 
 in any respect violate any such order, rule, regulation or ordi- 
 nance, so made and published, shall forfeit and pay to the treas- 
 urer of the city to which they shall respectively belong, such 
 fine as shall be by said court of common council prescribed there- 
 for. 
 
 IN ADDITION, JUNE 22, 1850. That whenever final judgment 
 shall be rendered against any person, under and by virtue of 
 and 'bow en?** *k e sixth section of the act to which this is an addition, for the 
 forced if not fine or forfeiture thereby incurred and for costs, if such person 
 8 ^ a ^ not P a ^ t ^ ie same ^thin thirty days after the judgment 
 Q^H fc e rendered, he shall be committed to the work-house in 
 the town where he dwells, to be kept at hard labor not exceed- 
 ing twenty days, or the county jail in the county where the 
 defendant dwells, there to be kept in close confinement not ex- 
 ceeding a like term of twenty days ; and the court before which 
 judgment shall be had, shall issue execution accordingly. Pro- 
 vided, that in case the person thus committed shall be unable
 
 Ninepin Alleys. _ CHARTER. _ Billiard Tables. 35 
 
 to pay the expense of his support in the work-house or jail, the Proviso, rela- 
 same shall be paid by the plaintiff : and provided also, that if Se?impnro! 
 
 ' 
 
 , e 
 
 such person shall pay such execution, costs, and expenses, he mnt.' 
 shall be thereupon released from the work-house or jail. 
 
 Offenses against Public PoEcy. 
 
 June 27, 1848. 
 
 Prom the Statutes, Compilation of 1854, page 329. 
 NINEPIN ALLEYS. 
 
 SEC. 105. Every person who shall keep in his custody or pos- Ninepin aileyi 
 session, or in any house, or building, or its appurtenaces, or in peSiS^d'by 
 any place in his occupation, any ninepin alley, so called, or place town, borough 
 in his occupation, any ninepine alleys, so called, or place for . r cit y autQ n- 
 playing bowls, skittles, or nine pins, whether more or less than Penalty 850. 
 nine pins are used in such play, shall be punished by fine, not 
 exceeding fifty dollars, nor less than seven dollars. Provided, 
 that the selectmen, or a major part of the selectmen, of any 
 town, may, by an instrument in writing under their hands, au- 
 thorize such an alley to be kept at any place IB their respective 
 towns, not included within the limits of any city, or borough, 
 duly incorporated by the laws of this state ; and the mayor, ^cSffiiS 
 aldermen, and common council, of any such city, or a majority poses only. 
 of them, or the wardens and a majority of the burgesses of 
 any such borough, may, in like manner, authorize such an alley 
 to be kept at any place in such city, or borough, respectively, 
 when said selectmen, or other authorities, shall be satisfied the 
 same will be used solely for the purpose of health and recrea- 
 tion, in which case said penalty shall not be incurred ; and it 
 shall be the duty of said selectmen, or said other authorities, 
 to revoke the liberty given by them, whenever any such alley 
 shall be used contrary to the intent of this section. One half Penalty, how 
 the penalty recovered, and actually received, from any person disposed of. 
 for any violation of this section, shall be paid, under the order 
 of the court having cognizance of the offense, to the person who 
 shall complain, and furnish evidence, to any informing officer, of 
 such violation. 
 
 BILLIARD TABLES. 
 
 SEC. 106. Every person who shall keep in his custody, or Billiard table* 
 possession, or in any house, or building, or its appurtenances, or P roh ' bit *d,nn- 
 in any place in his occupation, one or more billiard tables, shall town! tourouS 
 be punished by a fine, not exceeding two hundred dollars. or city aathori- 
 Pracided, that the selectmen and grand jurors of any town, or pe^jtv $100 
 the major part of such selectmen and grand jurors, may, by an 
 instrument in writing under their hands, authorize one or more
 
 36 City Meetings. CHARTER. Firemen exempt- 
 
 May be licensed billard tables to be kept at any placein their respective towns.not 
 for certain pur- included within the limits of any city, or borough, duly incorpo- 
 poses only. ra ted by the laws of this state ; and the mayor, aldermen, and 
 common council, of any such city, or a majority of them, or the 
 warden and a majority of the burgesses of any such borough, 
 may, in like manner, authorize one or more billiard tables to be 
 kept at any place in such city, or in such borough, respectively, 
 when said selectmen, or said other authorities, shall be satisfied 
 the same will be used solely for the purposes of health and re- 
 creation, in which case said penalty shall not be incurred ; and 
 it shall be the duty of said selectmen, and grand jurors, or said 
 other authorities, to revoke the liberty by them given, whenev- 
 er they shall be satisfied that such table or tables, are used 
 contrary to the intent of this section. One half the penalty 
 recovered from any person for a violation of this section, shall 
 be paid, under the order of the court having cognizance of the 
 case, to the person who shall complain, and furnish evidence of 
 such violation. 
 
 An Act in addition to "An Act concerning Communities and 
 Corporations." 
 
 June 22, 1849. 
 
 CITY MEETINGS. OBJECT TO BE SPECIFIED.'! 
 
 Be it enacted by the Senate and House of Representative* in Gen- 
 eral Assembly convened : 
 
 Every warning of any meeting of any borough, city, ecclesi- 
 ' astical society, school society, school district, or other public 
 community, shall specify the objects for which such meeting is 
 thir objects, to be held. 
 
 An Act relating to Firemen. 
 
 June 25, 1852. 
 
 EXEMPT FROM JURY SEBVICE. 
 
 Bt it enacted by the Senate and House of Representative in Gen- 
 eral Assembly convened : 
 
 SEC. 1. That all persons who shall be members of any fire 
 froml. com P aii y'' authorized by and organized under the laws of tin's 
 itaryorjury state, and all persons who shall be engineers, or wardens of 
 erviceand poll an y fir e department, in any of the towns of this state, shall dur- 
 ing the time of such service be exempt from serving as jurors in
 
 Firemen exempt. CHARTER. "Maine Law." 37 
 
 any of the courts of this state, from the payment of poll taxes, g^ page 39 
 and from the performance of military duty except in the case 
 of war or insurrection. 
 
 EXEMPTION AFTER SIX YEARS' SERVICE. 
 
 SEC. 2. All persons who, after the passage of this act, shall 
 serve six successive years in the above-mentioned capacity ofpi remenjft ft er 
 firemen, or as engineer and warden, shall he and remain there- six years' ser- 
 after exempt from the performance of military duty, except in ^p't^ror^mfi- 
 the case of war or insurrection, from serving as jurors in any of itary or jury 
 the courts of this state, and from the payment of poll tax in the "e^ice or poll 
 town in which such duty and service is performed. 
 
 SEC. 3. All acts and parts of acts inconsistent herewith, are 
 hereby repealed. 
 
 An Act for the Suppression of Intemperance. 
 
 June 22, 1854. 
 SUCH PARTS AS RELATE TO CITIES. 
 
 SEC. 19. Every selectman, and every constable, within his ( , Maine . 
 own town, and every mayor and every alderman, within his 
 own city, shall have the same powers as a grand juror, to in- Mayor or alder- 
 stitute and conduct prosecutions for all violations of this act ; men may pros- 
 and the foes of such selectman, constable, mayor or alderman, ecute m Cltics ' 
 for such services, shall be the same, and shall be paid in the SEE COMPILA- 
 same wav, as foes of grand jurors for like services. TION ^, ^ 85 A'. 
 
 toe* a i T n A i i s i .PAGES 830,834 
 
 IK ADDITION. 1854. bEC. 1. In all cities the judges (a) of, Q x gee 38 
 [the] police courts and [* *j other courts and the [* *] may- 
 ors, aldermen and other officers, who noir have or may "hereafter 
 have jurisdiction in any criminal capes, shall severally and in- 
 dividually have and exercise within their respective cities, con- Judges of po- 
 currently with justices of the peace, on and after the 1st' day lice or otl ? er 
 of August, 1854, the same criminal jurisdiction and the same offlc^shavmg 
 powers and duties which justices of the peace in the several criminal juris- 
 towns will, after said first day of August next, have and exer-^ ic v tlo . n '.l l . y 
 cise under the provisions of "An Act for the Suppression of In-tkm of offense* 
 temperance," passed at this present session, and such other against Maine 
 acts as have been or shall be passed in addition to or in altcra- aw ' 
 tion thereof. And from the judgments of such judges, mayors, 
 aldermen and other officers, an appeal may be taken to the 
 county (b) courts in the same manner and upon the same con- 
 ditions as from the judgments of justices of the peace in like Appeals,how 
 cases under said act ; and such appeals shall be by said county taken< 
 courts disposed of in the same manner as appeals fiom the ius-,,. 
 
 ...i j . j (o)SCP. COfRT. 
 
 ticeg of the peace under said act. A< 5 T OF i 866- 
 
 SKC. s. * * * * All justices of the peace residing within
 
 38 Police Court. CHARTER. Firemen exempt 
 
 Jurisdiction of any eit y, shall, after said " Act for the Suppression of Intemper- 
 the peace! 01 anc e" shall have taken effect, have and exercise the same crim- 
 inal jurisdiction, and the same powers and duties which justices 
 of the peace in the several towns may then have and exercise 
 under the provisions of said last named act, or any other act in 
 addition to or in alteration thereof. [The provisions of any 
 other private or public act to the contrary notwithstanding.] 
 
 An Act granting Jurisdiction to Police Courts. 
 
 June 28, 1855. 
 
 # 
 
 Be it enacted by the Senate and House of Representatives in Gen- 
 eral Assembly convened : 
 
 That in the several incorporated cities of this state, in which 
 jurisdiction in certain criminal cases is committed by law to po- 
 Police courts to ij ce courts sa j<j police courts shall have and exercise within 
 have mrisdic- . . i . < ,1 .1 
 
 tion of offenses said cities, concurrently with justices of the peace, the same 
 
 under the Maine criminal jurisdiction, and the same powers and duties, which 
 
 law * justices of the peace have and exercise, under the provisions of 
 
 an act passed May session A. D, 1854, entitled " An Act for the 
 
 Suppression of Intemperance." 
 
 An Act in alteration of an Act entitled "An Act for Forming 
 and Conducting the Military Force." 
 
 June 29, 1955. 
 
 FIREMEN EXEMPT. 
 
 Be it enacted by tht Senate and House of Representatives in Gen- 
 eral Assembly convened: 
 
 SEC. 1. That all persons belonging to any regularly organiz- 
 ed fire engine, hoo$: and ladder company, or sack and bucket 
 empted n from company, in any city or town in this state, and regularly do- 
 military duty, ing service therein, shall not be subject to military duty, but 
 muutiont^ m " are declared to be exempt therefrom, and entitled to the bene- 
 fits of the fifth section of the act (a) of which this act is an al- 
 () COMPILA- teration. 
 oNi8W,FAOK g EC< 2. This act shall take effect from and after its passage. 
 
 660.
 
 Validating Act. CHARTER. City Court.. 39 
 
 An Act concerning Amendments of Charters of Cities and other 
 Incorporated Companies. 
 
 June 29, 1855. 
 
 CERTAIN ACTS MADE VALID. 
 
 Be it enacted by the Senate and House of Representatives in Gen- 
 eral Assembly convened : 
 
 That all alterations or amendments of the charter of any city, 
 or other corporation of this state, heretofore made, which by Former acts 
 law were required to be accepted within any specified time, or relative to 
 in any specified manner, shall together with the doings of the corporations 
 corporation under the same, notwithstanding any failure or binding, ai- 
 neglect to accept the provisions thereof during such period, be, 
 in all respects, as valid and binding upon such city, or other 
 corporation, and the inhabitants or members thereof, as though 
 no such failure, neglect or informality had intervened. Provided, proviso, 
 such alteration or amendment shall have been, afterward, duly 
 accepted. Provided, however, that this act shall not affect any 
 suit or action now pending. 
 
 An Act in addition to " An Act in alteration of an Act rela- 
 ^ting to Courts," passed May Session, 1855. 
 
 June 29, 1855. 
 BO FAB AS IT RELATES TO CITIES. 
 
 SEC. 1. The powers and jurisdiction of the several city courts 
 in this state shall not be affected by any of the provisions of the 
 act to which this is an addition, but all the powers conferred Powers and dn- 
 and duties imposed upon said courts, or the officers thereof, ^rts n6^ af- 
 whether at this or any preceding session, and all laws in re- feoted by act 
 spect to costs and fees in said courts, shall be construed in M e tinu toe' county 
 same manner as if the county courts had not been discontinued, courts. 
 
 An Act in addition to an Act relating to Courts. 
 
 June 30, 1855. 
 CITY COURTS. WRITS OP ERROR. 
 
 Be it enacted by the Senate and House of Representatives in Gen- 
 eral Ansembly convened : 
 
 SEC. 1. Whenever final judgment or decree is rendered in
 
 40 City Court. CHARTER. Theaters, &c. 
 
 Writ of error any city court in this state, in any cause in which a party may 
 '^ 6 ent i t ^ e d to a writ of error, to the superior court, such party 
 may, in the same term, and within twenty-four hours after the fi- 
 nal judgment or decree, file the motion, that the record in such 
 cause may be transmitted to the next superior court in the county 
 where such city court is held, and thereupon such city court shall 
 have the same powers with reference to such motion as are given 
 *No BUCH SBC- to the superior court in 166th section* of the act to which this ia 
 ^, 1 ?^,^ CI I an addition, upon similar motions in the superior court for the 
 
 ILAOriONSjSh I/ ... -i, a 
 
 TION 166, AS transmission of records to the supreme court of errors, and upon 
 THEPBOBABLB the allowance of such motion, a ccpy of the record shall be entered 
 on file in the next superior court for such county, which shall pro- 
 ceed therein, as on a writ of error, and said city court may, upon 
 allowing said motion, stay execution whenever it shall think prop- 
 er so to do. 
 
 SEC. 2. [Relates to the city of Hartford.] 
 
 An Act in alteration of "An Act concerning Crimes and Pun- 
 ishments." 
 
 June 30, 1855. 
 
 THEATRICAL AND OTHER EXHIBITIONS. 
 
 Be it enacted by the Senate and House of Representatives in Gen- 
 eral Assembly convened: 
 
 That the mayor, aldermen and common council of any city, and 
 Th t ' l and ^ e warden and burgesses of any borough, or a majority of them, 
 other exhibi- and the selectmen of any town, shall have power to allow and reg- 
 ions may be ai- u late, under such terms and conditions as they shall see fit to pre- 
 mon co^mcii m scribe, any theatrical or other exhibitions, except circuses, within 
 and other town their respective cities and boroughs, any law to the contrary not- 
 Sffi C er B ? Ugh withstanding.
 
 Highways. CHARTER. Highways 41 
 
 An Act in addition to an " Act concerning Highways and 
 Bridges." 
 
 July 1, 1856. 
 
 Be it enacted by the Senate and House of Representatives in Gen- 
 eral Assembly convened: 
 
 Whenever any highway or street has been laid out, or shall when high way, 
 hereafter be laid out by the court of common council of the city ^'i^'i^fon-"* 
 in which such highway or street is situated, and the land dam-tinued before 
 ages have been or shall be assessed in favor of the owners ofP ening 
 the lands over which such highway or street is laid, and such O f benefits 
 highway or street has been or shall be legally discontinued be- an ^ damapeato 
 fore the same shall have been opened or worked, then no action become vold ' 
 shall be brought against the city in which such highway or 
 street is situated for the recovery of such assessment, but the 
 same shall become void ; provided that the owner of the land 
 over which such highway or street is laid, may recover of said 
 city the actual damages, which he may have suffered in conse- Actual damages 
 quence of the laying out of such highway ; such damages to be^ 136 recover ' 
 recovered by an action on the case founded on this statute, pro- 
 vided also, that this act shall not affect any suit now pending. 
 
 An Act in alteration of An Act concerning Highways and 
 
 Bridges. 
 
 July 1, U56. 
 
 Be it enacted by the Senate and House of Representatives in Gen- 
 eral Assembly convened : 
 
 SEC. 1. Nothing in the 21st section of the act, of which this Selectmen of 
 is an alteration, shall authorize the selectmen of any town, to*?* 1 . 1 . 8 ?* ? u " 
 lay out any public highways within the limits of any incorpo-out'htghways* 7 
 rated city in said town ; but the laying out, discontinuing, al- ?" tnin cit ? lim> 
 tering and grading highways and streets in said cities, shall be lt3 ' 
 done solely by the proper authorities thereof, according to the 
 provisions of their respective charters. 
 
 SEC. 2. The twenty-ninth section of the act of which this an 
 alteration is hereby repealed, Provided that said repeal shall Rpeal. 
 not affect any proceeding now pending. [The part relating to 
 New Haven is omitted.]
 
 42 Fire Marshal. CHARTER. Fire Marshal. 
 
 An Act to prevent Incendiary Fires. 
 
 June 27, 1857. 
 
 Be it enacted by the Senate and House of Representatives in Gen- 
 eral Assembly convened : 
 
 Common court- SEC ^- That the mayor, aldermen and common council of 
 cil may appoint each city, and the wardens and burgesses of each borough in 
 fire marshal. t his state, may appoint a fire marshal for each of their several 
 incorporations, who shall hold his office for one year. That said 
 fire marshal shall have power to inquire into the cause of 
 any fire which may happen in the limits of the corporation for 
 which he is appointed, on being requested so to do by a proper 
 officer of said corporation, or by anv one interested in the prop- 
 erty burned, at the expense of the applicant. Said marshal 
 Marshal to in- may summon witnesses to appear before him at such times and 
 of 'nr^and^rT-P^ 068 as ne ma ^ .designate, and examine said witnesses on oath, 
 port. touching said fires, and shall make a report of his examination, 
 
 and the facts fyund by him to the clerk of the city or borough 
 for which he is appointed. 
 
 SEC. 2. In case any fire shall happen in this state out of the 
 limits of an incorporation in which there may be a fire marshal 
 shaT C confered r an 7 pe rson interested in the property burned, may apply to any 
 on justice of justice of the peace in the town where said fire has taken place, 
 peace. an( j g^ft j us tice, in like manner as is provided in the first sec- 
 
 tion of this act, and at the expense of the applicant, may sum- 
 mon witnesses before him, and examine them on oath in relation 
 to said fire, and shall find the facts as they may be proved before 
 him, which finding shall remain in the files of his office. 
 F Ces . SEC. 3. The fees of such fire marshal or justice of peace, 
 
 while engaged in investigating the cause of any fire as afore- 
 said shall be two and one half dollars per day ; witness fees, 
 subpoenas, and the service of subprenas, shall be the same, as 
 are allowed in the superior court.
 
