The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive, Part 26

Author: Connecticut; Council of Safety (Conn.); Connecticut. General Assembly; Providence (R.I.). Convention (1776-1777); Springfield (Mass.). Convention (1777); Hartford (Conn.). Convention. (1779); Philadelphia. Convention (1780); Boston. Convention (1780); Hartford (Conn.). Convention (1780); Morgan, Forrest, 1852-; Labaree, Leonard Woods, 1897-; Hoadly, Charles J. (Charles Jeremy), 1828-1900
Publication date: 1894-<1997 >
Publisher: Hartford : Press of the Case, Lockwood & Brainard Co.
Number of Pages: 674


USA > Connecticut > The public records of the State of Connecticut, from October 1776 to Ferbruary 1778, inclusive > Part 26


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221


OF CONNECTICUT.


1777.]


Mr. John Jenkins, Mr. Isaac Tripp, for Westmoreland .* Titus Hosmer, Esq", Speaker,


Benjamin Huntington, Esq", Clerk, of the House of Representatives.


This day being appointed by the laws of this State for the Elec- tion of the public officers of the same, viz : Governor, Deputy Gov- ernor, Assistants, Treasurer, and Secretary, proclamation was made in manner accustomed, and then the votes of the freemen were given in to the persons appointed by the Assembly to receive, sort and count them, and to declare the names of such persons as shall be chosen to any of the forementioned offices according to law ; which persons so appointed were : Jabez Hamlin, Jabez Huntington, William Pitkin, Samuel Huntington, William Williams, Esq's, Colo. John Pit- kin, Mr. John Treadwell, Mr. Joseph Hopkins, Mr. James Beard, Mr. Rufus Lathrop, Capt. Samuel Gale, Maj' Elijah Abell, Mr. Lemuel Sanford, Mr. Nathaniel Wales, Mr. Constant Southworth, Mr. Andrew AAdams, Mr. John Canfield, and Mr. Isaac Tripp, who were all sworn to a faithfull discharge of that trust.


And the votes of the freemen being brought in, sorted and counted,


His Excellency Jonathan Trumbull, Esq", is chosen Governor of this State for the year ensning.


The Honde Mathew Griswold, Esq", is chosen Deputy Governor of this State for the year ensuing.


Jabez Hamlin, Esq", Elisha Sheldon, Esq', Eliphalet Dyer, Esq", Jabez Huntington, Esq", William Pitkin, Esq', Roger Sherman, Esq", Abraham Davenport, Esq', Joseph Spencer, Esq", Oliver Wolcott, Esq', Samuel Huntington, Esq", Richard Law, Esq", and William Williams, Esq', were chosen Assistants for the year ensuing.


John Lawrence, Esq", is chosen Treasurer of this State for the year ensuing.


George Wyllys, Esq', is chosen Secretary of this State for the year ensuing.


The Governor's oath prescribed by the law of this State was duly administered to his Excellency Jonathan Trumbull, Esq", now chosen Governor of the State of Connecticut, who thereupon took the Gov- ernor's chair.


The Deputy Governor's oath prescribed by the law of this State was duly administered to the Honble Mathew Griswold, Esq", now chosen Deputy Governor of this State, who thereupon took the Dep- uty Governor's chair.


The Assistants' oath prescribed by the laws of this State was duly administered to Jabez Hamlin, Elisha Sheldon, Eliphalet Dyer, Jabez


* Samuel Barker was also returned as a Deputy for Branford, Nathaniel Olm- sted for Ridgefield, Nathan Frink for Pomfret, and Capt. Abiel Camp for Salisbury. Roll in Rer. War, VII, 4.


222


PUBLIC RECORDS


[May,


Huntington, William Pitkin, Abraham Davenport, Samuel Hunting- ton, Oliver Wolcott, Richard Law, and William Williams, Esqrs, now chosen Assistants over this State, who thereupon took their seats at the Council Board.


The Treasurer's oath prescribed by the law of this State was duly administered to John Lawrence, Esq', now chosen Treasurer of this State.


The Secretary's oath prescribed by the law of this State was duly administred to George Wyllys, Esq', now chosen Secretary of this State.


