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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,
Mr. John Hooker, Clerk,

of the House of Representatives.

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, Esqr, Nathanael Stanly, Esqr, John Hamlin, Esqr, William Pitkin, Esq', Joseph Curtis, Esqr, John Chester, Esq', Josiah Rossetter, Esqr, Richard Christophers, Esq', Peter Burr, Esqr, John Alling, Esq', John Haynes, Esqr, Samuell Eells, Esqr, Lt. Collo Mathew Allyn, Capt. Abraham Fowler, Mr. John Eliot, Mr. John Hooker, Capt. Joseph Talcott, Mr. Richard Lord.

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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:

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18176 14, 230.

Newhaven, 17055 4, 260.
New London, 10288 3, 188.
Fairfield, 16708 16,

Windsor, 13406 4, 297.
Wethersfield, 15013 0, 240.
Farmington, 7879 18,

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Middleton, 9363 4, 190.

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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. John Osbourn to be Ensign of the westermost company, or trainband in the town of Fairfield.

This Assembly do establish and confirm Mr. Samuel Parsons to be Lieutenant, and Mr. Samuell Fairchilde to be Ensign 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

last tryed at the court of assistants held at Hartford in May last past, between Major Samuel Eells and the said Miles Murwine, praying that this Assembly would either make null and void all former proceedings upon the said action, or else grant liberty of one more tryal of the said action before the court of assistants and this Assembly having heard the pleas of both the said parties, do not see cause to grant to the petitioner either of the matters petitioned for, but do adjudge the said Miles Murwine to pay to the [said] Samuel Eells the cost of his attendance at this Assembly, upon the said petition, which is allowed to be eight shillings and four pence in pay; and that execution shall be granted for the same accordingly.

Upon consideration of the petition of Joseph Beckus of Norwich, relating to the late prosecution of Benjamin Armstrong, junior, of said Norwich, at the county court held at New London in June last past, as a delinquent, for lying, [81] praying this Assembly || to order that some estate taken from the petitioner by virtue of an execution issued out of the said county court, for charges there recovered by said Armstrong against the said Backus, may, by the order of this Court, be returned to him again;-and this Assembly, having heard the pleas of both the said parties, and finding that the law intends that either the supposed delinquent, or else the county, shall bear and pay the cost of such prosecution, are of opinion that none of the said costs should have been awarded against the said Beckus, being only an informer in the case. This Assembly do therefore determine and order, that the said Benjamin Armstrong shall procure, return and deliver to the said Joseph Backus the said estate taken in execution as aforesaid; or that in lieu thereof, he shall pay to the said Backus the sum of three pounds and nine shillings in country pay; and that execution shall be granted accordingly. Execution was granted November 4th, 1709.

James Rogers, jun', (son of James Rogers) of New London, presented a petition to this Assembly, wherein he complains, that whereas by the last will of his grandfather, James Rogers, formerly of New London, deceased, or by an agreement made by and amongst his children, two of them, viz., John Rogers and Bathshua Fox, were ordered to administer on the estate of the said deceased, (wherein the said petitioner, as he saith, hath a considerable interest,) the said John Rogers and Bathshua Foxx have not administred thereon according to the order of law, and have not ever yet made and exhibited in the court of probate in the county of New London, and recorded

there, any inventory of the said estate, but do dispose thereof at their will and pleasure, without giving any account of the same:-Upon consideration of which petition, this Assembly do enact and order, that the court of probate in the said county of New London, upon application to them made by the petitioner on that behalf, shall issue forth a writ to summon the said John Rogers and Bathshua Foxx, to appear before that court, and render an account of the said estate, in, and by a true inventory thereof upon oath, and of their administration thereon; and that in case the said John and Bathshua shall not appear according to such writ, or shall refuse to render and make an accompt, and an inventory as aforesaid, then the said court of probate shall grant letters of administration upon the said estate with the said will and agreement annext, unto the petitioner, or to such other person or persons as they may think meet, taking bond as the law requires in such case; to the end that a just division may be thereof made, amongst the children of the said deceased and their legal representatives. And this Assembly have considered that the said James Rogers, the petitioner, shall recover of and from the said John Rogers and Bathshua Fox, the sum of forty seven shillings and two pence currant money, for the cost of his said petition and prosecuting the same. Execution was granted on this judgment, May 5th, 1710.

This Assembly do order and appoint William Pitkin, John Haynes, and Joseph Talcott, Esqrs, or any two of them, with Mr. Caleb Stanly, surveyor of lands in and for the county of Hartford, a committee to survey and run the northern line or boundary of the town of Windsor, as it ought to be run and surveyed according to the true intent and meaning of the grants of the General Assembly of this Colony, formerly made to the inhabitants of that town, by their best direction; and to make or cause to be made monuments or bound marks therein, according to the direction of law, that the same may be visible and known. And this Assembly do also order, that the said committee do make a report of what they shall do therein, with the manner of their proceedings, unto this Assembly in May next; and that the said work be done at the proper cost and charge of the inhabitants of the said town of Windsor.

[82] This Assembly do establish and confirm Mr. Joseph Bishop to be Lieutenant of the company or trainband in the town of Stamford.

It is ordered and enacted by this Assembly, That all the sev eral collectors, naval officers and receivers whatsoever, of the

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