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quot country, and the said General Assembly October 10th, 1672, did appoint Thomas Leffingwell and Thomas Tracy to survey and lay out the same to the children of the said Governour Haynes, according to the said grant, on the east side of Paucatuck River, and the said Leffingwell and Tracy did survey and lay out on the east side said river, five hundred thirty eight acres of land for part thereof, from which the said heirs of the said Governour Haynes are ejected by tryal at law, (as they say.) And whereas John Haynes and Hezekiah Willis of Hartford, gent., pursuant to an act of this Assembly made and passed in May last, constituting the town of Kellingly, have desired Capt. John Chandler to survey and lay out for them (and other the heirs of the said Governour [53] Haynes,) the said thousand acres || of land granted as aforesaid, and he the said John Chandler hath accordingly surveyed and laid out the same in two pieces, on the east side of Queenabaug River within the said town of Killingley, according to a platt thereof exhibited in this Court, that is to say, five hundred acres thereof lying upon a river called Five Mile River, and is bounded therewith on the west, and with the said Colonys land on the east, and with a brook called Whetstone Brook southerly ;—and other five hundred acres the residue thereof, lying upon and near to Chesnut Hill, and is bounded on the south with a farm of Mr. Timothy Woodbridge, on the east with the said Colonys land, and mostly with the land of Mr. Treat on the north; which said two pieces of land of five hundred acres each, the said John Chandler as agent for, and by the desire of the said John Haynes and Hezekiah Willis, had pitched upon and taken up for them, on or about the 26th of March, 1707:4Now therefore, this Court do allow, approve and confirm the said surveys made by the said Chandler of the said thousand acres of land lying in two pieces, for the said John Haines and Hezekiah Willis, and do give and grant unto them the said two pieces of land so surveyed and laid out; provided always that the same do not prejudice any former grant of this Court; and do order that the said John Haynes and Hezekiah Willis, with the other heirs of said Governour Haynes, their heirs or assigns, shall have a patent for the same thousand acres of land, qualified and executed according to the law of this Colony, for full confirmation of the same to them forever.

Whereas the General Assembly of this Colony, May 15th, 1662, did give and grant to Mr. Joseph Haines of Hartford, three hundred acres of land for a farm, whereof fifty acres to be meadow, where it might be found, and John Haynes only

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son, with others the heirs of the said Joseph Haines now deceased, pursuant to an act of this Assembly made and passed in May last, constituting the town of Kellingley, having desired Captain John Chandler to find, survey and lay out for them, the said three hundred acres of land granted to their father as aforesaid,-he the said Chandler hath accordingly surveyed and laid out the same, and exhibited in this Court a plat thereof, which lyes in one intire piece on the east side of Queenabaug River, upon and adjoyning unto Chesnut Hill, and is bounded on the south and west with the Colonys land, and also partly on the north, (which said parcel of land of three hundred acres the said Chandler as agent for, and by the desire of the said John Haines, had pitched upon and taken up for them, on or about the 26th of March, 1707,)Now therefore, this Court do allow, approve and confirm the said survey of the said three hundred acres of land, for the said John Haynes and other the said heirs, provided it doth not prejudice any former grant of this Court; and that they shall have liberty to take a patent according to law for the same.

Whereas the General Assembly of this Colony, October 13th, 1687, did give and grant to Mr. Timothy Woodbridge of Hartford, two hundred acres of land for a farm, where he could find it; and the said Timothy Woodbridge pursuant to an act of this Assembly made and passed in May last, constituting the town of Kellingley, having desired Capt. John Chandler to survey and lay out for him the said two hundred acres of land granted him as aforesaid, he the said John Chandler hath accordingly surveyed and laid out the same, and exhibited in this court a plat thereof, which lyes in one intire piece on the east side of Queenabaug River, within the said town of Kellingley, at a place called Chesnutt Hill, and is bounded on the east and south with the Colonys land, and on the west mostly with the Whetstone country, (which said parcel of land of two hundred [54] acres, the said Jolin Chandler as agent for || and by the desire of the said Timothy Woodbridge, had pitched upon and taken up for him on or about the 26th of March, 1707,)-Now therefore, this Court do allow, approve and confirm the said survey of the said two hundred acres of land, for the said Timothy Woodbridge, provided it do not prejudice any former grant of this Court, and order that he shall have a patent for the same.

Whereas the General Assembly of this Colony held at Hartford May 12th, 1687, did grant to Capt. Samuell Eells, then of Milford, (now of Hingham,) two hundred acres of land, and the General Assembly held at Hartford May 13th, 1708, did give and grant to the Reverend Mr. James Noyes, of Stoningtown, two hundred acres of land, provided the same should be taken up without prejudice to any former grant, &c.: This Assembly do now order and appoint the county surveyor in the county of New London, or else Capt. John Chandler of Woodstock, or either of them, shall survey and lay out the said lands granted as abovesaid, and make report of the survey thereof to this Court as soon as may be.