Ordered, That the Hondle Jabez Huntington, Esq', and Colo. William Worthington return the thanks of this Assembly to the Revd Mr. John Devotion, for his sermon preached before them on the eighth day of May instant, and desire a copy of the same that it may be printed.


This Assembly do appoint the Honble Mathew Griswold, Esq', to be Chief Judge of the Superior Courts in this State the year ensuing.


This Assembly do appoint Eliphalet Dyer, Roger Sherman, William Pitkin and Samuel Huntington, Esq's, to be Judges of the Superior Courts in this State the year ensuing.


This Assembly do appoint Jabez Hamlin, Esq', to be Judge of the County Court in and for the county of Hartford the year ensuing.


This Assembly do appoint Elihn Chauncey, Esq', to be Judge of the County Court in and for the county of New Haven the year ensuing.


This Assembly do appoint Richard Law, Esq', to be Judge of the County Court in and for the county of New London the year ensuing.


This Assembly do appoint Abraham Davenport, Esq", to be Judge of the County Court in and for the county of Fairfield the year ensuing.


This Assembly do appoint William Williams, Esq", to be Judge of the County Court in and for the county of Windham the year ensuing.


This Assembly do appoint Oliver Wolcott, Esq', to be Judge of the County Court in and for the county of Litchfield the year ensuing.


This Assembly do appoint John Jenkins, Esq', to be Judge of the County Court in and for the county of Westmoreland the year ensning.


This Assembly do appoint Joseph Talcott, Esq', to be Judge of the Court of Probate for the district of Hartford the year ensuing.


This Assembly do appoint John Watrous, Esq', to be Judge of the Court of Probate for the district of East Hadam the year ensuing.


This Assembly do appoint Jabez Hamlin, Esq', to be Judge of the Court of Probate for the district of Midletown the year ensuing.


This Assembly do appoint Isaac Pinney, Esq', to be Judge of the Court of Probate for the district of Stafford the year ensuing.


223


OF CONNECTICUT.


1777.]


This Assembly do appoint Solomon Whitman, Esq', to be Judge of the Court of Probate for the district of Farmington the year ensuing.


This Assembly do appoint John Owen, Esq", to be Judge of the Court of Probate for the district of Symsbury the year ensuing.


This Assembly do appoint John Whiting, Esq', to be Judge of the Court of Probate for the district of Newhaven the year ensuing.


This Assembly do appoint Gurdon Saltonstall, Esq', to be Judge of the Court of Probate for the district of New London the year ensuing.


This Assembly do appoint Aaron Eliott, Esq", to be Judge of the Court of Probate for the district of Guilford the year ensuing.


This Assembly do appoint Jabez Huntington, Esq", to be Judge of the Court of Probate for the district of Norwich the year ensuing.


This Assembly do appoint Charles Phelps, Esq", to be Judge of the Court of Probate for the district of Stonington the year ensuing.


This Assembly do appoint Jonathan Sturgis, Esq', to be Judge of the Court of Probate for the district of Fairfield the year ensuing.


This Assembly do appoint Abraham Davenport, Esq', to be Judge of the Court of Probate for the district of Stamford the year ensuing. This Assembly do appoint Joseph Platt Cook, Esq", to be Judge of the Court of Probate for the district of Danbury the year ensuing.


This Assembly do appoint William Williams, Esq", to be Judge of the Court of Probate for the district of Windham the year ensuing.


This Assembly do appoint Jabez Fitch, Esq", to be Judge of the Court of Probate for the district of Plainfield the year ensuing.


This Assembly do appoint Ebenezer Williams, Esq", to be Judge of the Court of Probate for the district of Pomfrett the year ensuing.


This Assembly do appoint Oliver Wolcott, Esq', to be Judge of the Court of Probate for the district of Litchfield the year ensuing.


This Assembly do appoint Caleb Hall, Esq', to be Judge of the Court of Probate for the district of Wallingford the year ensuing.


This Assembly do appoint Daniel Sherman, Esq', to be Judge of the Court of Probate for the district of Woodbury the year ensuing.


This Assembly do appoint Joshua Porter, Esq', to be Judge of the Court of Probate for the district of Sharon the year ensuing.


