Connecticut Secretdry of State ;"<\i'j' Report of the Secretary Hartford, 1889 1^'*. YALE UNIVERSITY LIBRARY f..-^ 0ttttc of moimccticiit. RBPORT OP THE *<-t Seceetart of State STATE LIBRARIAN TO THE GENERAL ASSEMBLY z^NCIENT COURT RECOILDS. Printed by Order of the JI^egislaturu. ,1ja HAKTFOBD, COMN.: The Case, LockTVOOd & Braluard Compauy, Priuoer.s. issa. €¦ ,. L 'f-'S.'. State oi Connecticut. REPORT Secretary of State AND STATE LIBRARIAN TO THE GENERAL ASSEMBLY ON ANCIENT COURT RECORDS. Printed by Order of the J^egislature. HABTB'OBD, CONN.: Tlie Case, Look-wood & Braluard Compauy, Printers. 1880. ^ X«B, %f s^ ^^ ? <*^ ^tatjc 0f (^onnttiicnt To the Honorable General Assemble/ of the State of Connecti cut, at the January Session, 1889 : By a resolution approved March 10, 1886, the Secretary of State and the State Librarian were constituted a committee " to make inquiry, or to procure the same to be made, with regard to any ancient, colonial, or State records of any courts, now or formerly existing ; also of any colonial or State rec ords of any of the territorial organizations now or formerly existing within this State, for the purpose of taking measures for the preservation and indexing of said records ;" and the committee was directed to make report of their doings to the then next session of the General Assembly. The committee was unable to accomplish the work in sea son to report it to the General Assembly at their session in January, 1887, and at that session a resolution was passed (No. 276), authorizing the expenditure of the remainder of the appropriation for the purpose after the close of the then fiscal year. The resolution of 1886 was passed at the instance of the Connecticut State Bar Association. We employed Sherman W. Adams, Esq., who has been much interested in the sub ject, to examine the records in the offices of the clerks of Hartford, New Haven, New London, Fairfield, and Windham Counties, as also the records of the four original probate dis tricts. The account of the records in the counties of Litch field, Middlesex, and Tolland we received from the clerks of those counties respectively. We submit the following account of the court records of Connecticut now existing in several repositories. We have not reported upon the probate records, save as to those of the four districts originally constituted, which it was necessary these volumes are in good condition, and well indexed for names in the court proceedings. Volumes IV, V, and VI, in continuation of the preceding, are in the Hartford Probate Office. COURT OP ASSISTANTS. The Records of the Acts of the Court of Assistants in the Colony of Connecticut, beginning May 11, 1669, and extend ing to October 7, 1686, and of the same court from October 1, 1696, to October 3, 1701, fill 137 pages of a volume let tered Colonial Records, New England, 1669-1701. This court was established in October, 1665, and the records prior to 1669 are in Book III of the County Court. The continua tion is found in a large parchment bound book entitled : No. 2. Records Court of Assistants, Superior Court. Began 1687. Ends in 1715. It begins with the record of a special court of assistants, February 15, 1686-7. At page 4 is this memorandum by Caleb Stanley, Jr. : " Now in the moneth of October, anno Dom. 1687, Sir Edmund Andross, knight, Governor of New England, received and took upon him the government of this his Majesties Colony of Connecticut, and therefore there was no court of assistants holden in this Colony in the year 1688, nor in May, anno Dom. 1689, and the court book containing the records of the court of assist ants holden at Hartford in October, 1689 (if any court was then held *), can't be found." The record then goes on from a court held May 27, 1690, to one held May 11, 1696, and the reverse of the volume contains the records of the court of assistants from May 7, 1702, and of its successor, the superior Court, to November 8,1715. A large folio 423 + 36 pages. Both these volumes are indexed^ for names. SUPElilOR COURT. This court was, established in 1711, and was a circuit court with one clerk until 1798, when an act was passed directing *That there was a session of the court of assistants October, 1689 appears from the printed Colonial llecords, IV, 35. the judges to appoint a clerk in each county, and ordering that the then existing records of the court be kept in the office of the Secretary of this State, who was vested with all the powers of clerk of said court in all matters relating to said records. The records of the superior court were not so well and carefully kept as those of the court of assistants had been, but they are in a good state of preservation. They are unpaged and not indexed, except where otherwise stated. The following is a catalogue of the volumes : A book not labelled. It begins with cases in Hartford County, September, 1711, in the handwriting of Jonathan Law, and extends to October term, 1714, at New Haven. It also contains from the adjourned court at New Haven, Febru ary, 1748-9, to Windham County term, June, 1749. It seems to be waste books bound together. No. 1. Parchment bound. From March term, 1714-15, at Fairfield, to March term, 1718, at New Haven. No. 2. Parchment bound. September term, 1718, Fair field, to September term, 1721, New Haven. No. 3. Parchment bound. September, 1721, Hartford, to September, 1724, New Haven. No. B^. " The records of the Superior Court in the Colony of Connecticut in New England, beginning at the court holden at Fairfield, March 6th, finno R. Rs. Gii. 2°, annoque Domini, 1715-6," to May, 1724, Hartford. This is a large'r folio, paged-and indexed, bound in parchment. It is a con tinuation of No. 2, Court of Assistants. On the cover is written in a modern hand : " Tliis book is a repetition of No. 1 in part, commencing with corresponding date in that book and extends nearly through No. 3." Lying loose in the book is the record of a Court of Equity holden at New Lon don, in the county of New London, on the 27th