USA > Connecticut > The public records of the state of Connecticut, for the years 1783-1784 > Part 25
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* See above, p. 188.
224
PUBLIC RECORDS
October,
unable to make Payment to his Creditors who are pursuing him with Executions and Attachments Praying that his Body might be Liberated and exempted from Arrests or Confinement for Debt untill the rising of the General Assembly in May next,
Resolved by this Assembly that the Person of the said Samuel be and it is hereby exempted from Arrests or Confinement for Debt untill the rising of the General Assembly in May next .*
Upon the Memorial of Noah Phelps Shewing to this Assembly that in the Year 1775 by Order and appointment of the Committee of Safety he was sent into the State of Vermont, to raise the Militia of that part of the Country and make an Attack on the Garrison of Ticonderoga by surprize, for which purpose he was furnished from the Treasury of this State with two hundred Pounds in State Bills, that after arriving at Benington by Order of a Council of War he was with others sent in disguise to reconnoitre said Garrison, which he did and upon his going left £197 of said Money in the Hands of Capt Elisha Phelps, who was Commissary in said Expedition, and in the Absence of the Memorialist expended said Monies in necessary Provisions &c in that Expedition, and never replaced the Same to the Memorialist and was soon after removed by Death, of whose last Will and Testament the Memorialist is Executor Praying the Committee of Pay Table be Authorized to Liquidate his Accounts and the Accounts of said Deceasd and the Account of Thomas Barber the second &c As Per Memorial on File-
Resolved that the Committee of Pay Table be and they are hereby Authorized and directed to Liquidate and adjust the Accounts of the Memorialist and the Accounts of said Deceasd and also the Accounts of Thomas Barber 2ª, And also examine the Accounts of what hath been heretofore done by this State respecting the Expences of the said Expedition and thereof make Report to the General Assembly at their next Meeting.
Upon the Petition of Benjamin Hall of Cheshire in New Haven County Shewing to this Assembly that in August 1780 he forfeited a Bond given for abiding the Judgment of the Superior Court in a Prosecution against him before the Superior Court then sitting in New Haven in said County Praying that he may have a new Tryal of said Cause or that he may be discharged from the Penalty of said Bond.
Resolved by this Assembly that upon said Halls Paying into the Treasury of this State the Sum of fifty Pounds lawfull Money in any of the Securities of this State which are now due for hard Money and on Interest he and his Bail be discharged from the Penalty of said Bond.
On the Memorial of Benjamin Dyer of Windham Shewing to this Assembly that he moved from the Town of Windham to the Town of Norwich two or three Years before the Year 1777, that in the Month of
* See below, p. 396.
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OF CONNECTICUT
1783.
May or June 1777, he removed back with his Effects to the Town of Windham where he had formerly lived, that on Notice after the 20th of August 1777 he gave in his List to the Listers of the Town of Windham consisting of his Head &c and that the said Listers also Assessed him in a large Sum in said List and that he has punctually paid to the Collectors of the Town of Windham all Taxes arising thereon, That the Listers of the Town of Norwich after the 20th of August 1777 inserted the Head of Your Memorialist in his List in the Town of Norwich and Assessed him largely for his Faculty thereon in and for the same Year on which sundry Taxes have since been laid against Your Memorialist and the several Collectors Impowered to Collect the Same, being a double Taxation to his great Injury Praying for relief, as Per Memorial on File-
Resolved that the Memorialist be and he is hereby Abated his List on his Head in the Town of Norwich for August 1777 and the Asses- ment therein & all Rates and Taxes made and arising thereon within the sd Town of Norwich for said Year.
Upon the Memorial of Abner Stocking of Chatham Shewing to this Assembly that General Newberry as Agent to this State had Recovered Judgment, and taken out Execution and put the Same into the Hands of the Sheriff of said County against Your Memorialist for twenty Pounds LMoney it being for Duties on Rum Imported from the Year 1769 till the Year 1772, And that said Memorialist has nothing to pay but State Securities or Obligations given to the Memorialist for Wages due to his Son who died in the Public Service Praying that the Sheriff may be directed to accept said Securities to the Amount of said Judgment and Execution in full Satisfaction and discharge thereof as Per Memorial on File-
Resolved that the said Sheriff be and he is hereby Ordered and directed to receive State Securities as aforesaid to the amount of what is due on said Execution and said Agent upon Receipt thereof is hereby directed to discharge said Execution as aforesaid.