This Assembly do appoint Nathan Denison, Esq', to be Judge of the Court of Probate for the district of Westmoreland the year ensuing.


This Assembly do appoint William Wolcott, Seth Wetmore, Samuel Talcott, and Erastus Wolcott, Esqrs, to be Justices of the Peace and Quorum in and for the county of Hartford for the year ensuing.


This Assembly do appoint George Wyllys, Joseph Talcott, John Pitkin, Benjamin Payne, John Lawrence, Thomas Seymour, Oliver Elsworth, Jesse Root, George Pitkin, Benjamin Colton, Elisha Wil- liams, Solomon Wells, Thomas Belding, John Chester, Silas Dean,


224


PUBLIC RECORDS


[May,


Henry Allyn, Roger Newberry, Nathaniel Chauncey, Mathew Talcott, Titus Hosmer, Joseph Clark, Solomon Whitman, Jared Lee, Selah Hart, Isaac Lee jun', Stephen Hotchkiss, John Owen, Judah Hol- comb, Hezekiah Humphry, Oliver Humphry, Asahel Holcomb, Joseph Wells, Jabez Brainerd, Joseph Brooks, William Wells, Elizur Talcott, Jonathan Wells of Glastonbury, Alexander King, John Leavitt, Jabez Chapman, Dyar Throop, Samuel Huntington, Epaphras Lord, John Watrous, Daniel Foot, Peter Bulkley, Henry Champion of Colchester, John Phelps, Samuel Gilbert, Ephraim Terry, Edward Collins, Ben- jamin Taleott, Thomas Pitkin, Joel White, Samuel Cobb, Samuel- Chapman, Isaac Pinney, Daniel Alden, Abner Barker, Moses Holmes, David Sage, Nathaniel Freeman, Ebenezer White, Reuben Sikes, Peletiah Mills, Neziah Bliss, John Harmon jun", David Barber, Noadiah Hooker, John Tredwell, Ichabod Norton, John Curtiss, Daniel Humphry, John Chapman, Elias Worthington, Daniel Els- worth, jun", Seth Dwight, and Jonathan Wells 2ª of Hartford, Esqrs, to be Justices of the Peace in and for the county of Hartford the year ensuing.


This Assembly do appoint Samuel Bishop jun", James Wadsworth jun", Samuel Barker, and Joseph Hopkins, Esqrs, to be Justices of Peace and Quorum in and for the county of New Haven the year ensuing.


This Assembly do appoint Elihu Chauncey, Daniel Lyman, John Whiting, Samuel Hemingway, William Greenough, Eneas Munson, Caleb Beecher, Lamberton Smith jun", John Fowler, Ephraim Strong, Gideon Buckingham, James Beard, Charles French, John Daviss, Eliphalet Hotchkiss, Thomas Clark, Thomas Mathews, Timothy Judd, Jonathan Baldwin, Samuel Lewiss, Phineas Rice, Aaron Lyman, Dan Johnson, Reuben Atwater, Samuel Beach, Nathaniel Ruggles, John Burgess, Samuel Brown, Timothy Todd, Oliver Dudley, Timothy Hill, Josiah Rogers, James Barker, Ebenczer Russell, David Austin, Thomas Mansfield, Edward Russell, John Dibble, Bezaleel Munson, and Caleb Hall, Esqrs, to be Justices of the Peace in and for the county of New Haven the year ensuing.


This Assembly do appoint Samuel Coit, William Hillhouse, Elisha Lathrop, and William Noyes, Esqrs, to be Justices of the Peace and Quorum in and for the county of New London the year ensuing.


This Assembly do appoint Gurdon Saltonstall, Jonathan Latimer, John Hemsted, Joshua Raymond, Winthrop Saltonstall, William Whiting, Ebenezer Hartshorn, Elisha Fitch, Simon Tracy, Benjamin Huntington, Elijah Barker, John Shipman, Christopher Leffingwell, Samuel Tracy, Rufus Lathrop, Nehemiah Huntington, Samuel Leffing- well jun', Samuel Mott, Benjamin Coit, Robert Crary, Roger Sterry, John Tyler, John Williams, Charles Phelps, Paul Wheeler, Nathaniel Minor, Stephen Babcock, Joseph Palmer, Jonathan Palmer, William


225


OF CONNECTICUT.


