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ing, commissary, to take care of the stores belonging to this Colony that yet remain.

This Assembly grants liberty and full power to Enock Drake of Windsor, administrator on the estate of John Hail, late of said Windsor, carpenter, deceased, to sell the lands belonging to the said estate, or so much of them as may be necessary to produce effects sufficient to pay the debts of the said deceased, with the direction and allowance of the court of probate in the county of Hartford.

Whereas in an action of trespass commenced by James Rogers, (son of Joseph Rogers, deceased,) contra James Rogers, (son of James Rogers,) both of New London, now depending by review at the court of assistants to be holden in Hartford in May next, it hath been made evident to this Assembly, that there is need of appointing a committee of two or more persons to make a view of the place where the said trespass was in the original writ laid to be done, to return upon oath what they find concerning the same:-It is therefore enacted by the Governour, Council and Representatives, in General Court assembled, and by the authority of the same, that a committee for the service aforesaid, at the charge of the said James Rogers, son of James Rogers, be appointed by the judge of the county court in the county of New London, and that the report of the said committee to the said court of assistants, confirmed by their oath, shall be admitted in the said court of assistants, and accepted as full evidence to the said court, whether the place, where the trespass said to be committed in the original writ, be truly within the bounds of the land, as expressed in the said writ, on which the said trespass is said to be committed.

[86] An Act for stating and settling the Wages of divers Officers and Centinels in the Expedition against Canada this present year, 1709, and for ascertaining the Allowance for Billetting of Officers and Souldiers, for the service of Horses and pasturing them, and for Horses and other things Lost upon the said Expedition; and also requiring all Justices of the Peace to take care of Horses and other things returned from that Expedition; and relating to some Ineffective Men impressed for the same.

It is enacted and ordained by the Governour, Council and Representatives, in General Court assembled, and by the authority of the same, That there shall be allowed and paid out of the publick treasury of this Colony, to the several captains and other officers and private centinels hereafter mentioned, for their service in the expedition against Canada, under the

command of the Honourable Colo Francis Nicholson, Esq', in this present year, 1709, from the time of the date of their commissions, and where there is no commission, from the time of their being impressed or entred in the service, until they were or shall be dismissed from the same, the wages hereafter mentioned and to them respectively set, as money, that is to say,—

To each Captain, by the week,

To each Lieutenant, by the week,

To each Serjeant, by the week,

To Clerks, Trumpeters and Drummers, by the week,
each,

To Corporals and Centinels, by the week, each,
To Mr. Adjutant Goodrich, by the week,

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And it is ordered and enacted by the authority aforesaid, That there shall be allowed and paid to all such persons as have furnished the forces with horses in the said expedition, (to such a number as were allowed to each company by the Governour and Council,) for the service of their said horses, one shilling and four pence per week, as money, for each horse; and for each horse dead, or lost in the said service, the value of such horse as money according as shall be determined by the judgment of two indifferent men upon oath, who knew the worth or value of the horse, to be appointed and sworn by the next assistant or justice of the peace; and that there shall be allowed and paid to all such persons as have furnished the forces with arms, saddles, bridles, or any other tackling for horses, or other things whatsoever, for the use and service thereof, so much as is the value of the damage done to the same; and in case any such arms, furniture, or other things, is or shall be lost, wholly spoiled, or not returned, there shall be allowed and paid to the owners thereof the value of such arms, furniture, or other things, as money, to be set thereon according to the direction of an act of this Assembly made for that purpose, October 12th, 1704. Provided always, that the owners of such horses as are dead, or shall dye upon the said expedition, or be lost and not returned, shall be paid only the value of such horses, (to be determined and set as aforesaid,) and no wages or pay for their service.

And it is further enacted by the authority aforesaid, That there shall be allowed and paid to all such persons as have billetted or victualled any officers or souldiers upon the said expedition, and who shall so do, the sum of three pence per meal as money: but in such case, where any of the said officers

and souldiers were billetted or victualled one whole weeks time, or more, there shall be allowed and paid three shillings and four pence per week as money, and at that rate for the same, and no more; and that there shall be allowed and paid for pasturing or keeping horses upon the said expedition, three pence per night, or twenty four hours, for each horse; and where any such horse hath been, or shall be pastured or kept, one whole week or more, there shall be allowed and paid but eight pence per week as money, and at that rate, for the

same.

