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saults of the enemy. And the constables, by warrant or order from the said Council of War, shall impress so many souldiers as they shall be directed, and what shall be necessary to furnish them for their expedition. And such souldier or souldiers so impressed that shall refuse to attend her Majesties service, shall be punished as the law directs in such case when the souldiers are impressed by a warrant from the major of the countie. The said Committee of War to appoint officers for the said souldiers, who are to be commissioned by the Governour.

Military Officers appointed in the towns of Farmington, Newlondon, and Stonington.

George Denison, gent., is by this Assembly appointed Captain of the trainband in Newlondon, that was formerly under the command of Capt. Daniel Wetherel, and to be commis[22] sioned accordingly. || Lt. John Hart is by this Assem- . bly appointed to be Captain of the trainband in the town of Farmington, and Ensign Samuel Wadsworth to be their Lieutenant, and Sam Newell to be their Ensign, and to be commissioned accordingly. Mr. Joseph Saxton is by this Assembly appointed to be Captain of the north company in Stonington, Ephraim Minor, Jun', to be their Lieutenant, and Ichabod Palmer, Ensign, and to be commissioned accordingly. And Maj. James Fitch is by this Assembly appointed to make an equal division of the souldiers in Stonington.

Act concerning the East Farmers in Gilford.

Whereas the town of Gilford, in the year 1703, in answer to a petition of their east farmers, did grant the said east farmers on the east side of the Neck river, libertie to be a societie by themselves, and to procure a minister among themselves, in case the General Court should approve and confirm the same, they paying their dues to the minister of Gilford until they had a minister among themselves, as doth appear by a vote of said town bearing date the sixt of April, in the year abovesaid. And whereas the said east farmers or societie have now laid before this Court the charge which they have been at, in building a meeting house and settling a minister among themselves, humbly praying this Court to confirm the bounds of their societie, and to grant them such privileges as this Court shall think fit. This Court having considered what hath been laid before them by those who represented said societie, as also by those that represented the town of Gilford, do see cause to order, that the farmers in Gilford, on the east side the Neck river, and bounded upon said river and

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neck westerly, upon the sea southerly, and upon Kilinsworth easterly, shall be a distinct societie by themselves, and shall have full power to make rates for the maintenance of their minister, building or repairing their meeting house from time to time, or any necessary charges arising about the same, as also to choose collectors for said rates, and a societie recorder or clerk for recording what may be necessary concerning the said societie, with libertie to said societie to imbody themselves in church estate, and to have the benefit of the school money within the bounds of the societie, provided they keep a school there. And the said societie is hereby freed. from paying any rate to the minister of Gilford, so long as they maintain an orthodox minister among themselves.

Upon the petition of Capt. Nathan Gold, Mr. Peter Burr, Capt. John Wakeman, John Edwards, Jonathan Sturgis, John Barlow, Gideon Allin, Samuel Wilson, Samuel Jinings, Moses Dimon, and Joseph Wakeman, all inhabitants of Fairfield, in behalf of themselves and their associates, for a certain tract of land to be for a township, lying north of and near to Danbury, bounded southerly upon Danbury, running thence northerly fourteen miles; bounding easterly upon Newmilford, westerly upon the colonie line: This Court grants to them the said petitioners and their associates, their heirs and assigns forever, the abovesaid tract of land for a township, provided it doth not prejudice any former grants; to be under such regulations for the settlement thereof and the number of inhabitants as this Court shall judge fit.

This Assembly doth appoint and impower Mr. Caleb Stanly, surveyor for Hartford countie, and Capt. John Prentis, surveyor, to survey and lay out to the heirs of Governour Hains the one thousand acres of land granted to him by the General Court, March the 27th, 1643; and to the heirs of Mr. Joseph [23] Hains the three hundred acres of land granted || to him by the General Assembly, May the 15th, 1662; and to Mr. Timothie Woodbridge his grant of two hundred acres, granted to him by the General Assembly, October the 13th, 1687, where the said several grants may be surveyed and laid out to the abovesaid persons without prejudice to former grants to any particular person or plantation. The work to be done at the charge of the said grantees.

This Assembly doth allow to the inhabitants of the village on the east side of the ferry river in Newhaven, sixteen shillings and six pence in money, and seventeen shillings and six pence in pay, for cost of attendance at this Assembly upon the citation of the inhabitants of the town of Newhaven.

[In the margin. Cost allowed to Joseph Wakeman, agent for Fairfield, for his attendance on this court upon the citation of Joseph Lockwood, is fourteen shillings.]

Capt. William Ely and Mr. Mathew Griswold, in behalf of the town of Lyme, making application to this Assembly respecting a person in Lyme named Polly, that is a cripple, having lapsed their opportunitie of applying themselves to the court of assistants as the law directs: This Assembly gives libertie to the inhabitants of the said town to make their application to the next court of assistants.

The estate of Richard Harvie, late of Stratford, deceased, being considerably indebted, and nothing left to pay the debts but land: This Assembly, upon the motion of John Hide of Fairfield, administrator of the said estate, grants to the said John Hide libertie, (with the advice of Mr. Peter Burr and Mr. John Edwards,) to sell so much of the lands belonging [to] the estate of the said Richard Harvie as may be needfull for the payment of his just debts.

Amy Gilbert of the town of Wethersfield, a poor, lame, impotent person, and non compos mentis, having been chargeable to the said town for some years past, and having only a small estate in lands: This Assembly, (upon the motion of the selectmen of the said town,) do impower the selectmen of Wethersfield aforesaid for the time being, to make sale of the said Amy Gilberts land, the produce thereof to be improved for her livelyhood and maintenance.

