USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 12
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And that the act or law of this State entituled An act for punish- ing and preventing of oppression, also an act made and passed by the General Assembly of this State at their session at Hartford in May in the year of our Lord 1776, entituled An act in alteration of the act entituled An act for punishing and preventing oppression, and also an act made and passed by this Assembly at their special sessions in Hartford in November last, entituled An act to prevent monopolies and oppression by excessive and unreasonable prices for many of the necessaries and conveniences of life, be repealed, and they are hereby respectively repealed and made void.
An Act for repealing an Act entituled An Act for prescribing an Oath of Fidel- ity to this State.
Whereas previous to the taking of the oath prescribed in and by said act it will be necessary and proper to revise and amend many of the laws and statutes heretofore made and now in force within this State, as also to form or agree to some general regulations that may be proposed for the well being and safety of this and the other United States of America and for the maintaining the independency of the same, which in the present situation of public affairs cannot be con- veniently attended to,
Be it therefore enacted by the Governor, Council and Representa- tives, in General Court assembled, and by the authority of the same, That the said act and every part thereof be and the same is hereby repealed.
101
OF CONNECTICUT.
1776.]
An Act for stating the Fees of the several County Courts and of the respective Officers concerned in the Tryals of Causes relating to Prizes or Captures brought into this State.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That the chief judge and the other justices, the attorney for the State, the clerk and sheriff, the jurors, constables and other officers of the said respective county courts in this State that shall take cognizance of and hear, try or determine any cause or action relating to the capture of any vessell, cargo and appurtenances taken and brought into this State by any ship or vessell of war, privateer, letter of marque and reprizal, belonging to the United States of America or to any of the inhabitants of said several States, shall have and receive the several fees and allowances as is hereafter set and affixed in the following table, viz :
Table of Fees.
Judges Fees.
Advocates Fees.
To the chief judge, for his services per day, . The assistant justices per day, .
12
For filing and allowing a libel, (to the judge,) For citation for appearance,
1 3
For summons for a witness, ·
.
1
For drawing a libel,
6s.
For pleading thereto and attending the court,
such fees as the court shall judge reason- able.
To the Clerk or Register.
For citation for appearance,
. £0
2.s. Od.
For summons for a witness,
0
1 0
For filing papers and taxing cost,
0
3
0
For interlocutory decree, recording &c.,
0
2 0
For a definitive decree and recording,
0
6
0
For taking every evidence in court, .
0
1 0
For copy of a libel, .
0
3 0
For copy of a decree,
0
6 0
For a retraxit,
0
1 0
For all money paid into court on condemnation, one eighth per cent. poundage.
For entering a motion for appeal,
0
1 0
For allowing or disallowing thereof,
0
1
4
For all copies not exceeding one sheet,
0
1 0
If above one sheet, for every sheet, each sheet con- taining 400 words,
0
1 0
For every adjournment,
0
1 3
For every bond to prosecute an appeal, To the Sheriff or Marshall.
0
1 6
.
.
.
.
.
.
To the sheriff or marshall for serving all writs, cita- tions and warrants, the same fees as is already by law allowed in other cases.
.
.
188.
3 6d.
102
PUBLIC RECORDS
[December,
One half per cent. upon the sale of any vessell, cargo and appurtenances condemned, provided the amount thereof do not exceed one thousand pounds, but where the value and sale of such vessell, cargo and her appurtenances shall ex- ceed one thousand pounds, then the said sheriff shall have one half per cent. upon the first thousand pounds and one eighth per cent. upon all sums over.
For the jurors per day, each, 0
4 0 For the constable per day, 0
4 0
For witnesses per day,
0
4 0
For their travel per mile, 0 0 4
And it is further enacted, That the several sums expressed in the foregoing table of fees and allowances shall be paid into the hands of the clerk of said court by the captors or out of the monies such ves- sell or vessells, cargo or cargoes and appurtenances condemned as aforesaid shall sell for, to be distributed to the several officers of said court to whom the same shall belong before any distribution be made thereof for the benefit of the captors or attorneys and others con- cerned therein.
