USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 2
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FOR NEW HAVEN COUNTY
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Windsor
Willington
Mr. Samuel Dunton
Capt. Joseph Crocker
Capt. John Robbins
Mr. Stephen M. Mitchell
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Capt. Henry Allyn
Mr. Eliakim Marshall
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Wednesday Jany 29th
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Wethersfield
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Durham
Gen1. Jas. Wadsworth
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Capt. Simeon Parsons
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Guilford
Majr. Augustus Collins
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Milford
Mr. Gidn. Buckingham 1
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Mr. David Hall
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Mr. Joseph Hopkins
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Mr. Samuel Lewis /
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NEW LONDON COUNTY
New London
Maj". William Hillhouse / ////X
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Capt. John Deshon
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Groton
Col. Nathan Gallup
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Capt. John Pierson
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Mr. Theophilus Morgan
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Mr. Ezra Selden
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Mr. John Backus
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Mr. Amos Prentice
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Killingworth
Lyme
Mr. John Burgiss
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Capt. Lewis Mallett X X
Col. Street Hall
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Wallingford
Waterbury
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Norwich
Capt. Elisha Lothrop
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Col. Samel. Mott
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Mr. Benja. Coit
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Capt. Samel Shipman
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Majr. Edward Shipman
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Mr. Paul Wheeler
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Mr. Henry Minor
Mr. Hezeh. Hubbel
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Col. Elijah Abel
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Col. Jose. P. Cook
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Col. Eli Mygatt
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Gen1. John Mead
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Greenwich
Capt. Jabez Fitch
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Col. Nehemiah Beardsley
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New Fairfield
Capt. James Potter / 11
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Saybrook
Stonington
FAIRFIELD COUNTY
Fairfield
Preston
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New Town
Majr. Caleb Baldwin
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Mr. Amos Northrup
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Col. Stephen St. John
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Norwalk
Capt. James Richards
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Mr. Lemuel Sanford
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Reading
Mr. Stephen Betts
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Capt. David Olmstead
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Stamford
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Majr. Agur Judson
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WINDHAM COUNTY
Windham
Mr. Timothy Larrabee
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Ashford
Capt. Simeon Smith
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Canterbury
Mr. Daniel Frost
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Capt. David Bowles
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Stratford
Col. Philip B. Bradley
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Ridgfield
Mr. Charles Weed
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Coventry
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Killingly
Col. William Danielson
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Speaker
Lebanon
Mr. Jacob Elliot
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Mansfield
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Mr. Samuel Fox
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Capt. Wm. Dixon
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Pomphret
Mr. Joshua Grosvenor
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Union
Col. James Gordon -
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Voluntown
Mr. Joseph Wyley
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Mr. Asa Lyon
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Woodstock
Capt. Amos Paine X X
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Honble. Col. Wm. Williams
Speaker
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LITCHFIELD COUNTY
Litchfield
Col. Charles Burwell
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Canaan
Mr. Nathan Hale
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Cornwall
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Mr. Daniel Miles
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Capt. Josiah Phelps
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Kent
Majr. Eliazur Curtiss
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New Milford
Capt. Elizur Warner /
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Capt. Michael Mills
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Capt. Isaac Baldwin
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New Hartford
Col. Aaron Austin
Mr. Abel Hine
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Norfolk
Mr. Elijah Grant
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Capt. Joseph Pratt
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Harwinton
Majr. John Sedgwick /
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Capt. Abel Brace
Capt. Geo. Catlin
Capt. Mathw. Gillett
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Wednesday Jany 29th
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Salisbury
Mr. Hezekiah Fitch
Mr. John Canfield X X
Sharon
Capt. David Downs
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Torrington
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Washington
Capt. Thoe. Fenn
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[Watertow]n
Capt. Nath11. Barnes
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Winchester
Mr. Seth Hills
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Woodbury
Col. Increase Moseley
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] Col. Joshua Porter
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WESTMORELAND COUNTY
Westmoreland
Capt. Obediah Gove
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Mr. Jona. Fitch
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Annihilated and out of Sight ;- If what the Court have done, is right .*
11
* On the basis of the sca-to-sca provisions of the Charter of 1662, the Connecticut General Assembly in May, 1771, asserted formal claim to lands west of the Delaware River, now a part of the State of Pennsylvania. In January, 1774, the inhabitants of these lands were constituted a town by the name of Westmoreland. The town was annexed to Litchfield County in May, 1775, but was erected into a separate county by the name of Westmoreland in October, 1775. Public Records of the Colony of Connecticut, XIII, 427-428; XIV, 218; XV, 13; Public Records of the State of Connecticut, I, 7.
