the same in behalf of the Colonie to tryal at the next countie court in the said countie after such seizure, and prosecute the same from court to court till the case be ended. And the one half of all forfeitures arising by virtue of this act to be and belong to the complainer, and the other half to the treasury of the Colonie.

Always provided, That if any liquors which are by this act to pay impost shall afterwards be exported to any other plantation or government, the exporter of the same shall be repaid by the officer that received the impost of the said liquors, excepting only the officers part of the said duty.

Whereas there hath been divers outrages committed by some of the inhabitants of Suffield and Enfield, on several of the inhabitants of the towns of Windzor and Symsbury, seizing sundry barrels of turpentine within the aforesaid townships of Windzor and Symsbury, and belonging to the inhabitants of the said towns, and imprisoning divers persons belonging to this government, carrying away in a violent and unlawful manner several barrels of the aforesaid turpentine, and destroying the estate or effects of the labour of the inhabitants of the towns of Windzor and Symsbury and others belonging to this government:

This Assembly, being desirous to prevent any such injuries and differences for the future by a fair and just settling the boundarie or line between this Colonie and the Province of the Massachusetts, after their heretofore many fruitless and chargeable indevours with the government of the aforesaid Province to obtein a settlement of the same,

Do enact, and it is hereby enacted by the Governour, Council and Representatives, in General Court assembled, and by the authoritie of the same, That there shall be Commissioners appointed by the Governour and Council of this Colonie for the running of the dividend line between this Colonie and the Province of the Massachusetts Bay, who shall be fully impowered to act in the behalf of this Colonie, with such Com[40] missioners as shall be appointed by the || said Province for the same service, who shall take care that the said dividend line shall be run by skillful artists with good instruments, beginning or taking their rise and station three miles to the southward of the south part of Charles River, at the place where Mr. James Tayler and the commissioners of this goverment, (for the same end formerly appointed,) began the said line in the year 1702, and run from the said first place or station a due west line, causing certain marks to be made or monuments to be set up in the said line to be hereafter care

fully refreshed and preserved, for the preventing of all such controversies as may hereafter arise for the want of a due stating and fixing the said line of division between the govern

ments.

And it is hereby also provided and enacted, That upon the running and stating of the line between this Colonie and the aforesaid Province, according to the method proposed in this act, that all such grants of land to towns or particular persons made by either governments as are the antientest shall be held and deemed to make a good title to the said towns or particular persons of the land so granted to them, into whichsoever government it shall fall by the aforementioned stating or fixing the boundaries between the said governments, colonies or prov inces.

And it is further enacted and ordeined by the authoritie aforesaid, That this proposal to settle the said line in the manner aforesaid shall be made to the General Assembly of the aforesaid Province, at their next sessions, and immediately prosecuted, if they shall see good to agree with this Assembly therein.

And for the preventing of all manner of injuries, quarrels and contentions between the inhabitants of this Colonie and the inhabitants of the aforesaid Province, respecting any lands. in controversie between them for want of the said line being settled, and particularly respecting the lands claimed by the towns of Windzor and Symsbury within this government, and claimed also by the towns of Suffield and Enfield, in the aforesaid Province, as within the government of the Massachusetts, until the aforesaid line shall be run and fixed, and therby it shall be determined whether the said lands controverted are truely within the bounds of this Colonie or the Massachusetts Province:

It is hereby enacted, That no person whatsoever shall presume to make any new improvement upon the said controverted lands, by cutting or boring any pine trees, drawing of turpentine, until the said line shall be run and fixed, upon the penaltie of ten shillings for every pine so tapped or cut for the drawing of turpentine, to be recovered by the complainer in any of the courts within this government; wherein the partie so transgressing shall be, and is hereby barred of justifying the trespass so complained of, by pleading right or title to the land where the said act of trespass is committed. And that the turpentine be drawn out of the trees already boxed, and be put into the care of persons indifferent till the line be run as abovesaid, in order to its being afterwards disposed of to those to whom of right it shall belong.

And it is also further enacted, That all actions now depending in any of her Majesties courts within this government [41] against any persons whatsoever, || for any actions done by them on the said controverted land, shall be continued by adjournment until the countie court to be held in Hartford on the first Tuesday in September next, and then cease and determine.

Provided always, That the General Assembly in her Majesties Province of the Massachusetts Bay shall, for the preventing of the like injuries and quarrels and contentions, in their next sessions or assembly provide and ordain that the method proposed in this act in the several parts of it shall be in equal force within their government until the settling of the line aforesaid otherwise the aforesaid continued actions shall proceed at the aforesaid countie court in all things fully and amply, and all bonds, recognizances, or other obligations whatseever relating to said actions, shall remain in full force and virtue. Provided also that if the said General Assembly in her Majesties Province of the Massachusetts Bay shall not agree to the settling of the aforesaid line in the way expressed in this act, and that with as much speed as may be, nothing in this act shall be construed to the prejudice of this government or of their claim to have the said dividend line to begin in a point to the northward of that place where Mr. James Tayler and the commissioners of this government agreed to take their first station as abovementioned. And that her sacred Majestie be addressed, that the said dividend line be found and run according to the grant in the letters pattents made to the Governour and Company of the Massachusetts Colonie, bearing date the nineteenth of March, in the third year of King Charles the first, by skilfull artists in the presence of commissioners on the part of both governments.