An Act for securing Boats and other small Craft and for preventing any Persons going out of any Harbour, River or Creek with such Craft without Licence.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That no person or persons shall under any pretences whatever depart from any port, harbour, bay, creek, river, or any other place whatever within this State in any boat, skiff, canoe or any other small craft, without liberty in writing first had and obtained from one or more of the selectmen of the town from whence such person or persons would depart.
And it is further enacted and resolved, That the selectmen belong- ing to the several towns on the sea coast within this State be and they are hereby impowered and directed to cause said small craft belonging to their respective towns to be drawn up in some convenient place or places as to them shall seem meet, who are to take such measures properly to secure them as the circumstances of the case may require.
And it is further enacted by the authority aforesaid, That if any person or persons whatever shall presume contrary to the true intent and meaning of this act to depart from any port, harbour, bay, creek, river or any other place on the sea coast, in any such boat, skiff, canoe or other small craft as aforesaid, without such liberty first had and obtained of the selectmen or any one of them as aforesaid, such person or persons shall on conviction thereof before any one assistant or justice of the peace pay a fine to the treasury of the town where
4
103
OF CONNECTICUT.
1776.]
such conviction shall be had, according to the nature and circum stances of the offence, not exceeding forty shillings.
Whereas the article of Salt is much wanted in this State and the importation thereof is rendered extremely difficult and uncertain, it is judged necessary that due encouragement should be offered to the manufacture thereof within this State,
It is therefore resolved by this Assembly, That a bounty of two shillings shall be paid out of the public treasury of this State upon each bushell of good merchantable salt that shall be manufactured out of sea or natural salt water within this State from and after the first day of January, 1777, and before the first day of January, A.D. 1779; which bounty shall be in lieu of the one shilling bounty offered by this Assembly in October last to the manufacturer of salt as aforesaid ; and the maker of such salt producing a certificate under the hands of the selectmen of the town where the salt was manufactured of the quantity so made shall receive said bounty, and the Treasurer is hereby directed to pay the same to the respective manufacturers accordingly : Provided nevertheless, that no person or persons within this State shall take advantage of this resolve and also of the respective premi- ums they are or may be entituled to by virtue of a resolve of this Assembly passed in their sessions in May last granting a particular premium to the respective manufacturers of the four first five hundred bnshells of salt in this State.
And it is further resolved, That no person or persons shall receive a certificate of the said selectmen for any salt by him or them so manufactured as aforesaid till he or they have taken the following oath before some assistant or justice of the peace viz :
You A. B. do swear by the ever living God, that the salt by you nou exhibited was manufactured by you since the first day of January A.D. 1777, ont of sea or natural salt water within this State, and that you have not received any bounty or premium or any certificate for the salt by you now exhibited to us or any part thereof: So help you God.
An Act in Addition to an Act entituled An Act for licencing and regulating Houses of Public Entertainment or Taverns and for suppressing unlicenced Houses.
Whereas there is great complaint that innholders, taverners and common victuallers in this State demand of travellers, waggon or other carriage drivers unreasonable and extraordinary prices for victuals, forage, liquors and refreshments,
Be it therefore enacted by the Governor, Council and Representa- tives, in General Court assembled, and by the authority of the same, That the civil authority, selectmen, constables and grand-jurors, of the several towns in this State at their meeting to be holden on the first Monday of January annually according to law, or at such other time as they shall appoint, be and they are hereby authorized and directed to enquire into the prices demanded and received by such taverners and victuallers in their respective towns for any of the articles
104
PUBLIC RECORDS
[ December,
aforesaid, and to consider, regulate, limit and state a reasonable sum and price, according to the circumstances of the case, which may be demanded and taken by such taverner or vietualler for any of the said articles. And it shall be the duty of such civil authority, selectmen &c., to make out and deliver such taverner and vietualler a state and list of the prices by them regulated and limited as aforesaid, which list or a copy thereof shall be set and kept by such taverner or victu- aller in fair view on the walls of the bar or most frequented room of such house.
