pay, for the cost of his attendance at this Assembly upon the said Waters his petition, and that execution shall be granted for the same. Execution was granted September 9th, 1709.

This Assembly grants full power to George Stillman of Wethersfield and Mary Smith of Hartford, administrators on the estate of Deacon Samuel Smith, late of Hartford, deceased, to sell so much of the land of the said Samuel Smith as shall be necessary to defray the debts remaining due from that estate, according to the order and direction of the court of probates in the county of Hartford; which power was granted to the said administrators by this Assembly in May, 1708, but by some means happened to escape the record.

For the preventing Unnecessary Charge and Loss of Time in the several Courts of Common Pleas within this Colony: [73] It is enacted and ordained by the Deputy Governour, Council and Representatives, in General Court assembled, and by the authority of the same, That jurors and witnesses in civil causes shall be summoned to attend the said courts at eight of the clock on the third day of the sessions of the said courts, and not before; and that all pleas in abatement of writs shall be heard and determined by the said courts, and issue or issues in every case aforesaid shall be made and joyned and an entry thereof made before the jury is impannelled, which issue or issues the jury shall be sworn to try. And upon every appeal from a determination of pleas made in abatement of the writ, the cause shall be referred to the next sessions of the court of assistants, where the pleas in bar shall be finally issued, and the issue joyned. And in case the defendant will not make up or joyn issue, judgment shall go against him upon a nihil dicit, unless he shall demur in law only, in which case the bench shall determine the cause thereupon.

The whole record of the several acts, grants and orders of this Assembly, as they stand in the pages of this book next preced-ing, was read in the presence of both Houses, and ordered to be signed by the Secretary as perfect and compleat.

Caleb Stanly Sextury,

May 20th, 1709, This Assembly is adjourn'd until the Governour or Deputy Governour shall see eause to call them to meet again.

CONNECTICUT

COLONY.

AT A GENERAL ASSEMBLY CALLED BY SPECIAL ORDER OF THE HONOURABLE THE GOVERNOUR AND COUNCIL, AND HOLDEN AT NEWHAVEN ON THE 8TH DAY OF JUNE, IN THE EIGHTH YEAR OF THE REIGN OF OUR SOVEREIGN LADY ANNE, QUEEN OF GREAT BRITTAIN, &C. ANNOQUE DOMINI 1709, AND CONTINUED BY SEVERAL ADJOURNMENTS TO THE 11TH DAY OF THE SAME MONTH.

Present at this Assembly were,

The Honourable Gurdon Saltonstall, Esqr, Governour. The Honourable Nathan Gold, Esq', Deputy Governour. Assistants,

John Hamlin, Esq',
William Pitkin, Esq',

John Chester, Esq',
Joseph Curtis, Esq',
Josiah Rossetter, Esq',

Richard Christophers, Esq',
Peter Burr, Esq',

John Alling, Esqr.

Samuell Eells, Esq.

Deputies or Representatives that were present and attended at this Assembly were as hereafter followeth: viz.

[74] Mr. Joseph Talcott, Mr. Nathanael Hooker, for Hartford. Mr. Jeremiah Osborn, Mr. Abraham Bradley, for Newhaven. Capt. John Osbourn, Mr. James Bennit, for Fairfield.

Mr. Jonathan Law, for Milford.

Capt. Robert Wells, Capt. Thomas Wells, for Wethersfield. Mr. Thomas Gates, for Haddam.

Mr. William Maltbie, Capt. Nathanael Harrison, for Branford. Mr. John Hooker, for Farmington.

Mr. William Lathan, for Groton.

Mr. James Beebee, Mr. Josiah Starr, for Danbury.
Mr. John Russell, Mr. Daniel Collins, for East-haven.
Mr. Joseph Peck, for Lyme.

Mr. Joseph Phelps, for Simsbury.

Mr. Thomas Williams, for Plainfield.

Mr. Joseph Beckus, for Norwich.
Mr. Samuell Brinsmead, for Derby.

Capt. John Parks, for Preston.

Mr. John Griswold, for Killingworth.

Mr. Joseph Knap, Mr. Joseph Finch, for Greenwich.
Mr. William Gallop, for Stoningtown.

Mr. Samuell Hale, for Glassenbury.

Mr. William Parker, Mr. Benjamin Lord, for Saybrook.

Mr. John Sherman, Capt. John Minor, for Woodbury.
Mr. Samuell Keelar, for Norwalk.

Mr. Timothy Stanly, Mr. Thomas Judd, for Waterbury.
Capt. Nathanael White, Capt. John Hall, for Middletown.
Mr. Joshua Ripley, Mr. Jonathan Crane, for Windham.
Mr. Michael Tainter, Mr. Samuel Loomis, for Colchester.
Capt. William Clark, Capt. Jeremiah Fitch, for Lebanon.
Capt. Thomas Yale, Capt. John Merriman, for Wallingford.
Mr. John Eliot, Major Mathew Allyn, for Windsor.
Mr. James Hooker, Mr. John Seward, for Guilford.
Mr. Stephen Bishop, for Stanford.

Capt. James Judson, Mr. Ephraim Stiles, for Stratford.

Of these Deputies there were absent, Major Mathew Allyn, 3 days; Mr. Timothy Stanly, Win Gallop, Wm Parker, Stephen Bishop, Tho. Williams, William Lathan, Jno Griswold, Josiah Starr, James Beebee, John Parks, Joseph Knap, and Joseph Finch, each of them one day.