Whereas it appears to this Assembly that David Sage of Midltown is a distracted person, this Assembly (as the law directs,) allow the selectmen of the town of Midltown to sell the land of the said David Sage for his maintenance; provided they tender the sale thereof first to his relations.

This Assembly grants power to Lieut. John Hawly, administrator to the estate of John Negro, to sell so much of his land as will make payment of ten pounds; it appearing by a copie of record of the court of probates in the countie of Fairfield that there is near ten pound more due from the said John Negroes estate then his moveables will pay.

Whereas there were two actions depending in the court of assistants holden at Newhaven, October the 3d, 1706, by appeal from the judgment of the countie court in Newlondon, between Leicister Grossvener, of Mashamuggett in the countie of Newlondon, and Anthonie Ashbye Jun', of Groton in the said countie; in one of which actions the said Leicister Grossvener was plaintiff contra the said Anthonie Ashbye, in an ac

[27] tion of debt due upon an obligatory bill of four || hundred pounds cash, conditioned for the deliverie of a deed under hand and seal, of certain lands in Mashamuggett to the said Grossvener at a certain day, the condition not being performed by the said Ashbye; and in the other of which actions, the said Anthonie Ashbye was plaintiff contra the said Leicister Grossvener, in an action of debt upon an obligatory bill of four hundred and twentie pounds, conditioned for the deliverie of two hundred and ten pounds cash to the said Anthonie Ashbye at the same day, the said Grossvener not having performed the said condition; and in both these actions. the jury find for the plaintiffs the several sums mentioned in their respective bonds, and the court accepting the verdicts of the jury chancered Grossveners bond to Ashbye to two hundred and ten pounds, and at their sessions in May last, the case being brought to the court of assistants, by review, the court denyed to chancer Ashbyes bond to Grossvener; the said Anthonie Ashbie, thinking himself greatly wronged thereby, petitioned this Assembly for relief. This Assembly having heard and considered the pleas of both parties, do chancer the bond of four hundred pounds aforesaid, given by the said Ashbie to the said Grossvener, to the sum of two hundred and ten pounds; and do order that both parties bear their own charges, and that neither partie shall have execution upon the judgments given for them by the court of assistants upon their said respective bonds.

This Assembly doth allow to Capt. Samuel Eels, Speaker of the Lower House, for his good service this sessions, twentie shillings cash, to be paid out of the fees of the Lower House; and Capt. Richard Bushnell, Clerk of the Lower House, fifteen shillings cash, to be paid out of the fees of the Lower House. This Assembly allows to Joseph Pardie, constable, for his service, three shillings and six pence per day.

The petition of John Holly and Jonath. Bates being presented before this Assembly, declaring their aggreivance with the settlement or distribution of the estate of their father in law, Mr. John Sellick, by the court of probates in the countie of Fairfield, there being nothing allowed to the eldest son David: This Assembly, having considered the matter of their petition, do grant the said petitioners the libertie of an appeal from the sentence of the said court of probates to the court of assistants in May next.

ACTS PASSED AT A GENERAL ASSEMBLY HOLDEN AT NEWHAVEN, DECEMBER THE 17TH, 1707, BY SPECIAL ORDER OF THE HONOURABLE THE DEPUTY GOVERNOUR, AND CONTINUED

BY SEVERAL ADJOURNMENTS TO THE 19TH

DAY OF THE SAME MONTH.

Present at this Assembly,

The Honourable Colonel Robert Treat, Deputy Governour. Assistants present,

Daniel Wetherell, Nathaniel Stanly, John Hamlin, Nathan Gold, Joseph Curtis, Josiah Rossiter, Richard Cristophers, John Alling, Esq.

Deputies present,

Capt. Cyprian Nichols, Capt. Aaron Cook, for Hartford.
Mr. Abraham Bradlye, Mr. Samuel Smith, for Newhaven.
Capt. Samuel Eels, Lt. Joseph Treat, for Milford.

Capt. John Levingstone, Ens. John Richards, for Newlondon.
Capt. John Wakeman, Lt. Joseph Wakeman, for Fairfield.
Capt. Abraham Fowler, for Gilford.

Mr. Joseph Bradford, for Lebanon.

Mr. William Malbye, Mr. William Barker, for Branford.
Capt. John Hart, Lt. John Stanly, for Farmington.
Mr. Joseph Ripley, Ens. Joseph Cary, for Windham.
Mr. Thomas Jud, for Waterbury.

Lt. James Wells, for Haddum.

Capt. Robert Wells, Capt. Thomas Wells, for Wethersfield. Mr. John Eliott, for Windzor.

Capt. John Higly, for Symsbury.

[25] Capt. Nathaniel White, Capt. John Hall, for Midltown.
Capt. John Minor, Mr. John Sherman, for Woodbury.
Capt. Samuel Hall, Mr. John Parker, for Wallingford.
Mr. John Griswold, Mr. John Crane, for Kilinsworth.
Mr. William Parker, Mr. Nathaniel Chapman, for Saybrook.
Mr. Mathew Griswold, for Lyme.

Capt. John Parks, Mr. Daniel Bruster, for Preston.
Mr. Manasseh Miner, for Stonington.

Maj. Ebenezer Johnson, Mr. Samuel Brinsmeed, for Derby.
Mr. Benjamin Curtis, Lt. John Hawly for Stratford.
Mr. Joseph Platt, Mr. Samuel Hanford, for Norwalke.
Mr. Stephen Bishop, Mr. Elisha Holly, for Stanford.
Lt. James Bebee, Ens. Tho. Tayler, for Danbury.

The Secretary of the Colonie being absent by reason of sickness, the Assembly made choice of Mr. John Winston to

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