day of March, 1716, by special commission from the Gen'U Court holden at New Haven on the second Thursday in October, 1715. — 17 written leaves. No. 4. Parchment. September, 1724, Hartford, to Sep tember, 1727, New Haven. No. 4. Bis. In modern binding. August, 1724, Fair field, to August, 1728, Fairfield. Two executions and the will of George Clark are recorded at the end. This is a con tinuation of No. 3|-, and a duplicate of No. 4, and parts of No. 3 and No. 5. No. 5. Parchment. September, 1727, Hartford, to May 1730, Hartford. Book in paper cover. August, 1730, Fairfield, to May, 1731, Hartford. Fiffy-two leaves. No. 6. August, 1731, Fairfield, to- August, 1736, Fairfield. No. 7. Parchment. September, 1736, New Haven, to August, 1741, New Haven. No^ 8. Parchment. September, 1741, Hartford, to August, 1745, New Haven. No. 9. Parchment. September, 1745, Hartford, to Janu ary, 1748-9, Windham. No. 10. Parchment. August, 1749, Fairfield, to August, 1753, New Haven. No. 12 [11]. September, 1753, Hartford, to March, 1756, Hartford. An execution prefixed. Bound in rough sheep. [No. 12.] March, 1756, Windham, to August, 1756, New Haven. Reverse end: " On this side are entered sundry Executions whereby Lands were taken in satisfaction." Dates from 1747 to 1793. Bound in rough sheep. No. 13. December, 1756, Hartford, to September, 1759, New London. Rough sheep. No. 14. February, 1760, Fairfield, to March, 1763, Wind ham. Rough calf. [No. 15.] March 1763, Norwich, to September, 1765, New London. February, 176.6, Fairfield, 6 pp. laid in. [No. 16.] February, 1766, New Haven, to September, 1769, Hartford. Laid in are, Fairfield, August, 1766, 10 pp., Fairfield, February, 1768, 15 pp., Fairfield, April, 1768, 6 pp., and other papers. [No. 17.] September, 1769, Windham, to August, 1772, New Haven. [No. 18.] September, 1772, Hartford, to December, 1777, New Haven. Lying in it are Fairfield, August, 1770, and Fairfield, April, 1777. [No. 19.] August, 1773, Litchfield, to March, 1782, Nor wich. Lying in it is January, 1781, Windham. [No. 20.] August, 1782, Litchfield, to November, 1784, New London. [No. 21.] December, 1784, New Haven, to March, 1786, Norwich. [No. 22.] July, 1786, Middletown, to March, 1788, Windham. [No. 23.] March, 1788, Norwich, to January, 1790, Haddam. [No. 24.] January, 1790, New Haven, to March, 1791, Tolland. [No. 25.] March, 1791, Windham, to August, 1793, Litchfield. [No. 26.] September, 1793, Hartford, to September, 1795, Hartford. [No. 27.] September, 1795, Windham, . to September, 1797, Windham. [No. 28.] September, 1797, New London, to March, 1798, Norwich. Superior Court Records, Chancery, 1774-96. Begins, Litchfield, August, 1774, but cases are not chronologically entered. There are 214 pages, and the book was once indexed, but A to Q is now lost. It has been rebound within a few years. Superior Court Records. Executions, 1784-1798. Not paged nor indexed. The Files of the Superior Court are stored in the attic over the Supreme Court room. They are voluminous enough to be complete. They are arranged in bundles, according to the term, are labelled, and in good order. Selections from them, together with most of the extant files of the Court of Assist. ants and earlier courts, have been arranged in volumes in the State Library, lettered Crimes ^ Misdemeanors, 1663-1778, 2 10 6 vols.. Court Papers, 1700-1705, and some in the series Private Controversies. ' SUPREME COURT. A volume lettered Reasons of the Court of Errors contains opinions in some cases from June term, 1803, to June term, 1807. There are ninety written pages, and the book is about a quarter full. One case, Pollard and Picket v. Ely, is not reported ; the others are in Day, vols. 1 and 2. Records of the Supreme Court of Errors, beginning on the first Tuesday of June, 1810, and ending with June term, 1817. Thirty-six written leaves, about one-quarter of the book, the rest being blank. It is neither paged nor indexed. Both these books are in good order. NEW HAVE>[ JURISDICTION. Of the records of the New Haven Jurisdiction, the only volume now known to be extant is in the Secretary's office, where it was deposited in accordance with an act of the Gen eral Assembly of Connecticut passed in 1772. It extends from May, 1653, to the end of that government, and it was printed in 1858. It is probable that the earlier vol ume of these records, 1644-1653, was lost or destroyed before 1698. COURTS IN THE TIME OF SIR EI)MUi\D ANDROS. The records of the Superior Court of Judicature held at New Haven, for the counties of New Haven and Fairfield, and at Hartford for the counties of Hartford and New London, with the county of Hampshire in Massachusetts, are not in any of our record repositories, nor do we know that they exist. Sessions were to be held in both places twice in each year, and we are informed that the first was held at New Haven April 10, 1688, and at Hartford on the 13th of the same month, and in September following they were likewise held in either place. The Records of the Court of Sessions and of the Inferior Court of Common Pleas for Hartford County are in the pos session of Hon. J. Hammond Trumbull. They are in a thin book of 27 leaves about llf by 7i inches in size, and without covers. The book begins with the Court of Sessions held at Hartford March, 16'87-8, at which Lt.-Col. Talcott, Humphrey Davie, Samuel Wyllys, Gershom Bulkeley, Benja. Newberry, John Wadsworth, Samuel Talcott, Giles Hamlin, and John Chester, Justices, were present. On the 8th of the same month a session of the Inferior Court of Pleas was held, at which were present John AUyn, Esq , Judge, Lt.