USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 13
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This Assembly do appoint Jacob Woodruff Isaac Baldwin David Welch Reuben Smith Abraham Bradley Daniel Everit, Benjamin Hin- man, Edward Hinman, Benjamin Spees, David Hurd Hezekiah Thom- son, Oliver Parmely Abel Hine Sherman Boardman, Timothy Ruggles Nathan Eliott, Jethro Hatch, Jedidiah Hubbell Justus Sackett, Daniel Griswold, John Canfield David Downes Abiel Camp Lott Norton Charles Burrall, Elisha Baker, Samuel Forbes Nathan Hale Samuel Nash, Ebe- nezer Norton Asaph Hall Elisha Sill Epaphras Sheldon, Shubael Gris- wold Daniel Catlin Cypryan Webster George Catlin Zebulon Merrell Seth Smith Giles Pettibone Hosea Wilcox Dudley Humphry William Cogs- well, John Calhoun Thomas Matthews Timothy Judd Phineas Rice, Thomas Fenn Nehemiah Andrews of Hartland Eleazer Ensign Eliphaz Alvord, Joseph Wilder Elijah Rockwell Heman Swift, Judah Kellogg, John Peirce of Cornwall Edward Rogers & Daniel Everitt of New Milford Esqrs to be Justices of the Peace in and for the County of Litch- field for the Year ensuing.
This Assembly do appoint M' Tapping Rower & M" James Morriss Jr to be Justices of Peace for the County of Litchfield for the Year ensuing.
An Act for repealing several Laws of this State.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the Same, That the sev- eral Laws of this State entituled as follows viz.
An Act for securing Boats and other small Craft for preventing any Persons going out of any Harbour River or Creek with such Craft without Licence,
An Act to prevent traiterous Conspiracies against this and the United States of America,
An Act in addition to an Act entituled An Act for apprehending and Securing such Inimical Persons as shall be deemed and adjudged danger- ous to the State, and also the Act to which the Same is an addition,
An Act to compel the furnishing necessary Supplies and Assistance to the Quarter Master General and Commissary General of Forage of the Continental Army,
An Act more effectually to prevent Illicit Trade and the Several Acts made in addition thereto,
An Act to detect certain Frauds which have been practised by many Persons to screen and Secure themselves from Detachments, and other Personal Military Duties,
An Act to compel the furnishing Provisions and necessary Supplies to the superintending Commissary of Purchases, and their Assistants in this State,
An Act for assessing certain Inimical Persons,
An Act for promoting Commerce, and also all the Acts repealed by said Act be and the same are hereby repealed-
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PUBLIC RECORDS
May.
Provided nevertheless, that any Prosecutions begun and now depend- ing upon any of said Acts shall not be affected thereby, but may be prosecuted to final Judgment and Execution said Repeal notwithstanding.
An Act in alteration of an Act, intituled, An Act for regulating and orderly celebrating of Marriage, and for preventing and punishing incestuous and other unlawfull Marriages.
Be it Enacted by the Governor, Council and Representatives in Gen- cral Court Assembled and by the Authority of the same That the Power and Authority of ordained Ministers by Law authorized to Join Persons in Marriage, shall extend through the County to which they severally belong during the Time they respectively continue the regular Ordained Ministers of any Eclesiastical Society or Town within this State in the same manner as that of Justices of the Peace, any Law or Custom to the Contrary notwithstanding.
An Act in addition to an Act intituled, an Act for the settlement of Testate and intestate Estates.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled, and by the Authority of the same, That for the future the Executor or Executors of any last Will and Testament when the Will shall be proved and approved by the Judge of Probate shall become bound to such Judge and his Successors, with sufficient Surety faithfully to discharge the Duty and Office of an Executor or Executors duely to execute such Will and to Settle such Estate according to Law, and the Provisions of the Will, and on neglect or refusal to give such Bond shall be disabled and disqualified to execute said Office, and there- upon said Judge shall and may appoint some suitable Person or Persons administrator or Administrators cum Testamento annexo which Admin- istrator or Administrators shall have full Power to administer on such Will and Testament giving Bond according to Law.
And be it further Enacted by the Authority aforesaid that the like method may be taken with regard to any Estate now depending and unsettled before any Court of Probate in this State where the Judge of such Court shall suppose the Same to be necessary or expedient, and the Authority of such Executor or Executors shall thence forward cease and determine.
