matters thereof, before this Assembly in October next, they attending the direction of the laws therein. And this Assembly do order and enact, that the clerk of the said court of assistants shall not grant or issue forth execution upon the judgment given upon the said action at the said court, until after the session of the Assembly in October next; provided they, the said Joseph Kerby and Clark, or one of them, shall give sufficient bond before this Court to prosecute their said complaint, and answer all damages that shall be recovered against [104] them by the said John Sage. And the said Joseph Kerby, and Lieut. John Stanly of Farmington, before this Court acknowledged themselves to stand joyntly and severally bound to the treasury of this Colony, in a recognizance of twenty pounds lawfull money; the condition whereof is, that he the said Joseph Kerby and the said Daniell Clark shall prosecute their said complaint to effect, and answer all damages to the said John Sage, in case they make not their plea good.

It is resolved by this Assembly, That whatsoever masters do enter and clear their vessels with the naval officers in any of the ports within this Colony, have free liberty to sail directly from such port where they shall so enter and clear, to any port in Great Brittain, or in her Majesties Plantations, without being obliged to enter or clear their said vessels in any other port within this Colony.

It is resolved by this Assembly, That the libels filed by John Shackmaple, Esq', against Daniell Blinn, master of the sloop Sarah and Mary, seized about the 14th of November last, and against Jonah Gross, master of the sloop Diamond, alias Tryall, seized about the 16th of said November, in a court said to be held by Roger Mompesson, Esqr, as judge of the admiralty in this Colony, on the 3d of April last, ought to have been filed in some one of her Majesties courts of common pleas in this Colony, (there being express provision made in the laws of this Colony for a speedy tryal to be had in such cases.) This Assembly do therefore order, that the Secretary of this her Majesties Colony, do forthwith transmit a copy of this resolve to the said Roger Mompesson, Esq', and John Shackmaple, Esq, that all further proceedings in the said cases may be stayed in the said court held by said Roger Mompesson, and the said libels brought in one of the said courts of common pleas, according to the law in such case provided.-Memorandum. The Secretary sent the same accordingly, May 22d, 1710.

This Assembly do establish and confirm Mr. James Steele to be Captain, Mr. Benjamin Woolcott to be Lieutenant, Mr. Stephen Willard to be Cornet, and Mr. Samuell Strong to be Quarter-master, of the Troop in the county of Hartford.

Whereas Hannah Brown, sometime Hannah Williams, widow, relict of Augustine Williams late of Killinsworth, deceased, and administratrix on his estate, in her life time did sell and dispose of some part of the moveables of that estate, which were intended for the portion of Daniell and Mathew Williams, two of the sons of the said deceased, for the purchasing of lands for their use, and did accordingly purchase and buy four acres of land on the great hammock in Killinsworth, and certain two thousand acres right of lands in Hebron, and took deeds thereof in her own name and right, but neglected in her life time to convey and make over the same to her said sons Daniell and Mathew: And whereas the said Daniell Williams and Capt. John Crane, administrators on the estate left by Mr. John Brown and the said Hannah Brown, deceased, have now petitioned to this Assembly, that some person or persons may be authorized and impowred to make over and convey the said lands to them the said Daniell and Mathew for their own use, according to the intent of their said mother: This Assembly do now therefore authorize, appoint, and fully impower the said Capt. John Crane of Killinsworth, administrator aforesaid, to make and execute sufficient deeds and conveyances of the aforementioned lands, equally unto the said Daniell Williams and Mathew Williams, and to their heirs forever.

This Assembly having now heard and considered the petition of John Edgcomb of New London, and Elizabeth his wife, presented to this Assembly, referring to an action late depending and tryed at the court of assistants, between Joshua Hempstead and Samuel Fish, and praying this Assembly to grant another tryal therein, or else to hear and receive their accompts of administration on the estate of Joshua Hempstead, deceased, and of their great charge in keeping one of his children: This [105] Assembly || do not see cause to grant to the said petitioner either of the matters petitioned for, but do adjudge him to pay to Joshua Hempstead of New London, the sum of twenty six shillings and ten pence lawfull money, for his cost of attendance at this Assembly, upon the said petition, and that execution shall be granted for the same accordingly.

This Assembly do order and appoint Mr. Richard Lord and Mr. Nathanael Hooker for and within the county of Hartford, and John Alling, Esqr, and Mr. Abraham Bradly for and with

in the county of Newhaven, and Richard Christophers, Esq', and Mr. Jonathan Prentts for and within the county of New London, and Peter Burr, Esqr, and Mr. Moses Dymond for and within the county of Fairfield, to take care of all arms, utensils, cloathing, and other things that were, are, or may be lodged in their respective counties, by any of our souldiers on the late expedition to the Wood Creek, or other persons, which the Colony have paid for; and to sell and dispose of the same arms and other things for the best profit and advantage of this Colony, and to lay an account thereof before this Assembly in October next.

It is ordered and enacted by this Assembly, That there shall not be allowed and paid out of the publick treasury of this Colony, to any of the souldiers who went out of this Colony the last summer, on the expedition to the Wood Creek, and came home sick, or were taken sick with the camp disease soon after they came home, any more for their tendance and subsistence then ten shillings per week, as money, and that only for and during the time of their sickness.