-Col. John Talcott, Sam. Wyllys, Gershom Bulkeley, Benj. Newberry, John Wadsworth, Sam. Talcott, Giles Hamlin, and John Chester, Esqrs. Other sessions were held as follows : Court of Sessions, June 5 and 19, September 4, 11, and 18, October 2 and 30, December 4 and 27, 1688'. Inferior Court, April 3, May 25, June 7 and 19, October 30, December 6 and 27, 1688, January 22, February 1 and 5, March 5 and 7, 1689. In this inferior court the estates of a number of decedents were settled, wholly or in part; some wills and inventories are 12 recorded ; officers, such as packers, gangers, etc., were ap pointed, and ferrymen and taverners licensed. The Records for the General Quarter Sessions for the County of New Haven were a few years since pasted into the record book of the county court at the place of the coitcs- ponding year. It began on the first Tuesday in March, 1687 -8, and ended on the first Tuesday of March, 1688-9. There were five sessions : at the first and last no business was recorded. HARTFORD COUNTY. RECORDS IN THE PROBATE COURT OP THE DISTRICT OP HARTFORD. The first book of wills and inventories of the Colony was printed in 1850, forming a part of the Colonial Records of Connecticut, 1636-1665, and it has already been mentioned that volumes II and III of the particular court and Hartford county court, which contain records of wills and inventories, 1650-1677, are in the Secretary's office at the capitol. The proliate court was not separated from the county court until 1698, but it was found convenient that those volumes of the county court records which contained wills, etc., and probate proceedings should be kept in the probate office rather than in tlie office of the county clerk. When the probate courts were established the districts were made coter minous with the four counties then existing", and the county lines continued to be the boundary lines of the districts for a number of years. The establishment of Windham district in May, 1719, took the towns of Windham and Mansfield from Hartford district. Woodbury district, in October of the same year took away the towns of Litchfield and Waterbury. East Haddam district in October 1741 took off the towns of East Haddam, Haddam, Colchester, and Hebron, with the parish of Middle Haddam. The district of Litchfield in Octo ber, 1742, of Middletown in May, 1752, of Stafford in May, 1759, Farmington in January, 1769, Simsbury in May of the same year, further diminished the size of the Hartford dis trict, and the process of division has been continued until that district now embraces but eight towns, while the four districts into which the colony was divided in 1666 have been multi- 14 plied twenty-eight fold, — numbering one hundred and twelve in this year 1888. The County Court Records in the Hartford Probate office are : Vol. IV. From February, 1677-8, to October, 1687, when the government was interrupted by Sir Edmund Andros: 135 pages, then 24 pages mostly filled with probate proceedings in 1697, which by " mistake " had been omitted from Book No. V. Reversing the volume are wills and inventories from March, 1677-8, to September, 1687, 264 pages. Pages 265 and 266 contain records which had been omitted elsewhere. Vol. V. Records of court doings from May, 1689, to Sep tember, 1697, 135 pages. In the reverse, wills and inven tories October, 1689, to November, 1696, fill 230 pages. Vol. VI. Court proceedings November, 1697, to December, 1706, 311 pages. It has been mentioned that some of the records of 1697 are to be found in Vol. IV. Then pages 312-315 contain miscellaneous matter to 1711. Reverse : wills and inventories March, 1696-7, to January, 1700-1, with two pages of entries of date 1715. These volumes are in , good condition and indexed for names. Vol. VII. This is the first volume > which consists of probate records only, separated from the records of the county court. It begins with court doings September, 1700, to December, 1709, 137 pages, and at the other end wills and inventories September, 1700, to March, 1709. From this time onward the records are complete. Up to vol. 55, 1854, the court acts are recorded in one end of the book, and the wills, inventories, distributions, etc., in the other end, each with its own pagination. There is no Gen eral Index, but each volume has its own index for probate matters only. The files of wills, inventories, etc., recorded in Books I, II, III, which, as has been told, are in the Secretary's office, may be found here, and they are tolerably complete : the earliest is of the date 1640. They have lately been arranged in such manner as to render them conveniently accessible. RECORDS IN THE OFFICE OF THE CLERK FOR HARTFORD COUNTY. COUNTY COURT RECORDS. The oldest volume of records at the clerk's office in the court-house is a parchment-bound book labelled Book G, No. 7. On the inside of the cover is written, " This is the Sev enth Book of the Records of the Acts of the County Courts in the County of Hartford in the Colony of Connecticut in New England." It is the first volume in which the acts of the county courts are recorded apart from those of the pro bate court. It is not an original. On a waste leaf is written "This Book of the County Court Records, written in the year of our Lord one thousand seven hundred and fourty by Benja. Dod." It contains records of the Inferior Court of Pleas or County Court, from March 4, 1706-7, to November, 1717, 536 pages, with 4 unnumbered, and in the reverse about 43 leaves of executions. A volume which was probably Vol. VIII, April, 1718, to June, 1719, is here missing. It was sold in New York, March, 1879, as part of the Brinley Library, and is now in the Watkinson Library, Hartford. With it was the Record of the Court for the Trial of Small Causes, June, 1727, to May, 1731, and of Chancery Cases, May to August, 1736, growing out of the repeal of the charter of the New London Society united for Trade and Commerce. Book H. This volume, which would be the ninth, is parchment bound, unpaged, but has about 150 leaves, — some are gone from the back part. It covers the period from November, 1719, to March, 1721-2.' Book I. Parchment bound, containing 500 or 600 unnum- 16 bered pages, covering from April, 1722, to November, 1725. A few executions are entered in the front and back parts of the volume. Book J. Parchment cover. Has about 500 unnumbered pages. The first 11 leaves contain executions ; then come Court Records, February, 1725-6, to November, 1727. In some terms the cases are numbered, and in some the record of the term is preceded by an Alphabet. In the reverse are 9 leaves of executions, etc. Book L. Parchment bound. Has from 400 to 500 un numbered pages. From February, 1727-8, to November, 1729. (The fly-leaf incorrectly says to November, 1731.) Reverse, 4 leaves of executions. Book K. Parchment. About 150 unpaged leaves, Febru ary, 1729-30, to February, 1730-1. Reverse, 2 leaves of executions. Paper book of about 50 unpaged leaves, April to August, 1731. Book M. Parchment. About 300 unpaged leaves, May, 1731, to April, 1735. Book N. Parchment. 