Upon the Memorial of John Oakley a Soldier in the first Connecti- cut Regiment Shewing to this Assembly that on the first Day of June 1780 he received of the Treasurer of this State four Notes for the depreciation of his Pay in the Years 1777, 1778 & 1779 Amounting to the Sum of forty six Pounds eleven Shillings & a half penny lawfull Money, That while on Duty near the Post of West Point the said Notes were lost or Stolen from the Memorialist Praying to be entituled to receive new Notes of the Same Tenor and Date with said former Notes-
Resolved by this Assembly that if it shall appear from the Treasurers Books that no Payment of Principle or Interest has been made thereon, and the Memorialist shall procure and lodge with the Treasurer of this State sufficient Bond as usual to Indemnify the Public against the said
226
PUBLIC RECORDS
October,
Notes being twice Paid the said Treasurer be and he is hereby directed to Issue to the said Memorialist four other Notes of the Same Tenor and Date with said former Notes payable to the said John Oakley.
Upon the Memorial of Elmore Russell of Cheshire Shewing to this Assembly that on the 13th Day of May 1777, the Memorialist Inlisted himself as a Soldier in Capt Jonathan Browns Company in Colº Lambs Regiment of Artillery to Serve in the Continental Army for the Term of three Years as one of the Quota of this State, And Your Memorialist accordingly Joined the Army and Served faith- fully during said Term, and then applied for a discharge but found Capt Brown had returned him as being Inlisted during the War, And the Memorialist being unwilling to leave the Army without a dis- charge tarried five Months after the expiration of his Inlistment to endeavour to procure a discharge which proving ineffectual he left the Army but was afterwards taken up and returned to the Army, which he soon after left and went to Sea and has never since Joined, that he was in Consequince thereof returned a Deserter to the Pay Table, which has prevented his reviving his Depreciation Notes Pray- ing for Relief as Per Memorial on File-
Resolved by this Assembly that the Committee of Pay Table be and they are hereby Impowered and directed to Settle and adjust the Sum or Sums due to the Memorialist for Depreciation, observing the Same Rules and making of him the Same allowances as has been made to others for like Services, and draw Orders on the Treasurer for his Notes in the Same manner as has been done in other Cases for Service performed at the same Time and Charge the same to the United States.
Upon the Memorial of Sheldon Clark of Darby in New Haven County Shewing to this Assembly that in the Month of May 1775 he then being Master of the Sloop Betsey Imported from the West Indias into the Port of New Haven, seventy two Hogsheads of Rum, on which by a Law of this State then in force a Duty of seven shilling and six pence lawfull Money Per Hogshead was payable for the security of which Duty to be paid being about twenty seven Pounds in the whole, the said Clark gave his Bond to David Wooster Esqr then Naval Officer of said Port for a much larger Sum, and that a Suit on said Bond now lies in Litchfield Superior Court against said Clark for the recovery of the Contents of said Bond Praying that he may have Liberty to pay up said Bond in Securities against this State on Interest which were given said Clark for Army supplies &c as Per Memorial on File-
Resolved by this Assembly that Liberty be and hereby is granted to the Memorialist to pay the Contents of said Bond in securities Given the Memorialist against this State on Interest for Army Supplies, and that said Suit in said Superior Court shall Cease and be determined 011 the Memorialists paying the Cost thereon arisen.
227
OF CONNECTICUT
1783.
Upon the Memorial of Hannah Rowley of Hebron in the County of Hartford, Shewing to this Assembly that her late Husband Capt Abijah Rowley Deceasd had the Command of a Company at the North- ward in the Year 1776, and drew a Sum of Money out of the Treasury of this State which Stands Charged against him in the Pay Table Office, and on a Settlement of said Account with the Committee of said Pay Table, a Ballance was found against the Memorialist Administratrix to said Capt Rowleys Estate of about twenty three Pounds LMoney which Debt the Memorialist prays for Liberty to pay with the four following Notes on the Treasurer of this State viz one of £5 18 3 which was out last June and one for the Same Sum payable the first Day of June next also one for the like Sum of £5 18 3 payable the first Day of June 1785 and one more of £7 11 10 payable in the Year 1786 as Per Memorial on File,
Resolved by this Assembly that the Committee of Pay Table be directed and they are hereby directed to receive of said Memorialist said Notes or so many of them as shall Ballance the abovesaid Account.