John Eliot, Esq', was Speaker, of the House of RepresentMr. Jonathan Law, Clerk,

atives.

By order of the Honb the Governour, the Gent: members of both Houses being met together, his Honour laid before them an account of what he had lately agreed to and done at New York, (from whence he is just returned,) on the behalf of this Colony, with the Lieutenant Governours of New York, New Jersey and Pensilvania, relating to the expedition against Canada; and also of what hath been and is consented and agreed to by himself and the said Governours, for the carrying on of that expedition; and likewise of what is now further thought necessary to be done by this Assembly, for the better management of the same; and recommended the consideration thereof to this Assembly.

Whereas the Honbl our Governour has laid before this Assembly the general settlements of affairs relating to the expedition against Canada, by way of Albany, which his Hon in conjunction with the Honb! Richard Ingoldsby, Esq', Lieutenant Governour of the Provinces of New York and New Jersey, and the Honb Charles Gookin, Esqr, Lieut. Governour of the Province of Pensilvania, lately agreed upon at New York: This Assembly doth approve of the said settlement, and desire his Hon the Governour by letter to signifie their approbation thereof to the Honbl Collo Francis Nicholson and Collo Peter Schuyler, Esqrs, and particularly of the respective commands that they each of them in the said settlement are intrusted with in said expedition.

Richard Christophers of New London, Esqr, John Alling of

Newhaven, Esqr, John Eliot, of Windsor, Esqr, and Mr. Elisha Holly, of Stanford, are by this Assembly chosen and appointed to audit the Colonys accompts with the Treasurer.

[75] This Assembly do establish and confirm Mr. Joseph Peck to be Lieutenant, and Mr. Samuel Gunn to be Ensign of the second company or trainband in the town of Milford.

This Assembly do establish and confirm Theophilus Hull to be Lieutenant, and Samuell Couch to be Ensign of the west company or trainband in the town of Fairfield.

Upon consideration of the petition of John Edwards of Boston, mariner, (son of Capt. Thomas Edwards, late of Stratford, deceased,) now presented to this Assembly, praying that the power and liberty granted by this Assembly in October last to Mary Edwards, administratrix on the estate of the said Thomas Edwards, deceased, to sell the real estate of the said deceased, or part thereof, for the payment of his debts, (for sundry reasons contained in his said petition,) may be suspended and superceded until he might have opportunity to make appear that the said real estate ought not to be sold: It is ordered by this Assembly, that the sale of the said houseing and land by the said administratrix shall be suspended, and it is hereby suspended until the General Assembly in October next, when the reasons of the said petitioner against the sale of the said land shall be heard, the said administratrix being notified to be present if she shall see cause, and such further order therein taken as the General Assembly shall see meet.

This Assembly orders, that a small sloop be provided at the Colonys charge, to go with the fleet to Canada, to be an hospital for our sick and wounded men, and for other services.

This Assembly allows and grants, that there shall be paid out of the next rate, for the stores impressed, or that may be impressed, for the expedition against Canada, three pounds per barrel for pork, (being well repackt,) as money; and four shillings and six pence per bushel for wheat, as money; and two shillings and three pence per bushel for Indian corn, as money.

An Act for the stating of the Fees of the Officers in the several Ports of this Colony, and for repealing two former Acts of this Assembly relating thereto, and for obliging all Masters of Vessels to make Oath at their entring of their vessels in the Naval Office.

It is ordered and enacted by the Governour, Council and Representatives, in General Court assembled, and by the authority of the same, That all collectors, deputy collectors, and naval

officers, appointed in the several ports within this Colony, shall have for entring and clearing vessels, and other things, the fees hereafter mentioned and set down, in money, and no other, that is to say,

For entring coasting vessels, each,
For clearing coasting vessels, each,

For entring ships or other vessels from foreign parts,
each,

l. s. d. 016

016

026

For clearing ships or other vessels for foreign parts, each,

026

020

040

016

020

006

For taking bond of coasting vessels,

For taking bond of vessels bound to foreign parts,
For every certificate for coasting vessels to take up a
bond,

For every certificate to take up bond given in foreign
parts,

And be it further enacted by the authority aforesaid, That what collector, deputy collector, or naval officer soever, within this Colony, shall ask, demand and take any greater fees than are before mentioned, for the matters aforesaid, or any of them, [76] or any other fees whatsoever, and be thereof || duly convicted in any court of record within this Colony, shall forfeit and pay the sum of ten pounds currant money, one moiety whereof shall be unto the publick treasury of this Colony, and the other moiety to the informer or him that shall sue for the same in any court of record; and shall further pay unto the party grieved, double the value of the excessive fees so taken.

And be it enacted and ordained by the authority aforesaid, That one act of the General Assembly of this Colony, made and passed at a session at Newhaven, October 8th, 1702, for stating naval officers fees, and one other act of this Assembly made and passed at the session at Hartford, May 12th, 1709, for stating the fees of collectors and naval officers, be and are hereby wholly repealed and made null and void.

And it is further enacted by the authority aforesaid, That all masters of vessels trading into any parts or port in this Colony, shall at the port where they enter their said vessels take before the naval officer there the following oath, (who is hereby impowred to administer the same,) that is to say,-You A. B. master of the sloop H. swear by the living God, that you will now give me a true account and make entry of all wine, rum and brandy imported in your vessel, So help you God.