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Full text of "Acts and resolves passed by the General Court"

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THE 



ACTS AND RESOLVES, 



PUBLIC AND PRIVATE, 



OF THE 



Province of the Massachusehs Bay: 



TO WHICH AKE PREFIXED 



THE CHARTERS OF THE PROVINCE. 



WITH 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



Published under Chapter 87 op the Resolves of the Geheral Court 
OF the Commonwealth for the Tear 1867. 



YOLUME XVI., 
BEING VOLUME XI. OF THE APPENDIX. 

CONTAINING 

RESOLVES, ETC., 1757-1760. 



J J J > J » J 

i i it 
J 5 tit 



* ' ^ * J '* • ! • • 



BOSTON: ., . 

WRIGHT & POTTCxl rTtlNT.lNjCl.fJCc.;', ^TAITF .PRINTERS, 



18 Post Office Square. 
1909. 



STATE Lia^A^Y OF MASSACHUSEITS, 
DECIV 1909 

STATE HOUSE. iOSTON. 









RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1757-58. 



m 



LEGISLATIVE LIST 



FOR 



1757-58. 



Action by MAJOR PAET OF THE COUNCIL {_until Augiist 3, 1757-] 

His Excellency THOMAS POWNALL [from August 3, 1757], 
Captain^-General and Governor-in-chief, etc. 

ANDREW OLIVER, Esq., 

SECRETARY OF THE PROVINCE. 



COUNCILLOES OK ASSISTANTS. 

Of the InhaMtants of or Proprietors of Lands loithin the Territory formerly 
called the Colony of the Massachusetts Bay ; 

John Osborne 



Francis Foxcroft 
Jacob Wendell 
Benjamin Lynde 
Samuel Danforth 
Samuel Watts 
John Chandler 

EZEKIEL ChEEVER 

Andrew Oliver 



Joseph Pynchon 
Thomas Hutchinson 
Stephen Sewall 
Isaac Eoyall 
► EsQRS. Eleazer Porter 

John Erving 
Benjamin Pickman 
EoBERT Hooper 
James Bowdoin 



■ Esqrs. 



Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly 
called the Colony of Neiu Plymouth ; 

John Gushing 



Sylvanus Bourn 



) 



George Leonard J Esqrs. Gamaliel Bradford j^SQRS. 

Of the Inhabitants of or Proprietors of Lands loithin the Territory formerly 
called the Province of Maine ; 

Sir William Pepperrell, Baronet, John Hill & Eichard Cutt, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
bettveen the River of Sagadehock & Nova Scotia ; 

William Brattle, Esq. 

' See Legislative Records of the Council, xxii., 1-5. 

[3] 



Province Laws (^Resolves, etc.). — 1757-58. [Representatives.] 

For the Province, at large : — 
James Minot & BEifJAMiN Lincoln, Esqrs. 



REPRESENTATIVES OR DEPUTIES. 

May 25, 1757 to April 29, 1758. 

Mr. THOMAS HUBBARD, Speaker. 



Boston, 



Roxbury, 

Dorchester, 

Milton, . 

Braintree, 

Weymouth, 

Hingham, 

Dedham, 

Medfield, 

Stoughton, 

Brookline, 

Wrentham, 

Chelsea, 



County of Suffolk. 

. Thomas Hubbard, Esq., 
Mr. John Tyng, 
Thomas Flucker, Esq., 
Benjamin Prat, Esq. 

. Joseph Williams, Esq. 

. Mr. Samuel How. 

. Mr. Jazaniah Tucker. 

. Josiah Quincy, Esq. 

. Mr. James Humphrey. 

. Jacob Gushing, Esq. 

. Capt. Nathaniel Sumner. 

. Capt. Peter Coolidge. 

. Mr. Richard Bailey. 

. Jeremy Gridley, Esq. 

. Mr. Eliphalet Whiting. 

. Thomas Goldthwait, Esq. 



County of Middlesex — Concluded. 



County of Essex. 

Salem and < John Turner, Esq., 

Danvers, ( Daniel Epes, Esq. 

Ipswich, . . Mr. Daniel Staniford.' 

Newbury, . . Joseph Gerrish, Esq., 
Michael Dalton, Esq. 

Lynn, . . . William Collins, Esq. 

Marblehead, . Jacob Fowle, Esq. 

Andover, . . John Osgood, Esq. 

Beverly, . . Robert Hale, Esq. 

Rowley, . . . Mr. Thomas Lancaster. 

Salisbury, . . Caleb Gushing, Esq. 

Haverhill, . . Mr. David Marsh. 

Olocester, . . William Stevens, Esq. 

Bradford, . . Capt. Benjamin Milliken. 

Boxford, . . Mr. Thomas Perley. 

Ahnsbury, . . Isaac Merrill, Esq. 

Topsfield, . . Mr. John Gould. 

County of Middlesex. 

Cambridge, . Andrew Boardman, Esq. 

Charlestown, . James Russell, Esq. 



Watertown, 


. John Hunt, Esq. 


Woburn, . . 


. Josiah Johnson, Esq. 


Reading, . . 


. Ebenezer Nichols. Esq. 


Concord & 
Carlisle, 


> Capt. James Barrett. 


Newton, 


. Thomas Greenwood, 




Esq. 


Sudbury, . 


. John Xoyes, Esq. 


Marlborough, 


. JSIr. Samuel Witt. 


Oroton, Shirley 
& Pepperrell, 


> William Lawrence, Esq. 


Billerica, . 


. Mr. William Stickney. 


Framingham, 


. Joseph Buckminster, 




Esq. 


Lexington, 


. Benjamin Reed, Esq. 


Weston, . . 


. Elisha Jones, Esq. 


Chelmsford, . 


. Capt. Ephraim Spauld- 

in rr 


Maiden, . . 


mg. 
. Mr. Benjamin Hills. 


Medford, . . 


. Stephen Hall, Esq. 


Waltham, . . 


. Samuel Livermore, Esq 


Stow, . . 


. Mr. Henrj^ Gardner. 


Lincoln, 


. Chambers Russell, Esq. 



County of Hampshire. 

Springfield, . . John Worthington, Esq. 

Mr. Gideon Lyman. 



Northamjitoji & 
Southampton, 
Hadley and 
South Hadley, 
Hatfield, . 
Deerfield and 
Greenfield, 
Westfield, . 
Sujiderland,^ 
Montagice & 
New Salem, 
Brimfield, 
Sheffield, . 



^ Mr. Daniel Staniford died and John Choate, Esq'', was chosen to fill the vacancy 
pp. 86, 137, 138. 

"^ Mr. Josiah Pierce was chosen representative for the town of Sunderland June 16, 1757 
Journal, p. 77. 



Mr. Josiah Peirce. 
Israel Williams, Esq. 
Elijah Williams, Esq. 
Mr. Matthew Noble. 

> Mr. Fellows Billing. 

Mr. Samuel King. 
. Capt. Ithamar Hul)bel. 

See House Journal, 

See House 



[Representatives.] Province Laws (liesolves, etc.). — 1757-58. 



COUNTY 

Worcester, 
La7icaster, 
Leicester <£ ^ 

Sj)encer, 5 

Brookfield, 
Lunenbta'g, . 
Oxford, and \ 
Charleton, S 

Rutland and > 
Rutland Dis- * 
trict, > 

Sutton, 
Shrewsbury, 
Sturbridge, 
Dudley, 
Hardwick, 



OF Worcester. 

Timothy Paine, Esq. 
]\Ir. David Wilder. 

Capt. John Browu. 

Capt. Jabez Upham. 
Capt. Joshua Hutchins. 

Duncan Campbell, Esq. 



John Murray, Esq. 

Capt. Henry Iving. 
Artemas Ward, Esq. 
Moses Marcy, Esq. 
Thomas Cheney, Esq. 
Timothy Ruggles, Esq. 



County of Barnstable — Concluded. 



County of Plymouth. 

Plymouth, . . . Thomas Foster, Esq. 

Sciiuate, . . . Josejih Cushing, Esq. 

Marshjield, . . John Winslow, Esq. 

Duxbury, . . . Gamaliel Bradford, Esq. 

Bridgwater, . . Daniel Howard, Esq. 

Middleboro\ . . Capt. Nathaniel Smith. 

Rochester, . . . Capt. Noah Sprague. 

Plim])ton, . . . Mr. Isaac Bonney. 

Pembroke, . . . Mr. Josiah Keen, 

Kingston, . . . Mr. John Brewster. 

County of Barnstable. 

Barnstable, . . Mr. Edward Bacon. 

Sandwich, . . . Mr. Thomas Smith. 



Eastham, 


. Mr. Jonathan Doane. 


Yarmouth, . 


. IVIr. 'JUiouias Hows, 3'". 


Harwich, 


. Nathaniel Stone, Esq. 


Falmouth, . 


. Capt. Joseph Robinson. 


County of Bristol. 


Tatmton, 


. Samuel White, Esq. 


Rehobolh, 


. Capt. Timothy Walker. 


Swanzey, 


. Mr. John Anthony. 


Dartmouth, . 


. Mr. Benjamin Aken. 


Norton, . . 


. Mr. Thomas Morey. 


Atileborough, 


. Mr. Josiah Maxey. 


Dighton, 


. Mr. Ebenezer Stetson. 


County of York. 


York, . . . 


. John Bradbury, Esq. 


Kilter y, . . 


. Nathaniel Sparhawk, Esq 


Wells, . . 


. Joseph Sayer, Esq. 


Berwick, . . 


. Mr. Benjamin Chad- 




bourne. 


Scarborough, 


. Edward Milliken, Esq. 


Falmouth, 


. Samuel Waldo, Jr., Esq. 


Biddeford, 


. Mr. Samuel Jordan. 



Dukes County. 
Edgartown, . . John Norton, Esq. 

For the County of Nantucket. 

Sherburne, . . Abishai Folger, Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-fifth Day of May, A.D. 1757* 



CHAPTER 1. 

ORDER OF NOTICE ON THE PETITION OF JONATHAN STONE & OTHERS 
TO BE SET OFF FROM LEICESTER TO WORCESTER. 

A Petition of Jonathan Stone of Worcester, James Hart Thomas Legislative 
Beard and James Wallis, all of Leicester, Setting forth that the Line counci?, ''* ^'^^ 
between Leicester and Worcester divides the petitioner Stones Farm ^^"•'^- 
leaving only his House and about Ten Acres of Land in Worcester; ^jj'j"^'' 'J^"^- 
that the other petitioners Farms lye wholly in Leicester, that they Province' 
live Six Miles from the place of publick Worship in Leicester and note.^'^"'^^*' 
are obliged to ride three Miles and an half through Worcester to 
go to it, that by reason of their Situation they have no benefit of 
the School in Leicester, although they pay towards its support ; and 
that they live but about four Miles and an half from the Meeting 
house at Worcester with a good Countrey Road leading to it There- 
fore praying that they with their Estates may be set off to the Town 
of Worcester. 

Read & 

Ordered, that the petitioner notify the Town of Leicester of this 
petition by leaving an Attested Copy thereof with the Clerk of said 
Town that they shew cause (if any they have) on the first Friday of 
the next Sitting of this Court, why the prayer thereof should not 
be granted.' \^Passed May 27. 



CHAPTER 2. 

ORDER APPOINTING A COMMITTEE ON THE MEMORIAL OF THO^ HUTCH- 
INSON, ESQ", IN REGARD TO LANDS MORTGAGED TO COMMISSIONERS 
OF £100,000 LOAN. 

A Memorial of Thomas Hutchinson Esq"" in behalf of the Com- Legislative 
missioners for finishing the hundred thousand pounds Loan Setting ^ouncif °* **** 
forth That in the year, 1724. the then Commissioners recovered xxii.,8.' Mass. 
Judgment against one Lemuel Little for £236.0.6 debt & costs, or 553? '^ '^ ^'' 
otherwise possession of certain Lands, Mortgaged as a Security for Mass. 
payment thereof, that the Money not being paid, possession was ^^^'^Hous'e"'' 
taken, and in the year. 1742. said Lands were Sold for £501. Journal, p. 372. 

* At the hearing, August 19, 1757, Legislative Records of the Council, xxii., 71, this 
petition was dismissed. 

m 



8 



Province Laws {Resolves, etc.). — 1757-58. [Chap. 3.] 



(February 25, 
1757); p. 15. 
Province 
Laws, ii., 61, 
chap. 18. 



That one Joseph Jenkins and Abigail his Wife afterwards peti- 
tioned The Court in the Capacity of Executors to Lemuel Little, 
that upon the payment of the principal Sum and Literest until 
the Equity of Eedemption expired, the Overplus of the Sale might 
belong and be returned to the petitioner which was granted; That 
Isaac Little of Pembroke Escf was and is the Assignee or Repre- 
sentative of said Jenkins and by means thereof the sum of £225 
or thereabouts became due to the said Little. That the said Isaac 
Little likewise purchased the right of Redemption of certain Lands 
Mortgaged by one John Rogers of pembroke for £53 and the Inter- 
est due on said mortgage to the year, 1742. when said Lands of 
Lemuel Little were Sold and the above Ballance became due to 
Isaac Little is £45.3.6 & Charge of taking possession £3. which 
added to £53 makes £101.3.6 so that a Ballance will even in case 
the Lands be assigned to said Little still remain due. That the said 
Lands of John Rogers were taken possession of for the province, 
but that said Isaac Little had been suffered to improve them ever 
since Therefore praying that if it be thought proper he may Assign 
said Lands of John Rogers to said Isaac Little, and that the sum 
that will then become due may be paid out of the publick Treasury, 
the Commissioners having paid the full ballance of their Accounts 
into the Treasury, and it being uncertain whether more Monies will 
ever be received. 

In the House of Represent* 

Read and 

Ordered, That Judge Russell, M'' Flucker & Col° Williams, with 
Such as the Hon^^ Board shall join, be a Committee to take this 
Memorial under Consideration and Report what they judge proper 
for this Court to do thereon 

In Council Read and Concur'd and Benjamin Lyiide and John 
Gushing Esq" are joined in the affair. \^Passed May 28. 



CHAPTBE 3. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF WORCESTER AND ALLOWING £2. 1. 6 FOR THE EX- 
PENSE THEREOF. 



Legislative 
Records of the 
Council, 
xxii., 9. 



House Jour- 
nal, p. 16. 
Province 
Laws, XV, 
chap. 330. 



661, 



The Committee appointed to farm the Duties of Excise on 
Spirituous Liquors within the County of Worcester for one year 
commencing 26 March last, reported. That they had contracted 
with Capt. Edward Harrington of Watertown, he being the highest 
bidder for the same, for the sum of three hundred and eighty nine 
pounds And likewise presented their Account of Expence Amount- 
ing to £2.1.6. 

Read and Accepted, and 

Ordered that there be Allowed and paid out of the publick Treas- 
ury to the said Committee the sum of Two pounds One shilling 
& Six pence in discharge of their account of time and Expences 
exhibited. [^Passed May 28. 



[1st Sess.] Province Laws (^liesolves^ etc.). — 1757-58. 9 

CHAPTEE 4. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF YORK, AND ALLOWING £2. 19. 5 FOR THE EXPENSE 
THEREOF. 

The Committee appointed to farm the duties of Excise on Spir- Legislative 
ituous Liquors in the County of York for one year, commencing ^ouncif**^*^^ 
26 March Uist Reported, that they had Sold the same to Capt. xxii., lo. 
Ichabod Goodwin of Berwick for the sum of Two hundred and House Jour- 
ten pounds six shillings And likewise presented their Account of provliice 
Expence Amounting to Two pounds Nineteen shillings & five pence. Jjfa^j^sJ' *'^^' 

Read and Accepted and 

Ordered that there be allowed and paid out of the publick Treasury 
to the Said Committee the sum of Two pounds Nineteen shillings 
and five pence in discharge of their Account of time & Expences 
exhibited. [Passed May 28. 



CHAPTEE 5. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE 
FOR THE COUNTY OF BRISTOL, AND ALLOWING £2. 4. 1 FOR THE 
EXPENSE THEREOF. 

The Committee appointed to farm the duties of Excise on Spir- Legislative 
ituous Liquors in the County of Bristol for one year, commencing 26 council^ xxii^^ 
March last Reported that they had Sold the same to Capt. Thomas lo- 
Cobb of Taunton for the sum of One hundred and Eighty three House Jour- 
pounds And likewise presented their Account of Expence Amount- pro'vmce 
ing to two pounds fourteen shillings and one penny. cifa^^'^J' ^^^' 

Read and Accepted and 

Ordered that there be allowed and paid out of the publick Treas- 
ury to the Said Committee, the sum of two pounds four shillings 
& one penny in discharge of their Account of time & expences 
exhibited. [Passed May 28. 



CHAPTEE 6. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF PLYMOUTH AND ALLOWING £3. 8. 5 FOR THE EX- 
PENSE THEREOF. 

The Committee appointed to farm out the duties of Excise on Legislative 
Spirituous Liquors in the County of Plymouth for one year, com- council! xxil? 
mencing 26 March last Reported that they had Sold the same to lo- 
James AVarren Jun'' Esq"" for the sum of Four hundred forty five House Jour- 
pounds six shillings and eight pence And also presented their provmce' 
Account of Expence Amounting to Three pounds eight shillings ^ifap^'ssr"'^^' 
and five pence. 

Read and Accepted and 

Ordered that there be allowed and paid out of the publick Treas- 



10 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 7-9.] 



ury to the said Committee the sum of Three pounds eight shillings 
and five pence in full discharge of their Account of time & expences 
exhibited. [Passed May 28. 



Legislative 
Records of the 
Council, xxii., 
10. Mass. 
Arcliives, cv., 
560. 

Mass. 

Archives, cv., 
559. House 
Journal, p. 12. 



CHAPTER 7. 

ORDER OF NOTICE ON THE PETITION OF DAVID HARWOOD TO BE 
ANNEXED TO THE TOWN OF SUTTON. 

A Petition of David Harwood shewing that he is possessed of 
a Farm that was Countrey Land granted and sold by the General 
Court, containing about Ninety Acres, lying on the Southerly part of 
Sutton, which Farm has never yet been Annexed To any Town And 
praying that the same may be Added to the Township of Sutton. 

Eead and 

Ordered that the Petitioner notify the Town of Sutton of this 
Petition by leaving an attested Copy thereof with the Clerk of said 
Town, that they shew Cause (if any they have) on the second Friday 
of the next Sitting of this Court, why the Prayer thereof should not 
be granted. [Passed May 28. 



Legislative 
Records of the 
Council, xxii., 
11. 

House Jour- 
nal, pp. 13, 17. 



CHAPTER 8. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF WORCESTER 

COUNTY. 

The Account of Gardner Chandler Treasurer of the County of 
Worcester being presented to the Court for their Allowance. Eead 
and 

Ordered that this Account be allowed, and that the said Treasurer 
be further Accountable to the said County for the ballance thereof, 
being One hundred and forty one pounds one shilling & five pence, 
as also for the Taxes laid on the Town of Woodstock for the years, 
1748, 1749. 1750. 1751. 1752. 1753. 1754. 1755. & 1756. when he 
shall receive the same. [Passed May 28. 



CHAPTER 9 



ORDER ALLOWING THE ACCOUNT OF TRUSTEES OF HASSANIMISCO OR 

GRAFTON INDIANS. 



Legislative 
Records of the 
Council, xxii., 
11. Mass. 
Archives, 
xxxii., 721. 

Mass. 
Archives, 
xxxii., 720. 
House Jour- 
nal, pp. 12, 16. 
Province 
Laws, xiii., 326, 
chap. 227. 



The Account of John Chandler Esq' & others. Trustees for the 
Hassanamisco or Grafton Indians, being presented to the Court for 
their Allowance, in which Account they charge themselves with 
18/1% ballance of their last Account, and with £34.18.2 Interest 
of the principal Sum under their Improvement, and discharge them- 
selves of the same by their Account of Disbursments, save a bal- 
lance of 5/ 7% remaining in their hands. 

Head and 

Ordered That this Account be allowed, and that the Ballance 



[1st Sess.] Province Laws {liesolves, etc.). — 1757-58. 11 

thereof being five Shillings & seven pence three farthings the said 
Trustees be further Accountable to y® said Indians for. [Passed 
May 28. 

CHAPTER 10. 

VOTE SUSPENDING WORK ON BUILDING A BATTERY AT PROVINCE 
TOWN AND EXEMPTING THE INHABITANTS THEREOF FROM IM- 
PRESSMENT. 

Whereas an Order pass'd the General Court in their Sessions in Legislative 
April last appointing Joshua Atkins & others a Committee to erect coundf xxii!^ 
a small Battery in said Province Town near the Harbour of Cape i2- Mass. 
Cod of six Carriage Guns and that the Cap*^ General be desired to ixx'vYCvi. 
deliver Cannon Powder & Ball to said Committee for said Battery, House Jour. 
& that the Sum of One hundred and fifty Pounds be paid out of 2\^'^¥ro-vim-& 
the publick Treasury to said Committee to build said Battery &c^ Laws, xv., 702, 

Voted that said Order be so far suspended as that Orders be given '''^^p-*^^- 
to said Atkins and others to forbear building said Battery, or doing 
any thing preparitory to said Work, till the further Order of this 
Court. 

And that the Inhabitants of Province Town only be freed from 
Impress during the present War any thing in the aforesaid Vote of 
the Court to the contrary notwithstanding. [Passed May 30. 



CHAPTEE 11. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO SAMUEL 

SMITH. 

A Petition of Samuel Smith of Worcester, a Soldier in the late Legislative 
Crown point Expedition setting forth that in his return home, he councff xx?i!^ 
returned his Arms to a Storekeeper at the Half Moon, notwithstand- i2- Mass. 
ing which there was a Stoppage made from his Wages of Four pounds ixxvii., 55. 
for said Arms, And praying that said Stoppage may be taken oflp, Mass. ' 

and the Treasurer directed to pay him the said Four pounds. i^x^va^^li 

Read and House Jour- 

Ordered, That the Treasurer be & hereby is directed to pay to the pro^n'ccf'^* 
Petitioner four pounds being the sum stopped out of the Wages due ^tf;^® 416 '• ^^^' 
to him on the last Crown point Expedition On Acc° of his Arms not 
being returned. [Passed May 30. 



CHAPTER 12. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO SQUIER 

WHEELER. 

A Petition of Squier Wheeler setting forth that he was a Sol- Refords'of the 
dier in the late Crown point Expedition and received a Gun out of council, xxii., 
the province Store ; that he was afterwards made a Drummer and ArchYve^,' 
his Gun was delivered to Emanuel Clark and afterwards into the ixxvii., 90. 
Store at Fort Edward, notwithstanding which there was a stoppage ^'^^^^'^o^S; 
made of part of his Wages on Account of said Gun; and praying province' 

for Rplipf Laws, XV., 69.5, 

lor iteiiei. ^^^^ 4ig 



12 



Province Laws {Besolves, etc.). — 1757-58. [Chaps. 13-15.] 



Eead and 

Ordered^ That the Treasurer be and hereby is directed to pay to 
the Petitioner four pounds being y*" sum Stopped out of the Wages 
due to him on the last Crown point Expedition, on Acco* of his 
Arms not being returned. \^Passed May SI. 



CHAPTEE 13. 



Legislative 
Records of the 
Council, xxii., 
13. Mass. 
Archives, Ixv., 
363. 

House Jour- 
nal, p. 24. 
Province 
Laws, iii., 1027, 
chap. 25; 1082, 
note. 



ORDER THAT NO BOND SHALL BE REQUIRED AT THE IMPOST OFFICE 
WHEN GIVEN AT THE CUSTOM HOUSE. 

Whereas in and by an Act Intitled an Act for preventing the 
Exportation of Provisions & AVarlike Stores, it is among other 
things Provided, that it shall be lawfull for the master of any ship 
or Vessell or the owner or Factor to Transport any sort of Provi- 
sions or Warlike stores to any of his Majesty's Colonies or Planta- 
tions in Is" America or Fish in bulk to some place in Europe in 
Amity w**^ his Majesty first Giving bond to the Impost Officer in 
the sum mentioned in s*^ Act to carry such Provisions & Stores to 
the Port for W^^ they were designed and Whereas by an Order 

from the Hon^' the Comissioners of his Maj'^y* Customs the several 
Collectors in the respective Ports are Enjoyn'd to take bonds for the 
same purpose of all masters who load any provisions or warlike stores. 
Whereby the Giving bond at the Impost Office is become Unesscessary ' 

Wherefore 

Ordered that when it shall Appear to the Impost Officer or his 
Deputies, That a bond has been given at the Custom house for the 
Purposes afores'' That then t& in such case no bond, shall be required 
at the Impost office of any Master owner or Freighter loading as 
afores*^. [Passed May 31. 



Legislative 
Records of the 
Council, xxii., 
14. Mass. 
Archives, Ixv., 
368. 

Legislative 
Records of the 
Council, xxi., 
464. House 
Journal, p. 21. 
Province 
Laws, iii., 989, 
chap. 12; 1065, 
note. 



CHAPTER 14. 

VOTE ADVANCING ONE MONTHS PAY TO THE OFFICERS OF THE PROV- 
INCE SHIP AND SNOW. 

Voted, That the Treasurer be, and hereby is, directed to pay one 
month's Advance Wages to each of the officers belonging to the 
Province Ship and Snow lately built & equipped by this Govern- 
ment to guard the Coast. [Passed June 1. 



CHAPTER 15. 



Legislative 
Records of the 
Council, xxii., 
14. Mass. 
Archives, 
Ixxvii., 72. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 AND A 
FURTHER SUM OF 12/ TO JOHN FORBUSH. 

A Petition of John Forbush Setting forth that he was a Soldier 
in the last Crown point Expedition and carried his own Gun, but 
being charged with one of the province Guns he cannot receive his 
Wages, until that Mistake be rectified Therefore praying Relief; 

1 Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1757-58. 13 

T?o-ifl iTifl House Jour- 

iteaa ana ^.,1^ p. 27. 

Ordered, That the Treasurer be and hereby is directed to pay to £™^^°^'' .^3 
the Petitioner four pounds the sum stopped out of the wages due cifa^! 459 f " ' 
to him on the last Cr" p* Exped" on Acc° of his Arms not being «95,«hap. 
returned, Also the further sum of twelve shillings for the use of 
his Gun w*^^ he carried with him into said service. \^Passed Jiuie 1. 



CHAPTER 16. 



RESOLVE AND VOTE GRANTING BOUNTY TO PERSONS KILLING, CAPTUR- 
ING AND SCALPING INDIANS. 

Resolved that there be allowed and paid out of the Publick Treas- Legislative 
ury to any Number of the Inhabitants of this Province not in the coun^xxil!? 
pay of the Government who shall be disposed to go in quest of the ^^^.j^^'^g^g- 
Indian Enemy, and shall before they go signify in Writing to some ixxvii., 94. 
Military Officer (not below the degree of a Captain) in that part of Mass. 
the Province from which they shall go, their Intentions witli their xxxvm^'300. 
Names, the following Bounty Viz* For every Indian Enemy House Jour^ 

they shall kill and produce the Scalp to the Governour & Council province ' 
in evidence, the Sum of Three hundred Pounds; chap^sv-^' ^^'^' 

For every Indian Enemy they shall Captivate & deliver to the 
Governour & Council, the sum of Three hundred & twenty Pounds. 

And that the Chief Officer of such Party keep a Journal of his 
proceedings during his March & return the same into the Secretary's 
Office. 

Also 

Voted that there be allowed and paid out of the Publick Treasury 
to every private Person being an Inhabitant of this Province or Sol- 
dier in the pay of this Government on the Eastern or AVestern Fron- 
tiers of this Province who shall captivate any of the Indian Enemy, 
anywhere between the Province of New York & Nova Scotia, & 
deliver such Captive to the Governour & Council, the Sum of Fifty 
Pounds for each Captive 

And to every Inhabitant or Soldier in pay of the Governmeut 
who shall kill any of the Indian Enemy, within the Limits afore- 
said, & produce the Scalp to the Governour & Council in Evidence, 
the Sum of Forty Pounds for each Scalp. 

The foregoing Encouragement for Captives & Scalps to be allowed, 
for the space of one Year, from the 10"" of June next & no longer. 
[^Passed June 1. 

CHAPTER 17. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 EACH TO 
MERCY PIXLEY, OLIVER WATSON AND LAURENCE LYNCH. 



A Petition of Mercy Pixley AVidow of John Pixley deced Oliver Legislative 
Watson and Laurence Lynch, setting forth that the said John, Oliver counctf, x!xii!? 
and Laurence were in his Majesty's Service in the last Crown point ^l:^^^l^^l- 
Expedition, and lodged their Arms at Sheffield when the Service was ixxvi., -43. 
over, which were afterwards received into Custody by John Foye House Jour- 
Esq' in behalf and by order of the Government Therefore praying pro'^j^cf^' ''^^• 
that they may be respectively enabled to receive the sum of Four L^aw8,jv.,695, 
pounds each, which has been stopped out of their AVages on account ^ ^'^' 
of the said Arms not being duly returned. 



u 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 18-20.] 



Eead and 

Ordered, That the Treasurer be and hereby is directed to pay to 
the Pef' four pounds each, being the sum stopped out of the Wages 
of the %^ John Pixley Oliver Watson, & Lawrence Lynch on Ace" of 
their Arms not being returned. [^Passed June 1. 



CHAPTEE 18. 



Legislative 
Records of tlie 
Council, xxii., 

18. 

House Jour- 
nal, pp. 13, 25. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLESEX 

COUNTY. 

The Account of Daniel Russell Esq'' Treasurer of the County 
of Middlesex being presented to the Court for Allowance. 

Read and 

Ordered, that this Account be allowed, and that the ballance 
thereof being Ninety Six pounds twelve shillings and three pence 
one farthing the said Treasurer be further Accountable to said 
County for. \^Passed June 2. 



CHAPTER 19. 



ORDER ALLOWING 42/ SVa TO DUNCAN CAMPBELL, ESQ^. 

^gieiauve A PETITION of Duncan Campbell Esq"" of Oxford, setting forth 

Council, xxii., that in January, 1756. the Selectmen of the Town of Newton bound 

^^ out to him five Children of some of the late Inhabitants of Nova 

Scotia, that their parents followed them to Worcester where he had 
placed them; that after some time they all went away and left him; 
and that he has been at considerable Expence in transporting them 
and Subsisting them and praying an Allowance. 
Read and 

Ordered that there be Allowed and paid out of the publick Treas- 
ury to the petitioner the sum of Forty two shillings and three pence 
half penny in full discharge of the Accounts exhibited. \^Passed 
June 2. 



House Jour- 
nal, pp. 22, 28. 
Province 
Laws, iv., 96, 
note. 



CHAPTER 20. 



Legislative 
Records of the 
Council, xxii., 
21. Mass. 
Archives, 
Ixxvii., 53. 

Mass. 
Archives, 
Ixxvii., 52. 
House Jour- 
nal, pp.24, 30. 
Province 
Laws, XV., 669, 
chap. 353. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £3. 4 TO 

EDWARD McGOWEN. 

A Petition of Edward M'^Gowen setting forth that in August, 
1756. he inlisted himself a Soldier under the Command of Capt. 
Benjamin Goldthwait, that he was taken Sick at Westfield in his 
way to Albany, and performed the Duty required of him; that he 
was two Months in the Service, and hath received no Wages there- 
for. And praying an Order for the same. 

Read and 

Ordered, That the Treasurer be and hereby is directed, to pay the 
Petitioner the sum of three Pounds four Shillings being two Months 
Wages according to the last years Establishment, in full of his Ser- 
vices mentioned. [Passed June 3. 



[1st Sess.] Province Laws {Resolves, etc.). — 1757-58. 15 



CHAPTER 21. 

ORDER ANNEXING THE INHABITANTS OF THE GORE TO THE DISTRICT 

OF CHARLTON. 

The Committee to whom was referred the Petition of the Inhabi- Rgford^of the 
tants of Charlton District, praying to have the Inhabitants of the oouncii.xxii., 
Gore annexed to them, having heard the parties, and read the papers ArciiivtfB^," 
relative thereunto, do find that the said Inhabitants on the said Gore cxvii., si. 
are so situated as that it will be best to lay them to the said District ^^^^^^f g.^J,"''" 
of Charlton; which thereby will be well enabled to support publick (February 12, 
Charges ; The Committee therefore report that the Inhabitants of the Province^' 
said Gore »& Lands contained within the bounds petitioned for, be ^jfa^^'a^J"*'^^^' 
and hereby are set and annexed unto the said District of Charlton, 
and made part thereof, so as to do Duty and enjoy priviledges as the 
other Inhabitants of Said District do enjoy. 

Sign'd, In the Name and by order of the Committee 

Benj^ Lynde. 

Read and accepted and 

Ordered That the Inhabitants of the said Gore and the Lands 
contain'd within the Bounds petition'd for, be and hereby are an- 
nexed to the District of Charlton and made part thereof; and do 
duty and enjoy Privilege as the other Inhabitants of said District 
do or by Law ought to enjoy. \^Passed June 3. 



CHAPTEE 22. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £5. 7. 7 TO 

WILLIAM EATON. 

A Petition of William Eaton a Soldier in the Crown point Ex- Legislative 
pedition in 1756. setting forth, that as he was likewise a Soldier in coundf xxik^ 
the Expedition in 1755. He is intitled to half pay during the Space i9- 
betwixt the two Expeditions; but that he has been omitted in mak- House .Jour- 
ing up the Rolls, and made up short likewise for his whole pay; provin'cef ' '^^' 
Therefore praying Relief. Sfap^slo''^^^' 

Read and 

Ordered that the Treasurer be and hereby is directed to pay to 
Caleb Cushing Esq'' for the Use of the Petitioner, Fifty nine shil- 
lings and seven pence being the half pay he was intitled to on his 
re-enlisting into the Service on the last Crown point Expedition, and 
Forty eight shillings for the time he was made up short in Capt. 
Moors Muster Roll Amounting in the whole to the sum of Five 
pounds Seven shillings and seven pence. \^Passed June 3. 



CHAPTER 23. 



ORDER IMPOWERING SAMUEL HARPER, ADM", TO SELL AN ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Samuel Harper Administrator on the Estate of ^^?'^'f"^f,v, 

AT TT 1 oTT IT T' ji' j!ii Rccords of the 

Andrew Harper late oi Harvard deceased intestate, setting lorth council, xxii., 



16 



Province Laws (Hesolves, etc.) . — 1757-58. [Chap. 24.] 



20. Mass. 
Archives, xix., 
586. 

Mass. 

Archives, xix., 
584-587. House 
Journal, pp. 22, 
23, 29, 30. 
Province 
Laws, ii., 151, 
chap. 10; XV., 
744, chap. 536. 



that in April last he petitioned the Court for liberty to Sell the 
Real Estate of the said deceased, exclusive of the Widows Dower 
for the reasons mentioned in said petition, That in consequence of 
said petition liberty was granted to Sell the said two thirds of the 
deceased's Real Estate, nevertheless subjecting one third of the 
Income of the proceeds thereof for the Use of the Widow during 
Life. And inasmuch as the Widows Dower or Third part was not 
proposed to be Sold; He prays that he may have liberty agreeable 
to the prayer of his former petition to make Sale of two thirds of 
said Real Estate exclusive of the Widows thirds, and that the former 
Order may be set aside. 

Read and 

Ordered, That the Prayer of the Petition be granted; and that, 
after the Widow of said deceased shall have her thirds sett off to 
her as her Dower in said Deceased's reall Estate, the said Admin' 
be and hereby is impowered to make Sale of the remaining two 
thirds of said deceased's reall Estate for the most the same will 
fetch, he observing the directions of the Law respecting the Sale 
of real Estates by Exec" & Admin" And to make and execute a 
good Deed or Deeds for Conveyance of the same, the Proceeds 
whereof to be applied for the payment of said deceased's Debts; 
And if there should be a surplusage remain in s*^ Admin""'* hands 
after the Debts shall be paid, that the same be divided among the 
Heirs of y'' deceased according to Law; and that Sufficient Caution 
be given to the Judge of Probate for the County of Worcester ac- 
cordingly: And that y® Order made on the said Administrator's 
former Petition, on the 18**^ of April last be set aside & declared 
void. [Passed June 3. 



CHAPTER 24. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 AND A 
FURTHER SUM OF 12/ TO CHARLES RICE. 



Lesrislative 
Records of the 
Council, xxii., 
21. Mass. 
Archives, 
Ixxvii., 83. 

House Jour- 
nal, pp. 22, 32. 
Province 
Laws, XV., 695, 
chap. 416. 



A Petition of Charles Rice of Westborough, setting forth, that 
he was a Soldier in the last Crown point Expedition, and carried 
his own Gun as Certified by the Commissary of the Musters, but 
that in making up Capt. Richardson's Muster Roll he is charged 
with One of the province Arms, and Four pounds has in conse- 
quence thereof been stopt from his Wages on Account of said Gun's 
not being returned and praying Relief. 

Read and 

Ordered That the Treasurer be and hereby is directed to pay the 
Petitioner four pounds being the sum stopped out of the wages due 
to him in y® last Crown point Exped" & also the further sum of 
twelve Shills^ for the use of his own Gun which he carried with him 
into the said Service. [Passed June <?.' 

' The date of final concurrence in the Council is given in Mass. Archives as June 2, 
evidently a mistake, as the same order states that its reading in the House occurred on 
June 3. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1757-58. 17 



CHAPTER 25. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO NOAH 

McINTYRE. 

A Petition of Noah M'^Intyer, a Soldier in the Crownpoint R|fo^^^\"J,%ije 
Expedition in 1756, setting forth, that he delivered his Gun to Council, xxii., 
Capt, Joel Bradford at Albany, but that Four pounds has been ArcMves,' 
stopt out of his Wages on Account of said Gun, as if it had not ixxvii., 97. 
been returned And praying that he may be relieved; And that he Mass. 
may likewise receive an Allowance for his Expences on his return ixxvii., ae. 
home, and of a tedious Sickness afterwards : J^°i"p*; 3°"'"" 

Read and l'Iws"x? 695 

Ordered^ That the Prayer of this Petition be so far granted as ch*^!'4i6.' ' 
that the Treasurer be and hereby is directed to pay the Petitioner 
four pounds the sum stopped out of the wages due to him on 
y® last Crown point Expedition on account of his arms not being 
returned. \^Passed June 3. 



CHAPTER 26. 

ORDER ON THE PETITION OF JOHN AND EDWARD WINSLOW, ESQ^s, IN 
REGARD TO DISCHARGING A MORTGAGE AND DIRECTING THE COM- 
MISSIONERS OF THE £100,000 LOAN TO DEPOSIT THE BOOKS AND 
ACCOUNTS THEREOF WITH THE SECRETARY OF STATE. 

A Petition of John Winslow of Marshfield and Edward Winslow Legislative 
of Plymouth Esq'" setting forth, that their Father Isaac Winslow counc*if, xxn.? 
Esq'" late of Marshfield deceased had for the consideration of One '^l:^^^l^^l\^y^ 
hundred pounds Bills of Credit of this province, Mortgaged on the 58L 
7"* day of May. 1717. a part of his Farm at Marshfield, to the Com- Mass. 
missioners of the £100,000 Loan, the principal and Interest of which ^of'^House'^'* 
he had fully paid and discharged in his Lifetime as appears by the Journal, 
Commissioner's Book, but that the Mortgage is not discharged but Province 
stands on the Records in full Force. Therefore praying that the Reg- chap!'i8."^^' 
ister of Deeds for the County of Plymouth may be directed to dis- 
charge the same, or that they be otherwise relieved. 

Read and 

Ordered, That the Prayer of this Memor'-be granted; And That 
the Register of Deeds for the County of Plymouth be and hereby 
is directed to enter a Discharge of the Mortgage mentioned in the 
Margin of y® Record of said Mortgage; And that the Books and 
Accompts relating to the £100,000 Loan kept by the Commis- 
sioners in the County of Plymouth be delivered into the Secre- 
tary's Office, there to be kept for the use of this Province. \^Passed 
June 3. 



18 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 27-30.] 



CHAPTER 27. 

VOTE DIRECTING THE DELIVERY OF A GUN TO ADMINISTRATOR OF' 

SOLOMON FRENCH. 

Rifords'onhe ^^^ ^^® House of Eepresentatives 

Council, xxii., Inasmuch as it has been made [to] appear to this House that Solo- 
ArcWvefs^," nion French a Soldier in the service of the Province at Lake George 
ixxvii., 105. {^ ]^'75(3 carried his own Firelock into said Service, and that he died 
House Jour- there, & his Firelock is by his Officer since lodged in the Commis- 
' " " sary General's Store at Boston. 

Therefore 

Voted that the Commissary General be directed to deliver the said 
Firelock to Caleb Gushing Esq'' for the use of the Administrator on 
said Solomon's Estate. 

In Council Kead and Concur'd. [Passed June S. 



Legislative 
Records of the 
Council, xxil., 
23. Mass. 
Archives, 
Ixxvii., 104. 

House Jour- 
nal, p. 34. 
Province 

Laws, XV., 707, 
chap. 448. 



CHAPTER 28. 

ORDER ALLOWING SUBSISTENCE FOR 18 MEN AT BROAD BAY. 

Ordered, That there be allowed Subsistence for eighteen Men 
Inhabitants of Broad Bay, in addition to the Pay & Subsistence 
of Soldiers allowed for said place, during the continuance of the 
Establishment for defence of y® Frontiers. [Passed June 3. 



Legislative 
Records of the 
Council, xxii., 
24. Mass. 
Archives, 
Ixxvl., 753. 

Mass. 
Archives, 
Ixxvi., 753. 
House Jour- 
nal, pp. 20, 34. 



CHAPTER 29. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY 32/ AND A 
FURTHER SUM OF 12/ TO SETH BULLOCK. 

A Petition of Seth Bullock of Rehoboth, setting forth that he 
inlisted himself a Soldier in the Crown point Expedition in 1756. 
that he carried his own Gun and was made up One Month short of 
the time he served in Capt. House's Muster Roll And praying an 
Allowance 

Read and 

Ordered, that the Treasurer pay to y'^ Petitioner thirty two Shil- 
lings for the months wages due to him Omitted in Maj"" House's 
Muster Roll, & twelve shillings for y® use of his Gun, which he 
carried w**^ him into y*^ service on y*^ last C° p* Expedition. [Passed 
June 4. 



CHAPTER 30. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY 28/ TO THE 

HEIRS OF AMASA WOOD. 



Records^Jf the ^ PETITION of Nathaniel Cooke setting forth that in making 

Council, xxii., up his Muster Roll in the late Crown point Expedition one Amasa 

Archive^s,' Wood deceased was by Mistake made up only to the 10"' of Septem- 

ixxvi. , 756. \fQY, whereas he lived to the 4'^ of October & ought to have been 



[1st Sess.] Province Laws {Besolves, etc.). — 1757-58. 19 

up to that time Therefore praying in behalf of the Relations of nai^ppf^^as 
the Deceased, that said Mistake may be rectified. 35. ' 

Read and 

Ordered That tlie Treasurer pay to Cap*^ Nath' Smith for y'' use 
of y*^ heirs of Amasa Wood twenty eight Shillings, in full of liis 
wages omitted in said Cooks Muster Roll on y*^ last Crown-point 
Expedition. [Passed June 4. 



CHAPTEK 31. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4. 16 TO 

JOSHUA EAMES. 

A Petition of Joshua Eames, a Soldier in the Crown point Ex- Legislative 
pedition in 1756. setting forth that he proceeded in the Service so councif xxil^ 
far as the Half Moon, where he was ordered to take care of one 2*. Mass. 
Nathaniel Low a Sick Soldier, where he was afterwards taken Sick ixxvi.,752. 



himself & by advice of Docf Calef returned home, which he did Mass. 
accordingly, and continued ill for some time afterwards, and as he i^^y/^75'i 
apprehends is borne upon no Roll, he prays he may be Allowed for House'jour- 
his Service & for his Doctors Bill. ''^^' ^'^- ^*' ^•^• 

Read and 

Ordered, That the Treasurer pay to Josiah Johnson Esq' for the 
use of y" Pef four pounds sixteen shillings in full of his AVages 
whilest in y* service on y*" last Crown-point Exped", and in dis- 
charge of his Doctor's Bill exhibited. [Passed June 4. 



CHAPTER 32. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £3. 2 TO 

ROBERT BLAIR. 

A Petition of Robert Blair setting forth that he was a Soldier Legislative 
in the last intended Expedition against Crown point in Capt. Mosely's counoff, xxii!f 
Company in whose Roll he was made up till the Return of the Army, 25. Mass. 
when he inlisted in Capt. Ingersolls Company in order to Compleat ixxvi., 758. 
some Works, and served as a Serjeant about two Months; but that House Jour- 
it so happen'd he was left out in the Muster Roll, And praying nai,pp.i4,35. 
Relief ; 

Read and 

Ordered, That the Treasurer pay to M"" Matthew Noble for the 
use of y^ Pet' the sum of three Pounds two Shillings in full of his 
wages omitted in the Muster Roll of y* Company he belonged to 
on y*" last Crown point Expedition. [Passed June 4. 



CHAPTER 33. 

ORDER ON THE PETITION OF NOAH SPRAGUE IMPOWERING REFERREES 

TO AMEND REPORT, &c. 



A Petition of Noah Sprague Agent for the Town of Rochester Legislative 

"TOft 

,xxl., 



shewing that at the Superiour Court in Taunton for the County of counc'if.x**''^ 



20 



Province Laws {Resolves, etc.). — 1757-58. [Chap. 34.] 



348. Mass. 
Archives, 
cxvii., 243. 

Mass. 
Archives, 
cxvii., 246. 
Legislative 
Records of the 
Council, xxi., 
380,555; xxii., 
25. House 
Journal, p. 262 
(January, 
1757); pp. 29, 38. 



Bristol in July 1755. The Towns of Dartmouth and Rochester entred 
into a Rule of Court for settling the bounds of said Towns: that 
the referrees have reported, and their report been accepted, in 
which report a Covenant between the proprietors of said Towns 
had slipt their Attention, therefore praying that the referrees may 
be enabled to rectify their report. 

The Committee to whom was referred the within Petition; beg 
leave to report; that they have considered the same, the answer 
thereto, & heard the Parties thereon ; and are of opinion, that the 
facts in s^ petition are all true and therefore that the Referrees 
within mentioned be fully authorised & impowred to consider the 
reserve in the covenant within mentioned, & make report thereon 
at the next Superiour Court of Judicature *&c to be holden at Taun- 
ton in & for the County of Bristol in October next: and that the 
Justices of s*^ Court be empowred, then & there to receive the same, 
enter up judgment thereon & that it shall to all intents & purposes 
whatsoever be as valid, as if the same had been contained in the 
Report of s*^ Referrees made at s*^ Court in July 1755 

by order of the Committee W" Brattle 

Read and accepted and thereupon 

Ordered that s*^ Referrees be fully authorised & impowred to con- 
sider the reserve in the Covenant above mentioned, & make report 
thereon at the Superiour court of Judicature &c to be holden at 
s*^ Taunton in October next and that the Justices of s"* Court hereby 
are impowred to receive the same & enter up Judgment thereon and 
that it shall be as valid to all intents & purposes whatsoever as if the 
same had been contained in the report of s*^ Referrees made at s** 
Court in July 1755. \^Passed June 4. 



CHAPTER 34. 



Legislative 
Records of the 
Council, xxii., 
26. Mass. 
Archives, Ixv., 
362. 

Mass. 

Archives, Ixv., 
360. House 
Journal, pp. 14, 
39. Province 
Laws, iii., 1002, 
chap. 19; 1071, 
note. 



ORDER REMITTING DUTY ON MERCHANDISE REIMPORTED FROM 
GREAT BRITAIN BY JOSEPH JACKSON. 

A Petition of Joseph Jackson of Boston setting forth that in 
the Month of December last, He imported into this province a Cask 
of Beaver from Great Britain, for which the Collector of Impost 
demands of him four pence for every twenty shillings value as the 
duty thereof by virtue of an Act of this Government intituled An 
Act for granting unto his Majesty several Rates and Duties of Impost 
and Tunnage of Shipping ; And further setting forth that although 
said Beaver was not the product of Great Britain, and so exempted 
from said Duty ; yet as it was the product of America and reimported, 
he prays an Order of this Court to exempt him from paying the Duties 
on the aforesaid Cask of Beaver, 

Read and 

Ordered That the Prayer of this Petition be granted, and that 
the Duty mentioned in the Petition be and hereby is remitted to the 
Pef, and the Impost Officer is hereby required not to Demand the 
same. \^Passed June 4. 



[1st Sess.] Province Laws (^Besolves, etc.). — 1757-58. 21 



CHAPTEE 35. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY 34/3 TO W" 

MIDDLETON. 

