Gambar halaman
PDF
ePub

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, 169, 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 judg ment, without relation had to any acts, or orders, or judg ments, 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 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

ford; and that Mr. Michael Tainter of Colchester, shall be a justice of the peace for the said county until May next. [56] Upon the request of the keeper of Newhaven ferry, that he may be the better enabled to make and maintain a good and sufficient wharf on each side of the said ferry: This Court do see cause to add to the fare of his ferry already stated in the printed law, one penny in money, which he may demand and take at such time as he shall have finished the said wharfes and made them sufficient for use, according to the judgment of the selectmen of Newhaven, and not before; and so long as he shall keep the said wharfes in good and sufficient repair, according to the judgment of the said selectmen, and no longer. Provided always, that the keeper of the said ferry shall not demand nor take the said additional fare of one penny of the inhabitants of any town that have made agreement with him, by the year or otherwise, nor of any person whatsoever travailing on the countrys service.

Whereas several persons, officers, and others, have been presented to this Court for several neglects and misbehaviours in her Majesties service the last summer: The Governour, Council and Representatives, in General Court assembled, having considered the said offences, and that many of the said offences were committed by the persons culpable through ignorance (as they plead), and want of a good acquaintance with their duty, do hereby conclude to overlook and pass by the said offences; excepting only of such as being listed into the said service, did without any leave desert and forsake the same, who are hereby left to be prosecuted for such offences, in the county courts of the several counties where the said persons live. And this Assembly, for the better and more effectual obliging all persons whatsoever duly to attend her Majesties service, and the command of their officers, whensoever there shall be occasion for it, do order and determine, that all persons whatsoever, who shall at any time hereafter neglect obedience to the command of his superiour officer for her Majesties service, or shall desert the same, shall suffer for such default the utmost penalty of the law.

This Court do grant to Colonel William Whiting of Hartford, for his good service in this last year past, as well in the county of Hampshire as within this Colony, the sum of thirty pounds in pay, out of the colony treasury.

An Act in addition to the printed law, title Records, page 102.

It is ordered and enacted by the Governour, Council and Representatives, in General Court assembled, and by the authority

of the same, That no grant or deed of bargain, sale, or mortgage, which shall be made of any houses or lands within this Colony, from and after the first day of March next ensuing, shall be accounted good and effectual in law to hold such. houses and lands against any other person or persons but the granter or granters, and their heirs only, unless the grant, deed, or deeds thereof, be recorded at length in the records of the town where such houses or lands do lye. And the town clerk or register in every town in this Colony shall, on the receipt of any grant, deed, conveyance, or mortgage of any house or land brought to him to record, note thereupon the day, month and year when he received the same, and the record shall bear the same date.

And it is further enacted by the authority aforesaid, That if any town clerk or register within this Colony, shall neglect to do and perform his duty according to this act, and be thereof convicted, he shall pay a fine of five pounds to the treasury of the county whereto he belongs, for every such neglect.

This Assembly grants to the Honourable Deputy Governour, for his sallery this year, the sum of forty pounds in

pay.

This Assembly grants and allows the sum of five pounds to [57] be added to the || Treasurers sallery, out of the Colony treasury.

It is ordered and enacted by this Assembly, That there shall be allowed and paid out of the publick treasury of this Colony, to the several constables within the same that have been this present year, or shall at any time hereafter be imployed in impressing men, horses, and other things for the Colonys service, the sum of three shillings and six pence per day to each constable, for the service of himself and his horse therein.

This Assembly grants a rate of seven pence upon the pound, to be levyed upon all the rateable estate of this Colony, for the defraying the publick charges thereof this last year, and to be paid as followeth, viz: wheat at six shillings per bushel, rye at three shillings and six pence per bushel, Indian corn at three shillings per bushel, all to be good and merchantable; pork well repackt to pass at three pounds fifteen shillings per barrel, beef well repackt to pass at forty five shillings per barrel; and if any person or persons will pay their rate, or any part thereof, in money, at fifteen penny weight for six shillings, it shall be accepted at two thirds.

It is ordered and enacted by this Court, and this Assembly do desire the Honourable the Governour and Council, to con

« SebelumnyaLanjutkan »