And be it further enacted, That said authority, selectmen, consta- bles and grand-jurors be and they are directed at such meetings and on all proper occasions, to exert their utmost endeavours and influence with such taverners and others to enforce the provisions of the laws for regulating such taverns or licensed houses and all other laws of this State for suppressing vice, immorality and oppres- sion, and not to nominate any person for taverners or innholders who have not carefully observed the laws respecting them, and who are not persons of sober and virtuous conversation.
Aud be it further enacted, That if any such innholder, taverner or common victualler, having received such state and list of prices as aforesaid or due notice thereof, shall refuse or neglect to conform thereto and to the directions of this act, or shall demand and receive more for any such article or thing than is stated and limited as afore- said, such person so offending on conviction before any assistant or justice of the peace of such town shall forfeit and pay a sum not ex- ceeding ten nor less than three shillings for each offence, one half to him who shall complain and prosecute to effect, if a common informer, and the other half to the town treasury; and when the complaint shall be by an informing officer the whole penalty shall belong to the town treasury. And all informing officers are required to make pre- sentment of all breaches of this act.
Whereas it is apprehended the distilling of spirituous liquors from grain will occasion a scarcity of bread in this State.
Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That no person or persons whatsoever within this State shall distill any spirit- uous liquor of any kind from wheat, rye or indian corn, at any time before the rising of this Assembly in May next, excepting such grain as is already so far in the works as to render the same unfit for bread, on penalty that the person or persons who shall be guilty of a breach of this act and duly convicted thereof before any court proper to try the same shall forfeit fourfold the value of such grain so distilled ; one half to the treasury of the town in which such offence is com- mitted, and the other half to the person who shall prosecute the same to effect if presented by a common informer. And all informing officers are hereby directed to make due presentment of all breaches
105
OF CONNECTICUT.
1776.]
of this act, in which case and on conviction the whole forfeiture afore- said shall belong and be paid unto such town treasury as aforesaid.
It being represented to this Assembly by the Treasurer of this State, that the public treasury thereof is at present nearly exhausted, and that there are pressing demands for large sums of money, particu- larly to pay the additional premiums of ten pounds granted by this Assembly to the soldiers inlisting into either of the eight continental battalions now raising in this State, and said demands cannot be otherwise satisfied,
It is therefore enacted and resolved by this Assembly, That the Treasurer of this State be and he is authorized and directed forth- with to make and execute notes or bills under his hand and office to the amount of sixty thousand pounds in the whole in equal sums of ten pounds each, payable to the possessor or bearer at or before the end of three years, with interest at the rate of four per cent. per an- num, and to bear date on the day and year the same shall be issued and paid out according to the provisions of this act and according to law; the said notes to be made in the same manner and of the same form and tenor with the notes ordered to be issued by said Treasurer in and by an act passed by this Assembly in their present session, entituled An act for establishing a loan office in this State, exclusive of those latter words in said form, riz : Having received said principal sum of A. B. for the use of suid State. And the said notes shall be registered and the Treasurer chargeable therewith in the same man- ner as in and by said act is provided.
And it is further resolved and ordered, That said Treasurer pay and deliver out said notes to the officers of said eight battalions in lieu of bills of credit of this or continental emission, according to the regular drafts which are or may be made on him or in discharge of other proper and lawfull orders.
And it is further resolved and enacted by this Assembly, That the possessor or bearer of such notes shall be entituled to receive out of the treasury of this State the sum and sums therein promised at or before the expiration of the period therein set and limited according to the orders and directions of this Assembly.
And be it further resolved and enacted, That any person altering, forging or counterfeiting any of said notes, or aiding or assisting therein, or uttering the same knowing the same to be so altered &c. shall incur and suffer the same pains, penalties and forfeitures as by said act is provided against altering, forging or counterfeiting any of the notes therein mentioned, or uttering the same knowing them to be so altered &c. as in said act is mentioned.
Always provided, That the said sum of sixty thousand pounds ordered by this act to be issued in notes by said Treasurer shall be in lieu of so much and considered and computed as part of the sum ordered and directed by said aet to be loaned and borrowed; anything in said act for establishing said loan office notwithstanding.