An Act for the Amendment of the Law entituled An Act for laying an Excise on sundry Articles of Consumption within this State .*
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same That the enu- merated Articles on which an Excise of five Per Cent is laid by said Act, shall not extend to any Articles wrought or manufactured in this State.
And be it further Enacted that any Person who shall Sell any of the
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OF CONNECTICUT
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Articles by Law subject to an Excise, without Licence, shall in Addition to the Penalties incurred by said Act pay a fine of six Pounds for every such Offence for the Use of this State, And the Collectors and Deputy Collectors of Excise within their respective Districts, and all other informing Officers are hereby enjoined to enquire after and due pre- sentment make of all the Breaches of this and the aforesaid Act.
An Act in addition to and alteration of an Act Entituled an Act for releiv- ing and ordering of Ideots, Impotent distracted and Idle Persons.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, that in future whenever it shall appear to the respective County Courts upon the liquidation and adjustment of Accounts exhibited to them pursuant to the Provisions of said Act, that the Debts so ascertained shall exceed the Personal Estate of such Ideot distracted or Impotent Person or Per- sons, it shall be lawfull to the said Courts respectively to order the Sale of so much of the real Estate of such Person or Persons as shall be suffi- cient to pay the same with incident Charges of Sale in such manner as shall appear to them most for the benefit of such Estate; which Sales shall be good and effectual in the Law to all Intents and Purposes what- soever any Thing in said Act to the contrary in any wise notwithstanding.
An Act in addition to and alteration of an Act entituled, an Act for order- ing and regulating Fields and Fences.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That when any number of Proprietors have Lands adjoining and so situated that it may be commodious and beneficial for them to Improve said Lands in a com- mon Field, if too third Parts of such Proprietors, accounting their Notes according to their Interest shall agree to Improve such Lands in a Common Field, they are directed to represent the Circumstances thereof to the County Court of that County, and Notify the other Pro- prietors of said Lands living in the same Town to appear before said Court to make Objection if any they have against said Lands being Improved as aforesaid, And on said Proprietors obtaining the appro- bation and allowance of said Court to Improve said Lands as aforesaid the Proprietors and Owners of such Lands are hereby fully Authorized and Impowered to form and Improve said Lands as a Common Field,
Be it further Enacted by the Authority aforesaid That the Propri- etors, of any common Field may by their Major Vote computed as afore- said, agree on the Fee to be paid by the Owner of any Horse Horse kind Neat Cattle or Sheep impounded out of such Common Field and the Sum thus agreed on and Voted in any lawfull Meeting shall be the lawfull Fee to be paid by the owner of such Impounded Creature,
Always Provided it be not more than three shillings for each Horse Horse kind & Neat Cattle and for all Sheep fourpence Per Head.
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PUBLIC RECORDS
May,
An Act for regulating and well ordering the Fishery at the Mouth of Connecticut River.
Whereas destructing the Course of the Fish into Connecticut River is a Public Damage ; which to prevent :
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the Same. That no Person shall hereafter set or draw any Sein or Seins for the Purpose of catching fish from the 15th Day of March to the 15th Day of June annually South of an East & West Line from Saybrook Fort so called, within One Mile and an half East and West on each Side the Mouth of said River except in the Coves called and known by the Name of Lyndes Cove and Griswolds Cove, and except the Proprietors of the Lands on each Side of said River known by the Name of Eastern Point, and Lyndes Point, who shall have an exclusive Right to draw or Improve two Seins at Discretion within the aforesaid Limits in the Waters adjoining their own Lands from Monday Morning at Sunrise until Sunset on Fri- day Evening in each Week and no more, and neither of said Seins shall be of greater length than twenty five Rods.
And be it further Enacted that if any Person or Persons whatsoever shall be Guilty of any Breach of this Act, shall for every such Offence forfeit and pay the Sum of ten Pounds the one half to the Benefit of him or them who shall prosecute the Same to Effect the other half to the Treasury of the County, and shall forfeit the Sein Ropes and other Utensils made Use of for the Catching Fish contrary to this Act.
An Act in addition to a Law entituled an Act for Collecting and paying Rates or Taxes.