250 to 300 unpaged leaves, June, 1735, to November, 1737. Book 0, though the label is lost from the back. Parch ment. From 250 to 300 unpaged leaves, January, 1737-8, to January, 1739-40. Reverse, 22 leaves for June, 1738. Book P. About 350 unpaged leaves, April, 1740, to June, 1742. Book Q. About 250 unpaged leaves, April, 1742, to Nov ember, 1744. Book R. About 250 leaves, January, 1744-5, to June 1747, and about 40 loose leaves, November, 1747, to June 1748. Book S. About 350 leaves, November, 1748, to January 1754. Reverse, 5 leaves of executions. Book T. About 300 leaves, April, 1754, to June 1759. The record for April-June, 1769, is on loose leaves laid in. Reverse, 7 leaves of executions. 17 Book V. About 300 leaves, November, 1759, to January, 1763, filling about two-thirds of the volume. Reverse, about one-third of the volume contains executions. Here occurs a break in the records from 1763 to 1771. Probably two volumes are missing. Book U. About 200 leaves, June, 1771, to January, 1773. Reverse, 10 leaves of executions. Book W. About 300 leaves, of which perhaps two-thirds have been used, April, 1773, to November, 1774. Hei-e occurs a large break. Several volumes, three or four at least, covering the period from 1774 to 1798, cannot be found. How long they have been missing is unknown. Court Records of Trials, from November, 1798, to March, 1803. Reverse, 4 leaves, as to Prison limits. Turnpikes, Highways, etc. Court' Records (civil) August, 1803, to December, 1809. Reverse, 10 leaves of Appointments of Deputy Sheriffs, Crim inal Trials, etc., to 1811. A thick volume. Court Records. Perhaps 300 leaves, March, 1810, to March, 1819. Reverse, 5 leaves. Sheriff's Deputies, etc. Court Records. A thick volume, August, 1819, to March, 1828. Reverse, 17 leaves, conservators and miscellaneous matters. Court Records. A thick volume, August, 1828, to August, 1834. Reverse, 18 leaves. Appointments, Special Trials, etc., 1829-34. Hitherto all the volumes are, unpaged and unindexed. The letters G, H, etc., have been put on them in modern times, and not always with due regard to their proper sequence. Court Records. A thick volume of 506 pages, March, 1835, to August, 1839. Reverse, 45 pages of Appointments and miscellaneous matter. This is the first volume of the series in this office which is paged and has indexes, but the volume, like sundry of its predecessors and successors, is not numbered. 3 18 Court Records. 660 pages, November, 1839, to November, 1844. Reverse, 31 pages of miscellaneous matter. Indexed. Court Records. 634 pages, November, 1844, to August, 1850. Reverse, 28 pages " Sheriff's Records," and miscella neous. Not indexed. Court Records. 368 pages, November, 1860, to March, 1854. Another series whereof the volumes are not numbered is composed of waste books which have been bound up in recent times and labelled Court Docket and Record. Each volume is made up of several of these waste books, some of which are but remnants of their former selves. In some respects they are more important than the regular records, since they record such judgments as were paid or satisfied and such as were appealed from, not recorded in the latter. They also contain appointments, etc. They measurably fill lacunae in the regular series of records. ^ November, 1754, to January, 1760. * April, 1760, to November, 1764. April, 1763, to January, 1767, of a larger size, not con secutive years. January, 1765, to November, 1768. On the front waste leaf of the last book is drawn a map of Hartford county. January, 1769, to November, 1770, little and big. January, 1771, to November, 1772. January, 1773, to November, 1774. January, 1775, to April, 1777. November, 1777, to November, 1781. February, 1782, to November, 1783. February, 1784, to November, 1785. January, 1786, to November, 1787. February, 1788, to November, 1789, January, 1790, to November, 1791. January, 1792, to November, 1794. January, 1796, to November, 1796. This volume also con tains 6 leaves of Appointments, about 100 pages of Defaults March, 1796 — March, 1797; Taverner's Licenses about 40 leaves, 1796—1799. 19 January, 1797, to March, 1798. Some of the waste books bound up in this series have their dockets. Dockets. These have been bound, six or eight to a volume. They contain names of attorneys, the number of the case, names of parties to suits, and a space for minutes by the clerk. There are 18 volumes, not numbered, covering from 1799 to 1856. Defaults. Prior to 1775 judgments by default may have been entered in the same volumes with other judgments. The volumes of this series are not numbered. They are neither paged nor indexed. January, 1775 — February, 1782. A thick volume, with four cases per printed page. February, 1782, to November, 1783. February, 1784, to Noveniber, 1785. November, 1785, to November, 1786. About one-third of the book used. No volumes from 1786 to 1797 of this series are found. November, 1797, to February, 1798. There are also about 166 executions on 39 pages. March, 1798, to November, 1801. November, 1801, to December, 1804. December, 1804, to March, 1808. March, 1808, to March, 1810. December, 1809, to December, 1811. And nine volumes more, bringing them down to March, 1856. Executions. There, are nine volumes uniformly bound, all purporting fo be recorded by George Wyllys, clerk (who died in 1796). They were all apparently written at the same time in the same printed form. The volumes are not num bered nor given particular titles. The printed portion is on every 6th page, leaving 3 pages blank for writing out the return. It would seem that the volumes were filled up from old files not chronologically arranged. The volumes are without paging or index. The following are the proximate dates covered by each : 1737-98; 1743-9.8; 1744-98; 1747- 58; 1748-98; 1763-98; 1763-98; 1763-87. 