This Assembly grants full power to Thomas Burd of Farmingtown, administrator on the estate of his brother, James Burd late of Farmington, deceased, to make and execute deeds of exchange unto John Judd and Daniell Judd, (sons of Serjeant William Judd, deceased,) of said Farmington, for the land. the said James Burd, deceased, agreed to exchange and make over unto the said John and Daniell Judd, and put them into possession thereof, and also to take a deed or deeds of exchange from the said John and Daniell Judd, for the land they agreed to exchange and make over unto the said James Burd, and whereof he dyed seized, for full confirmation of the said exchange.

This Assembly grants full power to Samuell Bancraft of Windsor and Joanna Bancraft his wife, (late Joanna Allyn, widow,) administratrix on the estate of Thomas Allyn late of Windsor, deceased, to make sale of all that part of a certain grist mill and the land thereunto adjoyning and belonging, lying in Windsor aforesaid, which did late belong to the said Thomas Allyn, deceased, and whereof he dyed seized, and the produce thereof to dispose for the payment of the debts due from the said estate, to the creditors thereof, and also to make and execute sufficient deeds and conveyances of the same. And this Assembly do order that the said Samuell and Joanna Bancraft do render and give an accompt of their disposal of the produce, upon their sale of the said mill, to the court of

probate in the county of Hartford, from time to time as by them shall be required.

Upon consideration of the petition of William Johnson of Canterbury, now presented to this Assembly by Major James Fitch, his attorney, relating to an action late depending in the court of assistants between the said James Fitch and Solomon Tracy, and praying that the said action may be revived, or else that this Assembly would hear and issue the same themselves, &c. This Assembly do not see cause to grant to the said petitioner either or any of the matters petitioned for, but do adjudge him to pay to the said Solomon Tracy the sum of twenty two shillings and eight pence lawfull money, for his cost [106] of attendance at this Assembly upon the said petition, and that execution shall be granted for the same accordingly. Execution was granted June 2d, 1710.

An Act relating to Sureties upon Mean Process in Civil Actions.

Be it enacted by the Governour, Council and Representatives, in General Court assembled, and by the authority of the same, and it is ordered and enacted, That where bail is given upon mean process in any civil action, not only for the appearance of the party to answer the suit, but also to abide the order or judgment of the court, that shall be given thereon, every such surety or sureties shall be obliged to satisfie the judgment in case of the principal's avoidance, and the return of non est inventus upon the execution; unless the surety at the time of entring up final judgment, do bring the principal into court, and move to be discharged, upon which the court shall order the keeper of the prison to receive him into custody, that so his body may be taken in execution. And the party for whom the judgment was given may have a writ of scire facias out of the same court against such surety or sureties; and in case no just cause be shewn to the contrary, the judgment shall be affirmed against the surety or sureties, with the additional costs of suit, and execution be accordingly granted. Always provided, that such writ of scire facias be taken out and served upon the surety within twelve months after the said final judgment, and not afterwards; and every surety of whom such recovery is made, may bring his action for damages against the principal debtor.

Whereas the General Assembly of this Colony, held at Hartford, May 11th, 1683, did appoint Mr. Nathanael Stanly, Mr. James Steele, and Mr. Cyprian Nickols, or any two of them, to lay to Simsbury their bounds according to the grant of this Court; and the said committee pursuant to the said order and

appointment, sometime in or about the year 1687, entred upon and begun the said work, and surveyed the eastern line or boundary of the said town of Simsbury, and from the north east corner thereof run one mile and an half of the northern boundary, and then left off: This Assembly do now allow and approve the said lines so surveyed and run, and order that their report thereof be recorded with the publick records of this Colony. And this Assembly do order and appoint Mathew Allyn, Esq', Lieut. Daniel Hayden, and Benajah Holcomb, jun, of Windsor, or any two of them, to survey and run the rest of the northern line, and also the western line or boundary of the said town of Simsbury, and to make a report or return of their doings therein to this Assembly in May, 1711.

Whereas Ensign Solomon Andrews petitioned this Assembly to reverse a judgment obtained against him by David Forbs, at the court of assistants holden at Newhaven, on the first Tuesday in October, 1709, to the sum of forty one pounds nineteen shillings and four pence lawfull money of this Colony, for debt, and four pounds and twelve shillings like money, costs of suit: This Court upon hearing and consideration of the pleas and allegations of both parties do order, that the said Solomon Andrews shall pay to David Forbs, the sum of five pounds eight shillings and two pence lawfull money, and make and execute releases to said David Forbs according to the award, more ample than that on file in this Court, if said Forbs shall demand the same; and that said Forbs shall recover costs of waiting at this Assembly; and this to be done on said David Forbs his giving him releases according to the award; and upon said Andrews his paying and tendering re[107] leases as above, the title to the land acquired by || execution on the said judgment, from said Solomon Andrews to the said David Forbs, shall be forever void, and the said Solomon Andrews shall hold the said land to him and his heirs forever, as if no execution had been levyed thereon. Costs allowed to the said David Forbs for his waiting at this Assembly is twenty and two shillings lawfull money.

It is resolved by this Assembly, That by way of condolence, two trucking cloth coats be given to the next relations of each of those four Indians that were slain the last year in the service of this government against the enemy, and that Coll Whiting take care that four of the said coats be distributed to the relations of those two of the Indians so slain that lived upon this river, viz: Mattawamp and Young Jorup.

This Assembly remembering the great and good services done for this Colony by the antient and honourable Collo Robert