A Petition of William Middleton of Haverhill, setting forth R|ford"of the 
that he went in the Crown point Expedition in the last year, council, xxu., 
and that when the Army was disbanded in November, he upon ArcWves^,' 
the Enconragement offered by General AVinslow agreed to tarry ixxvi., 747. 
to build Barracks & other Works and accordingly remained there Mass. 
and wrought faithfully thereupon Six Weeks but that it so hap- ixxvi., 746. 
pen'd that he was not made up in the Muster Polls for the term nai^ppi^ss^ss. 
aforesaid; And praying Relief. 

Read & 

Ordered, That y" Treasurer pay to M'^ David March, for y*' use of 
y* Pef thirty four Shillings & three pence, in full of his wages due 
for his services mentioned omitted in y*' Muster Roll, on y*^ last Crown 
p^ Exped". [Passed June 4. 



CHAPTER 36. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY THE WAGES 

DUE SETH GAREY. 

A Petition of Seth Garey setting forth that he was a Soldier Legislative 
in the Crown point Expedition in 1756, in Capt. Knowles's Com- councif xxif^ 
pany but was not made up in said Captain's Roll, except it was by 27. 
the name of Seth Games, and inasmuch as there was no such Man Mass. 
in the said Company he apprehends he was made up by Mistake bfxvi.l745. 
under that name ; therefore praying for Relief. House Jour- 

Read and 

Ordered that that the Treasurer be and hereby is directed to pay 
to the petitioner the Wages due to him as a Soldier in the Crown 
point Expedition in 1756. in Capt. Knowles's Company it appear- 
ing to the Court that the said Garey was made up by a wrong Name 
in said Roll, Viz* Seth Games there being no such person in the 
Company. [Passed June 4. 



CHAPTER 37. 

ORDER GRANTING TO ELIJAH COBB LICENCE TO KEEP AN INN. 

A Petition of Elijah Cobb of Taunton setting forth that he Legislative 
has lately purchased a House near the Great Bridge which has been councif xxil^ 
heretofore licensed for a House of publick Entertainment and is 29. Mass. 
very conveniently situated for that purpose, that the Selectmen 402? ^^^'^^ '* 
sensible of this have approbated him to keep a publick House, but House Jour- 
as the Court of General Sessions of the peace for granting Licences proV^nee 
will not Sit till September, He prays that the said Court may be Laws, lu., 64, 
enabled at their Sessions in this present Month to grant him a ^'^^p-^'^- 
Licence if they see fit. 

Read and 



22 



Province Laws {Resolves, etc.) . — 1757-58. [Chaps. 38-40.] 



Ordered, That the Prayer of this Petition be granted; and That 
the Court of General Sessions of the Peace for y^ County of Bris- 
toll be & hereby are impowered, at their sessions in June Current, 
to grant the Pef a Licence (if they see fit) to keep an house of 
public Entertainment in y*^ Town of Taunton, he producing an 
approbation from y*^ select men of said Town, the Time for grant- 
ing Licences being Elapsed Notwithstanding, [Passed June 7. 



CHAPTER 38. 



ORDER ALLOWING £5. 14 TO JOHN BAGLEY. 



Legislative 
Records of the 
Council, xxii., 
29. Mass. 
Archives, 
Ixxvi., 669. 

Mass. 
Archives, 
Ixxvi., 669. 
House Jour- 
nal, p. 41. 



A Petition of John Bagley of Braintree setting forth that in 
May, 1756, he was impressed into his Majesty's Service and Marched 
to Sheffield where he was taken Sick and continued so for three 
Weeks, that upon his Recovery he Marched to Albany where his 
Sickness returned and he remained unserviceable to the 6'^ October 
following when he returned to New England, but it has so happened 
that he was not made up in the Muster Eoll Therefore praying Relief. 

Read and 

Ordered that there be allowed and paid out of y^ public Treasury 
to the Pef the sum of five pouiids fourteen shillings in full consid- 
eration of his services on y'^ last Crown p* Expedition mentioned. 
[Passed June 7. 



Legislative 
Records of the 
Council, xxii., 
30. Mass. 
Archives, 
lxxvii.,51. 

House Jour- 
nal, pp. 14, 40. 



CHAPTER 39. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY TO MOSES LE- 
LAND THE WAGES OF HIS SERVANT, AND A FURTHER SUM OF 19/. 

A Petition of Moses Leland of Sutton, setting forth that his 
Servant Ebenezer Bly was impressed into his Majesty's Service on 
the late Crown point Expedition ; that after the Army was dismissed 
he continued at Lake George to take care of the Sick, and did not 
return till the 28"^ of December after. And praying that he may be 
Allowed to draw his Said Servants Wages as made up in the Muster 
Roll, And likewise for the time he tarried after the rest of the Army. 

Read and 

Ordered That the Treasurer pay the Petitioner the wages of his 
servant Ebe.n'' by mistake called Stephen Bly, as made up in the 
Muster Roll of y*^ Comp** he belonged to on the last Crown point 
Expedition and Also the sum of Nineteen Shillings for the Time 
he tarried after the Army was dismist. [Passed June 7. 



Legislative 
Records of the 
Council, xxii., 
30. 

House Jour- 
nal, p. 46. 
Province 
Laws, XV., 583, 
chap. 130. 



CHAPTER 40. 



ORDER DIRECTING THE COMMISSARY GENERAL TO 
WHALE-BOATS FOR S'^ GEORGES. 



FURNISH TWO 



Ordered that the Commissary General be directed to procure two 
Whaleboats for the use of the province to be sent forthwith to Capt. 
Joshua Freeman at S' Georges. [Passed June 7. 



[1st Sess.] Province Laws (Besolves, etc.). — 1757-58. 23 



CHAPTEK 41. 

ORDER IMPOWERING JAMES PENNIMAN & SAMUEL NILES, Jk EXEC- 
UTORS, TO SELL LANDS AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 

A Petition of James Penniman and Samuel Niles jun"" Executors Legislative 
to the last Will and Testament of Nehemiah Hayden late of Braintree counc"if, xliilf 
deceased, setting forth, That the said Nehemiah by his Will afore- ^^cMvis^xix' 
said committed the care of two of his Children to the petitioners, 539. 
Viz' of Zachary Hayden and Lydia Hayden as being in a great Mass. 
measure unable to manage for themselves, and likewise impowered ^s-slr^iiouse 
them the petitioners to Sell such Estate as he had by said Will Journal, 
devised to the said two Children in case the Rent thereof together (April 4, 1757); 
with their own labour should prove insufficient to Maintain them. ^Pg^tnce 
That they are already in advance for the support of said Children, Laws, h., 151, 
and moreover apprehend that the Interest of the Money arising on ^ ^^' 
the Sale of the Estate would be much more than the Rent ; There- 
fore praying that this Court would give Orders for the Sale thereof, 
and impower the said Executors to expend the Interest upon either 
or both of said Children as their Necessities may require. 

Read and 

Ordered That the Prayer of this Petition be granted, and that 
the Petitioners be and they hereby are impowered to make Sale of 
the Lands mentioned to either of the other Children of the deceased 
(they giving as much therefor as any other person shall appear will- 
ing to give) & to make & execute a good & sufficient Deed or Deeds 
of Conveyance thereof in the Law, they Observing the Directions 
of the Law relating to y*^ sale of reall Estates by Exec" & Admin" 
They giving sufficient Caution to the Judge of Probate for y^ County 
of Suif oik that y^ money Arising on said Sale be applied for y*" Benefitt 
of the Legatees Mentioned in Virtue of & according to the power 
they are invested with by the Will of the Testator. \^Passed June 7. 



CHAPTER 42. 

ORDER ALLOWING 32/ TO ANTHONY AUSTIN. 

A Petition of Anthony Austin of Sheffield setting forth that ^|f^f^*'^|tue 
his Son and two daughters were impressed to attend the Sick Sol- council, xxii., 
diers in the Hospital at Sheffield by which means his said Son con- ATCMvesl' 
tracted the Camp distemper of which he remained Sick six weeks, ixxvi., 569. 
And praying an Allowance of the Expences incurred thereby. Mass. 

Read and ixxvi.,568. 

Ordered That there be allowed and paid out of the public Treas- ^^^,y^^.'^4°o?4i, 
ury to the Pef" the sum of thirty two shillings in full for the eight 46. ' 
weeks nursing mentioned, the Doctors Bill annexed being referred 
to the hon^ Board. [^Passed June 7. 



24 



Province Laws [Besolves, etc. ) . — 1757-58. [Chaps. 43, 44.] 



CHAPTEE 43. 



ORDER DIRECTING THE ATTORNEY GENERAL TO PROSECUTE CAPT. 

JOHN SMITH. 



Legislative 
Records of the 
Council, xxii., 
33. Mass. 
Archives, 
Ixxvii., 2. 

Mass. 
Arcliives, 
Ixxvii., 1. 
House Jour- 
ual, i)p.34,36. 



uai, pp. 3' 
43, 47 bis, 



48. 



A Petition of Capt. John Smith setting forth that in the year, 
1755, he was employed on the Eastern Frontiers as Captain of a 
Scouting Company, that in said Company there were a few persons 
inlisted who were not always employed upon the duty of said Com- 
pany but as many of their Habitations lay exposed to the Enemy, 
which obliged them to be upon Guard there; He made them up in 
his Roll so as to intitle them to receive their Pay ; but that upon 
reflection he is convinced his Conduct cannot be justified, and is 
willing and desirous of refunding into the Treasury all the Monies 
by him received for such persons ; And praying that his wrong doings 
in this matter may be forgiven, and he permitted to return the Monies 
received as aforesaid. 

[Read and] 

Ordered^ That the Kings Attorney General be directed to prose- 
cute Cap'^ John Smith late Commanding Officer of a Scouting Com- 
pany on y* Eastern Frontiers for certain frauds on the Governm'' 
committed by him in making up the Muster Roll of his Said Com- 
pany in 1755. \_Passed June 8. 



CHAPTER 44. 



Lesrislative 
Records of the 
Council, xxii., 
33. Mass. 
Archives, 
Ixxvi., 750. 

Mass. 
Archives, 
Ixxvi., 748. 
House Jour- 
nal, pp. 38, 48. 
Province 
I.iaws, XV., 695, 
chap. 416. 



VOTE ALLOWING £8. 9 TO JOHN SMITH, JUN^ 

A Petition of John Smith Jun'' of Biddeford setting forth that 
he was an Ensign under Capt. John Lane in the last Crown point 
Expedition, that the Captain died and the petitioner acted as Lieu- 
tenant of the Company, that in October he was taken Sick at Lake 
George and from thence was carried to the Half Moon, where he 
continued Sick till the 25"* day of December during which time 
he lost his Gun, for which Four pounds has been stopt out of his 
Wages, And further, that he was made up in the Roll for no longer 
time than until the 21 of November, although he did not nor was 
he able to return until the 18"" day of February, And praying Relief. 
In the house of Rep^ 

Read, and Whereas it appears to this house, y'' the Arms and back 
wages therein mentioned were not considered by the Com^*^^ the last 



year. 



Therefore 



Voted, that y'^ said sum of eight Pounds nine shillings be allowed 
the Pef & that y^ same be paid by the Treasurer to M' Sam' Jordan 
for his Use. 

In Council Read & Concur'd. \^Passed June 8. 



[1st Sess.] Province Laws {Resolves, etc.). — 1757-58. 25 



CHAPTEE 45. 

ORDER APPOINTING A COMMITTEE TO INQUIRE IN REGARD TO FRAUDS 

ON THE GOVERNMENT. 

Ordered that M^ Pratt Col" Quincy, M' Tyng, Col" White, M' Legislative 

Boardman, M'' Morey and Capt. Sprague be a Committee to make councif.xxn^ 
__ _ . ..... 3^_ 



inquiry into all Frauds committed against the Government, and 
Mistakes to the prejudice thereof, and report thereon, And that ^X^^f^^*"' 
the said Committee be and hereby are impowered to send for per- 
sons and pajDcrs as they shall think proper. [^Passed June 8. 



CHAPTER 46. 

VOTE DIRECTING THE ATTORNEY GENERAL TO PROSECUTE PEARSON 

EATON FOR FRAUD. 

Whereas on a Hearing before the late House of Eepresentatives, Legislative 
on a Suggestion that one pearson Eaton of Lunenburg had received councff xxil'*' 
pay on Capt. Eeads & Capt. Stevens's Muster Eoll at the same time 36. 
for his Service in the Expedition against Crown point in the year. Legislative 
1755. it appeared to them that the Facts alledged were true; and councff, xlihf 
the following Order passed said House the 24"" of February last, ^- r^°i"®®366 

Viz* (February", 

Ordered that the Attorney General be directed to prosecute him ^'^'^' ^■*^' 
for his said Misdemeanor, which Order has not yet been acted upon. 
Therefore 

Voted the Kings Attorney General be and hereby is directed to 
prosecute the said pearson Eaton accordingly. \^Passed June 9. 



CHAPTER 47. 

ORDER IMPOWERING JOSEPH SHEPHERD & OTHERS, GUARDIANS, TO 
SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Joseph Shepherd with Keziah his Wife & Thomas Legislative 
Man of Wrentham setting forth that they are Guardians of Jona- councif xliL^ 
than Man, Keziah Man, Mary Man and Betty Man, Minors, & Chil- 37. Mass.' "' 
dren of Beriah Man late of Wrentham deceased, who by his last m '^'^^^' ''''^'' 
Will and Testament devised his Estate to and among his said Chil- m^^^] 
dren, which Estate consists partly of a Tanyard, Bark house. Mill ^g^gga^Vouse 
pitts & Utensils for tanning, which since the Death of the said Journal, pp. 44, 
Beriah are much gone to decay, that the only Son is a mute, and LawsTn^.Tsi! 
none of the Children like to improve the Estate by carrying on chap. 10. 
the tanning business. Therefore praying liberty to Sell the premisses 
abovementioned, and place the produce thereof; at Interest for the 
benefit of the Heirs, as also a part of the Dwelling house and fifteen 
Acres of Land; the produce thereof to be improved as aforesaid, 
Viz' the Westerly end of the Dwelling house with the priviledge 
of tlie Entry and Stairway to go up into the Chamber and Garrett 
of said Westerly end of said House and of the Stairway into the 



26 Province Laws {Resolves, etc.). — 1757-58. [Chap. 48.] 

Cellar under said Westerly end of the House, as also the Westerly 
side of the yard from the Middle of the Front door to the Road, 
and the same quantity of Land in the same form on the North side 
of said Westerly end of the House, also a priviledge of drawing 
water out of the Well, And the fifteen Acres abovementioned butted 
and bounded as follows. Viz* On the Land of Capt. Ebenezer Man 
East, on a Way South, and on a Way West and on M'' Thomas 
Brastows Land North ; the Tan yard. Bark house, Bark mill Tan 
pitts, Shops &c. being within said Fifteen Acres of Land. 

Read and 

Ordered, That the Prayer of the Petition be so far granted as 
that the Petitioners in their said Capacity be and hereby are author- 
ized and Impowered to make Sale of that Part of the Dwelling 
House and Appurtenances thereto belonging as therein mentioned, 
and also the fifteen Acres of Land and Appurtenances mentioned 
for the most the same will fetch, and to make and execute a good 
and sufficient Deed or Deeds of the same to the Purchaser, his Heirs 
and Assigns, they observing the Directions of the Province Law with 
regard to the Sale of Real Estates by Executors and Administrators, 
& also giving sufficient Caution to the Judge of Probates for the 
County of Suffolk that the Produce arising by the said Sale shall 
be disposed of as follows. Viz* that the two Thirds thereof with the 
Interest arising on the same the said Guardians to account for with 
the said Minors, as they respectively come of Age in the same Man- 
ner and Proportion as the said Estate is given by the last Will and 
Testament of the said Deceased, and the AVidow of the said Beriah 
Man Deceased to have the Interest of the other Third during her 
natural Life and after her Decease the said Third to be divided 
amongst the said Heirs or their legal Representatives in the same 
Proportion as the said Estate is devised by the aforesaid Will. 
\^Passed June 10. 



CHAPTEE 48. 



ORDER IMPOWERING TABITHA NEWHALL, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

Legislative ^ PETITION of Tabitha Ncwhall Administratrix on the Estate 

councif.xxii.? of Nathan Newhall late of Maiden deceased praying leave to Sell 
Archw^e^s^xix., the deceascds Real Estate for the payment of his just Debts. 
5'4- Read & 

Mass. Ordered that the prayer of this Petition be granted, & that the 

.TO?^Hou8e''''" Petitioner be & hereby is impowred (in her said Capacity) to make 
^''''provincf ' Sale of the whole of said Real Estate for the most it will fetch and 
Laws, 11., 151, to execute a good Deed or Deeds thereof in the Law. Provided she 
chap. 10. observe the directions of the Law for the Sale of Real Estates by 

Excors & AdSTofs and give sufficient Caution to the Judge of Pro- 
bate for the County of Middlesex, that the proceeds ariseing by 
said Sale be applyed to the payment of the just Debt's of the 
deceased (reserving only one third part of the Annual Income to 
the Widow in Lieu of Dower or Thirds in the Premisses during 
her natural Life) and that the remainder (if any there be) be im- 
proved for the benefit of the said deceH's Heirs, as the Law directs. 
\^Passed June 10. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1757-58. 27 



CHAPTEE 49. 

ORDER IMPOWERING MARY BRAGG, ADM^, TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Mary Bragg Widow and Administratrix of Henry Legislative 
Bragg late of Wrentham deceased setting forth that her said hus- councff xSil"^ 
band died possessed of a Real and personal Estate Amounting to 39. Mass.' 
£118.2.71/1. and no more, And there is due from said Estate £68.19.7 m!^^^^^' '''''•' 
besides the Charges of his Funeral and the Settling his Estate, and m^^^^ 
the Support of three Children under seven years of Age, That the ^Jg^sTO^'^fio'^'s'' 
whole personal Estate amounted to but £35.3.71/1 so that so much Journal, pp.48, 
of the small Eeal Estate must be sold as will intirely spoil the re- provide 
mainder for a Settlement, Therefore praying that she may be impow- ^ifa^^'ijj"' ^^^' 
ered to Sell the whole, reserving one third of the Income for herself 
and securing the remainder to the Heirs. 

Read & 

Ordered that the prayer of the Petition be granted, and that the 
Petitioner be and hereby is i mpowr ed (in her said Capacity) to make 
Sale of the whole of the said deced's Real Estate for the most it will 
fetch, k to execute a good Deed or Deeds thereof, provided the Peti- 
tioner observe the directions of the Law for the Sale of Real Estates 
by Executors and Administrators and give sufficient Caution to the 
Judge of Probate for the County of Suffolk that the proceeds arise- 
ing by said Sale be applied to the payment of the just Debts of the 
deceased (saving one third part of the annual Income to Widow 
in Lieu of her right of Dower or Thirds in the Premisses during 
her Natural Life) and the remainder thereof for the benefit of the 
deceased's Children as the Law directs. \^Passed June 10. 



CHAPTER 50. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY NOAH PRATT 
THE WAGES DUE BENJAMIN PRATT. 

A Petition of Noah Pratt of plimpton, setting forth that his Legislative 
Father Benjamin Pratt, was in the province Service the last year councif xxn^ 
in the Expedition against Crown point in Capt. Nathaniel Cook's 39- Mass. 
Company, that he returned Sick in a Transport Vessel with Capt. itxv^Ciis. 
Josiah Carver, and soon after died, that by reason of his Sickness >u^^^ 
he was unable to take care himself of his Gun, but the Arms of j^^xvif^'ik 
the Soldiers who came in said Transport were all lodged at Boston ; House Jour- 
notwithstanding which there has been a deduction of Four pounds prov'ince 
from his said Fathers Wages; And praying Relief. Va^^ie'"' ^^^' 

Read and ^ ^^' 

Ordered^ That y'' Treasurer pay to M"" Isaac Bonney for the use 
of y« Pef the full of y^ Wages of the said Benjamin as made up 
in the Muster Roll of y*= Comp^ he belonged to on y'^ last Crown 
point Expedition without any deduction on acco* of his Arms not 
being returned. [Passed June 10. 



28 



Province Laws (Besolves, etc.) . — 1757-58. [Chaps. 51-53.] 



CHAPTEE 51. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY 34/ 5 TO MAY- 
HEW TUPPER. 



Legislative 
Records of the 
Council, xxii., 
40. 

House Jour- 
nal, pp. 40, 54, 
55. 



A Petition of Mayhew Tupper of Stoughton, setting forth that 
he proceeded in the intended Expedition against Crown point and 
was in the Service from the 31. August, to the return of the Army 
as may appear by Capt. Stephen Miller's Certificate under whom he 
Served, but that he was by Mistake omitted in the Muster Roll ; And 
praying for Relief; 

Read and 

Ordered That the Treasurer pay the petitioner thirty four shil- 
lings and five pence in full of the Wages due to him whilst in the 
Service on the last Crown point Expedition, his not being borne on 
any Muster Roll therefor notwithstanding. [^Passed June 10. 



Legislative 
Records of the 
Council, xxii., 
41. 

House Jour- 
nal, p. 57. 
Province 
Laws, XV., 707, 
chap. 448. 



CHAPTER 52. 

ORDER continuing THE ESTABLISHMENT FOR THE EASTERN AND 

WESTERN FRONTIERS. 

Ordered that the Establishment made the 7*^' of April last for 
the defence and protection of the Frontiers East & West, and for 
pay & Subsistence of the Officers and Soldiers destined for that 
Service be & hereby is continued till the last day of September 
next, and no longer. \Passed June 10. 



CHAPTER 53. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £7. 17. 6 TO 

JON* FISHER. 



Legislative 
Records of the 
Council, xxii., 
41. Mass. 
Archives, 
Ixxvi., 502. 

Mass. 
Archives, 
ixxvi., 501. 
House Jour- 
nal, pp. 38, 64. 



A Petition of Jonathan Fisher of Norton setting forth that 
about the 1 July. 1750. he entered himself in his Majesty's Service 
for the Crown point Expedition and Marched to Albany under the 
Command of Capt. AVight, and did duty there and at Half Moon 
and Still Water until he was taken Sick, that Col° Whetcomb then 
ordered him to Albany where Docf John Calef Surgeon of the Hos- 
pital gave him a Certificate that he was unfit for Service, and told 
him to go home. And the petitioner apprehending that he was reg- 
ularly dismissed returned home, but cannot find that he is made up 
in any Muster Roll ; And praying Relief. 

Read and 

Ordered, That the Treasurer pay the Petitioner the sum of seven 
pounds seventeen shillings and six pence in full of his Wages, it 
appearing that he was four months & nine days in the service on 
the last CroAvn point Expedition, his not being born in any Muster 
Roll Notwithstanding. \Pas8ed June 10. 



[1st Sess.] Province Laws {Resolves ^ etc.). — 1757-58. 29 

CHAPTER 54. 

ORDER ALLOWING 48/ TO BENJAMIN LYMAN, JUN^. 

A Petition of Benjamin Lyman jun'' of Northampton, setting Legislative 
forth that he went as a Soldier the last year on the Crown point councfr, xiihf 
Expedition and carried his own Gun which was new and cost him ^- Mass. 
Forty eight shillings that coming off from Guard one night, he LxxvV.y757. 
set his said Gun in a place assigned for that purpose, but that the Mass. " 

Same was Stolen thence, and notwithstanding the most diligent f^^^]^^-^^^ 
Search both by himself and his Officers, the Gun could never be House Jour, 
recovered^ & praying an Allowance. 

Eead and 

Ordered, That the Prayer of the Petit"" be granted, and that there 
be allowed and paid out of y® public Treasury to the Petitioner the 
sum of forty eight Shillings in full Consideration for the loss of his 
Gun mentioned. \^Passed June 11. 



nal, p. 17. 



CHAPTER 5^. 

VOTES IN REGARD TO THE CHARGE FOR TRANSPORTING BAGGAGE, &c. 

Whereas by Letters from the R*^ Hon'^'^ William Pitt Esq"" dated R|ford"of the 
the fourth of February last, & from major General Webb dated council, xxu., 
the this court apprehend that the charge of Transporting the ArcMve^s^,' 

Baggage belonging to the Forces raised by this province under the ixxvu., 122. 
Command of his Excellency the Earl of Loudoun was to have been Mass. 
born by the Crown, & not by this Government; and that the article ixxv\l,*^i24. 
of Bread must necessarily be comprized under the head of Pro- ^Xpp'^56^57 
visions mentioned in said Letters to be at the Expence of the Province' 

r\ i.\ i Laws, XV., 770, 

Crown. therefore chap.eoe. 

Voted that attested Copies of the said Letters be speedily trans- 
mitted to Col" Fry, and that he be directed to lay the same before 
General Webb, & pray a punctual complyance : And 

That the Committee of War be directed to remit to CoP Fry, or 
to Eobert Sanders Esq"^ at Albany, such Sums of money as shall be 
sufficient to Discharge any obligation from the said Col Frye to the 
said M' Sanders on account of Transporting the Baggage &'= of the 
provincial Forces under the Command of said Col Frye to this time, 
and that the said Col° Frye be directed to make Application to the 
Kings General for a reimbursement of the same, or in his absence 
to the chief Commander of the Kings Troops, and lay the before 
mentioned Letters before him that so it may appear how just the 
Expectation of the Government is that said Charge will be defrayed 
by the Crown, and that Col° Frye also be informed that this Court 
Expect that Charges of that nature for the future be paid by the 
Crown, and that he make no further Engagements in behalf of the 
province for the payment of such Charges. Also 

Voted that M"^ Commissary Hall be furnished by the Committee 
of War with Molasses from time to time in such Quantitys as may 
be needfull to supply the Provincial Soldiers, Keeping a Just & 
true Account of the Quantity delivered to each Soldier, and that 
Stoppages be made out of their Wages to Discharge the same. 



30 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 56-58.] 



Voted further that an Armourer for the Forces under Col" Frye's 
Command be speedily Provided by the Committee of AVar & paid 
b_y the Province. \^Passed June 11. 



CHAPTEE ^Q. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY 43/ TO RUTH 

HOLDEN. 



Legislative 
Records of the 
Council, xxii., 
43. Mass. 
Archives, 
Ixxvii., 100. 

Mass. 
Archives, 
Ixxvii., 99. 
House Jour- 
nal, p. 57. 
Province 
Laws, XV., 456, 
chap. 320. 



A Petition of Euth Holden of Harvard, setting forth that her 
late Husband Justinian Holden was a Soldier in both the intended 
Expeditions against Crown point in 1755. and 1756. and was thereby 
intitled to half pay during the intermediate space, but that he was 
not made up in any Muster Eoll for the same; Therefore praying 
Relief. 

[Read and] 

Ordered^ That the Treasurer pay to William Lawrence Esq'' for 
the Use of the Petitioner the sum of forty three shillings in full 
of the half pay her late husband Justinian Holden dec*^ was intitled 
to on his enlisting into the service on the last Crown point Exped" 
omitted in the Muster Roll of y*" Company he belonged to. \^Passed 
June 11. 



CHAPTEK 57. 



Legislative 
Records of the 
Council, xxii., 
44. Mass. 
Archives, 
Ixxvii., 60. 

House Jour- 
nal, pp. 55, 56. 
Province 
Laws, .XV., 695, 
chap. 416. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO JAMES 

WOODWARD. 

A Petition of James Woodward of Reading, setting forth that 
he was a Soldier in the Crown point Expedition in 1756. and being 
Sick on his return home was not able to get back till the 31 Janry 
& during his Indisposition lost his Gun, which notwithstanding his 
most diligent Search he was not able to recover : Therefore praying 
Relief 

Read and 

Ordered, That the Treasurer pay to Eben' Nichols Esq' for the 
nse of the Pef the sum of four pounds deducted from the Wages 
due to him on the Muster Roll of y'' Comp'' he belonged to, on 
y« last Cr" point Exped" on Acc° of his Arms not being returned. 
[Passed June 11. 



CHAPTER 58. 



Legislative 
Records of the 
Council, xxii., 
44. Mass. 
Archives, 
Ixxvi., 734. 

Mass. 
Archives, 
Ixxvi., 733. 
House Jour- 
nal, p. 55. 
Province 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO JON* 

FOSTER. 

A Petition of Jonathan Foster, setting forth that he was a Sol- 
dier in the Crown point Expedition in 1756. in Capt. Taplins Com- 
pany and being employed to take care of the Sick, he left his Gun 
at the Half Moon, having delivered the same to M"' Cocks an Officer 
appointed to receive the Soldiers Arms; notwithstanding which there 
has been Four pounds deducted from his Wages on Account of his 
Gun; And praying Relief; 

Read and 



[1st Sess.] Province Laws (i?eso?ves, e<c.). — 1757-58. 31 

Ordered that the Treasurer pay the Pet' the sum of four pounds Laws, xy., 695, 
being what was deducted from his Wages on the last Crown point <='^'^i*- *i^- 
Expedition, on Ace" of his Arms not being returned. [^Passed 
June 11. 



CHAPTER 59. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY 48/4 TO WIL- 
LIAM KING. 

A Petition of William King of Sheffield, setting forth that he Legislative 
was a Soldier in both the Crown point Expeditions in 1755. and councif.xliL^ 
1756. whereby he was intitled to half pay during the intermediate t*- m»ss- 

• A.rchivG8 

space, but that he was not made up in the Muster Roll for the same; Lxxvii.,ii9. 
And praying Relief. House Jour- 

Read and Prfef ' 

Ordered That the Treasurer pay to Cap* Ithamar Hubbell for Laws, xv., 456, 
the Use of the Pef the sum of forty eight Shillings & four pence *^'^^'" 
in full of y^ half pay he was entitled to on his reinlisting into y" 
service on y® last Crown point Expedition, the same being omitted 
in Col" Dwights Muster Roll notwithstanding. \^Passed June 11. 



CHAPTER 60. 

ORDER IMPOWERING JOS. WHETCOMB, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Joseph Whetcomb Guardian, and of Susanna Legislative 
Whetcomb Mother of Anna Whetcomb, daughter of John Whet- coSxxii!? 
comb of Lancaster deceased, setting forth, that the Said Anna is *5- Mass. 
Sole Heir to her deceased Father, who died seized of Fifty Six 582. • ■ - •> 
Acres of Land in Lancaster with some unfinished Buildings thereon, House Jour- 
and that there is no Estate (except the Land be sold) wherewith to 59'^'' provl'nce 
finish the same and that without there are Some Disbursements on Laws, 11., 151, 
the Buildings they will go to decay; and that the whole rents for ^ '^^" 
no more at present than Forty shillings ^ Annum; Therefore pray- 
ing liberty to sell the same for the benefit of the said Anna. 

Read and 

Ordered that the Prayer of the Petition be granted; and that the 
Petitioner be and hereby is impowered in his said Capacity as Guar- 
dian to make Sale of the said Deceased's Real Estate for the most 
it will fetch ; and to make and execute a good Deed or Deeds thereof, 
he observing the Law of this Province respecting the Sale of Real 
Estates by Executors and Administrators; Provided sufficient Cau- 
tion be given to the Judge [of] ' Probate for the County of Worcester 
that the Proceeds of said sale shall be secured and applied to the 
Benefit and Advantage of the lawful Heir or Heirs, reserving to 
the Widow of the Deceased only the annual Income of one third 
Part thereof in Lieu of her Right of Dower in the Premises, during 
her natural Life; and at her Decease to be disposed of as the Law 
directs. \Passed June 11^ 

^ Inserted from Legislative Records of the Council, xxii., 45. 

^ The date of final concurrence in the Council is given in Mass. Archives as June 10, 
evidently a mistake, as the same order states that its reading in the House occurred on 
June 11. 



32 



Province Laws {Resolves, etc.). — -1757-58. [Chaps. 61-63.] 



CHAPTER 61. 



Legislative ORDER DIRECTING THE SECRETARY TO RETURN LISTS OF VALUATION 

Councn xin.^ OF ESTATES TO THE SEVERAL TOWNS. 

46. 



House Jour- Ordered that the Secretary be directed to return to the several 

Province Towns the Lists of Valuation of Estates they sent in to his Office 

Laws, iii., 1051, the last year, in consequence of a late Act of the Government. 

chap. 40; 1086, ^ d t t -i -i 

note. yrassed June 11. 



CHAPTER 62 



ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxii., 
46. 

Mass. 
Archives, 
lxxvi.,69-2; 
Ixxvii., .31, 32, 
84, 85, 546. 
House Jour- 
nal, p. 57. 



Ordered Ihiii there be allowed and paid out of the publick Treasury 
to William Lawrence Esq"' for the Use of Oliver parker Six pounds 
seventeen shillings & eight pence; To Capt. Henry King for the Use 
of Ebenezer Cutler Three pounds twelve shillings; To M"" Ebenezer 
Stetson for the Use of Elizabeth Briggs Five pounds six shillings & 
four pence ; To Artemas Ward Esq'' for the Use of Charles Rice, Four 
pounds thirteen shillings and four pence; To M'' Eliphalet Whiting 
for the Use of Jeremiah Blake Fifty seven shillings and eight pence; 
And to Caleb Cushing Esq'' for the Use of Elizabeth Wingate Fifty 
six shillings and six pence in full of the Accounts of Expences &c. 
on the last Crown point Expedition in their petitions respectively 
exhibited. [^Passed June 11. 



CHAPTER 63. 



ORDER ACCEPTING REPORT ON MEMORIAL OF THOMAS HUTCHINSON 
IN REGARD TO SETTLEMENT OF A MORTGAGE. 



Legislative 
Records of the 
Council, xxii., 
45. Mass. 
Archives, ciii., 
694. 

House Jour- 
nal, p. 372 
(April, 1757) ; 
pp. 15, 65. 
Ante, p. 7, 
chap. 2. 



Benjamin Lynde Esq" from the Committee appointed the 28"' 
May last, on the Memorial of Thomas Hutchinson Esq' made report, 
That they found the facts as set forth in said Memorial and were 
therefore of Opinion that the Memorialist be impowered to release 
to said Isaac Little his Heirs & Assigns, All the Eight which the 
province has to said Eogers mortgaged Lands, and that the prov- 
ince Treasurer be directed to pay to the said Isaac Little Esq'' the 
said Sixte en p ounds nine shillings and two pence Ballance aforesaid. 

The Comitte Appointed on the Memorial of the Hon Tho^ Hutch- 
inson Esq' have considered the same, & find that in the year 1742. 
the Lands mortgaged by Lemuel Little to the Comiss'^ of y® 100,000 
loan for the County of Essex being forfeited to the Province were 
sold for £501 old ten' bills and the same was paid into the Province 
Treasury 

That afterwards Isaac Little Esq' as attorney to Joseph Jenkins, 
and Abigail his Wife, who was the heir of Lemuel Little, Applied 
to the General Court; That Inasmuch as the Principal money with 
Interest on s*^ mortgage, to y^ time when the redemption of said 
mortgage Expired did not amount to the sum s*^ land was sold for 
by 225' old ten' bills; The Court would order that s*^ Isaac Little 



[1st Sess.] Province Laws {Besolves, etc.). — 1757-58. 33 

should receive as Attorney as afores*^ the s'' Two hundred Twenty 
five pound out of the Prov: Treasury w'^'' was accordingly granted 

They further find that s'' Isaac Little purchased the Right of 
Eedemption of the Lands, which John Eogers mortgaged to the 
Comiss" afores*^ The Principle & Interest due thereon, in the year 
1742. amounted to 101.3.0 which he desires may be deducted, out 
of the s** £225.0/ due to him from the Province and that s*^ Rogers 
mortgaged Lauds may be assigned to him so that tlie ballance then 
due to s^ Isaac Little will then be Sixteen pounds 9/2*^ L money 

Wherefore the Com" are of opinion that the memorialist be Im- 
powered to Release to s'^ Isaac Little his heirs & assigns all the right 
w**" the Province has to the s** Rogers mortgaged Lands and that 
the Prov: Treasurer be directed to pay to the s*^ Isaac Little Esq"" 
the s^ Sixteen pounds 9/2'' BalP*^ afores"^ 

w'='' is submitted in the name & p ord'' of the Com** 

p Benj"" Lynde 

Read & Accepted & 

Ordered That the s*^ Tho' Hutchinson Esq' Give the release afore- 
mentioned, & that the Prov : Treasurer pay the s'' Isaac Little the 
sum of sixteen pound 9/2** agreable to the above report. [Passed 
June 13.^ 



CHAPTER 64. 

ORDER IN REGARD TO ASSESSING THE INHABITANTS OF THE GORE. Legislative 

Records of the 
Council, xxii., 

Ordered that the Assessors of the Town of Leicester and District 46^ 

of Spencer be and hereby are impowered to Assess the Inhabitants House Jour- 
of a place called the Gore in their next Assessment for the present province' 
years Tax in the same manner as has heretofore been done, their ^^^^' ^„'^g*' 
being lately annexed to the District of Charlton notwithstanding, p. i5, chap.bi. 
[Passed June 13, 



CHAPTER 65. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £8. 12 TO 

SAMUEL PRICE, ETC. 

A Petition of Samuel Price of Boston, setting forth that in Legislative 
March, 1756. he inlisted in Capt. Cooke's Company for the Crown counctf xxn^ 
point Expedition, that he faithfully performed his duty, and when 47. Mass. 
the Expedition was over, delivered his Gun to the Lieutenant of the ^xvi'Csi 
Company M'' Thomas Torrey, on which Account Four pounds were ^^^^^ " 

stopt from his Wages on the Muster Roll ; And further that some j^^^^.'J^^' 
person unknown personating the petitioner had been to the prov- Executive' 
ince Treasurer and demanded and received the remainder of his coundi^ x-ni!',^ 
Wages Amounting to Eleven pounds six shillings & eight pence ; 2"o. House ' 
And praying Relief. 4o, 65. Prov- 

Read and ^^sTc^hl^fiie!" 

Ordered that the prayer of this Petition be so far granted as that 

the Treasurer be and hereby is directed to pay the petitioner the 

Sum of Eight pounds twelve shillings being the ballance due to 

him after discharging the Sums he had received of the Commissary, 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is June 11. 



34 



Province Laws {Resolves, etc.) . — 1757-58. [Chaps. 66-68.] 



and that he be directed to Stop out of the Wages of Leiv* Thomas 
Torry the Sum of four pounds on Account of the said Samuels Gun, 
which the said Thomas promised to be Accountable for, And that 
he be further directed to take all proper measures to discover and 
detect the person guilty of the fraud mentioned. \^Passed June 14. 



Legislative 
Kecorrts of the 
Council, xxii., 
47^ 

Legislative 
Records of the 
Council, xxii., 
25, 36. House 
Journal, pp. 64, 
67. 



CHAPTEK QQ. 

ORDER ALLOWING £5 TO ANDREW REES. 

Ordered that there be allowed and paid out of the publick Treas- 
ury, to Andrew Rees the sum of Five pounds to defrey his Expences 
in Attending this Court. \^Passed June 14. 



CHAPTEK 67. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY 41/ 11 TO BOAZ 

BROWN. 



Legislative 
Records of the 
Council, xxii., 
48. Mass. 
Archives, 
lxxvii.,111. 

House Jour- 
nal, pp.45, 67. 
Province 
Laws, XV., 456, 
chap. 320. 



A Petition of Boaz Brown of Concord setting forth that he 
served as a Soldier in both the Crown point Expeditions in 1755 
and 1756. and was by the Vote of this Court thereby intitled to 
half pay during the intermediate space, but that he was omitted 
in the Muster Poll for the same, And praying Relief. 

Read and 

Ordered, That the Treasurer pay to Cap* James Barret, for the 
Use of the Petitioner forty one Shillings and eleven pence in full 
of the half pay he was intitled to on his reinlisting into the service 
on the last Crown point Expedition, his not being Made up in Cap* 
Robinson's Muster Roll therefor, notwithstanding. [Passed June 14. 



CHAPTER 68 



Legislative 
Records of the 
Council, xxii., 
49. 

Mass. 
Archives, 
Ixxvii., 86, 87. 
House Jour- 
nal, p. 69. 
Province 
Laws, XV., 456, 
chap. 320. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY 60/ TO NATHAN 
PAGE, AND TO NATHANIEL SMITH MOSES AMES AND MOSES LYFORD 
12/ EACH. 

Ordered that the Treasurer be and hereby is directed to pay to 
M"" David Marsh for the Use of Nathan Page forty eight shillings in 
full of the half pay he was entitled to on his reinlisting into the 
Service on the last Crown point Expedition; and twelve shillings 
more for the Use of his Gun; and for the Use of M"" Nath' Smith, 
Moses Ames and Moses Lyford twelve shillings each for the Use of 
their Guns which they carried with them respectively into the said 
Service. [Passed June 14. 



[1st Sess.] Province Laws {Resolves, etc.). — 1757-58. 35 



CHAPTER 69. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY 31/ TO HULDAH 

HALLOWAY. 



A Petition of Huldah Halloway setting forth that her Son Legislative 
Calvin Halloway about Seventeen years of Age Avas a Soldier in councu^xxl 
Capt. Flynts Company in the late Crown point Expedition, that ^^- ^ij'ss. 
he was taken Sick at Lake George and on his return Sold his Gun, IxxvL^tI's. 
by reason whereof Four pounds hath been Stopped out of his Wages, Mass. 
And (being a poor Widow with eight Children) praying she may be j^^^'^-^ 
allowed to receive such part of the Sum so stopped as may be thought House j'oiir 
reasonable. T^l^v^i'mf' '' 

Read and k'l'X^'.^J-'^^^- 

Ordered, That the Treasurer be and hereby is directed to pay to 
M"" Beuj^' Hills for the Use of y<^ Pet' thirty One shillings part of 
the four pounds detained out of y® Wages of the s*^ Calvin on y^ 
last Crown point Exped" on x\cc° of his Arms not being returned. 
{^Passed June 14. 



chap. 416. 



CHAPTER 70. 

ORDER ALLOWING £6 TO NATHAN THOMPSON. 

A Petition of Nathan Thompson setting forth that he was a Legislative 
Soldier in the Crown point Expedition 1755, and was in the Detach- councff xxii"^ 
ment under Col° Williams, who had an Engagement with the Enemy so. Mass. 
on the S**" day of September in which he received three Shot, and h^^v/Cws. 
had his left Arm broke thereby, which has been useless ever since; ^m^. 
And praying Relief. Archives, 

-r, ^ T -^ P lxxvii.,101,102. 

Read and House Jour- 

Ordered, That the Prayer of the Petition be so far granted, as "^^-p-^^- 
that there be allowed and paid out of the Public Treasury to the 
Pef the sum of Six Pounds in Consideration of his sufferings men- 
tioned, over and above what has been Already granted him. [^Passed 
June 15, 



CHAPTER 71. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO ANGUS 

FLETCHER. 

A Petition of Angus Fletcher setting forth, that he was a Sol- ^®^^^|f*%® ^ 
dier under Capt. David White in the last intended Expedition against Council^ xxii.? 
Crown point, that his Gun was put into a Battoe, by order of Major Ai-chw^e^s^/ 
Saltonstall which hapning to be Overset between Sarratoga and the ixxvi., 760. 
Half Moon his said Gun was lost, and Four pounds hath been stop'd Mass. 
out of his Wages on Account thereof. And praying Relief. ^^x^vlItm. 

Read and naT^*'^2"'^' 

Ordered, That the Treasurer pay the Petitioner four pounds being Province" 
the sum stopped out of the Wages due to him on y« last Cr" p* Exped" cha^! 4^6." ^^^* 
on Acco* of his Arms not being returned. {Passed June 15. 



36 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 72-74.] 



Legislative 
Records of tlie 
Council, xxii., 
51. Mass. 
Archives, Ixv., 
375^ 

Mass. 

Arctiives, Ixv., 
374. House 
Journal, pp. 70, 
71. Province 
Laws, iii., 1065, 
note; xv., 709, 
chap. 449. 



CHAPTEE 72. 

VOTE ESTABLISHING WAGES ON BOARD PROVINCE SHIP "KING 

GEORGE." 

Voted, That on the Ship King George, lately built and equipt 
by this Province to Guard the Coast, being furnished with two 
more Nine Pounders, the same Establishment of Wages & sub- 
sistence be made for twenty five Sea-Men more, with that made 
for those already allowed for that service. \^Passed June 15. 



Legislative 
Records of the 
Council, xxii., 
52. 

House Jour- 
nal, pp. 70, 72. 
Province 
Laws, i., 65, 
chap. 28. 



CHAPTEE 73. 

ORDER CONFIRMING THE PROCEEDINGS AT TOWN & PRECINCT MEET- 
INGS IN BRIDGEWATER. 

A Petition of Capt. Daniel Howard as Eepresentative of the 
Town of Bridgwater, and at the desire of the Selectmen of said 
Town setting forth, that their Town and precinct Meetings have 
for divers years past been warned by the Constables posting up 
Notifications for that purpose, but that the said Constables have 
neglected to make return of their Warrants for so doing as the 
Law directs ; Wherefore to prevent Mischief arising from said defect 
they pray that the past proceedings of said Town and precinct Meet- 
ings may be confirmed any defects mentioned in said petition not- 
withstanding. 

Eead and 

Ordered that the prayer of the petition be granted, and that 
the past proceedings of said Town of Bridgwater, and the respec- 
tive precincts thereof relative to the Choice of Town and precinct 
Officers, as also all former Votes passed at the several Town and 
precinct Meetings be and hereby are established and confirmed any 
defect or defects respecting the Warning of said Meetings and Ee- 
turn of the Warrants therein mentioned notwithstanding. \^Passed 
June 15. 



CHAPTEE 74. 



Legislative 
Records of the 
Council, xxii., 
52. 

Mass. 
Archives, 
lxxvi.,494; 
Ixxvii., 49, 50, 
80. House 
Journal, p. 72. 



ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Ordered that there be allowed and paid out of the publick Treas- 
ury to Timothy Euggles Esq'' for the Use of Damaris Church three 
pounds five shillings, and for the Use of John Cooper fifty five shil- 
lings ; To Capt. Ithamar Hubbell for the Use of Maltier Cook three 
pounds, and for the Use of Stephen Stockwell twenty four shillings; 
To M'' Daniel Staniford for the Use of Gideon parker fifty three 
shillings and eight pence ; To William Lawrence Esq"" for the Use 
of William Whitcomb thirty eight shillings; And to M'' Gideon 
Lyman for the Use of Bildad Searl fifty shillings and eight pence 
in full Consideration of the Expences on the last Crown point Ex- 
pedition in their petitions respectively mentioned. [Passed June 15. 



[1st Sess.] Province Laws {Besolves, etc.). — 1757-58. 37 



CHAPTER 75. 

ORDER ALLOWING £3. 6. 9 & A FURTHER SUM OF 42/ 8 TO W" BUNDICK 

PIERSON. 

A Petition of William Bundick pearson setting forth that he Legislative 
was a Soldier in the Crown point Expedition in the year 1756, that counc*if,xxii!? 
he returned home Sick and was at Expence on Account of his Sick- sp. Mass. 

■ A.rcnivGS 

ness both on the Road and after he got home; that at Westfield his ixxvn., 121. 
Gun was Stolen from him in the Night, and that he purchased a Mass. 
good Gun which he returned into the province Store after his return i^^v'^i^*'f.^o 
home; And praying Eelief. House Jour- 

Read and . p- ' • 

Ordered, that there be allowed and paid out of y® public Treas- 
ury to Tho® Foster Esq"" for y*^ Use of y** Pef the sum of three 
pounds six Shillings and Nine pence in Consideration of his Ex- 
pences in his sickness and the further sum of forty two shillings 
& eight pence for y^ Loss of his Gun Mentioned. [Passed Jtme 15. 



CHAPTEE 76. 

ORDER appointing A COMMITTEE FOR BURNING GOVERNMENT 

SECURITIES. 

In the House of Representatives; Legislative 

Ordered that M'' Speaker, James Russell Esq"" and Col" Quincy councif, xxii.f 

with such as the honourable Board shall join, be a Committee to ^h 

repair to the Treasurers in the Recess of the Court, take an Account ^^^"^^^ J^^^^- 
of the Government Securities now in his hands, see the same Con- 
sumed to Ashes, give the Treasurer proper discharges for the Same, 
and report thereon at the next Sitting of the Court. 

In Council; Read and Concurred, and John Osborne, Jacob Wen- 
dell and William Brattle Esq" are joined in the Affair. [Passed 
June 15. 



CHAPTER 77. 

VOTE IN REGARD TO A CERTIFICATE TO EXEMPT SOLDIERS FROM THE 

POLL TAX. 