Upon the Memorial of Abraham Tyler of Waterbury in New Haven County Representing to this Assembly that he was sentenced by the Superior Court holden at New Haven on the last Tuesday of August 1783 to be Committed to New Haven Goal there to remain during the Term of seven Months from that Time &c as Per Memorial-
Resolved by this Assembly that said Abraham Tyler upon paying the Cost of his Prosecution before said Court and his Imprisonment and becomeing Recognized with Surety in the Sum of two hundred Pounds Lawfull Money before a Justice of Peace of the County of New Haven Conditioned that if he shall not be of good and peacible Behaviour for the Term of One Year from the 28th Day of October 1783, said Recognizance shall be forfeited, be Liberated and freed from his said Imprisonment and Confinement.
Upon the Memorial of Mary Alsop Administratrix on the Estate of Richard Alsop late of Midletown Deceasd, Shewing to this Assembly that by a Resolve of the General Assembly held in October 1777 the Distillery in Chatham was taken up by the Publick for the purpose of Distilling Geneva for Public Use, That the Heirs of said Richard Alsop and Nathaniel Shaylor are Proprietors of one half of said Dis- tillery, and no payment has been made for the Use of said Distillery &c Praying for Payment &c as Per Memorial on File-
Resolved by this Assembly that General James Wadsworth and Ebenez" White Esqrs be and they are hereby appointed a Committee to enquire into the Matters alledged in said Memorial and Report with their Opinion what ought to be done thereon to this or some future Assembly.
Upon the Petition of Solomon Leet Junt of Guilford in New Haven County Shewing to this Assembly that in 1777 he lived in the House
228
PUBLIC RECORDS
October,
with his Father Solomon Leet in said Guilford which the Enemy burnt on the 17th Day of June in which he had all his Household Furniture burnt and destroyed by which he is much Impoverished Praying for a Release from his public Taxes as Per Petition
Resolved by this Assembly that the Petitioner be and he is hereby released from the Payment of all Public Taxes which are due from him or that may be laid on the Lists for the Year 1781 and 1782.
Upon the Memorial of Thomas Shaw Executor of the last Will and Testament of Nathaniel Shaw Esq' late of New London Deceasd Shew- ing that the said Nath1 in his Life Time was Agent for this State in sundry Matters and made some Advancements, that some of his Vouchers were burnt by the Enemy and that a Part of his real Estate was used for Publick Purposes and the Accounts are unsettled Praying for Relief &c.
Resolved by this Assembly that the Committee of the Pay Table be and they are hereby Impowered and directed to Settle and adjust the Accounts of the Memorialist according to their Common and usual Rules except when the Vouchers are lost or consumed by fire in which Case said Pay Table shall determine on such Reasonable Evidence as can be obtained according to the ordinary Rules in such Cases and Report the whole of their Doings to the next Session of this Assembly that such further Orders may be made thereon as shall be Just and Reasonable .*
Upon the Memorial of William Perkins of Cheshire in New Haven County Shewing to this Assembly that he was Sentenced by the Superior Court holden at New Haven on the last Tuesday of August 1783 to be Committed to New Haven Goal there to remain during the Term of seven Months from that Time &c as Per Memorial
Resolved by this Assembly that said William Perkins upon paying the Cost of his prosecution before said Court and Imprisonment, and becomeing Recognized with Surety in the Sum of two hundred Pounds Lawfull Money to the Treasurer of this State before a Justice of Peace for the County of New Haven Conditioned that if he shall not be of good and peaceble Behaviour for the Term of One Year from this 28th Day of October 1783 said Recognizances shall be forfeited, be Lib- erated and freed from his said Imprisonment & Confinement.
Upon the Memorial of George Ross of Staten Island in Richmond County in the State of New York Praying for Liberty to remove with his Family and Estate into New Haven in this State and become a Citizen thereof and also that he may become an Inhabitant according to Law of said Town of New Haven Provided said Town will according to Law admit him to be an Inhabitant thereof according to Law as Per Memorial on File --
* See below, p. 294.
229
OF CONNECTICUT
1783.
Resolved by this Assembly that the said George Ross have Liberty and Liberty and permission are hereby granted to him to remove with his Family and Effects into New Haven in this State and to become a Citizen thereof and that said Town of New Haven may admit the said Ross to become according to Law an Inhabitant of said Town.