 BY-LAWS.
 
 BY-LAW I. 
 
 MAYOR AND COMMON COUNCIL. 
 Enacted Sept. 28. 1851. Approved Oct. 13. 
 
 Be it ordained by the Mayor, Aldermen, Coundlmen and Free- 
 men of the City of Middletown : 
 
 SEC. 1 . The mayor shall be the chief executive officer of the city, Powers and du- 
 and as such shall have a general supervision of the affairs O f ties of mayor, 
 the city. He shall preside at all meetings of the common council 
 and of" the freemen of the city, and shall call meetings of the 
 common council whenever in his opinion their action or advice 
 is needed for the good government of the city, and when the 
 common council is thus assembled, he shall make such sugges- 
 tions and recommendations as in his judgment will most con- 
 duce to the best good of the city ; and at the close of each 
 year of his service, he shall make a statement in writing of the Mayor's report, 
 condition of the affairs of the city, addressed to the freemen 
 thereof, with such suggestions and recommendations relative 
 to the condition of the city, and proper administration of its 
 affairs, as in his judgment may be needful and proper. In the 
 performance of his duties all subordinate officers will give him 
 their active cooperation and support, and he will exercise such 
 powers for the preservation of peace and good order in the city 
 as are devolved upon him in the charter and public acts relating 
 to the city, and in the by-laws of the city. 
 
 SEC. 2. In the event of the absence or inability of the may- 
 or, the duties devolving upon him by by-law, shall be perform-^ e a n n io t r ald . er ~ 
 ed by the senior alderman, or by the alderman highest in absence^r may- 
 rank and precedence in the city as designated in Sec. 3, of the or - 
 Act amending the City Charter, passed May session, 1856, and 
 said alderman is to be obeyed and respected accordingly. 
 
 SEC. 3. Meetings of the freemen of the city shall be held at 
 the most convenient place within the limits of the city. The city meetings 
 city clerk shall attend all such meetings and keep an accurate re- where held, 
 cord of proceedings ; which record and all papers of importance 
 relating to said meetings shall be carefully preserved by the 
 clerk and be deposited for safe keeping in such place as the com- 9 !t ? clerk hia 
 mon council shall direct. The clerk shall, previous to any meet- " 
 ing for the election of Officers prepare for use at such meeting 
 a list of persons entitled to vote therein. 
 
 SEO. 4. The common council shall assemble for the transac- 
 tion of business as often as once every month and oftener if re-
 
 4 6 Common Council. 
 
 BY LAWS 
 
 Common Council. 
 
 Clerk of the 
 common coun- 
 cil. 
 
 quired by the mayor as provided in Sec. 1, or if demanded by 
 a majority of their number. The order in both cases to be in 
 writing, to be served by the city sheriff in the usual manner of 
 
 Meetings of the serving writs by summons, service to be made at least three 
 
 common coun- i if J.IA- c j e j.- 
 
 cil how warded. ours " e f re the time fixed tor any meeting. 
 
 SEC. 5. The proceedings of the common council shall be re- 
 corded in a book or books to be provided for the purpose, and 
 all important reports, and documents relating to the affairs of 
 
 Sm m onc f oun e - the cit ^ sha11 be carefull J preserved. The city clerk shall be 
 cil. clerk of the common council unless otherwise directed by the 
 
 common council, and shall receive such compensation for his 
 services as the common council shall deem to be just and proper. 
 The clerk shall be notified, as provided above, of all meetings of 
 the common council, and in case of his absence or inability the 
 common council may appoint from one of their number a clerk 
 Clerk pro tern, pro tern. 
 
 SEC. 6. The meetings of the common council shall be held in 
 the common council room of the city, unless there shall exist 
 an urgent necessity for meeting in some other place, and it shall 
 
 _, be the duty of the common council to see that the council room 
 
 \ /ommon coun* * , * -\ . / j i / i rii 
 
 cil room. 1S kept in proper condition for the safe keeping of books, maps, 
 
 documents and whatever else may be proper to be preserved 
 Preservation of in the archives of the city, and in case there shall be no fire 
 &c k beionglnK P ro f sa ^ e m sa ^ council room or in the room occupied by the 
 to the city. clerk, the records and whatever else shall be most valuable 
 shall be deposited, when not in use, by the clerk in some fire- 
 proof safe, approved by the common council, convenient of ac- 
 cess to said council room. 
 
 SEC. 7. The common council shall have power by a major 
 vote of their number to call a meeting of the freemen of the 
 city. The order therefor shall be in writing, signed by the may- 
 how called by' or an< ^ addressed to the city clerk, who shall cause notice of 
 common coun- such meeting to be printed with large type and posted in the 
 most conspicuous places in said city, at least two days before 
 the time fixed for such meeting, and shall also cause the same 
 to be published by an insertion in such of the newspapers of 
 the cit3 r as may be issued prior to said meeting. Meetings of 
 the freemen of the city shall also be called in a similar manner 
 whenever the mayor shall be requested so to do by the written 
 petition of not less than fifty in number of the freemen of the 
 city. Notices of the annual meeting of the freemen of the city 
 for the election of officers shall be posted as above and publish- 
 ed in all the city papers at least once prior to said meeting. 
 
 SEC. 8. If any person elected to the office of alderman or coun- 
 lect to" serve ~ oilman shall refuse, or if he shall neglect to take the oath of office 
 
 asaldermen or ag prescribed, for two months after being thus elected, he shall pay 
 councilman. r . , ' . , 11 
 
 a fine into the city treasury of five dollars, and his election shall 
 
 considered void, and the common council may proceed to call a 
 
 cil. 
 
 By request of 
 citizens. 
 
 Notices. 
 Penalty f or neg- 
 
 Another elec- 
 tion. 
 
 city meeting to make another election.
 
 Common Council. 
 
 Police 4 7 
 
 SEC. 9. The city shall have a 
 corporate seal, the devise upon 
 which shall be as follows : In the 
 foreground, a railroad locomotive 
 with implements of agricultural, 
 manufacturing and mechanical in- 
 dustry. In the middle ground a ^ of thc city> 
 river bearing on its surface, a steam- 
 er and other vessels and in the 
 back-ground the rising sun with a 
 landscape the whole to be sur- 
 rounded by the words " City of 
 Middletown, Connecticut," of 
 which device the annexed figure 
 is a representation ; which seal shall be kept by the Mayor and 
 shall only be appended to such documents as require the signature 
 of the Mayor or alderman acting as mayor. 
 
 Enacted Sept. 28. 
 
 BY-LAW II. 
 
 POLICE. 
 1851 
 
 Approved Oct. 13. 
 
 Be it ordained by the Mayor, Aldermen, Councilmen and Freemen 
 of the city of Middletown : 
 
 SEC. 1. The first sheriff shall have, under the direction of the sheriff, to hav 
 mayor, the command of the entire constabulary and police force of control of po- 
 the city, including constables, special constables and watchmen, c 
 and he shall be active and vigilant in suppressing all irregularities 
 and in preserving peace and good order within the limits of the 
 city, and shall make report to the mayor from time to time 
 be required of his doings, He shall have charge of the city pris- 
 on or watch kouse and its furniture, and the supplying of the same To have charge 
 with the necessary light and fuel, and the inmates, if any, with ne- of watcn - nouae 
 cessary food at the expense of the city. 
 
 SEC. 2. It shall be his duty, in addition to the powers and du- TO attend on 
 ties devolving upon him under the city charter and its amendments ; the city court. 
 To attend on the city or recorder's court, for which service he shall 
 receive such compensation as said court may deem proper, not ex- 
 ceeding two dollars per day. 
 
 To serve notices of meetings of the common council as prescribed 
 above in Sec. 4, by-law I ; council. 
 
 To cause the city bell to be rung on occasions of city meetings, 
 as directed by the common council ; To riag beUt 
 
 To be present at all fires in the city, to assist thereat in the pre-
 
 48 Police. BY-LAWS Police. 
 
 To be present servation of order and in the protection of property, at which said 
 
 fires he shall wear his distinguishing badge ; 
 
 To attend meet- To attend all meetings of the common council and of the freemen 
 ings of common of the city, and to see that the halls for such meetings are in suita- 
 council and city ble condition and properly lighted and warmed, and to be present at 
 the opening of such meetings and remain until they are closed un- 
 less sooner excused. 
 
 SEC. 3. In case of the absence or inability of the first sheriff the 
 Absence or ina- powers and duties devolving upon him as above shall be exercised 
 bility of first and performed by the second sheriff, and in the absence or inability 
 of both of the sheriffs, the constable first named on the list of city 
 constables shall perform the said duties and exercise the said pow- 
 ers as far as allowable under the city charter and public acts of 
 the State. 
 
 Sheriff's bond. SEC. 4. Each sheriff shall give a penal bond for the faithful per- 
 formance of the duties of his office with such surety as the mayor 
 shall approve. The amount of the bond to be not less than five 
 hundred dollars. The sheriffs for services rendered shall receive 
 such compensation as may be deemed proper by the common coun- 
 
 Sheriff's com- c jj j n tj lose cases where their compensation is not fixed bv the laws 
 pensation. . ~, 
 
 of the State. 
 
 Constables and SEC. 5. The constables, special constables, and watchmen, shall 
 watchmen to be vigilant in preventing and suppressing all irregularities within 
 suppressed! ir- the limits of the city, by which the peace and quiet of its citizens 
 regularities, are disturbed, and the safety of property endangered, and shall 
 hold themselves in readiness at all times to respond to the call of 
 sheriffs, or of the mayor for assistance, and shall obey promptly 
 all such orders as they may receive from those officers. The con- 
 To be cresent stables and special constables shall be present at all fires in the city 
 to assist the sheriffs in the preservation of order and the protection 
 of property, and for service rendered by them they shall receive 
 Compensation. sucu compensation as the common council shall deem to be just and 
 proper. 
 
 SEC. 6. All officers charged with the preservation of the peace 
 Officers' badges, of the city shall wear when on duty at fires, or at meetings of the 
 common council or of the freemen of the city, their distinguishing 
 badges as prescribed by the common council. 
 
 SEC. 7. If any person shall beat or cause to be sounded any 
 _ . f drum or fife, or shall discharge or cause to be discharged any pis- 
 drumsf&c. fir- tol, guu or piece of ordnance, or fireworks, or ring any bell, or blow 
 ing of pistoh, an y steam whistle, or by any other means or instruments shall 
 ftea'm l0 v^!i"ue / cause or produce within the limits of the city any noise of like char- 
 and other nois- acter, to the aniioyance and serious discomfort of any citizen, the 
 es prohibited. p ersou so O ff eu diug shall forfeit and pay the sum of two dollars for 
 each offense, and double that amount if the offense is committed on 
 the sabbath or Lord's day, or in the night season between sunset 
 Except by per- and sunrise of the following day. Provided that on occasions of 
 mission ou public festivity, and of military exercises and parade, it shall be 
 lawful for the mayor, or common council by an order in writing to 
 allow such noise, under such restrictions as to time and place, and
 
 Police. Taxes, BYLAWS. Revenues, &c. 49 
 
 instruments used as they may deem proper. Provided also, that Common coun- 
 it shall be lawful for the common council to make such order in re- elSate ri De- 
 lation to the ringing of church and other bells, and the blowing ing of bells ani 
 
 of steam whistles, on occasions other than those designated above, blowing of 
 
 , .1.1 whistles, 
 
 as they make think proper. 
 
 SEC. 8. If any person shall be a party to or concerned in any 
 conduct of a nature to disturb the quiet und peace of any citizen, penalty for 
 either alone or congregated with others, or shall disturb the peace breach of peac 
 and quiet of the city, by marching or promenading through the 
 streets or public grounds of the city, shouting or hallooing or ut- 
 tering sounds and making noises of a disorderly character the per- 
 son so offending shall forfeit and pay a fine of two dollars for each 
 offense, and double that amount if the offense is committed on the 
 sabbath or in the night season as above specified. 
 
 SEC. 9. The common council are hereby authorized, as occasion 
 may require, to offer such rewards as to them shall seem proper for 
 the detection of trespassers and persons guilty of breaches of the 
 peace or of any crime within the limits of the city, which rewards Rewards for de- 
 shall be paid from the city treasury, and the said common council 
 is authorized to employ a special watch for the detection of tres- 
 passers and preservation of the peace and the property of the city 
 and of the citizens thereof, which watch shall receive for services 
 rendered such compensation as the common council shall deem to 
 be just and proper. 
 
 BY-LAW III. 
 
 TAXES, REVENUES AND EXPENDITURES. 
 Enacted Se.pt. 28. 1857. Approved Oct. 13. 
 
 Be it ordained by the Mayor, Aldermen, Coundlmen and Freemen 
 cf the City of Middletoicn : 
 
 SEC. 1. The city treasurer shall have the custody of the funds 
 of the city and shall take the oath required of town treasurers, Cit ? treasurer, 
 and give a bond to the amount of not less than two thousand dol- 
 lars, with such sureties as shall be approved by the mayor, which 
 bond shall be renewed, or new sureties added, at the pleasure of the 
 common council. 
 
 SEC. 2. All moneys due or owing to the city, excepting taxes and shall keep accn 
 assessments on property, shall be collected by the treasurer, who rate ace >unt of 
 
 shall keep an accurate account thereof and of all moneys received mo ? e ^ i, and 
 . . ,- c ,, . , J . , . make! illreport 
 
 by him, and shall keep a like account of all moneys paid out by him 
 
 for the city, and shall make a full report of all such receipts and ex- 
 penditures at the close of each year of his term of service, which 
 report shall be rendered to the common council on or before the sec- 
 ond Monday in January, in each year ; the report to state distinc- 
 tively the source whence received and the amount of each payment 
 7
 
 50 Taxes, Revenues, BY-LAWS. Expenditures. 
 
 into the treasury, and the amount of each bill or claim paid, the 
 character and object thereof, and the name of the person or per- 
 sons to whom paid, and it shall also contain a statement of bills or 
 claims which remain unpaid, whether the same be due or owing to 
 or from the city ; and it shall contain also a classification or analy- 
 sis of the disbursements made during the year, showing the aggre- 
 gate amount paid under each general and separate head with such 
 explanations as may be necessary to the full understanding of the 
 condition of the finances of the city. 
 
 SEC. 3- All pa ers, vouchers, c. relating to claims due or ow- 
 Claims to be S to tne C ^J> an( ^ to a ^ claims paid by the treasurer shall be care- 
 presented to the fully preserved by him, and all claims against the city before being 
 ^ ( !^ o D ^v^i P a id by the treasurer shall be presented to the common council for 
 
 cn ior approval * .. * 
 
 before payment their examination and approval, and when thus approved, the inajr- 
 or shall draw an order for the sum allowed upon the treasurer, and 
 the several claims thus allowed, shall be numbered, filed and pre- 
 served in the treasurers office, and all orders drawn as above for 
 the payment of claims shall be registered in a book kept for the 
 . purpose. Provided, that orders for interest moneys due by the 
 toTutere and 6 c ' t y an ^ a ^ payments of moneys borrowed by the city, may be 
 borrowed mon- drawn by the mayor without the approval of the common council 
 e >' 8 ' being first had and obtained therefor. 
 
 SEC. 4. The treasurer shall, upon the levying of any tax by the city, 
 
 Tr su rto P re P are f r tne use of the collector of taxes from the last preceding 
 
 prepare tax assessment, an accurate list of persons liable to pay taxes, with the 
 
 fists. amount due from each, which list shall be delivered to the collector 
 
 in time to enable him to collect such tax within the time fixed for 
 
 the purpose. 
 
 SEC. f). For services rendered by the treasurer he shall receive 
 Treasurer's snc ^ compensation as the common council shall deem proper, and 
 compensation, when any treasurer shall retire from office he shall deliver to his suc- 
 cessor, or in default of a successor to the mayor all moneys, books 
 His duty on re; papers, &c., belonging to the city in his possession, arid shall also 
 office? 11 render therewith a full statement as above of all moneys received 
 
 and disbursed by him up to the date of his retirement. 
 
 SEC. 6. It shall be the duty of the city assessor immediately 
 after the first day of October in each year, to prepare a list of 
 persons liable to pay taxes within the limits of the city, which list 
 pre y arTa^ax t0saa ^ ^ ave a PP en ^ e d to tne name of each person the character and 
 list. assessed value of the , roperty belonging to said person on the said 
 
 first day of October, which list shall be completed and presented 
 to the common council on or before the first day of January next 
 following, but before completing and presenting such list as 
 . aforesaid, the assessor shall give at least two weeks notice in the 
 
 lce ' newspapers of the city, to the tax payers of the city, to enable 
 
 them to appear on a day fixed, to make objections, if they shall 
 have any, to the amount of their several assessments. The ob- 
 jections and corrections if any consequent thereon, to be made 
 previous to the certificate and return of said assessment to the 
 common council on the first day of January as above stated.
 
 Collector of Taxes. BY-LAWS Fire Companies. 51 
 
 SEC. 7. The assessor before entering upon the discharge of Assessor's oath, 
 his duties as above, shall take the oath required of town asses- 
 sors, and shall receive for services rendered such compensation Compensation, 
 as the common council may deem just and proper. 
 
 SEC. 8. The city collector of taxes previous to entering upon Cit counter, 
 the duties of his office shall give a bond for the faithful perfor- 
 mance of his duties to an amount not less than the sum total of To give bonds, 
 the tax to be collected, with such sureties as the mayor shall 
 approve, and when thus qualified, he shall, after giving to the 
 
 citv treasurer a receipt, and being charged with the full amount T?.^ char ged 
 e \, L .a A . f with amount of 
 
 of the tax entrusted to him to collect, receive from the mayor tax, &c. 
 
 a warrant sealed with the city seal, empowering him to proceed 
 to the execution of the trust confided to him, which said war- 
 rant shall specify the time within which said tax shall be col- 
 lected, which tax as fast as collected shall be paid to the city 
 treasurer who shall receipt and credit the same to said collector. 
 