Whereas there was a Vote of the General Court passed Febry. Legislative 
18. 1756. That the Officers & Soldiers that should go into his Maj- councn". xiu^!" 
esty's Service in the proposed Expedition to Crown point, should ^'^- 
not be taxed for their polls that year ; and that the several Towns House Jour- 
that furnished such Officers and Soldiers in said year upon their proJlnoe 
producing a Certificate under Oath to the province Treasurer that c^a^^go " *^^' 
the persons therein named were Actually in the Service they shall 
receive an equivalent for said Taxes out of the publick Treasury; 
But no mention is made in said Vote, who shall give said Certificate. 

Voted, That said Certificate may be given either by the Major 
part of the Assessors of each Town or District which furnished 
said Officers or Soldiers, or the Captains of the Military Companies 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 78, 79.] 



in Said Towns or Districts, or from the Captains or Commanders 
in the said Expedition; provided it be from the individual Com- 
manders which such Soldiers belonged to ; or from General Wins- 
low; provided such Certificate shall be given under Oath. [^Passed 
June 16. 



Legislative 
Records of the 
Council, xxii., 
54. 

House Jour- 
nal, pp. 66, 73, 

74. 



CHAPTEK 78. 

ORDER ON THE PETITION OF JACOB HOLYOKE IN REGARD TO THE 

SETTLEMENT OF AN ESTATE. 

A Petition of Jacob Holyoke, setting forth that more than Fif- 
teen years since Dudson Kilcup of Boston Shopkeeper became Bank- 
rupt, whereupon the Majority of the Creditors chose the petitioner 
Trustee to receive and distribute the said Dudson's Effects; and that 
he accordingly received of the same to a considerable Amount, which 
he is ready to distribute; but that divers of the Creditors have never 
exhibited their Claims, whereby he is impeded in the Settlement of 
said Dudson's Affairs, And praying the Aid of this Court. 

[Read and] 

Ordered that the prayer of this petition be so far granted, that 
on the petitioner's paying & distributing equally between such of 
the Creditors of the said Dudson as were so at the time of said 
Money and Effects being deposited in the petitioners hands, their 
Executors and Administrators, and still remain unpaid, and shall 
have brought in their Claims on or before the first day of December 
1757, in such Average and proportion as that equal Justice may 
be done between such Creditors ; the petitioner shall be discharged 
from and acquitted of all demands of the said Dudson and his Cred- 
itors their Executors and Administrators against the petitioner his 
Executors and Administrators so far as concerns the Effects and 
Monies deposited in his hands as aforesaid, provided the petitioner 
publish in two of the Boston News papers for three succeeding 
Weeks the Substance of the petition and this Order. And provided 
also he shall make the distribution and payments aforesaid within 
the Space of thirty days next after said first day of December AD, 
1757. and demand made by the Creditors respectively. \^Passed 
June 16. 



Legislative 
Records of the 
Council, xxii., 
54. 

Executive 
Records of the 
Council, xiii., 
271. House 
Journal, p. 76. 



CHAPTEE 79. 

ORDER FOR A TRANSFER OF £200 FROM THE APPROPRIATION WHERE 
THERE IS NO ESTABLISHMENT TO THE APPROPRIATION FOR THE 
COMMITTEE OF WAR. 

Ordered that there be a Transfer of the sum of Two hundred 
pounds from the Appropriation where there is no Establishment, 
to the Appropriation for the Committee of War, in order to their 
furnishing the Forces under the Command of Col° Frye with Molasses 
and to defrey the Charges of Transportation, And that the Treas- 
urer govern himself accordingly. {^Passed * June 16. 



[1st Sess.] Province Laws {Hesolves^ etc.). — 1757-58. 39 



CHAPTEK 80. 

VOTE AUGMENTING THE GARRISON AT CASTLE WILLIAM. Legislative 

Records of the 
Council, xxii., 

Voted, That there be an Augmentation of fifty private Soldiers 55. Mass. 
allowed for his Majesty's Castle William And of two Gunner's Mates ixxvu., 135. 
To be on the like Establishment with those who are at present there, House Jour. 
x\lso of One second Lieutenant who shall receive four pounds Wages proVmce 
p month, This-Establishment to be for a term not exceeding three Laws, xv., 541, 
months from this time. [Passed June 16. *^ ap. j. 



CHAPTEK 81. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO BENJ^ 

WOODMAN. 

A Petition of Benjamin Woodman, setting forth that he was a Legislative 
Soldier in the late Crown point Expedition, and was very Sick and council! xxiuf 
Weak on his return home, and being obliged to lodge in a Barn at ^- Mass. 
Green Bush with a number of other Men, He missed his Arms in ixxvii.,125. 



125. 



the morning, and could never hear of them since, Therefore pray- Mass. 
ing he may be allowed to receive out of the Treasury the Four 4xv\7^i2 
pounds which has been stopped out of his Wages on Account of House Jour. 
his Gun's not being returned. Pro'vmc«' 

Eead and ^h^aT'^ie!"'''' 

Ordered, That the Treasurer pay to Daniel Epes jun"" Esq' for the 
use of the Pef four pounds, the sum Stopped out of the Wages due 
to him on the last Crown-point Expedition, on acco* of his Arms 
not being returned. [Passed June 16. 



CHAPTER 82. 

ORDER ALLOWING £9. 16. 6 TO MOSES DESHON. 

A Petition of Moses Deshon, setting forth. That he served as Legislative 
a Major in the late Crown point Expedition from the 18'^'' February councff xLu*!^ 
to 25 September, during the whole of which time he was upon duty, 55. Mass. 
save only when prevented by the Act of God, or absent by permit ixxviu, i-is. 
in writing from General Lyman ; for all which Service he has been Mass. 
allowed no more than Forty pounds, and praying a further Allow- ^^^^^^26 
ance both for his Service and Travelling Charges homeward. House'jour- 

Eeadand ProV^iScr' ''' 

Ordered, That there be allowed and paid out of the Public Treas- ^^^^'^^^•' '''^' 
ury to the Petitioner the sum of Nine Pounds sixteen Shillings and 
six pence in Addition to what was allowed him the 16'^ of April last. 
And in full of All Accounts. [Passed June 16. 



40 



Province Laws [Besolves, etc.). — 1757-58. [Chaps. 83-85.] 



CHAPTER 83 



Legislative 
Records of the 
Council, xxii., 
56. Mass. 
Archives, 
Ixxvii., 130. 

Mass. 
Archives, 
Ixxvii., 1-29. 
House Jour- 
nal, pp. 75, 76. 



ORDER DIRECTING THE COMMISSARY TO PAY 5 4 PER WEEK IN PRO- 
VISIONS, &c, FOR ONE YEAR TO KATHARINE LOSH. 

A Petition of Katharine Losh setting forth that her Husband 
Casimire Losh was in May hist killed by the Indians at Broad Bay, 
whereby She and her Children are left in distressing Circumstances, 
And praying the Compassionate Consideration of the Court. 

Eead and 

Ordered, That the Commissary M' Leissner be and hereby is 
directed to deliver to the Petitioner five Shillings & four pence ^ 
week in Provisions and other Necessaries at the rate he delivers 
the same Articles to y*' Soldiers in pay of this Government, for the 
Term of One year from this time and Xo longer. [Passed June 16. 



CHAPTER 84. 



Legislative 
Records of the 
Council, xxii., 
56. 

Mass. 
Archives, 
Ixxvi., 577; 
Ixxvii., 40, 43, 
44, 56, 61, 69, 70, 
88. Executive 
Records of the 
Council, xiii., 
267. House 
Journal, p. 76. 



ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Ordered That there be allowed and paid out of the publick Treas- 
ury to Capt. James Barrett for the Use of peter prescott Eight 
pounds twelve shillings and eight pence, and for the Use of Tim- 
othy Barrett forty two shillings and eight pence; To Capt. Nathaniel 
Smith for the use of Jedidiah Lyon Four pounds and for the use 
of Samuel pratt forty shillings ; To Capt. Peter Coolidge for the 
Use of Daniel Taylor Ten pounds ten shillings; To Capt. Henry 
King for the Use of Jonathan Jacobs Four pounds; To Capt. 
Ephraim Spaulding for the Use of Ebenezer Gould Four pounds 
ten shillings : To M' Samuel King for the Use of Joseph Blodget 
Three pounds Six shillings; and to Josiah Johnson Esq' for the 
Use of pearson Richardson forty seven shillings and four pence in 
full Consideration of the Expences on the late Crown point Expe- 
dition in their respective petitions mentioned. [Passed* June 16. 



CHAPTER 85. 



Learislative 
Records of the 
Council, xxii., 
56. Mass. 
Archives, 1., 51. 

Mass. 

Archives, 1., 
48-5-2. Legisla- 
tive Records of 
the Council, 
xxii., 50. 
House Jour- 
nal, p. 78. 



ORDER ACCEPTING REPORT OF COM^ee qN RECEPTION OF GOV« POW- 
NALL AND APPOINTING A NEW COMMITTEE THEREON. 

The Committee appointed to consider of the suitable Reception 
of Governor Pownall reported That upon Advice of the Governors 
Arrival at New York, and of the time he may probably be within 
the Limits of this Government the Secretary repair thither and wait 
upon him to Boston, And that his Majesty's Council be desired to 
give Orders to the Colonel of the Troop of Guards with such Detach- 
ment therefrom as they shall judge best to repair thither and escort 
him to Boston; That they be likewise desired to give orders to the 
Colonel of the Boston Regiment, that they appear in Arms on the 
said Occasion, That there be a Committee of both Houses appointed 
to receive and Congratulate the Governor at the Council Chamber. 



[1st Sess.] Province Laws {Besolves, etc.). — 1757-58. 41 

But in Case He should come by Water tliat the Secretary of the 
province And the Sheriff of the County of Suffolk wait on him 
either at his Majesty's Castle William or on board the Ship in which 
he may Arrive and conduct him to the Council Chamber. 

That a Dinner be provided for the Governor; That his Majesty's 
Council, a Committee of the House and such of their Members as 
shall be then present; the Field officers of the Eegiment of Boston, 
the Colonel of the Guards, the Sheriff of the County of Suffolk, the 
Chaplains of both Houses and such of the Governors Company as 
he shall please to invite, dine with him, and that Tickets be deliv- 
ered accordingly. 

[all which is humbly submitted by order 

W" Pepperrell.] * 

In Council Read and accepted and 

Ordered that S"" William Pepperrell, John Osborne Jacob Wendell, 
Samuel Watts Andrew Oliver, Thomas Hutchinson, Isaac Royall, 
John Erving William Brattle, and James Bowdoin Esq" with such 
as the honourable House shall appoint be the Committee for the 
purposes mentioned in the foregoing Eeport. 
In the house of Rep* 

Read and Concurred; xVnd M' Speaker, M' Flucker, M"" Gridley 
M' Tyng, M' Prat, Ja* Russell Esq"" CoP Jones, Col° Buckminster, 
M' Bordman, M' Sparhawk & Col" Quincy are joined in y* Affair. 
[^Passed June 16. 



CHAPTEK 86. 

VOTE DIRECTING THE PROVINCE TREASURER NOT TO INCUR OBLIGA- Legislative 

TIONS TO BE REDEEMED OUT OF £15,200 FUND. Records of the 

Council, xxii., 
57. 

Voted that the province Treasurer be and he hereby is directed House Jour- 
not to borrow any Money or issue his Notes therefor, to be redeemed p^]j^?Qpg 
out of the Fund of Fifteen thousand two hundred pounds, laid upon Laws, iv., 19, 
the present Year, till the further order of this Court. {^Passed^Q^I^'^^' 
Ju7ie 16. 



CHAPTER 87. 

ORDER ALLOWING £6. 7. 1 TO DANIEL MERRIT AND £3. 3. 1 TO JAMES 

POOLE. 

Ordered that there be allowed and paid out of the publick Treas- Legislative 
ury to John Bradbury Esq^ for the Use of Daniel Merrit the sum of ^^^i" off, xxfi!,^ 

Six pounds seven shillings & one penny; And to Ebenezer Nichols ^Z: 

Esq' for the Use of James Poole Three pounds three shillings and Mass. 
One penny, in Consideration of the Sufferings and Expences in xxxviu^U. 
their petitions mentioned, whilst in the Service on the last Crown ^aTtf tt*"^' 
point Expedition. [Pai^sed Jtme 16. 

' Inserted from Mass. Archives, 1., 51. 



42 



Province Laws {Resolves^ etc.). — 1757-58. [Chaps. 88-90.] 



CHAPTER 88. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £2. 10 TO DAN'' 
BREWER AND £2 TO SOL^ WHITNEY. 



Legislative 
Records of the 
Council, xxii., 
57. 

House Jour- 
nal, p. 77. 
Province 
Laws, XV., 456, 
chap. 320. 



Ordered that the Treasurer pay to Capt. James Barrett for the 
use of Daniel Brewer fifty shillings, and for The Use of Solomon 
Whitney forty shillings being the half pay they were respectively 
intitled to on their reinlisting into the Service on the last Crown 
point Expedition which was omitted in the Muster Rolls of the 
Companies they belonged to. \_Passed June 16. 



CHAPTER 89. 



VOTE REFERRING ALL UNFINISHED MATTERS. 



Legislative 
Records of the 
Council, xxii., 

58. 

House Jour- 
nal, p. 77. 



Resolved that all Matters that had day at the present sitting of 
this Court, and have not already been, or shall not be passed on 
before the Court rise, be referred and have the same day at their 
next Sitting. [Passed June 16. 



CHAPTER 90. 



Legislative 
Records of the 
Council, xxii., 
58. Mass. 
Archives, xiv., 
20. 

House Jour- 
nal, pp. 79, 80. 
Love's Fast 
and Thanks- 
giving Days 
of New Eng- 
land, p. 498. 



VOTE DESIRING A PUBLIC FAST. 

Considering the Frowns of Divine Providence upon our nation 
& Land, & upon this Province in Particular, not only Relating to 
the distressing war we are Engaged in and the many burdens the 
People are Labouring under, but more Especially Considering the 
Frowns of Divine Providence in the Terible drougth by which God 
is threatening utterly to Cutt off the farmers harvest in a great part 
of this province & to Visit us with great scarcity, we are Loudly 
Called upon to humble our selves before God for our many sins & 
to Seek a Speedy Reconciliation to him 

Voted that the Honurable his majestys Councell be desired to 
appoint as soon as may be Convenient, a day of Publick fasting 
and Prayer to Implore Gods mercy in the forgivness of of our 
sins and Earnestly seek to him for y® Great blessing of a Plentifull 
Rain whereby the Languishing fruits of the Earth may be Revived, 
& there may Yet be food for man & beast, and that God wo'd prosper 
our armies & fleets & Restore to us an honourable & Lasting Peace 
and above all Reign down Righteousness upon us that we may become 
a Penitent Reformed & so a happy People & y' all servile Labour & 
Recreation be forbidden on said day.^ \^Passed^ June 16. 

1 Sic. 

2 The fast was appointed for June 30">, 1757, and was public. 



[1st Sess.] Province Laws (Besolvesy etc.). — 1757-58. 43 

CHAPTEK 91. 

ORDER IMPOWERING TIMOTHY FITCH TO EXPORT FISH TO TENERIFFE. 

A Petition of Timothy Fitch of Boston Merchant, praying lib- R|fo^|ff^f the 
ertv to export a Cargo of Fish to Teneriffe. Council, xxii., 

-fS 1 J 59. MasB. 

Jxeacl ana Archives, Ixv., 

Ordered that the Prayer of the Pet° be granted and that the stt 



Petioner be and hereby is allowed to Export the Fish within men- Mass. 



Archives, Ixv., 



tioned for Teneriffe he giving Bond respecting the same agreeable 376. House 
to Act of Parliament. [Passed June 16. 79 6^°''^'^'^-'^ 



44: Peovince Laws {Resolves^ etc.). — 1757-58. [Chap. 92.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Sixteenth Day of August, A.D. 1757. 



chap. 76. 



CHAPTEK 92. 

ORDER ACCEPTING REPORT OF COMMITTEE APPOINTED TO BURN GOV- 
ERNMENT SECURITIES AND DISCHARGING THE PROVINCE TREAS- 
URER OF THE SUM OF £111,855. 1. 4. 

^egisiative John Osborne Esq* by order of the Committee appointed 15"" 

Council, xxii., June, to take an Account of the Government Securities which had 

^— been redeemed by the Treasurer, and see the same burnt Ee- 

nai^pp'sTss ported That they had received of M'' Treasurer Gray, Securities 
^jije, P;37, that were payable 10"' May. 1756. Amounting to Two thousand 
one hundred and Ninety pounds Nine shillings, the Interest paid 
thereon One hundred sixteen pounds eleven shillings making in the 
whole Two thousand three hundred and seven pounds; Also Gov- 
ernment Securities that were payable 1 December. 1756. Amounting 
to Four thousand four hundred and twenty three pounds ten shil- 
lings and two pence, the Interest paid thereon two hundred eighty 
eight pounds eighteen shillings and four pence, making in the whole 
Four thousand seven hundred and twelve pounds eight shillings and 
six pence. Also Government Securities that will be due 10 June, 
1758. Amounting to Five thousand seven hundred seventy one pounds 
twelve shillings and ten pence, the Interest paid thereon One hun- 
dred & three pounds and five pence making in the whole Five thou- 
sand eight hundred and Seventy four pounds thirteen shillings and 
three pence; Also Government Securities that were due 2^ June, 
1757, Amounting to Nine thousand two hundred ninety four pounds 
twelve shillings and three pence, the Interest paid thereon Three hun- 
dred fifteen pounds three Shillings and five pence making in the whole 
Nine thousand six hundred and nine pounds fifteen shillings and eight 
pence; Also Government Notes that will be due 2"^ June, 1758. re- 
deemed without Interest, Amounting to Ten Thousand pounds ; Also 
Forty thousand pounds Securities given his Excellency Governor 
Shirley redeemed without Interest : Also Government Notes payable 
in December. 1751, Twelve pounds, the Interest paid thereon One 
pound five shillings and five pence; Also Government Notes pay- 
able 1 May 1755. Amounting to One hundred and forty pounds, 
the Interest paid thereon Eighteen pounds eleven shillings, makes 
One hundred fifty eight pounds eleven shillings; Also Government 
Notes payable in January. 1752. Amounting to One hundred sixty 
seven pounds ten shillings, the Interest paid thereon Thirty two 
pounds five shillings and Nine pence makes One hundred ninety 
nine pounds fifteen shillings & nine pence ; Also Government Notes 



[2d Sess.] Province Laws {Resolves^ etc.). — 1757-58. 45 

payable V^ January, 1757. Amounting to twelve thousand four hun- 
dred Ninety three pounds eight shillings and five pence, the Inter- 
est paid thereon Eight hundred thirty three pounds four shillings 
and ten pence makes Thirteen thousand three hundred twenty six 
pounds thirteen shillings and three pence, Also Government Notes 
payable 30 June, 1757. Amounting to two thousand four hundred 
Ninety three pounds Six shillings and five pence; Interest paid 
thereon One hundred and five pounds eighteen and two pence, 
makes in the whole Two thousand five hundred Ninety nine pounds 
four shillings and seven pence; Also Government Securities that are 
payable 1" June, 1757 Amounting to Five thousand six hundred 
twenty seven pounds one shilling and eight pence, the Interest paid 
thereon Three hundred sixteen pounds eleven shillings and eight 
pence, making in the whole Five thousand nine hundred and forty 
three pounds thirteen shillings and four pence; Also Government 
Securities payable 10 June, 1757. Amounting to Sixteen thousand 
one hundred and Nine pounds five shillings and three pence, the 
Interest paid thereon One thousand pounds fifteen shillings and 
four pence making in the whole Seventeen thousand one hundred 
&j ten pounds and seven pence; All which sums Amounting to One 
hundred and eleven thousand eight hundred fifty five pounds one 
shilling and four pence which we had seen burnt and consumed to 
Ashes. 

Read and 

Ordered that this Report be Accepted and that the Treasurer be 
discharged of the said several Sums accordingly. [Passed August 17. 



CHAPTER 93. 

ORDER OF NOTICE ON THE PETITION OF WILL"*' GREGORY TO CORRECT 
A MISTAKE OF FACT IN A JUDGMENT. 

A Petition of William Gregory setting forth that on the 7"" Refords"^ th 
day of March, 1754. Joshua Prebble and Abraham Prebble being council, xxii., 

indebted to the petitioner Nine pounds twelve shillings gave him ^ . 

their Note therefor payable with Interest, and on the 16 March, n^i^^ff^"'^' 
1755. paid him Sixteen shillings and eight pence in part of said 
Note, and that in order to recover the remainder he brought an 
Action against them at the Inferiour Court for the County of 
Suffolk in April, 1756 where the said Joshua and Abraham made 
default, and judgment made up for Three pounds four shillings 
only, instead of Ten pounds one shilling, occasioned by the Clerk 
of the Court mistaking the figure 9 for 3. That the mistake was 
never discovered till the Defendants were taken upon the Execu- 
tion, and that he is without remedy without the Aid of this Court; 
And praying Relief. 

[Read and] 

Ordered that the petitioner serve the adverse party Joshua Prebble 
and Abraham Prebble with an attested Copy of this Petition that 
they shew cause (if any they have) on the second Friday of the 
next Sitting of this Court why the prayer thereof should not be 
granted. [Passed August 17. 



46 



Province Laws {Resolves, etc.). — 1 757-58. [Chaps. 94, 95.] 



CHAPTER 94 



Legislative 
Records of the 
Council, xxil., 
64^^ 

House Jour- 
nal, p. 90. 



ORDER CONFIRMING THE PROCEEDINGS OF THE TOWN MEETING OF 
THE SECOND PRECINCT IN BERWICK. 

A Petition of Daniel Libby, William Hooper & Joshua Eoberts 
all of the second parish in Berwick in the County of York and 
Assessors of the same parish for themselves and in behalf of said 
parish setting forth that the said parish have ever in the Month of 
March annually chosen assessors and other parish officers accord- 
ing to Law; at which time they have also Voted their Assessors to 
be a Committee to call parish meetings Save that in March, 1757. 
it so happen'd that no such Committee was chosen, but the same 
persons being then chosen Assessors who had been so the preceed- 
ing year; they as occasion required notified a parish meeting in 
order to raise money to pay their ministers Salary, and to defrey 
other parish Charges, and a Vote passed at the Meeting so called, 
Viz* on the 18 April. 1757. to raise monies for the purposes afore- 
said. And as the legality of said meeting may be questioned pray- 
ing that the doings of said parish in their meeting aforesaid may 
be confirmed. 

Eead and 

Ordered that the prayer of the petition be granted and that the 
Votes of the said parish passed on the 18"" of April last, as also the 
Committee then chosen be and hereby are confirmed to all Intents 
and purposes whatsoever as fully as though they had been chosen 
in the Month of March. \_Passed August 18."^ 



CHAPTER 95. 



Legislative 
Records of the 
Council, xxll., 
70. Mass. 
Archives, xix., 
604. 

Mass. 

Archives, xix., 
603. House 
Journal, pp. 88, 
92. Province 
Laws, XV., 646, 
chap. 290. 



ORDER IMPOWERING SILAS GATES, ADM«, TO EXECUTE A DEED. 

A Petition of Silas Gates of Stow setting forth that liis late 
Wife as Administratrix on the Estate of Thomas Wheeler of said 
Stow deceased had obtained liberty of this Court to make Sale of 
the Said Thomas's Real Estate That she had accordingly Sold the 
same to Stephen Houghton, but died before she had executed a 
Deed thereof; That he the said Silas is now appointed Administrator 
on said Wheeler's Estate, And praying that he may be impowered 
to execute a Deed of the Land agreeable to the Contract made with 
the said Houghton for the same. 

Eead and 

Ordered, That the prayer of this Pet" be granted; and y* he be 
and hereby is impowered in his said Capacity of Admin' to make 
and execute in due form of Law a good and sufficient Deed of Con- 
veyance to the said Stephen Houghton of the premisses sold him 
by the said Administratrix dec*^ the Pef giving sufficient Caution 
to the Judge of probate for the County of Midd^ to be Accountable 
for the proceeds of s*^ Sale. {^Passed August 19. 

» This date is according to the House Journal; according to Legislative Records of 
the Council the date is August 17. 



[2d Sess.] Province Laws {Resolves, etc.). — 1757-58. 47 



. CHAPTER 96. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO JASHER 

SOUTH WORTH. 

A Petition of Jasher Southworth of Duxborough, setting forth n^^'^J^^^^f.u 
that he was a Soldier in the hite Crown point Expedition, and that Council, xxii., 

he returned his Arms into the Store at Lake George notwithstand- i^: 

ing which there hath been Four pounds Stopped from his Wages na^^pp^^^j^gi. 
on Account of his Arms And praying Eelief. Province ' 

-n 1 J r J o Laws, XV., 695, 

Kead and chap.4i6. 

Ordered that the prayer of the petition be granted, and that the 
Treasurer be and hereby is directed to pay the petitioner the sum 
of Four pounds deducted from the Wages due to him on Account 
of his Arms not being returned. \^Passed August 19. 



CHAPTER 97. 

ORDER IMPOWERING RICHARD CUTT & TIM^ GERRISH, ADM^^, TO SELL 
PART OF AN ESTATE TO PAY DEBTS. 

A Petition of Eichard Cutt & Timothy Gerrish Administrators Legislative 
on the Estate of Samuel Mitchell late of Kittery deceased, setting coundf.xxu.? 
forth, that the Creditors Claims on the said Estate Amount to Forty 7i. Mass. 
three pounds eleven shillings and four pence more than the per- eio. ' '* 
sonal Estate of said deceased, and the Land sold by order of the Mass. 
Superiour Court will discharge, and as it will be ten months before ^g'^^House''^'' 
the Superiour Court will sit again in the County of York; pray- Journal, p. %. 
ing liberty to sell so much of the deceased's Eeal Estate as will La^vs^u^, i5i, 
pay the sum aforesaid, and the Charges that may Accrue on the chap. lo. 
Sale. 

Eead & 

Ordered that the Prayer of the Petition be granted, and the Peti- 
tioners are allowed to sell so much of the Eeal Estates of the said 
Deceas'd as shall be sufficient for the Purpose within mentioned, 
to such Person or Persons as shall give most for the same And that 
they account for the Produce thereof with the Judge of Probate for 
the County of York; Provided before such Lands be sold they post 
up Notifications thereof agreable to the Law for impowering Exec""* 
& Admin" to make Sale of Eeal Estates. \^Passed August 19. 



CHAPTER 98. 

ORDER IMPOWERING LYDIA FINNEY, ADM^, TO SELL AN ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Lydia Finney of Norton Widow & Administra- Legislative 
trix of Abijah Finney deceased, setting forth that the deceased's councff xxii!^ 
personal Estate is insufficient to pay his Just Debts by £68.9.5. ''i- Mass. 
That his Eeal Estate was Apprized at £162.18.8, that when her eoi? ^^^^'^^^•' 
Dower in the same is Set off, the remaining two thirds will not m^^^^^ 
make a convenient Settlement; And praying liberty to sell the ^^oJ^^House 



48 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 99, 100.] 



Journal, pp. 89, whole or SO much of it as will enable her to discharge the de- 

94, 95, Prov. ^^^^^^^ ^^-^^^^ 



ince Laws.ii., 
151, chap. 10. 



Eead and 

Ordered That the prayer of the Petition be so far granted, as 
that the Petitioner in her said Capacity be and hereby is Author- 
ized, and Impowered to make Sale of the Eeal Estate in said peti- 
tion mentioned for the most the same will fetch she observing the 
Law respecting the Sale of Real Estates by Executors and Admors. 
and to make and Execute a good deed or deeds for Conveyance 
thereof, she giving Sufficient Caution to the Judge of Probates for 
the County of Bristol that the proceeds arising by such Sale (after 
the Just debts and Charges are paid) be Secured for the proper 
Heirs Agreeable to Law. \^Passed August 19. 



Legislative 
Records of the 
Council, xxii., 
72. Mass. 
Archives, 
Ixxvii., 206. 

House Jour- 
nal, p. 97. 
Province 
Laws, XV., 708, 
chap. 448. 



CHAPTER 99. 

VOTE ESTABLISHING PAY & SUBSISTENCE FOR 200 MEN ON THE WEST- 
ERN FRONTIERS. 

Voted, that pay & subsistance as marching or Scouting Forces be 
allowed to two hundred men including Officers for the Defence & 
protection of the Western Frontiers in addition to the Forces already 
employed in that Service the Head Quarters of seventy of said men 
to be at Fort Massachusetts which will make with those already posted 
there One hundred including one Captain one Lieutenant one Ensign 
four Sargeants four Corporals & one Drummer the Head Quarters 
of Ninety others of said men to be at the Block-house at West Hoo- 
suck which will make with those already posted there One hundred 
including one Captain one Lieuten* one Ensign four Sergeants four 
Corporals & one Drummer, and the Head Quarters of sixteen others 
of said men to be at Charlemont viz*^ ten at Eice's Garrison and Three 
at each of the other Garrisons & the head Quarters of the other 
Twenty four to be at Pontoosuck viz twelve at Williams Garrison 
& twelve at Goodrich's Garrison the pay & subsistance aforesaid to 
continue untill the first of October next & no longer. 

And that His Excellency the Cap'^ General be desired to give 
Orders that the aforesaid men be raised by Inlistment. \^Passed 
August 19. 



CHAPTER 100. 



Legislative 
Records of the 
Council, xxii., 
73^ 

House Jour- 
nal, p. 95. 
Province 
Laws, iii., 64, 
chap. .32. 



VOTE IN REGARD TO ENTERING ACTIONS IN THE INFERIOR COURT 
OF COMMON PLEAS FOR WORCESTER COUNTY. 

Whereas the Inferiour Court of Common pleas which was to 
be holden at Worcester within and for the County of Worcester on 
the third tuesday of August current, by reason that the people who 
had business at said Court were gone into the publick Service, was 
adjourned to the second tuesday of September next, and inasmuch 
as the Actions that were brought to said Court, were not on said 
third tuesday of August entered Therefore 

Voted That the Justices of the Said Inferiour Court, be and 
hereby are impowered to suffer such Actions as were not entered 



[2d Sess.] Province Laws (i?eso/ye6', ete.). — 1757-58. 49 

on said third tuesdciy of August, to be entered at the Adjournment 
on the first day of the Sitting of said Court, and that tlie Entries 
tiiat shall be so made be deemed valid and sufficient to all Intents 
and purposes, as if made on the third tuesday of August current, 
agreeable to Law. [Passed August 19. 



CHAPTEE 101. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF ESSEX AND ALLOWING £2. 10 FOR THE EXPENSE 
THEREOF. 

Benjamin Lynde Esq* from the Committee for farming the Legislative 
Excise on Spirituous Liquors in the County of Essex, Eeported counctf xxi!'^ 
that they had Sold the same to M'' Jacob Ashton for Sixteen hun- 73. 
dred thirty seven pounds six shillings and eight pence, and prayed House Jour. 
Allowance for their time and Expence Fifty shillings. Prov^iice 

Kead and ' Laws, xv., eei, 

Ordered that this Report be Accepted; and that there be allowed °*''^p- ^■^'^• 
and j)aid out of the publick Treasury to the said Committee the sum 
of Two pounds ten shillings in discharge of their account of time 
and Expences exhibited. [Passed August 20. 



CHAPTEK 102. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO WARD 

NOYES. 

A Petition of Ward Noyes Surgeon's Mate in the late Crown Legislative 
point Expedition, setting forth that his Gun was stolen from his counc'if xxu^ 
Tent while he was Visiting the Sick; And praying that he may vs. Mass. 
have an Order to receive the Four pounds deducted from his Wages bS'^O?. 
on Account of his Gun's not being returned. 1^^^^; 

Read and Archives, 

Ordered, That the Treasurer pay to John Osgood Esq' for the House Joiir- 
use of the Pef the four pounds deducted out of his Wages on the province*' '^^^ 
last Crown point Expedition on acc° of his Arms not being returned. Laws, xv., 695, 
[Passed August 20. ^ ^^' 



CHAPTEE 103. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO JOHN 

HUSTON. 

A Petition of John Huston a Soldier in the late Crown point Legislative 
Expedition, setting forth that on his return home he was taken councif, xxii.^ 
Sick on account whereof he was at considerable Expence, and ArcMve^^' 
during his Sickness lost his Money and Cloaths, as also his Gun, ixxvii., i.^4. 
for which Gun there has been Four pounds stopped out of his House Jour. 
Wages ; And praying Relief. prov'iu^" 

Read and Laws, xv., 695, 

chap. 416. 



50 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 104, 105.] 



Ordered, That the Treasurer pay to Joseph Sayer for the use of 
the Petitioner the four pounds deducted from the Wages due to 
him on the last Crown point Expedition on Acc° of his Arms not 
being returned. [^Passed August 20. 



CHAPTER 104. 



ORDER IMPOWERING MEHETABEL BABBIGE, ADM^, TO SELL AN ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of ttie 
Council, xxii., 
74. Mass. 
Archives, xix., 
616. 

Mass. 

Archives, xix., 
612-615. House 
Journal, pp. 86, 
97, 99. Prov- 
ince Laws, ii., 
151, chap. 10. 



A Petition of Lydia Babbidge, John Babbidge & others the 
Children, Grand children and Coheirs of Christopher Babbidge 
late of Salem Cordwainer deceased, setting forth that the said 
Christopher died seized of a Eeal Estate of the value of Two hun- 
dred & thirty one pounds lawful money and a personal Estate ap- 
prized at Forty pounds, that the deceaseds Debts amount to more 
than the value of said personal Estate ; that two thirds of the Eeal 
Estate consists of a House, Barn and about Sixty poles of Land; 
that the Buildings are much out of repair & going to decay, and 
likewise incapable of being divided among the several Heirs; That 
they have therefore by themselves and by the Guardians of such 
of them as are Minors agreed upon a Settlement and division of 
the whole Estate provided they may have liberty to Sell the said 
Buildings and Land thereto belonging. And praying that Mehetabel 
Babbidge one of the petitioners and Administratrix of the said Chris- 
tophers Estate may be impowered to make Sale of Said Estate in 
order to carry the said Agreement into Effect; 

Eead and 

Ordered that the prayer of this Petition be Granted ; and that the 
Petitioner Mehetabel, in her said Capacity of Administratrix, be, 
and hereby is, Impowred to Sell the said House and Land adjoining, 
for the most the same will fetch, and to make and execute a good 
and sufficient Deed or Deeds of Conveyance thereof in due form 
of Law she observing the direction of the Law respecting the Sale 
of Eeal Estates by Executors and Administrators and giving suffi- 
cient caution to the Judge of Probate for the County of Essex for 
paying the Debts of the said Intestate as mentioned, and for Secur- 
ing to the Minor heirs their proportions of the said Estate accord- 
ing to the Agreement of the Heirs now of Age, and the Guardians 
of the said Minors therein mentioned which Agreement said Judge 
of Probate is hereby authorized to Conform himself to in his Set- 
tlement and Distribution of said Estate. {^Passed August 20. 



CHAPTER 105. 

VOTE ESTABLISHING PAY AND SUBSISTENCE FOR FORTY TWO MEN ON 
THE EASTERN FRONTIERS AND ORDER DIRECTING THE COMMISSARY 
GENERAL TO SEND PROVISIONS TO BROAD BAY. 



Refordfof the Voted That forty two men more of the Inhabitants of the follow- 

Councii, xxii., iug Towns be put into the pay and Subsistance of the Goverment, 

ArcWTCs^," to Commence at the time of their Inlistment and to Continue untill 

ixxvii., 207. the first day of October next & no longer, viz^ twelve at Lebanon 



[2d Sess.] Province Laws {liesolveSf etc.). — 1757-58. 51 

one of Whom to be a Sergeant, twelve at Pliillips Town one of ^a°"pp;^u°"ioo. 
whom to be a Sergeant twelve at Naraganset N" One, One of whom Province' 
to be a Sergeant, and Six at Peirson and Hobbs Town and that his ciiap^448.'' ' '' 
Excellency the Capt" General be desired to give Orders that two ^hapV^g^"^' 
Swivel Guns, half a barrell of powder, with Lead & Shot in pro- 
portion be sent to Moses Peirson Esq"" at Falmouth Casco bay for 
the use of the Garrison at Peirson and Hobbs Town (so Called) 
said Peirson to be Accountable therefor and that The pay & Sub- 
sistance aforesaid be divided among the Inhabitants, of the respec- 
tive Towns, 

And in Answer to the Petition of the Inhabitants of Broad Bay. 

Ordered That the Commissary be directed to Send to Christopher 
Leissner there Indian Corn to the Value of Forty Pounds to be 
distributed among the most necessitious of said Inhabitants at his 
discretion. [Passed Augicst 20. 



CHAPTER 106. 

VOTE DIRECTING THE COMMISSARY GENERAL TO FURNISH SOLDIERS 
FROM FORT W" HENRY WITH PROVISIONS. 

Whereas many of the Soldiers that were at the Siege at Fort Ji^^'^'^t^^f .^ 

• Kccorcis oi tnG 

William Henry are returned to Boston, and others are daily re- councu, xxii., 
turning under such Circumstances that they are not Able to sup- ArcMv'es,' 
port themselves untill they can get to their respective places of ixxvii.,2i7. 
Abode ; Therefore 5,^^?^ ?„*?,^" 

Voted, That the Commissary General be directed to furnish such 
Soldiers as shall apply to him, with a suitable Allowance of Provi- 
sion in Order to support them untill they return to their respective 
places of Abode, accounting fifteen miles for a day's Travel, The 
said Commissary to take an Account of the names of such Soldiers, 
the Company they belong to, and the Quantity of Provision he shall 
Furnish them with. [Passed August 22. 



nal, p. 102. 



CHAPTER 107. 

order ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF BARNSTABLE AND ALLOWING 40/ FOR THE EX- 
PENSE THEREOF. 

The Committee appointed to farm out the Excise on Spiritu- Legislative 
ous Liquors for the County of Barnstable the Current year having count^^i^, xlu.? 
attended that Service and Farmed the Same to M' Nathaniel Little "]■ Mass. 
of Marshfield for one hundred Sixty & Six pounds thirteen shillings iss. 

& 4'* ^ Mass. 

And have taken his Bond with Sufficient Security therefor which ^s'^^housc^^'* 
they have delivered to the Province Treasurer And the said Com- Journal, p. 103. 
mittee Pray the following allowance for their Service and Expences La\v8,'xv.,662, 
herein ''^'^p- '^'^■ 

All which is humbly Submitted 

SiLVANUs Bourn ^"^ order 



52 



Province 'LAws(Besolves,etc.). — 1757-58. [Chaps. 108, 109.] 



Read and 

Ordered Thsit this Eeport be Accepted; And That there be allowed 
and paid out of the public Treasury to the said Committee the sum 
of forty Shillings, in full discharge of their Account of Time and 
Expences exhibited. [Passed August 23. 



Legislative 
Records of the 
Council, xxii., 
78. Mass. 
Archives, xix., 
619. 

House Jour- 
nal, j)p. 99, 105. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 108. 

ORDER IMPOWERING JOSEPH WILLIAMS, ESQ^, GUARDIAN, TO SELL 
PART OF AN ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Joseph Williams Esq' Guardian to Anne Dudley 
a minor, daughter of William Dudley Esq"' deceased, setting forth. 
That the said minor stands Seized of One Moiety of a Dwelling 
house and Land in Newbury Street measuring fifty two feet front; 
That the said House is much out of Repair and in danger of fall- 
ing down; And praying liberty to sell the same. 

Read and 

Ordered That the Prayer of this Petition be granted ; and that 
y* Pef be, and hereby is impowered to make Sale of the said 
Minor's part of the house & Land mentioned to such person or 
persons as shall appear willing to give most for the same, he giving 
public Notice of the time of such sale agreeable to the directions 
of the Law respecting the sale of Real Estates by Exec" & Admin" 
& to make and execute in due form of Law a good and sufficient 
Deed or Deeds of Conveyance thereof, he giving sufficient Caution 
to the Judge of Probate for the County of Suffolk for securing the 
proceeds of such Sale for the use of said Minor according to Law. 
[Passed August 24. 



CHAPTER 109. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £6. 15 TO 

ABRAHAM CROWLEY. 



Legislative 
Records of the 
Council, xxii., 

78. 

Mass. 
Archives, 
Ixxvii., 62. 
House Jour- 
nal, pp. 33, 105, 
106- 



A Petition of Abraham Crowley of Attleborough, setting forth, 
That he was one of the last Recruits raised for the Crown point 
Expedition in 1756. That he proceeded as far as Still Water and 
there tarried between two and three Months, but not being put into 
any Company, he is not made up in any Muster Roll so that with- 
out the Aid of this Court he cannot draw any pay; And praying 
Relief. 

Read and 

Ordered That the Treasurer pay to M' Josiah Maxey for the use 
of the petitioner the sum of Six pounds fifteen shillings in full for 
his Wages on the last Crown point Expedition, and Billeting on his 
return home as mentioned. [Passed August 24. 



[2d Sess.] Province Laws (Hesolues, etc.). — 1757-58. 53 



CHAPTER 110. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR 
THE COUNTY OF DUKES COUNTY AND ALLOWING 30/ FOR THE EX- 
PENSE THEREOF. 

The Committee for farming the Excise on Spirituous Liquors Legislative 
in Dukes County Eeported, That they had farmed the same to councff, xliuf 

Capt. Samuel Cobb of Tisbury for Nineteen pounds six shillings '^ ^ 

and eight pence; And prayed Allowance for their time and Expence House Jour- 
therein Thirty shillings. . Province"' 

Read and S!m''''* 

Ordered that this Eeport be Accepted; and that there be allowed 
and paid out of the publick Treasury to the Said Committee Thirty 
shillings in full discharge of their Account of time and expences 
exhibited. [Passed August 24. 



CHAPTER 111. 

V0T5 DIRECTING THE PROVINCE TREASURER TO INDORSE CERTAIN 
BILLS TO THE CHAIRMAN OF THE COM'^^e qf WAR. 

Whereas Eobert Sanders of Albany Esq"" at the desire of the Legislative 
Committee of War has advanced several sums of Money for freight councif xxil!^ 
of Goods to Albany, as well as transporting them from thence to 79- 
the Forts Edward and William Henry and hath engaged to furnish House Jour- 
some of the Forces of this province, who are returning home with prov'inc^^" 
Cloathing; and Messieurs Isaac & Nicholas Governeurs of New York ^ifa^%gT"'^^' 
have also purchased and forwarded to Albany Wine and Soap for the Ante',v.''i'i, 
Use of the Men raised by this Government under his Excellency the ^ *p-^^- 
Earl of Loudoun, for which the Committee of War stand charge- 
able; And as John Foye Esq' hath lately sold to Christopher Kilby 
Esq"" a quantity of Bread and Flour belonging to this province to 
the Value of One hundred and fifty three pounds fifteen shillings 
Sterling, and has taken M'' George Saul's Bills on Mess""^ William 
and Eichard Baker Merchants in London therefor, payable to Har- 
rison Gray Esq'' Treasurer. 

Voted That the Treasurer be and he hereby is directed to indorse 
the said Bills to John Osborne Esq'' Chairman of the Committee 
of War, and deliver him the same, charging the said Committee 
with that sum, the said Committee to be Accountable. [Passed 
August 24. 



CHAPTER 112. 

ORDER IMPOWERING SAMUEL BASCOMB AND SARAH HIS WIFE, EXEC- 
UTRIX, TO SELL AN ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

A Petition of Samuel Bascombe of New Braintree and Sarah R|ford"of the 
his Wife formerly Sarah Barnes, Eelict of Comfort Barnes late of council, xxii., 
Brookfield deceased setting forth that the said deceased by his ArcMvestxix., 
last Will and Testament gave her the Said Sarah one third part ^^ 



54 



Province IuAV^^ {Resolves, etc.). — 1757-58. [Chaps. 113,114.] 



Mass. 

Archives, xix. 
597. House 
Journal, 
pp. 103, 106. 
Province 
Laws, il., 151, 
chap. 10. 



of all his Estate both Eeal & personal in such manner as the Law 
would have given it her, had he died Intestate, That he gave his four 
Sons all his Lands and personal Estate excepting the said Sarah's 
Dower as aforesaid and certain Legacies to his seven daughters That 
in the year, 1751. the Judge of probate upon Application made to 
him, ordered a division of the deceaseds Estate, and the same was 
accordingly settled one third upon the said Sarah during life and 
the other two thirds upon the said Sons, That the personal Estate 
was not sufficient to pay the daughters' Legacies by which means it 
will be necessary to set aside the division of the Estate and Sell off 
Sufficient to pay the Legacies or to Sell off a proportionable part 
of each of the Sons Shares for that purpose; which latter being 
most agreeable to all concerned ; They pray that She as Executrix 
of the deceaseds last Will may be impowered to do accordingly. 

Read and 

Ort/er'fZ, That the Prayer of the Petition be so far granted, as 
that the Petitioners, with the Assistance of Major Simeon Dwight 
Guardian to one of the Deceased's Sons be and they hereby are 
Impowered to make Sale and pass and Execute a good Deed or 
Deeds in the Law of so much of each Son's Part of said Deceased's 
real Estate as was set off to them in the Division thereof, where it 
may be of least Damage to the Sous, as shall enable them with what 
remains of the personal Estate in the Hands of the Petitioneys, to 
pay the Legacies given to the said Deceased's Daughters as they 
respectively come of age or are married; the Petitioners observing 
the Law relating to the Sale of real Estates by Execuf^ & Admin- 
istrators; & before such Sale giving Security to the Judge of Pro- 
bates for the County of Worcester for applying the Produce thereof 
for the Payment of said Legacies. \^Passed August 24. 



CHAPTER 113. 



Legislative 
Records of the 
Council, xxii., 
81. Mass. 
Archives, 1., 60. 

House Jour- 
nal, pp.92, 95. 



VOTE GRANTING £300 TO HIS EXCELLENCY THE GOVERNOR. 

Voted, That there be granted and paid out of the public Treas- 
ury to his Excellency Thomas Pownall Esq'' Governor in Chief of 
this Province the Sum of Three Hundred Pounds to defrey the 
Charges of Transporting his Equipage hither. \Passed August 24. 



CHAPTER 114. 

ORDER IMPOWERING CAPT. NOAH SPRAGUE TO SELL LAND AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 

82. Mass. 
Archives, xix., 
6-22. 

House Jour- 
nal, pp. 101, 107. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of the Rev'' M' Thomas Prince & others in behalf 
of themselves and other Heirs (who are Minors) of the Rev'' M' 
Nathan Prince deceased setting forth that the said Nathan died 
seized of sundry small parcels of Land in Rochester in the County of 
Plymouth apprized at less than Forty pounds lawful money the whole, 
and as the Heirs are Numerous and some of them Minors praying 
liberty to sell the same and divide the produce of such Sale, after 
deducting the Charges, among those who are severally interested 
in said Lands. 



[2d Sess.] Province Laws [Hesolves, etc.). — 1757-58. 55 

Read and 

Ordered, That the Prayer of this Petition be granted; and that 
Cap* Noah Sprague be and hereby is impowered to Make Sale of 
the Lands mentioned to such person or persons as shall appear to 
give most for the same, he Observing the Directions of the Law 
respecting the Sale of real Estates by Exec" and Admin", And in 
due form of Law to make a Deed or Deeds of Conveyance thereof, 
which when executed acknowledged and recorded in the Registry 
of Deeds for the County of Plymouth as the Law directs shall be 
held and deemed, and hereby is declared to be good and Valid to 
all intents and purposes whatsoever. Provided tliat he give suffi- 
cient Caution to the Judge of Probate &c for said County for pay- 
ing the proceeds thereof, deducting the Charges arising on such 
Sale, to the proper Heirs or their Guardians agreeable to the Direc- 
tions of the Law. [Passed August 24. 



CHAPTER 115 



ORDER IMPOWERING BENJ^ HAMBLIN, GUARDIAN, TO SELL PART OF 

AN ESTATE. 

A Petition of Benjamin Hamblin of Barnstable, setting forth, R|fj,r^B*of the 
That he is Guardian of Mary Crocker and Hopestill Crocker Minors council, xxii.. 



& daughters of Thomas Crocker late of Barnstable deceased, who Archiv*es%ix., 
likewise left three other daughters. Coheirs, That the deceaseds ^ 



Estate consists of a Dwelling house and Sundry small parcels of Mass. 
Land apprized at £148.13.4 the Licome of which will bring in 62a House'*''' 
little more than sufficient to keep Said House in repair; And pray- provi'nce*'" ^**' 

inff liberty to sell the Said Minors Interest in the Estate. Laws, ii., 151, 

*= , '' , chap. 10. 