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And it is enacted and ordained by the authority aforesaid, [87] That her Majesties || justices of the peace, or for want, or in the absence of such, the captains, or other chief military commission officer in each town within this Colony, shall take effectual care of all horses, saddles, bridles, arms, and other things whatsoever, which have been improved in the service of the said expedition, and that are or shall be returned, and the owners thereof not known; and in case the owner or owners of such horses, saddles, bridles, arms, or other things, shall not appear and receive the same before the first day of December next ensuing, the said justices or commission officers shall sell all such horses and other things, (arms excepted,) for the best advantage of this Colony, by their discretion, and pay or cause to be paid the produce or effects thereof to the treasurer of this Colony, for the Col

onys use.

And whereas there was divers ineffective men impressed for the said expedition, and brought into the several county towns of this Colony, and after some time dismissed, who by order either of the commissary, or of the officers that imprest them, have had cloathing and goods upon the credit of the Colony,

It is ordered and enacted by the authority aforesaid, That there shall be allowed and paid out of the publick treasury of this Colony, to such souldiers for the time they were in that service, six shillings per week as money, and no more; and that in case any such souldier, by order as aforesaid, hath taken up more goods then his wages at the rate aforesaid shall amount unto, every such souldier shall pay for such goods of his own money, to the treasurer of this Colony; or upon his neglect or refusal, the next assistant or justice of the peace shall issue forth a warrant directed to the constable, to levy the same upon such souldier, his body, goods, or chattels, by distress, and pay it to the treasurer.

And it is farther enacted by the authority aforesaid, That the captains, or other chief officer, who only disciplin'd and took

care of the souldiers at the several county towns within this Colony, at the beginning of the said expedition, and did not march out of the Colony, shall be allowed and paid two shillings per day for their service therein, as money; and also that there shall be allowed and paid out of the publick treasury of this Colony to all captains and other military officers under them, who were imployed in the detaching or impressing souldiers for the said expedition, the same wages, (for the service of themselves and their horses therein,) as the law allows to constables for the like service.

An Act for making and emitting Bills of Publick Credit. Forasmuch as by reason of the great scarcity of money, the payment of the publick debts and charges of this government, arisen by the expedition against Canada this present year, is made almost impracticable: For remedy whereof,

Be it enacted by the Governour, Council and Representatives, in General Court assembled, and by the authority of the same, That there be forthwith imprinted a certain number of bills of credit on this Colony, in suitable sums from two shillings to five pounds, which in the whole shall amount to the sum of eleven thousand pounds, and no more; which bills shall be imprinted, indented, and stamped in the same manner and form, and of the same tenor and date, and signed by the same committee under oath, as the bills of credit were, emitted by the order or act of the General Assembly of this Colony, held at Newhaven, June 8th, 1709, with the direction of the Governour and Council thereupon. And the said committee are hereby impowred, with the advice of the Governour, to take care as soon as may be to imprint the said bills, to the value of eleven thousand pounds as aforesaid, and to sign and deliver the same to the Treasurer of this Colony, taking his receipt for them.

[88] And it is further enacted by the authority || aforesaid, That the said Treasurer be and hereby is ordered and impowred to issue forth and emit the said bills towards payment of the publick debts of the Colony already contracted, and the further necessary charge thereof, according to such order as shall from time to time be given him according to law. And the said bills shall pass out of the treasury at the value therein expressed, equivalent to money, and shall be taken and accepted in all 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 defray

ing any any further charge of the Colony, this Assembly grants a tax or rate of twelve thousand pounds as money, to be levyed on polls and all the ratable estate within this Colony, within the term of six years next ensuing the date of this act, and so much thereof in each of the said six years as this Assembly shall hereafter order and appoint. And liberty is hereby granted for any person to pay his rate or part of the said tax, either in bills of credit, silver money, or in pork at fifty shillings per barrel, 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 or part of the said tax in rye and Indian corn.

And it is further provided and enacted by the authority aforesaid, 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 tendered 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.

Whereas the General Assembly of this Colony, held at New Haven, June 8th, 1709, did order and enact, that there should be imprinted a number of bills of credit amounting to the sum of eight thousand pounds, and that the committee then appointed to sign the said bills should sign and deliver the sum of four thousand pounds thereof to the treasurer, and no more, until further order: This Assembly do now hereby order, that the said committee shall forthwith sign the other four thou sand pound of the said bills, and deliver them to the treasurer of this Colony, and take his receipt for the same according to the order of the said act.

To prevent all difficulty that may arise concerning the bills of credit of this Colony, and the price set on provisions, in the payment of the salaries of publick officers, wages of officers and souldiers, and other the debts of this Colony,

It is enacted and declared by the Governour, Council and Representatives, in General Court assembled, and by the authority of the same, That all salaries of publick officers, wages of officers and souldiers, wages of posts and other persons for

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