 SEC. 9. In case the said collector shall be unable to collect any dMdtmML- 11 " 
 tax due from any person in consequence of the inability of such cannot be col- 
 person, from poverty, sickness or any infirmity, or absence from lected< 
 the state, or for the reason that said person was illegally or im- 
 properly assessed, then the said collector shall be excused from 
 collecting the same, provided, that in the opinion of a commit- 
 tee of the common council specially appointed for the purpose, 
 there is good and sufficient cause for his being so excused, and 
 for the amount thus uncollected and uncollectable he shall re- 
 ceive an order from the mayor upon the city treasurer, the 
 amount of which order shall be placed to his credit on the books 
 of the treasurer. 
 
 BY-LAW IV. 
 
 FIRES. 
 Enacted Sept. 28. 1857. Approved Oct. 13. 
 
 Be it ordained by the Mayor, Aldermen, Counrilmen and Free- 
 men of the City of Middktown : 
 
 SEC. 1. The common council shall at all times maintain an or- 
 ganized force with the necessary engines and apparatus for the 
 prevention and extinguishment of fires, which force shall be 
 constituted as follows : Engineers. 
 
 1st. An engineer and a first and second assistant engineer. 
 
 2d. Two fire engine companies, one hook and ladder com pa- Fire-compani 
 ny, and two hose companies, with a first and second foreman ^ lheu-offi " 
 and clerk to each, and such number of members to each as the 
 resolves of the general assembly and the common council of the 
 city may authorize and direct.
 
 52 Engineers. 
 
 BY-LAWS. 
 
 Fire Companies. 
 
 ment. 
 
 Fire-wardens. 33. A firewarden and one assistant firewarden for each ward 
 in the city. 
 
 4th. A fire marshal as authorized by the General Assembly in 
 Marshal. ,g^,. 
 
 Tobe elected SEC. 2. The above persons phall be elected by the common 
 
 by common council. The officers named shall be elected at the annual meet- 
 
 council. j n g O f t |j e comm on council on the first Monday of February, and 
 
 shall continue in office for one. year, and (excepting the fire mar- 
 
 shall,) until others are chosen and qualified in their places, un- 
 
 less sooner removed by the common council. 
 
 Voluntary en- SEC. 3. The members of the several fire companies shall be- 
 liatment come such by voluntary enlistment, and when enlisted they 
 
 shall subscribe to an agreement in the form following : 
 
 We the subscribers, living; within the limits of the city of 
 Form of agree- Middletown do ^reby enlist into 
 
 nt. J . n . 
 
 company of said city, and engage to per- 
 
 form the duties of a member of said company for a period of 
 not less than one year from the day of 
 
 18 subject to all the by-laws and ordinances of said city 
 
 and all such rules and regulations, consistent with such by-laws 
 and ordinances as shall from time to time be made and adopt- 
 ed by said company. This agreement to be terminated at any 
 time after the expiration of the year as above, on the undersign- 
 ed giving one week's notice to that effect, to the foreman of said 
 company and to the engineer. 
 
 Dated at the City of Middletown, this day of 18 
 
 ^ EC- ^' ^ ue on< i cers named in section 1, and the members of 
 the several fire companies shall receive each a certificate of his 
 election, signed by the mayor and sealed with the city seal, and 
 no person shall be deemed to be an officer or member of any 
 fire company and entitled to its immunities until he has subscri- 
 bed to an agreement as provided in the last section, and his name 
 has been duly registered by the city clerk in a book kept for 
 the purpose. 
 
 SEC. 5. The engineer and assistant engineers, and fire wardens 
 
 - and officers and members of the several fire companies of the 
 1 . , ,, n *.i ^ c T n , 
 
 city shall annually in the month of January or February, prior 
 
 to the annual meeting of the common council, meet together to 
 nominate by ballot an engineer and assistant engineers for the 
 year next to ensue, which nominations may be presented to the 
 common council for their consideration when electing such offi- 
 cers. The engineer shall give notice of said meeting and its 
 object by posting on the door of the house of each company, 
 and by personal notice served upon the assistant engineers and 
 firewardens, and on the foreman or clerk of each company at 
 Nomination of least three days before the time of holding said meeting. In 
 
 foreman by the ij k e manner the members of each fire company shall assemble 
 . ,. . . . J . .. 
 
 on the call of their respective clerks, when requisite to nomi- 
 
 nate for the consideration of the common council suitable persons 
 for the office of foreman and second foreman in each company, 
 
 Ceriifiateof 
 election 
 
 xr * 
 Nomination 
 
 engineers. 
 
 fire companies.
 
 Engineer. BY-LAWS. Engineer. 53 
 
 SEC. 6. The common council may at discretion discharge any Discharge of en- 
 engineer, officer or member of any fire company, and the may- p jj. l t e '!'' and ^ 
 or, 'or the engineer with the approval of the mayor, may alsobersof fiie-com. 
 discharge any member who may apply therefor, or, without panies. 
 such application, may discharge any member, not an officer, for 
 any misconduct, absence or other cause by them deemed suffi- 
 cient. All discharges to be valid must be in writing, and must 
 specify whether the person is honorably discharged or otherwise, 
 and a copy or duplicate thereof must be delivered to the city 
 clerk, who will make a record accordingly. Powers and du 
 
 SEC 7. The engineer shall have, under the direction of the ties of the en- 
 mayor, the control of the entire force employed for the extin-s iueeri 
 guishment of fires in the city, and all officers and members of To ] iave con t ro i 
 fire companies and fire-\var<lens will respect and obey him accor- fthe force. 
 dingly, and in case of his absence or inability, the first assis- 
 tant engineer shall have said control, and in case of the absence 
 or inability of both the engineer and first assistant engineer, 
 the second assistant engineer shall have said control, and the 
 assistants when exorcising such control shall have all the power 
 and perform all the duties devolving upon and required of the 
 engineer. 
 
 SEC. 8. It shall be the duty of the engineer to see that thejg. rmberalld 
 several fire companies of the city, have eacli the requisite num- discipline of 
 ber of efficient members, that they are kept under proper disci- nremeu - 
 pline, and suitably exercised in the use of their engines and 
 their fire apparatus, for which purpose he may call them out for 
 exercise and drill at any suitable place within the limits of the n ' 
 city at such times as he shall deem proper. The engineer will inspection of 
 also, by frequent inspection thereof, see that the city wells, wells, pumps, 
 pumps, hydrants, reservoirs and their appurtenances, and the &c ' 
 lire engines and other fire apparatus, and houses for the protect- 
 ion of the same, are kept in good condition and repair, and 
 ready at all times for use, and that the wells and reservoirs are 
 at all times properly filled with water, and in making such re- EnKineer 
 pairs he is authorized to expend the sum of fifty dollars annual- Authorized to 
 ly upon the wells, pumps, hydrants, and reservoirs, and an equal ex P eud * 50 - 
 amount annually upon the fire engines and other fire apparatus 
 and engine houses of the city, without the special approval of 
 the common council therefor being first had and obtained, and 
 he shall make report from time to time, to the mayor or common 
 council, if required, of the condition of the department under 
 his charge and all that relates thereto. 
 
 SEC. 9. In case of fire within the limits of the city the engi- 
 neer shall have command to suppress the same not only over To have com- 
 the assistant engineers and over all officers and members of mand at fires * 
 fire companies and fire wardens, but over all other persons who 
 may be employed for the time being in aiding the extinguish- 
 ment of such fire, and shall direct how the fire engines and oth- 
 er lire apparatus shall be placed and worked for the extinguish- 
 ment of said fire, and he shall have power to require the aid of
 
 4 Engineer. BY-LAWS. Assistant Engineers. 
 
 all persons present, of suitable age and ability, for its extinguish- 
 ment, in such manner as he shall direct. 
 
 SEC. 10. If necessary to arrest the progress of any fire, the 
 
 engineer is empowered to demolish any building, having; first 
 To demolish . f , , ,. ., J e . , 
 
 buildings. obtained the assent therefor of a majority of the mayor and com- 
 mon council, the fire wardens and assistant engineers present at 
 such fire ; the said assent to be ascertained by a viva voce vote 
 to be called for by the mayor or the member of the common 
 council next in rank who may be present, who is authorized to 
 assemble the officers named for the purpose. 
 
 After the extinguishment of any fire the engineer shall see that 
 5f* Mn ^ ea " d the fire engines and fire apparatus are returned without delay to 
 disposal of pri their appropriate places, and put in good working order, and 
 vate buckets &c. that all private fire buckets, or other articles of private owner- 
 ship used at such fire which remain, are collected and put in 
 some safe and convenient place where they can be obtained by 
 their owners. 
 
 Engineer's re- ^EC. 11- The engineer shall make a written report to the 
 port. ' common council sometime during the week next proceeding the 
 
 annual meeting of the freemen of the city for the election of city 
 officers, of his doings, and of all matters of importance relating 
 to his department for the year preceeding. The report shall be 
 accompanied with a list or statement of fires that have occurred 
 during the year and the estimated damage in each case, and an 
 inventory of all property appertaining or belonging to his de- 
 "partment, stating its condition and estimated value, with such 
 remarks and suggestions in relation thereto as he may deem 
 proper. 
 
 SEC. 12. The compensation of the engineer and of the assis- 
 tant engineers when acting as principal engineers for service ren- 
 of engineer' 011 ^ered as a bove, shall be such as the common council shall deem 
 to be just and proper. The compensation to the several fire 
 companies shall be as follows : 
 
 To the fire engine companies one hundred and twenty-five 
 
 dollars annually ; and to the hook and ladder company the sum 
 
 Compensation of twenty-five dollars annually, and to each of the hose compa- 
 
 of companies. n es g ve ,j u ars annually, to defray the necessary expenses of 
 
 said companies, exclusive of repairs to engines and apparatus 
 
 and oil for the hose. The above payments 10 be quarter yearly 
 
 on the first day of January, April, July and October. 
 
 SEC. 13. It shall be the duty of the assistant engineers to be 
 present at all fires in the city ready to receive and communicate 
 the orders of the engineer, and to see that they are properly ex- 
 ecuted, and to give all needful assistance to the engineer in the 
 Powers and da- discharge of his duties, and the officers and members of the sev- 
 ties of assistant era i g re companies are required to obey the orders of the assis- 
 tant engineers accordingly. 
 
 SEC. 14. The members of each fire company shall respect and 
 promptly obey the orders of their foreman or second foreman, 
 and shall obey also the orders of the engineer and assistant en
 
 Foremen. BY-LAWS. Foremen. 55 
 
 gineers, and for each violation of this law or act of disobedience 
 
 on the part of any member, he shall forfeit and pay the sum of 
 
 two dollars, and if the act of disobedience is committed while 
 
 on duty suppressing a fire, the penalty shall- be double that ^"bed^enoeo 
 
 amount, and the offender may be, in addition, discharged or ex- member* of 
 
 polled from the company to which he may belong. companies. 
 
 SEC. 15. In case of an alarm of fire each member of every 
 fire company shall repair instantly to the place where the en- 
 gine or fire apparatus of the company to which he belongs is 
 kept, and proceed with the same, with all possible speed, under fire, 
 the command of the foreman, to the place of. the fire and there 
 the said company shall report to the engineer, and shall remain 
 at said fire, each member using his best efforts for its extinguish- 
 ment until dismissed by the engineer, and any member of any 
 company who shall fail to attend as aforesaid, on the first no- 
 tice of fire, or, after his appearance, shall absent himself before Penalties for 
 being dismissed, shall pay a fine of fifty cents for each offense, absence from 
 and if he t-hall fail to appear altogether, he shall pay a fine of fires< 
 one dollar for each offense, unless prevented by absence from 
 the city or by sickness 
 
 SEC. 16. Whenever any fire company is called out for exercise 
 or drill, and any member thereof fails to be present at the cal- 
 ling of the roll he shall pay a fine of seventeen cents, and if 
 ali-rnt when the company reaches the place of working the en- 
 gine or shall absent himself without leave before the company 
 is dismissed, he shall pay a fine of thirty-five cents for each of- Pines on occa- 
 fense. Physical inability or absence from the city shall be a sums of drill, 
 sufficient excuse for any such absence. 
 
 SEC. 17. The foreman of each company shall have the immedi- 
 ate command of said company, and care of the engines or fire 
 apparatus appertaining thereto, and shall be assisted in his du- powerg or <j n . 
 ties by the second foreman, who shall take the command in the ties of foremen, 
 absence or inability of the foreman, and both the foreman and 
 second foreman shall properly respect and promptly obey the 
 orders of the engineer or assistant engineer, and for any act of 
 disobedience the foreman offending shall forfeit and pay a fine 
 of three dollars, and shall be liable to be discharged and ever af- 
 ter ineligible to the office of engineer or assistant engineer in 
 this city. 
 
 SEC. 18. The foreman of each fire engine company shall call Toca]loattheir 
 out his company for exercise and drill on the first Saturday of companies for 
 each month, or the first fair day thereafter, (Sunday excepted,) dnll> 
 from the month of April to November inclusive, unless other- 
 wise; directed by the engineer, at which times the engine and 
 apparatus belonging thereto shall be tested, and if not in good 
 working order, shall be immediately repaired and put in such 
 order, and it shall be the especial duty of the foreman to see 
 that when the engines or other fire apparatus of their respective 
 companies are returned to the usual places of keeping the same, TO have rare O f 
 after any fire or any drill or exercise, they are in good working engines, Ac.
 
 56 Fire Apparatus. 
 
 BY-LAWS. 
 
 Wards. 
 
 condition, and ready at any moment to do good and efficient ser- 
 vice, and it shall furthermore be the duty of the foremen to see 
 that the exercise and drills of their respective companies are cou- 
 Foremer J to P re ' ducted in an orderly and fireman like manner, and that no impro- 
 
 perve order in . . J . 
 
 their companies, pnetiesor irregularities are permitted by any member either when 
 on drill or within the building occupied by the said companies. 
 SEC. 19.. The common council may from timeto time procure 
 such fire-buckets and hose and other fire apparatus, as may be 
 needful for the use of the city, and order such repairs to the 
 same an( ^ to the engines, engine houses, and reservoirs as may 
 be necessary, but the said common council shall not purchase 
 any new fire engine or organize any new fire engine company 
 or hook and ladder or ho^e company or erect any new engine 
 house or purchase land therefor, or build any new reservoirs, 
 without first obtaining the consent therefor of the freemen of 
 the city in city meeting assembled. 
 
 SEC. 20. A.11 persons present at a fire not connected with the 
 fire department or police of the city are required to refrain from 
 giving orders or direoions, and to conduct in an orderly man- 
 ner without noise or disturbance, and to obey the directions of 
 those authorized to command, and to aid in extinguishing the 
 fire and saving the property in danger, and any person of suita- 
 ble age and ability, refusing thus to obey and to assist in work- 
 ing the engines or other fire apparatus, or in passing water, or 
 in saving property, or refusing to assist in any other way when 
 called upon to do so, by any proper officer, shall for every act 
 of disobedience forfeit and pay a sum not less than two dollars 
 nor more than ten dollars. 
 
 Fire anparatus SEC 21. The fire engines and hose and hooks and ladders and 
 not to be used other fire apparatus of the city shall not be used, without leave 
 service oi' the m<s ^ obtained from the mayor, for any other purpose than for 
 
 cil relative to 
 fire apparatus 
 &c. 
 
 Duties of per- 
 sons not flie- 
 
 city. 
 
 Wards. 
 
 First. 
 
 Second. 
 
 Third. 
 
 the use of the city in the extinguishment of fires and for exer- 
 cise and drill as provided for above, under a penalty of twenty 
 dollars for the use of any fire engine, four dollars for the use of 
 any single piece of hose, two dollars for the use of any public 
 ladder, lantern, sack, rope, fire-hook or any other instrument be- 
 longing to the fire apparatus of the city, and no fire engine or 
 other fire apparatus belonging to the city shall be taken with- 
 out the limits of the city unless by permission of the common 
 council previously had and obtained, on penalty of fifty dollars. 
 
 SKC. 22. For the purpose of greater security of property from 
 destruction by fire, the city shall be divided into four wards as 
 follows : 
 
 The first ward shall include all that portion of the city north 
 of Washington and Berlin streets. 
 
 The second ward shall include all that portion east of nigh 
 street and between Washington street on the north and Will- 
 iam street on the south. 
 
 The third ward shall include all that portion south of William 
 and Cross streets and east of Pine street.
 
 Fire-VVurdens. BY-l.AWS. Fire Buckets. 57 
 
 The fourth ward shall include all the remaining portion of Fourth, 
 the city. 
 
 SEC 23. The fire-wardens and assistant fire-wardens shall be 
 
 residents of their wards respectively, and it shall be their duty ^' <we ' san<1 du 
 i * ' A.i_ *i Ai. Ai i* tie-i of nre-war- 
 
 on every alarm of fire in the city, forthwith to repair to the dens. 
 
 place of said fire, there to do whatever may be necessary under 
 the direction of the engineer, to preserve the property exposed Toaftu"d>r 
 from injury or depredation, and to aid the sheriff in p reserving j^" 8 "" 
 order and preventing; noise and disturbance. 
 
 SEC. 24 It shall be the duty of the several fire-wardens an- 
 nually in the months of November and Hecember, and at other To ^mine 
 
 times as occasion may require, to examine each building through- hl , 11 ' di ' 4 - ' fr 
 L xi A- " 3 Ai! j places ve, 
 
 out their respective wards, the fire-places, furnaces, stoves and & c . 
 
 chimneys therein, and all other means of warming, and also the 
 means of lighting each building, and the places where ashes 
 are kept, and if in their opinion property is endangered by any 
 defect in the same, they shall order said defect to be immedi- 
 ately remedied by the person owning or occupying the build- 
 ing where such defect exists, said order to specify in writing the 
 defect to be remedied and the time allowed for compliance there- 
 with ; and if any person shall neglect or refuse to obey such or- 
 der and to correct the defect therein pointed out within the pen ^^ t ^ 
 time allowed for the purpose, such person shall forfeit and pay ders ot nre-war- 
 the sum of three dollars, and one dollar additional for every dens, 
 month thereafter that such person shall continue to neglect or 
 refuse to remedy such defect. 
 