Read and 

Ordered that the Prayer of this Petition be so far granted as that 
the Petitioner in his said Capacity be and hereby is authorized and 
impowered to make sale of two fifth parts of the Estate within men- 
tioned and to make and Execute a good and sufficient Deed or Deeds 
in Law to such person or persons as shall give most for the same. 
He Observing the direction of the Law respecting the sale of Real 
Estates by Exec" And Admin" And giving sufficint Security to the 
Judge of probate for the County of Barnstable duely to Account 
for the produce of such sale. [Passed August 25.^ 



CHAPTER 116. 

ORDER ALLOWING £3 TO JOSIAH PARKER. 



A Petition of Josiah Parker of Chelmsford, setting forth that ^Ifo^dfof the 
on the 29 of August, 1750. He was impressed into his Majestys ser- council, xxii., 
vice on the Crown point Expedition, and on the G'^'' of September Archiv'esT' 

began his March ; but being taken Sick on the road could reach no ixxvi., 439. 

farther than Westfield, from whence he returned Sick and got home Mass. 
on the 8*'' of October following; And praying an Allowance. ixx'tlIII'v. 

> This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is August 24. 



56 



House Jour- 
nal, p. 109. 



Province Laws (Besolves, etc.). — 1757-58. [Chaps. 117-119.] 

Read aucl 

Ordered, That there be allowed, and paid out of the Public Treas- 
ury to Cap*^ Ephraini Spaulding the Sum of three pounds for the use 
of the Petitioner, in full for one Mouth and twenty five days service 
in the last Crown-Point Expedition, for the Charges of his sickness 
And for the use of his Gun Mentioned. [Passed August 25. "■ 



CHAPTER 117. 



Legislative 
Records of the 
Council, xxii., 
85. 

House Jour- 
nal, i>. 113. 



VOTE CONFIRMING THE ASSESSMENTS OF DARTMOUTH ASSESSORS. 

Whereas it has been represented to this Court, that in the year. 
1753. the Town of Dartmouth at their annual Town Meeting in 
March made choice of Capt. Kathaii Sole, Jirah Swift and Peleg 
Smith Assessors for said Town said year, who accordingly made 
the several Assessments; but it so happened the said Peleg Smith 
did not take the Oaths appointed by Law for the Qualification of 
an Assessor whereby some doubts have arisen. 

Wherefore 

Voted That as the other two of said Assessors were duly qualified 
the said several Assessments shall be deemed good and effectual to 
all Intents and purposes; the said peleg Smith not duly qualifying 
himself according to Law notwithstanding. [Passed August 26. 



CHAPTER 118. 



VOTE DIRECTING THE COMMISSARY TO PURCHASE PROVISIONS AT 

WEST HOOSUCK. 



Legislative 
Records of the 
Council, xxii., 
86. 

House Jour- 
nal, p. 113. 
Ante, p. 48, 
chap. 99. 



Whereas the House are informed that there is a large quantity 
of Provisions provided by private persons and now deposited at the 
Block house at West Hoosuck which may be had for the province 
Use for billeting the Ninety Men which by this Court are destined 
for that place, which if procured will prevent a great Charge and 
hazard to the province in transporting provisions at this time of 
Danger Therefore 

Voted that the Commissary General be directed to contract with 
the proper Owners for said provisions, provided the Cost shall not 
exceed Five shillings and four pence each Man ^ week, which is 
what the Inhabitants at that Block house have agreed to billet them- 
selves for. [Passed August 26. 



CHAPTER 119. 



ORDER ALLOWING £2. 19 TO NATHAN WILLIAMS, 2^^^. 

Rlford"of the ^ Petition of Nathan Williams 2"^"^ of Norton, setting forth 

Council, xxii., That on the 30'^^ September, 175G. he was impressed into his Maj- 

80. i\iass. 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is August 31. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1757-58. 57 

esty's Service for the intended Expedition against Crown point, that ^'■^'\'y<'.^> 

he Marched as far as Still Water where he was ordered to stay to -^ — - — '■ 

take care of the Sick, where he iiimself was taken Sick and with Archives, 
much difficulty got home on the 9"' of December after the Army House Jour- 
was disbanded, Tliat being put into no Company he is not made nai, pp. 103, io4, 
up in any Muster Roll; And praying an Allowance for his Service, 
and the Charge of Billeting himself. 

Read and 

Ordered, That there be allowed & paid out of y* public Treasury 
to M"" Thomas Morey for the use of the Petitioner, the sum of two 
pounds Nineteen shill* in full for his service in the last Crown-point 
Expedition mentioned. \^Passed August 26. 



CHAPTER 120. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF YORK 

COUNTY. 

Jeremiah Moulton Esq^ Treasurer of the County of York, R|fords"jfthe 
having laid before the Court his Accounts for the year, 1756. councu, xxn., 

Read and ^± . 

Ordered that this Account be allowed, and that the Ballance ^a'l^pp.'^syiog. 
thereof being Forty eight pounds seventeen shillings and two pence 
the said Treasurer be further accountable to the said County for. 
\^Passed August 26. 



CHAPTER 121. 

RESOLVE DEFERRING THE VALUATION OF ESTATES IN THE PROVINCE. Legislative 

Records of the 
. Council, xxli., 

Resolved that the Valuation of Estates thro the province be put 86^^ 

off to another year; and that directions be sent to the Assessors of HoiiseJour- 
the several Towns and Districts to stay their proceedings therein "I'd.' TrovSnce 
accordingly. [Passed August 26. noZ^'^'u^' 

p. 32, chap. 61. 



CHAPTER 122. 



ORDER ALLOWING £15. 18 TO D^ JOHN CALEF. 



A Petition of John Calef of Ipswich physician, setting forth R^?'i.|f' ^f ^h 
That on the 32'^ Janry. 1755. He received a Warrant from Gov- council, xxii., 
ernor Shirley to proceed to Fort Halifax to take care of the Sick ArcMvYs^' 
Soldiers in that Garrison. That he arrived there the beginning of ixxvii., 58. 
February, and there continued until the first of April, for which Mass. 
Service he hath received no pay, And praying an Allowance there- ixx^vu!,*'!?. 
for, and also for his Travelling Charffes. ^a*^*^,®.^'^-^"-; 

o o naj, pp. 14, <9, 

Read And • ne. 

Ordered That the Prayer of the Petition be so far granted as 
That there be allowed out of the public Treasury the sum of fifteen 



58 



Province ljAws{Itesolves,etc.). — 1757-58. [Chaps. 123-125.] 



pounds eighteen shillings to the Petitioner in full for his Services 
mentioned, and that the same be paid to M' Thomas Lancaster for 
the Petitioner's use. [Passed August 26. 



CHAPTEE 123. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY TO JOS. CHAM- 
BERLAIN & SILAS MATTHEWS £4 EACH. 



Legislative 
Records of the 
Council, xxii., 

87. Mass. 
Archives, 
lxxvii.,20S. 

Mass. 
Archives, 
Ixxvii., 208. 
House Jour- 
nal, p. 115. 
Province 
Laws, XV., 695, 
chap. 416. 



A Petition of Joseph Chamberlain and Silas Matthews, Soldiers 
in the late Crown point Expedition setting forth that they return- 
ing from the Army as Invalids left their Guns at the Half Moon in 
the Store there. And that there has been Four pounds stopped from 
each of their Wages on Account of their Guns not being returned ; 
And praying Relief. 

Read and 

Ordered, That the Treasurer Pay to M"" Samuel Witt for the use 
of Joseph Chamberlain & Silas Matthews four Pounds each, being 
the sums deducted from the Wages due to them on the last Crown- 
point Expedition for not returning their Arms, [Passed August 26. 



CHAPTER 124. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BARNSTABLE 

COUNTY. 



Legislative 
Records of the 
Council, xxii., 

87. 

House Jour- 
nal, pp. 13, 109. 



M^ Jonathan Bacon, Treasurer of the County of Barnstable 
having laid before the Court his Account for the year. 1756 

Read and 

Ordered that this Account be allowed ; and that the Ballance 
thereof being Fifty one pounds five Shillings and four pence three 
farthings the said Treasurer be further Accountable for. [Passed 
August 26. 



CHAPTER 125. 

ORDER IMPOWERING EDWARD BACON, ADMr, TO SELL LAND AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 
88. Mass. 
Archives, xix., 
625. 

Mass. 

Archives, xix., 
623. House 
Journal, 
pp. 102, 104, 107, 
108. Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Edward Bacon of Barnstable sole Adminis trato r 
of the Estate of Jabez Bacon late of Barnstable Mariner deced, 
setting forth that the Said Jabez died seized of sundry small par- 
cels of Land in Barnstable, all which was apprized at Forty six 
pounds thirteen shillings and four pence and no more, That the 
deceaseds Debts amount to Twenty four pounds sixteen shillings, 
including the Charges of Administration; to discharge which it 
will be requisite to sell a part of said Real Estate; and as in such 
case the remainder would be very inconsiderable ; praying for leave 
to sell the whole, He to be accountable. 

Read and 

Ordered, That the Prayer of this Petition be granted ; and that 
the Petitioner in his said Capacity of Administrator be and hereby 



[2d Sess.] Province Laws [liesolvesy etc.). — 1757-58. 59 

is Authorized and Impowered to make Sale of the whole of the 
Lands therein mentioned, for the most the same will fetch, he 
observing the Directions of the Law respecting the Sale of Real 
Estates by Executors and Administrators ; and to make in due Form 
of Law a Deed or Deeds of Conveyance thereof, which, when duly 
Executed and Eecorded in the Registry of Deeds, for the County 
of Barnstable, shall be held and deemed, and hereby is declared 
to be good and valid in the LaAV, to all Intents and Purposes what- 
soever, the Petitioner first giving Bond with sufficient Sureties to 
the Judge of Probate &c. for said County, to apply the Proceeds of 
such Sale towards the Payment of the said Deceased's just Debts 
and Charges of administration &c mentioned; and to distribute 
the Surplusage (if any such there be) to and among the said In- 
testate's Heirs or, next of Kin, according to the Directions of such 
Judge of Probate. [Passed August 26. 



CHAPTER 126. 

VOTE ALLOWING 6/ TO RICHARD DEXTER. 

Whereas there was a Mistake of Six shillings to the prejudice Legislative 
of Richard Dexter in the Allowance made him the 8^*^ April last counc'if, xliilf 

for the Services of his Apprentice Ebenezer Moor as in his peti- ^^ 

tion mentioned _ House Jour- 

Votecl that there be allowed and paid out of the publick Treas- pVovmce ' 
ury the said Sum of Six shillings to M'' Benjamin Hills for the use ^^'p^sL'' "^^' 
of the said Richard Dexter. [Passed August 26. 



CHAPTER 127. 

ORDER ALLOWING £24. 4. 9 TO JER. LINCOLN. 

A Petition of Jeremiah Lincoln setting forth That on the 18*^ Refordsonhe 
day of September last being sent out with Forty six others under council, xxii., 
the Command of Capt. Hodges on a Scout from Fort William Henry, AJchfv^es!" 
That on the next day he was taken Captive by the Enemy, who either ixxvii., i96. 
killed or Captivated the whole party excepting five; That he was ^^^,^j^gg 
carried to Mont Real where he arrived the 1^* of October, and there ixxvii., 195. 
remained till the 11^^ of June, Avhen he with three others made na°i"pp."\*i^ii6. 
their Escape and after enduring many hardships he arrived at Fort 
Edward in sixteen days; And praying an Allowance for his time 
and Sufferings. 

Read x\nd 

Ordered^ That there be allowed and paid out of the public Treas- 
ury to the Petitioner the sum of Twenty four Pounds four Shillings 
and nine pence in full for his services and sufferings mentioned. 
[Passed August 26. 



60 



Province Laws (i^eso/ves, ete.). — 1757-58. [Chaps. 128-130.] 



CHAPTEK 128. 



ORDER IN REGARD TO THE BEQUEST OF SIR PETER WARREN. 



Legislative 
Records of the 
Council, xxii., 
89. Mass. 
Archives, 
xxxiii., 3. 

House Jour- 
nal, p. lis. 
Province 
Laws, xiv., 563, 
chap. 66; 6W, 
chap. 155. 



Whereas the Agents of Lady "Warren have signified That they 
are now ready to pay off the Sum of Seven hundred Pounds Ster- 
ling together with the Interest thereon which the late Sir Peter 
Warren had devoted as by his Letter of 30'*^ March 1751 for the 
Education & Instruction of Indian Children. 

Ordered That the Province Treasurer be directed to receive the 
said money and give a proper discharge for the Same. And that 
the Interest of the whole of said Money at the Rate of Six pounds 
fj Centum be appropriated for the Education and Instruction of 
such of the Children of the Indians of the Six Nations who may 
be sent for that purpose into this Province to be put under such 
Master or Instructor as this Court shall approve of. 

And that Sir William Johnson, Nephew of said Sir Peter Warren, 
to wliom his Majesty has committed the Care of those Indians be 
advised of this Resolution, and be desired to recommend it to those 
Tribes of Indians to send some of their children in order to receive 
the Benefit of this donation: and that He be informed that so soon 
as a sufficient number of Children shall appear, the Court will pro- 
vide for their Support and Instruction, [^Passed August 27.^ 



CHAPTER 129. 



ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxii., 
90. 

Mass. 
Archives, 
Ixxvii., 30, 33, 
.35, 109, 110, 144. 
House Jour- 
nal, p. 117. 



Ordered, That there be allowed and paid out of the publick Treas- 
ury to Capt. Nathaniel Sumner for the Use of Elkanah Boyden Eight 
pounds sixteen shillings and seven pence; To Daniel Gidding for the 
Use of Amos Story forty nine shillings and four pence; To Duncan 
Campbell Esq' for the use of Ebenezer Eddy, Five pounds nine shil- 
lings and two pence; for the use of David Town fifty seven shillings 
and four pence; and for the use of Isaac Learned Three pounds ten 
shillings; To Thomas Greenwood Esq' for the use of Moses Johnson 
Three pounds three shillings and eight pence ; and to Capt. Benja- 
min Milliken for the Use of Asa Kimball fifty three shillings and 
eight pence in full for the Expences of the last Crown point Expedi- 
tion in their petitions respectively mentioned. \_Passed August 27. 



CHAPTER 130. 



Legislative 
Records of the 
Council, xxii., 
90. 

House Jour- 
nal, p. 117. 



VOTE DESIRING THE GOV" TO SEND AMMUNITION TO WEST HOOSUCK. 

Voted That his Excellency be desired to give his Orders to the 
Commissary General to send to the Block house at West Hoosuck 
two barrels of powder with Lead in proportion as soon as may be. 
\^Passed August 27. 

• This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is August 26. 



[2d Sess.] Province Laws {liesolves, etc.). — 1757-58. 61 



CHAPTER 131. 

ORDER ALLOWING THE SELECTMEN OF BOSTON FURTHER TIME FOR 

DRAWING LOTTERIES, ETC. 

A Petition of the Selectmen of the Town of Boston ; praying Legislative 
that they may be indulged with further time for drawing the Lot- coumlif, xxn.^ 
teries granted them by the Government, than that to which they f[.^^l^^l- 
are confined by the Act of this Court, And that they may be allowed ixxxviii-.'ss. 
to lay out a part of the Money which may be raised by said Lotteries Mass. 
in building a Wharf or Wall for the preservation of the pavement ^^xxvm^l 5l 
for the effecting of which the Lotteries aforesaid were originally j^^Tpp'^m'^iig. 

granted. Province 

r-T) J n Laws, iii., 888, 

[Read and] chap. 24; iv., 

Ordered, That the Prayer of this Petition be granted, and that ^g^^^^^Jg^g^ 
the memorialists have liberty to dispose of such Ticketts as are ' 
not yet sold of their Lottery Number three, for the space of three 
months from and after the seventh of sep'' next, and to draw said 
Lottery within that time; Also that said Memorialists be and they 
hereby are allowed such further time for drawing any other Lotteries 
they are impowered to do by the Act passed in Jan''^ 1756. for the 
purposes therein mentioned, as they shall judge necessary and con- 
venient not exceeding two Years in the whole from this Time, any 
thing in the said Act to the Contrary notwithstanding Also 

That y* Memorialists be and they hereby are impowered to lay 
out so much of the monies as already hath been or here after may 
be raised by Lotteries for building a Wall or Wharfe for securing 
the pavement on the Neck as they may think proper, and then 
proceed to finish the remaining part of paving said Neck, accord- 
ing to the Directions of the Act aforesaid. [Passed August 27. 



CHAPTER 132. 

ORDER IMPOWERING BENJAMIN GRIDLEY, ADM^, TO SELL REAL ESTATE, 

A Petition of Benjamin Gridley Administrator of the Estate Legislative 
of Peter King of Boston Mariner deceased setting forth that He coSS xxu.^ 
at the last Sessions of the General Court preferred a petition for ^2;.^^l^^^\i^ 
Sale of said peters Mansion house and Land ; which petition was 557. 
granted by both Houses; but through Mistake was not signed by Mass. 
a Major part of the Council; And praying that the said petition ^^g^'^LegisTv" 
mav be revived and an Order thereon granted for the Sale aforesaid, tive Records of 

v; , T ° the Council, 

Kead and xxi., 516. 

Ordered Th&t the prayer of this Petition be granted, and that ^^''"1,^/2^''" 
the said Benjamin Gridley, x\dministrator of the said Peter King 
be hereby authorised and impowered to sell the Real Estate before 
mentioned of the said Peter King according to the directions of 
the Law in that case made and provided and to execute a sufficient 
deed or deeds thereof. [Passed August 29. 



62 



Province LiAwsi^BesolveSjetc). — 1757-58. [Chaps. 133-136.] 



CHAPTEK 133. 



ORDER DIRECTING THE SELECTMEN OF TOWNS AND DISTRICTS TO 
PROVIDE FOR SOLDIERS SICK OF THE SMALL POX. 



Legislative 
Records of the 
Council, xxii., 
93. Mass. 
Archives, 
Ixxvii., 225. 

House Jour- 
nal, p. 121. 



Ordered, That the Select Men of the several Towns and Districts 
within this Province be directed to provide for and take Care of all 
persons employed by this Government for his Majesty's Service under 
the Command of his Excellency the Earl of Loudoun who are or 
shall be taken sick of the small pox on their return from the Camp 
or Forts near Lake George, at the Charge of the Province. [Passed 
August 29. 



CHAPTER 134. 



ORDER ALLOWING £5.7.8 TO THOMAS HOBBS. 



Legislative 
Records of the 
Council, xxii., 
94. Mass. 
Archives, 
Ixxvii., 198. 

Mass. 
Archives, 
Ixxvii., 198. 
House Jour- 
nal, p. 123. 



A Petition of Thomas Hobbs of Berwick setting forth That 
he was a Soldier in the last Crown point Expedition, and that after 
the Army was disbanded he stayed by order to take care of the Sick, 
and did not get home till the S**" of March, And praying an Allow- 
ance for the time he was in the Service after the Muster Roll was 
made up and for his Expences. 

Read and 

Ordered, That there be allowed and paid out of the public Treas- 
ury to M'' Benj"^ Chadbourn for the use of the Pet' five pounds seven 
shilP & eight pence in full for his services and Expences on y* last 
Crown point Exped" mentioned. [Passed August 30. 



CHAPTER 135. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO SYL- 

VANUS HEMENWAY. 



Legislative 
Records of the 
Council, xxii., 
94. Mass. 
Archives, 
Ixxvii., 200. 

House Jour- 
nal, p. 116. 
Province 
Laws, XV., 695, 
chap. 416. 



A Petition of Sylvanus Hemenway of Framingham, setting forth 
that his Apprentice James Gallot a Soldier in the late Crown point 
Expedition had his Gun stolen on his return home, for which there 
is Four pounds stopped out of his Wages; And praying Relief. 

Read and 

Ordered, That the Treasurer pay to Joseph Buckminster Esq' 
for the use of the Petitioner, four Pounds being the sum deducted 
from the Wages of his Apprentice James Gallot in the last Crown- 
point Expedition on Acc° of his Arms not being return'd. [Passed 
August 30. 



CHAPTER 136. 



ORDER ALLOWING 12/ TO JOHN CARLETON. 

Records'of the ^ PETITION of John Carleton of Bradford a Soldier in the Crown 

Council, xxii., point Expedition in 1755. setting forth that he carried his own Gun 

ArcMves!' i^to the Scrvicc; And praying for the usual Allowance. 

Ixxvii., 224. liead and 



[2d Sess.] Province Laws {Resolves, etc.). — 1757-58. 63 

Ordered, that there be allowed Jind paid out of the public Treas- iiouscJour- 
ury to Cap* Benjamin i\Iilliken for y*' Pet" use, the sum of twelve prllviiicc'^' 
shillings for the use of his Gun on the last Crown-point Expedi- ]:^^^f\P'-''^^~' 
tion. [Passed Avgust SO. 



CHAPTEK 137. 

ORDER ALLOWING 12/ TO WILLIAM TELL. 



A Petition of William Pell a Soldier in the Crown point Expe- Legislative 
dition in 1755. praying an Allowance for the use of his Gun which counclf, xxu!^ 
he carried into the Service with him. 95. Mass. 

-r, 1 ^ Archives, 

Kead and lxxvii., 197. 

Ordered, That there be allowed and paid out of the public Treas- House Jour- 
ury to M' Benjamin Hills for the Petitioner's Use twelve shillings province^^' ^^^' 
for the use of his Gun w'^'^ he carried with him on the last Crown- Laws, xv.,367, 
point Exped". [Passed A^tgmt 30. chap. 97. 



CHAPTER 138. 

ORDER ALLOWING 21/ AND A FURTHER AMOUNT OF 12/ TO JOHN WOOD. 

A Petition of John Wood, Chaplain in Col" Bagley's Regiment Legislative 
in the last Crown point Expedition praying an Allowance for the coumnf, xxii.? 
use of his Gun, which he carried with him, and for the charge of ArcWves^' 
his Subsistence on his return home. ixxvii., ue. 

Read and Mass. 

Ordered, That there be allowed and paid out of the public Treas- j^x^vi'Cuft. 
ury to M' Thomas Perley for y'^ Petitioner's Use, Twenty one shil- ^^TfATs^-'s 
lings for his subsistence on His return from the Army on y® last Province 
Crown-point Expedition & twelve shillings for the Use of his Gun chap! 97.^''^^^' 
Mentioned. [Passed Aiigust 30. 



CHAPTER 139 



ORDER APPOINTING A COMMITTEE ON REPAIRS OF THE PROVINCE 

HOUSE. 

In the House of Representatives; Legislative 

Ordered that M' Speaker and M' Flucker with such as the hon- council! xxu.f 

ourable Board shall appoint be a Committee to take care that the ^ 

Province House be suitably repaired and such Alterations made Rgfordfof the 
therein as they shall iudge necessary so as to render the same fit Council, xxii., 
for the Reception of his Excellency and Family. House Jour- 

In Council; Read and Concurred, and James Bowdoin Esq'" is nai, pp. m, 126. 
joined in the Affair. [Passed August 30. 



64 Province Laws {Resolves^ etc.) . — 1757-58. [Chaps. 140-142.] 



CHAPTER 140. 

ORDER GRANTING STAY OF EXECUTION ON THE PETITION OF SETH 
CRANE TO REVIEW AN ACTION. 

KrdSthe ^ Petition of Seth Crane, setting forth that William Sturtevant 
Council, xxii., on the 29 January last served on the petitioner a Writ to Answer 

^— the said William at the Inferiour Court of Common pleas for the 

nai"p^ iii^ County of plymouth for a supposed Tort on his person and deten- 
tion of his Goods; at which Court the Writ was Abated, and the 
petitioner apprehended he was discharged of said Action ; but so it 
was that the said William appealed to the Superiour Court, where 
the plea of Abatement was overruled; and the cause brought to 
Trial without the petitioners knowledge and a Verdict given against 
him by the Jury for Forty pounds damage, although the Judges of 
the Court were of Opinion that the said William had failed in his 
proof. And as the petitioner being absent could not give bonds for 
a Review of said Action, and is in danger of losing the Money recov- 
ered of him as aforesaid, if he should pay it upon the Execution, 
as the said William's circumstances are precarious, and the peti- 
tioner is like to be thereby deprived of the benefit of a reversal of 
the Judgment aforesaid, which he is in no doubt of obtaining upon 
a review; praying that the Execution may be suspended upon the 
petitioners giving bond to review the Cause at the next Superiour 
Court to be held in the County of Plymouth. 
Eead and 

Ordered That the prayer of this petition be granted, and that on 
the petitioners giving bonds as the Law directs to review the said 
Action at the next Superiour Court of Judicature kc. to be holden 
in and for said County of plymouth, the Execution on the Judg- 
ment mentioned be stayed. \^Passed August SO. 



CHAPTER 141. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 

klford^of the Richard Bill Esq^ Treasurer for the County of Suffolk having 

Council, xxii., laid before the Court his Account for the year, 1756. 

— Read and 

nai?pp.'i3?i24. Ordered That this Account be allowed, and that the ballance 
thereof being Sixty three pounds eleven shillings and three pence 
three farthings the Said Treasurer be further Accountable to the 
said County for. \^Passed Augiist SO. 



CHAPTER 142. 

ORDER IMPOWERING THOMAS GILBERT, JR., ADM^ TO SELL REAL ES- 
TATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

Records^of the ^ PETITION of Thomas Gilbert jun' of Brookfield; Administrator 
Council, xxii., on the Estate of Jonathan Gilbert late of Brookfield deceased, set- 



[2d Sess.] Province Laws (^Jiesolves, etc.). — 1757-58. 05 

ting forth that the deceaseds Debts exceed his personal Estate more 97. Mass. 
than Twenty pounds; Tliat his Real Estate lying in Brookfield and Archives, xix., 
consisting of about Seventy Acres of Land mostly unimproved was ^j^^^^ 
Apprized at two hundred pounds; That the deceased left a Widow Archives, xix., 
and five children under fourteen years of age; and as there is a journal, ^^ 
necessity of Selling part of the Estate for payment of Debts; he province^"" 
apprehends it would be most for the Interest of the concerned to V^^^',).'-' i^^» 
Sell the whole; And praying for leave accordingly. ^ *^' 

Read & 

Ordered, that the prayer of the petition be granted and that the 
Petitioner in his Capacity of Admin"" be & he hereby is impower'd 
to make Sale of said deceas'd's Real Estate mention'd, and to pass 
& execute a good & sufficient deed or deeds in the Law of the same 
to such person or persons, as shall give most for the same, and that 
the Income of one third of the Produce of said Sale be for the Use 
of the Widow during Life, And the remaining part of the other two 
thirds after the debts are paid be put out on Interest for the Use of 
said Minors; and at the death of said Widow the said third be also 
divided amongst said Minors, and that sufficient Caution be given 
to the Judge of Probate for the County of Worcester to secure the 
said one third to said minors accordingly The s'^ Administrator in 
making said Sale in all Respects conforming himself to the Law 
relating to the Sale of Real Estates by Executors & Administrators. 
[Passed Atigust 30. 



CHAPTEE 143. 

ORDER ALLOWING £2.6.4 AND A FURTHER SUM OF £15 TO WILLIAM 

RANGER. 

A Petition of William Ranger a Soldier in the two Expeditions Legislative 
intended against Crown point; praying an Allowance for his half councff xx\i^ 
pay during the intermediate space, and for Subsistence. 97. Mass".' 

Read and ^I^lk 

Ordered, That there be allowed and paid out of the public Treas- House Jour- 
ury to Cap* Jabez Upham for the use of the Petitioner the sum of p^o ^^' f^' ^^'* 
two Pounds six Shillings, and four pence in full for the half pay Laws, xv.,452, 
he was intitled to on his reinlisting into y'' service on y'^ last Crown ^^^^p-^^^. 
point Expedition, And the further sum of fifteen shillings for his 
subsistence on his return from the Army. [Passed Aiigust 30. 



CHAPTEE 144. 

ORDER ANNEXING DAVID HARWOOD WITH HIS ESTATE TO THE TOWN 

OF SUTTON. 

A Petition of David Harwood living on Country Land in the Legislative 
County of Worcester That said Land may be annexed to the Town counc*!? xxu.^ 
of Sutton. 94. 

Read, and it appearing that the petitioner had served the Clerk House Jour, 
of the Town of Sutton with a Copy of this petition, and no Answer ^M<e^?;.\V^"^' 
being given in. Therefore chap'.?. 



66 



Province l^A\fB {Resolves, etc.). — 1757-58. [Chaps. 145, 146.] 



Ordered That the petitioner with his said Farm be annexed to 
the Town of Sutton, there to do duty and receive priviledge as the 
other Inhabitants of the said Town accordingly. \^Passed August 31."^ 



CHAPTER 145 



Legislative 
Records of the 
Council, xxii., 
93. Mass. 
Archives, Ixv., 
390. 

House Jour- 
nal, pp. 1'25, 130. 



ORDER ALLOWING 40/ TO ELEANOR POTTLE. 

A Petition of Eleanor Pottle setting forth that She is lately 
returned in a Flag of Truce from Louisbourg destitute of all the 
necessaries of Life after five months Captivity there And praying 
for some Relief from this Government, that so she may be enabled 
to return to her Husband at Halifax. 

Read and 

Ordered, That there be allowed and paid out of the public Treas- 
ury the sum of forty shillings to the overseers of the poor in Boston 
to be applied for the relief of the Petitioner, and to defrey the Charge 
of her passage to her said Husband at Halifax. {^Passed August 31."^ 



CHAPTER 146. 



Legislative 
Records of the 
Council, xxii., 

98. 

House Jour- 
nal, pp. 1'25, 128, 
131.' Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING NATHANIEL AMES, GUARDIAN, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Nathaniel Ames of Dedham physician Guardian 
to Nathaniel Fisher of Dedham a Minor of 15 years of Age, set- 
ting forth That the said Minor has set ofE to him about thirty 
Acres of Land at a place called Oak hill in said Dedham. That the 
said Minor pursuant to his own Choice and at his Mothers Expence 
has been kept at School to qualify him for an Admission into Har- 
vard College That it is the earnest desire of all his Friends he 
should be sent thither. And praying he may be impowered to sell 
said Land to defrey the Charge of his Education. 

Read and 

Ordered that the prayer of this petition be granted, and that the 
petitioner in his said Capacity of Guardian be and hereby is fully 
impowered to make Sale of the premisses, and to give and execute 
a good and lawful deed or deeds of Conveyance thereof; he attend- 
ing to the Rules by Law prescribed for the Sale of Real Estates by 
Executors and Administrators, and giving sufficient caution to the 
Judge of Probate for the County of Suffolk that the proceeds thereof 
be duly applied so far as is needful for the purposes mentioned in 
the petition; and the remainder (if any such there be) to let out at 
Interest, or otherwise improve to the best advantage of Said Minor, 
and to Account with the Judge of probate for the County of Suffolk 
for his proceedings in the premisses. [Passed August 31. 

1 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is August 30. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is August 29. 



[2i) Sess.] Province Laws {Resolves, etc.). — 1757-58. 67 



CHAPTEK 147. 

VOTE APPOINTING A COMMITTEE TO PROVIDE MATERIALS AND BUILD 
THE NEW BAKllACKS AT GOVERNORS OR CASTLE ISLAND, ETC. 

In the House of Representatives; Legislative 

Voted Tliat M' Speaker M' Flucker and James Russell Esq' with councif, xxii.t 

such as the honourable Board shall appoint be a Committee with '^ 

the leave of his Excellency to provide materials and to employ ^j^^^: ^..^ 
Workmen for building New Barracks or repairing any old Build- 428. Legisia."' 
ings to serve as Barracks at Castle Island or Governors Island, so tiuf com?ciif °* 
that to2:ether with the Barracks already provided on Castle Island xxii., 88, 84, 98. 

1. 1 n 1 Tir 1 1 <v> • , • 1 11, House Jour- 

for seven hundred Men, there may be suincient m the whole to nai, pp. 118,127, 
receive and Accomodate One thousand, exclusive of Officers. And inceLaws^iv.T 
the said Committee are likewise to provide materials and employ ^^0'°^^''' iil-' 

ITT 1 1 IT,. n T> -T T r. /-.rv ,1 , ■ 593, chap. 15/ . 

Workmen to make additional Buildings lor Omcers, so as that m 
the whole there may be Accomodation for the Officers of One Regi- 
ment; And that the Commissary General be directed to provide 
necessary iVrticles usually allowed for Barracks, Viz* Beds, Kettles 
Bowles and Spoons if need be, also half a Cord of Wood ^ Week 
for each Fire place, with a sufficiency of Lamps & Oil for Lights 

In Council; Read and Concurred, and Jacob Wendell and Wil- 
liam Brattle Esq" are joined in the Affair. [^Passed August 31. 



CHAPTER 148. 

ORDER DIRECTING THE PROVINCE TREASURER TO BORROW £15,200. Legislative 

Kecords of the 
Council, xxii., 

Ordered That the province Treasurer be and hereby is directed 99^ 

to borrow as soon as may be the Additional Sum of Fifteen thou- House Jour- 
sand two hundred pounds laid on the present year in the last Tax province ' 
Act, the Vote passed the 16*'' June last notwithstanding. [^Passed chaT's'-^^' 

August 31. note. Ante, 

^ p. 41, chap. 86. 



CHAPTER 149. 

VOTE CONTINUING THE ESTABLISHMENT FOR THE EASTERN AND Legislative 

WESTERN FRONTIERS. Records of the 

Council, xxii., 
99. Mass. 

Voted, That the Establishment made for the defence And protec- ^^vu^^226. 
tion of the Eastern And Western Frontiers be and hereby is length- 



. - . - House Jour- 

ened out till the last day oi October next and no longer saving only nai, pi).i3o,i3i. 
that the Establishment for fifty men at AVest Hoosuck & fifty men La°vg"xv., tot, 
at Fort Massachusetts determine & cease from this time. [Passed '^^te'^^g 

A ugust 31. chap'. 52. 



68 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 150-152.] 



CHAPTEE 150. 



Legislative 
Records of tlie 
Council, xxii., 
100. 

House Jour- 
nal, p. 133. 



RESOLVE REFERRING ALL UNFINISHED MATTERS. 

Resolved That all Matters lying before this Court, which have not 
been or shall not be passed on before the Court rises be referred over, 
and have the same day at the next Sitting. [Passed August 31. 



CHAPTER 151. 



VOTE DIRECTING THE PROVINCE TREASURER TO DEDUCT £5. 0. 8 FROM 
THE WAGES OF CAPT. JOSEPH INGERSOLL AND TO PAY THE SAID 
AMOUNT TO EBENEZER HIDDEN, ADM^ 



Record^of the Whereas on the Petition of Ebenezer Hidden, there was an order 
Council, xxii., passed the General Court the 12'^'' January last, that the sum of Five 
^^' pounds and eight pence should be paid out of the Wages then due 



House Jour- 
nal, p. 126. 
Province 
Laws, XV., 631, 
chap. 254. 



to Capt. Joseph Ingersoll to the said Ebenezer, Administrator of the 
Estate of Jonathan Hidden deceased, which order not being trans- 
mitted to the Treasurer, the said Ingersoll received his full Wages, 
and thereby the said Ebenezer was deprived of the benefit of said 
Order: And inasmuch as there will be due to the said Ingersoll 
Wages for his Services this years Campaign 

Voted That when the Muster Eolls for the present year shall be 
made up the Treasurer be and hereby is directed to stop the afore- 
said Sum of Five pounds and eight pence out of the Wages that 
shall be then due to the said Ingersoll, and that he pay the same 
to the said Ebenezer in his Capacity of Administrator for the pur- 
poses mentioned in said former Order. [Passed August 31. 



CHAPTER 152. 



ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxii., 
100. 

Mass. 
Archives, 
Ixxvi., 457; 
Ixxvii., 199. 



Ordered That there be allowed and paid out of the publick Treas- 
ury to Capt. Henry King for the Use of Daniel Stone Four pounds 
seven shillings and four pence; To John Bradbury Esq"' for the Use 
of Stephen Lovejoy Six pounds fourteen shillings and four pence; 
and to Capt. Nathaniel Smith for the Use of Hannah Eichmond 
Three pounds eight shillings and eight pence in full for the Expences 
&c. in the last Crown point Expedition in their petitions respectively 
mentioned.' [Passed Augtist 31. 

^ Not found in the House Journal. 



[2d Sess.] Province Laws (liesolves, etc.). — 1757-58. 69 



CHAPTER 153. 

ORDER ALLOWING £400 FOR BUILDING BARRACKS. Legislative 

Records of the 

Ordered That there be allowed and paid out of the publick Treas- loo- 
ury iuto the hands of tlie Chairman of the Committee appointed to iiouseJour- 
take care of building and repairing the Barracks &c. at Castle Island provincf^' 
or Governor's Island the sum of Four hundred pounds ; the said Com- Laws, ly., 113, 
mittee to be Accountable. [Passed August SI. p.67",chap. ' 



CHAPTER 154. 

ORDER IMPOWERING PHILLIP DEXTER TO KEEP A FERRY BETWEEN 
FALMOUTH AND MARTHA'S VINEYARD. 

A Petition of Joseph Jenkins and others Pilots from Martha's Legislative 
Vineyard; setting forth that one Phillip Dexter who had been councff xxii^^ 
licensed to keep a Ferry from Falmouth to the Vineyard was on 101. Mass. 
the 10 day of May last deprived of his Licence to the great hurt cxxi., 339. 
of the petitioners who are thereby obliged to travel seven or eight Mass. 
Miles further upon their Return from piloting Vessels; And pray- ^xxi'*^3r' 
ing that the said phillips Licence may be renewed. Legislative 

PoQ^I QTi^ r r J Records of the 

±teaa ana ^ councu.xxii., 

Ordered, That the Prayer of this Petition be so far granted, as jo''urnai*")^p 12 
that the said Philip Dexter be and hereby is Allowed to keep a 13,123,124. 
Ferry for footmen as mentioned therein, provided he conform him- 
self to the Rules already stated for the Regulation of the Ferry 
between Falmouth & Martha's Vineyard, and that the Justices of 
the Court of General Sessions of the peace for the County of Barn- 
stable be directed to grant him a Licence at their Next sessions 
Accordingly. [Passed August 31. 



CHAPTER 155. 

ORDER IMPOWERING CESAR FERRIT, INDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Cesar Ferrit of Natick, Indian planter setting Legislative 
forth, That he hath some time since purchased several parcels of councif xx^n.^ 
Land in said Natick, and more lately a House & Land near the loi. Mass". 
Meeting house. That he hath lately met with Sickness in his Family xxxui!,*^!'. 
and losses by Absconding Debtors and is thereby become unable to uass. ~ 
pay for all the Lands he hath purchased ; And praying liberty to ^xxm^*'!' 
sell some that lay remote from him for this purpose. House Jour- 

Read and Provlrice 

Ordered, That the prayer of this Petition be so far granted as ^^^'^\^''^^^' 
that the petitioner be and hereby is allowed and Impowered (with 
the Advice and Consent of the Guardians of the Natick Indians) 
to Sell fifty Acres of his lands in said Natick, and to Execute a 
good deed of Sale of the Same to the person or persons who will 
give most therefor, Seasonable and publick notice of the time & 
place of Sale being first given, the proceeds thereof to be Applied 



70 



Province Laws (i^esoZves, efc.). — 1757-58. [Chaps. 156, 157.] 



to the discharge of the Just debts of the petitioner mentioned; 
the Remainder (if any there be) to be applied to the best Advan- 
tage of the petitioner, as the Said Guardians Shall direct. [Passed 
August 31. 



CHAPTER 156. 



Legislative 
Records of the 
Council, xxii., 
102. Mass. 
Arcliives, 
Ixxvii., 65. 

Mass. 
Archives, 
Ixxvii., 64. 
House Jour- 
nal, pp. 20, 128. 
Province 
Laws, XV., 452, 
chap. 310. 



ORDER ALLOWING £3. 7 TO JOSIAH PERRY. 

A Petition of Josiah Perry a Soldier in the two Crown point 
Expeditions, praying for an Allowance of Half pay during the 
intervening term, and for the time he was made up short in the 
Muster Eoll, as also for his Expences on his return home. 

Read and 

Ordered^ That there be allowed and paid out of the public Treas- 
ury to M"" Richard Bailey for the use of the Pef the sum of three 
pounds seven shillings in full for the half pay he was intitled to on 
his reinlisting into the service on y^ last Crown point Expedition, 
on Acco* of his Sickness & for his Expences on his return home as 
Mentioned. [Passed August 31. 



CHAPTEE 157. 



ORDER ON THE PETITION OF PATIENCE THOMAS AND OTHERS, INDIANS, 
IN REGARD TO BUILDING A HOUSE. 



Legislative 
Becords of the 
Council, xxii., 
102. Mass. 
Archives, 
xxxiii., 2. 

Mass. 
Archives, 
xxxiii., 1. 
House Jour- 
nal, pp. 121, 130. 
Province 
Laws, xiv.,718, 
chap. 221; xv., 
581, chap. 125. 



A Petition of Patience Thomas & others Indians, proprietors 
of Lands lying at Mattakeset in pembroke in the County of plim- 
outh, praying that their Guardians may be impowered to appro- 
priate so much of the principal, or Annual Interest of the Money 
arisen on the Sale of part of their Lands by leave obtained of the 
General Court in August last, as shall be necessary to build her a 
suitable house for her Comfort in her Advanced Age. 

Read and 

Ordered that the prayer of this Petition be so far Granted as that 
the Guardians of the Indians in said County of Plymouth be & 
hereby are Impowred to take part of the principal of the money 
due to the said Indians viz* a Sum not exceeding Ten Pounds, and 
take care that a Comfortable House suitable for said Indians, be 
built on their Lands as soon as may be, with said Ten pounds 
together with what of the Interest of said Indians Money may be 
spared for that purpose. [Passed August 31. 



[3d Sess.] Province Laws (lieaolves, etc.). — 1757-58. 71 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty Third Day of November, A.D. 

1757- 



CHAPTER 158. 

ORDER ALLOWING £3. 8 TO BENJ* BAILEY. 

A Petition of Benjamin Bayley of Stow an inlisted Soldier for Legislative 
the late Crown point Expedition, setting forth, That by reason of councif, xx^i.^ 
Sickness he was not able to proceed farther than Sheffield: and is i09- Mass. 
not made up in any Muster Roll, and further shewing that as he ixxvi., 329. 
was unable to proceed in the Service, his Gun was by order of Capt. Mass. ~~~ 
Nixon delivered over to another Soldier, and his Gun which was ^^^^^Hi, 
Split left with the petitioner in lieu of it, which Gun he was obliged House' Jour. 
to Sell for his Subsistence, and for which he received two Dollars 101,' 143,' 145. ' 
only; And praying for Relief. 

Read and 

Ordered, That there be allowed and paid out of the public Treas- 
ury to M"" Henry Gardner for the Petitioner's use, the sum of three 
pounds eight Shillings in full of wages due to him on the last Crown- 
point Expedition. [Passed November 26. 



CHAPTEE 159. 

VOTE ESTABLISHING WAGES ON SLOOP MASSACHUSETTS. 

Voted, That the following Establishment be made for the Sloop Legislative 
Massachusetts Thomas Sanders Master, employed in the service of councif xxu.*' 
this Government, Viz* no. m;iss. ' 

For the Sloop two ShilP & eight pence ^ Ton, ^ Month 402? " ' "^^ ' 

For the Captain, two pounds thirteen Shill* & four pence, D" Mass. 
For the Mate, two pounds six ShilP & eight pence D° ^i*''"Hou8e''" 

For four Sailors, each one pound six ShilP & 8^ D° joumai, 

to be accounted from the Date of the last pay-Roll and to continue province^' 
till the further order of this Court. \ Passed November 26. Laws, in., 106.5, 

t- note; xv., 5(4, 

chap. 110. 



72 



Province \jxwb {Resolves, etc.). — 1757-58. [Chaps. 160-162.] 



CHAPTEE 160. 



Legislative 
Records of the 
Council, xxii., 
110. 

House Jour- 
nal, pp. 13, 143, 
144. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH 

COUNTY. 

The Account of Edward Winslow Esq"" Treasurer of the County 
of Plymouth, ballance three pounds four shillings and one penny 
half penny in favour of said Treasurer, having been laid before 
this Court. 

Eead and 

Ordered That this Account be allowed. \^Passed November 26. 



Legislative 
Records of tlie 
Council, xxii., 
110. 

House Jour- 
nal, pp. 141, 145, 
146. Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 161. 

ORDER IMPOWERING GEORGE LITTLE, EXECUTOR, TO SELL AN ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of George Little, Executor of the last Will of his 
Father Isaac Little late of Plympton deceased, setting forth, That 
said Estate is represented Insolvent, that he being at Sea when the 
Superiour Court sat at Plymouth was prevented petitioning said 
Court for the Sale of the deceaseds Real Estate for the benefit of 
the Creditors ; And praying leave therefor from this Court. 

Eead and 

Ordered That the prayer of this petition be so far granted as that 
the petitioner in his said Capacity of Executor, be and hereby is 
impowered to make Sale of the premisses in said petition mentioned 
for the most the same will fetch, and to make and execute a good 
and sufficient deed or deeds to the person or persons purchasing the 
same, he giving seasonable Notice of the Sale thereof agreeable to 
the Law respecting the Sale of Eeal Estates by Executors & Ad- 
ministrators And that with the produce arising by said Sale, he 
pay the just Debts of the said deceased, so far as it will extend. 
And the Overplus (If any there be) he to Account with the Judge 
of Probate for the County of Plymouth therefor agreeable to Law. 
l^Passed November 26. 



Legislative 
Records of the 
Council, xxii., 
111. Mass. 
Archives, xix., 
629. 

Mass. 

Archives, xix., 
628. House 
Journal, p. 148. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 162. 

ORDER IMPOWERING MARTHA STEVENS, ADM-^, TO SELL AN ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of John Stevens and Martha his Wife, setting forth. 
That She as Administratrix on the Estate of her late Husband M"" 
Ebenezer Holmes deceased had obtained leave of the Superiour Court 
to Sell the said deceaseds Eeal Estate for paying his Debts ; but being 
since under Covert; and her present Husband the said John being 
bound to Sea praying that She the said Martha alone in the absence 
of her said Husband may be impowered to execute the necessary 
deeds for that purpose ; 

Eead and 

Ordered that the said Martha be and She is hereby impowered 
in the absence of the said John to sell and convey the Estate afore- 



[3d Sess.J Province Laws {liesolves, etc.). — 1757-58. 73 

said, and in her own name as Administratrix to her late Husband 
M'' Ebenezer Holmes deceased to execute a deed or deeds for that 
purpose, She posting up Notifications thirty days before the Sale 
thereof and to account for the proceeds with the Judge of Probate 
for the County of Suffolk as the Law directs. [Passed November 26. 



CHAPTEK 163. 

VOTE WITH STAY OF EXECUTION ON THE PETITION OF JOHN RUS- 
SELL, ESQ", IN REGARD TO ACTIONS. 

A Petition of John Russell Esq"" setting forth. That in Decem- Legislative 
ber, 1755. He moved to Boston, and apprehending himself thereby councif xxiu^ 
qualified for the purpose, did on the 19"' of February following 9i, 112. ' 
or thereabouts bring Writs against John Gorham Esq'' SheriS and House Jour- 
John Hallet Deputy Sheriff of the County of Barnstable for Male uilW^^'^^'^^' 
Administration in their Office to be heard and tried at Boston in 
the County of Suffolk, That in both Cases there was an Appeal to 
the Superiour Court where both Writs Were Abated and Costs given 
against the petitioner, he being necessarily absent wlien the Trials 
came on, and expecting that the Actions would have been continued 
for that reason ; Therefore praying for Relief. 

Whereas an Order passed the two Houses in August last, appoint- 
ing a Committee to take under Consideration a Petition of John 
Russell Esq'' then lying before the Court and report thereon, but 
no clause was inserted in said Order for staying Execution on the 
Actions in his petition mentioned, for want whereof the person of 
the said John is exposed whilst attending the Court or their Com- 
mittees on the Subject of his said petition; Therefore 

Voted that Execution be and hereby is stayed on the several 
Actions in his said petition mentioned during the time the same 
shall be depending before this Court, this present Sitting. [Passed 
November 28. 



CHAPTER 164. 

ORDER ALLOWING £7. 13. 4 TO DANIEL GIDDINGS, JUN. 

A Petition of Daniel Giddings jun'^ of Ipswich, setting forth ReforJfg^Jf the 
That in September, 1755. He inlisted in his Majesty's Service for Council, xxii., 
the Crown point Expedition, and remained at Fort William Henry ArcMv^sT 
during the Winter, but that through some Mistake in making up ixxvi., 428. 
the Muster Roll he is cut off from about four Months Wages ; And Mass. 

T. T J? o 7 Archives, 

praying Keliei. ixxvi., 428. 

Read and ?atppXvi. 