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That the Treasurer of this State, in granting Execution against any Collector of State Taxes, from whom Arrears of several Taxes are due, shall include in one Execution as many of such Taxes as Circumstances will admit, therein specifying the Sum due on each and any other Matters respect- ing the Same that may be necessary for directing the Sheriff in the Levy of such Execution.
Resolved by this Assembly That a Tax of two Pence lawfull Money on the Pound in the List of Polls and rateable Estate for the Year 1782 be laid to be paid into the Treasury of this State by the first Day of August next in Gold or Silver Money and the Treasurer is hereby directed to Issue his Warrants to Collect the Same accordingly, And the Money that shall be raised by said Tax is hereby appropriated to the Sole purpose of Supporting Civil Government in this State, And for the releif of the Poor and Indigent one twentieth part of the afore- said Tax may be abated in the Usual manner.
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OF CONNECTICUT
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Resolved by this Assembly That William Pitkin Esq" and MessTs Samuel Lyman Ebenezer Plummer and Ralph Pomeroy be and they are hereby appointed Auditors to Audit adjust and Settle the Public Accounts of this State with the Treasurer and also to receive examine and burn all the Bills of Credit emitted by this State that may be found in the Treasury and to Report to this or the next Session of the General Assembly.
Resolved by this Assembly That Certificates Signed by the Treasurer for Interest become due on any of the Notes Issued on the Credit of this State may be received by the Collectors in payment of any of the State Taxes made Payable in hard Money Since the first Day of October 1781, except those appropriated for the Use of the United States or for the Support of the Civil Government of this State, And that the Secre- tary cause this Resolve to be published in the News Papers.
Resolved by this Assembly that the Treasurer of this State be and he is hereby directed forthwith to procure a Sufficiency of Money to pay and Settle the Debenture of this Assembly by Loan if obtainable and to give his securities therefor on Interest at six Per Cent which shall be by him repaid out of the first Monies that shall be by him received on the 2ยช Tax laid by this Assembly payable the first Day of August next.
Whereas it is Represented to this Assembly that there are a number of the Widows and Families of those Persons who fell by the Hand of the Enemy in Fort Griswold, who are in distressed Circumstances, and have now no where to look for Releif but to the Public,
Resolved by this Assembly that Majr Charles Phelps and Colo James Gordon be and they are hereby appointed a Committee to enquire of the particular State and Circumstances of such who were made Widows in Consequence of the Action of the 6th of Septembr 1781, in Fort Griswold and of their Families their Wants and Distresses, and make Report thereof to this or the next General Assembly, that such further consideration thereon may be had as then under the special Cir- cumstances of the Case may be thought best .*
Whereas in the Course of the late War the Records and Files of the Court of Probate for the District of New London were unfortu- nately consumed by Fire, when the Enemy were at New London in Sep- tembr 1781, Whereby many Persons have lost the Legal Evidence of their Titles and much Injustice may be done to remedy which
Be it Enacted by the Governor Council and Representatives in Gen- eral Court Assembly and by the Authority of the same, That the Judge of Probate for the District of New London for the Time being with the Judge of the County Court for the County of New London or in his
* See below, p. 283.
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PUBLIC RECORDS
May,
absence any two of the Justices of the Quorum for said County be and they are hereby appointed Authorized and Impowered upon application made to them to hear and examine the Evidence in such Way as they shall Judge to be proper and necessary touching any Record File Exhibit or other Paper or Instrument which was lodged in the Office of said Probate Court and concerned the Administration of it, which was burnt or destroyed by the Enemy in September 1781, and after having caused the concerned to be notified if within this State and given reasonable Time for them to be heard, shall proceed and Order such Entries to be made in the Records of said Court of Probate as they shall Judge to be Just and true and conformable to the original Record File Instrument or other Paper destroyed, and the same or an attested Copy thereof shall be Legal Evidence and be admitted as such in the Courts in this State in all Cases where the Original would have been admissible.
Provided nevertheless that any Person affected by such Entries who at the Time of making the Same shall be an Inhabitant in any other State or be absent out of this State, or be a Feme Covert, non Compos Mentis or a Minor under the Age of twenty one Years may contest the Evidence of such Entries by other Proofs at any Time within one Year after their comeing into this State or the removal of their legal Disabilities.