 SEC. 25. The fire-wardens shall also examine each building as 
 above, and ascertain if :he same is provided with the requisite 
 means of gaining access to the several apartments and to the to roof, 
 roof in case of fire by means of stairs, ladders and scuttles suita- 
 bly placed, and whether said buildings are supplied with fire- And whether 
 
 , , , , ... ,'.' , ., buildings UPC 
 
 buckets as required by law, and if not so supplied, the said war- sup p]ied with 
 dens shall give their order as above to the owner of the build- fire-buckets, 
 ing where such defect exists, and if the said defect is not reme- 
 died within the time allowed in the said order, the said owner 
 shall forfeit and pay the sum of two dollars, and one dollar ad- Penaltics - 
 ditional for each month thereafter that said owner shall neglect 
 or refuse to comply with said order. 
 
 SEC. 26 Every resident owner of a building in which fire is 
 for any part of the year kept, shall for each story of such build- private fire- 
 ing provide and keep in constant readiness and repair one good buckets, 
 leather bucket, or bucket made of india rubber, or gutta percha, 
 separate or combined with canvass, water light, of the capacity 
 of not less than two gallons, and in case the owner of any build- 
 ing is not a resident of the city, then the occupier of such build- 
 ing shall provide such bucket at the cost of the owner thereof, 
 and every person who shall neglect fb keep a bucket or buckets 
 as herein required, shall forfeit and pay the penalty prescribed p ena it y . 
 in the last section. Provided that the requirements of this and 
 8
 
 58 Fire-Wardeiis. 
 
 BY LAWS. 
 
 Fire Limits. 
 
 Penalty. 
 Badges. 
 
 Proviso. the two last preceding sections shall not apply to any building 
 
 standing more than ten rods from any other building. 
 
 Fire- wardens to SEC. 27. The fire-wardens shall immediately after their annual 
 report. inspection of buildings as above, make report in writing to the 
 
 common council of the general condition of said buildings, and 
 the common council are authorized to give and enforce such di- 
 rections as in their opinion are needful to be observed to pie- 
 vent the occurrence of fires destructive to property in the city. 
 Compensation. The fire-wardens for service actually rendered by them, shall re- 
 ceive each one dollar and fifty cents per day, and the owners or 
 occupants of buildings shall not in any manner obstruct the said. 
 fire-wardens in the proper discharge of their duties, and any 
 owner or occupant of a building who shall refuse to any fire- 
 warden the privilege of entering and examining the same when 
 requested so to do at any proper time, shall forfeit and pay a 
 g ne O f no t mO re than ten dollars nor less than two dollars. 
 
 SEC. 28. The mayor, city sheriffs, city constables and special 
 constables, fire-wardens and assistant fire-wardens, when present 
 at any fire shall be distinguished by some appropriate badge to 
 be worn or carried by each, which badge shall be* prescribed by 
 the common council. Any fire-warden desiring to enter and ex- 
 Fire-warden to amine any building, shall, on being requested so to do by the own- 
 t^ficateonre- 1 " er or occupant thereof, exhibit his certificate of election to the 
 quest. office of fire warden, and in default of his so doing, the owner 
 
 or occupant shall not be liable to the penalty prescribed in the 
 last preceding section. 
 
 SEC. 29. No person shall carry on any business in any build- 
 
 ing or lot within the limits of the city, which in the opinion of 
 
 businessman" the common council, from its character and manner of being 
 
 gerous to prop- conducted, peculiarly exposes to destruction by fire the proper- 
 
 erty or liie. ^.y O f anv O t,] ier person, or the life of any other person, and the 
 
 said common council shall have power to prohibit the carrying 
 
 on of such business, and any person who shall disobey such or- 
 
 der of the common council, shall forfeit and pay the sum of 
 
 twenty dollars, and ten dollars additional for every week he shall 
 
 continue to carry on such business after being served with such 
 
 written notice or order from said common council. 
 
 SEC. 30. No building shall hereafter be erected in that por- 
 
 Fire limits. tion of the city situated upon or east of High and Prospect 
 
 streets, or upon or south of Spring street and the north burial 
 
 ground, the outer walls of which shall be constructed wholly 
 
 or principally of wood, without the consent first had and obtain- 
 
 ed of the common council, on penalty of twenty dollars, and 
 
 five dollars additional for each month such building, if erected, 
 
 shall be continued after its removal has been ordered by the 
 
 common council. 
 
 Penalty for SEC. 31. If in consequepce of the foulness or otherwise of any 
 
 chimney being chimney or smokeflue, the mutter contained therein shall take fire 
 Qp ^ e jg n it e( ] j n a (j r y time, or in the night season so as to cause a 
 blaze to appear from the top of the same, or if in consequence it 
 
 tin' at an
 
 Fire Apparatus. BY-LAWS. Fire-works. 59 
 
 shall emit burning sparks or cinders, the occupant of the building 
 or part of the building to which such chimney or flue belongs 
 shall forfeit and pay the sum of one dollar, and if any such chim- 
 ney or flue emit a dense smoke to the injury of the property of Dense smoke 
 any person, or to the great annoyance and discomfort of such per-* rom chimneys 
 son, or of his family or household, the occupier of the build- 
 ing or apartment or persons using such chimney or flue und 
 causing (-aid smoke, shall, on notice from any fire warden or or- 
 der from the common council, immediately abate the same, and 
 if the offense is continued after such notice, the offender shall 
 pay a fine of two dollars for each and every week it is so con- 
 tinued. 
 
 SEC. 32. No person shall carry into any barn or hay loft On inclosed 
 where hay or straw is stored, or into any building where wood- ^S^- &c - 
 en shavings or matter of a highly combustible character is ex- 
 posed, any lighted candle or lamp not enclosed in a lantern, 
 nor any lighted cigar or pipe, nor any burning substance not 
 securely enclosed, on penalty of three dollars for each offense, 
 and double that amount if the offense is committed in the night 
 season. 
 
 SEC. 33. If damage be done to any city well, pump, hydrant, 
 reservoir or pipe or conduit leading toor from any reservoir, or Penalty for dam 
 
 to anv fire engine or fire apparatus owned by the city, or to a S etoflr ? a PP a 
 ,,- . , , . . A , ratus.wells.&c 
 
 any fife engine house or house containing lire apparatus, by 
 
 taking away or destroying or breaking or cutting or displacing 
 any part thereof, or by causing any obstruction or impediment 
 in or about the same or any part thereof, each person so of- 
 fending shall incur a penalty of five dollars, and pay in addition 
 whatever may be the amount of such damage, the penalty to 
 be doubled if the offense is committed in the night season. 
 
 SEC. 34. If any person shall knowingly give a false alarm of 
 fire in the city, or shall cause alarm by making a noise in rese 
 blance of the cry of fire, or shall proclaim that any fire is ex-flie. 
 tinguished when it is not, such person shall forfeit and pay for 
 each offense the sum of fifteen dollars, and double this amount 
 if the false cry or alarm is given in the night season. 
 
 SEC 35. Any person who shall set fire to or discharge any 
 rockets, fire-balls, crackers, or other fire-works, or shall aid or sa "e"7fire- 
 a-ssist therein within the limits of the city, shall forfeit and pay works prohibit- 
 a fine of three dollars, which penalty shall be doubled if the of- ed> 
 fense is committed in the night season, and no person shall sell 
 or offer for sale such fire-works, or keep them in any build- 
 ing in the city, except by permission first had and obtained of 
 the common council, on penalty of ten dollars, and five dollars 
 additional for each days continuance of the offense, after notice 
 to desist. Provided that any person or persons may on occa- 
 sions of public festivity, discharge rockets, and other fire-works Proviso, 
 at such place and time as the mayor or common council may 
 designate in writing. 
 
 SEC. 36. Any person who shall keep or have for sale or for 
 any other purpose in. any house, store or other building, or in or
 
 6 Fire Penaltie . BY-LAWS. Public Grounds. 
 
 Saieof sun-now U p On anv vessel, boat or other water craft, within the limits of 
 
 der without h- .V , ..-,... , 
 
 ce^se prohibi- tne Clt 7 or jurisdiction thereof any quantity of gun powder or 
 ted. gun cotton, or fuse exceeding one pound in weight of gun pow- 
 
 de , two ounces in weight of gun-cotton, and five yards of fuse, 
 without special license from the common council, shall forfeit 
 and pay the sum of fifty dol'ars, and five dollars additional for 
 Notice. eac ^ da - vs con tinuance of the offense after being notified to 
 
 desist by any executive officer, and any person so licensed, shall 
 gyve notice thereof by a sign erected in a conspicuous place in 
 fr^nt of the building where gun powder or gun-cotton or fuse is 
 deposited or sold, on penalty, in case of neglect, of ten dollars. 
 Proviso. Provided, that nothing contained in this section shall be con- 
 
 strued to prohibit vessels or boats loaded wholly or in part 
 with gun powder, gun-cotton or fuse from passing up or down 
 the Connecticut river. 
 
 Recovery and * SEC. 37. All penalties, or forfeitures incurred under the sev- 
 dispsalof pen-eral sections of thisby- : aw shall be paid, one half to the inform- 
 alties. eF) if demanded by him, and the remainder to the treasurer of 
 
 the city. The said penalties and forfeitures to be recovered on 
 complaint made by any person to any court proper to try the 
 same, and when any minor shall be guilty of any violation of 
 the provisions of the several sections in this by-law, the parent 
 guardian or master of such minor shall on the conviction of 
 such minor pay the penalty therefor and the same shall be re- 
 covered of such parent or guardian or master by action of debt 
 before any court proper to try the same. 
 
 BY-LAW V. 
 
 PUBLIC GROUNDS AND STREETS. 
 Enacted Sept. 28. 1857. Approved Oct. 13. 
 
 Be if, urdii.rtfd by the M>y<>r Aldermen, C'ouncilmen and Freemen 
 of the City f Middlftnwn : 
 
 SEC 1 The common adjoining to and immediately west of 
 the north !>urial ground, on tin- north side of which stands the 
 Roman Catholic Church, shall e called St. John's Square. 
 I'ark. The common on the north side of which stands the Methodist 
 Church, and on the south side the South Congregational Church, 
 shall be called as heretofore, Union Park. 
 
 The common extending west from the houses of Samuel Rus- 
 |> rton sell and Charles R. Alsop, Esq's., to the west burial ground, 
 
 shall be called Washington Square. 
 
 "r d^e st. The highway from the mouth of the Sebetha or Little river 
 
 to St John's Square shall be called as heretofore, Bridge street. 
 The highway from St. John's Square to Union Park, on which 
 Maiu at. the court house and several churches are situated, shall be cal- 
 led as heretofore, Main street.
 
 Streets. BY LAWS. Streets. 61 
 
 The highway from Union Park southerly to the turn pike South Main, 
 bridge over the Pameacha creek, shall be called Sou h Main 
 street, as heretofore. 
 
 The highway from South Main street near the turnpike bridge 
 over the Pameacha creek, south-westerly to the city limits, near Warwick< 
 what was formerly Warwick bridge, shall be called Warwick 
 street, as heretofore. 
 
 The highway from Warwick street near the city boundary 
 northerly, passing east of the buildings of the Wesleyan Univer- Mgh. 
 sity and ending at the east end of Washington Square, shall be 
 called as heretofore, High street 
 
 The highway from Connecticut river to West river, passing Washington. 
 on the north side of the building of the Berkley Divinity School 
 and following the line of the MidUetown aodMeriden turnpike, 
 shall be called as heretofore, Washington street. 
 
 The highway next south of Washington street, and nearly Court 
 parallel thereto, terminating at High street on the west and at 
 the Connecticut river on the east, shall be called as heretofore, 
 Court street. 
 
 The highway next south of Court street and nearly parallel 
 thereto, leading easterly from Main street nearly opposite 'the Center 
 court house to the Connecticut river, shall be called as hereto- 
 fore, Center street. 
 
 The highway next south of Center street terminating at High 
 street on the west and the Connecticut river on the east, and college, 
 crossing Main street by the Uuiversalist Church, called Parson- 
 age street heretofore, shall hereafter be calle*! College street. 
 
 The highway next south of College street, terminating at William. 
 High street on "the west and at the Connecticut river on the 
 east, crossing Main street by the Baptist church, shall be called 
 as heretofore, William street. 
 
 The highway west from Union Park to High street shall be 
 called Church street, as heretofore. 
 
 The highway east from Union Park to Connecticut river, Union< 
 shall be called Union street, as heretofore. 
 
 The highway from south Main street west to High street, Loveland. 
 situated next south of Church street, shall be called Loveland 
 street, as heretofore. 
 
 The highway from South Main street near Loveland street Mm 
 south-easterly to Mill Hollow, shall be called as heretofore, Mill 
 
 street. 
 
 The highway from Church street southerly to Loveland street, Hnbbard. 
 next west of and parallel with South Main street, shall be called 
 Hubbard street, as heretofore. 
 
 The highway from Union street, southerly to the bridge over 8unm 
 Sumner or Pameacha creek, shall be called, as heretofore, Sumner 
 
 street. 
 
 The highway from Pumner street, near the creek bridge north- 
 eastfi y to the east end of Union street, shall be called as here- south 
 tofort, South street.
 
 6*2 Streets. 
 
 BY-LAWS. 
 
 Streets. 
 
 The highway from the east end of Union street and passing 
 near the margin of the Connecticut river northward to an inter- 
 section with Bridge street near the ferry shall be called Water 
 street, as heretofore. 
 
 The Highway from the junction of Sumner \vithUnion street 
 northerly to William street, shall be called Hanover street, as 
 heretofore. 
 
 The highway from College street to Court street next west of 
 Water street, situated on the bank of the river,shall be called 
 as heretofore, Bank street. 
 
 The highway trom near the east end of Court street, north- 
 erly and thence easterly to Water street, shall be called as here- 
 tofore, Elm street 
 
 The highway next west of and parallel with Main street, be- 
 tween Church and Washington streets, shall be called as here- 
 tofore, Broad street. 
 
 The highway next west of, and paralled with Broad street 
 between College and Washington streets, shall be called Pearl 
 street, as heretofore. 
 
 The highway next west of Broad street, between Church and 
 College streets, meeting the latter near the High school, shall be 
 called as heretofore, Hamlin street. 
 
 The highway leading southerly from near the east end of 
 Washington street to Water street, shall be called as heretofore, 
 Lumber street. 
 
 The highway next north of Washington street, between Main 
 street and the Connecticut river, shall be called as heretofore, 
 Ferry street. 
 
 The highway next west of Water street, between Washing- 
 ton and Ferry streets, shall be called as heretofore, Cherry street. 
 
 The highway next north of Ferry street, between Main street 
 and the river shall be called as heretofore, Green street. 
 
 The highway from St John's Square northerly on the east side 
 of St. John's Church to the railroad depot, shall be called St. 
 John's street. 
 
 The highway from the west side of St. John's square, north- 
 westerly to KobertJohnson's, shall be called as heretofore, Spring 
 street. 
 
 The highway northerly from Spring street near it? west end, 
 shall be called as heretofore, Johnson street. 
 
 The highway leading from the north side of Washington 
 square near its east end north-westerly to West river, following 
 the line of, the Middletown and Berlin turnpike, shall be called 
 Berlin street. 
 
 Prospect. The highway from the west end of Spring street southerly to 
 
 Berlin street, and thence to Washington square shall be 
 called Prospect street, as heretofore 
 
 The high way leading northerly from Washington street next 
 Wetmore Place wes ^ of Main street and terminating at the Liberty street burial 
 ground, shall be called Wetmore Place. 
 
 Water. 
 
 Hanover. 
 Faik. 
 
 Elm 
 Broad, 
 
 Pearl. 
 
 Hamlin. 
 
 Lumber. 
 
 Perry. 
 
 Cherry. 
 Green. 
 
 St. John's. 
 Spring. 
 
 Johnson. 
 Berlin.
 
 Str- BY-LAWS Streets. 
 
 The now highway from Washington street near Pearl street, x ,,. t!l 
 north to Spring street, shall he ra! id North Pearl street. 
 
 The hij;lr.v iy IV >\\ M un street w.'-t to Prospect street and 
 thence to Berlin =treet, next north of Washington street, shall 
 be called i-> b . Lib art 7 street. 
 
 The highway leaving Washington street near West river and Facto , 
 running easterly Dear tint river, and joining Washington street 
 near the fo t of the hill, slmll be called Factory street. 
 
 The highway from Washington street opposite to the en- Baldwin 
 trance to the Indian llili cemetery, westerly to Berlin street, 
 shall he called Baldwin street. 
 
 The highway from Baldwin street westerly to the bridge over Jllck 
 West river at the plain factory, shall be called Jackson street. 
 
 The highway from High street a little south of William street Cross. 
 west to the south west side of Indian Hill, shall be called Cross 
 street, as heretofore. 
 
 The highway from Washington street next west of the cn-niii. 
 trance to the Indian Hill ei inetry, southerly on the west side of 
 the hil 1 until it meets Cross street, shall be called Hill street, in- 
 stead ( f Butternut street, as heretofore. 
 
 The highway from the west end of Washington square south- 
 erly to Cross street on the south east side of Indian Hill, shall vine- 
 be called Vine street, instead of Swamp street, as heretofore 
 
 The highway from Vine street south-easterly to Cross street, park 
 shall be called Park street. 
 
 The highway from Washington square southerly to Cross Mt y (rnon 
 street, next west of High street, shall be called Mt Vernon 
 street, as heretofore. 
 
 The highway from High street next south of Court street, wyiiis. 
 westerls to Mt. Vernon street, shall be called Wyiiis street. 
 
 The highway leading westerly from the junction of Hill and Butternut. 
 Cross streets to the city line, shall be called as heretofore, But- 
 ternut street. 
 
 The highway from the west end of Washington street, near 
 West river, southerly to the city line, shall be called as heretofore, Westt 
 A Vest street. 
 
 The highway from West street south-westerly, near West 
 rivei to the city line, shall be called Middlefield street. 
 
 The highway from Cross street near the south end of Indian Long j ane> 
 Hill southerly to the city line, shall be called as heretofore, Long 
 lane. 
 
 The highway from Cross street next east of Mt. Vernon Pine> 
 street southerly to the city line, shall be call Pine street, instead 
 of Low street, as heretofore. 
 