Ordered, That the Prayer of the Petition be granted; And that in,i43. 
there be allowed and paid out of the public Treasury to the Peti- 
tioner, the sum of Seven pounds thirteen Shillings and four pence 
being Serjeant's Wages for the four months mentioned, He not 
being allowed therefor in the Muster Rolls of the Company he 
belonged to, notwithstanding. [Passed November 29. 



74 



Province Laws (i?esoZ2;es,ete.). — 1757-58. [Chaps. 165,166.] 



Legislative 
Records of the 
Council, xxii., 
113. Mass. 
Archives, 
lxxvii.,246. 

House Jour- 
nal, p. 147. 
Province 
Laws, XV., 695, 
chap. 416. 



CHAPTEE 165. 

ORDER ALLOWING 32/ AND A FURTHER AMOUNT OF £4 TO JOHN 

MARTIN. 

A Petition of John Martyn of Holliston in the province of New 
Hampshire, setting forth, that he was in the Service of this prov- 
ince in the year. 175(5, and after the Army was dismissed was left 
at Fort William Henry to take care of the Sick, and by means 
thereof while attending that duty lost his Gun, which was then 
stolen from him, and on Account of which there hath been Four 
pounds deducted from his Wages; And praying an Allowance for 
the time he spent as aforesaid and of the Money stopped on Account 
of his Gun. 

Eead and 

Ordered^ that there be allowed and paid out of the public Treas- 
ury to William Lawrence Esq"' for the use of the Petitioner the sum 
of thirty two Shillings in full for his services after the Dismission 
of the Army on the last Crown-point Expedition; And Also that 
the Treasurer be directed to pay the four pounds deducted from 
the Petitioners Wages on acc° of his arms not being returned. 
\^Pa8sed November 29. 



CHAPTER 166. 



ORDER OF NOTICE ON THE PETITION OF JOSEPH DAVIS AND OTHERS 
OF HOLDEN TO LAY A TAX ON UNIMPROVED LANDS OF NON RESI- 
DENTS. 



Legislative 
Records of the 
Council, xxii., 
114. Mass. 
Archives, xiv., 
48. 

Mass. 

Archives, xiv., 
47. House 
Journal, p. 157. 



A Petition of Joseiah Davis Minister, John Hubbard and Joseph 
Hubbard, a Committee of the Town of Holden in the County of 
Worcester, setting forth. That there are but about fifty five Families 
in said town, and their members not much increased since the year 
1750, That the Petitioner Davis's Salary is but Forty five pounds 
•g? Annum, which small as it is, is as much as the Inhabitants at 
present are able to pay; That about one third part of the Town 
(the whole containing 23,000 Acres) is owned by Kon-residents, 
That for fourteen years past the proprietors have paid but six 
pence ^ Acre old tenor towards Support of the Minister, and the 
Sum of a hundred pounds like Money which is vastly short of 
what has been paid in any New Settlement, and that the Lands 
are greatly increased in their Value, since the Settlement of the 
Gospel there. And praying that the unimproved Lands of the Non 
Resident proprietors may be Subjected to a Tax of Three farthings 
^ Acre for the term of Six years for the Support of the present 
Minister, or that they may be otherwise relieved. 

Eead and 

Ordered, That the Petitioners notify the non-resident Proprietors, 
of this Petition, by inserting the substance thereof in one of the 
Public prints for three Weeks successively, that they Shew Cause 
(if any they have) on the second Wednesday of the next Sitting of 
this Court, why the prayer thereof should not be granted. \^Passed 
November SO. 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 75 



CHAPTER 107. 

ORDER IMPOWERING SARAH ROBINSON, ADM'^, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Robinson Administratrix on the Estate of ^^^'®^?**^ftv 
her hite Husband Ichabod Robins late of Mendon deceased, setting council, xxii., 

116. 



forth that the Deceaseds Debts amount to Twenty four pounds or 
upwards more than the assets in her hands; That he died seized of na°"p*; ^.fy"'"" 
One hundred and forty seven Acres of Land in Mendon apprized Province 
at £406.13.4. That it would hurt the Farm to Sell off a part, But chapao.'' " ' 
that since the death of her said Husband a Tract of Land in Said 
Mendon containing about thirty two Acres of the Value of about 
£2G has come to the deceaseds Children by two of their Aunts, 
the Sale of which will raise Money sufficient to pay the Debts; and 
praying leave to Sell the same, that so the larger Tract may be pre- 
served intire. 

Read and 

Ordered That the prayer of the petition be granted, and that the 
petitioner be and is hereby impowered to make Sale of the thirty 
two Acres of Land within mentioned, first making due publication 
of the time and place of Sale, for the most the same will fetch and 
to execute a good deed or deeds in the Law for conveying the same, 
and out of the produce or Money arising by said Sale to pay the 
Just debts of the deceased; She first giving bond to Account with 
the Judge of Probate for the County of Worcester, and pay the 
Surpluss if any there be to the Heirs of the deceased. \^Passed 
November 30. 



CHAPTER 168. 

ORDER IMPOWERING DANIEL ALBERT, GUARDIAN, TO JOIN WITH 
OTHERS IN SALE OF LANDS AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

A Petition" of Daniel Albert jun"^ and Abigail Albert for them- Legislative 
selves and Daniel Albert, natural Guardian to his Children Fred- ^unc'if xx\i.^ 
erick and peninah Albert, setting forth that Henry Houghton of ii6- 
Bolton did by his deed of lo^^ March, 1755. give unto the said House Jour- 
Daniel Albert jun"" Abigail, Frederick and peninah Albert his Grand i»ai,pp.i58,i59. 
Children sundry Tracts of Land, Viz*- One peice of Eighty Acres 
and One of thirty Acres lying in Leominster, and One peice of Fif- 
teen Acres and one of thirteen Acres lying in Lancaster, as also Four 
Acres of Meadow ; That by said deed they hold the forementioned 
Lands as joint Tenants; that two of them are Minors, and cant 
either Sell or divide. And praying that their Guardian may be im- 
powered to join in the Sale of said Lands with the other petitioners. 

Read and 

Ordered that the prayer of the within petition be granted, and 
that the petitioner Daniel Albert natural Guardian to his two Minor 
Children be impowered to join with the Other Petitioners in the 
Sale of the Lands within mentioned. One half of the produce to 
be equally divided between the said Daniel Albert jun'' and Abigail 
Albert, and the other half be and belong to said Minors in equal 
parts: and be put on Interest for their IJse, and be paid to them 
on their arriving to the Age of twenty one years or time of Mar- 



76 



Province Laws (liesolves, etc.). — 1757-58. [Chaps. 169, 170.] 



riage; And if either of said Minors shonld die before the Age of 21 
years or day of Marriage, such Childs part be equally divided among 
the Survivors; the said Daniel the Father giving bond to the Judge 
of probate for the County of Worcester to be Accountable for said 
Minors Interest arising by said Sale. [Passed November SO. 



CHAPTER 169. 



ORDER IMPOWERING RICH" HALL & EBEN'' MOSELY, GUARDIANS, TO 
SELL MINORS INTEREST IN REAL ESTATE AND MAKING PROVISION 
IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 
115. Mass. 
Archives, xix., 
627. 

Mass. 

Archives, xix., 
626. House 
Journal, p. 162. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Richard Hall and Ebenezer Mosely both of Dor- 
chester Guardians to John Searl and Salter Seaii Minors and Grand 
Children of Ebenezer Mosely late of Dorchester deceased, setting 
forth, That the said Ebenezer devised to his daughter Sarah Mother 
of said Minors One half of a Farm in Stoughton containing in the 
whole One hundred and fifty Acres; That the said Sarah had at the 
time of her Decease five Children three of whom being of Age have 
Sold their shares in said Estate, that they the said Guardians appre- 
hend it will be for the Minors Interest to have their Shares likewise 
Sold; And praying that they may be impowered to Sell the same 
accordingly. 

Eead and 

Ordered that the Prayer of this Petition be so far granted as that 
the Petitioners in their said Capacity be and they hereby are author- 
ized and impowered to sell the Minors Interest in the Farm within 
mentioned to such Person or Persons as will give most for the same, 
and to execute a good and sutficient Deed or Deeds in Law there- 
for. They giving Bond to the Judge of Probate for the County of 
Suffolk to pay to the said Minors their respective Shares of the neat 
produce with lawful Interest on their arriving to the Age of twenty 
one Years. [Passed December 1.^ 



Legislative 
Records of the 
Council, xxii., 
117. 

House Jour- 
nal, p. 152. 



CHAPTER 170. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY THOMAS FOSTER 
£2.3.7 AND BENJAMIN AKEN 16/ IN EXCHANGE FOR OLD TENOR PROV- 
INCE BILLS. 

Ordered That the province Treasurer be and hereby is directed 
to pay to Thomas Foster Esq' Two pounds three shillings and seven 
pence for Sixteen pounds seven shillings old tenor in bills of Credit 
on this province in his possession, and to M' Benjamin Aken Sixteen 
shillings for Six pounds of the same tenor Bills in his possession, 
they delivering to tlie said Treasurer the respective Sums mentioned 
in Old tenor province Bills or in other Bills of this province equiv- 
alent. [Passed Decemljer 1. 

' This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is November 30. 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 77 



CHAPTER 171. 

ORDER ALLOWING £20 TO THE SELECTMEN OF PROVINCE TOWN. 

A Petition of John Conant and others Selectmen of Province Legislative 
Town; praying for Help from the Court to enable them to support coundf xlif^ 
the Gospel in said Town. i'Li^t," iv.' 

Read and sl 

Ordered, That there be allowed and paid out of the public Treas- House Jour- 
ury to the Select Men of said Town or their Agent, the sum of nai, pp- i54, i58. 
twenty Pounds for the use of the Inhabitants of said Town, to 
enable them to support the preaching the Gospell among them 
the year ensuing. \^Passed December 1. 



CHAPTER 172. 

ORDER IMPOWERING PATIENCE BROWN, ADM^, TO SELL A PORTION OF 
AN ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Patience Brown of Brookfield in the County of ^Ifordfof tij^ 
Worcester Widow of Zachary Brown late of Brookfield deceased, council, xxii., 

setting forth, That She had obtained leave of the Superiour Court — 

to make Sale of Thirty pounds Worth of Land to be taken off from ^aTp^ibi!''' 
the South east part of the deceaseds Farm for payment of his Debts, 
That She has attempted to make Sale of the same, but as that part 
of the Farm lyes at a distance from any Road, She has not been able 
to effect it ; And praying She may be enabled to make Sale of Thirty 
pounds Worth of Land from off the Easterly or North easterly part 
of said Farm which lyes upon the Country Road in order to pay the 
deceaseds Debts as aforesaid. 

Read and 

Ordered that the prayer of this petition be granted, and the peti- 
tioner is hereby impowered in her Capacity as Administratrix to make 
Sale of Thirty pounds Worth of the Real Estate of the deceased at 
the place mentioned. She first giving proper publick Notice of the 
time and place of Sale; and to execute a good deed or deeds in the 
Law for conveying the same, and giving bond to the Judge of pro- 
bates for the County of Worcester, that the money arising by said 
Sale be applied for the payment of the just debts of the deceased, 
and the Overplus, if any there be, to be divided among the Heirs 
of the deceased according to Law. \^Passed Decetnber 1. 



CHAPTER 173. 

ORDER IMPOWERING NATHANIEL WALES, GUARDIAN, TO SELL MINORS 

INTEREST IN AN ESTATE. 

Whereas at a Session of the General Court in January last upon Legislative 
the Petition of Nathaniel Wales, Guardian of Ann Fitch and prudence counS xxn.? 
(but by a mistake in said Petition called Ruth) Fitch, Minors; the "a- 



78 



Province 1jAW& {Resolves, etc.) . — 1757-58. [Chaps. 174, 175.] 



House Jour- said Nathaniel was impowered to make Sale of Said Minors Interest 
ProVmce^' in a peice or parcel of Land with Buildings thereon situate in Sum- 

^hT%78 ■' ^'^' "^^"^ Street Boston ; 

Ordered That the said Nathaniel be and hereby is enabled and 
impowered as fully to all intents and purposes to make Sale of the 
Land and Buildings aforesaid, as if the name of said prudence had 
been aright inserted, and the mistake aforesaid had not happened. 
\^Passed Decemher 1. 



Legislative 
Records of the 
Council, xxii., 
120. Mass. 
Archives, 
xxiii., 508. 

Mass. 
Archives, 
xxiii., .507. 
House Jour- 
nal, pp. 156, WS. 
Province 
Laws, iv., 97, 
note. 



CHAPTER 174. 

ORDER ON THE PETITION OF SHERBURN & NATICK IN REGARD TO 

FRENCH FROM NOVA SCOTIA. 

A Petition of the Selectmen of Sherburn and of the Committee 
of the Parish of Natick; praying that Nineteen of the French In- 
habitants of Nova Scotia which have been sent to those places may 
be removed to some other Town, inasmuch as they are unable to find 
them Employment where they now are. 

Read and 

Ordered^ That the Prayer of this Petition be so far granted, as 
that one family of the said French Inhabit*^ of Nova Scotia men- 
tioned be sent to the Town of Southborough, and the select Men 
of s'^ Town are hereby directed to take Care of them accordingly; 
Viz^ the Widow Margaret Girdo and her family being eight in num- 
ber; And that the others Remain under the Care of the Select Men 
of the Town of Sherburn & the Committee of the precinct of Natick. 
{^Passed Decemlier 2. 



CHAPTER 175. 



V6TE ESTABLISHING THE WAGES AT CASTLE WILLIAM. 



Legislative 
Records of the 
Council, xxii., 
1-20. 

House Jour- 
nal, pp. 152, 167, 
168. Province 
Laws, xiv.,271, 
chap. 23. 



Voted That there be allowed Fifty Men Officers included for the 
defence of his Majesty's Castle William, and that the following 
Establishment be made of their Wages ; Viz*^ 

A Captain £56. 3. 10 F Annum 

One Lieutenant 28. 11. 5 

Chaplain ......... 33. 6. 8 

Gunner ......... 33. 6. 8 

Second Gunner 33. 6. 8 

Armourer 1. 13. 4 ^ month 

Quarter Gunner 1. 13. 4 

Two Sergeants, each . . . . . . . 1. 5. 

Four Corporals, each 1.2. 

Two Drummers, each . . . . . . 1.2. 

Private Centinels, each 18. 8 



And that said number of Fifty Men inclusive of Officers be con- 
tinued at said Castle until the first day of June next. 

And Whereas the former Establishment has been for some time 
expired, 

Voted That any Muster Roll that shall now be before the Gov- 
ernor and Council, or that shall be laid before them for pay for 
past Services of Officers and Soldiers at said Castle William, be 
made up and paid off agreeable to this Establishment, allowing pay 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 79 

for any number of Soldiers that have been by the Order of the Gov- 
ernment at any time Heretofore raised exceeding the abovesaid num- 
ber of Fifty. \_Passed December 2. 



CHAPTER 17G. 

ORDER TRANSFERRING £4. 8. 2 FROM THE PROVINCE TAX OF THE DIS- 
TRICT OF SOUTHAMPTON TO THE PROVINCE TAX OF THE TOWN OF 
NORTHAMPTON. 

Whereas it appears to this Court that there was a Mistake made Legislative 
in the present Year's Tax Act of Four pounds eight shillings and counctf, xx*iL? 

two pence too much laid on the District of Southampton in proper- ^^ 

tioning the Kepresentatives pay for the preceeding year on the said House Jour- 
District and the Town of Northampton; Therefore ProVmce ' 

Ordered That the abovesaid Sum of Four pounds eight shillings po^®'^^"'^*' 
and two pence be taken off from the District of Southampton and 
laid on the Town of Northampton in their present Year's Tax. 
[^Passed December 2. 



CHAPTER 177. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ABNER CLOUGH & OTHERS FOR A REHEARING OF ACTIONS. 

A Petition of Abner Clough of Salisbury, Jonathan Elliot of R®^'^!j*'Tth 
Eppiug, and Samuel Clough 3*^ and Aaron Clough Jun'' of Salis- Council, xxii., 

bury setting forth, that Moses Hoit jun"" of Salisbury at the Supe- ^i^ 

riour Court held at Ipswich in June last recovered Judgment against nai"pp;^i64^i65. 

the petitioners for Thirty five pounds damages & Costs in an Action 

of Trespass; That the said Moses likewise recovered Judgment at 

the Superiour Court held at Salem in October last against the said 

Abner, One of the petitioners for Eight pounds nine shillings & 

Costs; That in the former Action divers of the petitioners Witnesses 

were at Sea, and in the other the Case was mistaken; And praying 

for Relief. 

Read and 

Ordered That the petitioners serve the Adverse party Moses Hoit 
with an attested Copy of this petition, that he shew cause (if any 
he have) on Friday the IB"* of December current, if the Court be 
then Sitting, if not, on the second Friday of the next Sitting, why 
the prayer thereof should not be granted, and that Execution on 
the Judgments mentioned be stayed in the mean time, they giv- 
ing sufficient Security to respond what shall be finally recovered on 
each of the Actions therein mentioned, together with lawful Inter- 
est thereon from this time.' \_Passed December 2. 

' At the hearing December 16, 1757, this petition was dismissed. — Legislative Records 
of the Council, xxii., 148; House Journal, p. 210. 



80 



Province Laws (i?eso??;es,efc.). — 1757-58. [Chaps. 178,179.] 



CHAPTBE 178. 



ORDER IMPOWERING JONATHAN JOHNSON, ADM^ TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 
V22. 

House Jour- 
nal, pp. 160, 161, 
168. 



A Petition of Jonathan Johnson Administrator of the Estate 
of Andrew Johnson late of Andover deceased, Also the petition of 
Hannah Johnson Widow of the said deceased, setting forth That 
the said deceaseds personal Estate is insufficient to pay his Debts, 
and that the Sale of so much Land as would be necessary to pay 
the Debts would greatly prejudice if not spoil the whole; And pray- 
ing that he the said Administrator may be enabled to make Sale of 
all the Buildings and Lands of the said Andrew Johnson to pay the 
Debts, and for the benefit of the Widow and Heirs. 

Eead and 

Ordered That the prayer of the petition be granted, and that the 
petitioner Jonathan in his said Capacity be and hereby is impowered 
to make Sale of the Buildings and all the Lands that the said Andrew 
Johnson died seized of for the most the same will fetch (he first mak- 
ing due publication of the time and place of such Sale) and to make 
and execute a good deed or deeds in the Law for conveying the same, 
and the Interest of One third part of the money arising by said Sale 
to be applied for the Use of the Widow of the said deceased during 
her natural life in lieu of her thirds in said Real Estate; the said 
Jonathan giving good and sufficient Security to the Judge of pro- 
bate for the County of Essex that the Residue of said monies after 
the just Debts of the said deceased are duly paid and discharged as 
also the said Widows part after her decease be divided to and among 
the Heirs of the Deceased according to Law. [Passed December 3. 



CHAPTEE 179. 



ORDER WITH STAY OF EXECUTION ON THE PETITION OF SETH CRANE 

IN REGARD TO BONDS. 



Legislative 
Records of the 
Council, xxii., 
123. 

House Jour- 
nal, p. 168. 
Ante, p. 64, 
chap. 140. 



Whereas it has been represented to this Court that the Order 
passed the 27'*' of August last on the petition of Seth Crane cannot 
be complied with, inasmuch. as the Bondsmen required by Law must 
be approved of by the Superiour Court; Therefore 

Ordered That on the petitioners giving bonds in the Clerk of the 
Superiour Courts Office with James Russell and Samuel White Esq" 
as his Sureties to review the said Action in said petition mentioned 
at the next Superiour Court of Judicature &c. to be holden at Plym- 
outh for said County of Plymouth the Execution mentioned in said 
petition be stayed. [Passed Deceynher 3. 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 81 



CHAPTER 180. 

ORDER ALLOWING £3 TO ISAAC WOODS. 

A Petition of William Lawrence Esq'' in behalf of Isaac Woods Legislative 
of Groton; setting forth that Jonas Wood deceased 8on of the said councif xxi?^ 
Isaac was a Soldier in both the Crown point Expeditions and was i-3. Muss. 
thereby intituled to Half pay during the intermediate space, but ixx^v/i!r28i. 
was omitted being made up therefor in the KoU of the Company House .Jour- 
he belonged to ; And praying for Eelief . Provinc'^' 

Read and Laws, xv., 452, 

Ordered That there be allowed and paid out of the public Treas- *''*"^J^- ■'^^''• 
ury to W'" Lawrence Esq'' for y*" Use of Isaac Woods the sum of three 
pounds being the half pay he was intitled to on his reinlisting into 
y® service on y® last Crown-point Expedition. [Passed December 3.' 



CHAPTER 181. 



ORDER ALLOWING £2. 6. 8 TO JON^ FROST. 



A Petition of Jonathan Frost of Brimfield a Soldier in both the Legislative 
Crown point Expeditions; praying for the Half pay he was intitled coun^cf f, xxIL* 
to during the intermediate Space. 123. Mass. 

T5 J J Archives, 

Kead and ixxvii.,95. 

Ordered, That there be allowed & paid out of y® public Treas- House Jour- 
ury to M'' Sam' King for y'' Petif^ use, the sum of two pounds six p'^ljl^^ce^^* ^^^* 
shillings and eight pence being the half pay he was intitled to On Laws, xv., 452, 
his reinlisting into the service on the last Crown-point Expedition. '^^^^' ^^^' 
[Passed December 3. 



CHAPTER 182. 

ORDER ALLOWING £3 TO ELIZ^ SPRAGUE. 



A Petition of Daniel Howard Esq"" in behalf of Elizabeth Sprague Legislative 
of Abington; praying for the Half pay that her late Husband was counc'if, xiii!? 
intitled to on his reinlisting in the late Crown point Expedition, 124. Mass. 

Read and ^^:iho. 

Ordered, That there be allowed and paid out of y'' public Treas- House Jour. 
ury to Daniel Howard Esq'' for y*^ Use of the Heirs of Joshua Sprague pr^Jv^nJf • 
deceased, three pounds being the half pay the said Joshua was enti- Laws, xv., 452, 
tied to on his reinlisting into the service on the last Crown-point ^'^'^v-^^'^- 
Expedition. [Passed December 3. 

• The date according to Mass. Archives is December 30, evidently a mistake, as the 
Legislative Records of the Council gives the date December 3, and the warrant was issued 
December 21. 



82 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 183, 184.] 



CHAPTEE 183. 



ORDER IMPOWERING WILLIAM ALLEN, EXECUTOR, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 
124. 

House Jour- 
nal, p. 174. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of William Allen Executor of the last Will and Tes- 
tament of his late Father William Allen of Grafton deceased, setting 
forth, That the Debts, Funeral Charges and Legacies of the deceased 
amount to upwards of Ninety eight pounds, that the whole Estate, 
except a few things particularly given away was apprized at One hun- 
dred thirty seven pounds eighteen shillings, of which the personal 
Estate is but £24.11.8. And praying he may have leave to make Sale 
of the Real Estate to discharge the Debts and Legacies, he to be 
Accountable for the Residue. 

Read and 

Ordered That the prayer of this petition be granted, and that 
the petitioner be and he is hereby impowered to make Sale of the 
Real Estate of the deceased, for the most the same will fetch, first 
giving due and seasonable publication of the time and place of Sale^ 
and giving Sufficient Bond to the Judge of Probates for the County 
of Worcester to Account for the Money arising by such Sale, and 
that after the Debts and Legacies are j)aid the Residue be divided 
agreeable to said Will. \_Passed December 6.' 



CHAPTER 184. 



ORDER granting TO BENJ* BIGLO LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, xxii., 
126. Mass. 
Archives, cxi., 
405. 

Mass. 

Archives, cxi., 
403. House 
Journal, 
pp. 175, 176. 



A Petition of Benjamin Biglo of Cambridge, setting forth, That 
he has hired the House in Cambridge where Abiel Richardson lately 
kept Tavern, and has obtained the Approbation of the Selectmen 
And praying that the Justices of the Court of General Sessions of 
the peace for the County of Middlesex may be Authorized and im- 
powered at their next Sitting to grant him a Licence to keep a Tavern 
in said House. 

Read and 

Ordered^ That the Prayer of the Petition be granted ; And that 
the Justices of the Court of General Sessions of the peace for the 
County of Middlesex, be & hereby are impowered to grant y*^ Peti- 
tioner a licence at their next term (if they see Cause) to keep an 
house of public Entertainment in the Town of Cambridge, the 
Time for granting Licences being elapsed notwithstanding. '[Passed 
December 6. 



^ This date is according to the House Journal ; according to Legislative Records of the 
Council the date is December 5. 



[3d Sess.] Province Laws [Besolues, etc.). — 1757-58. 83 



CHAPTER 185. 

ORDER IMPOWERING JON^ RUSSELL, GUARDIAN, TO SELL LANDS, AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jonathan Russell of Sunderland, Guardian to Legislative 
Hannah Hovey of Sunderland a person Non Compos, setting forth courwif, xxiht 

That the Debts already Contracted for her Support cannot be dis- ^ '_ 

charged unless some part of her Real Estate be sold ; And praying House Jour- 
he may be enabled to Sell a part thereof accordingly for that pur- 173,' 175'. ' ^' 
pose and for her future Support. 

Read and 

Ordered That the prayer of the petition be granted, and that the 
petitioner in his said Capacity as Guardian, be and hereby is impow- 
ered to make Sale of the Lands mentioned, for the most the same 
will fetch, and to give a good and sufficient deed or deeds of Sale 
in the Law for the same, provided he give sufficient caution to the 
Judge of probate for the County of Hampshire to be Accountable 
for the produce thereof, and that after the just Debts are paid, he 
will apply the remainder (if any be) for the Use of the Widow to 
whom he is Guardian, while She remains Non Compos, and if she 
should be restored to the Use of her reason again, will return what 
shall remain in his hands unto her, or to her lawful Heirs in case 
of her Decease together with the lawful Interest thereof. [Passed 
December 6. 



CHAPTER 186. 

ORDER IMPOWERING WILLIAM GREGORY TO REVIEW AN ACTION. 

A Petition of William Gregory [ante, p. 45, chap. 93] praying LeieriBiative 
he may be enabled to review an Action he had Commenced against councif, xxiilf 
Joshua Prebble and Abraham Prebble in April, 1756. ^ 

Read and it appearing that the Adverse party Joshua Prebble and House Jour. 
Abraham Prebble had been duly served with a Copy of this Petition, AntF,'\>.'d, 
to which they have made no Answer. '^^^^^ ^^• 

Ordered That the Petitioner William Gregory be and he hereby 
is enabled to review his said Action at the Superiour Court for 
the County of Suffolk in February next; And the said Court is 
hereby authorized and impowered to take cognizance thereof, and 
to hear and determine the same according to what is right, and to 
enter up Judgment and award Execution accordingly, the Judg- 
ments and proceedings aforesaid notwithstanding. [Passed Decem- 
ber 7.' 

' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is December 6. 



84 



Province IjAws {Hesolves, etc.) . — 1757-58. [Chaps. 187-189.] 



CHAPTEK 187. 



ORDER ALLOWING CAPT. JOSEPH WOODMAN TO MAKE UP HIS MUSTER 

ROLL. 



Legislative 
Records of the 
Council, xxii., 
1-28. 

House Jour- 
nal, pp. 174, 177. 



A Petition of Capt. Joseph Woodman of the County of York 
setting forth, That he with his Company continued in the service 
of the Government fourteen days after the expiration of the Estab- 
lishment, he not knowing the same, nor receiving any Orders to 
dismiss his Company, And praying that he may be allowed to make 
up his Roll for said fourteen days accordingly. 

Read and 

Ordered That the Petitioner be and hereby is allowed to make up 
his Roll for the fourteen days mentioned. [Passed December 7. 



Legislative 
Records of the 
Council, xxii., 
129. 

House Jour- 
nal, pp. 13, 143, 
181, 182. 



CHAPTER 188. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL 

COUNTY. 

The Account of Robert Luscombe Treasurer of the County of 
Bristol being laid before the Court for their Approbation. 

Read and 

Ordered, That this Account be allowed, and that the ballance 
thereof being Sixty seven pounds eight shillings and ten pence the 
said Treasurer be further accountable to said County for. [Passed 
December 8. 



CHAPTER 189. 



Legislative 
Records of the 
Council, xxii., 
129. Mass. 
Archives, 
Ixxxvii., 339. 

House Jour- 
nal, pp. 143, 181. 



ORDER ALLOWING £50 TO THE SELECTMEN OF PEPPERELL. 

A Petition of Josiah Fisk and others, Selectmen of the District 
of Pepperrell in the County of Middlesex, setting forth, their great 
distresses by reason of Sickness with which upwards of Four Hun- 
dred persons out of Eighty eight Families in said District have been 
visited in the course of Sixteen Months past ; fifty five of which per- 
sons have died, thirty of whom were heads of families, and eight 
Families wholly broke up; and praying that their province Tax 
may be remitted, or that they be otherwise relieved. 

Read and 

Ordered, That in Consideration of the great sufferings of the 
Inhabitants of the District of Pepperrall by Sickness as related in 
their Petition, there be allowed and paid out of the province Treas- 
ury to Josiah Fisk and others Select Men of said District the sum 
of Fifty Pounds, to be by them distributed to such of said Inhabi- 
tants as they in tlieir discretion shall Judge the greatest sufferers 
and are most Necessitous. [Passed December 9.^ 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 8. 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 85 



CHAPTER 190. 

ORDER IMPOWERING SARAH EMERSON, ADM^, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Emerson Administratrix of the Estate of R^f^^^f^^.u 
her late Husband Jonathan Emerson late of Uxbridge in the County couucu.xxii., 
of Worcester deceased; setting forth that the deceaseds personal Archives^ xix 
Estate is insufficient by about One hundred pounds to discharge 633. 
his Debts, And praying She may be impowered to make Sale of Mass. 
about fifty Acres of Land, bounded Easterly on the Koad leading 632?"hou8^"^'' 
from Uxbridge Meeting house to Smithfield, Southerly on Land of pp^igY^'igg 
Moses Farnum jun'' Westerly on Land of Joseph Taft & Northerly Province 
on Land of Moses Farnum jun"" that out of the produce of such Sale ch'^!'io.''^'^^' 
She may be enabled to pay the deceaseds Debts as aforesaid. 

Read and 

Ordered that the Prayer of this petition be granted & the peti- 
tioner is hereby Impower'*^ to make Sale of the Land within men- 
tioned for the most the same will fetch giveing due publication of 
the time k place of sale & to Execute a good deed or deeds for 
conveying thereof & that the money Arising by Such Sale be duely 
applyed for the payment of y® Just debts due from y® dec^ & the 
overpluss if any there be to be disposed of among y* proper heirs of 
the dec^ x\ccording to Law. She giving Caution to the Judge of 
Probate for the County of Worcester to be accountable. \^Passed 
December 9. 



CHAPTER 191. 

ORDER ALLOWING £2. 16 TO JOHN CHANDLER. 

A Petition of John Chandler of South Hadley; praying an Legislative 
Allowance on Account of his Servant Eleazer Loveland a Soldier Qoun^'^f ^x^^® 
in the late Crown point Expedition who was made up in the Muster iso. Mass.' 
Roll Seven Weeks short of the time he served. bcxvWTflk 

Read and House Jour- 

Ordered, That there be allowed and paid out of the public Treas- nai, pp. i62, i78. 
ury to M'' Josiah Pierce, for the Petitioner's Use, the sum of two 
pounds sixteen Shillings in full for seven Weeks Wages the Peti- 
tioner was carried out short in the Muster Roll of the Company he 
belonged to, on the last Crown point Expedition. \^Passed Decem- 
ber 9. 



CHAPTER 192. 

ORDER DIRECTING THE SALE OF INDIAN LANDS IN FREETOWN AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jacob French, Agent of the Town of Berkley Legislative 
setting forth, that one Isaac Muet and Jane his Wife Indians, came couS xln.? 
Into the Town of Berkley in year. 1752. that the said Isaac had a ^30. Mass. 
long fit of Sickness there, of which he died, and Jane his Wife was xxxUhflV. 
at the same time blind and still continues so, all which has Occa- Mass! ' 

sioned a considerable Expence to the Town of Berkley ; And pray- xxxm^^le 



86 



Province Ijkwb {Resolves, etc.) . — 1757-58. [Chaps. 193, 194.] 



House Jour- jj^gr that the Charge may be reimbursed out of the Sale of some of 

nal, pp. 159, 184, & 1 i. TTi . 

185. the Indians Lands at J^ reetown. 

In the House of Eep^ 

Eead and 

Ordered, That the prayer of this Petition be so far granted, as 
that One hundred and twenty Acres of the Indian Lands, lying in 
Freetown be sold to the highest bidder, due publication of the time 
& place of Sale being first made, the proceeds thereof to be applied 
to the discharging the Accounts of the said Town of Berkley for 
supporting the Indians in y*^ Pet" mentioned, and the overplus (if 
any there be) for the support of the said Jane: and that Col° 

White & M" Morey with such as the hon^^ Board shall join be a 
Committee for the purposes aforesaid and to see that Justice be 
done the said Indians in the sale of the said Lands, who are also 
hereby impowered to adjust & discharge the said Accounts, and to 
take the Overplus (if any) and apply y** same as above mentioned. 
And to Account for their proceedings herein to this Court when 
required. 

In Council Kead and Concurred and George Leonard Esq is joined 
in the Affair. ^Passed December 9. 



CHAPTER 193. 



RESOLVE ALLOWING £30 TO JAMES JOHNSON. 



Legislative 
Records of the 
Council, xxii., 
132. Mass. 
Archives, 
Ixxvii., 266. 

Mass. 
Archives, 
Ixxvii., 26.5. 
House Jour- 
nal, pp. 166, 167, 
185. 



A Petition of James Johnson; setting forth. That in August, 
1754. He, his Wife and Children were taken Captive by the Indians; 
and carried to Canada; that he obtained credit enough of a French 
Gentleman to purchase their Liberty ; except of one Child which is 
yet with them ; and obtained leave of the Government th6re, to come . 
home himself to raise the Money ; that he obtained some of the Gov- 
ernment of New Hampshire and set out for Canada, got 50 Miles 
on his Journey, and was brought back by order of Governor Shirley 
and detained from January to May. 1755. and then had liberty to 
proceed, but on his Arrival at Mont Real in June, the French were 
Alarmed with the Motions of the English and suspecting the peti- 
tioner confined him till September last, which long detention being 
occasioned by his being first of all stopped in the prosecution of his 
Journey as aforesaid; He humbly prays for Relief. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to the Petitioner the Sum of thirty Pounds in Consideration 
of his Sufferings, and services to sundry Captives belonging to this 
Goverm* whilest he was in Canada. [Passed December 9. 



CHAPTER 194. 

ORDER IMPOWERING EBENEZER NICHOLS, GUARDIAN, TO SELL AN 

INTEREST IN REAL ESTATE. 



Legislative ^^^ A PETITION of Ebenezer Nichols, setting forth That he is Guar- 
Councii, xxii., diau to his Grand children Ebenezer and Susanna Nichols who are 
^— interested One half in a house and barn and about three Acres of 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 87 

Land adjoining the other half of which is owned by the petitioner, House Jour- 
that the Buildings are out of repair, and he has now an Opportu- °'^^' ^' ^''***' 
nity to dispose of the whole, which he apprehends will be for the 
Interest of the Concerned for him to do ; And praying that lie may 
be accordingly impowered to make Sale of the premisses, and invest 
the produce of the Childrens part in other Estate for their Use and 
benefit. 

Read and 

Ordered, That the prayer of this petition be so far granted as 
that the petitioner in his said Capacity be and he hereby is author- 
ized to make Sale of the Interest of his said Wards in the Build- 
ings and Land in said petition mentioned, provided that within 
two months from this time he shall convey and secure to them 
their Heirs and Assigns forever by sufficient deed (to be approved 
by the Judge of probate for said County) so much of his own Lands 
adjacent thereto, and in such proportion as they are interested in 
the premisses as by the Estimation of three discreet and disinter- 
ested persons to be thereto appointed And Sworn by said Judge shall 
be equivalent to their Interest in the Buildings and Lands first above- 
mentioned. \_Passed December 10. 



CHAPTEK 195. 

ORDER ALLOWING £2. 16. 8/ TO EBENEZER BOUTWELL. 

A Petition of Ebenezer Boutwell of Framingham, setting forth, R^^'^d^^nh 
that he inlisted into the two Crown point Expeditions and was thereby Council, xxii., 
intitled to half pay during the intervening Space ; but as the same ArchWes?' 
was omitted in the Muster Roll; praying an Order to receive the ixxvii., 291. 

same. Mass. 

-rj -1 -1 Archives, 

Read and ixxvii., 291. 

Ordered, that there be allowed and paid out of the public Treas- ^.y^p® i^^"^' 
ury to Joseph Buckminster for the Pet" Use the sum of Two pounds Province 
sixteen shillings and eight pence, being the half pay he was intitled chap!8^o.'' ' 
to on his reinlisting into the service on the last Crown-point Expe- 
dition. {^Passed December 10. 



CHAPTEE 196. 

ORDER IMPOWERING THE INHABITANTS OF THE SOUTH PRECINCT IN 
HARWICH TO CHOOSE A COLLECTOR OF TAXES. 

A Petition of Samuel Burgess & others. Agents of the South Rlfords^of the 
precinct in Harwich, setting forth. That at their Anniversary Meet- council, xxu., 

ing in March last they omitted choosing a Collector for said pre- ^— . 

cinct; And praying that they may be impowered to choose one now, ^aTp!m' 
the time by Law appointed for that purpose being elapsed notwith- 
standing. 

Read and 

Ordered That the prayer of this petition be granted, and that the 
Inhabitants of the said South precinct in the Town of Harwich, be 
and hereby are inabled at a precinct meeting to be for that purpose 



88 



Province Laws (i?eso?ves,ete.). — 1757-58. [Chaps. 197,198.] 



legally warned and assembled to make choice of a Collector for Col- 
lecting the precinct Taxes assessed in said precinct the present Year, 
whose proceedings therein shall be held and deemed valid in Law to 
all intents and purposes as though he had been chosen at the time 
by Law assigned for such Choice. [Passed December 10. 



CHAPTER 197. 



Legislative 
Records of the 
Council, xxii., 
134. Mass. 
Archives, 
xxxiii., 25. 

House Jour- 
nal, pp. 181, 187. 
Province 
Laws, XV., 238, 
chap. 171 ; 287, 
chap. 302; 514, 
chap. 460. 



ORDER DIRECTING THE GUARDIANS OF THE PUNCAPAUG INDIANS TO 
PAY THE CLAIM OF NELSON FINNEY WITH INTEREST. 

A Petition of Nelson Finney of Middleborough, setting forth, 
That having applied to this Court for the charge he was at in Sup- 
porting an Indian Young Man of the Punkapoog Tribe, they were 
pleased to Order him Twenty four pounds eighteen shillings and 
eight pence out of the Stock belonging to said Tribe, but there 
being no money in hand he had not yet been able to receive it ; 
And praying he may be allowed Interest for the same until paid. 

Read and 

Ordered^ That the prayer of the Petition be granted ; and That 
Robert Spur Esq' and others the Guardians of the Punkapaug Indians 
be and hereby are directed to pay the Petitioner Lawfull Interest on 
the Sum of Twenty four pounds, eighteen Shillings & eight pence 
from the 17"" April 1756, till said Sum be paid; and if said Guar- 
dians shall pay part of said Sum, the remaining part to be upon 
Interest till the whole be paid. [Passed December 10. 



Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 198. 

ORDER IMPOWERING SAMUEL JOHNSTON, EXECUTOR, TO SELL A PART 

OF AN ESTATE. 

Records^of the ^ PETITION of Samuel Johnson of Lynn sole Executor of Samuel 
Council, xxii., Hallowell late of said Lynn deceased, setting forth, That the deceaseds 

^— Debts amount to £92. 12. S^A more than his personal Estate And pray- 

nai^pp^^sMse. iiig that he may be impowered to make Sale of so much of his Tes- 
'" ' " ' tators Real Estate as will be suflBcient to discharge said Debts. 
Read and 

Ordered That the prayer of the petition be granted, and that 
the petitioner in his said Capacity be and he hereby is impowered 
to make Sale of so much of the Real Estate of his Testator as will 
Amount to the sum of Ninety two pounds twelve shillings and five 
pence one farthing, and the Charges arising thereon, and to make 
and execute a good deed or deeds in the Law of the same, he observ- 
ing the Rules in the Law respecting the Sale of Real Estates by 
Executors or administrators, and giving sufficient caution to the 
Judge of probate for the County of Essex where the deceased dwelt 
for the application of the money arising by said Sale, and for his 
duly Accounting for the Overplus if any there be. [Passed Decem- 
ber 10. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1757-58. 89 



CHAPTER 199. 

VOTE IN REGARD TO MAKING UP MUSTER ROLLS OF THE EXPEDITION 

AGAINST CROWN POINT. 

Voted, That the Captains or Chief Officers of the several Com- Legislative 
panics raised by this Province and under the Command of his Ex- Records of the 

11 jiT->iPT 1 • !• !-«»• ■i-.-n Council, XXll., 

cellency the Earl oi Loudoun, m making up the Muster Eolls carry i35. Mass. 
out the Wages of each Non-Commission Officer and Soldier born on i^x^^\!,1f3i. 
their respective Eolls from the Time of their several Inlistments 'till House Jour- 
they left the Army by Dismission or Furlow and until their Return nai, pp. 157,162, 
Home, allowing fifteen Miles for a Day's Travel ; and that those who 
were Impressed or Lilisted and did not join the Army have no allow- 
ance made them in the Muster Rolls. 

That there be allowed Wages to each Captain or Chief Officer 
of the several Companies in said Expedition fifteen Days after his 
Return Home, for making up their respective Muster-Rolls, also for 
his Travel to Boston in Order to lay the same before the Court, allow- 
ing twenty Miles for a Day's Travel, and on making up the same that 
they charge those that have received Fire Arms, Bayonets and Drums, 
unless they have or shall return them, unless they can make it evi- 
dent by their own Oaths, or the Oaths of some other Persons that 
they were inevitably lost, or detained by lawful Authority. 

That every Officer or Soldier, who has been furnished by the Prov- 
ince with Arms and Accoutrements thereto belonging, and do not 
return them into the Commissary General's Office, the Sum of Two 
Pounds ten Shillings shall be deducted out of their respective Wages 
in the Rolls ; Viz* for a Gun Forty Shillings, for a Bayonet nine Shil- 
lings for a Cartouch Box and Slings one Shilling, not returned as 
aforesaid. 

That every Officer and Soldier who joined the Army and returned 
without Leave, or deserted, shall not be intitled to any Wages for 
his Service, and if upon Examination of any muster Roll, it appears 
that any such Person be born thereon, the Committee are directed 
to stop and retain the said Roll and order the Officer presenting the 
same to make up a new one, therein omitting all such Persons 

That each Officer upon his presenting his muster Roll, shall bona 
Fide swear, that each Person born on his Roll has actually performed 
the Service for the whole Time he is born on said Roll. 

That the Commanding Officer of each Company that is now 
returned, be directed to bring in the Roll of the Company, and 
there upon carry out all such Officers and Soldiers as are in Cap- 
tivity to the Time of the Surrender of Fort William Henry, and 
for such as are returned Home from their Captivity to the Time 
of their Return; and that the Pay of all the Officers originally 
appointed begin at the Time of the Date of their first Commis- 
sions. {^Passed December 10. 



90 



Province Laws {Resolves^ etc.). — 1757-58. [Chaps. 200-202.] 



CHAPTEK 200. 



Legislative 
Records of tlie 
Council, xxii., 
138. Mass. 
Archives, 
Ixxvii., 278. 

House Jour- 
nal, pp. 152, 153, 
195. 



RESOLVE ALLOWING £8 TO JOSEPH PROUT. 

A Petition of Joseph Prout of Scarborough in the County of 
York Gentleman, setting forth, That he has been employed by M' 
Commissary Wheelwright from April, 1747 to October, 1750. to 
deliver out provision and Slop Cloathing to the Soldiers posted in 
Scarborough and elsewhere; that he hath received no Allowance 
for said Service, nor for Storage of the Goods; And praying he 
may receive such allowance therefor as the Court shall judge meet. 

Kead and 

Resolved that there be allowed and paid out of the public Treas- 
ury to the Petitioner the sum of Eight pounds in Consideration of 
his services mentioned. \^Passed December 12. 



CHAPTER 201. 



Legislative 
Records of thie 
Council, xxii., 
138. Mass. 
Archives, xix., 
636. 

Mass. 

Archives, xix., 
63.'i. House 
Journal, 
pp. 1.58, 191. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING WILLIAM MORSE, ADM«, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of William Morse Administrator of the Estate of 
his Brother Joseph Morse late of Methuen deceased, setting forth 
That the said Joseph died seized of about Thirty five Acres of Land 
in said Methuen with a small Dwelling house and Barn thereon 
apprized at Eighty two pounds ; That the debts which already ap- 
pear due from the Estate amount to about Fourteen pounds more 
than the personal Estate ; That the Widow and Six Children are 
interested therein, two of which Children are of age and desirous 
that the whole may be sold, and as it may be a prejudice to the 
concerned to sell off a part of so small an Estate, praying that he 
may be impowered to Sell the whole; 

Eead and 

Ordered, That the Prayer of this Petition be granted; and That 
the Pet' be and hereby is allowed and impowered in his said Capacity 
of Admin"" to make sale of the whole of the reall Estate of y^ said 
Deceased, he Observing the Law respecting the sale of reall Estates 
by Executors And Admin'"" and giving Caution to the Judge of Pro- 
bate for the County of Essex, that the produce thereof be applied 
for the payment of the just debts of the deceased in the first place, 
and the Overplus for the Benefit of the Heirs of y^ said deceased 
According to Law. \^Passed December 13. 



CHAPTER 202. 



Legislative 
Records of the 
Council, xxii., 
139. 



RESOLVE ALLOWING £5 TO TIM^ WOODBRIDGE. 

A Petition of Timothy Woodbridge of Stockbridge, setting forth, 
that in 1754. he was employed by a Committee of this province to 
attempt in behalf of the province and to their Use to purchase of 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 91 

the Indians in the Westward part of the province their several and ^f"®® '^fyTigv 
respective rights to the Lauds by thern claimed within tlie province Province 
both such as were granted out by the province and such as were not, Jifa^%65.'' ^^*' 
That in Consequence thereof he was at much pains and expence in 
the alfair, actually agreed with sundry of those Claimers who at his 
request and charge came from a very considerable distance for that 
purpose, when the Government thought fit to Suspend the affair; 
And praying an Allowance for his trouble and expence therein. 

Read and 

Resolved That there be allowed and paid out of the publick Treas- 
ury to the petitioner the sum of Five pounds in full consideration 
for his Time and Services mentioned. [^Passed December 13. 



CHAPTER 203. 

ORDER IMPOWERING JOHN BUTTERFIELD & OTHERS, GUARDIANS, TO 

SELL REAL ESTATE. 

A Petition of John Butterfield of a place called N" 6. in the Legislative 
County of Worcester Guardian to Jonas & Isaac Butterfield Minors; coundf xxn* 
and of Josiah Nutting of Westford in the County of Middlesex and wo. 
Keziah his Wife as She is Guardian to James Butterfield a Minor, House Jour- 
Children Of Benjamin Butterfield late of Westford deceased, setting 201 ' ^'pi-ov^'nce' 
fortli That the said Minors are interested in three tenths of one half Laws.ii., 151, 
of about ten Acres of Land lying in Westford aforesaid in three ^ ^^' 
peices; That the Interest is so small it will not do to divide; And 
praying they may have liberty to make Sale thereof. 

[Read and] 

Ordered That the prayer of this petition be granted, and that the 
petitioners in their said Capacities as Guardians be and they hereby 
are impowered to make Sale of the minors Interest in the Land 
mentioned; and to pass and execute a good deed or deeds thereof 
in the Law, they observing the directions of the Law in such cases, 
and giving sufficient caution to the Judge of Probate for the County 
of Middlesex for duly applying the proceeds arising by such Sale. 
[Passed December 14. 



CHAPTER 204. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO EXPE- 
RIENCE STOCKWELL, ADMX. 

A Petition of Experience Stockwell Administratrix of the Estate Legislative 
of Ichabod Stockwell a Soldier in the late Crown point Expedition; counou xxu^ 
praying She may be allowed the money stopped in the Treasury out 142. Mass! '' 
of her deceased Husbands Wages on account of Guns not being i^xvi.l379. 
returned to the Commissary General, said Gun having been deliv- ^^ii^, 
ered to M^ Commissary Foye at the Half Moon. Archives, 

Read and House Joiir. 