20 There are 7 more volumes of executions, 1798 — 1820. Two of them, 1798—1807, are partially indexed: the others are not indexed. Judgments. One volume, December, 1809 — March, 1820, two cases per printed page. Not paged nor indexed. Appointments of Auditors to hear Cases pending in Court. One volume March, 1804 — August, 1841. Not paged nor indexed. Criminal Costs. There are three unnumbered volumes so lettered. They are records of costs taxed in criminal cases both in the Superior and County Courts. They cover the period 1843-65, and are neither paged nor indexed. Appeals. There are 4 unnumbered volumes, 1798 — 1855, neither paged nor indexed. Taverners Licensed. Tliose from 1796-99 are to be found in the volume of i Court Docket and Record, 1795-6, before mentioned. There are two volumes not paged uor indexed, 7 licenses recorded per printed page, extending from March, 1808, to September, 1860. After 1855, these licenses were granted by the Superior Court. Naturalization Records. There are 4 volumes of these, 1834-1855, and 1 volume of Declarations of Intention, 1853-5. Neither are paged nor indexed. Pensioners of the Revolutionary War. There are 2 vol umes : one containing the statements by 194 pensioners required by an act of Congress of May 1, 1820, all made in that year ; the other containing 80 statements, 1820-32. Both these were indexed by the late N. H. Morgan. Files of the Hartford County Court. The bulk of these are said to be contained in five large trunks in an upper room of the county building: some are mingled with eaiTy files of the Superior Court in the record room of that court. They are not labelled nor in good order. SUPERIOR COURT, HARTPORD COUNTY. As has been already mentioned, the records of the Supe rior Court from its establishment in 1711 to 1798, for all the counties, are to be found at the Capitol. The records in the 21 clerk's office are, as is believed, complete from 1798, and con sist of — Records of trials, from September, 1798, in 29 vols. Defaults, 3 vols., 1841 Executions, 2 vols., 1799-1820. Insolvency cases, 1 vol., 1829-1841. Divorces, 4 vols., 1864 Naturalizations, 2 vols., 1838 Declarations of intended Citizenship, 2 vols., 1856 Naturalization Dockets, 4 vols., 1868 Criminal Costs, 8 vols. Notaries Public commissioned, 8 vols., 1871 Liquor Licenses, 2 vols. Sheriff's Deputies. A record of their appointment begin ning 1854. Manuscript Dockets. There are 40 or more bound volumes and some unbound. The earliest now found begins 1805. These confain memoranda of official orders, etc., not else where found, except such as are on the back of files. General Index. Since 1873 a general index (Burr's) has been kept, in which all names of parties to suits, etc., have been, entered. Files. About 350 bundles are contained in file cases to which there are marks of indication affixed ; some 300 more bundles are labelled. SUPREME COURT OP ERRORS. By an act of the General Assembly passed in May, 1819, it was provided that the Supreme Court should be held once a year, in each county of the State. It had previously been held alternately at Hartford and New Haven. The first ses sion under the new arrangement was held at Hartford in June, 1820. There are two volumes : one June, 1820, to September, 1864, contains, besides cases in error and the judgments and orders of the court thereon, appointments, allotments of judges, rules of court, etc. The record is fuller than that 22 now kept. It is not indexed. The other, beginning Febru ary, 1864, is the current volume. . Manuscript Docket of the First Judicial District. This begins in January, 1879. The first judicial district was constituted at the May session, 1866, and consisted of the counties of Hartford and Tolland. Middlesex County was annexed in 1874, Windham County in 1879, and Litchfield County in 1881. NEW HAVEN COUNTY. TOWN clerk's OPPICE. The record of the courts of the Plantation of New Haven, commencing with 1639, the record of a few sessions of the General Court and Court of Magistrates for the Jurisdiction of New Haven, 1643-4, and the record of New Haven Town Ccn-ts to November, 1649, are contained in a large folio, which -was printed in 1867. The continuation of this volume, from February, 1649-60, to July, 1662, is in a smaller folio of 378 pages -|-, of which a transcript made by Mr. Dexter is in the State Library at Hartford. Tjown Records, 1662-78, is a further continuation. The latest recorded town court is Feb. 12, 1671-2, when a person was fined for selling cider to an Indian. What were called in the Connecticut Colony town meet ings were called general courts in the towns which composed the New Haven Jurisdiction. Copies of the early records of Guilford, Stamford, and Greenwich, which belonged to that government, are in the State Library. PROBATE OFFICE. Volume First, in two parts : Part I, wills, inventories, etc., 1647-1687 ; part II, wills, inventories, etc., 1666-1687. In good condition, newly bound with the old covers pre served, and with a cotemporary index. Volume Second. Newly bound over the old parchment covers. There were 339 pages, but the first 19 are lost. It contains wills, inventories, and court orders, 1688-1703. From 1703 the records are supposed to be complete. They are more voluminous than those in the Hartford probate 24 office, because kept in fuller form. They have been indexed in 6 manuscript volumes, covering vols. 1-182 of the records, and the period 1647-1883. The following are headings to the index : Name, Residence, Date, Vol., Page, Remarks- The date is that at which the matter was received in court. Under "remarks" is stated whether the estate was testate or intestate, whether the party was a minor or incompetent per son, etc. . In the New Haven Jurisdiction, which comprised the towns of New Haven, Milford, Guilfordj Branford, and Stamford, it was provided by law that wills and inventories should be entered at length in the plantation (or town) records, and then the originals delivei-ed to the secretary of the jurisdic tion, who should keep them on file and enter only a brief abstract of them on the-jurisdiction records. A considerable number of wills, etc., are found on the Stamford town records between 1646 aiid 1695 ; the latter date, it will be observed, being some thirty years after the extinction of the New Haven government. It is understood that no wills are re corded in the other towns, though there are early probate proceedings in Guilford records. COUNTY clerk's OFFICE. Vol. I. Parchment bound, pages 280 and a separate index- It covers the years 1666-98. Between pages 168 and 169 four leaves are inserted containing " The Records of the Gen eral Quarter Sessions for the County of Newhaven. Began in March, 1687-8." Vol. II. Parchment. 1699-1713. Portions of this vol ume have been corroded by the ink, but it has been copied so far as it could be, and the copy kept with the original. Vol. III. Parchment. 1713-1738. Vol. IV. Rebound. 1739-1757. Vol. V. 1766-1764. All after p. 590 is record of executions. Vol. VI. 1764-1767. All after p. .242 is record of executions. 25 Vol. VIl. 1767-1773, but lettered 1767-1776. Vol. VIII. 1774-1783, but lettered 1776-1783. Vols. IX-XXVII. 1783-1855. The printed records begin with Vol. XVII. All the volumes of the New Haven County Courts are indexed. , Equity Records covers the period 1773-1821 in this court- Some Files are preserved of date as early as 1700. SUPERIOR COURT, NEW HAVEN COUNTY. Volumes I-XLV, 1798 to the present time. , Manuscript Dockets begin in 1798. — 33 vols. Criminal Records are in a separate series in 4 vols., begin ning in 1837. Naturalization Records are in 5 vols. Declarations of Intention in 3 vols. lAqaor lAcenses in 9 vols. A General Index was begun in 1860. Index of Cases in the Superior Court, 1860 to the present time, in 2 vols. In this index the name of each party to a suit is mentioned twice. All orders and appointments are indexed, and all suits excepting Divorces. SUPREME COURT OF ERRORS. The records are complete from July, 1820, in 6 vols. FILES. The Files of the County Court from about 1700 to 1857, and those of the Superior Court from 1798, appear to be full and in good order. IN GENERAL. The court records of New Haven County have been well kept, and are in better condition than those of either of the other original counties. NEW LONDON COUNTY. The doings of a Session of Magistrates at Pequett, April 25, 1651, of a Particular Court, March 24, 1653-4, of a Court of Magistrates, June 13, 1656, both held at the same place, are recorded in the second book of the records of the Partic ular Court now in the Secretary's office. In May, 1660, and again in October, 1661, provision was made by the General Assembly for holding a Court at New London. . The County Court for New London County was established in May, 1666. The records are now kept at Norwich. COUNTY COURT. The first volume is an unbound book of fifty-eight leaves, eleven by seven inches in size. Before June, 1667, the hand writing is mostly that of Obadiah Bruen ; after June, 1667, mostly in that of Daniel Wetherell; there are, however, portions which were written by Secretaries John AUyn and Daniel Clark. The earliest entry in the book is February, 1661-2. There are 11 pages of memoranda of writs, etc. The first session of a court recorded is Dec. 31, 1663, and the last is of a county court, Sept. 19, 1667. At the end are nine pages of miscellaneous records, such as the entry of horses shipped from the port of New London from September, 1661, and some marriages. A transcript of this volume is in the State Library at Hartford. The second volume is without covers. Some of the leaves at either end are missing, and those remaining much frayed. It begins September (?), 1668, and ends in June, 1669. It contains records of trials, probate orders, inventories and some marriages. Volume III has ;io covers, and leaves are wanting at either 27 end, and those remaining are frayed. The earliest entry is June (?), 1670, and the latest June 7, 1681. It includes probate orders and inventories. Some entries are in short-hand. Volume IV has a thin paper cover. Some loose leaves from some other volume or volumes are laid in. It begins with Sept. 20, 1681, and ends with a session (at Stonington) of Jan. 22, 1683-4. Volume V is tied up with the preceding. It begins with June 3, 1684, and ends with Feb. 22, 1686-7. Volume VI has no covers, and some early leaves are miss ing. The earliest entry seems to be of June 7, 1687, and the latest of those chronologically arranged is Oct. 27, 1687, but there are irregular entries so late as April 8, 1701. Volume VII has parchment covers. It is entitled Probate and County Court Records, and like all the preceding vol umes has probate orders, etc. The earliest entry is June 4, 1689, and the last, June, 1703. The records of the courts in this county during the Andros government do not seem to exist. At the end of the volume are recorded a few executions. From 1703 to 1711, the records are missing. Volume VIII (if it may properly be so designated) is in brown-paper covers, and consists of some half-dozen waste books now tied together. It seems to cover the whole period from June 5, 1711, to Sept. 23, 1715. Like all preceding volumes, it is unpaged and unindexed. Volume IX is bound and indexed, and apparently a copy of the preceding down to Nov. 23, 1714, p. 106. Volume X, Aug. 9, 1715, to Nov. 27, 1716, is in paper covers. There is laid in a Docket of Cases, which are numbered. Volume XI, Feb. 