Whereas it is necessary in the settlement of the Business of the late War that the Powers of the Council of Safety be continued for some Time yet to come
Therefore Resolved by this Assembly that the Powers and Authority heretofore given to the Council of Safety of this State, by the General Assembly be and the Same are hereby Continued untill the rising of the Assembly in October next and that the Same Gentlemen who were appointed by this Assembly in May 1782* be and they are hereby appointed to be of the Council of Safety untill the rising of the Assem- bly in October aforesaid.
Resolved by this Assembly that Eliphalet Dyer Esq" Colo Jesse Root and Nathaniel Wales Esqrt be and they are hereby appointed a Com- mittee to consider what Measures may be proper to be taken by this State to obtain releif for the People settled on the Lands West of Delaware River under the Claim of this State and for quieting their Possessions, and whether some Redress cannot be obtained against the Judgment Given by the Commissioners in the Case between this State and the
* Matthew Griswold, William Pitkin, John Chester, Roger Newberry, Joseph Spencer, Joseph Hopkins, James Hillhouse, William Hillhouse, Ebenezer Ledyard, Jeremiah Halsey, Abraham Davenport, Joseph Platt Cook, John Chandler, William Williams, Eliphalet Dyer, Nathaniel Wales, Junior, Oliver Wolcott, Jedidiah Strong, Joshua Porter, Jabez Perkins, and Roger Sherman. See Stote Recs. of Conn., IV, 174, 178. Samuel Huntington was added to the Council of Safety in October, 1782 (ibid., p. 292), and continued to serve as if covered in the present resolution.
t William Samuel Johnson was appointed in October, 1783. to replace Nathaniel Wales, who had . died. Below, pp. 205-6. For the committee report see below, pp. 208-9.
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OF CONNECTICUT
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State of Pensylvania, and also what is Proper to be done to Secure to this State the Benefits of the Lands contained in our ancient Charter, West of the Susquehanna Purchase so called, and make Report to this Assembly at their next Session.
Whereas the United States in Congress Assembled on the 18th Day of April 1783, among other Things Resolved, that as a more convenient and certain Rule of ascertaining the Proportions to be supplied by the States respectively to the Common Treasury, the following Alteration in the Articles of Confederation and perpetual Union between these States be and the Same is hereby agreed to in Congress, and the several States are advised to authorize their respective Delegates to Subscribe and ratify the Same as part of the said Instrument of Union in the Words following viz. "So much of the eighth of the Articles of Confederation and perpetual Union between the thirteen States ofAmerica as is con- tained in the Words following to wit, "All Charges of War and all other Expences that shall be incurred for the common Defence or General Welfare, and allowed by the United States in Congress Assem- bled shall be defrayed out of a Common Treasury, which shall be sup- plied by the Several States in proportion to the value of all Land within each State granted to or Surveyed for any Person, as such Land and the Buildings and Improvements thereon shall be estimated according to such Mode as the United States in Congress Assembled shall from Time to Time direct and appoint, is hereby revoked and made void ; and in place thereof it is declared and concluded the Same having been agreed to in Congress of the United States, that all Charges of War and other expences that have been or shall be incurred for the common Defence or General Welfare and allowed by the United States in Con- gress Assembled, except so far as shall be otherwise Provided for, shall be defrayed out of a Common Treasury, which shall be supplied by the several States in proportion to the whole number of White and other free Citizens and Inhabitants of every Age Sex and Condition includ- ing those bound to Servitude for a Term of Years, and three fifths of all other Persons not Comprehended in the foregoing discription, except Indians not paying Taxes in each State which number shall be triennially taken and transmitted to the United States in Congress Assembled in such mode as they shall direct and appoint. ["]*
It is Resolved and Enacted by this Assembly that the Delegates of this State in the Congress of the United States or any two or more of them be and they are hereby fully Authorized and Impowered on behalf of this State to subscribe and Ratify the afore recited alteration in the eighth of the Articles of Confederation and perpetual Union between the United States of America as a part of the said Instrument of Union.
* See Journals of the Continental Congress, XXIV, 257-261.