 The highway south from Cross street next west of High street, College Place, 
 shall be called College place, as heretofore. 
 
 The highway from High street a little north of Loveland Huber Place. 
 street westerly, shall be called lluber place. 
 
 The highway west from Main street, next north of Liberty Chase. 
 street, shall be called Chase street.
 
 (U S reets. BY-LAWS. Street Commissioner. 
 
 Width of streets SEC. 2. It shall be the duty of the common council in laying 
 out any new street to make the said street if possible, not less 
 than sixty feet in width, and to increase to that amount the 
 width of the more prominent of the existing streets which 
 have a less width than that, whenever the same can consistent- 
 ly be done. It shall be the duty also of the common council to 
 ies ' have as early as practicable, the grade lines of the streets where- 
 on buildings have already been or are about to be erected, es- 
 tablished by accurate levels, with a view to the best system of 
 drainage, and the most economical grading of the same, which 
 levels shall be put upon record, and it shall be their duty 
 also to establish upon all such streets the lines on which curb 
 stones and shade trees may be placed, which lines shall not be 
 less than ten feet from the side lines of the street nearest there- 
 Lines for curb to, for the curb-stones, and eight feet for the trees in a width of 
 stones and street of sixty feet, and in that proportion for a greater or less- 
 er width 
 
 "Record of SEC. 3. It shall be the duty of the city clerk to enter in a 
 
 streets an i nub- book to be provided for the purpose, to be called the "Record 
 of streets and Public Grounds," the lay out or survey of all the 
 "treets and public grounds, now, or hereafter to be laid out by 
 the city, with the diagrams illustrating the same, and to enter 
 in said book the lay out of all side and cross walks, with their 
 level and the width and position of the flagging upon the same ; 
 and to enter also in said book, the levels of the grade and curb 
 lines of the several streets and public grounds, as the same shall 
 from time to time be established, and to enter also the lay out 
 and dimensions of all drains and culverts constructed in part or 
 whole by the city, and to enter also the position of all street 
 lamps and of all lines for gas pipes and telegraph lines where- 
 ever the same have been laid under the sanction of the author- 
 ities of the city. The book to contain in fine all matters of im- 
 portance relating to the streets and public gronnds of the city, 
 and to be properly indexed, the clerk to receive for making such 
 record such compensation as the common council shall deem 
 to be proper. 
 
 SEC. 4. The common council shall at their annual meeting or 
 soon after, appoint a highway surveyor or street commissioner 
 Street commis-to serve for the year ensuing, who shall superintend and direct 
 sioner. the opening of all new streets with their walks, and the repairs 
 
 of existing streets under the direction of such committee of 
 their number as the common council may appoint. The said 
 Toeivebond street commissioner shall give penal bonds to an amount not 
 less than five hundred dollars with such sureties as the mayor 
 shall approve, for the faithful performance of his duties, and in 
 making any new street or repairing any existing one, or in build- 
 ing any drains or cu'verts or walks therein, it shall be his duty 
 How to per- to see that said work and repairs are done in such manner as 
 ;ies 'to conform to the established lines and levels of such street and 
 of its wa.ks, and in repairing the roadway of any street which
 
 Streets. BY-LAWS Side-walks. 65 
 
 has not been graded, the repairs shall be made in such manner 
 as to bring the surface of the street nearer if possible to its 
 proper grade, and the culverts and drains shall be constructed 
 accordingly, and in working or repairing any street, the path- 
 way for vehicles shall be kept equidistant from the two side 
 lines of the street, the work to be done in all other respects as 
 the common council by their committee or otherwise shall direct. 
 
 SEC. 5. The street commissioner shall from time to time as re- S joner tomake 9 ~ 
 quired, make report of his doings to the common council, and reports, 
 shall during the week next preceding the annual election of city 
 officers, make to the said common council a written report of his 
 doings for the year preceding, stating therein all facts of impor- 
 tance connected with the discharge of his duties, including the 
 amount of labor and money expended under his direction during- 
 the year, the extent of new highway opened or altered, with such 
 remarks ami suggestions, as he may deem to be of importance in 
 improving the condition of the streets of the city. For services compensation, 
 ren lered by the street commissioner he shall receive such com- 
 pensation as the corn non council may deem to bejust and proper. 
 
 SEC. 6. The common council in ordering any side-walk to be Stone for side- 
 built, shall have power to designate the kind or quality of the waikd - 
 stone to be used in flagging the same, and the dimensions thereof, 
 provided that no stone are used of a less length than four feet, 
 and of a less width than one and a half feet. The use of brick Brick and wood 
 for the paving of side-walks is hereby prohibited, and the use of for ^de-walks 
 wood is also prohibited, and no shade trees shall be placed in any P rohibited - 
 street or in any of the public grounds of the city, except such as Trees, 
 shall be approved by the common council. 
 
 SEC. 7. The erecting or setting up, within the limits of any Nuances de- 
 street or of any of the public grounds of the city, any building ol fined, 
 any kind, or part of a building, or of any fence, or wall, or posts, 
 or poles, or the making of any bridge or culvert, or of any drain, 
 or the altering of the course of any stream of water, or tiie lay- 
 ing or placing therein of any building materials, or of any vehicles, 
 or any ashes, boxes, rubbish, or any other obstruction or itK-uin- 
 brance whereby the travelling or passing in the same shall be 
 rendered dangerous oq inconvenient, or the eye be oflVnded, ^r the 
 good order and peace of the city be disturbed, or shall plant any 
 trees in places not approved by the street commissioner or corn,- 
 mon council, or shall allow any limbs to remain on any tree so as 
 to improperly shut out the light from any portion of any street ; 
 all these several acts shall be deemed nuisances, and any person who 
 shall erect or set up any building or part of a buil-ling, or any 
 fence, or wall as aforesaid, shall incur a penalty of tilty dollars, Penalties, 
 and any person who shall do any other act declared above to be 
 a nuisance, shall incur a penalty of not more than ten dollars, nor 
 less than two dollars for each offense, which penalties shall be paid 
 into the city treasury. Provided, that nothing in this section shall p . 
 prevent the deposit within the limits of any street or upon any of 
 the public grounds of materials which are being used for building, or
 
 66 Street Nuisances. 
 
 BY LAWS. 
 
 Street Nuisances- 
 
 Eemoval of 
 ntmaaces. 
 
 Remoyal of 
 
 nuisances. 
 
 Proviso. 
 
 Disposal of ar- 
 ticles constitu- 
 ting nuisances. 
 
 of any gas or water pipes, or the digging of trenches for the latter 
 under such restrictions as may be imposed by the street commission- 
 er or the common council, the deposit of ashes or of any other arti- 
 cles under a like restriction, or the moving of any building across or 
 along any street, provided it is thus moved with suitable speed uu- 
 der the direction of the street commissioner. 
 
 SEC. 8. It shall be the duty of the street commissioner to take 
 notice of all offenses contained in this chapter, and give informa- 
 tion thereof to the city attorney, that prosecution may be had 
 thereon, and said street commissioner shall warn and order each 
 and every person who shall do any act declared in this last section 
 to be a nuisance, to remove such nuisance, and repair the damage 
 done thereby, within such reasonable time as said commissioner 
 shall designate, and if such person shall not remove such nuisance 
 within the time so designated, the said person shall incur a further 
 penalty equal to the penalty above prescribed for causing such 
 nuisance. 
 
 SEC. 9. If any person upon being warned as aforesaid shall neg- 
 lect to remove any nuisance as above, and to repair the damage 
 done thereby, within the time designated by the street commission- 
 er, or if the person causing any such nuisance is unknown, it shall 
 be the duty of the said commissioner to cause such nuisance to be 
 removed and the damage done thereby to be repaired at the expense 
 of the city, and his reasonable account therefor shall be allowed 
 and be ordered to be paid by the common council ; and whenever 
 any expense of removing any nuisance or repairing the damage 
 caused thereby cannot be recovered of the person causing such 
 nuisance, such expense and costs of prosecution and damage shall 
 be paid out of the city treasury as above, and it shall be the duty 
 of the court before whom such prosecution is had to draw an or- 
 der upon the city treasurer for said costs. Provided, that before 
 removing any building or part of a building, or any fence, or wall 
 as a nuisance, the street commissioner shall obtain the consent of 
 the common council or of the committee on streets of said com- 
 mon council. 
 
 SEC. 10. Whenever the street commissioner shall remove or cause 
 to be removed from any street or public ground in the city, any 
 nuisance of the character above described in sec. 8 of this by-law, 
 and shall take the article constituting the nuisance in to his pos- 
 session for safe keeping, it shall be his duty to give notice by ad- 
 vertising in one or more of the newspapers published in this city, for 
 two weeks successively, that such articles (which articles are to be 
 described in the notice,) will be sold at auction at the end of thirty 
 days from the date of such advertisement, and if the owner of 
 such articles shall not appear at or before the expiration of said 
 thirty days, and pay the expense of removing and keeping such 
 articles, and for the advertisements, the said commissioners shall 
 sell such articles at auction, to the highest bidder, and from the 
 amount received from such sale, he shall deduct the expenses of re- 
 moving and kjqjing such articles, aud of advertising aud sdlngi
 
 Street Obstructions. BY-LAWS. Side-walks. 67 
 
 the same, and the balance he shall deposit in the treasury of the Articles of ihe 
 city for the use of the owner of such articles, to be paid to him. valu ^" f *? and 
 when he shall call for the same. Provided, that if the nuisance or e Tof. W 
 articles removed shall not be of the value of five dollarsand over, 
 then the same shall not be advertised as above, but may be dispos- 
 ed of iu such manner as the street commissioner may deem best, 
 and the proceeds of the sale, if any, shall be deposited as above in 
 the city treasury. 
 
 SEC. 11. Whenever any person, whether contractor or proprie- 
 tor, shall have occasion under the permission or approval of the ^"j!, d mer?han- 
 street commissioner as above, to deposit any building materials, ordi*e,&c. not to 
 make anv excavation or place any quantity of earth, or of gas or ** dt 'P sited ! D , 
 
 J .,, ,, , *., ,. J r ,, ' , .. the kt'teis with 
 
 water pipe within the limits ot any street or upon any of the public O ut' lights, 
 grounds of the city, and whenever any person or clerk or agent of 
 such person, or any common carrier or truckman shall have occa- 
 sion, by reason of inability to remove the same, to leave any 
 goods, wares or merchandize or any other article within the limits 
 of any street or public ground, during the night season, it shall be 
 be the duty of said person, to place and maintain during the said 
 night season, suitable light, near where such articles are placed, so 
 that they can be distinctly seen, which light shall be continued du- 
 ring the night season, as long as said articles remain to endanger 
 the passing in the street, or public grounds, and any person who shall 
 neglect the duty imposed by this section, shall forfeit and pay to 
 the treasury of the city the sum of thirty four dollars, and any per- 
 son who shall wilfully remove or extinguish any light when placed 
 as above, shall forfeit and pay to the treasury of the city the sum 
 of fifty dollars, which said penalties s'lall be recoverable before any Mv\n% said" 
 court proper to try the same. Provided, that nothing herein con-lights, 
 tained shall be held to impair the requirements of the preceding 
 sections of this chapter. 
 
 SEC. 12. The master or employer, or principal of any clerk, Provi80 ' 
 
 servant or agent, or the parent or guardian of any minor, shall be w . 
 ,. , , , ,. ,. . . i J , . Minors, 
 
 liable to pay the forfeiture or penalty incurred as above in conse- 
 quence of a violation of the provisions of the preceding sections of 
 this by-law by any such clerk, servant, agent or minor. 
 
 SEC. 13. If any person shall wilfully or negligently ride, lead 
 or drive any cattle, horses, mules, whether the same be attached . 
 or not to any vehicle, upon or along any portion of any street used 8e " <5 n S id 
 as aside-walk, except for the necessary purpose of crossing such walks, 
 side-walk to enter or leave the adjacent ground, the said person 
 shall pay one do lar to the treasury of the city for each offense. 
 If any persons shall wilfully or negligently break down or injure 
 any post or tree standing in a proper position between the side- 
 walk and cart-way, or side drain oi any street, or destroy any railing u 
 placed in such proper position, or shall injure or destroy any lamp 
 post or lamp, or gas fixture, whether public or private, the person 
 so offending shall forfeit and pay to the city treasury a sum not ex- 
 ceeding ton dollars nor less than oue dollar, and to the party or 
 parties thus injured their just damages.
 
 68 Side-walks. BY-LAWS Hay wards. 
 
 SEC. 14. If any minor, apprentice, or servant, shall be convict- 
 of any breach or violation of the provisions of the last section, the 
 Minors, Jcc. parent, guardian, or master of such minor, apprentice or servant 
 shall be liable to pay the forfeiture incurred by such violation, 
 \vhichforfeituremaybecollectedofauy such parent, master, or 
 guardian by action of debt. 
 
 SEC. U. It shall be the duty of every owner or occupnnt of any 
 land within the limits of the city, at all times to keep the public 
 S5dewa'ks to be sidf-walk adjoining or fronting such land, clear and free from all en- 
 kept dear of curnbrances and obstructions, and especially to keep it free and 
 ice, &c. clear from snow, ice or sleet, and whenever any snow, ice or sleet 
 
 shall fall on such side-walk, the said owner or occupant shall imme- 
 diately remove the same so that the passing shall not be obstruct- 
 ed uor rendered dangerous or inconvenient, and on failure to remove 
 such snow, ice or sleet from such side-walk at any time when thereto 
 ordered by the street commissioner, or the chairman of the street 
 committee of the common council, and within the time limited, such 
 owner or occupant shall forfeit and pay to the city treasury the 
 sum of two dollars, to be sued for and recovered by action of debt 
 Penalty. before any court in the city proper to try the same. In case of the 
 
 neglect or any such owner or occupant to remove such snow, ice or 
 sleet from such side-walk when thereto ordered and within the time 
 In case of neg-i irn ited iii said order, it shall be the duty of the street commission- 
 ikc \oVemove 8 ' er to cause the same to be removed forthwith, and the expense 
 ice, &c. thereof shall be recovered of such delinquent owner or occupant in 
 
 any roper action before any court in said city proper to hear and 
 try the same. If such expenses and cost of suit for the same 
 cannot be recovered of said owner or occupant, the same shall be 
 paid out of the city treasury. 
 
 SEC. 1 6. The common council shall, at their annual meeting, ap- 
 point a number of persons not exceeding ten, to act as hay wards, 
 Haywards. and to serve for the year ensuing or until discharged, or others are 
 chosen in their places. The said common council shall also pro- 
 vide one or more pounds suitably constructed and located, and main- 
 tain the same in good condition, and shall, at their annual meeting, 
 Ponnd and appoint a pound-keeper to each pound, to serve for the ensuing year 
 pound-kee ( ,ers. or ailt u discharged or others are chosen in t'ae ; r stead The hay- 
 wards, before entering upon the duties of their office, shall take the 
 oath prescribed for town haywards, and the said oaths shall be re- 
 cor. ed in the city records. 
 
 Haywards to be SKC. 17. No cattle, horses, mules, swine, sheep, goats, geese, 
 
 sworu. ducks, turkeys, rabbits or poultry shall be allowed to go at large 
 
 C ttie &c not Ul an y ot ttle stl ' eetb or P ulj lic grounds of the city, and if any such 
 
 to g> at Urge animals shall be tound going at large in said streets or public 
 
 in the city. grounds, or estray elsewhere within the limits of the city, it shall 
 
 be the duty of the haywards, and it shall be lawful for any other 
 
 person, to impound sucii animals in any pound in the city and the 
 
 owner of suca animals shall pay the expeuse of keeping them ia 
 
 wtKcXtuI* 110 ' 1 P^ lllld au " a shil11 also P a J in ad itiou thereto, before any such 
 
 going at large, animals are released from said pound, the sain ot fifty cents for each
 
 Impounding. BY-LAWS. Impounding. 69 
 
 head of cattle and for every horse, mule, swine or goat, and sixteen 
 cents for each sheep, and ten cents for each goose, duck, turkey or 
 rabbit, and six cents for each head of poultry, three-fourths of which 
 said sums shall be paid to the impouuder, and the remaining one- 
 fourth to the pound-keeper. If the said cattle, horses, mules, 
 swine or goats or sheep are uot taken from the piund with- 
 in ten days, and the geese, ducks, turkeys, rabbits and poultry with- 
 in three days from the time of their being impounded, then the said noYt^ke^a from 
 pound-keeper may sell the said animals at public auction at said pound in a giv- 
 pound to the highest bidder, after first giving written notice of entime> 
 such sale by posting upon the public sign-post of the city six days 
 before selling the said cattle, horses, mules, swine or sheep, and 
 throe days befoiv selling the other animals named, the animals to 
 be particularly described in the said notice. The said pound-keep- 
 er in addition to his foes for impounding and expenses of keeping said 
 animals, hall be further entitled toivceive from the proceeds of the 
 sale thereof, an amount equal to that which the hayward is entitled Expenses, 
 as specified above for impounding the same, and shall from such 
 proceeds pay to the hayward or other person impounding said ani- 
 mals, his fees for impounding the same* and the remainder of the 
 proceeds, if any, the said pound-keeper shall pay to the owner of 
 such animals, if demanded within one month from the time of sale, 
 and if not so demanded, then said remainder shall be paid by said 
 pound-keeper into the treasury of the city ; and each pound keep- 
 er shall, on demand of the mayor or city treasurer, at any time, 
 give to said officers a statement of moneys received by him and ex- 
 penses paid by him in the performance of the duties of his office, 
 and in particular he shall make report in writing some time during p und-keeperi 
 the week preceding the annual election of city officers, of his doings statement and 
 and of moneys received and expended as aforesaid, for the year re P rt - 
 preceding, which report shall be made to the common council, 
 and if the proceeds of the sale of animals shall not be sufficient 
 to cover the fees and expenses of impounding, keeping, and selling 
 the same, the difference or deficiency shall be allowed and paid 
 to said poun 1 keeper from the city treasury. 
 