19, 1716-7, to Mar. 11, 1717-8. In paper covers. Volume XII, June 3, 1718, to Nov. 24, 1719. In paper covers. There is a Docket for part of the volume. Volume Xni, Feb. 23, 1719-20, to Nov. 22, 1720. In 28 paper covers. It has Dockets of Cases, as do the succeeding volumes. Volume XIV, Feb. 7, 1720-1, to Nov. 26, 1723. In boards. Volume XV, Feb. 26, 1723-4, to June 18, 1725. In parchment. Volumes XVI-XXVI, Nov. 23, 1725, to Nov. 22, 1768. In boards. - For the period between November, 1768, to November, 1784, the records seem to be lost. They are complete from November, 1784, to June, 1855, when the court ceased to exist. There is an Index from June, 1847, to June, 1856. There are six volumes of Defaults, 1809-1856. There are four volumes of Executions, 1790-1820, indexed. From 1835 to 1856, the manuscript dockets are bound in five volumes. A pile of about 300 leaves, burnt at the top, bottom, and' edges of both sides, contains records of Judgments, 1817- 1832. It is wrapped in a paper and curiously had heen sup posed to be the remains of a volume saved from the confla gration at New London in 1781. There are three volumes of Appeals from the County Court, 1809-56. Not indexed. There is one volume of Naturalization Records, which is indexed. The Files appear to be pretty complete from 1701. SUPERIOR COURT, NEW LONDON COUNTY. The court records are complete from 1798, when the court for the first time had a clerk in each county, to the present time, and they are contained in 15 volumes. Before 1856 the volumes are not indexed, but they generally have dockets of cases. From August, 1866, the criminal records are kept in a 29 separate series of volumes, of which there are now three, all indexed. From August, 1867, Divorces have been recorded in sepa rate volumes, of which there are now four, all indexed. There is one volume of Insolvency Cases, March, 1833, to September, 1841, not indexed. There are two volumes of Defaults, 1863-61, indexed. Beginning in 1836, the manuscript dockets have been kept in separate volumes, 22 in number. Declaration of Intended Citizenship are in three volumes, indexed. Records 'of Naturalization are in three volumes, indexed. The Files are preserved since 1798. SUPREME COURT, NEW LONDON COUNTY. The Records of the Supreme Court when held in this county are in two volumes. Vol. I, October, 1819 — October, 1864, not indexed. Vol. II is the current volume and is indexed. In 1866, Windham County was united with New London County to form the Second Judicial District. In 1881, Windham County was detached and annexed to the First Judicial District. PROBATE COURT AT NEW LONDON. Proceedings relative to the settlement of estates before 1698, when the probate courts were erected, are to be sought for in the records of the New London County Court, estab lished in 1666 ; and before that date either in the special courts held at New London or in the Particular Court at Hartford. In 1698, the county of New London embraced the towns of New London, Killingworth^ Lyme, Norwich, Preston, Say- brook, and, Stonington. Colchester was in this district from 1699 to 1708, when it was transferred to Hartford County ; Lebanon was in the district from 1700 to- October, 1719, when it was made a member of Windham district which was the first district established not coterminous with a county ; 30 Plainfield and Canterbury were in New London County until 1719; Voluntown was within New London County from 1719 to'1726, when it was included in Windham County ; Killing- worth and Saybrook were detached ftom the district in 1719 and made part of the new district of Guilford. The district of Norwich, embracing that town and Preston, was erected in October, 1748, and the new district of Stonington, em bracing that town with Groton, in October, 1766. These are all the changes of boundaries of probate districts in New London County before 1776. In the probate office at New London is a manuscript vol ume, entitled : "Alphabetical Index of Probate Piles remain ing from 1763 to 1777, inclusive. See memo, within. The Journals remain from, the beginning to April 22, 1763." The memorandum inside is as follows : " Alphabetical Index of Papers remaining of Probate Files from the year 1763 to 1777, inclusive; the figures referring to tlie years, tlie papers of each year being filed together. W, Wills ; I, Inventory ; Div. and Dis., Division or Distribution of Estates ; Com. Rep.' Report of Commissioners on Insolvent Estates ; Ad. Ac. and Ex. Ac. Administrator's and Executor's Accounts; Reps., Receipts. — On the 6th of September, 1781, were burnt, the Record of Wills, etc., from the beginning ; Files since the year 1777 ; and Journals from April, 1763 ; so that there are re maining (before 6 September, 1781,) the Jou'rnals from the first to the 22d of April, 1763, and Files from the beginning to the year 1777 inclusive, (unless some scattering ones may be missing;) and in general maybe found in the bundle marked with the year in which business to which they relate was transacted. Certif. New London, Jan. 28, 1788. pr. JOSHUA COIT, Clk. Co. Prob. D. N. L." The Journals begin with May 29, 1700, extend to April 22, 1763, — 6 vols., then begin again Sept. 14, 1781. The Record Books, so called, contain the record of wills inventories, etc., beginning with No. 1, which commences with Oct. 9, 1782, all those preceding having been destroyed. FAIRFIELD COUNTY. There was a court held at Fairfield for the trial of small causes from 1639 or 1640, and there are sundry references to courts held there before the division of j;he colony into coun ties in 1666. PROBATE OFFICE, FAIRFIELD. Volume I. On the cover of this book is the label " Probate Records, 1648-66," pp. 94, with index. The top of the book is much injured by corrosion of ink : from one to four inches of the length of many leaves being gone. A memorandum by Andrew Rowland, who was appointed clerk in 1764, says that this damage was done " three or four years before the records came to me as clerk ; viz., while Dav'd Rowland, Esq., was clerk, and Col. Burr judge." The oldest inventory in the book is dated June, 1648, but the first entry in order of paging is dated August, 1664, and tliere are records so late as March, 1662-3. Some Fairfield County wills were probated at Hartford before 1666. Mention has already been made that there are a number of early wills and inventories, 1646-1696, recoirded in Stamford town records. " The second Book of Records, begun June 28th day, A.D. 1665/' 85 pages, with 5 pages of receipts, etc., in the back of the volume, and an index made about a century ago. The third volume, 1675-1690, has 308 pages. At the end are 44 pages of reversed leaves. The next volume, not numbered, 1689-1701. This and the two preceding volumes contain so much of the Fairfield County court records as has reference to the settlement of estates. 