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PUBLIC RECORDS
May,
Resolved by this Assembly that there shall be borrowed on the Credit of this State the amount of six hundred and nine Thousand five hundred and Seventy two Pounds lawfull Money on Interest at the Rate of six Per Cent Per Annum, the Interest to be paid in Gold or Silver Money annually and the Principal shall be made payable in like Money within a Term not less than three Years or more than ten Years after the first Day of June 1783, at the option of the Lenders, and the Treasurer of this State is hereby authorized and directed to Issue his Notes for the Payment of any Sums not less than ten Pounds which may be so borrowed to the Persons lending the same accordingly.
Provided always that this State shall be at Liberty to pay the Principal or any part thereof in a shorter Time if the Legislature shall think fit, and that the Monies that shall be borrowed as aforesaid shall be applied for payment of the Principal of the Debts now due from this State or which will become payable on or before the first Day of June 1784.
And it is further Resolved that the Creditors to this State have Lib- erty to Loan their respective Debts as part of the aforesaid Sum to be borrowed, the same being ascertained in hard Money, whether the same be due by Note or otherwise, And all Notes that have been Issued on the Credit of this State shall continue to draw Interest annually untill the State is ready to pay the Principal,
And as a fund for Payment of the Annual Interest of the Monies to be borrowed as aforesaid it is further Resolved that the Tax of two Pence on the Pound on the List of Polls and Rateable Estate for the Year 1782 payable the first Day of Decembr next and in Decembr annually on each Successive List be augmented to six pence on the Pound in Silver or Gold and be and hereby is appropriated and per- petuated for the Payment of the annual Interest of said Debts, until the principal shall be discharged or other permanent Funds be Pro- vided sufficient for the payment of said Interest and the Treasurer is hereby directed to Issue his Warrants for Collecting the Same accord- ingly, And that for the Releif of the Poor and Indigent one twentieth Part of said Tax be abated in the usual manner.
Resolved by this Assembly that Roger Sherman and Richard Law Esqrs be and they are hereby appointed a Committee to revise the Statute Laws of this State, and make such Alterations Additions exclusions and Amendments as they shall Judge Proper and expedient Collecting together into one all the Statutes that have been made upon the Same Subject reducing the whole into one regular System or Code in Alphabetical Order and lay the same as soon as possible before the General Assembly .*
Whereas a number of Soldiers called short Levies who by Peremp- tory Detachment in Years past have Served in the Army of the United
* For the act confirming this revision and consolidation of the laws in 1784 see below, p. 281.
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OF CONNECTICUT
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States for the Term of Six Months and have received no Pay for their Service on account of their having been accidentally omitted in the Returns,
Resolved by this Assembly that upon the said Levies or any of them procuring a Certificate of the Commanding Officers of the Companies in which they respectively Served or producing other satisfactory Evidence of their Service in the Army the length of their respective Tours of Duty, and their having been regularly discharged, that the Committee of Pay Table thereupon receive examine and Liquidate the Accounts of said Levies or any of them for their Wages and Pay, and draw on the Treasurer for such Sums as they shall find due in the Same manner as in Case they had been regularly returned who is hereby directed to execute a proper Security for the said Sums on Interest payable within the Term of two Years with Interest Annually.
Whereas sundry Persons belonging to this State have Mortgaged their real Estate to secure the Payment of Monies to Persons whose Estates have been adjudged forfeited to this State, who represent that by the Casualties of the War and other Accidents are rendered unable to discharge said Mortgages, unless the Debts due and oweing from this State in Gold and Silver could be received in Payment,
Therefore Resolved by this Assembly that any of said Mortgages may be discharged by paying the amount of the Principal and Interest due thereon in Soldiers Notes or any of the Securities of this State, which have been reduced and Liquidated to the Standard of Gold and Silver which now are or shall become due within one Year after the rising of this Assembly, And the respective Administrators on said Estates be and they are hereby Impowered and directed to receive the Same in discharge of said Mortgages and make execute and deliver Quit Claim Deeds of all the Right Title and Estate which this State has in and to said Mortgaged Lands by Virtue of said Forfeiture as afore- said to the Person or Persons so Paying and discharging said Mortgages
Provided nevertheless that where any Suits have been commenced or cost has arisen the Same shall be paid and discharged in Silver or Gold, And also that no Person who shall proceed to any Tryal at Law in any of said Matters and hereafter have a Judgment of Court against him therefor shall receive any Benefit from the Provisions of this Act.
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