 SEC 18. Upon the replevin of any animals impounded as above 
 or other dispute in law arising thereon when the hayward or other 
 person, impounding the same, has under oath declared the place Evidence in re 
 from whence he took such animals, judgment shall be rendered P levin - 
 against the owner or claimant of such animals to pay just dam- 
 ages and cost, unless said owner can show to the satisfaction of 
 the court or justice that the said animals were not found estray, 
 or going at large in the streets of the city. 
 
 IS KG. 19 If any person shall rescue or shall assist in so doing, 
 or shall make the attempt to rescue any animals as aforesaid out 
 of the hands or custody of any person going to pound therewith, Rescue, 
 or shall in any manner resist him tlurein, or shall by any means 
 convey said animals out of the pound or custody of the law con- 
 trary to the tenor of this act, the person so offending shall for 
 every such rescue or resistance pay a penalty of seyen dollars,
 
 m:non earn- 
 
 ers. 
 
 70 Common Carriers. BY-LAWS. Public Grounds. 
 
 to the impounder, nnd in addition thereto shall pay all damage to 
 the pound or otherwise, caused in consequence, and a further 
 amount, if by reason of such rescue the said animals are not im- 
 pounded, equal to the fees and charges &c, as above prescribed 
 to the impounder and pound-keeper, to redeem the same from the 
 pound when impounded. 
 
 Sec. 2' Ti\e common council may make such order in relation 
 to the hackmen and common carriers of the city, and the vehicles 
 Hackman and use d by them and their charges, as they may deem proper, con- 
 
 rfr -nfin -_! *i_ It"! 
 
 sistent with the city charter, and if any person who is a hnckmen 
 or common carrier shall violate any such order or regulation, he 
 shall forfeit and pay for each offense into the city treasury the sum 
 of five dollars. 
 
 SEC. 21. Trials of speed with horses or mules, and riding or 
 driving; of the same at a furious rate in the streets of the city is 
 Racing. hereby prohibited, and any person offending herein shall forfeit 
 
 and pay the sum of five dollars for each offense. Any person who 
 shall leave any horse or mule in any street of the city unfastened 
 or not securely and properly fastened, shall forfeit and pay the sum 
 
 b?St iSfli of one dollar ' to the treasury of the city. 
 
 tened. SEC. 22. It shall be the duty of the common council to main- 
 
 tain a suitable enclosure or fence around Union Park and it shall 
 
 Union parkand h their duty also, to maintain a suitable enclosure or fence around 
 
 square? g E Washington square, whenever the same shall be ordered to be built 
 by the city. The said fence or enclosure to be far enough from the 
 side lines of said square for a street to surround the same, and 
 the said square may be divided into two or three parts by one or 
 two streets crossing the same, as the common counncil shall direct, 
 and trees shall be planted at suitable points in said square and 
 the walks laid out as the common council shall direct ; and it shall 
 be the duty of the street commissioner to attend to the keep- 
 ing and maintenance of such walks on all the public grounds, in 
 suitable condition for public use, and it shall be his duty also in 
 working and repairing the streets around Washington square to 
 see that the same are worked at the proper distance from the out- 
 lines of such square. 
 
 BY-LAW VI 
 
 HEALTH. 
 Enacted Sept. 28. 1851. Approved Oct. 13. 
 
 Be it nrdnined bv the Mayor, Aldermen, Councl'men and Free- 
 men of the City of Middletown : 
 
 SEC. 1. The common council shall in conformity with the city 
 charter be aboard of health for the city, and shall appoint from 
 their number a health committee, whose duty it shall be to see that
 
 Health BY-UWS. Health Nuisances. 71 
 
 the laws of the state and by-laws and ordinances of the city in Health commit- 
 regard to the preservation of the health of its citizens are duly tee ' 
 and properly enforced. 
 
 SEC. 2. If any person shall deposit at any place within the 
 limits of the city and permit the same to remain for a longer pe- 
 riod than twenty-four hours, any filthy, putrid or unhealthy sub- Fiithysubstan 
 stance in a situation where the health of the citizens is liable to ces - 
 be impaired or be endangered thereby, such person so offending 
 shall forfeit an-,1 p;iy into the treasury of the city the sum of three 
 dollars for sucli offense, and one dollar additional for every day 
 the said substance shall be suffered to remain unmoved from 
 within the limits of the city, after notice given to remove the same 
 by the health committee or by the street commissioner. 
 
 SEC. 3. No person shall keep any swine, in any sty or enclosure 
 within five rods of any street or highway, or any dwelling house, 
 store or shop, other than his own within the limit of the city, on Swine - 
 penalty of three dollars for each offense, and one dollar additional 
 lor each week the said offense shall be continued after notice to 
 abate the same from the health committee. 
 
 SEC. 4. It shall be the duty of the health committee to cause 
 all substances which shall be deemed injurious to the health of the 
 citizens to be removed, and all filthy places which may be in like Removal of 
 manner deemed injurious, to be cleansed ajid purified, and if any ril!ust" C heVith U 
 putrid, filthy or unhealthy substance injurious to health, shall be and cleansing 
 found upon land owned or occupied by any person in the street in " f filtby places, 
 front of land so owned or occupied, and if there shall be any filthy 
 place on such land, injurious to health, the said health committee, 
 shall notify, in writing such owner and occupant to remove or 
 cleanse the same ; and if not so removed or cleansed within the time 
 to be specified in the notice or order, it shall be the duty of the Proceedings, 
 health committee to cause the same to he removed or cleansed, 
 and the expense of such removal or cleansing shall be paid by 
 such owner or occupant, and he shall forfeit and pay in addition 
 thereto two dollars for each day's neglect to comply with the or- 
 der of said health committee, and on a refusal of such owner or Expense 
 occupant to pay such expense, the same shall be recovered of such 
 owner or occupant by action of debt. 
 
 SEC. 5 All substances and all places within the limits of the 
 city, from which a noxious, pestilential or offensive effluvia is emit- 
 ted shall be removed, cleansed or purified, by the owner or occupant, 
 of such substances or places, in such manner as the health com- N . x ' U8efflu * 
 mittee shall direct, and if any person who shall be the owner or oc- m ' 
 cupant of such substance or place, or who shall be instrumental 
 in causing such effluvia, shall refuse or neglect to remove or 
 cleanse the same when ordered so to do by the health committee or 
 the major part of them for two daysafter being so directed, it shall 
 be the duty of the said health committee to proceed in regard to 
 such person as prescribed in the last section, and such person shall 
 forfejt and pay the penalty prescribed in the said last section for 
 his refusal or neglect.
 
 72 Health Nuisances. 
 
 BY LAWS. 
 
 Health Nuisances. 
 
 SEC. 6. No person shall erect or cause to be erected, or shall 
 
 convert, use, hire or lease, or cause to be converted, used, hired or 
 
 leased, any building or part of a building within the limits of the 
 
 slaughter hou- c ity ; for the purpose of a slaughter-house, and any person guilty of 
 
 a violation of this law shall forfeit and pay to the city treasury the 
 
 sura of fifty dollars, and the further sum of ten dol lars for every 
 
 week the said building or part of a building shall continue to 
 
 be used by such person as a slaughter-house alter notice given to 
 
 remove the same by the health committee or the common council. 
 
 SEC. 7. No person shall dress or clean any fish or desposit or 
 
 expose for sale, or for any other purpose any fish, clams, oysters, 
 
 Dressineof fish lobsters or any animal or vegetable substance of a character to 
 
 &c or offering i ncommoc j e annoy or offend the citizens of the city, within the 
 
 them for tale. ,. ., . J . e f ,, ,,. 111 
 
 . limits of any street or or any of the public grounds, unless by vir- 
 tue of a written license previously obtained of the common council, 
 and any person guilty of violating this law shall, on notice from the 
 health committee or street commissioner, forthwith desist therefrom, 
 and on refusing or neglecting so to do, shall forfeit and pay the 
 Penalty. sum of five dollars to the city treasury, and in addition thereto 
 
 shall pay all charges and costs of removing the same by the said 
 health committee or street commissioner, who are hereby authorized 
 to effect such removal; and if such person so offending as above, shall 
 immediately or soon after repeat or permit, or cause to be repeated 
 or permitted the said offense, in the same or any other equally im- 
 proper place within the limits of any street or public ground of the 
 city, such person shall forfeit and pay into the city treasury the 
 further sum of ten dollars. 
 
 SEC. 8. The selling or offering for sale within the limits of the 
 city, any substance for food not in a wholesome condition, or con- 
 taining poisonous ingredients, or ingredients calculated to induce 
 The sale o* ar- disease or injury to health, or the selling or offering for sale within 
 ti(; i e * t j' )r fo ." d . said limits, any drink or beverage of an unwholesome kind or con- 
 '"'" ' "taming ingredients of a poisonous character and injurious or pre- 
 judicial to health, is hereby strictly prohibited, and any person 
 who shall be found guilty of violating this law, shall forfeit and pay 
 into the city treasury the sum of twenty dollars, and nny person 
 who shall after having been thus convicted, repeat or cause to repeat- 
 ed a further violation of said law, shall forfeit and pay into the 
 city treasury the sum of fifty dollars for each repetition 
 
 SEC. 9. No person shall put into any spring, or well, or into 
 any stream within the limits of the city, the water in which is used as 
 a beverage or for washing or bathing, any substance <r ingredient 
 which shall render such water unsafe or unfit for such purposes, and 
 any person guilty of violating this law, who shall not desist from such 
 violation after being notified so to do by the health committee, shall 
 forfeit and pay into the city treasury the sum of ten dollars, and 
 five dollars for every week the said offense shall be continued after 
 receiving notice to desist as aforesaid. 
 
 SKC. 13. No dead body of any person shall be interred within 
 the limits of the city except in some public burial ground specially 
 
 prohibited.' 
 
 Penalty. 
 
 Protection of 
 water.
 
 Interments. BY-LAWS. Hearses. 73 
 
 set apart for the purpose, it is also forbidden to expose for an un-Bnrial of 
 reasonable time before interment the dead body of any person 
 whose death lias been caused by any contagious disease or to inter 
 the same within the limits of the city, unless said body is placed 
 in the earth at least five feet below the surface, on level ground and 
 deeper in proportion as the surface of the ground is more inclined 
 and for each body of any person unreasonably exposed as above 
 or interred contrary to this law the person or persons so interring 
 shall forfeit and pay the sum of one hundred dollars, together with 
 the expense of reinterring said body in a proper place and manner 
 as directed by the health committee. 
 
 SRC. 11. It shall be the duty of the common council to keep in 
 serviceable condition at the expense of the city, two hearses, to 
 be placed in the care of such persons to be called hearse-masters as 
 they may deem proper, the said hearses not to be used in conveying Hearscg and 
 bodies other than those who while living were residents of the city, j^arse masters, 
 unless by permission given in writing by the chairman of the health 
 committee, and any person violating this law shall forfeit and pay 
 into the city treasury the sum of ten dollars for each offense, and 
 any person who shall be guilty of mutilating or injuring in any 
 way any hearse or its appendages shall forfeit and pay .the sum of 
 twenty dollars, and shall in addition thereto pay all damage or ex- 
 pense of repairing the same. 
 
 SEC. 12. If any minor, apprentice, servant or agent, shall be 
 found guilty of a violation of any of the provisions of this by-law, 
 the parent or guardian, master, or principal of such minor, appren- Minorg lo> 
 tice, servant or agent shall pay into the city treasury the penalty 
 or penalties affixed to such violation, to be recovered by actiou 
 of debt. 
 
 BY-LAW VII. 
 
 REPEAL OF FORMER BY-LAWS. 
 Enacted Sept. 28. 1857. Approved Oct. 13. 
 
 Be it ordained by the Mayor, Aldermen, Councilmen and Free* 
 men of the City of Middle.town : 
 
 That all by-laws of the city of Middletown, in force on the 
 first day of September, A. D., one thousand eight hundred 
 and fifty seven, be and the same are hereby repealed. 
 
 11
 
 1 1ST D E X . 
 
 ACT incorporating city and amendments to be deemed public acts ; 13, 21, 24, 32 
 
 how altered or revoked, - - .13, 34 
 
 ALDERMAN Senior, to be moderator of city meetings and of meetings ) 12, 45 
 
 of Common Council in absence of mayor, - 
 
 power of, in absence of mayor, - 
 ALDERMEN, may sign warrant to collect assessments for aide-walks, - * 
 
 to make complaint to mayor for negligence of collector, 
 
 have same power as justices of peace in civil cases, 
 
 appeal from to city court, when allowable, 
 
 fees in trials before, processes in action before, how taken, 
 
 writs before, how served ; to be present with clerk at drawing of jury, 
 
 to be sworn ; relative to property, qualifications of, - IK 
 
 same power to keep the peace as justices of the peace, 
 
 may issue processes against offender and summon witnesses, 
 
 may require aid of any sheriff, constables or watchmen, 
 
 persons resisting, penalty, and compensation for aiding, 
 
 number and "election of, 25 ; may enter and inspect medical institutions, 
 
 duties, and powers relative to intemperance, - 
 
 when elected, penalty for refusing to serve, 
 AMENDMENTS to charter, how made, 
 ANCHORING of vessels, power to regulate, 
 ANIMALS, power to make by-laws relative to, 
 
 impounding of ; any person may impound, - 68, 6! 
 
 replevin and rescue of, 
 
 ANIMAL Substances, relative to sale and deposit of in streets, 
 ANNUAL election ot city officers, 
 APPEAL, when aggrieved by laying of sidewalks, 
 
 from city court 6, from aldermen to city court, 
 
 from assessments for drains and nuisances, 
 
 from reappraisement in laying out of streets, Ac., - 
 
 APPRAISERS of land for highways, appointment of, 
 ASSESSOR city, election of, 25 ; duties of, to report to common council, - 
 
 oath and compensation of, 
 ATTORNEY city, to prosecute for breach of by-laws, and to be sworn, - - 7, 66 
 
 election of, - - ... - 7, 25 
 
 VENUES, public, (see streets,) 
 BADGES of city officers, and of police to be worn at fires, Ac., - - - 48 > 55
 
 INDEX. 76 
 
 BAKEKS, power to license, 26 
 
 BALLOTS, how deposited at election of officers, - 4 
 
 how to he counted, not to be received after box is opened, - 4 
 
 BALLOT BOX, city to provide, how constructed, fcc., 4 
 
 bow long to remain' open at election, - 23 
 
 BEACON LIGHTS, when to be placed on streets, penalty for neglecting or removing, bo 
 
 BELLS, ringing of, power to regulate, 27 ; relative to, - 48, 4 
 
 BEVERAGE, selling unwholesome aud poisonous, prohibited, - "I'i 
 
 BILLIARD TABLES, bowls, uiiie-piu alleys. <tc., for recreation only to be licensed 3~> 
 
 BOARD OF HEALTH, powers of, - 28 
 
 BONDS, to be given by sheriffs 5, 48 ; for prosecution in issue of writs, - 8 
 
 of city officers, power to make by-laws relative to, - 27 
 
 of treasurer, 49 ; of street commissioner, - fi4 
 
 BOUNDARIES, of city, - 25 
 
 BREAD, power to make by-laws relative to assize of, 1 1 
 
 weight of, power to regulate, - 2(> 
 
 BRICK, tor side-walk? prohibited, - 65 
 
 BUILDINGS, power to make by-lnws relative to, to guard against fire, - - 11,27 
 
 of wood not to be erected within certain limits*. - 58 
 
 to be inspected by fire-wardens, to be provided with fire-buckets &c., - 57 
 
 BURIALS and burial grounds, power to make by-laws relating to, 11 
 
 relative to, - - 73 
 
 BUTCHERS rower to license, - - ..... 26 
 
 BUTTERNUT STREET, north part changed to Hill Street. - 63 
 
 BY-LAWS, to be approved by freemen of city ; publication of; repeal of by Superior ct 27 
 
 prior to Sept. 1, 1857, repealed, - - - 73 
 
 CANNON' FIRING of, power to regulate, Ac., - - 27,48 
 
 CARRIAGE and Carts, power to make by-laws relative to, - 2t> 
 
 CARTMEN, power to license, - - 26 
 
 CHANNELS, power to make by-laws relative to. - - 11 
 
 CHARTER, of 1784, page 1 ; revised 1821, page4 ; amendments to, - 13 
 
 and amendments, public acts, - ... 13,21,24,32 
 
 CHIMNEYS, power to make by-laws relative to, - 11 
 
 emitting fire, &c. - - - 58 
 
 CIGARS and pipes, when lighted, prohibited in barns, &c., - - 59 
 
 CITY, corporate title and powers of, - ... 24, 25 
 
 liability of, by default ot sheriff, 5 
 
 inhabitants ot, part of town of Middletown, - - - - 13 
 
 CITY ATTORNEY, (see Attorney,) 
 