Upon the Memorial of Silas Cleaveland of Canterbury Shewing to this Assembly that his Father Mr Edward Cleaveland Decd in the Month of Novr 1771 leaving a Widow Mrs Rebeckah Cleaveland and also Died Seized of about eighty Acres of Improved Land in said Canterbury, which said Land was disposed of by the last Will and Testament of the said Edward in the following manner viz first the Use and Improvement of One third Part of said Real Estate to said Widow during her natural Life and also one third Part of the moveable Estate he died Seized of forever, 2dly to Silas his aforesaid Son about thirty Acres of said Land, 31y to his four Daughters viz Joanna Rebeckah Deliverance and Experi- ence, about twenty Acres of said Land and lastly to Payne Cleaveland Youngest Son to said Deceasd, the residue of his Lands Houses Orchards &c, and the said Payne Cleaveland survived his said Father about two Years only, and gave the whole of the Legacy so given him by the said Edward Cleaveland Deceasd to his two Sons Edward and Stephen, and that he was appointed and now is lawfull Guardian to the said Edward and Stephen Minors and Sons to the said Payne and that his Mother Rebeccah Cleaveland is in the ninety fourth Year of her Age and unable to help herself and the moveable Estate given her by him said Husband was all spent within two Years after the Death of the said Edward Deceasd, and nothing now left for the support of the said Rebeccah but the income of about nine Acres of Land which is very inadequate to her support, by which means the whole Burthen of sup- porting his aged Infirm and helpless Mother fall on him which he is very unable to do, Praying that some meet Person or Persons may be appointed to Liquidate his Account for supporting his said Mother as aforesaid with full Powers and Authority to Sell so much of said thirds belonging to the Heirs of the said Payne Cleaveland Decd as shall be their equal proportion according to the distribution made by the said Edward Decd by his last Will and Testament unto the said Payne Cleaveland Decd if so much there be, and pay the Same to him for Cost and Trouble already accrued as well as for the Support of his said Mother in future as Per Memorial on File,
Whereupon Resolved by this Assembly that Eleashil Adams Esq" of said Canterbury be and he is hereby Authorized and Impowered to Liquidate and adjust the Cost and expence of the said Memorialist in providing for and taking Care of his said Mother as aforesaid, and also to Sell so much of said thirds belonging unto the Heirs of said Payne Cleaveland Decd as shall be their equal proportion according to the Distribution made by said Edward Deceasd by his last Will and Testament unto the said Payne Cleaveland Decd if so much there be,
230
PUBLIC RECORDS
October,
and pay and satisfy to the Memorialist such reasonable Sum or Sums as shall be found Justly due to him for his Trouble and expence in Providing for and taking Care of his said Mother as aforesaid, taking the direction of the Court of Probate for the District of Plainfield therein.
Upon the Memorial of Nathan Preston of Woodbury in the State of Connecticut Shewing to this Assembly that some Time in the Year 1765 Garwood Cunningham of said Woodbury Died and left a Son named Garwood Hinman about thirteen Months of Age, who was made Sole Heir of the whole Estate of the said Garwood Deceasd by his last Will and Testament, except a Legacy of £80 to a Sister of the half Blood with this Paragraph in the Will viz, And it is my Will and I do hereby Order that my said Son shall have a Liberal Education and the Expence thereof shall be paid out of my said Sons Estate, And in Pursuance of said Will the said Garwood Hinman was early sent to School, fitted for and entered College and has now commenced his second Year in College and considerable expence has already accrued which the Personal Estate is insufficient to pay, and more Expence will follow and no provision made by the Testator for the Sale of the real Estate, and praying for Liberty to sell real Estate &c as Per Memorial on File- Resolved by this Assembly that the Memorialist, who is Guardian to said Garwood Hinman have Liberty and he is hereby Impowered to make Sale of so much of the real Estate of the said Garwood Hinman Cunningham as shall be necessary to pay the Expence already arisen and also to Compleat his Education under the direction of the Judge of Probate for the District of Woodbury.
Upon the Memorial of Mary Brown Administratrix on the Estate of John Brown late of Stonington Deceasd, Shewing to this Assembly that she now hath in her Care the one half of a Wharf and small Store at Stonington Harbour belonging to the Heirs of said Deceasd, that said Wharf and Store have received great Damage during the late War and are much decayed, that the other owner is about to repair said Wharf which will be attended with great Expence, that she hath not of the Estate of said Heirs in her Hands wherewith to make the necessary Repairs and that it will not be for the advantage of said Heirs to Charge them with so large an Expence Praying for Liberty to make Sale of said Wharf & Store for the Benefit of said Heirs
Resolved by this Assembly that Liberty and Authority be and is hereby Granted to the said Mary Brown to make Sale of said Wharf and Store under the direction of the Court of Probate for the District of Stonington first giving sufficient Bond to said probate Court to Account with said Heirs for the Avails of said Wharf & Store.
Upon the Memorial of Naomi Brown, William Scovill, Darius Scovill, Ozias Warner, Gaylord Hawkins & Hannah his Wife, all of
231
OF CONNECTICUT
1783.