Meanwhile Pennsylvania likewise asserted claim to these lands under William Penn's charter of 1681. In 1782, acting in accordance with Article Nine of the Articles of Confederation, Pennsylvania petitioned Congress for the creation of
a commission or court to determine the conflicting claims of the two States. Commissioners were accordingly appointed and directed to meet November 12, 1782, at Trenton, New Jersey, hear the case, and render judgment. On December 30 the commissioners handed down a unanimous decision completely unholding Pennsylvania's claims and rejecting those of Connecticut. The judgment was reported to Congress January 3, 1783. The Connecticut town and county of Westmoreland thereupon ceased to exist as political entities. Journals of the Continental Congress, XXIV, 6-32. News of the decision was published in the Connecticut Journal on January 16, the last day on which the representa- tives of Westmoreland sat in the Connecticut General Assembly.
STATE OF CONNECTICUT
AT A GENERAL ASSEMBLY OF THE GOVERNOR AND COMPANY OF THE STATE OF CONNECTICUT IN AMERICA, HOLDEN AT HARTFORD BY SPECIAL ORDER OF HIS EXCELLENCY THE GOVERNOR ON THE EIGHTH DAY OF JANUARY ANNO DOM 1783.
Present
His Excellency Jonathan Trumbull, Esqr Governor.
The Honorable Matthew Griswold, Esq" Deputy Governor. Jabez Hamlin, Esq™, William Pitkin, Esq™, Roger Sherman, Esq", Abraham Davenport, Esq™,
Joseph Spencer, Esq",
Assistants
Samuel Huntington, Esq",
Richard Law, Esq",
Andrew Adams, Esq™,
Benjamin Huntington, Esq",
Representatives or Deputies of the Freemen of the several Torens are as follow viz-
[At this point occurs a blank in the manuscript, about two pages long, in which it was obviously intended to insert the names of representatives. This was never done. Instead, the pages of the actual check-list of attendance (printed above, pp. 2-11) were placed in the volume just before the first page of the record of this session.]
An Act for the encouragement of Literature and Genius .*
Whereas, it is perfectly agreeable to the Principles of Natural Equity and Justice that every Author should be secured in receiving the profits
* This is the first copyright law ever passed in America. In the fall of 1782 Noah Webster, who was then planning for the publication of the first edition of his famous spelling-book, launched a campaign for copyright protection of authors. During this and subsequent years he travelled as far as South Carolina in the interest of his crusade. The first fruit of his effort was this act of his native state. During the same year, 1783, similar legislation was enacted in Massachusetts, Maryland, New Jersey, New Hampshire, and Rhode Island, the last three in consequence of a resolution of Congress recommending such legislation by the states. State legis- lation was necessary since Congress under the Articles of Confederation had no jurisdiction over this subject. Other states followed and in 1790 Congress, now endowed with authority, passed the first federal copyright act. For all of this, as well as for later legislation on the same subject, Webster was primarily responsible. See Noah Webster, "Origin of the Copy-right Laws in the United States," in Collection of Papers on Political, Literary and Moral Subjects (1843), pp. 173-178; Harry R. Warfel, Noah Webster: Schoolmaster to America (1936), pp. 54-60, 132-135.
14
PUBLIC RECORDS
January,
that may arise from the Sale of his Works, and such security may encourage Men of Learning and Genius to publish their Writings which may do honour to their Country and Service to Mankind-
Be it Enacted By the Governor Council and Representatives in Gen- eral Court Assembled and by the Authority of the same, That the Author of any Book or Pamphlet not Yet printed being an Inhabitant or resident in these United States, and his Heirs and Assigns, shall have the Sole Liberty of Printing publishing and vending the same within this State for the Term of fourteen Years, to commence from the Day of its first publication in this State, And if any Person or Persons within said Term of fourteen Years as aforesaid shall presume to Print or reprint any such Book or Pamphlet within this State or to Import or introduce into this State for Sale any Copies of such Book or Pam- phlet reprinted beyond the Limits of this State or shall knowingly publish vend and utter or distribute the Same without the consent of the Proprietor thereof in Writing Signed in the Presence of two cred- ible Witnesses, every such Person or Persons shall forfeit and pay to the Proprietor of such Book or Pamphlet double the Value of all the Copies of such Book or Pamphlet so printed Imported distributed vended or exposed for Sale, to be recovered by such Proprietor in any Court of Law in this State proper to try the same
Provided nevertheless, that no Author Assignee or Proprietor of any such Book or Pamphlet shall be Entituled to take the Benefit of this Statute untill he shall duely Register his name as Author Assignee or Proprietor with the Title of such Book or Pamphlet in the Office of the Secretary of this State, who is hereby Impowered and directed to enter the Same on Record.
