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publick payments at the advance of twelve pence on the pound more.

And be it further enacted and declared by the authority aforesaid, That as a fund and security for the repayment and drawing in of the said bills to the treasury again, and for defraying any further charge of the Colony, this Court grants a rate of ten pence on the pound in money; one moiety thereof to be levyed according to the next list of heads and estates, and shall be paid into the treasurer on or before the first day of May in the year of our Lord God one thousand seven hundred and ten; and the other half to be levyed according to the list of heads and estates to be made in the year 1710, and to be paid into the treasurer on or before the first day of May in the year of our Lord one thousand seven hundred and eleven. And liberty is granted for any person to pay his rate either in bills of credit, silver money, or in pork at fifty shillings per barrel, or beef at thirty shillings per barrel, winter wheat at four shillings per bushel, rye at two shillings four pence per bushel, and Indian corn at two shillings per bushel ; the grain to be all good and merchantable, and the pork and beef to be good and well repackt, with the packers mark thereon; and no person • shall have liberty to pay above two thirds of his rate in rye and Indian corn.

And it is further provided and enacted by this Court and the authority thereof, That no person to whom the Colony is or shall be indebted shall be obliged to receive out of the treasury any grain or other provision but what is good and merchantable; and if any dispute shall at any time arise about the merchantableness of the grain or other provision tendred to the constables or receivers of the rate, or that happens to be damnified after it is received, it shall be determined by the judgment of one indifferent person under oath, to be appointed and sworn by the next assistant or justice of the peace.

And Major John Chester, Mr. John Haines, Mr. Caleb Stanly, Secretary, Mr. John Eliot, and Mr. Joseph Talcott, are by this Assembly appointed a committee, they or any three of them, to sign the said bills of credit which are to be emitted as aforesaid, and to take care of the same.

This Assembly doth grant and allow to the gentlemen who shall be employed chaplins for the army on the expedition against Canada, captains wages, for their service therein.

This Assembly doth desire that the officers and souldiers going on the expedition to Canada, out of this Colony, do make choice of the chirurgeon that is yet wanting, and that the honbl the Governour do give order for his attending the service.

Major John Chester is by this Assembly appointed to be a member of the Committee of War, appointed in the county of Hartford in October last. [78] This Assembly doth allow twelve shillings to the Speaker, and eight shillings to the Clerk, for their service in the House of Representatives at this present session.

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

CALEB STANLY, Secry. June 11th, 1709. This Assembly is adjourn'd until the Governour or Deputy Governour shall see cause to call them to meet again.

CONNECTICUT )

COLONY. A GENERAL ASSEMBLY HOLDEN AT NEW HAVEN, IN HER MAJES

TIES COLONY OF CONNECTICUT, IN NEW ENGLAND, ON ThursDAY, THE 13TH DAY OF OCTOBER, IN THE EIGHTH YEAR OF THE REIGN OF OUR SOVEREIGN LADY ANNE, QUEEN OF GREAT BRIT. TAIN, &c., Anno Dom., 1709.

Present at this Assembly,
The Honourable Nathan Gold, Esq”, Deputy Governour.

Assistants,
Nathanael Stanly, Esqr, Daniell Wetherell, Esqr,
John Hamlin, Esq', Peter Burr, Esq,
Joseph Curtis, Esq", Josiah Rossetter, Esqr,
John Chester, Esq", John Haynes, Esq',

John Alling, Esq. Samuell Eells, Esq",
Deputies or Representatives that were present and attended at

this Assembly were as hereafter followeth, viz: Capt. Joseph Talcott, Mr. Nathanael Hooker, for Hartford. Mr. John Todd, Mr. John Bassett, for Newhaven. Mr. James Rogers, Mr. Joshua Hempstead, for New London. Mr. Theophilus Hull, Mr. David Shermon, for Fairfield. Mr. Samuell Avery, Mr. Joshua Bill, for Groton. Mr. James Wells, Mr. Thomas Gates, for Haddam. Mr. Miles Murwine, Mr. Joseph Garnsey, for Milford. Mr. John Mitchell, for Woodbury.