Ordered, That the Treasurer be and hereby is directed to Pay to Province^' 
Timothy Paine Esq' for the use of the Petitioner the four pounds Laws, xv., 695, 
stopped out of the Wages due to her late Husband Ichabod Stock- ^ ^^' 
well deceased, as a Soldier in the last Crown-point Expedition on 



92 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 205-207.] 



Account of his Arms not being returned, it appearing that they 
were delivered to the Commissary appointed to receive the same. 
\^Passed December 14. 



CHAPTEE 205. 



Legislative 
Records of the 
Council, xxii., 
142. Mass. 
Archives, 
Ixxvii., 205. 

House Jour- 
nal, p. 199. 
Province 
Laws, XV., 695, 
chap. 416. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 AND A 
FURTHER SUM OF 12/ TO PETER FLETCHER. 

A Petition of Peter Fletcher; setting forth, That he was a Sol- 
dier in the year. 1756. in the intended Expedition against Crown 
point, and carried his own Arms with him, That there has been 
Four pounds stopt out of his Wages for not returning his Arms; 
And praying that he may be relieved therein, and that he may be 
also Allowed for the Use of his own Arms as has been customary. 

Read and 

Ordered., That the Treasurer be and hereby is directed to pay 
to William Lawrence Esq'' for the Petitioners Use the four pounds 
stopped out of his Wages on Account of his not returning his Arms; 
with the further Sum of twelve Shillings for the use of his Gun, 
which he carried with him into the service on the last Crown point 
Expedition. \Passed December 14. 



Legislative 
Records of the 
Council, xxii., 
143. Mass. 
Archives, 
Ixxvii., 169. 

Mass. 
Archives, 
Ixxvii., 169. 
House Jour- 
nal, p. 203. 
Province 
Laws, XV., 695, 
chap. 416. 



CHAPTEK 206. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY 40/ TO JOSEPH 

BAILEY. 

A Petition of Joseph Bailey of Newbnry a Soldier in the Crown 
point Expedition in 1756. Setting forth, that in removing from Still 
W^ater, while he was busied in striking the Tents his Gun was stolen 
from him, for which Four pounds has been stop't out of his Wages; 
And praying Relief. 

Read and 

Ordered., That the Treasurer be directed to pay to Michael Dalton 
Esq' for the Petitioners Use, forty Shillings, part of the sum of Four 
pounds Stopped out of his Wages on the last Crown-point Expedit" 
on Acc° of his Arms not being returned. {Passed December 15. 



CHAPTER 207. 



Legislative 
Records of the 
Council, xxii., 
144. Mass. 
Archives, 
xxxiii., 21. 

House Jour- 
nal, pp. 179,206. 
Province 
Laws, xiv., 326, 
chap. 164. 



ORDER IMPOWERING JACOB CHEECKSAUNKUN, INDIAN, TO SELL LAND. 

A Petition of Caleb Cheekskun ' of Stockbridge, Lidian, praying 
for leave to Sell about Twelve Acres of Land in said Town to M' 
Isaac Brown, in order to build himself an house out of the proceeds 
of said Sale. 

Read and 

Ordered, That the Prayer of this Petition be so far granted, as 
that the Petitioner, with y« Advice and Assistance of Timothy 

' The House Journal, pp. 179, 206, reads, "Jacob Cheeksaunkun." 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 93 

Woodbridge Esq' be & hereby is allowed to make Sale of the prem- 
isses mentioned, and to pass a proper Legal Conveyance of the same. 
{^Passed December 15. 



CHAPTEE 208. 

ORDER GRANTING TO JOSHUA GROSSMAN LICENCE TO KEEP AN INN. 

A Petition of Joshua Crosman of Ilopkinton in the County of Legislative 
Middlesex, setting forth, That he hath lately purchased the House in councfi^xxiLf 
Hopkintou where M"" John Chamberlain has-for some time past kept Arcinv^es^cxi 
a Tavern; and where it is necessary a Tavern should be kept; And 406. 
praying that the Justices of the Court of General Sessions of the House Jour, 
peace for said County now Sitting at Charlestown may be impow- "^^^' p- '^'^^• 
ered to grant him a Licence for that purpose until the usual time 
for granting Licences in said County shall arrive. 

Eead and 

Ordered, That the prayer of this Petition be granted; And That 
the Justices of y® Court of General Sessions of the peace now holden 
at Charlestown, in & for said County, be and they hereby are im- 
powered (if they see fitt) to licence the Petitioner to keep an house 
of public Entertainment in said Town of Hopkinston, the Time for 
granting Licences being elapsed Notwithstanding. [^Passed Decem- 
ber 15. 



CHAPTEE 209. 



ORDER APPOINTING A COMMITTEE ON THE PETITION OF JON^ STONE 
& OTHERS TO BE ANNEXED TO THE TOWN OF WORCESTER. 

A Petition of Jonathan Stone of Worcester, James Hart, Thomas Legislative 
Beard and James Wallis of Leicester; setting forth, That in last coundf xlil^^ 
May Sessions they preferred a petition to this Court praying that 1*4. '" '' 
they with their Estates may be set off from Leicester to Worcester; Legislative 
That thereupon the Town of Leicester was notified of said petition, counc'if, xxii!^ 
and put in their answer thereto; whereupon the Council ordered '^^- Ho"8e 
their said petition to be dismissed; which dismission was grounded 98,204. 'prov-' 
as the petitioners apprehend upon their not having supported One 854^ ^Jte!^' ^■' 
fact relating to the distance between their Dwellings and Leicester ^nte,^^.i. 
Meeting house; which distance they had procured to be measured '^ ^^" 
by persons under Oath, and disinterested and had sent the same 
down, but it was not delivered in till after the petition was dis- 
missed, x\nd as their Case is really difficult praying that a Com- 
mittee may be sent thither at the petitioners Cost to view their 
Circumstances and report. 

In Council ; Read and 

Ordered that James Minot Esq"" with such as the honourable House 
of Representatives shall join be a Committee at the sole Cost of the 
petitioners to repair to the Town of Leicester, first giving Notice 
of the time of their Meeting there, by notifying the Clerk of the 
said Town or one of the Selectmen, that they hear all parties care- 
fully view and consider the Situation and Circumstances of the peti- 
tioners, and report to this Court as soon as may be with conveniency 
what they may apprehend proper to be done relative to this petition. 



94 Province Laws {Resolves, etc.). — 1757-58. [Chaps. 210, 211.] 

In the House of Eepresentatives ; Read and Concurred ; and M"^ 
Witt and Major Ward are joined in the Affair. \^Passed Decem- 
ber 15. 



CHAPTEK 210, 

ORDER CONFIRMING TO PHINEAS GIBBS A TITLE TO LAND. 

Legislative A PETITION of Phineas Gibbs of Framingham in the County of 

Council, xxii., Middlesex and Oliver Moor of Lancaster in the County of Worces- 

^^ ter the Said Oliver being Guardian to Ephraim Beaman and Lois 

naTpp"2oo^206 Beaman Minors Children of Jabez Beaman late of Shrewsbury in 
said County Gentleman deceased ; setting forth That the said Phineas 
Gibbs on the 25 day of December. 1735. purchased of the said Jabez 
Beaman deceased, Eight Acres and one hundred Rods of Lands then 
lying in that part of Lancaster which is now called Bolton; That the 
said Jabez never Acknowledged the Deed and the Witnesses to it are 
since Dead; That the said Jabez left four Children two of whom are 
of Age & willing to relinquish their right to said Land; and the 
minors pray that their Guardians may be impowered to do the same, 
as without the Interposition of this Court the petitioners Title can- 
not be Secured. Therefore praying that said Guardian may be im- 
powered accordingly. 
Read and 

Ordered That the prayer of this petition be so far granted as that 
the Lands contained in the Deed therein mentioned be and hereby 
is confirmed unto the said phineas Gibbs his Heirs & Assigns to be 
by him & them held & enjoyed in as full & ample a manner as though 
the said Jabez Beaman had in his Life time Acknowledged the said 
Deed, And that the Register of Deeds for the County of Worcester 
be and hereby is allowed to record said Deed. \^Passed December 16. 



CHAPTEE 211. 

- RESOLVE ALLOWING £60 AND A FURTHER SUM OF £14.8 TO ROBERT 

BALL. 

Legislative A PETITION of Robert Balls praying an Allowance for his Ser- 

councif, xxii., vicc as Keeper of the Light house to the 19*^ of November last 

}^ when his year ended; and a reimbursment of the sum of Fourteen 

nai'^pp!'i95^207 pounds eight shillings which he expended for Fire Wood for the 
benefit of the Light. 
Read and 

Resolved that there be allowed and paid out of the publick Treas- 
ury to Robert Balls, keeper of the Light house the sum of Sixty 
pounds in consideration of his Services mentioned the year past 
ending the 19 November last; Also the further sum of Fourteen 
pounds eight shillings in discharge of his Account of Fire Wood 
expended during that time for the benefit of the Light. ^Passed 
December 16. 



[3d Sess.] Province Laws (Hesolves, etc.). — 1757-58. 95 



CHAPTEK 212. 

ORDER ERECTING CERTAIN INHABITANTS OF SPRINGFIELD WITH 
THEIR ESTATES INTO A SEPARATE PRECINCT. 

A Petition of Daniel Leonard in behalf of the Freeholders and Legislative 
other Inhabitants of that part of the Town of Springfield in the council, xxii., 
County of Hampshire lying West of the Great River and Southerly ^*'•^• 



of Agawom River so called in said Town ; setting forth the great ^^^^{^ ^ 
difficulties they Labour under both by reason of their distance, and cxvii., 216-239. 
by being obliged to cross the River to attend the publick Worship; Sii|pp.'^206,''2i5, 
and also the parish Meetings. And praying they may be set off a ^^^> ''^'^'^^ 
separate and distinct parish by certain Bounds and vested with such 
powers and privileges as other parishes are vested with. 

Read and 

Ordered That the prayer of the petition be granted, and that the 
Lands lying within the Bounds following Viz*^ from Agawom River 
on the Northerly side to Suffield Bounds: on the South and from 
the Great River on the East to Westfield Bounds on the West (except 
such Lands as lye in Agawam Meadow so called belonging to the 
Inhabitants of Springfield now living in the other parts of said 
Town) be, and they with the Inhabitants living thereon, together 
with the Lands they own in any other part of said Town, now 
under Actual Improvement, hereby are erected into a separate pre- 
cinct with all the immunities and privileges enjoyed by other pre- 
cincts within this province whatsoever. Provided nevertheless that 
nothing in this Order shall be so understood as to exempt the said 
Inhabitants from paying their proportion of parish Taxes in said 
parish, that are in arrears unpaid. That, for Settlement of their 
present Minister only excepted. [Passed December 16.^ 



CHAPTER 213. 

ORDER IMPOWERING DUNCAN CAMPBELL, ESQ", TO BRING FORWARD 

A WRIT OF REVIEW. 

A Petition of Duncan Campbell Esq' of Oxford, setting forth, R^^'^|f"7,j, 
That having had large dealings with M"" Edward Bromfield late of CouScif, xxu.f 
Boston Deceased, and being in Boston in June, 1754. the said M' ^^^' ^^^' 
Bromfield persuaded him to give his Bond for £575.12.7 which he S.S"f,?/i*iriQn 
said was the ballance, assuring him that as the petitioner had not 211. 
brought his accounts with him, if the ballance should afterwards 
appear to be less, he should have Credit on his Bond for any Sums 
not carried to the Credit of his Account; That M' Bromfield dying, 
his Executrix M" Abigail Bromfield impleaded the petitioner on 
the Bond, and recovered of him £22.4.7 more than the principal, 
and Interest due on the Bond besides Costs of Suit, and Execution 
was levied for the same on his Real Estate; That it now appears that 
he owed the deceased no more than £352.7.4 when the Bond was 
given, and between that time and the rendriug the Judgment he 
had made such payments as brought a just ballance in his favour; 
And as the Judgment of the Inferiour Court was given against him 

* The House Journal, p. 206, omits the words beginning, " Provided," etc., to the end 
of the order. This proviso is an amendment found in Mass. Archives, xxxiii., 239, under 
date of December 16, 1757, to which reference is made in House Journal, pp. 215, 216 and 
220, under dates of December 19 and 21. 



96 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 214-216.] 



by default; which Judgment was affirmed by the Superiour Court 
with Additional Costs, he is without remedy unless relieved by this 
Court ; And praying That his Real Estate may be released and dis- 
charged from said Execution; and that the next Superiour Court 
of Judicature &c, to be held at Boston in and for the County of 
Suffolk may be impowered to chancer the bond aforesaid to the 
just debt and damage, or that he may be otherwise relieved. 

Read and 

Ordered That the prayer of the petition be so far granted as that 
the petitioner hereby is impowered at the next Superiour Court of 
Judicature &c. to be holden at Boston in and for the County of Suf- 
folk on the third Tuesday of February next to review .the Action 
commenced against him by Abigail Bromfield Executrix of the last 
Will and Testament of Edward Bromfield late of said Boston Mer- 
chant deceased, at the Inferiour Court of Common pleas held at said 
Boston in April last, and the Justices of said Superiour Court are 
hereby impowered and directed to hear and try said Action enter 
up Judgment and award Execution thereon to all intents and pur- 
poses whatsoever, as fully as if the said Duncan had had day in 
Court, and said Judgment of the Inferiour Court had not been 
affirmed. \^Passed December 17. 



CHAPTER 214. 



Legislative 
Records of the 
Council, xxii., 
151. 

House Jour- 
nal, p. 210. 
Infra, chap. 
215. 



RESOLVE GRANTING £600 STERLING TO M^ AGENT BOLLAN FOR SER- 
VICES. 

Resolved that there be granted and paid out of the publick Treas- 
ury to William Bollan Esq'' Agent for this province at the Court of 
Great Britain the sum of Six hundred pounds Sterling in full of his 
Services in his Agency there for three years ending in January next. 
\^Passed December 17. 



CHAPTER 



215 



Legislative 
Records of the 
Council, xxii., 
151. 

House Jour- 
nal, p. 210. 
Supra, chap. 
214. 



RESOLVE ALLOWING £937. 7. 5. 1 STERLING TO M" AGENT BOLLAN IN 

FULL FOR HIS ACCOUNT. 

Resolved That there be allowed and paid out of the publick Treas- 
ury to William Bollan Esq' Agent for this province at the Court of 
Great Britain the sum of Nine hundred and thirty seven pounds 
seven shillings & five pence one farthing Sterling in full of his 
Account exhibited of his Expences to September. 1756. \^Passed 
December 17. 



CHAPTER 216. 



ORDER IMPOWERING CAPT. ZEDEKIAH STONE TO MAKE UP HIS MUSTER 

ROLL. 

Legislative j^ PETITION of Zedekiah Stone Commander of a Scout of Thirty 

Council, xxii.? Men between Connecticut and Merrimack Rivers; setting forth, 

Archiv^es?' That receiving no orders to dismiss his said men till after tlie 

ixxvii., 336. Expiration of the Establishment made by the Court for their pay 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 97 

and Subsistence, he continued them in the Service until the last J,a'i"pp'^203!^2ii. 
day of November; And praying that he maybe allowed to make I'rJvince 
up his Muster Roll accordingly. cifap!'448!"' '^' 

Read, and 

Ordered, That y® prayer of the Pet" be granted; and that the 
Petitioner be and hereby is Allowed to make up his said Roll till 
the last day of November as therein Mentioned. \^Passed Decem- 
ber 19. 



CHAPTER 217. 

ORDER IMPOWERING DAVID BUTLER, ADM^, TO SELL REAL ESTATE. 

A Petition of David Butler of Falmouth Administrator of the Legislative 
Estate of Benjamin Hatch late of said Falmouth deceased and councif, xliuf 
Martha Hatch Widow of said deceased; setting forth That the 152. Mass. 
Debts of the deceased amount to £19.6.8 more than his whole esi. 
personal Estate; That his Real Estate is apprized at Sixty two Mass. ' 

pounds 13* and is so situated as that if a part only were to be sold, ^o'^'^House'^"' 
it would greatly iniure the remainder; And praying that they may Journal, 
be enabled to Sell the whole; they to be Accountable. province '' 

Read and cifap' lo."' ^^^' 

Ordered that y* prayer of the Pet" be granted ; And that the Peti- 
tioner David in his said Capacity of Adm'' be and hereby is enabled 
to sell the Lands Mentioned for y^ most the same will fetch, & to 
give a good and sufficient Deed or Deeds of the same, he Observ- 
ing the Rules of the Law respecting the sale of reall Estates by 
Executors & Admin" and giving Caution to y*^ Judge of probate 
for the County of Barnstable, that the proceeds of said sale shall 
be applied According to Law. \^Passed December 19. 



CHAPTER 218. 

ORDER GRANTING TO WALTER WESTCOTT LICENCE TO SELL STRONG 

DRINK. 

A Petition of Walter Westcott of Boston Mariner; praying that Legisiauve 
the Court of General Sessions of the peace for the County of Suf- council, xxii., 

folk may be impowered at their Session in January next with the ^^ 

consent of the Selectmen to grant him a Licence to retail Spirit- ^^chives cxx 
uous Liquors at His House in Fish Street, the time limited by Law ise. House 
for granting Licences being elapsed notwithstanding. pp? 193, 212, 213. 

Read and 

Ordered That the prayer of the petition be granted and that the 
Justices of the Court of General Sessions of the peace for the County 
of Suffolk be and hereby are imj)owered at their next term to grant 
the petitioner a Licence (if they see fit) to retail Spirituous Liquors 
in the Town of Boston, he first obtaining the approbation of the 
Selectmen of said Town, the time for granting Licences being elapsed 
notwithstanding. \^Passed December 19. 



98 



Province Laws {Resolves, etc.) . — 1757-58. [Chaps. 219-221.] 



CHAPTER 219. 



ORDER REFERRING THE MEMORIAL OF CAPT. JABEZ BRADBURY IN 
REGARD TO COMPLAINTS OF CAPT. JAMES CARGILL. 



Legislative 
Records of the 
Council, xxii., 
153. Mass. 
Archives, 
lxxvii.,367. 

Mass. 
Archives, 
Ixxvii., 366. 
House Jour- 
nal, pp. 131, 142, 
215. 



A Memorial of Capt. Jabez Bradbury of S' Georges in the 
County of York, setting forth, That he was lately Notified of a 
long Memorial of Capt. James Cargill which extremely affects his 
Character that so he might make Answer thereto on the 20*^^ Instant, 
in which time it is impossible for him to do it ; And as he has been 
a long time in the Service of the Government, and never fallen under 
blame ; praying he may be indulged with Six or Eight days further 
time to prepare his Defence. 

Eead and 

Ordered, That the prayer of this Memorial be so far granted, as 
that the hearing appointed to be had the 20"" Instant on the Memo- 
rial of James Cargill be referred till friday y® 23*^ Instant at three 
oClock After Noon. [Passed Decemher 19. 



CHAPTER 220. 



RESOLVE ALLOWING 20/ 8 EACH TO EZRA PARKER AND NATHAN HAR- 

WOOD, JUN«. 



Legislative 
Records of the 
Council, xxii., 
153. Mass. 
Archives, 
Ixxvii., 292. 

House Jour- 
nal, pp. 204, 215. 



A Petition of Ezra Parker a Soldier in the late Crown point 
Expedition; praying an Allowance for twenty two days service put- 
ting the Barracks in repair after the army was dismissed, for which 
he hath received no pay. 

Eead and 

Resolved That there be allowed and paid out of the public Treas- 
ury to Tim" Paine Esq"" for y® use of the Pef the sum of twenty 
shillings & eight pence in full for his services Mentioned: Also That 
there be allowed the sum of twenty shillings & eight pence to Nathan 
Harwood jun' of Leicester for the like services by him performed, 
and that the same be paid out of y'' public Treasury to Cap' John 
Brown for his Use. [Passed Decemher 19. 



CHAPTER 221. 



RESOLVE ALLOWING £3. 12 TO SAMUEL RICE. 



Legislative 
Records of the 
Council, xxii., 
153. 

House Jour- 
nal, pp. 190,213. 
Province 
Laws, XV., 441, 
chap. 277. 



A Petition of Samuel Eice of a place called Charlemont in The 
County of Hampshire in behalf of himself and his three Brothers 
settled there; shewing that by direction of the General Court he 
Enlisted Six men to be Stationed at their Garrison, and promised 
them two Dollars each on their Inlistment, being the Bounty allowed 
to others employed in the like Service, And praying that he may 
receive the same out of the publick Treasury, and that the said Six 
Men may be continued there as long as the other Soldiers stationed 
at Charlemont to prevent their being obliged to quit their Settle- 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 99 

ments, which if they should do, would prove very detrimental not 
only to themselves; but as they apprehend to the publick also. 

Read and 

Resolved That the prayer of the petition be so far granted, as that 
there be allowed and paid out of the publick Treasury to the peti- 
tioner the sum of Three pounds tAvelve shillings, being the Bounty 
that he promised to the Six Men that he inlisted by order of the 
Government, and that Six Men be allowed for said Garrison includ- 
ing the petitioner, and one of his Brothers; And that the petitioner 
be further allowed with his Brother Aaron and their Mother to billet 
said Men at the same price as hath usually been allowed until the 
further Order of this Court. {^Passed December 19. 



CHAPTER 222. 

RESOLVE ALLOWING £20. o. 1 TO OBADIAH SAMPSON. 

A Petition of Obadiah Sampson of Middleborough, setting forth, LegisiaUve 
That his Son Samuel Sampson a Soldier in the late Crown point Ex- Councu, xxu., 
pedition returned home Sick of the Small pox and died ; that another Archives^^' 
of his Sons took the distemper and recovered. That he and his family ixxvii., 337. 
having never had it removed out of his House; all which was very House Jour- 
Expensive and occasioned likewise much loss and damage in his 2:^,' 217! 219. 
business, which he is unable to Support; And praying an Allowance. 

Read, and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to the Petitioner the sum of twenty pounds five shilP and one 
penny in Consideration of his Expences and Damages mentioned, 
& for his relief under his present difficult Circumstances, to be by 
him paid to the several persons and in the proportion expressed 
in the Schedule annexed,' in full discharge of their respective Ac- 
counts exhibited. \^Passed December 21. 



CHAPTER 223. 

ORDER WITH STAY OF EXECUTION IMPOWERING OLIVER STEARNS TO 
BRING FORWARD A WRIT OF REVIEW. 

A Petition of Oliver Stearns of Tewksbury in the County of Legislative 
Middlesex, setting forth. That in December, 1753, being a Servant councif, xxii.f . 
and Apprentice to one Samuel Winch was prevailed on to sign a Bond ^^'■^' ^^^- 



with his said Master to one John Mansfield the petitioner being at ^^T^^ '^\^\m. 

that time an Infant, and the debt wholly his said Masters; That 223.' 

afterwards in February, 1754. the said Mansfield assigned the said 

Bond to one Jonathan Grimes of Bedford ; That afterwards the said 

Grimes put the said Bond in Suit in Mansfields Name at Concord 

Court in September last, which the petitioner never heard of till 

lately, and now to his great Surprize hears there is an Execution 

out against him for Sixteen pounds five shillings & four pence debt, 

and for the Cost of Suit; That there are plain marks of Contrivance 

in the process, a special Deputy being made to serve an Original 

Summons and the Officer not returning a personal Service, but leav- 

• The schedule has not been found. 



100 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 224, 225.] 



ing a Copy at the petitioners last place of Abode which might easily 
be done, and left so as none might see it ; and praying Eelief . 

Read together with the Answer of Jonathan Grimes, Attorney 
to John Mansfield, and the parties being heard 

Ordered That the prayer of the petition be so far granted as that 
the petitioner be and he hereby is impowered to bring forward his 
Writ of Eeview of the Action in the petition mentioned at the next 
Inferiour Court of Common pleas to be holden at Charlestown in 
and for the County of Middlesex on the second Tuesday of March 
next, and the Justices of the said Court are hereby authorized and 
impowered to hear and try the same, enter up Judgment and award 
Execution thereon in as full and ample manner as tho' the said default 
had never been made, and Execution is stayed in the mean time ; pro- 
vided the petitioner give sufficient Security in the Clerks Office of 
said Court to respond what may be finally found due with lawful 
Interest for the same from this time. \^Passed December 22. 



CHAPTER 224. 



ORDER ADJOURNING THE COURTS OF YORK COUNTY. 



Legislative 
Records of the 
Council, xxii., 
156. 

House Jour- 
nal, p. 222. 
Province 
Laws, iii.,64, 
chap. 32. 



Whereas divers of the Justices of the Court of General Sessions 
of the peace and Inferiour Court of Common pleas which by Law is 
to be held at York in the County of York on the first Tuesday of 
January next, are Members of this Court, And the important Affairs 
of the province require their Attendance thereon Therefore 

Ordered That the said Courts be adjourned to the second Tuesday 
of February next. And that all Matters & Things that might have 
day at said Courts on the first Tuesday of January shall be heard 
and tried on the said Second Tuesday of February; And that all 
Officers and other persons concerned in said Courts conform them- 
selves accordingly. \^Passed December 22. 



CHAPTER 225. 



ORDER IMPOWERING JONATHAN BROWNELL, ADM^, TO SELL REAL 

ESTATE. 



Legislative 
Records of the 
Council, xxii., 
156. 

House Jour- 
nal, p. 227. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Jonathan Brownell Administrator of the Estate 
of William Brownell late of Dartmouth in the County of Bristol 
deceased; setting forth, That the deceaseds Debts and Funeral and 
other Charges amount to Eighty one pounds five shillings & two 
pence half penny more than his personal Estate Amounted to, And 
praying leave to sell as much of his Real Estate as will be sufficient 
to discharge the same. 

Read and 

Ordered That the prayer of this petition be so far granted, as 
that the petitioner in his said Capacity as Administrator be and 
hereby is authorized and impowered to make Sale of so much of 
the Real Estate of the said William Brownell as will be sufficient 
to pay his just Debts, and to make and Execute a good and Suffi- 
cient Deed or Deeds for the same, he observing the Rules of the 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 101 

Law respecting the Sale of Eeal Estates by Executors & Adminis- 
trators and giving sntticient caution to the Judge of probate for the 
County of Bristol to Account for the produce thereof. [Passed 
December 23.^ 



CHAPTER 226. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO JOSIAH 

OSGOOD. 

A Petition of Josiah Osgood of Andover, setting forth That in Legislative 
the year. 1756. his Son Solomon Osgood a Minor was impressed as couucu^xxif* 
a Soldier for the Crown point Expedition, and carried with him a i58. Mass'. 
Gun of the petitioners, notwithstanding which there is Four pounds ixx^vH^fsos. 
stopped out of his Sons Wages for not returning his Gun into the m^. ' 

province Store; And further setting forth that in the year. 1755. ^^xvn^^los 
He had a Gun impressed and taken from him for the Use of Benj'* House Jour- 
Ingols a Soldier then in the province Service ; And praying an Allow- prov'ince*" 
ance for the Use of said Gun; and likewise an Order to receive the cii^'^ iie'"' ^^°' 
Four pounds stopped on Account of the other. 

Eead and 

Ordered^ That y® Treasurer be directed to pay To John Osgood 
Esq"" for the use of the Petitioner the four pounds stopped out of 
the Wages due to his Son Solomon Osgood a Soldier in y* last Crown 
point Exped" on Acc° of his Arms not being returned. '[Passed 
December 23. 



CHAPTER 227. 

RESOLVE ALLOWING £5. 13 TO ELIAB WHITE. 

A Petition of Eliab White of Norton; setting forth that he was Legislative 
impressed the 30"^ August, 1756. as a Soldier for the Crown point counc'if,xxii!f 
Expedition and Marched as far as Still Water where he was taken iss. Mass. 
Sick and after his recovery stayed to take care of the Sick, and did ixx^i'Ce! 
not return home until the 9"" November following, And as he is not Mass. 
made up in any Muster Poll ; praying an Allowance for his Service y^l^li^' 
and for his billeting. House* Jo'ur- 

Readand nai. pp. 14,224, 

Resolved that there be allowed and paid out of the public Treas- 
ury to M'' Thomas Morey for the Petitioners use the sum of five 
pounds thirteen shillings in full for his services mentioned, on the 
last Crown point Expedition. [Passed December 23. 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is December 22. 



102 Pkovince Laws {Resolves, etc.). — 1757-58. [Chaps. 228-230.] 



CHAPTEE 228. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 AND A FUR- 
THER SUM OF 12/ TO MICAH HOSKINS. 



Legislative 
Records of the 
Council, xxii., 
159. Muss. 
Archives, 
Ixxvii., 261. 

Mass. 
Archives, 
Ixxvii., 260. 
House Jour- 
nal, p. 225. 
Province 
Laws, XV., 695, 
chap. 416. 



A Petition of Micah Hoskins of Sheffield, setting forth, that 
he inlisted for the Crown point Expedition, and carried his own 
Gun, expecting an Allowance for it; but that instead of having 
such Allowance, there is Four pounds deducted from his Wages 
for not returning a Gun into the province Store; And praying 
Eelief. 

Eead and 

Ordered^ That the Treasurer be directed to pay to Cap* Ithamar 
Hubbell for the use of the Petitioner the four pounds stopped out 
of the Wages due to him for his Service on the last Crown-point 
Expedition, on Acco* of his Arms not being returned with the 
further Sum of twelve shillings for the use of his own Gun. \^Passed 
December 23. 



CHAPTER 229. 



Legislative 
Records of the 
Council, xxii., 
160. M.iss. 
Archives, 
Ixxvii., 342. 

Mass. 
Archives, 
Ixxvii., .S41. 
House Jour- 
nal, pp. 207, 228. 
Province 
Laws, iii., 732, 
chap. 40. 



RESOLVE ALLOWING £2. 13. 4 TO EBENEZER BACON. 

A Petition of Ebenezer Bacon of Billerica, setting forth That 
he Served in Capt. Lanes Company at the Eastward and Assisted 
at the building of Fort Hallifax for which his Captain gave him an 
Order for £2.13.4 and praying he may receive a Warrant for the 
same, and also for his Wages omitted in Capt. Lane's Muster Poll. 

Eead and 

Resolved, That there be allowed & paid out of y^ public Treas- 
ury to the Petitioner the sum of two pounds thirteen shillings & 
four pence in full for his Services in Assisting in building said Fort 
as mentioned. \^Passed Decemher 23. 



Legislative 
Records of the 
Council, xxii., 
161. 

House Jour- 
nal, pp. 183, 229, 
230. 



CHAPTER 230. 

ORDER IMPOWERING CATHERINE STREETER, ADM^, TO EXECUTE A 

DEED. 

A Petition of Katharine Streeter of Douglass in the County of 
Worcester Administratrix of the Estate of her late Husband Stephen 
Streeter deceased, setting forth, That her said Husband being seized 
of two ninth parts of a peice of Land in Framingham containing 
eleven Acres Sold the same to M"" Thomas Winch jun'' for thirty 
three shillings and 3*^% but died before he had executed the deed ; 
And praying that She as Administratrix may be impowered to give 
and execute a good and sufficient deed of the premisses to the said 
Winch agreeable to the Bargain made between him and her said 
Husband. 

Eead and 

Ordered That the prayer of this petition be granted, and that 
the petitioner in her said Capacity of Administratrix be and hereby 
is impowered to pass and execute a good deed in the Law of her 



[3d Sess.] Province Laws {Besolves^ etc.). — 1757-58. 103 

said deceased Husbands Interest in said Lands mentioned to the 
said Thomas Winch jun'' agreeable to the Contract made by lier said 
Husband in his Life time, Slie to be accountable for the proceeds 
of the Sale according to Law. [Passed December 24. 



CHAPTER 231. 

RESOLVE ALLOWING 24/ TO BENJAMIN WOODMAN. 

A Petition of Benjamin Woodman a Soldier in Col" plaisteds Legislative 
Regiment in the late Crown point Expedition, praying an Allow- councif xxu!^ 
ance for attending Capt. Holt (under whom he Served) in his Sick- 162. Mass. 
ness at the half Moon from the 17'^'' November to the 8"' of December ix'xvi.IsYV. 
by his Said Colonels Order for which he has had no Allowance. Mass. 

Read and bix''v^376 

Resolved That there be allowed and paid cut of y* public Treas- House Joiir- 

ury to John Bradbury Esq' for the use of the Petitioner y« sum of °ai, pp. 217, 229. 

twenty four Shillings in full of his services mentioned. [Passed 

December 24. 



CHAPTER 232. 

RESOLVE ALLOWING 40/ TO REUBEN ASTEN. 

A Petition of Reuben Asten a Soldier in the late Crown point i®^'®^^*%%v. 
Expedition praying an Allowance for five weeks service in attend- councn.xxii., 
ing on William Walker by order of Capt. Ingersoll after the Army Archives^^" 
was dismissed, for which time he is not made up in the Muster Roll, ixxvii., 4! 

Read and House Jour- 

Eesolved, That y^ Prayer of this Pet" be so far granted, as that °*^'PP- '• • 
there be allowed, and paid out of y^ public Treasury to M"" David 
March, for the Petitioners use the sum of forty Shillings in full of 
his Services mentioned. [Passed December 24. 



CHAPTER 233. 

RESOLVE ALLOWING TO LIEUT. JAMES PARKER AND LIEUT. NICHOLAS 
HOLT THE AMOUNT OF THEIR WAGES. 

A Petition of James Parker first Lieutenant and of Nicholas Legislative 
Holt second Lieutenant in Lieutenant Col° James Frye's Company council^ xxil^ 
raised for the late Crown point Expedition ; setting forth That their ^ 



names were struck out of the Muster Roll by order of a Committee Legislative 
of the Court, as they apprehend through Misinformation, And hav- council, xxn., 
ing faithfully done their duty in their respective Stations ; praying joum^i'"^'' 
for Relief ; pp. i93, 216, 224, 

r-p, n TH 231. Province 

[Read and J Laws, xv., 754, 

jResolved, That there be allowed and paid out of the publick chap. 562. 
Treasury to Lieutenant James Parker and Lieutenant Nicholas 
Holt their Wages due on the last Crown point Expedition as they 
are respectively borne in the Muster Roll for said Service. [Passed 
December 24. 



104 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 234-236.] 



Legislative 
Records of the 
Council, xxii., 
163. 

Mass. 

Archives, vi., 
242, 249. 
House Jour- 
nal, p. 234. 



CHAPTER 234. 

VOTE DIRECTING THAT EXPRESSES BE SENT TO OTHER NEW ENGLAND 
GOVERNMENTS FOR THE APPOINTMENT OF COMMISSIONERS TO CON- 
CERT MEASURES FOR MUTUAL DEFENCE. 

Voted that Expresses be sent to each of the Governments of New 
England to desire them to appoint Commissioners to meet Commis- 
sioners to be appointed by this Government, to meet at Boston on 
the last Wednesday in January next to Concert measures for our 
mutual defence in this time of War and great danger. \^Passed 
December 24. 



CHAPTER 235. 

RESOLVE ALLOWING £20 TO THE DISTRICT OF GREENFIELD AND VOTE 
ASSESSING £20 TAX ON TOWN OF DEERFIELD. 



Legislative 
Records of the 
Council, xxii., 
164. Mass. 
Archives, 
cxvii., 37.5. 

Mass. 
Archives, 
cxvii., 374. 
House Jour- 
nal, pp. 192, 216, 
217, 228, 229. 



A Petition of Benjamin Hastings & others a Committee of the 
District of Greenfield; setting forth their distressed Circumstances 
by reason of their living on an exposed Frontier in this time of War, 
That although they lived at the distance of one, two, three and four 
miles from each other, they are obliged to draw together into a few 
contiguous Houses, and neglect their Farms or do their Husbandry 
business in a body for each other by turns to the great disadvantage 
of the whole, from which discouragements Seventeen of their Num- 
ber have left them, now leaving only thirty eight rateable polls, and 
that one full quarter part of all their Improvements lie neglected; 
Therefore praying Relief. 

Read and 

Resolved^ That in Consideration of the Inhabitants of the said 
District of Greenfield being so much reduced in their numbers and 
driven off from their Improvements by the War as mentioned, there 
be allowed & paid out of the public Treasury the sum of twenty 
pounds to y® Select Men of y* said District to be by them distributed 
to and amongst the said Inhabitants in proportion to what each one 
is taxed to the Province this present Year: 

And Also 

Voted That the Treasurer be and hereby is impowered and Directed 
to add the said sum of Twenty pounds to the Province Tax which 
shall be assessed on the Town of Deerfield in the next Year's Tax 
Act. [^Passed December 24. 



CHAPTER 236. 

ORDER IMPOWERING JOSHUA HENSHAW, ESQ", TO ACT AS TREASURER 

FOR SUFFOLK COUNTY. 



Rfford"of the ^ PETITION of Joshua Henshaw Esq' Administrator of the Estate 
Council! xxii.!' of Richard Bill Esq'' deceased Intestate; setting forth That the said 
A^chi^esTkix., Richard has for divers years past been and at the time of his decease 
634. was Treasurer for the County of Suffolk, that he received sundry 



[3d Sess.] Province Laws {Resolves^ etc.). — 1757-58. 105 

Sums and made divers disbursements for the same County the pres- House Jour, 
eut Year, for which in his Capacity aforesaid he is to Account; but ^it^^Ante,'^^^' 
apprehends he sliould be able to do it witli greater convenience both p^^«4,chap. 
to the County and himself if he could compleat the business of the 
Year; And praying that he may be enabled to Act as Treasurer of 
the County of SuSolk during the remaining part of the Year. 

Eead and 

Ordered, That the Prayer of this Pet'' be granted; And that the 
said Joshua Henshaw Esq"' be and hereby is Authorized to execute 
the Ottice of a County Treasurer for the County of Suffolk untill 
the time by Law appointed for the choice of County Treasurers, 
And that he shall be liable and held to Account in the same man- 
ner as County Treasurers are by Law to Account; And that he 
shall and may be sworn to the due Execution of his said Trust, at 
the next General Sessions of the peace for the County of Suffolk. 
[^Passed December 28. 



CHAPTEK 237. 

VOTE AND ORDER ACCEPTING REPORT OF COMMITTEE ON THE GEN- 
ERAL ACCOUNT OF THE PROVINCE TREASURER ENDING 26 MAY, 1756, 
AND DISCHARGING HIM OF £196,076. 18. 9. 

The Committee to whom was referred the Examination of the Legislative 
Accompts of Harrison Gray Esq"" Treasurer and Eeceiver General councf f xxii!^ 
of his Majesty's Eevenues within this province of the Massachu- lec. 
setts Bay in New England beginning the 28"^ May. 1755. and end- Mass. 
ing 26. may. 1756. having attended that Service, upon examining ^xiv^T8'o-452. 
the same find them right cast and well vouched by which it appears Q^Ttf 237^' 
that the said Accomptant charges himself with the sum of Twelve 
thousand six hundred twenty one pounds seven shillings and eight 
pence, being so much due for Taxes as represented by his last Ac- 
count; Also with the sum of Seventeen thousand four hundred sev- 
enty two pounds nineteen shillings and two pence, the ballance due 
from him by last Accounts; Also with a Tax of Thirty nine thou- 
sand one hundred and fifteen pounds fourteen shillings Granted by 
the General Court in May. 1755. Also with the further sum of Eigh- 
teen thousand pounds a Tax granted by the General Court at their 
Session in September: Also with the further sum of Sixty seven 
thousand one hundred twenty one pounds seven shillings and two 
pence borrowed of sundry persons by virtue of several Acts of the 
Government, Also with the sum of Twenty hundred thirty one 
pounds eight shillings and three pence received of the honourable 
Daniel Russell Esq'' Commissioner of the Impost; Also with the sum 
of Eight hundred ninety six pounds eighteen shillings and one penny 
received of James Russell Esq'' Commissioner of the Stamp Office; 
Also with the sum of Forty thousand pounds borrowed of his Ex- 
cellency William Shirley Esq'" Also with the further sum of Four- 
teen thousand and seventy two pounds tAvelve shillings and seven 
pence borrowed of sundry persons by virtue of several x\cts of the 
Government; Also with the sum of Five thousand six hundred and 
twenty nine pounds two shillings and two pence received of the sev- 
eral Farmers of Excise on Liquors &c. Also with the sum of Three 
hundred Forty four pounds four shillings and eight pence received 
of the several Farmers of Excise on Tea &c. x\lso with the sum of 
One hundred thirty seven pounds seven shillings and four pence 



106 



Province Laws {Resolves, etc.). — 1757-58. [Chap. 238.] 



received of Isaac Freeman being the ballance due from William 
Fletcher for the province Galley; Also with the sum of Nine hun- 
dred and three pounds thirteen shillings and nine pence received 
of sundry Colonels and Captains in the late Expedition, the respec- 
tive ballances due from them for Bounty Money and advance Wages 
which they received more than they disposed of; Also with the sum 
of One hundred and sixteen pounds sixteen shillings received of 
Col° John Winslow being the ballance due from him upon the Ken- 
nebeck Expedition ; Also with the Sum of Seventy three pounds five 
shillings and eleven pence received of the Commissioners of the 
£100,000 Loan and £50,000; Also with the Sum of Forty eight 
pounds fourteen shillings and six pence of Thomas Hutchinson 
Esq'' a Ballance due from M'' Lydius; Also with the sum of Twenty 
pounds received of Israel Williams Esq"' Executor to the Estate of 
Ephraim Williams Esq"" deceased, being a Ballance due from him 
to the province ; Also with the sum of Thirty six pounds sixteen 
shillings and six pence received of sundry Justices & Sheriffs for 
Fines, All which Sums Amount to Two hundred & eighteen Thou- 
sand six hundred forty two pounds seven shillings and nine pence. 

The Committee further find that the said Accomptant discharges 
himself by sundry payments and disbursments by order of the Gov- 
ernor with the Advice of the Council Amounting to One Hundred 
forty six thousand nine hundred forty one pounds four shillings and 
two pence ; Also by sundry Government Securities burnt by the hon- 
ourable Committee of the General Court Amounting with Interest 
to Fifteen thousand and twenty seven pounds five shillings and 
eleven pence ; Also by Eleven hundred thirty six pounds one shil- 
ling and eleven pence paid sundry persons for Interest; Also by 
Abatement made sundry Collectors and Constables amounting to 
Twenty seven pounds eight shillings and ten pence; and by the 
Taxes still outstanding amounting to Thirty two thousand nine hun- 
dred and forty four pounds Seventeen shillings and eleven pence, 
and by a Ballance in hand further to Account for Twenty two thou- 
sand five hundred sixty five pounds nine shillings Amounting in the 
whole to Two hundred eighteen Thousand six hundred forty two 
pounds seven shillings and nine pence. 

Voted and 

Ordered That the foregoing accounts of the Treasurer and Ee- 
ceiver General beginning the 28 May. 1755. and ending the 26 May. 
1756. be Accepted and he be discharged of the several Sums men- 
tioned therein Amounting to One hundred ninety six thousand 
seventy six pounds eighteen shillings and nine pence ; And that he 
be further Accountable to the province for the sum of Twenty two 
thousand five hundred sixty five pounds nine shillings the ballance 
of the said Account remaining in his hands. \^Passed December 29, 



CHAPTEE 238. 



RESOLVE ACCEPTING REPORT OF COMMITTEE ON THE GENERAL AC- 
COUNT OF THE PROVINCE TREASURER ENDING 25 MAY, 1757, AND 
DISCHARGING HIM OF £197,326. 9. 10. 

Records o?the "^"^^^ COMMITTEE to whoni was referred the Examination of the 

Council, xxii., Accompts of Harrison Gray Esq"" Treasurer and Receiver General 

Archives.^' of liis Majesty's Eevenues within this province of the Massachu- 

cxxiv.. 501. setts Bay in New England beginning the 26* May. 1756. ending 



[3d Sess.] Province Laws {Resolves^ etc.). — 1757-58. 107 

the So*** May. 1757. having attended that Service upon examining Mass. 
the same find them right Cast and well vouched by which it appears tl'^H^'.^m. 
that the said Accomptant charges himself with the sum of Thirty ^^il'^^® "^,^ur. 

, -. iiTrt, rt 1 I'll' nai, pp. iiOf AiOi 

two thousand nine hundred forty lour pounds seventeen shillings 227. 
and eleven pence being so much due for Taxes as represented by his 
last Accompts; Also with the sum of Twenty two thousand five hun- 
dred sixty five pounds nine shillings, the Ballance due from him by 
last Accompts; Also with a Tax of Fifty eight thousand seven hun- 
dred pounds eleven shillings and four pence levied upon Polls and 
Estates by force of an Act of the General Court, at their Session 
in May. 1756. Also with the Sum of Ninety four thousand one hun- 
dred eighty one pounds five shillings and three pence being Money 
borrowed of sundry persons by virtue of several Acts of the Gov- 
ernment; Also with the sum of Two thousand two hundred forty 
one pounds eleven shillings and nine pence received of the honour- 
able Daniel Eussell Esq'' Commissioner of the Impost; Also with 
the sum of Four hundred sixty seven pounds three shillings and 
five pence received of James Russell Esq'' Commissioner of the 
Stamp Office; Also with the sum of One thousand six hundred 
twenty seven pounds three shillings and nine pence received of sun- 
dry Colonels and Captains who received Money out of the Treasury 
to inlist men in the Expedition in 1756, more than they disposed 
of for that purpose; With the sum of Six thousand nine hundred 
eighteen pounds thirteen shillings and five pence received of sundry 
Farmers for the Excise upon Spirituous Liquors; With the Sum of 
Sixty eight thousand seven hundred forty four pounds seven shil- 
lings and six pence received of Charles Apthorp Esq"" being this 
province's proportion of the parliamentary Grant; With the sum 
of Sixteen pounds thirteen shillings received for Lands; With the 
sum of Forty two pounds four shillings and eight pence received 
of David Ingersol Esq"^ being so much he wrongfully took out of 
the Treasury by virtue of a Cat Bill Also with the sum of Six hun- 
dred thirty six pounds ten shillings received for Excise upon Tea; 
Also with the sum of Two hundred twenty two pounds seventeen 
shillings received of Col° Williams and Col" Chandler for billeting 
money which they received more than they disposed of; Also with 
the sum of Twenty pounds received of Thomas Hutchinson Esq'' 
on Account of the £100,000 Loan with the sum of Twenty eight 
pounds received of Capt. John Frye for mistakes in his Roll; With 
the sum of Two pounds four shillings received of sundry Justices 
for Fines; all which sums amount to Two hundred eighty nine 
thousand three hundred fifty nine pounds twelve shillings. 

The Committee further find that the said Accomptant discharges 
himself by sundry payments and disbursments by order of the Gov- 
ernor with the advice of the Council, amounting to One hundred 
and thirty seven thousand seven hundred and eleven pounds two 
shillings; Also by sundry Government Securities burnt by the hon- 
ourable Committee of the General Court amounting with Interest 
to Twenty five thousand one hundred seventy two pounds eight shil- 
lings and three pence ; Also with Two thousand five hundred fifty 
three pounds eleven shillings and three pence paid sundry persons 
for One years Interest on Government Notes; also by Abatements 
made sundry Collectors and Constables amounting to One hundred 
fifty three pounds fourteen shillings; Also by Taxes still outstand- 
ing amounting to Thirty one thousand seven hundred thirty five 
pounds fourteen shillings and four pence; And by Ballance in hand 



108 



Province \jKyf8 {Resolves, etc.). — 1757-58. [Chaps. 239, 240.] 



further to Account for Ninety two thousand thirty three pounds 
two shillings and two pence; Amovmting in the whole to Two hun- 
dred eighty nine thousand three hundred fifty nine pounds twelve 
shillings. 

Tho^ Hubbaed ^ Order. 

Eead, and Accepted & 

Resolved^ That the foregoing Account of Harrison Gray Esq"" 
Treasurer of this Province be allowed; & that he be accordingly 
discharged of the several Sums abovemention'd, amounting to One 
hundred and Ninety Seven thousand three hundred and twenty six 
Pounds nine Shillings and ten pence ; And that the Balance thereof 
being Ninety two Thousand & thirty three Pounds two Shillings and 
two pence he be further accountable to the province for. [Passed 
December 29. 



CHAPTER 239 



RESOLVE ALLOWING £15 TO JOSIAH LOOMIS. 



Legislative 
Records of the 
Council, xxii., 
171. 

House Jour- 
nal, p. 29 
(June, 1756) ; 
p. 239. 