 CITY CONSTABLES, election, number and powers of, - - 25 
 
 .CITY COURT, time of holding, jurisdiction of, - 5 
 
 appeals from, sureties in relation to, - 6 
 limitation as to appeal?, writs of error, - - ... 6 
 organization of, absence of members, how supplied, ... 7 
 
 power of a single judge, special election to be held, power of, 7 
 
 t'des of, same as superior courts. - - , . 7 
 service of writs, and when returnable, - - ... 7 
 
 power of, in issues of fact, - - - - - - 10 
 
 powers of. not affected, by act relative to courts, - - - - 39 
 
 writs of error in stay of execution, . - 39, 49 
 
 CITY OFFICERS, oath of, to be recoMd before being qualified to act, - - ' 25 
 
 CITY MEETINGS, may be adjourned by major vote, . 12 
 
 special, to be called as city directs, ... - - 12 
 
 questions to be decided by a majority of those present, - 12 
 
 annual, officers to be voted for on one ballot, . ' . - - 25 
 
 power of waraing ; to make by-laws relative to, - - - 26 
 
 object of, to be specified in warning, - - . - 36 
 
 \vhentobebeld.recordsoftobepreserved, - - - 45 
 
 common council may call, notice of, how to be given, - -46
 
 INDEX. 77 
 
 to be called on petitioo of 50 freemen, - - 46 
 
 to supply vacancies in city offices. - 4fi 
 
 CLEANLINESS and health of city, power to make by-laws relative to, - 27 
 
 CLERK OF CITY, may make record of his own election, 1 
 
 election aud duties of ; records by valid, - - 4,25 
 
 to be sworn, to enroll names on electors lit-t, - 23 
 
 to attend meetings, and prepare list of voters at election. - 45 
 
 to be clerk ot common council, and to be notified of meetings, - 46 
 
 to register names of members ot fire department, - -52 
 
 to make records of discharges from fire department, - 53 
 
 compensation of. - - - ... 46, 64 
 
 CLERK OF CITY COURT, his powers, oath of, - 
 
 instructions to, relative to jurors, - 9 
 
 to issue warrant for sheriff, to summon jury, 9 
 
 COLLECTOR'S WARRANT, relative to side-walks, how signed, his powers, 3 
 
 COLLECTOR OF TAXES, how appointed, his powers, when accountable, 5 
 
 when neligent, mode of proceeding against, 5 
 
 election of, - - - - - - - - 25 
 
 to be furnished with list of tax-payers by treasurer, - iO 
 
 to give bond with sureties, - - - 51 
 
 to receive warrant from mayor, - . - -51 
 
 to pay over tax aa fast as collected, - - 51 
 
 if unable to collect tax, how excused, . - - * 51 
 
 COMMON CARRIERS, compousatiou of ; common council to regulate, - - 70 
 
 COMMERCE, power to make by-laws, relative to, - 26 
 
 COMMON COUNCIL, to establish side walks, and alter same, - 2 
 
 to order grading and flagging of side-walks, - ... 2 
 
 to limit time for constructing, and apportion expense of side walks, 2 
 
 to build or improve side-walks, when proprietors neglect, - 3 
 
 to appoint collector, to collect assessments for side-walks, - 3 
 
 to establish cross-walks, - ... 3 
 
 annual meeting of, - .9 
 
 to elect jurors for city courts, - 9 
 
 how organized, powers of by major vote to make by-laws, - 11 
 
 power to prohibit buildings of wood within certain limits, - 11 
 
 to organize and establish rules for engine co. No. 3, - 13 
 to organize fire engine co. No. 4, .... 15 
 
 to raise thirty additional firemen, - . ... 15 
 
 to cause certain health nuisances to be removed ] 
 
 and how places to be filled, and apportion i/xpense -19,20 
 
 on individuals and the city, and appoint collector, j 
 
 may construct, or cause drains to be constructed, j 
 
 and assess expense and collect as above, ) 
 
 may remove all offensive substances and assess j 
 
 expense as above, J 
 
 may appoint special constables, - - - - - 22 
 
 to perfect list of voters. - ... 23 
 
 to direct expenditures on streets, . 24 
 to appoint highway or street commissioner, - .... 24 
 
 organization and quorum of, ... 26 
 
 meetings of, power to make by-laws relative to warning of, - - 26 
 
 a board of health ; may appoint health committee, - . - "28 
 
 assent of, necessary to lay-out of streets, - 
 
 to notify owners before lay-out of streets, - 
 
 may appoint committee to lay out streets, - 
 
 may order reconsideration of appraisement of land, - 
 
 to make survey of lay-out of streets, and put on record, 
 
 (o limit time of opeaiug of streets, 
 
 28 
 29 
 29 
 30 
 30 
 30
 
 78 INDEX. 
 
 authorized to provide for widening streets, - 31 
 
 authorized to construct sewers, and assess expense on individuals, - - 32 
 
 may regulate carriages. c., and price of conveyance J 
 
 without concurrence of city meeting, 
 
 may license nin-piu-alleys, bowls, and skettles, - 35 
 
 may license billiard tallies, - 35 
 
 may regulate theatrical exhibitions, circuses excepted, - - 40 
 
 may appoint flre marshals',. . -42 
 
 meetings monthly, <fec., bow called, mayor to preside, . . 45 ; 4(> 
 
 records of, to be preserved, - . ' 46 
 
 to prescribe budges for police, - ... 48 
 
 to regulate ringing of church bells, and blowing of steam whistles, - .49 
 
 may offer rewards to detect trespassers, and ^mploy special watch, - .49 
 
 may require treasurer to renew bonds, - ... 49 
 
 to approve oi all claims before payment, except monies j - , 
 
 loaned to city, and interest monies, 
 
 to fix compensation of treasurer and assessor, - . . - 50 51 
 
 to elect and discharge members of fire department, . . - 52 i 
 
 powers of, relative to purchase of flre apparatus, - 
 
 may allow fire-works, - - 59 
 
 to approve of shade-trees in streets, 
 
 to direct as to deposit of building material, &c., 
 
 to order payment of; expense for removing street nuisances, 
 
 to provide pounds for animals, 
 
 to regulate common carriers and hackuien, 
 
 power and duty of, to inclose public grounds j 
 
 aud keep walks therein in order, &c., 
 
 to provide hearses at expense ot city, and f 
 
 appoint hearsemasters, 73 
 
 COMMON VICTUALERS power to make by-laws relative to. 26 
 
 COMPENSATION to persons aiding in preservation o)' peace, 
 
 of city officers, aldermen 8, assessor 51, clerk, 
 
 of sheriffs 48, of street commissioner, 24. of treasurer, 
 
 ot engineer 54, of fire-wardens 58, of fire companies, 
 
 CONSTABLES and special constables, their duties, 4854 
 
 CONVEYANCES in city, power to regulate, price ol, - . ' 2 g 
 
 COUNCILMEN, number and election of, 
 
 when elected, penalty for refusing to serve, 
 
 to be sworn, oath of, . JQ 
 
 CROSS-WALKS, to be established by common council, - 
 
 to he built at expense of city, - 
 
 DAMAGE to city wells, reservoirs, &c., penalty for causing, 
 DEAD BODIES, relative to dissection of, 
 DISCHARGE of members of fire department, 
 DISEASE contagious, deaths by, bodies how interred, 
 DISTURBANCE in night season, penalty for, 
 DRAINAGE of land, by common council, 
 DKAINS, repairs of, by common council, 
 
 if proprietors neglect to make, may be assessed, 
 
 proprietors if aggrieved may appeal, ... 
 
 power to make by-laws relative to, 
 
 DRINKS, unwholesome and poisonous, penalty for Belling, 
 DRUMS beating of, power to regulate, 
 
 mayor and common council may allow - 
 
 penalty if not allowed, 
 ELECTION of city officers, clerk and treasurer, - 
 
 penalty for illegal voting at, - 
 
 annual 25, how conducted, - . 03 
 
 if no choice, a new one to be held, 
 ENCUMBRANCES ou railroad tracks, power to make by-lavra relative to,
 
 INDEX. 
 
 ENGINEERS of fire department, exempted from military ) 3 g 37 
 
 duty, serving on jury and poll tax, j 
 
 ENGINEER and assistants of fire department, 
 
 their powers and duties, (see fire department.) 
 
 EXHIBITIONS, theatrical, &c., except circuses, regulation of, 40 
 
 FIRE, false alarm of, penalty for, 69 
 
 FIRE, Hook and Ladder company, resolve of ; general assembly authorizing, 14 
 
 FIRE-ARMS use of, power to make by-laws relative to, 27 
 
 FIRE BUCKETS, owners and occupants of building to keep, - - 51 
 
 FIRE COMPANIES, to have 30 men each, - 15 
 
 authorized to make by-laws, and impose taxes on themselves, 15, 16 
 
 FIRE DEPARTMENT, organization of, - 51 
 
 members of, exempt from jury and military service and poll tax, 1, 2, 36, 37, 38 
 officers and members of, elected by common council, discharge of members, ) 
 enlistments in, how made, and certificates of election, 62 
 
 register of names, and time of service, nomination of officers, 
 discharge to be in writing, and to be recorded, ~) 
 
 engineer to have control of, under mayor, 
 discipline and drill of members, 
 
 inspection of engines and apparatus, <5cc., - 53 
 
 amount which engineer is authorized toexp'd annul'y 
 engineer to report annually to common council, j 
 
 engineer to have entire command at fircp. .... 5 
 
 engineer may command aid of persons present atfirea, ] 
 and may demolish buildings with assent of civil | 
 
 authority present, his duties subsequent to fires and 1 
 compensation, 
 
 compensation of fire companies, payments | 
 
 when made, powers and duties of assistant engineers. J 
 penalty for disobeying orders, duties of firemen on alarm of fires. ~] 
 penalty for absence from firs, or from drill, what excuses valid/ 
 foremen and assistant foremen, of companies, J. . 55 
 
 their powers and duties, penalty for disobeying engineer, when to | 
 call out their companies for drill, to have care of engines, &c., j 
 foreman to preserve order in their companies, in engine- houses and") 
 elsewhere, purchase of fire apparatus, duties of persons at fires, not | 
 members of fire department, penalty for refusing to assist, improper \ - 56 
 
 use of fire engines and apparatus.'and taking same from city without | 
 leave prohibited, division of city into wards, their boundaries 
 
 FIRE ENGINE Cjo. No. 1, resolve o* assembly authorizing,- - 1 
 
 No. 2, act of general court authorizing, j 2 
 
 No. 3, act of general assembly authorizing, - .1 13 
 
 common council to establish rules for ... . IS 
 
 No. 4. resolve of general assembly, authorizing, ... 15 
 
 FIRE ENGINES and fire apparatus, and engine houses, penalty for injury to, - 59 
 FIRE LIMITS, defined and erecting of wooden buildings prohibited - 59 
 
 FIRES, power to make by-laws relative to, - ... 27 
 
 sheriffs to be present at, and wear badge, ... 47 
 
 constables and special constables to be present at, and wear badge - 48 
 
 business exposing to prohibited, - .58 
 
 duties of persons at. not members of fire department, - 56 
 
 incendiary, investigation into causes of, - 42 
 
 FIRE MARSHALL election of, his duties and powers of, . 42 52 
 
 FIRE WARDENS, to be elected by common council ... 52 
 
 to be residents of their respective wards, duties of, on occasion of fires ) 
 to inspect buildings annually and report in relation to their security' > 
 and means of access, ' ' I 
 
 to wear badges at fires, and produce certificate of their election if reauir- ) 
 ed by owner or occupant of building inspected ; their compensation, 
 
 57 
 - 58
 
 INDEX. SO 
 
 exempt from military and jury service and poll tax, - 36 37 
 
 FIRE-WOKKS, power to regulate, - 27 
 
 penalty of illegal burninsr or sale of, on occasions of festivity allowed, - 48, 59 
 
 FISH, relative to sale and dressing of in streets, - - 72 
 
 FLOUR, manufactures of, power to make by-laws relative to, 11 
 FLUES, (see chimneys,) 
 
 FOOD, unwholesome or poisonous, penalty for selling, 72 
 
 FREEDOM OF CITY, power to grant, and privileges conferred by, - 5 
 FUSE, (see gunpowder,) 
 
 GAS, and gas-pipes, &c., power to regulate, 27 
 
 GRAND JURORS, how appointed, number and duties of, ) ,- 
 
 to be sworn, term of office f 
 
 GROCERS petty, power to license, ... - 26 
 
 GUARDIANS, responsible for wards, .... 60 
 
 GUNPOWDER, power to make by-laws relative to 12, 27 
 
 GUNPOWDER, gun-cotton and fuse, how kept and sold, &c., 60,73 
 
 GUNS, pistols, c., firing of prohibited, - 48 
 GUTTERS, power to make by-laws relative to, - -26 
 
 HACKMEN, and common carriers, relative to, - 70 
 HACKS, power to license and make by-laws relative to, - -26 
 HACKS, carriages, &c.. common council to regulate and ^ 
 
 regulations to be published, 
 
 HAYWARDS, election of, their power and duties, - 68,69 
 
 HEALTH, power to make by-laws relative to, common council a board of, 27, 28 
 
 sale of articles prejudicial to prohibited ; nuisances, - - 72 
 HEALTH COMMITTEE, how appointed, powers of, - 28, 71 72 
 
 to cause putrid and unhealthy substances to be removed, ) . 9R 
 
 expense how defrayed, 
 
 HEARSES and hearsemasters, relative to, - - 73 
 
 penalty for using improperly, or injuring, - 73 
 
 HIDES, leather, &c., power to make by-laws relative to, - 33 
 HIGHWAY surveyor (see street commissioner,) - - - 
 HIGHWAYS, (see streets,) - . 
 
 HOOK AND LADDER company, members of, exempt from military duty, ) , 
 
 and from commutation tax, 
 HORSES AND MULES, racing of in streets prohibited, { 
 
 penalty for leaving unfastened, 
 
 HOUSES for fire engines, engineer to attend to repairs of, - - - 53 
 
 ILL FAME houses of, relative to, - - - . 17 
 
 IMPOUNDING of animals, ; 27 68 
 INCENDIARY fires, relative to, ... 
 
 INHABITANTS of city, part of town, .... 13 
 
 INSPECTORS of produce, by-law relative to, oath of, - 11 
 city to appoint, .... 
 
 INSTITUTIONS medical, right of mayor and aldermea to enter, - 33 
 
 INTEMPERANCE, relating to suppression of, trials, fees and appeals, - 37, 38 
 
 jurisdiction of police courts in relation to, - - s 
 
 INTERMENTS, relative to, .... 
 
 JUDGES of city court, ... 7 
 
 JURORS of city court, to be elected annually by common council, ) 
 
 names ot to be returned to clerk of city court, -- - - 9 
 
 how drawn by sheriffs, penalty for neglect of, j 
 
 deficiency in number how supplied, oath of, ... 10 
 
 power to make by-laws relative to, .... 26 
 
 JURORS GRAND, how appointed, their duties, number, ) 
 to be sworn, term of office, 
 
 JURORS duty, exemption from, - . . - - 36 37 
 
 JURY of six, in issues of fact, . . . . ' jo 
 
 JUSTICES of peace, when to act as members of city court, ... 7 
 
 powers of relative to intemperance, ... 37
 
 INDEX. 
 
 81 
 
 LAMPS, and lamp posts, penalty for injury to, - 67 
 
 LANDING places, power to regulate, ... r 27 
 
 power to lay out, &c., see streets, - 28 
 
 LEATHER, hides,'&c., power to make by-laws relative to, - -33 
 
 LICENSES, power to make by-laws relative to, - 26 
 
 LIFE, power to make by-laws for the protection of, - 27 
 
 LIGHTS public, power to regulate, ..... 27 
 
 in barns, c., to be enclosed, - 59 
 
 beacon, where to be placed on streets, and penalties ) -- 
 for neglecting or removing, 
 
 LIMITS OF CITY, ..... 25 
 
 LIST of electors, preparation f, ..... 23 
 
 MAINE LAW, (see intemperance,) . . ... 36 37 
 
 MARKETS, power to make by-laws relative to, .... 6 
 
 MARSHAL FIRE, relating to, ..... 42 
 
 MASTER, responsible for servants and apprentices, . J . 60,73 
 
 MATERIALS, and merchandise in streets relating to, ... 67 
 
 MAYOR, to issue warrant to collector relative to side-walks, . . 3 
 
 and aldermen ballots at election to be deposited in presence of, . 4 
 
 or alderman to sign tax collectors warrant, . . . 5, 51 
 
 and aldermen collector accountable to, . ... 5 
 
 to issue warrant against estate of negligent collector, . 5 
 
 to be sworn, ....... 10 
 
 property qualificatian of, power to make by-laws relative to, . 11 
 
 to sign transfers of real estate of city, .... 12 
 
 vacancy in office of, how filled, ..... 12 
 
 to be moderator of meetings of city and common council, . 12,45 
 
 power of, may issue process against offenders and summon witnesses. 16 
 
 may require aid of any sheriff constable or watchman, . . 16 
 
 persons resisting, penalty, persons aiding, compensation, . . 17 
 
 to be chief executive magistrate and conservator of the peace, . 17,45 
 
 may suppress riots, tumults, <fcc., with force and strong hand, 17 
 
 may commit to prison for 24 hours, and enter suspicious houses, . 17 
 
 may commit for 48 hours, persons refusing to disperse, . . 17 
 
 powers of, same as sheriff to disperse rioters . , 18 
 
 may call out military to assist, penalty for resisting, . 18 
 
 to apprehend rioters if they do not disperse, . . 19 
 
 to be elected biennially, ... . 26 
 
 to sign notice to owners of land in layout, &c., of streets, . 29 
 
 to appraisers of land, for highways, . . . 29 
 
 powers and duties of, relative to intemperance, . . 37 
 
 to call meetings of common council and make annual report, . 45 
 
 absence of, senior alderman to act, ... 45 
 
 to have custody of city seal, , . 47 
 
 to call city meetings, ... . 46 
 
 to approve bonds of treasurer and sign orders on treasurer, . 49, 50 
 
 may pay monies borrowed, and interest without approval of common council, 50 
 
 to give leave to use fire engines and apparatus, ... 56 
 
 to wear badge at fires and license fire works, . . . 58, 59 
 
 MEDICAL INSTITUTIONS, mayor and two senior aldermen may enter, . 33 
 
 MEETINGS OF CITY, (see city meetings,) .... 
 
 MIDDLETOWN, town of, to maintain bridges in city as heretofore, 24 
 MIDDLETOWN GAS LIGHT COMPANY, privileges conferred and restrictions upon, 22 
 
 MILITARY DUTY, exemption from, . . . 1,2,36,37,38 
 
 MILITARY, marching of in streets, power to regulate by, by-law, . 12 
 
 MILITARY PARADES, power to designate places for in or near city, . 12
 
 82 IXDEX. 
 
 MINORS, relative to, ... 60, 68,73 
 
 MOORING, and moving of vessels, power to regulate, 
 
 NAMES OF STREETS, . . . . . 60, 63 
 
 NINE-PIN- ALLEYS, license of for recreation only, . 
 