Watertown in the County of Litchfield, Daniel Brown James Brown Asa Brown and Ebenezer Brown all of Waterbury in New Haven County, Daniel Thomas & Sarah his Wife Titus Beacher & Thankfull his Wife of New Haven in said New Haven County, Samuel Beardsley of New- town Amos Beardsley Reuben Whitehead and Eunice his Wife of Strat- ford in the County of Fairfield, Shewing to this Assembly the said Naomi Widow and Relect of Elam Brown late of said WaterTown Deceasª by great Exertions Industry and Economy has supported her said Husband Elam Brown in a State of Delirium and distraction about thirty Years, that she has had three Children who all Died antecedent to the said Elam, that by her said Industry she has saved a considerable Estate which by Law descends to the Heirs of the said Elam Deceasd, and will leave the said Widow Naomi in a State of Poverty and want, That Joseph Brown one of the Brothers of the said Deceasd is supposed to be in Canada which prevents an equitable Settlement of the Estate of the said Elam by the agreement of the Heirs, That all the Heirs to said Estate except the said Joseph Brown have agreed to divide the Estate of the said Elam Decd as follows viz That the said Naomi shall pay all the Debts due from said Estate and the Cost of settling the Same, and shall have and enjoy the whole of the Personal Estate of the said Deceasd forever, and about forty Acres of Land with the dwelling House and Barn standing thereon taking the North Part of said Farm begin- ning at the North East Corner of said Farm, then runing Westward in the Line between John Merrellss Land and said Farm about forty Rods, then turning Southward in the Line between said Merrells Land and said Farm untill it comes to the South East Corner of said Merrellss Land Westward of said House then running Eastward in a direct Line towards the Top of James Brown8 Chimney untill it Strikes the dividing Line between said James Brown$ Land and said Farm Cutting Southward on the remaining part of said Farm Eastward on said James BrownS Land Northward part on the Highway that goes from Waterbury to Westbury and part on said Merrells' Land and Westward on said Mer- rells Land Also six Acres of Timbered Land to be taken at the South end of said Farm, beginning at the South East Corner of said Farm a heap of Stones then running Northward forty Rods to a heap of Stones then Westward twenty four Rods to a heap of Stones then Southward forty Rods to a heap of Stones then Eastward twenty four Rods to the first mentioned Corner, Butting Southward on Woodruffs Land, East- ward on James Brown8 Land Northward and Westward on the remaining part of said Farm, And that the said Naomi shall have a passage two Rods wide from the last mentioned Peice of Land by the Line of James Brown Land untill it comes to the first mentioned forty Acre Peice, and that the said Naomi shall have the Privelege of taking the Water out of the Brook where it is now taken out and carrying it in the most convenient Place to Water the Meadow by the Barn, and that the residue and remainder of the Estate of the said Elam Deceasd shall be divided to and among the Heirs of the said Deceasd exclusive of
232
PUBLIC RECORDS
October,
the said Widow Naomi in manner and Proportion as the Law directs Praying that said Estate might be settled according to said Agreement as Per Memorial on File more fully appears-
Resolved by this Assembly that the said Agreement recited as afore- said be and the Same is hereby ratified and confirmed, And that a Copy thereof with this Resolve being Recorded in the Town Clerks Office in said Watertown, an exemplification thereof properly Certified shall be Sufficient Evidence in the Law to Justify and secure the said Naomi Brown her Heirs and Assigns in the quiet and Peaceble Possession and Improvement of all the real and Personal Estate described and agreed to be set off to her as aforesaid with the appurtenances and Priveleges thereof forever.
Upon the Memorial of Joshua Elderkin of Windham Shewing to this Assembly that he purchased the Confiscated Estate of Thomas Fan- ning at the Price of £3155 12 6 to be paid in Bills emitted by this State or Pay Table Orders That he hath paid £961 15 2 in such Orders in part of said Price and that for the Residue thereof being £2193 17 4 the Memorialist and Roger Huntington gave their Bond to the Treasurer of this State. That the Memorialist has a considerable Debt due to him from this State as a Commissary for Purchases and Commissions, which is not yet fully Stated and Settled by the Committee of Pay Table Praying that no Suit be brought on said Bond untill his said Accounts may be stated by said Committee and that said Committee may be enabled to Liquidate said Bond &c as Per Memorial,
Resolved by this Assembly that no Suit be brought on said Bond against said Elderkin & Huntington or either of them untill the rising of this Assembly in May next.
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