This Assembly grants a township to the eastward of Woodstock and a pattent thereof; the bounds whereof to be northerly on the line of the Massachusetts Province (it being by estimation about) five miles from the line between this Colonie and the Colonie of Roade Island and the river called Assawaug; easterly on the said line between the said Colonies; southerly partly on the northern boundary of Plainfield, and partly on a line to be continued east from the northeast corner bounds of Plainfield to the said line between the said Colonies; the said northern boundary of Plainfield being settled by order of the General Court, May the 11th, 1699, and westerly on the aforesaid river; the said township being by esti

mation about eight or nine miles in length and five or six miles in breadth, be the same more or less.

Always provided, That no person now inhabiting on said land, or any other persons dwelling without this colonie who have purchased any lands within the said township, that shall not give due obedience to all the laws of this colonie for the upholding the worship of God, and paying of all publick charges, shall have no benefit by this act. And provided also, that no township nor any persons who have heretofore had any lands lying within the said township granted to him and legally laid out, shall be any ways prejudiced by this act nor any part thereof. And this Assembly desires the Honbl Governour to commissionate Lt. Aspinall or some other suitable [42] person to train and command the souldiers in the said township, and to give a name to the said town, and also appoint the figure of a brand for their horses. It is also desired that the Honbl Governour, Maj. Fitch, and Mr. Richard Cristophers, or any two of them, shall give advice and direction for the calling and settling of a minister in the said town as need shall require.

And this Assembly grants to the Governour two hundred acres of land within the said township, provided he take it up where it may not prejudice any former grants.

And it also provided, that what countrie lands lye within the aforesaid tract granted to be a township not already laid out, those that have countrie grants have libertie to take them up, provided they do it within one year next coming.

Capt. John Chandler is appointed to bound out the said lands.

And this Assembly leaves it to the Honb the Governour, with the Secretary, to sign a pattent unto Coll. Robert Treat, Maj. James Fitch, Capt. Daniel Wetherel, Mr. Joseph Hains, Mr. Sam Andrew, Mr. George Denison, Mr. James Dalison, David Jacobs, Sam" Randall, Peter Aspinall, Joseph Cady, in behalf of the rest of the proprietors; provided it wrong no person or persons just and legal rights.

This Assembly grants to our Honbl Governour eighty pounds in pay, to be paid out of the present countrie rate if it be to be had, if not, then to be paid out of the next countrie

rate.

This Court do recommend to the ministers of the gospel in the several plantations within this government, that in their respective plantations whereunto they belong they do annually preach unto the freemen thereof, on the day of election as in the law stated, a sermon proper for direction in the choice of

civil rulers, that being the proper work of the said day; and that a signification hereof be sent by the secretary to the reverend ministers, at their respective countie meetings on the last Munday in June next ensuing the present session of this Assembly.

This Assembly having heard Abigail Thomson, a prisoner condemned by the court of assistants holden in Hartford, the second day of May, Anno Domini, 1706, to suffer the pains of death, by her council offering reasons against the sentence of the said court being executed upon her, do upon the consideration of the said reasons conclude, that seeing the case of the said prisoner is attended with great difficultie, the court will take further time to advise thereupon, until the General Assembly in October next. And this Court desire the Governour to procure the best advice that may be had in the case against the said next General Assembly.

This Assembly grants to Capt. Sam" Eels fortie shillings in pay, for his good service as Speaker this sessions.

At the same time granted to Richard Bushnell, Clerk, thirtie shillings in pay. At the same time granted to the consta[43] bles three shillings and six || pence per day in pay, for their attendance upon the Lower House, viz: to Thomas Butler three shillings and six pence per day in pay for ten days attendance, to Sam" Webster three shillings and six pence per day for three days.

Justices of the Peace and Quorum appointed by this Assembly in the countie of Hartford are, Lt. Joseph Tallcott, Mr. Richard Lord, Mr. John Eliot, Capt. Mathew Allin, Capt. Robert Wells, Mr. John Hooker. Justices of the Peace appointed by this Assembly in the same countie are, Lt. James Treat, Capt. Nathan" White, Capt. Thomas Hart, Capt. John Higly, Mr. Thomas Jud, Capt. John Chapman, Eleazar Kimberly, Mr. Josh. Riply, Mr. John More, Lt. James Wells.

Justices of the Peace and Quorum appointed by this Assembly in the countie of New Haven: Mr. William Malbie, Capt. Thomas Clarke, Capt. Sam" Eels, Capt. Nathan Andrews, Capt. Abraham Fowler, Lt. Joseph Treat. Justices of the Peace appointed in the same countie: Abraham Bradlye, John Hall.

Justices of the Peace appointed and of the Quorum in the countie of Newlondon: Mr. Ephraim Minor, Mr. Nehemiah Smith, Capt. Richard Bushnell, Capt. William Ely, Mr. Nathan" Lynde, Mr. Dan" Tayler. Justices of the Peace appointed in the same countie: Capt. Nathan" Cheesbrough,