Capt. Abraham Fowler, Mr. John Collins, for Guilford.
· Mr. Timothy Stanly, Mr. John Hopkins, for Waterbury.
Mr. Ephraim Minor, for Stoningtown. ..
Mr. John Hawley, Mr. Daniell Pickett, for Stratford.
Capt. John Higley, Mr. Joseph Phelps, for Simsbury.
Mr. Abraham Brounson, Mr. John Lee, for Lyme.
Mr. John Moore, Mr. Roger Woolcott, for Windsor.
Mr. Samuell Hale, Mr. Thomas Kimberly, for Glassenbury.
Mr. Nathanael Lynde, Major John Clarke, for Saybrook.
Mr. John Sprague, Mr. Joseph Bradford, for Lebanon.
Mr. William Maltbie, Capt. Nathanael Harrison, for Branford.
Mr. Joshua Ripley, Mr. Joseph Cary, for Windham.
Capt. Nathanael White, Capt. John Hall, for Middletown.
[79] Mr. John Riggs, for Derby.
Mr. Stephen Bishop, Mr. Elisha Holly, for Stamford.
Mr. Joseph Wright, for Colchester.
Mr. James Beebee, Mr. Wakefield Dibble, for Danbury.
Mr. Solomon Tracy, Mr. Joseph Beckus, for Norwich.
Mr. Daniell Brewster, for Preston.
Mr. Samuell Keelar, Mr. Joseph Platt, for Norwalk.
Capt. Thomas Yale, Capt. John Merriman, for Wallingford.
Mr. Ebenezer Mead, for Greenwich.
Mr. Thomas Williams, for Plainfield.
Capt. Thomas Hart, Mr. John Hooker, for Farmington.
Mr. Robert Lane, Capt. John Crane, for Killingworth.
Capt. Robert Wells, Mr. William Warner, for Wethersfield.
Mr. John Russell, for East-haven.

Capt. Thomas Hart, Speaker, 1 of the House of RepreMr. John Hooker, Clerk, I sentatives. An account of several of these deputies being absent from this Assembly some days, is entred at the end of the record of this session.

The gentlemen nominated by the votes of the freemen, (brought in, at this Assembly,) to stand for Election in May next, are as followeth, viz:

The Honourable Gurdon Saltonstall, Esqr, the Honourable Nathan Gold, Esqr, Daniell Wetherell, Esqi, Nathanael Stanly, Esq", John Hamlin, Esqr, William Pitkin, Esq", Joseph Curtis, Esqr, John Chester, Esqr, Josiah Rossetter, Esqr, Richard Christophers, Esq', Peter Burr, Esqr, John Alling, Esq", John Haynes, Esqr, Samuell Eells, Esq", Lt. Collo Mathew Allyn, Capt. Abraham Fowler, Mr. John Eliot, Mr. John Hooker, Capt. Joseph Talcott, Mr. Richard Lord.

83.

The sums of the Lists of the Persons and Estates of the several towns within this Colony, exhibited in this Court, by their Deputies respectively, are as followeth, viz: 3 Males.

la S. Males. Hartford, 18176 14, 230. Hebron, 521 0, . Newhaven, 17055 4, 21;0. Derby, 2856 16, 49. New London, 10288 3, 188. Lebanon, 5311 16, Fairfield, 16708 16, . Saybrook, 7861 15, Windsor, 13406 4, 297. Easthaven, 2567 0, 40. Wethersfield, 15013 0, 240. Stanford, 8244 16, 110. Farmington, 7879 18, . Norwich, 10070 8, 155. Middleton, 9363 4, 190. Groton, 6499 16, 105. Simsbury, 4093 17, 55. Greenwich, 4791 0, 64. Haddam West, 2588 18, 54. Norwalk, 8383 15, 100. Haddam East, 3001 4, 60. Lyme,