 NOISE, in night season, power to make by-laws relative to, . . 
 
 or disturbance, relative to, .... 48, 4 
 
 NOTICE, to owners of land on layout of streets, and how served, 
 
 NUISANCES, injurious to health how removed, ... 19, 28, 71 
 
 of all kinds, power to make by-laws relative to, . . 26, 27 
 
 or obstructions in streets how disposed of, . . . 66,67 
 
 OATH OF CITY CLERK, . . . . . 7, 10 
 
 of jurors, mayor, and aldermen, councilmen and sheriff, 1 JQ 
 by whom administered, $ 
 certificate of, to be given and recorded before being qualified to act, 
 of inspectors of produce, power to make by-laws relative to, 
 
 of recorder, 16, of grand jurors 17, of special constables, . 21 
 
 of appraisers of right of way for streets, &c., . . 29 
 
 of treasurer, 49. assessor 51, of hayward, ... 68 
 
 OATHS OF CITY OFFICERS, power to make by-laws relative to, . 27 
 
 OBSTRUCTIONS IN STREETS, &c., power to make by-laws relative to, 
 
 penalties for p acing, ..... 65 
 
 OFFICERS, to be elected at annual meeting, 
 
 to be voted for on one ballot, and rank according to number of votes, . 25, 26 
 
 to hold office until others are elected and qualified, . . 26 
 
 to be chosen by common council. .... 26 
 
 executive, subordinate to mayor, .... 45 
 
 elected, penaltv for non acceptance, .... 46 
 
 ORDNANCE, firing of in city prohibited, .... 48 
 
 PARSONAGE STREET, name changed to College street, . . 61 
 
 PAY OF OFFICERS, (see compensation.) 
 
 PENALTY, for neglect of duty by jurors and sheriffs, . . 9 
 
 in case of city officers refu-ing to serve, . . . 11,46 
 
 for resisting mayor or senior alderman, ... 17, 18 
 
 in case military refuse obedience to the mayor, . . 18 
 
 for resisting special and city constables, ... 22 
 
 for erection of buildings beyond building line, "... 32 
 
 for illegal sale of leather hides and skins, ... 33 
 lor violation of rules relative to hacks, carriages, &c., ) 
 
 how enforced if not paid in 30 days. o4, < 
 
 for violating law relative to billiard tables, nin-pin alleys, &c., . 35 
 for beating drums, discharging fire arms, ringing bells, blowing steam whistles, &c. 48 
 
 for causing disturbance in streets, .... 49 
 
 members of fire department for disobedience, . . 55 
 
 for absence from Sre and drill of firemen, . 55 
 
 for disobeying foreman, .... 55 
 when persons at fires, not members of fire department refuse to obey orders, 56 
 
 for using fire engines without leave, .... 55 
 
 for taking fire engines, out of city without leave, . 56 
 
 for neglect of order's of fire warden, . . 57 
 
 for neglect to keep fire buckets, ... 57 
 
 for refusing fire warden access to building, . . 58 
 
 for chimneys, &c., emitting flames and sparks, &c. . . 58, 59 
 
 PENALTY for carrying lighted cigars or pipes into barns, &c., ' 69 
 
 PENALTY FOR INJURY TO PUMPS, reservoirs, fire engines & apparatus & house, 59 
 for false alarm of fire, and announcing fire to be extinguished when it is not, 59 
 
 for illegal sale, and burning of fire works, ... 59 
 
 for illegal sale and keeping of gunpowder, guu cotton and fuse, . 60 
 
 for placing obstructions and nuisances in streets, , . 65 66
 
 INDEX. 83 
 
 for removing beacon lights placed in streets, ... 67 
 
 for driving upon side-walk and injury to trees, lamps and lamp-posts, 67 
 for neglecting to keep side-walk clear of obstructions, 
 
 for racing horses or mules in streets, .... 70 
 
 for leaving horses or mules unfastened in streets, . . 70 
 
 for causing nuisances injurious to health, 
 
 for keeping swine contrary to law, .... 
 
 for putting slaughter houses in city, .... 
 
 for dressing and sale of fish, and deposit and sale of vegetables in streets, 
 
 for selling food and drinks prejudicial to health, 
 
 for injury to water in wells or streams, 
 
 for interments in violation of law, .... 
 
 for injury to city hearses, ..... 73 
 
 PENALTIES, to be prosecuted for, by city attorney, . 
 
 power to inflict, for breach of by-laws, . . . 12 
 
 to be to use of city or otherwise as by-laws shall direct, . . 12 
 
 to be recovered before city court, by treasurer, &c., . . 12 
 
 no appeal from ; relative to gunpowder, ... 12 
 
 not exceeding $7, may be sued for before recorder or alderman, [ , 
 right of appeal to city court, J 
 
 power to make by-laws relative to, .... 27 
 
 not to exceed in each case a fine of $100, and forfeiture of $100, . 27 
 
 under by-law 4 relative to fires how recovered, . . 60 
 parents, guardians, masters, or employers responsible for, in case of minors 60, 68, 73 
 for animals found estray and impounded, . . .68, 69 
 for rescuing animals impounded or resisting haywards, <fcc., . 69, 70 
 for disobeying order of health committee, . . . 71,72 
 lor not removing health nuisance, . . . . 71, 72 
 
 PERSONS, compensation of for assistance to mayor and aldermen, . - 17 
 
 PISTOLS, firing of, relative to. . . . 48 
 
 POLICE COURTS, power of Telative to intemperance, . . 38 
 POLICE, relative to, . . . . .47, 48, 49 
 
 POLL TAX. exemption from, ..... 37 
 
 POUND KEEPERS, their duties to report, . . . .68,69 
 
 POUNDS, erection of, . ..... 68 
 
 POWDER, (see gunpowder,) 
 
 PRODUCE inspectors of ; power to make by-laws relative to, . . 11 
 
 United States, to be appointed by city, .... 12 
 
 PROPERTY, qualifications of mayor and aldermen, ... 11 
 
 power to make by-laws relative to protection of, . 
 
 PROPRIETORS OF LAND, to drain and fill up low places, . . 19 
 
 PUBLIC GROUNDS, ...... 60 
 
 PUMPS, city, engineer to inspect, ..... 53 
 
 and water pipes of city, damage to, . . . 59 
 
 QUORUM of common council, what constitutes, ... 26 
 
 KACING or fast driving in streets prohibited, ... 70 
 
 RAIL ROADS, power to make by-laws relative to, . . 26 
 RANK OF CITY OFFICERS, of same class, to be as number of votes, 
 
 REAL-ESTATE OF CITY, hov? transferred, .... 12 
 
 RECORDER and two aldermen to constitute eity court, 
 
 may call special court, . . 7 
 
 to have same power as justice of peace in civil cases, . . 8 
 
 appeal from judgment of city court, when allowable, . 8 
 lees in trials before, processes in action before, how taken, . 
 
 writs before how served, ... y 
 
 to be chief judge of city court instead of mayor, ... 16 
 
 to have all judicial powers of major, ... 16
 
 84 INDEX. 
 
 to be sworn 16 ; election of, .... 25 
 
 REPEAL OF BY-LAWS, prior to Sept. 1, 1857, 
 
 by superior court, ..... 27 
 
 RESCUE OF ANIMALS impounded, and resistance to haywards, . 09 
 
 RESERVOIRS city, engineer to inspect, <fcc. .... 53 
 
 damage to, and hydrants. ..... 59 
 
 REVENUE, power to make by-laws relative to, . . . 11 
 relative to, ..... 5,11,37,49,50,51 
 
 REWARDS, common council authorized to offer, ... 49 
 
 RINGING OF BELLS, power to regulate, . . 27 
 
 SACK AND BUCKET COMPANIES, members of exempt from } 
 
 military duty and commutation tax. [ * 
 
 SEAL OF CITY, to be used in transfer of real-estate of city, . . 12 
 
 to be in custody of mayor, device of, . . 47 
 
 SEWERS, power to make by-laws relative to, ... 20 
 
 common council may construct and assess cost on individuals, . 32 
 
 SHERIFFS, power of ; and penalties for neglect of duty, . . . 5. D 
 
 default of ; city liable for ; to give bonds, . 5 
 
 how prosecuted for neglect ; may be fined, . . 9 
 
 to summon jury, 9 ; to be sworn, ... 10 
 
 election of, .... 35 
 
 to serve notices of meetings of common council, . . 40 
 
 their duties and powers, . . 47 
 to have command of police force of city, and of city prison, to attend upon ) 
 city courts, to cause bell to be rung for city meetings, and to be present at fires, f 47 
 to attend meetings of common council, &c., ) 
 
 when absent, second sheriff to act, ... 48 
 to give bonds ; compensation of, j 
 
 to wear badge at fires, &c., . . 53 
 
 SIDE-WALKS, act in relation to, .... 2 
 
 common council to establish, . 
 
 proprietors of lands, adjoining to grade and flag, 2 
 common council to apportion expense, . 
 when proprietors neglect to build or improve, 
 
 expense of ; how collected, . . 3 
 
 persons aggrieved in relation to may appeal. . . 3 
 
 when proprietor is non resident and neglects to pay assessment, 14 
 
 assessment for, a lien on land and buildings, | -,, 
 warrant of distress, similar to tax warrant, ] 
 
 SIDE-WALKS, width of; materials lor, &c.. . . 5 
 
 driving upon prohibited, . . 67 
 
 to be kept free from obstructions by adjoining owners, 68 
 
 expense of clearing to be paid if necessary from sity treasurv 6S 
 SLAUGHTER HOUSES, prohibited in city, 
 SPECIAL CONSTABLES, how appointed their duties, ! 
 to be sworn, term of office, . . 
 
 penalty for resisting, . 22 
 SPEED OF RAILROAD TRAINS, power to regulate, 
 
 SQUARES, public, and walks, power to lay-out &c I 2 
 
 ST., JOHN'S SQUARE, . . 60 
 STREET COMMISSIONER, or highway surveyor, act relating to ! 
 how appointed, his duties, to give bonds, &.Q., 
 
 compensation of ; to report annually, . .' 65 
 to direct as todeposite of building materials, &c., j 
 
 and removal of buildings in streets, 65
 
 INDEX. 
 
 85 
 
 to take notice of and remove street nuisances, ... 66 
 
 to obtain consent of common council before removing buildings, ) /.g 
 or fences as nuisances, j * 
 
 to have supervision of public grounds, ... 70 
 STREETS, squares, and highways, power to make by-laws relative to, . 11, 26, 27 
 
 marching of military in, power to make by-laws relative to, . 112 
 
 to be maintained by city, tax for, and apportionment of town tax, . 23 
 
 expenditures on, how made, ..... 24 
 
 power to lay-out, alter or extend, discontinue or exchange, . . 28 
 
 lay-out of; prohibited unless approved by common council, . 28 
 
 lay-out of; to be approved by city meeting, owners of laud to be notified, '/i> 
 
 maybe laid out by committee of common council, . . 2'J 
 
 land for, to be obtained by agreement, if possible, if not to be appraised, 29 
 
 appraisers for, how appointed, to be sworn, ... 29 
 
 appraisers to notify owners, their award to be recorded, . . 30 
 
 benefits assessed in lay-out of, c., not to exceed damages, . . 30 
 
 damages to be paid from city treasury, . . 30 
 
 benefits assessed for, to be a lien on land, mode of collecting, . 30 
 
 survey of ; to be signed uy mayor and recorded, . . . 30 
 
 time of opening to be fixed by common council, damages first to be paid, 30 
 persons aggrieved by lay-out of, &c., may apply to superior court for ) 
 reappraisement, power of court, costs how paid, 
 provision for widening by designating line for erection of buildings, 
 damages to bo appraised, 
 
 penalty for erecting buildings beyond designated line, . 32 
 
 discontinuance of ; lay-out by selectmen prohibited, 41 
 
 disturbance in, ...... 43 
 
 names of, ...... 60. 63 
 
 width of ; lines for curbstones and trees in, and lay-out ) 
 proceedings relating to, to be recorded in separate book, j 
 
 relative to repairs of, 65 
 
 obstructions in ; beacon lights to be placed, . . 65 
 
 SWAMP STREET, changed to river street, ... 63 
 
 SWINE, relative to keeping of, . ^ 
 
 TAX LIST, assessors duty, &c., . 5o 
 
 TAX payers to be notified by assessor, . 50 
 TAXES, exemption from, . . . . ^2, 36, 37, 38 
 
 TAXES, how levied and collected, . 5 
 
 power to make by-laws relative to, . H 
 indirect and duties, power to make by-laws relative to, 
 
 warrant to collector ; to be paid as collected, . 51 
 
 common council may abate, ... 51 
 
 TELEGRAPH LINES, power to make by-laws relative to. .' 26 
 
 THEATRICAL EXHIBITIONS, except circuses, regulation of; power to license, 40 
 
 TOWN OF MIDDLBTOWN, to maintain bridges in city as heretofore 24 
 
 TRANSPORTATION IN CITY, power to make by-laws relative to, . 26 
 
 TREASURER, election of ; accountable to city, . . . 4 ? 25 
 
 his term of office and power, ... '4 
 
 to receive penalties under by-laws, . . 12 
 
 to have custody of city funds, and bo sworn, to give bonds, ) 
 
 to collect city dues except taxes, to keep account of receipts and > . 49 
 
 expenditures and report annually, j 
 
 to preserve papers and vouchers, to make payments on order of mayor, 50 
 
 to present collector with list of persons liable to pay taxes, . 50 
 
 his compensation, and duty on retiring from office, 50 
 
 TREES AND THEIR FRUITS, power to make by-laws relative to,' 11 26 
 
 for shade in the streets, to be approved by common council, ' 65 
 
 TRESPASSERS, power to make by-laws relative to, . 27
 
 86 INDEX. 
 
 detections of, &c., ...... 49 
 
 TRUCKMEN, and truck?, power to licence and make by-laws relative to, . 26 
 
 UNION PARK, relative to ; to be properly enclosed, . . 60, 70 
 
 UNION STREET, 
 
 VALIDITY OF BY-LAWS, 
 
 VEGETABLES, relative to pale and doposite of in streets, 
 
 VEHICLES, power to make by-laws relative to, 
 
 VESSELS, anchoring of; power to regulate, 
 
 power to make by-laws relative to moving and mooring of, 
 VICTUALERS common, power to license, 
 VOTERS, qualification of, .... 
 
 at elections to be checked on list, 
 
 list of; to be perfected by common council, 
 
 list of to be perfected by city clerk, 
 
 VOTES, when equal for different candidates, choice bow made, 
 VOTING ILLEGALLY, penalty for, 
 
 61 
 27 
 72 
 26 
 25 
 26 
 26 
 4 
 23 
 23 
 45 
 5 
 
 12, 27 
 WALKS AND PUBLIC SQUARES, power to lay-out by by-laws. . 
 
 power to remove obstructions from, .... 27 
 
 WARDENS. (Fee fire wardens,) ..... 31 
 
 WARDS, city, description of, ..... 56 
 
 WARNING OF MEETINGS power to make by-laws relative to, . 
 
 of city meetings, to specify object of meeting, ... 61 
 
 of common council and city meetings, power to make by-laws relative to. 26 
 
 WARRANTS TO COLLECTOR, ..... 5 
 
 WARWICK. Washington and William streets Cl ; Water street ) 
 
 and Wetmore place 62 : Willys and West street, 
 WASHINGTON SQUARE, . . . . . . 60, 70 
 
 WATCH powers and duties of to be defined by by-laws, ... 12 
 
 duties of ; penalties for resisting, .... 21 
 
 city, power to make by-laws relative to, ... 
 
 special, ...... 49 
 
 WATCHMEN, duties of, ...... 4g 
 
 WATER-WORKS and fixtures, power to make by-laws relative to, . 27 
 
 WATER in wells and streams, penalty for injury to, . . . 72 
 
 WELLS, city, engineer to inspect, .... 53 
 
 damage to, .... 59 
 
 WHARVES, power to make by-laws relative to, 
 
 WHISTLES, steam, relative to, . 48 49 
 
 WIDENING of streets, &c., provision for, . . ' 31 
 
 WOOD for side-walks prohibited, . . 65 
 
 WOODEN buildings prohibited within certain limits. 
 
 WRIT of error, .'..... g 
 
 WRITS on processes by city officers, valid only within limits of city, 
 service of; when returnable, .... 
 
 before recorder or aldermen, how served, . . 9
 
 ERRATA. 
 
 Page 4. sec. 3, lOlh lino, insert (a) after the word same. 
 
 Page 10, last line, for " admistered " read " admit- idered." 
 
 Page 12, 2Ut line, insert " (a) " after -'dollars," audia margin opposite 
 
 insert, "(a) see see. 4, act 1856." 
 
 Page 15, 8ih line from bottom, for ' empowcd " read empowered. 
 Page 20. l!)th line from bottom, for " barlib " read heilih. 
 Page 22, 2d line, for " Mlddietown" read Middlelou-n. 
 Page 2(J. insert, in margin against 4th section the word quorum. 
 Page 29, llih line from bottom, f<.r ' upon" read btyond. 
 Page 32, ailvl at bottom [accepted by the city of MiiMletown, Jan. 14th, 
 
 and the acceptance recorded in the office of the Secretary of State.] 
 Pages 31 to 43, for ' charter" at head of page, read general acts. 
 Page 31, 3d line, for "compilation'' read contpilation. 
 Page 3"), sec. 105, 4th line, omit all except the word for. 
 Page :>7, substitute and for or in marginal note against 2d section. 
 Page 37, 12th line from bottom, for " 1955" read 1855. 
 Page 47, 2d line, for ' devise'' renA device. 
 Page 48. 5lh line 5th section, insert after " of" the word the. 
 Page 49, laat line, lor "distinctively " read distinctly. 
 Page al. 17th line from bottom, lor " to the " read, to e'ich of the. 
 Page 5.~>, i!,~>th lino, after the word "or" Insert fire apparatus, or if he. 
 Pago ">:*. in* 'i l. at beginning of 23-J line, if damage be done. 
 Page 64. 4th paragraph, for "westerly " read northerly. 
 Pd./f tio. ">tli paragraph, lor "plain" wad plane. 
 Page 6(J. 3d line, after tbe word "council" insert >r. 
 P.igi; (>(>. 4l!i liii'.-from bottom, lor commission TS" read commissioner. 
 Page 6G, bottom line, for " sellngi " read telling. 
 Page 67, 20th line, for " suitable" read a suitable. 
 Page 68, put " hay wards to be cworn " in margin opposite sec. 16. 
 Page 70, sec 20, 4th lin-, for - backmen " read hackman. 
 Pago 72, 14th lint; from bottom, for "repeated " read bertpenled. 
 Pig; 8 >, Index, Ittb line, -'guardians, &c." add page 67, 68, 73 
 Page 81, do. 16th do. " masters, &c." do page C7, 68, 
 Page 72. do. 1st do. li minors, Ac." do page 67. 
 Page 85. do. 33d line, for "river '' read Vint.
 
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