1777.]


Williams, Nathan Smith, William Avery, Benadam Gallop, Robert Geer, Ebenezer Ledyard, Thomas Mumford, David Avery, Samuel Ely, John Lay 2ª, Samuel Holden Parsons, Eleazer Mather, Richard Wait, Ezra Selden, Hezekiah Whittlesey, Benja. Williams, Justus Buck, William Worthington, Samuel Field, Aaron Eliott, John Pier- son, Hezekiah Lane, Guy Richards, Nathaniel Shaw jun', Marvin Wait, Jonathan Huntington, Jabez Perkins, Jeremiah Halsey, Moses Warner, George Eliott, Theophilus Morgan, and Daniel Bishop, Esq's, to be Justices of the Peace in and for the county of New London the year ensuing.


This Assembly do appoint Samuel Addams, Robert Fairchild, Joseph Platt Cook, and Andrew Rowland, Esqrs, to be Justices of the Peace and Quorum in and for the county of Fairfield the year ensuing. This Assembly do appoint Daniel Judson, Daniel Fairchild, David Wilcoxson, Joseph Strong, Gold Selleck Silliman, Samuel Squire, Nathan Bulkley, Jonathan Sturges, Thaddeus Burr, Abraham Andrews, Samuel Wakeman, Thomas Fitch, Thaddeus Betts, Mathew Mead, Thomas Youngs, Charles Webb, Benjamin Weed, David Waterbury jr, Peter Mcad, John Mead, Messenger Palmer, Amos Mead, David Wood, Samuel Olmsted, Philip Burr Bradley, Daniel Cooley, John Read, Lemuel Sanford jun", William Hawley, Samuel Taylor, Thaddeus Benedict, Daniel Taylor, Nehemiah Beardsley, Thomas Brush, Ephraim Hubbell, Alexander Stewart, Zacheus Tow- ner, John Chandler, Caleb Baldwin, Henry Peck, Samuel Whiting, Elisha Mills, Abraham Brinsmade, Stephen Burroughs, John Judson, George Burr, Gershom Hubbell, Increase Bradley, Nathaniel Bene- dict, Clapp Raymond, Daniel Betts jun', Samuel Cook Silliman, Stephen St. John jun', Abraham Weed, John Davenport jun", John Hait jun', John Benedict, and Eli Mygatt, Esqrs, to be Justices of the Peace in and for the county of Fairfield the year ensuing.


This Assembly do appoint Jabez Botsford, Esq', to be a Justice of the Peace in and for the county of Fairfield the year ensuing.


This Assembly do appoint Jabez Fitch, Joshua West, Ebenezer Williams, and Ebenezer Devotion, Esqrs, to be Justices of the Peace and Quorum in and for the county of Windham the year ensuing.


This Assembly do appoint Samuel Gray, Jedidiah Elderkin, Na- thaniel Wales jun', Jacob Simons, Hezekiah Manning, John Clark, Jonathan Trumbull jun", James Pineo jun', James Bradford, Elias- hib Adams, David Payne, Thomas Williams, John Grosvenor, Samuel Craft, Nathan Frink, Joseph Storrs, John Salter, Constant South- worth, Jacob Dresser, Bryant Brown, William Danielson, Thomas Moffatt, Phinehas Strong, Ephraim Root, Abraham Burnap jun", Elijah Whiton, Benjamin Sumner, Robert Dixon, Samuel Stewart, James Gordon, Samuel Childs jun", Jedidiah Morse, Charles C. Chandler, Abner Sessions, and Solomon Wales, Esq's, to be Justices of the Peace in and for the county of Windham the year ensuing.


15


226


PUBLIC RECORDS


[May,


This Assembly do appoint Increase Mosely, Daniel Sherman, Joshua Porter, and Samuel Canfield, Esqrs, to be Justices of the Peace and Quorum in and for the county of Litchfield the year ensuing.