And Be it further Enacted by the Authority aforesaid, That at the expiration of said Term of fourteen Years in the Cases abovemen- tioned, the Sole Right of Printing and disposing of any such Book or Pamphlet in this State shall return to the Author thereof if then living and his Heirs and Assigns for the Term of fourteen Years more to Commence at the end of said first Term, and that all and every Person or Persons who shall reprint Import vend utter or dis- tribute in this State any Copies thereof without the consent of such Proprietor, obtained as aforesaid during said second Term of four- teen Years shall be Liable to the Same Penalties recoverable in the same manner as is herein before Enacted and Provided,
And Whereas it is equally necessary for the encouragement of Learning that the Inhabitants of this State be furnished with usefull Books at reasonable Prices, Be it further Enacted, that when ever any such Author or Proprietor of such Book or Pamphlet shall neglect to furnish the Publick with sufficient Editions thereof, or shall sell the Same at a Price unreasonable & beyond what may be adjudged a suf- ficient compensation for his Labour Time Expence and Risque of Sale the Judge of the Superior Court in this State on Complaint thereof made to him in Writing is hereby Authorized and Impowered to Sum- mon such Author or Proprietor to appear before the next Superior
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OF CONNECTICUT
1783.
Court to be holden in that County where such Author or Proprietor dwells if a resident in this State, if not in that County where such Complainant Dwells; and said Court are hereby authorized and Impowered to enquire into the Justice of said Complaint, and if the same be found true to take sufficient Recognizance and Security of such Author or Proprietor Conditioned that he shall within such rea- sonable Time as said Court shall direct publish and offer for Sale in this State a sufficient number of Copies of such Book or Pam- phlet at such reasonable Price as said Court shall on due Consideration affix: And if such Author or Proprietor shall before said Court neglect or refuse to give such Security as aforesaid the said Court are hereby Authorized and Impowered to give to such Complainant, a full and ample Licence to reprint and publish such Book or Pamphlet in such Numbers and for such Term as said Court shall Judge Just and reason- able, Provided said Complainant shall give sufficient Security before said Court to afford said reprinted Edition at such reasonable Price as said Court shall thereto affix,
And be it further Enacted That any Person or Persons who shall procure and Print any unpublished Manuscript without the Consent and approbation of the Author or Proprietor thereof first had and obtained if such Author or Proprietor be living and resident in or Inhab- itant of these United States, shall be liable to Suffer and Pay to the said Author or Proprietor his Just Damages for such Injury to be recovered by Action brought on this Statute in any Court of Law in this State proper to try the Same.
Provided always that nothing in this Act shall extend to affect Preju- dice or confirm the Right which any Person may have to the printing or publishing of any Book or Pamphlet at common Law in Cases not mentioned in this Act: or to screen from legal Punishment any Person or Persons who may be Guilty of Printing or Publishing any Book Pamphlet or Paper that may be prophane treasonable Defamatory or Injurious to Government Morals or Religion
Provided also that this Act shall not extend or be construed to extend in favour, or for the benefit of any Author or Persons residing in or Inhabitants of any other of the United States untill the State or States in which such Person or Persons reside or dwell shall have passed simular Laws in favour of the Authors of new Publications and their Heirs & Assigns.
An Act for laying an Excise on sundry Articles of Consumption within this State.
