Year: 1867

except as herelnbefore provided; pToUided either party live within the limits of the town of Merden Said city court shall have jurisdiction of all suits in equity ezcepl for relief against any judgement rem dered, or against any pending in the Superi- or Court and may inquire into the facts itself or oy committee, and may proceed to final judge ment and decree, and enforce the same according 70 the rules of equity pocided the cause of action or proceeding ln equity, originated, and one CT both or the parties reside within the limits of said town oI Merlden, and the premises in question, in cases or lorecloseure, or the proceedings relating 70 real estate, shall be situated within said town and said city court shall have the same power and authority, and shall proceed in the same manner and grant executions as Superior Courts or hereafter shall have power to proceed and grant pToCeded, that in all where the matter Ill de- mand is more than five hundred dollars, and ap- peal shall be allowed to the Superior Court next to be holden in the county of New Haven; but no appeal shall be allowed until the party appealing shall become bound to the adverse party with sui hcient surety in such said court shall order conditioned to prosecute such appeal to effect and and the executions granted by said city court shall be served and returned in the same manner as eX- cautions granted by Superior Courts; and all the takable fees of said city court shall be the same as taxable fees Of the Superior Court

 See. 21. Whenever final judgement or decree Is rendered in said city court, in any cause i'll which any party may be entitled to a writ of error to the Superior Court such partp may ill the same time, and within five days after final judgement or de- cree, filo 8 motion that the record in such cause may be transmitted to the next Superior Court i'll New Haven county; and thereupon said city court shall have the same powers, with reference to such motion, as are given to the Superior Court in tho TWO hundred and tenth scction title l, of the re- vised statute of this state, upon similar motion in the Superior Court for tho transmission of records to the Supreme Court of errors; and upon the al- lowance of such motion, and suitable bond taken to the adverse party, the amount to be determined by the judge of said court, copy of the record shall be entered file at the next term of the Su- periOr Court for said county, which shall proceed therein as on writ of error, and enid court may, upon allowing said motion, stay execution whcneY CT it shall think proper so to do.

 Sec. 2. There shall be judge for said court, who shall be chosen by the General Assembly; lie shall enter upon the duties of his office the first Monday of July; next following his said election, and shall hold the same for the period of year and until another it chosen and sworn in his stcad and the oath to be taken by said judge shall be the same, fautGtts nlatdndtS, as the oath provided by law to be taken by executive and judicial officers prOUided that the judge to be chosen by the Gen eral Assembly now in session, shall not enter upon the duties of his office until the first Monday Of November next.

 point and swear a clerk for said court, to continuc in office during pleasure who shall, to matters relative to his office clerk of said court have tho same power and authority and be entitled to the fees as clerks of superior cOurts and the oath to be taken by the clerk shall be tho nttGtjS mtdfdiS, as the oath provided by the law to be ta ken by clerks of superior courts. Said city court shall have power to appoint an attorney for said city, also an assasant attorney to act in his absence or at his request, both of whom shall be sworn to a faithful discharge of tho duties of thor office; and such attorney shall have power to suc and prose- cute for all penalties for the breach of any of tho bylaws of said city, in the name Of the city, by proper action before said city court, and shall ap pear in all cases brought for against the city of Meripen.

 Sec. 2i. The process in all actions brought to said city coust shall be the same as process to the superior courts; which process shall be signed by the governor lieutcnant-governor or justice ofthe iudn OralnI k0foa Ipity and G11ail be served by a sheriff, deputy sheriff. city sheriff of said city of Merden, constable of said town of Meriden, an indifferent person deputod to serve the same, to whom directed according to law and the provisions of this act. And all bonds of prose- cution taken by any of the officers empowered to sign writs, shall be good and effcctual, and bonds of fprosecution, special bail and bonds of writs of error, shall be taken to the adverse party.

 Sec 25. All writs shall be served at least twelve days before the sitting of tho court to which tho same may Do returnable; and all writs returnable to said city coust shall be returned to tho clerk thereof on or before the Friday proceeding the term of court to which tho samo may be return- able.

 Sec 26. Tho court of common council of said city shall provide suitable room, and such other accommodations for said city court including records blanks, stationery, and so forth cOntem- plated by this act, said judge may deem ncccs- sary.

 Sec 27. Tho salary of said judge and the time and manner of paying the same, shall be fixed by the court of common council and shall be lieu of all fees whatsoever for services such judSo and shall be paid from the city treasury ln such man- ner as shall be provided by the bylaws of said city for paying money from said treasury. All fees arising from said court (except clerks feos) shall be paid over by the clerk of said court to the city treasurer; said clerk may draw his order upon tho city treasurer for all jury witness and officers fees, or pap the same from any funds he may have in his hands; he shall render his account of the under oath to tho auditor of said city, often as once each year.

 Sec. 29. Whenever either party to any cause pen ding before said city court desire tho same to be determined by jury, said party shall so notify the clerk of rain court on before the Saturday pre- ceding the first sitting of the court in which such cause is pending, and said clerk shall thereupon forthwith issue his warrant, directed to either of the sheris of said city commanding the sheriff re- ceivng such warrant to draw and summon twelve iurymen, ill the manner provided ill this ac to hear and determine said cauee. and said jurors shall be entitled to the same fees and be paid in the fame manner as is now by law provided

 Sec. 29. There shall be police court establish ed within and for tho city of Meriden. The judge of the city court for said city shall be judge of said police court which said judge shall have and eXer else, in addition to the jurisdiction and powers re- lating to criminal cases, arising within the ncor- pOrated limits of said city, vested in the jus tices of the peace residing in the town of Merden, the other powers and duties conferred and impos- ed on such police judge by this act. In case said judge shall at any time be unable or disqualified to act n any cause or Ill case the duties of the o- flee shall be to great for him reasonably to per-

 

 any justice of the peace, resident within said city to act his substitute, and said justice, while so acting under such request, shall have the same powers as such judge would have in like case; and such written request shall be recorded and kept with the records of said court by the clerk of ike same.

 Sec. 30. From and after the time when said judge shall commence the discharge of his official duties, no person persons (other than said judge) within the incorporated limits of said city, except as when acting supstituto as hereinafter provided, or may be provided, in the subsequent sections of thfs act shall have, exercise any of the powers specified and mentioned in the pre- ceding section of this act except in specially provided for in the subsequent sections of the same; provided, that nothing in this act shall be construed as to prohibit any magistrate now au- thorized by law to issue warrants for tho arrest 4he offendere, from issuing the same hereafter or to prohibit justices of the peace from dischargng any ministerial duty or office now by law imposed upon them but all warrants issued on account oi any offence committed within the jurisdiction of said police court shall command the officer serving the same to arrest the offender and bring him be fore said police judge who shall deal with him in the same manner, whether such warrant shall have been issued by any magistrate as aforesaid, or by and from said police court

 Sec. 31. No such judge shall be disqualified to sit in any qut tdn, or other penal action, prose