This Assembly do appoint Jacob Woodruff, Isaac Baldwin, David Welch, Reuben Smith, Andrew Adams, Daniel Everet, Benjamin Hinman, Gideon Walker, Thomas Warner, Edward Hinman, Bushnel Bostwick, Samuel Bostwick, Joseph Ruggles, William Cogswell, Abel Hine, John Ransom, Daniel Lee, Nathan Eliott, Ephraim Hubbell jun', Daniel Griswold, Joseph Lord, John Canfield, John Hutchinson, Charles Burrall, Elisha Baker, Samuel Forbes, Thomas Russell, Heman Swift, Thomas Porter, Samuel Nash, Ebenezer Norton, John Cook, Epaphras Sheldon, Abijah Catlin, Daniel Catlin, Mathew Gil- lett, Zebulon Merrell, Michael Humphry, Giles Pettibone, Nehemiah Andrews, Hezekiah Fitch, Seth Smith, and Jethro Hatch, Esqrs, to be Justices of the Peace in and for the county of Litchfield the year ensuing.


This Assembly do appoint Zebulon Butler, Nathan Denison, Chris- topher Avery, and Obadiah Gore, Esqrs, to be Justices of the Peace and Quorum in and for the county of Westmoreland the year ensuing.


This Assembly do appoint John Jenkins, William Judd, Uriah Chapman, Asaph Whittlesey, Caleb Bates, and William McShankan, Esqrs, to be Justices of the Peace for the county of Westmoreland the year ensuing.


This Assembly do appoint John Felch to be Surveyor of Lands in and for the county of Windham.


This Assembly do appoint John Jenkins jun' to be Surveyor of Lands for the county of Westmoreland.


[An Act prescribing and enjoining an Oath of Fidelity to this State.


Whereas this State and the rest of the United States in America are become Free and Independent States and have by the unanimous. declaration of their Delegates in the Continental Congress assembled published to all the world such their freedom and independence,


Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That all members of the General Assembly, and all officers civil and military, and freemen of this State, shall take the following oath, viz :


You A. B. do swear by the name of the ever living God that you will be true and faithfull to the State of Connecticut as a free and in- dependent State, and in all things do your duty as a good and faithfull subject of the said State in supporting the rights, liberties and privileges of the same : So help you God.


And be it further enacted by the authority aforesaid, That when said oath shall be administered to any of the people called Quakers, it shall be by way of affirmation ; and that no person shall execute


227


OF CONNECTICUT.


1777.]


any office civil or military, or give their vote or suffrage for the same, after the first day of September next, unless such person shall have first taken said oath, if thereto required by proper authority. And it. shall be the duty of the authority administering such oath, to give a certificate thereof, and the names of the persons to whom the same hath been administered shall be enrolled in the town-clerk's office in the same manner as the names of freemen are enrolled. Provided nevertheless, that nothing in this act shall extend to prevent any per- son under the age of twenty-one years, who hath a right by law, from voting for the choice of military officers.


An Act prescribing the Form of an Oath to be taken by the Freemen of this State, and for enjoining the Same on the proper Subjects thereof.


Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That for the future the following form of an oath be and it is hereby estab- lished to be taken and administered to the freemen of this State, viz :


You A. B. being by the providence of God an inhabitant of this State of Connecticut, do swear by the name of the ever-living God, that you will be true and faithfull to the Governor and Company of this State and the constitution and government thereof as a free and inde- pendent State; and whensoever you shall be called to give your vote or suffrage touching any matter which concerns this State, you shall give it as in your conscience you shall judge will conduce to the best good of the same, without respect of persons or favour of any man : So help you God.


And be it further enacted by the authority aforesaid, That no free- man within this State shall be allowed to vote in the election of any of the officers of government untill he has taken the aforesaid oath in open freeman's meeting in the town where he dwells, the said oath to be administered by an Assistant or justice of the peace, and the names of the freemen enrolled ; any law, usage or custom to the con- trary notwithstanding. Provided nevertheless, that where the neces- sity of the case may require it, said oath may be administered by the town-clerk or one of the selectmen.


And be it further enacted, That the act passed by the General Assembly in May last, entituled An act in alteration of an act enti- tuled an act prescribing and establishing the forms of oaths in this Colony, so far only as the same respects the form of an oath for free- men, be and the same is hereby repealed and made void ; and that when the same shall be taken by the people called Quakers, it shall be by way of solemn affirmation.