32 FAIRFIELD COUNTY COURT RECORDS. These are kept at Bridgeport. The volumes are not num bered nor indexed. The oldest now found is from March 1702-3 to 1741. Two volumes of 144 and 185 old leaves, respectively, and of the periods 1703-1719 and 1720-23, are made up by mounting original leaves upon new paper. Volume, parchment bound, 1741-50, Volume, parchment, 1748-9 to 1760-1. Volume, boards, April, 1751, to May, 1752. Volume, parchment, 1752-55. Volume, old leather, 1766-57. Seven volumes contain the records from 1758 to 1783. A book of five leaves contains Libels in Admiralty, 1779-80. • A book of which only 48 leaves were used, 1787-8. One of which only 19 leaves were used, 1795. Ten volumes, 1800-55. Most of the foregoing are un indexed. There are six unnumbered volumes of Executions, 1785- 1820. Four of them are indexed. There is one volume of Appeals, 1826-52, not indexed. One volume contains county court records, 1861-5, 208 pp., -and miscellaneous records (county commissioners) to 1887, pp. 209-52. FAIRFIELD COUNTY SUPERIOR COURT. These are kept at Bridgeport, and there are 19 unnum bered volumes, and generally unindexed, from 1798 to the present time. One volume of Executions, 1778-1820, partially indexed. Six volumes of Divorces, 1866-87. Three volumes of Defaults, 1841-87. Eight volumes of Naturalization records, 1842-87. One volume. Foreclosures of Mortgages, 1885-87. Four volumes of Criminal Records, 1864-87. 33 Twenty-two volumes of MS. Dockets (Civil), 1840-87. Four volumes of MS. Dockets (Criminal), 1869-87. Two volumes of Appointments of Attorneys, etc., 1861-87. Eight volumes of Criminal Costs, 1855-87. SUPREME COURT OF ERRORS, FAIRFIELD COUNTY. These are also at Bridgeport. The first volume begins in June, 1820, and ends in Octo ber, 1859. A second volume was begun in 1879. WINDHAM COUNTY. The' court records of this county have been ruined by hav ing been kept in a damp vault. The covers of some volumes have rotted off, the paper is decayed and mouldy, and the writing in many places illegible. WINDHAM COUNTY COURT RECORDS. These are now kept in two large iron safes in the court house in Brooklyn. Most of them are not indexed, Volume I begins in June, 1726, and ends in February, 1732. In bad order. Volumes II and III are missing. Volume IV. Parchment bound. February, 1739-40, to March, 1741. A rotten mass. Volume V. December, 1741, to 1744. Very tender, but generally legible. There are twenty-nine more volumes of county court rec ords covering the period from 1744 to 1855, a few of which are in good condition, but most of them are more or less mouldy and decayed. SUPERIOR COURT, WINDHAM COUNTY. Volume I. September, 1798, to January, 1811. Volume [II.] September, 1811, to September, 1823. Cover off ; in pieces ; leaves frayed ; ruinously mouldy. Volume [III.] January, 1824, to January, 1835, in about the same condition. Volume [IV.] October, 183.5, to January, 1844. Mouldy. The other volumes of this series are in good condition. Executions, 1800-18. Cover off ; leaves loose and mouldy. Insolvent Debtors, one volume, 1828-41. Cover off; mouldy. Defaults, October, 1839-1872, good. Manuscript Dockets, nine volumes, in good condition. Since 1876, Civil Causes have been indexed in a Burr Index. The Court Files at Brooklyn are in a wretched condition, from the dampness of the place where they were kept in part, and partly apparently from the ravages of vermin. An Act was passed in 1887, providing for rewriting of such- records of the Superior Court as one of the judges should find required it for their preservation. It is under stood that some progress has been made in the transcrip tion ol a volume. SUPREME COURT, WINDHAM COUNTY. One volume : July, 1827, to August, 1871 ; cover off ; book about one-third used ; unpaged. In 1866 this county, with that of New London, formed the third judicial district, but it was annexed to the first district in 1879. LITCHFIELD COUNTY. Mr. Kilbourn, the clerk, reports that the county court rec ords are substantially complete from 1751, indexed S;fter a fashion, and in pretty fair condition. The files are imperfect, and some of them badly worm-' eaten. The Superior Court records are presumed to be complete from 1798, in pretty good condition, and poorly indexed. The files are generally in good condition. The Supreme Court records are understood to be complete. MIDDLESEX COUNTY. The County Court records from 1785 to December, 1800, are missing : from 1800 to 1855 they are in good order and indexed. The Files exist from 1785. The Superior Court records and files from 1798 are in good condition, and the records are indexed. The Supreme Court records are complete from 1820. ¦^ TOLLAND COUNTY. The clerk reports the condition of the county court records from 1786 as good, and that they are indexed, and that the files are in a good state. The Superior Court records he also reports as complete and in good order, and indexed from 1799, and that the files are also in good order. Of the Supreme Court he says he can find no records back of 1853. YALE UNIVERSITY LIBRARY 3 9002 08867 1103 V ' .V ...ifr'-'-'-i//' .J. , ¦^.' '^: ,r' .y 'r.>' 4.&4f '. , I , •s?« '