A Petition of Josiah Loomis living on province Land West of 
Sheffield; setting forth that on or about the 16* day of April, 1755. 
being then and there in the Execution of his Office as Deputy Sheriff 
he was assaulted by a number of persons appearing in a riotous man- 
ner and committed to the Common Goal in the City of Albany with- 
out reading or shewing any precept for their so doing, That after 
thirty days the petitioner was attached at the Suit of George Eos- 
man for false Imprisonment whom he had committed to Springfield 
Goal in February preceeding by Warrant from lawful Authority; 
That he was also Arrested as a Trespasser on the Lands abovemen- 
tioned at the Suit of Eobert Livingston Esq"" and confined there- 
upon till the 22*^ of August, when he was released paying near Seven 
pounds York Currency as Cost and giving Bond for Sixty two pounds 
more or upwards; And praying Eelief. 

Eead and 

Resolved That the prayer of this petition be so far granted as that 
there be allowed and paid out of the publick Treasury to the peti- 
tioner the sum of Fifteen pounds in full Consideration of his Ex- 
pences and Sufferings mentioned. [Passed December SO. 



CHAPTER 240. 



ORDER ACCEPTING REPORT OF COMMITTEE OF PAYQUAGE AND GRANT- 
ING AND CONFIRMING LANDS THEREIN. 



Legislative 
Records of the 
Council, xxii., 
172. 

House Jour- 
nal, pp. 231, 232, 
233, 234. Prov- 
ince LavFS, XV., 
683, chap, 394. 



The Committee on the Affairs of the New Township of Paquaog in 
the County of Worcester made a further report to the Court. Signed 
John Chandler. John Worthington, and is as follows. Viz'' 

That on four of the six rights there last mentioned in their Eeport 
of the 21 February last as reserved for further Consideration the 
Committee have proceeded thereon as follows, Viz* 

On the Eight originally proposed to be granted to Israel Ham- 
mond, the Committee find the House Lot and Meadow Lot thereof 



[3d Sess.] Province IjAws (liesolves, etc.). — 1757-58. 109 

sold to One Samuel Dexter; and the Residue of said Right after sun- 
dry mean Conveyances to have been sold to one Jason Babcock; that 
no improvements have been made thereon, saving wliat was done 
voluntarily on the House Lot by one Hunter, the purchaser thereof, 
and that much of the Taxes set thereon are unpaid ; The Committee 
therefore sold the whole of the Right excepting said House Lot and 
Meadow Lot to said Jason Babcock at publick Vendue for the sum 
of Fifteen pounds six shillings and eight pence; Four pounds two 
sliillings and eight pence of which is for the Use of the jirovince, 
the residue thereof to pay the Taxes aforesaid in Arrear, And the 
said Jason secured the said Sums & further gave Bond for perform- 
ing a Settlement on some part of said Right in such manner as men- 
tioned in the former Report : 

The Committee therefore propose that the said House Lot and 
Meadow Lot should be confirmed to said Samuel Dexter and his 
Assigns, And the Residue of said Right to said Jason his Heirs 
and Assigns. 

On the Right originally proposed for Nehemiah Wright, The Com- 
mittee found that One Lot thereof was long since Sold to one Abner 
Lee, that he had made very considerable Improvements thereon; that 
one Dexter had given Bond to the supposed Owner of the Residue 
of said Right to perform the Duty of Settling and had failed ; that 
four pounds four shillings and two pence half penny of the Taxes 
set thereon was in Arrear, the Committee therefore sold the whole 
of said Right to said Abner Lee, the highest bidder therefor, for 
the sum of Twenty one pounds nine shillings to pay said Taxes, 
and Residue to be for the Use of the province, they therefore pro- 
pose that the same be granted and confirmed to said Abner accord- 
ingly. 

On the Right originally proposed for John Hadley the Committee 

find that the said Right was originally sold to Jonathan Green, who 
sold the House Lot thereof to Robert Marble after performing- all 
Duty thereon (actual Residence only excepted) They also find that 
said Jon'* Green has since Sold the Residue of said Right, and that 
the same is now holden by Deed from him, and the said Jonathan 
Green having paid three pounds to the Committee for the Use of 
the province, and having procured one Luxford Goodwin to give 
Bond for performing a Settlement in usual manner on some part 
of said Right exclusive of the House Lot. The Committee report 
that said House Lot be confirmed to said Robert Marble and his 
Heirs and the Residvie of said Right to Jonathan Green and his 
Assigns. 

On the Right originally proposed for Richard Ward, the Com- 
mittee found that very considerable Improvements were early made 
thereon by Jason Babcock, the Assignee of said Richard and that 
while he was labouring thereon he was captivated by the Indian 
Enemy, and finding the duty of Settlement &c. by him wholly per- 
formed since, report that the said Right be confirmed to the said 
Jason his heirs and Assigns. And as to the remaining two of 

the said six Rights The Committee found the Circumstances thereof 
to be so peculiar they apprehended they could not proceed to any 
determination respecting them at present, consistent with the design 
of their Commission, and the Interst of the Plantation. 

And Whereas they were directed to make Sale of so much of the 
several Rights there (heretofore confirmed by the honourable Court) 
as should be necessary for paying any arrears of Taxes set thereon; 



110 Province Laws (i?eso?i;es,ete.). — 1757-58. [Chap. 240.] 

And as the Owners of sundry of said Eights have neglected to pay 
the Taxes set thereon, at least in part; and as it was to the mani- 
fest damage of said plantation, that the same should be longer in 
Arrear; The Committee have accordingly proceeded to make Sale 
of part thereof for that purpose. Viz* 

The Eight originally granted to Daniel Adams was in Arrear the 
sum of Two pounds and five pence, the Committee therefore sold 
the thirty Acre Lot of said Eight being Number 58. lying on West 
pequoag Hill to Timothy Paine Esq"^ of Worcester for two pounds 
seventeen shillings for paying said Taxes and Cost being two pounds 
three shillings and one penny, and report that the same be confirmed 
to him accordingly. 

On the Eight originally granted to James Holden, the Committee 
found that of the Taxes set thereon; the sum of Six pounds two 
shillings and three pence half penny was in Arrear; they therefore 
Sold the 100 Acre Lot of that Eight to Timothy Paine Esq"" to pay 
said Taxes and Cost being Six pounds five shillings. 

On the Eight originally called Joseph Brown's, the Committee 
found one pound three shillings and two pence farthing of the Taxes 
set thereon, yet in Arrear and unpaid, which with the Charges thereon 
made twenty six shillings, they therefore sold twenty six Acres of 
the 100 Acre Lot of said Eight at 12'^ p Acre to said Timothy paine 
Esq"^ to pay the same ; And also 

On the Eight originally proposed for John Cutting, the Com- 
mittee sold the House Lot and the ten Acre Lot thereof to Timothy 
Paine Esq"^ to pay the Taxes thereon that were in Arrear; and they 
humbly propose that said several parcels of Land so sold to said 
Timothy should be confirmed to him accordingly. And 

On the Eight originally called Daniel Fiske's, the Committee sold 
the thirty Acre Lot thereof to M'' Phineas Howard; one of the 
Committee, and highest bidder therefor for three pounds twelve 
shillings for the payment of the Taxes set thereon and unpaid ; and 
propose that the same should be confirmed to him accordingly. 

Also the Committee beg leave to inform; that on the three Eights 
mentioned in their former Eeport as sold to John Murray Esq'' for 
the sum of Seventy pounds thirteen shillings and four pence, there 
was due to said Proprietors of said Plantations for Taxes set on 
those Eights and then in Arrear the sum of thirty one pounds four 
shillings, which the Committee proposed should be paid out of the 
proceeds of said Sale; And the Eesidue being Thirty nine pounds 
nine shillings and four pence, should be for the use of the prov- 
ince; and they took said Murray's Obligations to the respective 
Treasurers for their respective Sums accordingly, and Submit their 
Conduct herein to Consideration. 

And have only to add That they beg pardon for an Error that 
by Accident or inattention they committed in their former Eeport, 
in the description of two of the Eights therein mentioned by their 
mistaking the Christian names of two of the persons to whom said 
Eights were originally proposed to be granted, and so inserting the 
name of John MacKenny instead of James, and the name of Daniel 
Fiske instead of Isaac, and they pray that their former Eeport may 
be considered with this Correction and Amendment : And that 
whereas they were then ignorant of the name of one of the Sons 
of Jonathan page, mentioned in said Eeport as a Grantee with his 
Brother Joseph of part of the Eight originally proposed for his 
Father, and So were obliged to leave a Blank therefor in said Ee- 



[3d Sess.] Province Laws (^Resolves, etc). — 1757-58. IH 

port, they would now inform that William Page was the person 
the Committee designed, and pray said Omission may be supplied 
accordingly. 

Read and 

Ordered that this Report be Accepted, and that the Lands by said 
Committee therein reported to be granted and confirmed: be and 
hereby are granted and confirmed to the respective persons therein 
mentioned accordingly. \_Passed December 30. 



CHAPTEE 241. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO FRANCIS 

KEEN. 

A Petition of Francis Keen of Pembroke ; setting forth that he Legislative 
was a Soldier in the Crown point Expedition in 1756. and being Sick councif xx^i^ 
and unable to take care of himself lost his Gun, for which Four ne. 
pounds has been stopped from his Wages ; And praying Relief. Province 

Read and ^h\^! 'm' ^^^' 

Ordered That the Treasurer be directed to pay to M"" Josiah Keen 
for the petitioners Use the Four pounds stopped out of the Wages 
due to him on the last Crown point Expedition on Account of his 
Arms not being returned.^ [Passed January 2. 



CHAPTER 242. 

ORDER GRANTING TO JOSEPH PARKER LICENCE TO KEEP AN INN. 

A Petition of Joseph Parker of Falmouth in the County of Legislative 
York setting forth. That the Court of General Sessions of the councn.xin.? 
peace for said County have established a Ferry in Falmouth, and Archivercxi 
the Selectmen of said Town have agreed with him to keep the ^07- 
same, and have likewise approved of his keeping a House of pub- House Jour, 
lick Entertainment near said Ferry, which is very much needed °^^»p-241- 
for the Accommodation of Travellers, And praying that the Court 
of General Sessions of the peace next to be holden for said County 
may be impowered to grant him a Licence for that purpose, the 
Time for granting Licences being elapsed notwithstanding. 

Read and 

Ordered^ That the Prayer of this Petition be so far granted, as 
that the Justices of the Court of general Sessions of the peace for 
the County of York, be and hereby are impowered, at their Adjourn- 
ment on the second day of Feb'' next, to grant the Pef a Licence 
(if they see fit) to keep an house of public Entertainment, in the 
Town of Falmouth, he first obtaining the Approbation of the Select 
men of said Town, the Time for granting Licences being elapsed 
notwithstanding. [Passed January 2. 

' Not found in the House Journal. 



112 



Province Laws [Besolves, etc.). — 1757-58. [Chaps. 243-2-4:5.] 



CHAPTER 243. 



ORDER GRANTING SAMUEL TORREY LICENCE TO SELL STRONG DRINK. 



Legislative 
Records of the 
Council, xxii., 
178. Mass. 
Archives, cxx., 
189. 

Mass. 

Archives, cxx., 
188. House 
Journal, p. 245. 



A Petition of Samuel Torrey; praying that he may be allowed 
to retail Spirituous Liquors at his Dwelling house in Boston, to 
enable him more comfortably to Maintain himself and Family under 
his present infirm state of Health. 

Eead and 

Ordered y* the prayer of the Pet" be so far Granted as that the 
Justices of the General Sessions of the peace for the County of 
Suffolk at their Sessions on the first Tuesday of January Instant 
be and they hereby are authorized and impowered (if they see fit) 
to grant the Pef a Licence to retail Strong Liquors the time for 
granting Licences being elapsed notwithstand^. [Passed January 2. 



CHAPTER 244. 



ORDER IMPOWERING HANNAH EELLS, GUARDIAN, TO SELL REAL 

ESTATE. 



Legislative 
Records of the 
Council, xxii., 

178. 

House Jour- 
nal, pp. 228, 242. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Hannah Eells of Hanover in the County of Plym- 
outh Widow Guardian to her three daughters, who are Minors; set- 
ting forth that they are interested about One Acre each in a Tract 
of Land, lying in the Town of Scituate in Common with others and 
undivided ; that the same is so circumstanced, that no profit is likely 
to arise to them therefrom and a good opportunity now j)resents for 
Selling the same to Advantage; and praying she may be impowered 
to Sell the premisses, the Money arising thereby to be improved for 
the benefit of said Minors. 

Eead and 

Ordered That the prayer of this petition be granted ; and that 
the petitioner be and She hereby is impowered in her said Capacity 
to make Sale of the Lands mentioned for the most the same will 
fetch; She observing the directions of the Law respecting the Sale 
of Eeal Estates by Executors & Administrators and to make and 
execute a good and sufficient deed or deeds for Conveying the prem- 
isses to such person or persons as shall purchase the same, She first 
giving caution to the Judge of probate for the County of Plymouth 
For the proper Distribution of the proceeds of such Sale to and 
among the said Minors as they shall respectively Arrive at full Age 
or to their lawful Heirs. [Passed January 3. 



CHAPTER 245. 



RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxii., 
179. 

Mass. 
Archives, 



Resolved that there be allowed and paid out of the publick Treas- 
ury to M' Samuel King for the use of Nathaniel Collins Three 
pounds; for the Use of Nathaniel Cooley forty shillings; for the 
Use of Trennance Webber fifty nine shillings ; for the use of Joseph 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 113 

Belknap fifty shillings; for the Use of Anthony Needham forty three ixxvi.,i6o,2-22, 
shillings; for the nse of Freeborn Moulton fifteen shillings; and for 493; oo"'; ^**'^* 
the use of Tristram Davis Four pounds; To Capt. Ithamar Ilubbcll i^W'vl''^'' '■^2' 
for the use of Stephen Dewey and Nathan^ Kellog thirty six sliil- 28,' '2i)| so', Tit', ' 
lings; for the use of John Iluggins three pounds three shillings; m) 194', 218' 2i»| 
and for the use of Thomas Whitney Three pounds two shillings; ^sh, 242, 200/258! 
To M' Fellows Billing for the use of Caleb Smith twenty one shil- mA\\m\-d-2-i,-iu\ 
lings; for the use of Belah Graves Six pounds seven shillings; for ffou^e journal 
the use of Daniel Crawfoot eighteen shillings & eight pence; for pp-'^2,243. 
the use of Richard Montague twenty four shillings; and for the use 
of Samuel Hawley Three pounds eighteen shillings & eight pence; 
and for the Use of Abner Cooley fifty one shillings; To Samuel 
White Esq'' for the use of John Danforth three pounds one shil- 
ling; for the use of John White four pounds ten shillings; for the 
use of Isaac Lincoln Jun'' five pounds; for the use of Elijah Hatch 
three pounds ten shillings; and for the use of Elkanah Smith thirty 
six shillings; To John Worthington Esq'' for the use of Ebenezer 
Day fourteen shillings and two pence ; for the Use of Daniel Wright 
forty six shillings and eight pence; for the use of Robert Hassard 
nineteen shillings; and for the use of Simon Smith twenty four 
shillings; To Timothy Paine Esq'' for the use of Experience Stock- 
well forty two shillings; for the use of Samuel Smith fifty six shil- 
lings ; and for the Use of Edward Lyon Three pounds ; To Capt. 
Jabez Upham for the use of Josiah Beaman thirty one shillings; 
for the use of Ebenezer Luce twenty shillings and four pence ; and 
for the use of Simeon Bacon forty shillings and eight pence ; To 
Capt. Nathaniel Sumner for the use of Mary Blackman Six pounds; 
To William Lawrence Esq"" for the Use of Joseph Baker four pounds 
ten shillings; To Capt. Joseph Williams for the use of John Thwing 
five pounds nineteen shillings and six pence; To M"" Eliphalet Whit- 
ing for the use of Michael Ware Three pounds five shillings and six 
pence ; To Thomas Greenwood Esq"" for the use of Joshua Fuller 
thirty four shillings and six pence ; To M'' Josiah Keen for the use 
of Francis Keen three pounds; To Capt. Nathaniel Smith for the 
use of Sylvester Richmond fifty five shillings and three pence, half 
penny, To M' Matthew Noble for the use of John Bement twenty 
four shillings; To M"" Josiah Maxey for the use of Elijah Ingraham 
five pounds; To Capt. Joshua Hutchins for the use of John Darling 
jun'' fifty six shillings; To M'' David Marsh for the use of Ichabod 
perkins forty shillings and six pence ; To Isaac Merrill Esq'' for the ' 
use of Andrew Flood Three pounds fifteen shillings; To M'' Ebenezer 
Stetson for the use of Matthew Briggs jun'' three pounds seventeen 
shillings and four pence; and to Nathaniel Stone Esq'' for the Use 
of Henry Wilson three pounds ten shillings and four pence, being 
in full consideration of the Expences in their respective petitions 
mentioned. [Passed January 3. 



CHAPTER 246. 

RESOLVE ALLOWING NATH'- RICHARDSON £5. 17 AND FURTHER SUMS 

OF 12/ AND £4. 

A Petition of Nathaniel Richardson of Townshend, setting forth, ^^8'^'?"!?,u, 

,1,1 01T -,11 /-^■ • -I-. T- 1 -, • Records of the 

that he was a Soldier m the late Crown point Expedition ; that being council, xxii., 



114 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 247, 248.] 



Archives, 
Ixxvii., 158. 

Mass. 
Archives, 
Ixxvii., 157-159, 
House Jour- 
nal, p. 243. 
Province 
Laws, XV., 367, 
chap. 97 ; 695, 
chap. 416. 



taken Sick at Fort William Henry he lay there fifteen days after the 
Forces were dismissed in November, and after that remained Sick 
on the Road and at length got home in February and continued Sick 
till tlie last of March, during all which time he was at great Expence 
for Doctors, and likewise for Horses and Subsistence on the Road; 
And further setting forth, that Four pounds has been deducted from 
his Wages for his Guns not being returned into the province Store, 
when in fact he carried his own Gun, and was on that Account intitled 
to some Allowance; And praying Relief. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to William Lawrence Esq'" for the use of the Petitioner the sum 
of five pounds seventeen shillings in consideration of his Sufferings 
and Expences mentioned whilst in the service on the last Crown-point 
Expedition with the further Sum of twelve Shillings for the use of 
his Gun : Also That the Treasurer be directed to pay the four Pounds 
which by mistake was stopped out of the wages due to him on said 
Expedition on Ace" of his Arms not being returned. \^Passed 
January 3. 



CHAPTER 247. 

VOTE DESIRING HIS EXCELLENCY THE GOVERNOR TO ISSUE HIS WAR- 
RANT FOR THE PAYMENT OF WAGES OF OFFICERS AND CREW OF 
PROVINCE SHIP KING GEORGE AND ALSO BILLS OF THE PROVINCE 
SHIP AND SNOW. 



Legislative 
Records of the 
Council, xxii., 
181. 

Province 
Laws, iii., 989, 
chap. 12; 1031, 
chap. 29; 1066, 
note. House 
Journal, p. 244. 



Voted That his Excellency the Governor with the Advice of hia 
Majesty's Council be desired to issue his Warrant on the Treasury 
for payment of the Officers and Seamen who have been employed 
in the Service on board the province Ship King George, and also 
such Tradesmens and other Bills for the province Ship and Snow 
as the Grants for building said Vessels are insufficient to discharge; 
out of the Appropriation for the Eighteen hundred men raised by 
this Government for his Majesty's Service under the Command of 
his Excellency the Earl of Loudoun. \_Passed January 5. 



CHAPTER 248. 



ORDER IMPOWERING ENOCH FREEMAN, ADM^, TO SELL REAL ESTATE. 



Legislative 
Records of the 
Council, xxii., 
182. 

House Jour- 
nal, pp. 254, 255, 
257. Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Enoch Freeman Esq' of Falmouth in the County 
of York Administrator of the Estate of Col" Thomas Westbrook, 
setting forth That the deceaseds Estate is represented Insolvent; 
That he petitioned the Justices of the Superiour Court at their 
Session at York in June last for Licence to Sell so much of the 
deceaseds Real Estate as should be sufficient to pay the Debts ac- 
cording to the List of Claims reported to the Judge of probate; 
That a great part of said Real Estate was mortgaged to M"" Joseph 
Sherburne of Boston as Security to indemnify him on Account of 
his being bound for said Westbrook to Samuel Waldo Esq"" but it 
not appearing before the Justices of the Superiour Court what real 
damage said Sherburne had sustained thereby, the Court deferred 
their Judgment upon it; That his damage is now settled at Five 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58- 115 

hundred and Twenty five pounds, and the Claims reported to the 
Judge of Probate Amounting to £366.8.8 the whole Amount of the 
deceaseds Debts is Seven hundred thirty one pounds thirteen shil- 
lings and four pence more than his personal Estate; And praying 
that he may be impowered to sell said mortgaged Lands and as 
much more as will be sufficient to discharge the Debts as aforesaid. 

Read and 

Ordered That the prayer of this Petition be so far granted as 
that the petitioner be and hereby is allowed to make Sale of so 
much of the Real Estate of said deceased including said mortgaged 
Estate as is sufficient to pay his debts; and make and execute a 
good and sufficient deed or deeds in Law for Conveyance thereof, 
the said Enoch observing the Laws relating to the Sale of Real 
Estates by Executors and Administrators. {^Passed January 6. 



CHAPTER 249. 

ORDER ALLOWING JAMES HOWARD THE PAY OF A LIEUT. 

A Petition of James Howard of Fort Western in Kennebeck R|foi.|jfof the 
River; setting forth, the hard Service of the Garrison posted there, council, xxii., 
and the necessity of more Officers to perform the same; And pray- ArcWveBT 
ing an Allowance accordingly. ixxvii., 204. 

Read and Mass. 

A.rcnivGS 

Ordered, That the Prayer of this Petition be so far granted, as ixxvii.,262. 
that the Petitioner be and hereby is allowed to receive Lieutenant's ^a^i)^ppf2°6/253, 
pay from the Time of Making up his Roll in June 1756, to this 2^4. 
Time, and so to the time of making up his next Roll, provided he 
be Continued in his Command at the Store-house at Cushnoc untill 
that Time, And Also to make up one Serjeant and one Corporal for 
the time aforesaid, including what they have received as private Sol- 
diers. [Passed January 6. 



CHAPTER 250. 

RESOLVE ALLOWING £15 AND A FURTHER SUM OF 20/ TO WILLIAM ROSS. 

A Petition of William Ross in behalf of himself and his two Legislative 
Sons John Ross and Robert Ross; setting forth. That they being councif, xxil? 
at Work in the Field in Sheepscut in May, 1755. were Captivated iss. Mass. 
by the Indian Enemy and carried to Quebec and sold to the French ixxvu., 354. 
at the rate of 250 Livres each, to discharge which Sum he and his Mass. 
Eldest Son served two Years and that CoP Schuyler advanced that ^^^^'^l^s. 
Sum for the Redemption of his Youngest Son, upon the petitioners House 'jour- 

i- 1- ,^« -L rr.\ J. • T111.J.1; i. ' nal,pp.242,250. 

giving him his note for it; That m July last they were sent in a posV, p. 125, 
Flag of Truce to England, from whence they went to Ireland and chap. 377. 
thence to New York and so to Boston; That by reason of his hard- 
ships he is become lame and infirm and unable to discharge his Obli- 
gation to Col° Schuyler : And praying Relief. 

Read & 

Resolved that in Consideration of the Pef'^ great Sufferings and 
Loss as mentioned in his said Petition, there be granted and paid 



116 Province Laws {Resolves, etc.). — 1757-58. [Chaps. 251, 252.] 

to him or his Order out of the public Treasury the Sum of Fifteen 
Pounds to enable him to discharge his Obligation to the Hon^'*^ Peter 
Schuyler Esq' for the 250 Livres by him advanced to the Petitioner 
for the Redemption of his said Son Robert, and that there be twenty 
Shillings more allowed & paid him out of the public Treasury, to 
bear his Expence to his own Habitation. \^Passed January 6. 



CHAPTER 251. 

ORDER IMPOWERING SAMUEL THACHER TO EXCHANGE LANDS. 

Record"of the ^ PETITION of Samuel Thacher of Middleborough in the County 
Council, xxii., of Plymouth ; setting forth that his Son peter Thacher is interested in 

^ Right of his deceased Mother with others in certain Lots of Land in 

nai^ppaeMso. s^id Middleborough which descended to her from Capt. Peter Bennet 
deceased, but they are so divided as to render them incapable of being 
improved to the minors Advantage ; And praying he may be enabled 
to exchange the minors Shares, so as to bring the whole into one 
body capable of improvement. 
Read and 

Ordered That the prayer of this petition be so far granted as that 
the petitioner be and he hereby is Authorized and impowered to make 
an Exchange of the Lands mentioned, and to make and execute a 
good and sufficient deed or deeds of Conveyance thereof; provided 
that the Deeds of the Lands which he shall receive in Exchange 
for those he shall Convey be taken in the name of the said Minor. 
[Passed January 6. 



CHAPTER 252 

ORDER IMPOWERING SELECTMEN OF THE TOWN OF NEEDHAM TO 
REMOVE FRENCH INHABITANTS TO TOWN OF STOUGHTON, AND 
IMPOWERING SELECTMEN OF STOUGHTON TO REMOVE FRENCH IN- 
HABITANTS TO WRENTHAM. 

Legislative A PETITION of Amos Fuller and others Selectmen of the Town 

Council, xxii., of Nccdham, setting forth. That there were five of the Nova Scotia 

Archi^ves?' French People placed there by the Government in, 1756. instead 

xxiii., 575. of which number there were twelve sent by the Sheriff and one 

Mass. added since, and as their Town is small, praying that some of them 

xxm!i*574. may be removed elsewhere. 

House Jour. "RpTfl and 

nal pp.220 221 xtccH-1, uiiiv-i 

23o,'249,'25i! ' Ordered, That the Prayer of this Petition be so far granted, as 

Laws.Tv*!, 97, that the Select-Men of Needham have liberty to remove seven of 

chap' eio'*'^^' ^^® ^^^^ french persons from Needham to Stoughton; And that the 

Select Men of Stoughton be and hereby are directed to receive the 

said seven persons so removed under their Care: And 

Whereas there are Already three of the late french Inhabitants 
of Nova Scotia at Stoughton and but two at Wrentham, it is further 
Ordered, That the Select Men of Stoughton (on receiving the 
said seven persons) have leave to remove the aforesaid three per- 
sons to Wrentham And that the Select Men of Wrentham be and 
hereby are directed to recieve the same under their Care. [Passed 
January 6. 



chap. 10. 



[3d Sess.] Province Laws (liesolveSy etc.), — 1757-58. 117 



CHAPTER 253. 

ORDER IMPOWERING SARAH RICHARDSON, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Richardson Widow & Administratrix of the Legislative 
Estate of her late Husband M' Josiah Richardson Jun"" late of Dracut councu xxil'^ 
in the County of Middlesex deceased, setting forth That She hath i«6. ' ' '' 
obtained leave of the Superiour Court for Selling of the deceaseds House Jour- 
Real Estate to the xlmount of Seventy six pounds 14/9 to enable province'*' ^^^" 
her to pay the Debts of the deceased; That She hath been in vain ^v,*^,®'/^''' ^^^' 
endeavouring to make Sale thereof, That the whole was Apprized 
at no more than Two hundred and twenty pounds, a considerable 
part of Avhich consists of Buildings that are going to decay; That 
the deceased left Issue only one daughter an Infant of about ten 
months old, and that it would be greatly for her Interest to Sell the 
whole and improve the Overplus of the produce, after the Debts are 
paid, at Interest And praying leave accordingly. 

Read and 

Ordered That the prayer of this petition be so far granted, as that 
the petitioner in her said Capacity as Administratrix be and hereby 
is Authorized and impowered to make Sale of the Real Estate men- 
tioned for the most the same will fetch, and to make and execute 
a good and sufticient deed or deeds for Conveyance thereof; She 
observing the Law respecting the Sale of Real Estates by Exec- 
utors and Administrators, and giving sufficient caution to the Judge 
of probate for the County of Middlesex that the produce arising by 
said Sale shall be secured for the right Heir of the said deceased 
Viz^ The remainder of the two thirds after the payment of the just 
Debts of the said deceased, and the other third after the Decease 
of the said Widow. [Passed January 6. 



CHAPTER 254. 

ORDER IMPOWERING SELECTMEN OF BOXFORD TO REMOVE FRENCH 
INHABITANTS TO TOWN OF MIDDLETON. 

A Petition of Thomas Perley and others Selectmen of the Town Legislative 
of Boxford; praying that some of the N"ova Scotia French persons councif xxi?^ 
in that Town may be removed elsewhere. iss. Mass. 

Read and ^?^S. 

Ordered, That the Prayer of this Petition be so far granted as House Jour- 
that the Select Men of the said Town of Boxford, have liberty, if nai, pp. i56, 254. 
they see Cause, to remove six of the french people mentioned, that 
have been sent to them, to the Town of Middleton Viz* Ommer 
Landerie, his wife and Family; And the Select Men of the said 
Town of Middleton are hereby directed to receive the said Ommer 
Landerie and his family Accordingly. [Passed January 6. 



118 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 255-257.] 



CHAPTER 255. 



RESOLVE ALLOWING £14 TO ABRAHAM JOHNSON. 



Legislative 
Records of the 
Council, xxii., 
189. Mass. 
Archives, 
Ixxvii., 349. 

Mass. 
Archives, 
Ixxvii., 349. 
House Jour- 
nal, pp. 252, 257. 



A Petition of Abraham Johnson a Soldier in the late Crown 
point Expedition; praying an allowance for his Sufferings and 
Expences while in the Service of the Government: 

Head and 

Resolved, That there be allowed & paid out of the public Treas- 
ury to the Petitioner the sum of fourteen pounds in Consideration 
of his Sufferings And expences mentioned, after his return from 
the Army raised for the Expedition against Crown point, in the 
Year 1755. \^Passed January 6. 



Legislative 
Records of the 
Council, xxii., 
189. Mass. 
Archives, 
Ixxvii., 263. 

House Jour- 
nal, pp. 216, 247. 



CHAPTER 256. 

RESOLVE ALLOWING 16/ TO MATTHEW NOBLE. 

A Petition of Matthew Noble of Westfield, setting forth That 
his Servant Abel Drake went in the Crown point Expedition the 
last year in Capt. John Moselys Company and was made up fifteen 
days short in the Muster Roll and after his return home was inca- 
pable of business for two Months ; And praying an Allowance. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to the Petitioner the sum of Sixteen shillings being in full for 
the fifteen days Wages omitted in the Muster Roll of the Company 
his said Servant belonged to, on the last Crown-point Expedition. 
[Passed January 7. 



CHAPTER 257. 



RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxii., 
189. 

Mass. 
Archives, 
lxxvi.,255,357, 
466; Ixxvii., 
147, 156, 186, 187, 
215, 222. 
House Jour- 
nal, pp. 251, 252. 



Resolved That there be allowed and paid out of the publick Treas- 
ury to Capt. Nathaniel Smith for the use of Jabez Wood, twenty 
shillings; To Joseph Gerrish Esq"" for the use of Edmund Bailey 
Four pounds four shillings and eight pence ; and for the use of Sarah 
perkins Four pounds seven shillings and six pence; To Michael Dal- 
ton Esq'' for the use of Richard Kent twenty shillings ; To Capt. 
Timothy Walker for the Use of Peter Carpenter, Forty shillings ; 
To Capt. Henry King for the use of Samuel Reed jun'' Four pounds 
five shillings and four pence; To Benjamin Reed Esq"" for the use 
of Samuel Nevers Six pounds five shillings and six pence ; To Capt. 
James Barrett for the use of Consider Soper, Four pounds two shil- 
lings and eight pence ; And to Capt. Ephraim Spaulding for the. use 
of James Emery three pounds nine shillings and eight pence being 
in full consideration of the Expences in their petitions respectively 
mentioned. [Passed January 7. 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 119 



CHAPTER 258. , Record "of the 

Council, xxii., 
ion Maflfl 

RESOLVE ALLOWING £1,000 TO SIR WILLIAM PEPPERRELL. Archives, 

Ixxvi., 6S4. 



Resolved^ That there be granted and paid out of the Public Treas- Archives, 
ury to Sir William Pepperrell Bar*^ the Sum of One Thousand Pounds, ixxvi., esb. 
in full of His Expences whilest employed as Lieutenant General in nai,pp.425,42&, 
the late Expedition against Louisbourg. \^Passed January 7. i757)tpp.'256, 



258. Infra, 
chap. 259. 



CHAPTER 259. 

RESOLVE ALLOWING £188 TO SIR WILLIAM PEPPERRELL. 

Resolved That there be granted and paid out of the publick Treas- Legislative 
ury to Sir William Pepperrell Bar* in addition to the Grant made councu^ xlii!^ 

him the second day of January. 1754. the sum of One hundred and ^^ 

eighty eight pounds in full of the Wages due to him for his Services House Jour- 
as Lieutenant General in the late Expedition against Louisbourg. province ' 
\^Passed January 7. S'^al/' ^^' 

Supra, chap. 

258. 

CHAPTER 260. 

RESOLVE ALLOWING SUBSISTENCE MONEY TO SOLDIERS ON THEIR 

RETURN HOME. 

Resolved That there be allowed and paid out of the publick Treas- Legislative 
ury to the Soldiers employed in the last Expedition against Crown counc*if,xiii!f 

point belonging to the County of Hampshire who subsisted them- '^^ . 

selves on their return home from the Army, thirteen shillings and Province 
six pence each; to those belonging to the County of Essex twenty chap!'i37."' ^^^' 
one shillings each; to those belonging to the County of Worcester 
Sixteen shillings and six pence; to those belonging to the County 
of Plymouth twenty five shillings each ; to those belonging to the 
County of Bristol twenty four shillings each ; to those belonging 
to the County of Suffolk and to the County of middlesex twenty 
one shillings each ; to those belonging to the County of Barnstable 
twenty six shillings and six pence each ; And to those belonging to 
the County of York twenty eight shillings and six pence each; And 
as to those persons who received any Support on the Governments 
Account upon their said return, they to comply with the order here- 
tofore passed by this Court, by making Oath before the Treasurer 
of the province or a Justice of the peace how much they received 
on that Account.' \^Passed January 9. 

^ Not found in the House Journal. 



120 



Province Laws {Besolves, etc.). — 1757-58. [Chaps. 261-263.] 



CHAPTER 261. 



RESOLVE ALLOWING 40/ TO JONATHAN BARNARD. 



Legislative 
Records of the 
Council, xxii., 
192. Mass. 
Archives, 
lxxvii.,264. 

Mass. 
Archives, 
Ixxvii., 264. 
House Jour- 
nal, pp. 253, 261. 
Ante, p. 89, 
chap. 199. 



A Petition of Jonathan Barnard of Waltham, setting forth, 
That his Son Jonathan Barnard was a Soldier in the Crown point 
Expedition in 1755. and carried with him his own Gun; That his 
said son was killed in the Service and his Gun lost, and praying an 
Allowance for said Gun. 

Eead and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to Samuel Livermore Esq'' for the Petitioners use the sum of 
forty Shillings in full Consideration for the Loss of the Gun men- 
tioned w*^^ his said son carried into the service on the first Crown- 
point Expedition. \^Passed January 10. 



CHAPTER 262. 



ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE, AND CHINA WARE IN SUFFOLK COUNTY. 



Legislative 
Records of the 
Council, xxii., 
193. 

House Jour- 
nal, p. 262. 



In the House of Eepresentatives ; 

Ordered That Thomas Flucker and Joseph Williams Esq" with 
such as the honourable Board shall join be a Committee to farm 
out the Excise on Tea, Coffee and China Ware in the County of 
Suffolk for the current Year. 

In Council; Read and Concurred; and Samuel Watts Esq"" is joined 
in the Affair. [Passed January 10. 



CHAPTER 263. 



Legislative 
Records of the 
Council, xxii., 
193. 

House Jour- 
nal, p. 262. 



ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE, AND CHINA WARE IN ESSEX COUNTY. 

In the House of Representatives ; 

Ordered that John Choate and Joseph Gerrish Esq" with such 
as the honourable Board shall join be a Committee to farm out the 
Excise on Tea, Coffee and China Ware in the County of Essex for 
the current Year. 

In Council ; Read and Concurred ; and Benjamin Lynde Esq' is 
joined in the Affair. \^Passed January 10. 



[3d Sess.] Province Laws (Besolves, etc.). — 1757-58. 121 



CHAPTER 264. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN MIDDLESEX COUNTY. 

In the House of Representatives; Legislative 

Ordered that Samuel Livermore and James Russell Esq" with counclf.xxu.t 

such as the honourable Board shall join be a Committee to farm ]^ 

out the Excise on Tea, Coffee and China Ware in the County of House Jour- 
Middlesex for the current Year. ' ^' 

In Council; Read and Concurred; and William Brattle Esq'' is 
joined in the Affair, [Passed January 10. 



CHAPTER 265. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN HAMPSHIRE COUNTY. 

In the House of Representatives; Legislative 

Ordered that John Worthington and Elijah Williams Esq" with councn", xxii!,^ 

such as the honourable Board shall join be a Committee to farm '^^ 

out the Excise on Tea, Coffee and China Ware in the County of ^","^®^^2^^- 
Hampshire for the current Year. ' 

In Council; Read and Concurred, and Col° Israel Williams is 
joined in the Affair. [Passed January 10. 



CHAPTER 266. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN WORCESTER COUNTY. 

In the House of Representatives; Legislative 

Ordered That Timothy Ruggles and Timothy Paine Esq" with councu'xxiL? 

such as the honourable Board shall join be a Committee to farm l^^j 

out the Excise on Tea, Coffee and China Ware for the County of House Jour- 
Worcester for the current Year. n , . -. 

In Council; Read and Concurred, and John Chandler Esq"" is 
joined in the Affair. [Passed January 10. 



CHAPTER 267. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN PLYMOUTH COUNTY. 

In the House of Representatives; Legislative 

Ordered that Thomas Foster Esq^ and M' John Brewster, with counctf, xlu.? 

such as the honourable Board shall join be a Committee to farm ^^ 

out the Excise on Tea, Coffee and China Ware in the County of ^^^j^^^ 262"^' 
Plymouth for the current Year. na.p. 

In Council ; Read and Concurred and Gamaliel Bradford Esq' is 
joined in the Affair. [Passed January 10. 



122 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 268-271.] 



CHAPTER 268. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINA WARE IN BARNSTABLE COUNTY. 



Legislative 
Kecords of the 
Council, xxii., 
194. 

House Jour- 
nal, p. 262. 



In the House of Eepresentatives ; 

Ordered that M"^ Edward Bacon and Nathaniel Stone Esq"" with 
such as the honourable Board shall join be a Committee to farm 
out the Excise on Tea Coffee and China Ware in the County of 
Barnstable for the current Year. 

In Council; Read and Concurred and Sylvanus Bourn Esq"" is 
joined in the Affair. [^Passed January 10. 



CHAPTER 269. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINA WARE IN BRISTOL COUNTY. 



Legislative 
Records of the 
Council, xxii., 
194. 

House Jour- 
nal, p. 262. 



In the House of Representatives; 

Ordered that Samuel White Esq'' and M"" Thomas Morey, with 
such as the honourable Board shall join be a Committee to farm 
out the Excise on Tea, Coffee and China Ware in the County of 
Bristol for the current Year. 

In Council; Read and Concurred, and George Leonard Esq' is 
joined in the Affair. \^Passed January 10. 



CHAPTER 270. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN YORK COUNTY. 



Legislative 
Records of the 
Council, xxii., 
194. 

House Jour- 
nal, p. 262. 



In the House of Representatives; 

Ordered that John Bradbury Esq' and M' Benjamin Chadburn, 
with such as the honourable Board shall join be a Committee to 
farm out the Excise on Tea, Coffee and China Ware in the County 
of York for the current Year. 

In Council; Read and Concurred, and John Hill Esq"" is joined 
in the Affair. \Pa8sed January 10. 



Legislative 
Records of the 
Council, xxii., 
194. 

House Jour- 
nal, p. 262. 



CHAPTER 271. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN DUKES COUNTY. 

In the House of Representatives; 

Ordered that John Norton and John Sumner Esq" with such 
as the honourable Board shall join be a Committee to farm out the 
Excise on Tea, Coffee and China Ware in the County of Dukes 
County for the current Year. 

In Council ; Read and Concurred and Zaccheus Mayhew Esq' is 
joined in the Affair. \Pas8ed January 10. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1757-58. 123 



CHAPTER 272. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN NANTUCKET COUNTY. 

In the House of Representatives; Legislative 

Ordered that Abishai Folger Esq^ and Capt. Joseph Rotch with counc*if. xxiu? 

such as the honourable Board shall join be a Committee to farm 1^1: 

out the Excise on Tea, Coffee and China Ware in the County of Ho^^^Jo'ir- 
Nantucket for the current Year. ^ , p. 

In Council; Read and Concurred and Josiah Coffin Esq' is joined 
in the Affair. [Passed January 10. 



CHAPTER 273. 

ORDER IMPOWERING TABITHA RAMSDELL, ADM^. TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Tabitha Ramsdell Widow and Administratrix of Legislative 
Ebenezer Ramsdell late of Lynn in the County of Essex deceased council, xxu., 

Intestate; setting forth, That the Debts against the Estate of the ^— 

said Intestate amount to Seventy four pounds eighteen shillings ^ai"pp'^2^4''258 
and five pence one farthing more than all his personal Estate will Province 
pay; And praying that She may be Authorized and Impowered to cimi)!'io.'' ^ * 
make Sale of so much of the Real Estate of the said Ebenezer 
situate in Lynn aforesaid, as may be sufficient to pay off and dis- 
charge the said Debts. 

Read and 

Ordered That the prayer of this petition be granted ; and that 
the petitioner in her said Capacity of Administratrix be and she 
is hereby impowered to make Sale of so much of the Real Estate 
of said Deceased, as will amount to the Sum of Seventy four pounds 
eighteen shillings and five pence one farthing and the Charges aris- 
ing by such Sale, and to make and execute a good and sufficient deed 
or deeds in the Law for Conveyance thereof. She observing the Rules 
of the Law respecting the Sale of Real Estates by Executors and 
Administrators, and giving sufficient caution to the Judge of Pro- 
bate for the County of Essex for the Application of the Money aris- 
ing by said Sale for payment of the Debts mentioned and for duly 
Accounting for the Overplus if any there be. [Passed January 11. 



CHAPTER 274. 

VOTE ALLOWING £450 TO THE COMMITTEE OF WAR. 

A Memorial of John Osborne Esq' in the name and by order Legislative 
Of the Committee of War; setting forth their Services in providing counclf xx^^^ 
Warlike Stores, Provisions and Transports for the Expedition against i9"- Mass. 
Crown point pursuant to the order of Court, and praying Allowance. ix^xvi\!,^35i. 
Read and '^j^^^ 

Voted, That y^ Committee of War be allowed to Charge in their ^x^^r^lso 
Accounts the sum of four Hundred and fifty Pounds in Considera- HouseJour. 



124 



Province Laws {Hesolves, etc.). — 1757-58. [Chaps. 275, 276..] 



268.' Trainee' *^°^ ^^ ^^®^^ faithfull discharge of that important Trust for the 
Laws.^xv., 443, Year 1756, said Sum to be divided amongst them According to the 
time of their Attendance. [Passed January 11. 



chap. 282. 



Legislative 
Records of the 
Council, xxii., 
195. 

House Jour- 
nal,]). 272. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 275. 

ORDER IMPOWERING SARAH MIXER, ADM^, TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Mixer Eelict of Hopestill Mead late of 
Waltham in the County of Middlesex deceased; setting forth, That 
two thirds of the deceaseds Real Estate Amounting to £66.16 has 
been set off and sold according to Law for payment of the deceaseds 
Debts; that there still remains Twenty seven pounds four shillings 
and three pence due From the Estate for the payment whereof there 
is no Estate left save the third which was set off to the petitioner as 
her Dower That She is desirous of paying all the Debts and as the 
deceased left no Issue Praying that She may be impowered to Sell 
the third of the Real Estate which was set off to her as aforesaid 
for that purpose. 

Read and 

Ordered That the prayer of the petition be granted, and that the 
petitioner in her said Capacity be and she hereby is authorized and 
impowered to make Sale of the third within mentioned and to give 
a good and sufficient deed or deeds for the same She observing the 
directions of the Law respecting the Sale of Real Estates by Exec- 
utors and Administrators and giving sufficient caution to the Judge 
of probate &c. for the County of Middlesex to apply the proceeds 
for the payment of the deceaseds Debts, and to Account for the 
Overplus (if any there be) agreeable to Law. [Passed January 12.^ 



CHAPTER 276 



Legislative 
Records of the 
Council, xxii., 
198. Mass. 
Archives, 
Ixxvii., 179. 

Mass. 
Archives, 
Ixxvii., 179. 
House Jour- 
nal, p. 252. 
Province 
Laws, XV., 695, 
chap. 416. 



RESOLVE ALLOWING £6. 1. 9 AND A FURTHER SUM OF £4 TO CALEB 

WOOD. 

A Petition of Caleb Wood of Middleborough, setting forth That 
he was an inlisted Soldier in the late Crown point Expedition that 
he was Taken Sick at Lake George, and was at the expence of 
£9.11.1 on Account thereof, that during his Sickness his Gun was 
by the Adjutant of the Regiment taken out of the Tent where he 
lay Sick, on account of which Gun there has been Four pounds 
stopped from his Wages; And praying Relief. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to Cap* Nath^ Smith for the Petitioners Use Six pounds one 
Shilling and Nine pence, in Consideration of his Expences & Suffer- 
ings as Mentioned ; Also That the Treasurer be and hereby is directed 
to pay the four pounds Stopped out of the Wages due to him on the 
last Crown point Expedition on Account of his Arms not being 
returned. [Passed January 12. 

^ This date is according to the House Journal; according to Legislative Records of 
the Council the date is January 11. 



[3d Sess.] Province Laws {liesolveSy etc.). — 1757-58. 125 



CHAPTER 277. 

RESOLVE ALLOWING £100 TO PETER SCHUYLER, ESQ'*. 

Resolved^ That there be allowed and paid out of the Public Treas- Legislative 
ury to Peter Schuyler Esq^ or his Order the sum of One Hundred gounc'if, xxii!f 
Pounds, to reimburse him the Sums he paid at Quebeck for the ^^^j^f^^^g^- 
relief of the distressed Soldiers there who belonged to this Prov- ixxvii., sk. 
ince, and and ' in consideration of the Trouble he has been at in Mass. 
the Atfair. And f^^ki-s^s. 

That His Excellency the Governor be desired to inform tha,t Gen- House Jour- 
tlenian of the gratef ull sense the two Houses have of this Instance °^ • p* 
of his Goodness and Humanity. [Passed January 12. 



CHAPTER 278. 

RESOLVE ALLOWING 26/ 8 AND A FURTHER SUM OF £3. 13. 4. TO WALTER 

M'FARLAND. 

A Petition of Walter M'=Farland Interpreter of the Indian Legislative 
Tongue at S' Georges; setting forth That in the year, 1747. he counc1f,xxii!? 
was taken Captive by the Indians that upon a peace he was re- f^chi^fs^' 
lieved from his Captivity upon the payment of Ten pounds (Old ixxvii., 3^8. 
tenor,) That the Government ordered him Five Months Schooling Mass. 
upon his return, the better to qualify him for an Interpreter, but i^^xv^^ris;. 
that ho was called into the publick Service at Richmond before House Jour^^_ 
he could have the benefit of said Schooling, and that he has been 270,' 271'. pVov- 
obliged to pay out of his Wages for what instruction he could get; gi^chapTm^ '* 
And praying an Allowance: 

Read and 

Resolved, That the Prayer of this Petition be so far granted, as 
That there be allowed and paid out of the public Treasury to the 
Petitioner Twenty six Shillings and eight pence being a sum equal 
to what was paid out of his Wages for his redemption from the 
Indians, with the further sum of three pounds thirteen shilP and 
four pence in full Consideration for the schooling he was to have 
received by order of this Government. [Passed January 12. 



CHAPTER 279. 

ORDER ACCEPTING REPORT OF COMMITTEE ON COMPLAINTS OF DIVERS 
FRENCH INHABITANTS OF SUNDRY TOWNS. 

The Petitions of Francis Mius a Nova Scotia French person Legislative 
placed at Tewksbury, of Lawrence Mius another of said French coundf, xxiilf 
persons placed at Methuen, and of John Labradore another of said 192. Mass. 

IX ^ Archives 

French persons placed at Wilmington ; respectively setting forth the xxiii., eoi 

hardships and sufferings they undergo in their present Situation; Mass. 

and praying Relief; On each of which was respectively entered as xxm^^smf 547 

follows Viz' 576- Legi's- ' 

The Com"^ to whom Avas Committed the Petitions of Seueral of the Council, 
French Newtrals: having met and Considered the same; and inas- House^Jour. 

* Sic. 