Whereas it is necessary in Order to establish Funds for the payment of the Interest, and to support the value and Credit of Public Securities that some Measures be adopted in addition to the ordinary mode of Taxation within this State,
Be it Enacted by the Governor Council and Representatives in General Court Assembled and by the Authority of the [same], That from and after the 20th Day of April next, there shall be paid into this Treasury
16
PUBLIC RECORDS
January,
of this State, and applied to the Uses mentioned in the Act an Excise on all the following Articles Sold by Retail or consumed within this State, as hereafter expressed viz For every Gallon of foreign Wine one Shil- ling, for every Gallon of foreign Brandy eight Pence, for every Gallon of foreign Geneva eight Pence; for every Gallon of West India Rum six pence, for every Gallon of New England or Country Rum four pence, for all other distilled Spirits four pence Per Gallon, for each Pound of Imported Snuff six Pence for each Pound of Bohea Tea six pence for all other kinds of India Tea two shillings Per pound, for each Pound of Coffee one Penny, for each Pound of Imported Chocolate three Pence; for each Pound of Chocolate made within this State one Penny, for each Pound of Imported Loaf Sugar two Pence, for each Pound of Brown Sugar one Penny, for all wrought Iron and Steel Ware, wrought Silks Muslins Gauzes Cambricks Beaver Castor and felt Hats, Jewelry Looking Glasses, China Ware Earthen and Stone Ware, Painters Oil and Colours Broad Cloths of above twenty Shillings Per Yard Velvet Corduroys Lemons & Lymes shall be paid five Per Cent on the value thereof in lawfull Money, at the Time the same shall be purchased or procured by the Person [or] Persons who shall Retail or consume the same; And in Order to Collect the Same the County Court in each County shall by said 20th Day of April next. appoint a Suitable Person to be Collector of the Excise aforesaid in their County, and so from Time to Time in each County in this State as Occasion may require, And each Collector so appointed shall be sworn to a faithfull Discharge of his Office and also become Bound with one or more Sufficient Sureties freeholders and Inhabitants of this State before such County Court or any one of the Judges thereof, in a Recognizance of two thousand Pounds lawfull Money to the Treasurer of this State Conditioned that such Collector shall well and faithfully execute and perform his said Office according to Law, and make good all Damages that shall accrue to this State by means of his failure therein, which Bond shall be entered on the Records of such County Court. And such Collector so appointed and qualified shall have full Power to appoint one or more Deputy or Deputies under him from Time to Time as may be needfull taking the advice of the Civil Authority and Select Men in the Town where such Deputy lives therein and such Deputies shall likewise be Sworn to a faithfull discharge of said Office. And each Such Collector is hereby Authorized and directed either by himself or his Deputy to Demand Collect and receive all the Excise aforesaid within their respec- tive Counties, And each such Collector shall be accountable for the Doings of his Deputies in said Office, and is hereby Authorized and Impowered to call his said Deputies or any of them to Account for all Monies and securities by them so Collected when he shall think Proper, And each Collector appointed by the County Court and qualified as aforesaid shall render to the Treasurer of this State a true account of all his Doings in said Office and of all the Monies collected and Secur- ities received on the Articles aforesaid by him and his Deputies by vir- tue of this Act once in three Months and oftener if required.
17
OF CONNECTICUT
1783.
And be it further Enacted by the Authority aforesaid that such Per- sons as desire to be Retailers of any or all of the Articles aforesaid shall before they or any of them retail any of those Articles, obtain a Licence before some Assistant or Justice of Peace in the Same County, and shall become bound before such Assistant or Justice with Sufficient Surety in a Recognizance of two hundred Pounds lawfull Money to the Treasurer of this State that such Retailer shall duely observe and keep all the Laws of this State that are or shall be made respecting the Excise on any Articles whatever, and render a Just and true Account upon Oath to the Collector of Excise in the County where Such Collector Dwells or to his Deputy whenever demanded, of all the Articles such Retailer or Innholder shall have on Hand subject to Excise at the Time of Granting such Licence, and of all such Articles as he shall have had or vended at or before the rendering such Account, and pay the Excise thereon to such Collector substracting one eighth part of such distilled Spirits & Brown Sugars for Leakage & Wastage. Which Licence shall continue in force one Year and no Longer from the Date thereof. And such Assistant or Justice shall transmit a Copy of such Licence and Bond to the Collector of Excise in the County, and his fee for granting Licence and taking Bond as aforesaid shall be three Shillings lawfull Money, and for an Attested Copy thereof One Shilling and six pence to be paid by such