106
PUBLIC RECORDS
[ December,
Whereas the Commissioners of the four New England States have lately taken into consideration the importance of speedily raising and compleating their several quotas of the continental army, and have judged it reasonable to give a liberal encouragement to such as shall freely and speedily undertake in this service for the defence of them- selves and country against the most grievous and lasting oppression, not doubting but by the blessing of God on our ri[gh]teous cause we may be able to repel the invasion of our enemies and secure the rights and liberties of America, have therefore unanimously agreed upon the following bounties and encouragements, viz : That each non-commis- sioned officer and soldier shall have and receive ten pounds in addition to the premium given by the Honble Congress, and also one good blanket annually or in lieu thereof three dollars, and that they shall be supplied while in eamp with all the articles of cloathing and re- freshments which they may want at the prime cost in the several States without any addition for expence of transportation.
This Assembly taking the matters aforesaid into consideration and willing to give reasonable and sufficient encouragement to all able volun- tiers to engage in this most important service have and do therefore re- solve, order and grant, That all able-bodied effective non-commission officers and soldiers, who have already or shall speedily inlist into either of the eight battalions ordered by this Assembly in October last to be raised in this State, for the term of the present war, or for the term of three years from their inlistment unless sooner discharged, shall be entituled to and shall have and receive the said additional premium of ten pounds and all the other encouragements before men- tioned in addition to the premium, wages and encouragement offered and given by said Honble Continental Congress.
And it is further resolved, That all who have already or shall in- list into either of the four battalions ordered by this Assembly in November last to be raised untill the 15th of March next may have free liberty to inlist into either of said eight battalions and shall be entituled to the same premiums and every encouragement aforesaid, the forty shillings premium allowed for inlisting into said four bat- talions being considered as parcell of said additional ten pounds bounty and deducted therefrom, saving and allowing out of said de- duetion at the rate of six pence per diem for every day he or they shall have been inlisted into either of said four battalions. The aforesaid premiums and encouragement are considered by this Assem- bly and the New England States equal to the utmost reasonable wish of any friend to his country.
An Act for granting a Bounty to the Militia and stating their Wages when called into actual Service.
Be it enacted by the Governor, Council and Representatives, in Gen- eral Court assembled, and by the authority of the same, That whenever the militia of this State shall be called into service for any time less than two months that the officers and soldiers be allowed and paid the
107
OF CONNECTICUT.
1776.]
same wages and rations that those of equal rank in the continental army are allowed and paid.
And it is further enacted and resolved, That when said militia shall be called out as aforesaid for a term more than two and not ex- ceeding four months, that then the non-commissioned officers and soldiers be paid a bounty of twenty shillings; and when the term of their service as aforesaid shall amount to five and shall not exceed six months, that the non-commissioned officers and soldiers be paid a bounty of forty shillings, in either case over and above the contin- ental pay and rations : Provided always, that they voluntarily inlist themselves into such services, otherwise that they have and receive the continental wages and rations only, without any bounty as aforesaid.
Whereas the raising and supplying the continental army with the quota assigned to this State requires our utmost exertion and not having moneys from the Continental Congress in any measure ade- quate for that purpose; and whereas by order of the Congress a loan office is established in each of the United States to receive in such monies as may be offered for loan, and John Lawrence, Esq", the Treasurer of this State, is appointed Commissioner to superintend such loan office, to receive in such monies as may be offered here, but the proper certificates are not received by him by which he may be enabled to secure such persons who may lodge the same:
Whereupon it is resolved, That the said John Lawrence, Esq", be and he is hereby impowered and directed immediately to issue out his proclamation giving notice to all persons disposed to bring in such moneys as they may be inclined and lodge the same in his loan office aforesaid, and thereupon to give his receipt in behalf of this State for such moneys he shall so receive therein, promising and assuring such person or persons so lodging their moneys respectively to produce to him or them such continental certificates or assurances as by them ordered, otherwise that this State will stand liable and accountable to each and every person for the respective sums by him or them lodged as aforesaid with the interest thereon according to and by the time limited by the resolve of Congress. And the said John Lawrence, Esq', is hereby directed to pay out and deliver such sum or sums of the moneys so lodged as aforesaid according to the orders of this Assem- bly or the Governor and Council of Safety from time to time, for which the said John Lawrence, Esq", shall be fully indemnifyed by this State. The form of which security shall be as follows, viz :
Received of A. B. of H. in the State of the sum of
by him lodged in this office for the use of the United States in America, for which I do hereby promise and engage for and in behalf of the State of Connecticut to procure and deliver to him the said A. B. within a reasonable time a continental certificate for the same sum securing the payment thereof within three years from the date hereof and the interest thereof at four per cent. annually according to the resolve of Congress
108
PUBLIC RECORDS
[December,
thereon passed the third day of October, 1776, or on failure thereof to pay unto the said A. B. said sum by him lodged as aforesaid within three years from the date hereof and the interest thereof at the rate of four per cent. annually till the principal be paid. Dated at Hartford this day of A.D. 177 .
