son, and be thereof convicted, such negro or molatto servant or slave shall be punished by whipping, at the discretion of the court, assistant, or justice of the peace that shall have cognizance thereof, not exceeding thirtie stripes for one offence.

Allowed by this Court to Captain Thomas Hart, Lt. John Stanly, Jonathan Smith and Capt. John Hart, atturnies for the town of Farmington, for cost of their attendance at this Assembly upon the citation of the proprietors, inhabitants of Midltowne, is thirtie shillings in pay and three shillings and six pence in money.

This Assembly grants a levie on all the particular proprieties of lands situate within the township of Durham, towards the defraying of publick ministerial charges in the said township.

1st. That the farms laid out and situate on the northwest part and southwest part of said bounds of Durham, (namely the farms formerly granted and surveyed to Major Nash of Newhaven, and Mr. Pierson of Kilinsworth,) be assessed at one pennie per acre by the year for the space of four years next ensuing the date hereof.

2ly. That all the remainder of particular impropriations be assessed at two pence per acre for the four ensuing years of the date hereof, this act having no reference to the proprietie of the town of Killingsworth notwithstanding.

[36] Capt. John Wakeman of Fairfield being disabled by bodily illness to attend the service of commanding the trainband in Fairfield, in the place of captain, this Assembly doth release him from that service and establish his brother, Joseph Wakeman, to be captain of that company.

It is ordered and enacted by this Assembly, That for the future each representative of the several towns Act concerning deputies allow. Within this Colonie shall be allowed for their several travails post wages, and for their attendance at the several general sessions by the day as is already stated, any former law or custom to the contrary notwithstanding.

ance.

Ordered and enacted, voted and concluded by this Assembly, That the Council assigned to assist the Governour, or in his absence the Deputy Governour, in the intervale of the Assembly, shall consist of two of the Assistants at the least and four able, judicious freemen, such as the Governour, or in his absence the Deputy Governour, shall call to Council; who shall have power in the intervale of the General Assembly to manage the affairs of this Colonie, according to charter; they not

to raise men to send out of the Colonie, unless in case of exigence, nor to raise money.

Ordered by this Assembly, That Major William Whiting shall make an equal division of the trainbands in Hartford, (if it be not already made,) and to state their limits according to law.

Ordered, enacted and concluded by this Assembly, upon the petition of several inhabitants of Lebanon, representing their want of a minister, That the reverend elders of the countie of Newlondon, who are appointed by this Court to meet at Newlondon the last Munday of June next ensuing the sessions of this Court, shall take effectual care to invite and call a person to officiate in the work of the ministry there if they are not provided with one before. And the person whom they shall so call to that service, and who shall attend the same, shall be the minister of the said town, and as such be maintained and supported in that service, till they do agree to call and settle a minister among themselves.

Several of the inhabitants of Stratford laying before the Governour and Council at Newhaven in October last, the sorrowful circumstances of their town with reference to their differences and difficulties about settling a minister, and the method then proposed by the Governour and Council for their relief not being attended, and their unhappy difficulties in that regard still continuing:

It is ordered and enacted by this Assembly, That the elders of the countie of Fairfield who are appointed to meet at Fairfield the last Munday of June next ensuing the sessions of this Court, shall take effectual care to invite and call some suitable person to officiate in the work of the ministrie there. And the person whom they shall so call to that service, and who shall attend the same, shall be the minister of the said town and as such [37] be maintained and supported in the service of the said town according to the laws of this government, till they do agree to call and settle a minister among themselves.

us:

Whereas defamation and slander is a growing evil amongst

Act for the

It is therefore ordered and enacted by the Governour, Council and Representatives, and be it enacted by the authoritie of the same, That whosoever shall defame or slander any person or persons whatsoever, and be legally convicted thereof before any court in this Colonie, shall pay the sum of fiftie shillings as a fine to the publick treasury of the countie where such offence is committed; and the person or persons slandred shall have such

punishment of defamers and

slanderers, &c.

costs and damages as the court and jury that have cognizance of said case shall judge to be reasonable and just, any law or custom to the contrary notwithstanding.

This Assembly grants to the petitioners hereafter named, that all that tract of land lying on the west side of Stratford or Potatuck River, bounded easterly on Stratford and part of Fairfield, westerly upon Danbury and a line running from the southeast corner of Danbury, paralell to the east line of said town, to Fairfield bounds, northerly upon Newmilford purchase and Potatuck River, shall be one intire town, called by the name of Newtowne; and do appoint and impower Joseph Curtis of Stratford, Esqr, Capt. Joseph Wakeman of Fairfield, Mr. John Sherman of Woodbury, and Mr. Thomas Taylor of Danbury, a committee to survey the said tract of land, and consider what number of inhabitants the said tract of land will conveniently accommodate, and accordingly determine where the town plot shall be, and lay out a suitable number of homelots, and order all the prudentials of the said town until such time as the General Court shall order otherwise. All the charge the said committee shall be at, to be paid by the said petitioners or such of them as shall take up the said land according to the conditions hereinafter exprest. This Court do also grant to the said petitioners that each one of them shall have for himself, his heirs and assigns forever, an equal part and proportion of all the common land within the said tract not already taken up according to former grant from this government, the proportion to be made according to the number the said committee shall appoint and determine the whole. tract will accommodate; alwayes provided the said petitioners shall and do by themselves or their assignes enter upon the said land within four years after this sessions, and continue to dwell as inhabitants there at least four years; and if any of the said petitioners shall not so enter and continue upon the said land, it shall be in the power of the General Court to admit others in their stead, and so many more as the said tract of land will suitably accommodate. This Court do also grant to the said petitioners free libertie to purchase for the use of the said town any part or parcel of the said tract of land that may be claimed by the Indians; and the several persons that have already taken up any quantitie of land within the said tract of land according to former grant from this government, shall have a right and priviledge as the rest of the inhabitants of the said town, at all times, in all the lands that shall lie common within the said town, in proportion according to the quantitie of land they have so taken up.