Retailer. That no Retailer Licenced as aforesaid shall directly or indirectly Sell a less Quantity of any of the Liquors afore- said than one Quart or Suffer the Same to be drank in his House under the Same Penalties by Law Provided against Selling Strong Liquors in small Quantities without Licence, And no Person or Persons excepting Licenced Tavernkeepers and Retailers, shall Sell any distilled spirituous Liquors by less Quantity than thirty Gallons, upon the Penalty aforesaid, That if any Person or number of Persons shall purchase more than thirty Gallons of any of the distilled Spirits aforesaid for their own Private Use and consumption the Same shall nevertheless be subject to Pay the Excise aforesaid and may be collected from the Purchaser thereof, in the Same manner as from Retailers or Tavernkeepers And it shall be the Duty of each such Collector and Deputy Collector to make diligent Enquiry after all the Goods or Articles, subject to the Payment of Excise within their respective Counties and to demand of every Retailer, Tavernkeeper or other Person or Persons whatsoever, on or before the 20th Day of April next and as often as once in three Months afterwards, a true manifest in Writing under Oath, containing an Invoice under his or their Hands of all the Articles Subject to the Pay- ment of Excise therein expressing the Marks number Quantity and Quality thereof, and the Place where lodged kept or Stored which Oath may be administered by such Collector or his Deputy or by any Assist- ant or Justice of Peace as follows viz. ["] You swear that the Manifest you have now made contains a full and true Account of all the Articles You own or have on Hand for the purpose of retailing or Consumption subject by Law to the Payment of Excise on which the Same has not been paid nor secured to be Paid according to Your best knoledge and
18
PUBLIC RECORDS
January,
Beleifs; and that You have not directly nor indirectly concealed or dis- posed of any such Article or Articles to avoid the Payment or prevent the Collection of the Excise thereon required by Law. So help You God.["] And in Case any Retailer of any of the Articles aforesaid or any Inholder or other Person or Persons shall refuse or neglect to give in an Account under Oath as aforesaid in a reasonable Time after Demand made as aforesaid or shall render a false Account, such Retailer Inholder or other Person or Persons, shall forfeit and Pay the Sum of One hundred Pounds lawfull Money One half to the Treasurer of this State, and the other half to such Collector or his Deputy or the Person who shall Prosecute the same to effect in any Court proper to try the Same, and shall be adjudged incapable of holding or receiving any Licence to retail any Goods Wares or Merchandize or to keep a Tavern or House of Entertainment within this State, And when any Retailer of any of the Articles aforesaid or any Inholder or other Person shall desire it such Collector or his Deputy may take good Security for such Excise payable to the Governor and Company of this State one half on Demand and the other half in three Months with Interest untill paid. And if any Dispute shall arise concerning the Value or Quantity of any of the Articles aforesaid by which the Excise thereof is to be ascertained, the Same shall be determined by two disinterested Persons to be agreed upon by such Collector and Retailer or Tavernkeeper or other Person or in Case they cannot agree such Collector shall apply to the next Assistant or Justice of the Peace who is disinterested, and he shall appoint two Judicious Persons for the Purpose aforesaid who shall be sworn to apprize the Same and ascertain the Quantity and Quality, according to their best Judgment and make Return of their Doings thereon to Such Collector and he shall collect the Excise thereon accord- ingly together with the Cost of such Apprizal, And all such Articles as shall be liable to the Payment of Excise by Virtue of this Act may, on neglect or refusal of Payment be taken by such Collector or his Deputy if to be found within his Precincts, and shall be advertized and sold at Public Vendue in the same manner as Goods are Sold by Collectors for the Payment of Public Taxes sufficient to pay such Excise and Cost of Sale and the remainder shall be returned to the Owner or Place where taken, And such Collector may enter any Store or Place for the Execu- tion of his said Office as shall be needfull after making demand at the Door of Entrance and refusal or neglect to grant the Same in the Day Time And the fee or reward of such Collector or his Deputy shall be seven and one half per Cent on all Monies by him Collected and paid according to the Directions of this Act And it shall be the Duty of the Collector in each County to see that all securities taken by him or his Deputy for Excise be duely collected, and on failure thereof to put the same in Suit by Attachment or otherwise and pursue the Same to final Judgment by himself or Attorney, as he shall find to be needfull, and shall be accountable for his Doings thereon to the Governor and Company of this State. And when the Collector of Excise shall Sus- pect any Person hath purchased any of the aforesaid Articles subject
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