6911 2, Windham, 3474. 7, Danbury, 3018 7, Colchester, 3545 0, Killingworth, 3875 19, Glassenbury, 3149 10,

Plainfield,

2021 0, Waterbury, 2119 10, 43. Stoningtown, 8496 13, Milford, 13462 0, 170. Preston, 4218 10, Branford, 6510 13, 80. Woodbury, 3598 0, 79. Guilford, 11112 16, 170. Canterbury, 1619 10, Wallingford, 8445 0, 122. Stratford, 13671 10, Durham, 1918 0, 47. Kellingley, 739 0, Mansfield, 1689 0, 37. Mashamugett, 9200, .

This Assembly do establish and confirm Mr. John Coe to be Captain, Mr. Jerremiah Judson to be Lieutenant, and Mr. Josiah Curtis to be Ensign of the southermost, or first company, or trainband, in the town of Stratford.

This Assembly do establish and confirm Mr. John Hawly to be Captain, Mr. Ebenezer Curtis to be Lieutenant, and Mr. James Lewis to be Ensign of the northermost, or second company, or trainband, in the town of Stratford. [80] This Assembly do establish and confirm Mr. John Howd to be Ensign of the company or trainband in the town of Branford.

This Assembly do establish and confirm Mr. Elnathan Minor to be Ensign of the first company or trainband in the town of Stoningtown.

This Assembly do establish and confirm Mr. Theophilus Hull to be Captain, Mr. Samuel Couch to be Lieutenant, and Mr. Jolin Osbourn to be Ensign of the westermost company, or trainband in the town of Fairfield.

bar: Richard Hubbe Mr. Samuel Hubconfirm Mr. David

This Assembly do establish and confirm Mr. Samuel Parsons to be Lieutenant, and Mr. Samuell Fairchilde to be En- . sign of the company or trainband in the town of Durham.

This Assembly do establish and confirm Mr. John Grave to be Lieutenant of the first company or trainband in the town of Guilford.

This Assembly do establish and confirm Mr. David Sherman to be Captain, Mr. Samuel Hubbell to be Lieutenant, and Mr. Richard Hubbell to be Ensign of the company or trainband in the village of Stratfield.

This Assembly do establish and confirm Mr. John Merriman to be Captain, Mr. John Hall to be Lieutenant, and Mr. Samuel Royce to be Ensign of the company or trainband in the town of Wallingford.

This Assembly do establish and confirm Mr. Thomas Gates to be Captain of the company, or trainband, on the east side of Connecticut River in the town of Haddam.

Upon consideration of the petition of Hannah Tompson of the City and Province of New York, presented to this Assembly (by Phillip Lewis, her attorney,) praying that an action of debt late depending in the court of assistants, held at Newhaven, the 4th day of this instant month of October, between the petitioner and John Wheelar and Hannah his wife, and David Sherman of Stratfield, administrators on the estate of Samuel Wheelar, late of Stratfield, deceased, and there dismissed by the judgment of that court, declaring the said petitioner (then plaintiff) to be nonsuited, may be revived, and heard and tryed at the court of assistants to be holden at Hartford in May next; and that no execution may be issued forth upon the said judgment until that time; and that a determination may be made by the said court in May next, who shall pay all the charges of the said suit or action, according as the said debt shall be found due or not: and this Court having heard the pleas of the said parties, upon the said petition, do order, enact, and declare, that the said action is, and shall be revived, heard, tryed and issued, at the said court of assistants to be holden at Hartford in May next, accordingly; and that the said John Wheelar shall recover of the said petitioner the cost of his attendance at this Assembly, which is allowed to be eleven shillings in pay; and that execution at the suit of the said John Wheelar shall be granted accordingly, against the said Phillip Lewis, attorney aforesaid.

Upon consideration of the petition of Miles Murwine of Milford, relating to an action of slander, late depending and

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