Resolred by this Assembly, That the wages of the militia officers and soldiers that have marched from time to time for the relief of any place within this State shall while on their march or in actual service be allowed after the same rate that the troops stationed upon the sea coast the current year had and do receive by order of this Assembly, and that they shall each be allowed and paid the sum of one shilling and six pence per day while mustering or on their march to and from the place of their destination in lieu of all expence for their own sup- port excepting only when they receive public provision ; and the Com- mittec of the Pay-Table are hereby directed to adjust the pay-rolls and accounts of such expences attending such marches accordingly ; and the commanding officers at the several places of their destination and selectmen of the several towns who have or shall deliver out of the public stores to such militia companies any accoutrements or quanti- ties of powder and ball shall forthwith lodge the receipts taken there- for, or other proper evidence of the same, with the Pay-Table, who shall in case said accoutrements, powder and ball are not returned or paid for to the acceptance of said commanding officer or selectmen or inevitably lost, appearing by certificate from them, deduct the value thereof from the sum found due to such company, and the said selectmen shall receive such sum so deducted out of the public treas- ury by order drawn therefor by said Committee of Pay-Table or the same quantity again out of any of the public stores belonging to this State upon application by them made therefor.
Whereas this Assembly are informed that our enemies are endeav- ouring to penetrate through the State of New Jersey to the city of Philadelphia, and that the inhabitants of Pensylvania are roused and animated and collecting to join General Washington with resolu- tion to resist them; that General Lee is following the enemy with a large body, and fair and hopefull prospect presents itself of cutting off and destroying them between two fires, in case General Lee could be suddenly reinforced, and there seems to be a spirit rising in this and all the United States to exert themselves to put a stop once and forever to the cruel ravages of our unnatural foes: This Assembly, ardently desirous to cherish and promote the spirit and zeal that seems to be exerting itself and increasing, do therefore earnestly move, call upon and invite any and all able-bodied men in the State on the west of Connecticut River, chearfully to spring forward and offer themselves for the service of their country on this great occasion, and that such voluntiers forthwith form themselves into companies and
109
OF CONNECTICUT.
1776.]
enroll their names, from forty-five to sixty men each company, and immediately choose their own officers for such companies, that is, one captain, one lieutenant and one ensign, and march forward toward Peekskill with all possible expedition, and the officers shall receive their commissions on the road from some of the field officers. They are to carry as much provision as they can conveniently, and shall receive of their captains to the amount of twenty shillings each to assist them on their march, and shall have the same generous pay and wages as have been given by this Assembly. They shall be formed into several battalions under the most generous-spirited and humane field officers, headed by a brigadier general of the same dis- position, and lead to the relief of their country ; and there is great hope that a speedy exertion will be crowned with happy and glorious suc- cess. They shall not be holden more than two months, unless their own zeal, ardor and consideration of the circumstances of the army and love for their country shall incline them to continue longer in the service, and it is hoped they may be released much earlier. Sufficient provision will be made for their subsistance on their march, and they may be much and generally sheltered in houses &c. in the Jersies. And may the God of armies inspire the good people with zeal and resolution on this most interesting and hopefull occasion.
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