Upon consideration of the petition of William Hoadly of Branford, setting forth the great wrong he hath sustained, by reason that Dugall Mackenzie, of Fairfield, doth neglect and refuse to pay him a certain sum of money, which he, said Hoadly, recovered of the said Mackenzie at a county court holden at Newhaven, November 14th, 1698, by a judgment upon an arbitration bond bearing date March 16th, 1699, as appears of record ; and this Court, having heard the pleas of the said parties, and finding that by several acts and orders, or judgments of divers officers and courts, obtained and made since the said judgment in the said county court, and execution granted thereon, (bearing date March 24th, 170, and served, the said Hoadly has been defeated and obstructed in recovering of the said Mackenzie the sum contained in the aforesaid execution, do therefore order, and it is hereby enacted and ordered by the Governour, Council, and Representa tives, in_General Court assembled, and by the authority of the same, that the said Hoadly shall have a writ from the clerk of the said county court, who is hereby impowred to grant the same, citing and requiring the said Mackenzie to appear before the next county court to be holden in Newhaven, to shew reason, if any he has, why execution upon the said judgment should not be given against him. And if the said Mackenzie does not shew to the said court good and sufficient reason why the said execution should not be granted upon the said judgment, without relation had to any acts, or orders, or judgments, on or about the said judgment, execution or case wherein they were recovered, made and obtained since the said judgment and execution thereon, (which appear to this Court to be very irregular,) that then the said county court shall order execution upon the said judgment against the said Mackenzie, as if no such acts or orders had ever been obtained.

Provided only, that the said Mackenzie shall have liberty to appeal from the order of the said county court, (within the usual time allowed for entering appeals, giving bond to prosecute the same as the law requires,) who are hereby impowred

to grant the same, to the court of assistants which shall be held next after the sessions of the said county court. And if the said Mackenzie does not shew to the said court of assistan's good and sufficient reason why the said execution should not be granted against him, without any relation had to the aforesaid irregular acts and orders, that the said court of assistants shall order execution upon the said judgment, to be granted by the secretary as clerk of the said court of assistants, against the said Mackenzie, without allowing of any review or other delay whatsoever.

Provided also, that the said Mackenzie and Hoadly shall have liberty to make use of and improve an attested copie of the aforesaid original bond, both in the aforesaid county court and court of assistants, if so be either of them shall see cause, which shall be accepted and allowed of by the said courts, in the pleas of either of the said parties, as if it were the original itself.

Provided also further, that the said county court or court of assistants shall have power, and they are hereby impowred, [55] to chancer the said arbitration bond according to the || award given thereupon, taking for their direction therein the record of the court where judgment on said bond was recovered, shewing the value of the said bond and the sum, which by the award of the arbitrators specified, the said Mackenzie was to pay to the said Hoadly. Provided also, that the said Hoadly shall have the liberty, as the said Mackenzie hath by virtue of this act, to appeal from the county court to the court of assistants, and no further.

This Court grants liberty to Lieut. John Stanly of Farmington, to take up two hundred acres of land, which was granted to his father, Capt. John Stanly, deceased, formerly by this Court, in any of the Colonys land, no wise prejudicing former grants; and do order that any of the county surveyors in this Colony, or Capt. John Chandler of Woodstock, may lay out the same for him at his cost and charge, making a return thereof to this Court for confirmation.

Upon consideration of the information made to this Court by Samuel Huntington and Isaac Bayley, selectmen of Lebanon, of the irregular admission of freemen lately in that town, which causes trouble amongst them: This Court do therefore order, that the county court in the county of New London do make strict inquiry and examination into that matter, and issue forth writs to call before them such persons as are supposed and concluded to be faulty in that matter, and to punish them according to the direction of law.

upon, taking forent on said the sum, wh given thereut where jude said bond ed, shewing of the arhiteadly. Pre said M

Upon the petition of the selectmen of the town of Colchester, this Court do free and release the inhabitants of that town from paying their country rate this present year; excepting so much as the Colony now owes to any of the said inhabitants, for any service, matter or thing, which shall be paid by and amongst themselves this year out of their country rate. Provided also, that all the rest of their country rate for this year be improved by them for the building a meeting house in their town.

It is ordered and enacted by this Court, That all serjeants that have been out in the Colonys service the summer now last past, and who shall hereafter go out into the said service against the common enemy, shall be paid two shillings and six pence per day, or fifteen shillings per week, for their wages.

Upon consideration of the petition of John Edgcombe of New London, now entred and heard in this Court, and of the pleas and replys of Joshua Hempstead of said New London, now made against the same, and of the process which the will referred to in the said petition has had in the prerogative courts, whereby this Court do find that the said Hempstead appealed from the sentence of the court of probates in New London, refusing to admit the said will to probate, not to the next court of assistants, but to the next court but one, at Hartford, which made an order of allowance thereupon, which, strictly taken, was irregular; and also that the said Jno Edgcomb did not review from the said act or order of the court of assistants, which he might have done if he had disliked it, which is also irregular; so that in the true course of law this controversy cannot 'have issue, the parties having departed therefrom; and this Court withall considering the case itself, relating to the probate of said will, that it is of great consequence, and ought to be carefully determined, do judge that the petitioner shall be heard in his plea against the said will ; and this Court do therefore determine that the said petitioner shall be heard in his pleas against the said will, at the next court of assistants to be holden at Hartford, who shall admit the said will to probate, or reject the same, according as they shall find the law in the said case to be, any other rule, act or decree of any prerogative or other court to the contrary notwithstanding. And the said Edgcomb and Hempstead are to take notice of this order and attend the decision of the said court of assistants in the said case, without any other warrant or precept.

It is ordered and enacted by this Court, That the town of Colchester, in this Colony, shall belong to the county of Hart

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