An Act to prevent Traiterous Conspiracies against this and the United States of America.


Whereas many persons inimical to this and the United States of America do wander from place to place with intent to spy out the state of the Colonies, form traiterous conspiracies against the State,


228


PUBLIC RECORDS


[May,


and give intelligence to the enemies thereof, to the great danger and prejudice of the inhabitants of said State: Therefore,


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 in any character or capacity whatever, except persons well known and esteemed to be friendly to said States, military commission officers on their march to or from the army or in defence of this or the said United States, and soldiers in company with and under the command of such officers, shall be allowed to travel or pass from town to town without a proper permit signed by some Assistant or justice of the peace, general or field officer, selectman or committee of inspection, certifying where the bearer belongs, the place to which he is to travel, and that he is reputed friendly to the United States.


And be it further enacted by the authority aforesaid, That it shall be the duty of every Assistant and justice of the peace, and they are hereby authorized, to examine and seize every suspected person travelling within this State; and all general and field officers, and all other military officers of the army or militia of every rank and order within this State, and every selectman, committee of inspection, constable and grand juryman, are hereby authorized and directed to examine every suspected person travelling in this State, that shall come to their knowledge; and if such person shall not produce a proper certificate, or otherwise satisfy such officer that he or she is friendly to this and the other United States, such officer is hereby authorized and directed with or without a warrant to apprehend such suspected person and cause him or her to appear before the next Assistant or justice of the peace. And all persons are hereby required to afford all necessary assistance therein, (if required by such officer,) under the same penalties as by law is provided for refusing to assist sheriffs and constables in the execution of their office. And if such suspected person apprehended by any Assistant or other officer shall not produce a proper certificate or satisfy such authority that he is friendly to this and the United States of America, such authority is hereby authorized to bind him or her to his or her good behaviour or to commit him or her to goal, there to remain untill de- livered by due order of law as the nature of the case may require. And such Assistant or justice of the peace are hereby authorized to tax all necessary cost occasioned by such examination and grant execution thereon.


An Act in Addition to an Act entituled An Act for apprehending and securing such Inimical Persons as shall be deemed and adjudged dangerous to this State.


Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That all persons confined by force of said act, or by order of this Assembly or by his Honor the Governor and Council of Safety, may at all times be taken in execution for any debt or rate, notwithstanding their


229


OF CONNECTICUT.


1777.]


being confined in either of the ways aforesaid: Provided neverthe- less, that such persons as soon as they shall be discharged from such execution shall be forthwith remanded to the place where they were confined as aforesaid at the time of their being taken in execution, in case the time for which they were so confined shall not then have expired.


An Act for adopting and affixing the Stile, Title or Appellation of the Governor and Commander in Chief of this State for the Time being.


Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That for the future the stile, title or appellation of the Governor or Com- mander in Chief of this State for the time being shall be HIS EXCEL- LENCY; and all publie officers and others within this State in their addresses to the Commander in Chief for the time being are to conform themselves accordingly.


Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That whenever it shall happen that the judge of either of the respective county courts shall be absent out of this State, or be by sickness or otherwise unable to attend the duty of said office, in that case the first of the justices of the quorum in said county who shall be able to attend thereon shall be invested with all the powers and authorities in every matter or thing necessary for the purpose, as the judge of said court by law hath ; any law to the contrary notwithstanding.


An Act in Addition to a Law of this State entitled An Act for making the Town of Westmoreland in this State into a distinct County.


Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same, That all the justices of the peace within the county of Westmoreland, who before the making said aet had rendered judgments in any cases whereof execution yet remains to be done, may and shall, as the case may require, grant executions on such judgments as fully as though they had remained justices of the peace in and for the county of Litchfield, to which they belonged at the time of rendering said judg- ments. And that all actions commenced and yet depending and undetermined in the county of Litchfield wherein there has been no interlocutory judgment, and where both the parties belong to the county of Westmoreland, may and shall be transmitted to and entered in the clerk's office in the county court in the county of Westmore- land; and the county court in said county of Westmoreland are hereby authorized and impowered to take cognizance thereof and proceed thereon as though the same had been originally commenced before said Westmoreland county court.




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