The names of the petitioners for the land before granted fol[38] lowes, || viz: Joseph Curtis, James Judson, Sam" Hawly, John Read, John Burr, Theophilus Hull, John Minor, Benjamin Sherman, Josiah Curtis, Daniel Burr, jun', Daniel Curtis, Richard Hubbel, jun', John Judson, John Sely, jun', Daniel Beardsly, Joseph Fairchild, Benjamin Hurd, Benjamin Nichols, Peleg Burrit, John Griffin, Thomas Sharp, Dunning of Stratford, Daniel Beardsly, sen", Zechariah Ferris, Will. Mallerie, Sam Hubbel, jun', Jonathan Booth, John Hawly, David Whitlock, jun', John Glover, Daniel Foot, jun', Abraham Kimberly, Benjamin Peat, Dan" Burr, sen', Mr. Richard Brians heirs, Sam Eels.

It is ordered and enacted by this Court and the authoritie thereof, That there shall be paid to the publick Act for excise treasurie of this Colonie, for the support of the and impost. government therein, and for defraying the incident. charges thereof, an excise upon all wines, brandy, rum and other distilled liquors, cyder and metheglin, that shall be sold by retail in any town or place in this Colonie, by those that shall retail the same, in manner and form as is hereafter expressed, that is to say, for all wine, rhum, brandy and distilled liquors, four pence per gallon; for all cyder, twelve pence per barrel; for all metheglin, two pence per gallon, all in currant money of this Colonie, and after that rate for any greater or lesser quantities.

And for the due and orderly collecting and receiving of the excise aforesaid: It is hereby further ordered by the authoritie aforesaid, That all retailers of rhum, brandy and other distilled liquors, wine, cyder and metheglin, within this Colonic, having any of the said liquors in their respective houses or elsewhere belonging to them at the time of publishing this act, shall make due entrie and pay the duties aforesaid for the same as is herein before mentioned, and upon their further receit and purchase of all or any of the liquors before mentioned, shall within twentie four hours after the receit or purchase thereof make entrie with such persons as are appointed to receive and collect the same, and pay the duties aforesaid, under the penaltie of the forfeiture of such strong drink or liquors, as shall be found in any retailers house, not being duely entred and the excise paid as aforesaid. And it shall and may be lawful for the officers appointed to enter into any retailers house in the day time so often as they shall think fit, or into any retailers cellar or warehouse to search for any such wines or liquors, cyder or metheglin, as are not duely entred nor the excise paid for the same, and such wine and strong drink to seize and secure in order to a trial: Provided alwayes that it shall be in

the power of the officers appointed to agree with any retailers for the excise for one whole year, and to receive it quarterly as they in their discretion shall think fit to agree.

It is further enacted by the authoritie aforesaid, That there shall be paid by the importer of all wine, rhum, brandy, or other distilled liquors that shall be brought in and landed in any part or port in this Colonie (except such as shall be brought directly from the countries where they are raised,)* the duty or impost following, that is to say, fiftie shillings for every pipe of wine, and fiftie shillings for every hogshead of rhum, brandy or other distilled liquors, in currant money of this Colonie, and proportionably for greater and lesser quantities, to be paid be[39] fore the landing of such liquors to the naval officers || who are hereby appointed to receive the same, under the penaltie of the forfeiture of all such wine, rhum, brandy or other distilled liquors, as shall be brought into and landed in this Colonie contrary to the true intent and meaning of this act.

And it is further enacted, That there shall be one fit person in each countie of this Colonie, nominated and appointed by the countie court of the respective counties, to be the collector or receiver of the said dutie of excise, and to have the general inspection, care and management of that office, and of whatsoever relates thereunto, within said respective countie, with authoritie to nominate, imploy and impower such and so many officers under him as he shall think necessary for the collecting and receiving the duties of excise aforesaid within the countie for which he shall be appointed. And the said officers and all other officers under them, before their entring upon the execution of their respective offices, shall be sworn to deal truly and faithfully therein. And the said officers appointed by the countie court shall keep fair books of all duties of excise arising by virtue of this act, and pay in all such money as shall be in their hands unto the treasurer of this Colonie as he shall demand it. And the said officers for their labour, care and expences in the said office, shall have the sum of two shillings on the pound for all such sum and sums as shall be collected and received by them respectively by virtue of this act for excise, and one shilling upon the pound for impost.

And it is further enacted, That the said officers appointed to receive the excise and impost abovesaid, shall have full power by themselves or their lawful substitutes to seize all such liquors as shall not be entred by retailers or importers, before in this act exprest; and such as shall be landed without paying impost according to the intent of the above act, and bring

In the margin.-Rased out by order of both houses.