126 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 280-282.] 



nal, pp. 264, 
265. Province 
Laws, XV., 535, 
chap. 15. 



much as there is a Com"® of both houses Chosen to Consider of 
some way for the relief of this Province Under the heavy burden 
we are at Present labouring under respecting their Support; are of 
oppinion that the Secretary be desired to write to the select men 
of the respective Towns to which s'' Petitioners belong; the Sub- 
stance of their Several Complants and that y® Court Expect they 
would conform to the several orders of Goverment relative to their 
Support, and that they take effectual Care that they be placed in 
such Houses as may defend them from the Inclemency of the Season, 
all which is Humbly Submitted 

^^ order James Minot 

Bead and 

Ordered, That the report be Accepted. \^Passed January 13. 



CHAPTER 280. 



RESOLVE ALLOWING £60 TO THE DOORKEEPER. 



Legislative 
Records of the 
Council, xxii., 
202. 

House Jour- 
nal, p. 275. 



Resolved That there be allowed and paid out of the publick Treas- 
ury the sum of Sixty pounds to M'' William Baker Doorkeeper to his 
Excellency the Governor and this Court, for his Service for one year 
to be paid Quarterly ; and also the further sum of Forty pounds in 
consideration of his Expences in hiring Assistance and extraordinary 
Care and Trouble as Doorkeeper. [Passed January 13. 



CHAPTER 281. 



RESOLVE ALLOWING £50 TO LIEU'^ JOHN LARRABEE. 



Legislative 
Records of the 
Council, xxii., 

202. 

House Jour- 
nal, p. 275. 



Resolved That there be allowed and paid out of the publick Treas- 
ury the sum of Pifty pounds to John Larrabee Lieutenant of his 
Majesty's Garrison at Castle William in consideration of his faith- 
ful discharge of that Trust reposed in him. [Passed January 13. 



CHAPTER 282. 



RESOLVE ALLOWING £40 TO THE CHAPLAIN AT CASTLE WILLIAM. 



Legislative 
Records of the 
Council, xxii., 

202. 

House Jour- 
nal, p. 275. 



Resolved That there be granted and allowed to be paid out of the 
publick Treasury to JVP John Phillips Chaplain of his Majesty's Castle 
William the sum of Forty pounds as a Gratuity for his Service in 
that Trust for one year. [Passed January IS. 



[3d Sess.] Province Laws {JiesolveSy etc.). — 1757-58. 127 

CHAPTEK 283. 

RESOLVE ALLOWING £6 TO THE CHAPLAIN OF THE HOUSE. 

Resolved That there be allowed and paid out of the publick Treas- Legislative 
ury the sum of Six pounds to the Eev*^ M' Ebenezer Pemberton, counc*if,x!xiL^ 
Chaplain to the House of Eepresentatives the current Year. [Passed 203. 

Januaril 13. House Jotir. 

"^ nal, p. 275. 

CHAPTER 284. 

RESOLVE ALLOWING £6 TO THE CHAPLAIN OF THE BOARD. 

Resolved That there be allowed and paid out of fthe] ' publick ^^^'^^^"^|,^ 

m iio po- i,,i-r.-f-»«-rT r, 1 Records of the 

Treasury the bum oi bix pounds to the Kev" M"^ Jeremy Condy, Council, xxii., 

Chaplain to the Honourable Board the current Year. [Passed '^ 

Jamianj 13. ^^^11^' 

CHAPTER 285. 

RESOLVE ALLOWING £75 TO THE CLERK OF THE HOUSE. 

Resolved That there be granted and allowed to be paid out of the Legislative 
publick Treasury the sum of Seventy five pounds to Henry Gibbs councn^ xxiilf 

Esq'' Clerk of the House of Eepresentatives for his Service during '^^ 

the several Sessions of the General Court the current Year. [Passed House Jour 
January 13. 



nal, p. 274. 



CHAPTER 286. 

RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER. 

In the House of Eepresentatives Legislative 

Resolved, That there be granted, and allowed to be paid out of councif, xx^i.^ 
the publick Treasury, the Sum of four Shillings per Diem, to the ^^'hi^^^^^' "3 

honourable Thomas Hubbard, Esq' Speaker of the House, for every — --^-^ — ■* 

Day of his Attendance in the General Court from the opening of nal, p. 274. 
the Session, on the 25*'' Day of May 1757. over and above his Pay 
as a member of this House. 

In Council Eead and Concur'd. [Passed January 13. 



CHAPTER 287. 

RESOLVE ALLOWING £150 TO THE COMMISSARY GENERAL. 

Resolved That there be granted and allowed to be paid out of the Legislative 
publick Treasury the sum of One hundred and fifty pounds to the councif xxil^ 
honourable John Wheelwright Esq' Commissary General for his Ser- 203. 
vices in that Office for one year. [Passed January 13. House Jour- 

> Inserted from the House Journal, p. 274. 



128 



Province Laws {Resolves^ etc.). — 1757-58. [Chaps. 288-292.] 



CHAPTER 288. 



RESOLVE ALLOWING £267 TO THE PROVINCE TREASURER. 



Legislative 
Records of the 
Council, xxii., 
203. 

House Jour- 
nal, p. 274. 



Resolved That the sum of Two hundred and Sixty seven j)oiinds 
be granted and allowed to be paid out of the publick Treasury to 
Harrison Gray Esq'' Treasurer and Eeceiver General of his Maj- 
esty's Eevenues of this province for a Year's Service ending the 
23*^ day of December last. \^Passed January 13. 



CHAPTER 289. 



Legislative 
Records of the 
Council, xxii., 
203. 

House .Jour- 
nal, p. 274. 
Infra, chap. 
290. 



RESOLVE ALLOWING £50 TO THE SECRETARY. 

Resolved That the sum of Fifty pounds be granted and allowed 
to be paid out of the publick Treasury to the honourable Andrew 
Oliver Esq'' Secretary of this province for his Services for one year 
ending the Sixth day of December last. \^Passed January 13. 



Legislative 
Records of the 
Council, xxii., 
204. 

House .Jour- 
nal, p. 274. 
Supra, chap. 

289. 



CHAPTER 290. 

RESOLVE ALLOWING £90 ADDITIONAL TO THE SECRETARY. 

Resolved That the sum of Ninety pounds be granted and allowed 
to be paid out of the publick Treasury to the honourable Andrew 
Oliver Esq"" Secretary of this province in consideration of his ex- 
traordinary Services to the Sixth day of December last. \^Passed 
January 13. 



CHAPTER 291. 

RESOLVE ALLOWING £20 TO M^ JUDAH MONIS. 

Legislative Resolved That there be granted and allowed to be paid out of the 

councif, xxii.t publick Treasury to M"" Judah Monis Hebrew Instructor at Harvard 

'^— College in Cambridge the sum of Twenty pounds as a Gratuity in 

na^il^p^ 274?^" consideration of his faithful discharge of that Trust reposed in him, 
and for his further encouragement therein. \^Passed January 13. 



CHAPTER 292. ^ 



Legislative 
Records of the 
Council, xxii., 
204. 



RESOLVE ALLOWING £90 TO JOHN WINTHROP, ESQ'^. 

Resolved That there be granted and allowed to be paid out of the 
publick Treasury to John Winthrop Esq'' Hollisian professor of the 
Mathematicks and Natural philosophy at Harvard College in Cam- 



[3d Sess.] Province Laws {Resolves^ etc.). — 1757-58. 129 

bridge the sum of Ninety pounds as a Gratuity in consideration of ^a"'^!,® ^y®^"^" 
his faithful discharge of that Trust reposed in him, and for his 
further encouragement therein. \_Passed January IS. 



CHAPTEE 293. 

RESOLVE ALLOWING £100 TO REV' DR. EDWARD WIGGLESWORTH. 

Resolved That there be granted and allowed to be paid out of the Legislative 
publick Treasury to the Rev'^ Doctor Edward Wigglesworth, Hoi- oouncif xVu.^ 
lisiau professor of Divinity at Harvard College in Cambridge the '^o*- 
sum of One hundred pounds as a Gratuity in consideration of his House Jour- 
faithful discharge of the great and important trust reposed in him, "^^'P-'^'"^- 
& for his further Encouragement therein. [^Passed January IS. 



CHAPTER 294. 

RESOLVE ALLOWING £250 TO M« PRESIDENT EDWARD HOLYOKE. 

Resolved That there be granted and allowed to be paid out of the Legislative 
publick Treasury the sum of Two Hundred and fifty pounds to the councif xxi?^ 
Eeverend M' Edward Holyoke President of Harvard College over 204. 
and above the Rents of Massachusetts Hall for one year ending the House Jour, 
tenth day of September next to be paid quarterly. [^Passed Jan- '^^^•p-'^'^- 
uary IS. 



CHAPTER 295. 

RESOLVE ALLOWING £40 TO M« CHIEF JUSTICE SEWALL. 

Resolved^ That the Sum of Forty Pounds be granted and paid ^^s'siative 
out of the publick Treasury, to the Honourable Stephen Sewall councif, xxii.^ 
Esq' in Consideration of his faithful Discharge of the important Archfves^^' 
Trust reposed in him as Chief Justice, and for his further encour- xiiv., 3 82.' 
agement therein. [^Passed January IS. House Jour- 



CHAPTER 296. 

RESOLVE ALLOWING £750 TO THE JUDGES OF THE SUPERIOUR COURT. 

Resolved That the sum of Seven hundred and fifty pounds be Legislative 
granted and paid out of the publick Treasury to the honourable oouncif xxh.^ 
Justices of the Superiour Court of Judicature Court of Assize and 205. 
General Goal Delivery for their Services for one year ending the House Jour- 
first Instant. [Passed January IS. nai,p.273. 



130 Province Laws {Resolves, etc.). — 1757-58. [Chaps. 297, 298.] 



Legislative 
KecordB of tlie 
Council, xxii., 
206. 

House Jour- 
nal, pp. 268, 278. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 297. 

ORDER IMPOWERING GEORGE NEWMAN, J», AND LUCY NEWMAN, ADM^ 

TO SELL REAL ESTATE. 

A Petition of George Newman Jun'" and Lucy his Wife Adminis- 
tratrix of the Estate of Samuel Baker late of Ipswich in the County 
of Essex deceased, setting forth that she has paid the deceaseds Debts, 
which amounted to considerably more than the personal Estate left 
by him, together with the proceeds of the Lands She was enabled by 
the Superiour Court to Sell; and praying that they may be impow- 
ered to Sell off so much more of his Eeal Estate as will pay her the 
ballance due on her Account of Administration. 

Read and 

Ordered That the prayer of this petition be granted ; and that 
the said George Newman and Lucy his Wife in her said Capacity 
of Administratrix be and hereby are Authorized and impowered to 
make Sale of so much of the Real Estate of the said deceased as 
that the proceeds thereof shall Amount to the sum of Nineteen 
pounds thirteen shillings and five pence and the Charges arising 
by such Sale ; and to execute a good deed or deeds for conveying 
the same agreeable to Law; they Observing the directions of the 
Law relating to the Sale of Real Estates by Executors and Admin- 
istrators; and giving sufficient caution to the Judge of Probate for 
the County of Essex to be accountable for their proceedings herein. 
l^Passed January 14. 



CHAPTER 298. 



Legislative 
Records of the 
Council, xxii., 
208. Mass. 
Archives, 
lxxvii.,346. 

Mass. 
Archives, 
Ixxvii., 346. 
House Jour- 
nal, pp. 271, 276. 



RESOLVE ALLOWING 18/9 TO JOANNA HOIT. 

A Petition of Joanna Hoit of Shrewsbury Widow of Benjamin 
Hoit a Soldier in the late Crown point Expedition who died at Lake 
George ; setting forth That her said Husband was made up short in 
the Muster Roll Seventeen days of the time of his Service; And 
praying an Allowance. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to Artemas Ward Esq'' for the Petitioner's Use eighteen Shillings 
and nine pence in full for the seventeen days the said Benjamin was 
made up short in the Muster Roll of the Company he belonged to, 
on the last Crown-point Expedition. \^Passed January 17. 



[3d Sess.] Pkovince Laws {Mesolves, etc.). — 1757-58. 131 



CHAPTER 299. 

ORDER DIRECTING THAT A PLAN OF 200 ACRES OF LAND LAID OUT 
TO DANIEL GRAINGER BE RECORDED. 

A Petition of Daniel Grainger; praying that a plat of 200 Acres Legislative 
of Laud between N° 4 and Pontoosuck, which he has caused to be councif, xVu* 

surveyed and laid out in consequence of a Grant made him on Account '^ . 

of his Sufferings at the Battle of Lake George, may be Accepted & House Jour- 

Confirmed. Province' 

Read and S'^"'"''' 

Ordered That the within plan be recorded in the Secretarys Office. 
[Passed January IS. 



CHAPTER 300. 



ORDER IMPOWERING SIMON BLOOD, ADM«, TO SELL REAL ESTATE. 

A Petition of Simon Blood Administrator of the Estate of g^^'^^j^^.j, 
Samuel Hopkins late of Billerica in the County of Middlesex de- council, xxii., 

ceased setting forth that in April last he obtained leave to make — 

Sale of the deceaseds Real Estate for payment of his Debts; that ^auf 28^*^ 
through the inadvertency of the Scribe who drew his petition, the Province 
Estate was called only Six Acres, when in fact it is forty two Acres; chap!'56Z'' ' ' 
but that the Apprized Value was truly set forth in said petition Viz* 
£69.1.4 which being barely sufficient to Satisfy the Debts; He prays 
that he may be enabled to make Sale thereof for the aforesaid pur- 
pose. 

Read and 

Ordered That the prayer of this petition be granted, and that 
the petitioner in his said Capacity be and he is hereby impowered 
to make Sale of the whole of the said deceaseds Real Estate with 
the Restrictions and for the purposes mentioned in the Order of 
this Court on his former Petition. [Passed January 19.^ 



CHAPTER 301. 

RESOLVE ALLOWING £2. 16. 5 TO JOHN BATHRICK. 

A Petition of John Bathrick of Cambridge, a Soldier in the Legislative 
Expedition to Crown point in the year. 17.55. and 1756. praying councif, xxn.^ 
that he may be allowed to receive half pay during the intermediate 210. Mass. 
■space agreeable to the Resolutions of the Court. ixxvil, 390. 

Read and Mass. 

Resolved, That there be allowed and paid out of y^ public Treas- i^xv\\^^389 
ury to the Petitioner, the sum of two pounds sixteen Shillings & House'jour- 
five pence, in full of the half pay he was entitled to, on his rein- province ' 
listing into the service on the last Crown-point Expedition. [Passed cjfap%To! ' *^^* 
January 19. 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 18. 



132 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 302-304.] 



Legislative 
Records of the 
Council, xxii., 
211. Mass. 
Archives, 
xxiii.,605. 

Mass. 
Archives, 
xxiii., 604. 
Legislative 
Records of the 
Council, xxi., 
357. House 
Journal, 
pp. 283, 287, 288. 



CHAPTEE 302. 

ORDER DIRECTING THE SELECTMEN OF THE TOWN OF HOLLISTON TO 
TAKE CARE OF JOSEPH DUGAS AND FAMILY. 

A Petition of Joseph Dugas one of the late French Inhabitants 
of Nova Scotia, complaining of the hardships which he and his 
Family endure at Holliston, where they are placed by the Govern- 
ment, and praying Eelief. 

Eead; And Whereas there is a Committee appointed to consider 
of some proper Method for easing the Province of the Charge of 
Supporting the french Inhabitants of Nova Scotia now here who 
have not yet reported ; 

Ordered, That the secretary be directed to write to the select Men 
of the Town of Holliston, to take Care that the said Family of French 
people under their Care do not suffer in the mean time. \_Passed 
Janiuvry 19.^ 



Legislative 
Records of the 
Council, xxii., 
213. Mass. 
Archives, 
xliv., 386. 

Mass. 
Archives, 
xliv., 385-388. 
House Jour- 
nal, pp. 281, 287. 



CHAPTER 303. 

ORDER ALLOWING £36. 1. 2 TO STEPHEN GUNN. 

A Petition of Stephen Gunn setting forth his trouble & charge 
in conveying five prisoners from Sheffield to the Goal in Springfield, 
and with the safe keeping four of them five days at Sheffield ; and 
afterwards reconveying them a Second time to Goal; And praying 
an Allowance. 

Read and 

Ordered, That the Prayer of this Petition be so far granted, as 
that there be and hereby is Allowed to be paid out of y® Public 
Treasury to the Petitioner the sum of thirty six pounds one shil- 
ling & two pence in full for his service and Expences mentioned. 
^Passed January 19, ' 



CHAPTER 304. 



ORDER IMPOWERING JOHN GAY, AMOS FULLER AND EBENEZER SKIN- 
NER, GUARDIANS, TO SELL REAL ESTATE. 

Rlfordsofthe ^ PETITION of Joanna Mills Widow of Jonathan Mills late of 
Council, xxii., Ncedliam in the County of Suffolk deceased, and of John Gay and 
others Guardians of the Children of the said deceased, setting forth 
that the said deceaseds Real Estate consists only of Forty six Acres 
and three quarters and six Rods of Land in said Town of Needham,, 
which is very unprofitable to the Heirs, and incapable of it self of 
making a Settlement, and praying liberty to sell the same for the 
benefit of the Children, the Widow only to have the benefit of the 
Interest of one third part of the Money arising by said Sale. 
Read and 

Ordered That the prayer of this petition be so far granted as that 
the said John Gay, Amos Fuller and Ebenezer Skinner be and they 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is January 20. 



210, 

House Jour- 
nal, pp. 178, 179, 
235, 287. Prov- 
ince Laws, ii., 
151, chap. 10. 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 133 

hereby are impowered to Sell the Lands mentioned to such person 
or persons as shall appear willing to give most for the same ; they 
giving publick timely Notice of said Sale ; And in their Capacity 
of Guardians to give a good and sufficient deed or deeds of Con- 
veyance thereof; they giving good Security to the Judge of Probate 
for the County of Suffolk to improve and pay the produce of such 
Sale agreeable to the prayer of the Petition. [^Passed January 20. 



CHAPTER 305. 

RESOLVE ALLOWING £100 TO HARRISON GRAY, ESQ", PROVINCE TREAS- 
URER. 

A Memorial of Harrison Gray Esq'' Treasurer and Eeceiver Gen- Legislative 
eral of the province; setting forth his extraordinary Services, and in councif xxil!^ 
some instances, wherein he apprehends the Service was not neces- 212. Mass. ' 

• A rf 111 vpfl 0111 

sarily connected with his Office whereby he has been obliged like- eos. ' "' 
wise to hire a Clerk extraordinary; And praying an Allowance. Mass. 

Read & ^6?''Hou8'e"'" 

Resolved, That there be allowed and paid out of the publick Journal, p. 289. 
Treasury to Harrison Gray Esq'' Treasurer & receiver General of 
the Province the sum of One Hundred Pounds in Consideration 
of his Extraordinary Services to this Time. \^Passed January 20. 



CHAPTEE 306. 

RESOLVE ALLOWING £4 TO MARGARET FORBUSH. 

A Petition of James Parker in behalf of Margaret Forbush R|ford"of the 
"Widow of Charles Forbush deceased; setting forth that the said council, xxu., 
Charles was inlisted as a Soldier in the late Crown point Expedi- Archwes^,^' 
tion about the 1 July, 1756. that he proceeded as far as Fort Edward ixxvii.,453. 
where he was taken Sick, and died on the 9"" of September, that Mass. 
as he did not join his Company, he is not made up in any Eoll; And ixxvii., 453. 
praying Eelief. KpSss. 

Read, And 

Resolved, That there be allowed & paid out of the public Treasury 
to John Osgood Esq"' for the Use of the within mentioned Margaret 
Forbush the sum of four pounds in full for the services of Her dec*^ 
Husband, on the last Crownpoint Expedition as Mentioned. \^Passed 
January 20. 

CHAPTER 307. 

ORDER ALLOWING TO EZEKIEL KELLOGG THE SUM DUE HIS SON. Legislative 

Records of the 
Council, xxil., 

Ordered, That there be allowed and paid out of the public Treas- 214. Mass. 
ury to Ezekiel Kellogg or his Order, the Sum due to his Son Cotton ixxvi.,732. 
Kellogg dec*^ for his Subsistence on his return home from the m^^^] 
Army raised for the Expedition against Crown-point in the Year i^^xvi^^TSi 
1755, According as it is carried out in the Muster-Roil of the Com- House.Jour- 
pany he belonged to. \_Passed January 20. °*'' ^' ^^'^' 



134 



Peovince Laws (Resolves, etc.). — 1757-58. [Chaps. 308-310.] 



CHAPTEK 308. 

ORDER IMPOWERING MARY GREENLEAFE, ADM^ TO SELL REAL 

ESTATE. 

Records'ofthe A PETITION of Mary Greenleaf of Newbury in the County of 
Council, xxii., Essex Widow and Administratrix of Edmund Greenleaf deceased 

^ Setting forth that the said deceaseds Estate is insolvent, that his 

^*il^pp!^iyM9i, ^^^^ Estate consisting of part of an House, a Butchers Shop and 
289, 293. pW- about Scvcn and half rods of Land situate in Newbury was apprized 
151, chap. io. '' at Eighty six pounds; That through the neglect of her Agent Ap- 
plication was not made to the Superiour Court at their last Session 
as she intended And praying that She may obtain Liberty to sell the 
same for payment of the Debts of the deceased. 
Eead and 

Ordered That the prayer of this petition be so far granted, as 
that the petitioner in her said capacity of Administratrix be and 
she hereby is impowered to Sell the deceaseds Eeal Estate men- 
tioned for the most the same will fetch ; She posting up seasonable 
Notifications of the time and place of Sale as the Law directs ; and 
to execute a good and sufficient deed or deeds of Conveyance thereof 
in the Law; She giving sufficient Security to the Judge of probate 
for the County of Essex to be Accountable for the proceeds of said 
Sale according to Law. \^Passed January 21. 



CHAPTER 309. 



RESOLVE ALLOWING £200 TO THOMAS CLARKE, DEPUTY SECRETARY. 



Legislative 
Records of the 
Council, xxii., 
214. Mass. 
Archives, 1., 75. 

Mass. 

Archives, 1., 
74. House 
Journal, 
pp. 130, 198, 292. 



A Memorial of Thomas Clarke setting forth his extraordinary 
Service as an Assistant in the Secretary's Office ; And praying an 
Allowance accordingly. 

Eead and 

Resolved, That there be allowed and paid out of the Public Treas- 
ury to the Memorialist The sum of two Hundred Pounds, in Con- 
sideration of his Services as Deputy Secretary for two Years ending 
the 30*^ of January Current. {^Passed January 21. 



CHAPTER 310. 



RESOLVE ALLOWING £7. 4 TO JOSHUA BOARDMAN. 



Legislative 
Records of the 
Council, xxii., 
216. Mass. 
Archives, 
lxxvii.,298. 

Mass. 
Archives, 
Ixxvii., 298; 
cxxv., 42. 
House Jour- 
nal, pp. 251, 260, 
280, 291. 



A Petition of Joshua Boardman of Sheffield, setting forth That 
on the 22^ of April 1756. he was impressed into his Majesty's ser- 
vice for the Crown point Expedition, that he continued in the ser- 
vice till sometime in November. But that he was made up in Capt. 
Davis's Eoll four Months and an half short of the time he served ; And 
praying an Allowance. 

Eeacl, and 

Resolved, That there be allowed and paid out of the Public Treas- 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 135 

ury to Cap'^ Ithamar Hubbell for the use of the Petitioner, the sum 
of soveu pounds four Shillings in full for the four months and an 
half Wages Omitted in the Muster Roll of the Company lie belonged 
to, on the last Crowu point Expedition. \_ra)ised * January 21. 



CHAPTER 311. 

RESOLVE DECLARING THE ALLOWANCE FOR THE SUBSISTENCE OF 
ABSENT SOLDIERS TO BE THE PROPERTY OF THE GOVERNMENT. 

Resolved That whenever any Soldier in the pay of this Govern- Legislative 
ment for the defence and protection of the Frontiers shall be absent councff xxn.^ 
from Duty on Furlough, the Subsistence of such Soldier shall be 21 7. 
deemed and hereby is declared to be the property of the Govern- House Jour- 
ment. [Passed January 21. nai,p.286. 



CHAPTER 312. 

RESOLVE ALLOWING TWO MONTHS ADDITIONAL WAGES TO FORCES 

UNDER COL. JOSEPH FRYE. 

A Memorial of Joseph Frye Esq"" Colonel of the Massachusetts Legislative 
Regiment under the Command of his Excellency the Earl of Lou- c^uncif xxil'^ 
doun in behalf of himself, and the Officers and Soldiers of his said 217. Mass. 
Regiment, setting forth ; That by a Vote of this Court on the first xx^Mil^m. 
day of December last, those Officers and Soldiers of his said Regi- Mass. 
ment, who were included in the Capitulation at Lake George on the ^.'■c^ives, 
9"" day of August last, and who escaped going to Canada are allowed House Jour- 
pay no longer from that day than Just time to return home after the ^nte^^%lf'^^' 
rate of fifteen Miles to a days March ; That they were detained by c^^^p- ^^^ 
the Enemy sometime after the Capitulation many of them stript and 
drove naked into the Woods, and that the dispersion of the Troops 
unavoidably puts the Officers to great trouble and difficulty in mak- 
ing up the Rolls. That both Officers and Soldiers have performed their 
duty faithfully and exerted themselves with the utmost Bravery, till 
by the vast Superiority of the Enemy they at length submitted to 
a Capitulation and obtained honourable terms, but which were after- 
wards perfidiously violated to the great Aggravations of their Suffer- 
ings and distresses; And praying Relief. 

Read and 

Resolved, That in Consideration of the good Behaviour of the 
Memorialist and those under his Command in the Defence of Fort 
William-Henry, and of their sufferings after the Capitulation, there 
be allowed and paid out of the public Treasury Two Months Wages 
to the said Officers and private Men, over and above the Allowance 
already made them. [Passed January 21. 



136 



Province Laws {Resolves, etc.) . — 1757-58. [Chaps. 313-315.] 



CHAPTER 313. 



VOTE INCREASING THE PAY OF SOLDIERS ABOUT TO BE DISCHARGED 
AT CUSHNOC AND FOR A NEW ENLISTMENT OF MEN TO SERVE THERE. 



Legislative 
Records of the 
Council, xxii., 
222. MasB. 
Archives, 
Ixxvii., 231. 

Mass. 
Archives, 
Lxxvii., 228. 
House Jour- 
nal, pp. 142, 295, 
296. Province 
LavFS, XV., 707, 
chap. 448. 
Ante, p. 28, 
chap. 52. 



A Petition of William Brooks and others Soldiers, posted at the 
Storehouse at Cushnoc; setting forth the extraordinary duty they 
are obliged to perform, while their Wages are reduced to the com- 
mon Establishment for other Garrison Soldiers ; And further setting 
forth that the time for which they were inlisted is expired ; And 
praying Eelief, 

Read and 

Voted, That the Prayer of this Petition be so far granted, as That 
y^ Chief officer at Said store House, be, and hereby is, allowed to 
make up his pay-Roil agreeable to the former Establishment men- 
tioned: And That His Excellency the Cap* General be desired 
to give Orders for inlisting such a number of Effective Men as shall 
be wanting to supply the Places of the Petitioners: and when that 
Number is Compleated, to cause the Petitioners to be dismissed, from 
the service. [Passed January 21.^ 



CHAPTER 314. 



ORDER ALLOWING £4 TO JONATHAN HILL. 



Legislative 
Records of the 
Council, xxii., 
185. Mass. 
Archives, 
lxxvii., 251. 

House Jour- 
nal, pp. 229, 252. 
Province 
Laws, XV., 695, 
Chap. 416. 



A Petition of Jonathan Hill of Billerica; setting forth. That 
in the year. 1756. his Servant Leonard Willson went a Soldier in 
the Crown point Expedition and on his return home lost his Gun 
which was stolen from him with his blanket and other things at 
Weston when he was a sleep in the Night and that there has been 
Four pounds detained from his Wages on Account of his Guns not 
being returned ; And praying Relief. 

Read and 

Ordered; That the Prayer of this Petition be granted ; And That 
y® Treasurer be directed to pay the Petitioner the four pounds de- 
tained out of the Wages due to him on y® last Crown-point Expedi- 
tion for not returning his Arms. [Passed January 23.^ 



CHAPTER 315. 



RESOLVE ALLOWING £3. 6 AND A FURTHER SUM OF 40/ TO HANNAH 

JOHNSON. 



A Petition of Hannah Johnson, setting forth That her late Hus- 
band Andrew Johnson of Andover deceased was a Soldier in the 



Legislative 
Records of the 
Council, xxii., 

Archi^e^s^ ^^^® Crowu point Expedition and on his return home was taken 
lxxvii., 301. Sick and obliged to Sell his Gun and Blanket for less than One 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is January 24. 



This date is according to Mass. 
Council the date is January 6. 



Archives ; according to Legislative Records of the 



[3d Sess.] Province Laws (liesolves, etc.). — 1757-58. 137 

half theii' Worth to support himself on the Road ; and was at con- Mass. 
siderable Expence besides in getting home where he lay languishing i^xv\Lf3()o. 
for Nine Weeks, and then died, And praying Relief. ^^°j"^° :J,^"''" 

Read and Provim'e ' 

Resolved, That there be allowed and paid out of the public Treas- chap^it^' ^^^' 
ury To John Osgood Esq"' for the Petitioner's use the sum of three ^"'^ p- 89. 
pounds Six shillings, in Consideration of the Expences in her late 
Husbands sickness mentioned. And That the Treasurer be directed 
to pay him, for her Use the further Sum of Forty shillings being 
part of the four pounds stopped out of the Wages due to her said 
Husband on the last Crown-point Expedition on Acc° of his Arms 
not being returned. {^Passed January 23. 



CHAPTEK 316. 

RESOLVE ALLOWING 12/ AND A FURTHER SUM OF 45/ TO EZEKIEL 

CHEEVER. 

A Petition of Ezekiel Cheever ; setting forth that he was a Soldier Legislative 
in the Crown point Expedition in 1755. and carried his own Gun, councff, xxiu 
for which he has had no Allowance, That he went a Soldier likewise 219. Mass. 

• • • A.rcnivGs 

in the Expedition in 1756. and returning home Sick was obliged ixxvu., 352. 
to Sell the Gun he received out of the publick Store to Support House Jour- 
himself, which Gun he could Sell for no more than three Dollars provmce^' 
although there has since been Four pounds stopped from his Wages Laws, xv., 695, 
on account of said Guns not being returned ; And praying Relief. ^ ^^" 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to the Petitioner twelve shillings for the use of his Gun which 
he carried into the service in the year 1755, Also That the Treas- 
urer be and hereby is directed to pay him forty five Shillings part 
of the four pounds stopped out of the Wages due to him on the 
last Crown point Expedition, on Account of his Arms not being 
returned. \^Passed January 23. 



CHAPTEK 317. 

VOTE directing THE PROVINCE TREASURER TO PAY ACCO^^ qf DIVERS 
TAVERNERS FOR BILLETING SOLDIERS. 

Whereas sundry Taverners and others have exhibited their Ac- Legislative 
counts for billeting the Soldiers raised by the Government for his counci? xxii!^ 
Majesty's Service under the Command of his Excellency the Earl of 220. 
Loudoun on their March towards Albany the last Spring ; And inas- Mass. 
much as the Captains of the several Companies received the Money ixxv^Lflfe. 
allowed for their billeting on their said March Therefore ?oS"?f :Jm"''' 

Voted Province 

That the Treasurer be and hereby is directed to pay the said Tav- dfa^^2il''^^^' 
erners and others who billeted the said Soldiers on their said March 
the Amount of their several Accounts they producing a Certificate 
from the Captains or Chief Officers of the Companies to which such 
Soldiers respectively belonged of the sums due for such billeting; 



138 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 318, 319.] 



And that he be further directed to stop the sums he shall pay the 
said Taverners and others out of the Wages of those Captains to 
whose Companies the said Soldiers belonged, when the Muster Eolls 
shall be made up. [^Passed January 24. 



Legislative 
Records of the 
Council, xxii., 
220. Mass. 
Archives, xxi., 
686. 

Mass. 
Archives, 
xxi., 685. 
House Jour- 
nal, pp. 12, 115, 
116, 124, 125, 209, 
210, 294, 295. 
Ante, p. 96, 
chap. 215. 



CHAPTER 318. 

VOTE DIRECTING THE PROVINCE TREASURER TO REMIT M" AGENT 
BOLLAN A BILL OF EXCHANGE FOR £1,029. 10. 4. 

Whereas an Order pass'd this Court in December last for the 
Payment of the Sum of Nine hundred & thirty seven Pounds seven 
Shillings & five pence, farthing, Sterling to William Bollan Esq' 
Agent for this Province, at the Court of Great Britain, in discharge 
of his Acco* of Expences to September 1756 ; which Sum has not 
been as yet remitted to him; and there being in the hands of M'^ 
Treasurer Gray a Bill of Exchange belonging to this Province for 
the Sum of One Thousand & twenty nine Pounds ten Shillings & 
fourpence half-penny Sterling, the Draught of Christopher Kilby 
Esq"" on Mess" Will"" & Richard Baker in London, dated New York 
le**" May 1757, payable to Harrison Gray Esq' Treasurer or Order, 

Voted, that the Treasurer be directed to remit to M'' Agent 
Bollan the said Bill of Exchange; the ballance thereof being Ninety 
two Pounds two Shillings & eleven pence farthing Sterling, he the 
said Agent to be accountable to the Province for. \^Passed Janu- 
ary 24. 



CHAPTER 319. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO NATRi- 

DAVIDSON. 



Legislative 
Records of the 
Council, xxii., 
220. Mass. 
Archives, 
Ixxvii., 299. 

House Jour- 
nal, p. 297. 
Province 
Laws, XV., 695, 
chap. 416. 



A Petition of Nathaniel Davidson of Billerica, setting forth, 
That his Servant Samuel Smith Howard was a Soldier in the Crown 
point Expedition in 1756. under Capt. Samuel Thacher, That his 
said Servant on his return home being Sick and unable to carry his 
Gun, lodged it in the Store at Green Bush under M"" Commissary 
Ives's Care ; And praying that he may receive the Four pounds which 
has been stopped from his said Servants Wages on Account of his 
Guns not being returned. 

Read and 

Ordered, That the Treasurer be directed to pay the Petitioner the 
four pounds stopped of the Wages of his s** Servant Sam' Smith 
Howard a Soldier in the last Crown-Point Expedition, on Account 
of his not returning his Arms. [^Passed January 24. 



[3d Sess.] Pkovince Laws {Resolves, etc.). — 1757-58. 139 



CHAPTER 320. 

VOTE ALLOWING PAY AND SUBSISTENCE FOR EIGHT ADDITIONAL MEN Legislative 

TO THE GARRISON AT FORT HALIFAX. Records of the 

Council, xxu., 

In the House of Representatives, Archives, " 

Voted, That there be allowed pay and Subsistence for eight Men ^^xvn., 46i. 

in Addition to those already Allowed for the Garrison at Fort- ^a"p®29°"^" 
Halifax by the Establishment passed this House the 19^^* Instant. Post,\^, 
In Council, read and Concurred. \^Passed January 24. *^ ^^' 



CHAPTER 321. 

VOTE INCREASING THE PAY OF SOLDIERS ABOUT TO BE DISCHARGED 
AT FORT HALIFAX, AND FOR A NEW ENLISTMENT OF MEN TO SERVE 
THERE. 

A Petition of Richard George and others, Soldiers at Fort Hali- liCgiBiative 
fax, setting forth the extraordinary duty they are obliged to perform councif, xxu.^ 
at that Fort, when at the same time they do not enjoy the priviledges Archives^^' 
which the Soldiers at the other Garrisons do enjoy, as their Situa- ixxvii., 286. 
tion will not permit them to make those little Advantages by fishing House Jour, 
or otherwise which other Soldiers can do; but that their Wages are province*^' ^^^" 
reduced to the same Establishment with the other Garrisons; And Laws, xv., 707, 

-r, ,. J. ' chap. 448. 

praying Reiiei. 

Read and 

Voted That the Prayer of this Memorial be so far granted, as 
That the Chief Commanding Officer at Said Fort be and hereby is 
Allowed to make up his Pay-Roll agreeable to the former Estab- 
lishment mentioned ; And That his Excellency the Cap* General be 
desired to give Orders for inlisting such a Number of able Bodied 
Effective Men as shall be wanting to supply the places of the Peti- 
tioners; And when that Number shall be Compleated, to cause the 
Petitioners to be dismissed from the service. \^Passed January 24. 



CHAPTER 322. 



RESOLVE ALLOWING £25 TO AMOS PUTNAM. 



A Petition of Amos Putnam of Danvers in the County of Essex; Legislative 
setting forth, that he was employed as Surgeon to a Regiment in coundf xli?^ 
the Expedition against Crown point in the year. 1755. and after the 223. Mass. 
Army broke up was prevailed on by the Committee of the General ixxvi'Caes. 
Court appointed to reside at or near Albany to tarry at Fort Wil- u^. 
liam Henry, who promised him pay as long as he should continue ^^^j^^feg 
there, but notwithstanding this, he was borne in the Muster Roll House'jour. 
considerably short of the time he was employed in said Service, province'^' '^^' 
And praying that he may be allowed Wages according to Agree- ^hlT^'sof''*^^' 
ment for his hazardous and very fatiguing Services during that 
time. 

Read and 

Resolved, that the Prayer of this Petition be so far granted as 

* This vote passed the Council and was signed by the Governor 25 Jany. 1758. 



140 



Province L aws ( Resolves ,etc.). — 1757-58. [ Chap . 323.] 



That there be allowed and paid out of the public Treasury to the 
Petitioner the sum of twenty five pounds, being in full for two 
Months and an half Wages from the 14''^ January 1756 to the 31'* 
March following. [Passed January 24. 



CHAPTER 323. 



Legislative 
Records of the 
Council, xxii., 
223. Mass. 
Archives, 
Ixxvii., 466. 

Legislative 
Records of the 
Council, xxii., 
213. House 
Journal, 
pp. 289, 305. 



VOTE EMBODYING INSTRUCTIONS FOR THE COMMISSIONERS APPOINTED 
TO CONFER WITH THE OTHER NEW ENGLAND GOVERNMENTS FOR 
CONCERTING MEASURES FOR MUTUAL DEFENCE. 

The Committee appointed the 20. Instant to prepare Instruc- 
tions To the Commissioners appointed to meet Commissioners from 
the other Governments, reported a draft of such Instructions, which 
is as follows, Viz' 

1. Considering the great Danger the said Colonies are exposed to 
from the growing Power of the French at Canada; especially Since 
they have taken from us, during the Course of the unhappy War we 
are engaged in. Several important Fortresses which kept their 
Troops employ'd at a distance from us : and being now deprived 
of them, it becomes the more necessary to write our Counsels & 
Arms for our mutual Protection and Defence : Wherefore, you are 
directed to concert with said Commissioners proper Measures for 
that End, and to lay a Plan for the Union of S** Colonies, which 
you Shall judge most conducive thereto; that in Case any of them 
are attacked either by Sea, or on the Side of Canada, the Forces of 
all of them may act in conjunction, or in such manner as shall best 
serve to annoy and repulse the Enemy. 

2. To render more effectual such a Plan of defence, you are to rep- 
resent to them the Expediency of said Colonies being provided with 
a Suitable Train of Artillery, with the necessary Ammunition & 
Stores; and settle with them the number and quantity of each; and 
the quota that each Colony shall furnish : also the expediency of 
providing magazines of such Ammunition & Stores in Such places 
as will be most suitable for supplying s*^ Artillery in case we should 
be attacked : and likewise Magazines of Provision. 

3. You are to represent to them the Expediency of each Colony's 
being provided with an Armed Vessel for the Protection of their 
Trade and Sea Coasts; and consult with them about the cruize, and 
time of cruize of each Colony's Vessel, that so every part of the Sea 
Line of said Colonies may be Suitably guarded. 

4. Represent to them the Expediency of building a Fort at Penob- 
scot, and our readiness to join with them in measures for that Pur- 
pose, notwithstanding the great charge we are at in maintaining the 
several Forts we already have Seaward. Also the building a Fort 
upon Connecticut River or in the neighbourhood thereof within the 
Province of New Hampshire in Order to encourage the Settlement 
of that part of the Country: And recommend it to the New Hamp- 
shire Commissioners for that Government to make Grants there 
upon a military tenure: Viz; That the Grantees should hold their 
Lands on Condition of their employing Scouts in a time of War for 
the defence of the Country; and that Such Lands should not be 
Subject to any Taxes whatever. 

5. You are to propose to S'^ Comissioners that s<^ Colonies should 
jointly Send Scouting Parties into the Enemy's Territories to dis- 
tress them, in like manner as they have us. 



[3d Sess.] Province LiAws {liesolves, etc.). — 1757-58. 141 

0. You lire to enquire in Conjunction with s'^ Commissioners 
whether tliere be any defects in the Eegulation of the militia of s*^ 
Colonies; and if so, to point them out that they may be remedied, 
in order that the militia of each Colony may be a real defence to 
the Whole. 

7. You are to propose to s** Comissioners the sending out of Parties 
at the joint charge of s** Colonies for gaining a more thoro knowl- 
edge of the Country between us and Canada; by way of Kennebeck 
River and N'' 4; and any other way you judge proper. 

8. You are directed to enquire of them what measures their respec- 
tive Governments are likely to come into for promoting his Majes- 
ty's Service the present Year: that the measures of all the said 
Governments may be one and the Same, or as near alike as may be. 

9. You are directed to concert proper measures with said Commis- 
sioners for the redemption of the Captives of the several Govern- 
ments, that are at Canada. 

10. In setling the quota of any common charge, you are to repre- 
sent to s^ Comissioners the great Expence this Government has been 
at, and is still at in defending it's extensive Frontier; guarding it's 
Sea Coasts &c in order to lessen the Quota that otherwise would 
belong to this Government to pay. 

11. In all Matters relative to the Crown's Right & Prerogative; 
and wherein the Comand of the Captain General is concerned, you 
are to consult his Excellency the Governor; and also in all matters 
that are the Subject of these Instructions. 

12. You are to make report to this Court of your Doings in the 
matters mentioned in these Instructions, as soon as may be, for their 
Consideration and final Determination. [Passed January 24. 



CHAPTER 324. 



VOTE ALLOWING MANAGERS OF GERMAN TOWN LOTTERY THE USE OF Legislative 

REPRESENTATIVES ROOM. Records of the 

Council, xxil., 

226. Mass. 

Voted, That the Managers of the German town Lottery (so called) ^x^x^^fj^'g^ 
be and hereby are allowed to make use of the representatives Room 



in the recess of the Court to draw the several Classes of said Lot- naiyp^302^^ 
tery, as also the use of the Province Boxes, on Condition of their La^iTit 1053 
making good any Damage that shall ensue in Consequence thereof chap.'ii. ' 
to the said room or Boxes. [Passed January 24. 



CHAPTEE 325. 

VOTE THAT NO OFFICER OF MILITIA THAT MARCHED TO RELIEF OF 
FORT WILLIAM HENRY BE ALLOWED TO MAKE UP A PAY ROLL FOR 
LESS THAN A MARCH OF FIFTEEN MILES. 

Voted, That no officer of the Militia be allowed to make up a Legislative 
Pay-Roll for Any Men under his Comand that marched on the late Records of the 
Alarm for the relief of Fort William Henry unless they marched -m^ukfs^^^'' 
fifteen Miles from their respective homes: And That no Roll h^xvnlftea. 

be accepted for payment untill first sworn to by such officer as shall House .loumai, 
return the same. [Passed. Januaru 24. v- 85 (August, ' 

"- ^ 1756-7) ; p. 300. 



142 



Province Laws {Resolves, etc.) . — 1757-58. [Chaps. 326-328.] 



CHAPTER 326. 



RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxii., 

2-27. 

House Jour- 
nal, p. 294. 



Resolved That there be allowed and paid out of the publick 
Treasury to M'' Eichard Bailey for the Use of Daniel Talbot Twelve 
pounds ten shillings and eight pence; To William Collins Esq"" for 
the use of John Fearn Fifty eight shillings ; to M'' Thomas Morey 
for the use of Nathan Williams Fifty eight shillings ; To M'' Henry 
Gardner for the use of Jonathan Peirce, Fifty eight shillings and 
eight pence; for the Use of peter Graves Fifty four shillings and 
eight pence; and for the Use of John Davison ten shillings; to John 
Osgood Esq'' for the use of Enoch Foot, Four pounds eight shil- 
lings and eleven pence To Daniel Epes Jun"" Esq"" for the Use of 
Hannah Shaw Seven pounds ten shillings ; To M'' David Wilder for 
the use of Jonathan Houghton Thirty four shillings ; To Elisha Jones 
Esq'' for the Use of Daniel Hagar Four pounds Sixteen shillings; 
To Thomas Cheney Esq'' for the use of Josiah Burt Three pounds; 
And to Artimas Ward Esq"" for the use of Ebenezer Liscom ten 
shillings; in consideration of the Expence, Sufferings and Services 
in their respective Petitions mentioned. [Passed January 24. 



CHAPTER 327. 

ORDER DIRECTING THE PROVINCE TREASURER TO DELIVER TO GOV. 
LAWRENCE THE ACCOUNTS OF COST OF SUPPORTING FRENCH NEU- 
TRALS. 



Legislative 
Records of the 
Council, xxii., 
227. Mass. 
Archives, 
xxiii., 610. 

House Jour- 
nal, p. 300. 



Ordered that the Treasurer deliver to the Agents of His Excel- 
lency Governor Lawrence in this Province the Accounts of the 
Charge of supporting Jaques Morris & others of His Company 
which came hither from the Southern Colonies, which Accounts 
are now before the Court; and the Treasurer is to desire payment 
thereof, or otherwise to desire such Agents to transmit such Ac- 
counts to Governor Lawrence for his Order thereon agreeable to 
the Assurances given to the Province. [Passed January 24. 



CHAPTER 328. 



ORDER REFERRING ALL UNFINISHED MATTERS. 



Legislative 
Records of the 
Council, xxii., 
227. 

House Jour- 
nal, p. 305. 



Ordered that all Matters that had day at the present Sitting of 
the Court, and have not already been. Or shall not be passed on 
before the Court rises be referred and have the same day at their 
next Sitting. [Passed January 24. 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 143 

CHAPTER 329. 

RESOLVE ALLOWING £2. 16. 8 TO BENJ* KEITH. 

A Petition of Benjamin Keith ; praying for the half pay of his Legislative 
Servant Ebenezer Prat on his reinlisting into the Service for the counclf xx*n^ 
hist Crown point Expedition. 229. Mass^ 

Ti J J Archives, 

Read and ixxvu., 142. 

Resolved, That there be allowed and paid out of the public Treas- Mass. 
ury to Nath' Sumner Esq' for the use of the Pef the sum of two j^x'^^V^^ih 
pounds Sixteen shillings and eight pence, being the half pay his s"^ HouseJour- 
servant Eben"" Pratt was entitled to on his reinlisting into the ser- °*^' ^' ^^' 
vice on the last Crown-point Expedition. \_Passed January 24.^ 



CHAPTER 330. 

VOTE ESTABLISHING PAY AND SUBSISTENCE OF SOLDIERS ON THE 

FRONTIERS. 

Voted that the following Establishment be made for the protection Legislative 
and Defence of the Frontiers of this Province Viz* Coundf xxil^ 

215. ' * 



On the Eastern Frontiers. Mass. 

Archives, 

That there be pay and Subsistence allowed at Fort Halifax to ixxvii., 469-471. 
one Captain, one Lieutenant, three Sergeants, four Corporals one nai, p. 285, 286. 
Armourer, one Drummer, a Chaplain and thirty privates & no Laws^xv. 707 

more. chap. 448. 

At the Storehouse at Cushnoc to one Lieutenant and fifteen pri- chap'. 52. * 
vates and no more. 

At the Truckhouse at Saco to fifteen Men and no more, includ- 
ing one Lieutenant, one Sergeant and one Corporal. 

At Fort Brunswick to five Men and no more including one Ser- 
geant. 

At Fort Frederick at pemaquid to twelve Men and no more in- 
cluding one Lieutenant, one Sergeant and one Corporal. 

At the Truck house at Saint Georges to thirty five Men and no 
more, including a Captain, one Lieutenant, one Sergeant, two Cor- 
porals one Drummer and one Armourer. 

On the Western Frontiers. 

That there be pay and Subsistence allowed at Fort Massachusetts 
to One Lieutenant, One Sergeant, One Corporal, One Drummer and 
Twenty privates and no more; said Men to be employed in Scouting 
as his Excellency the Captain General shall order and direct. 

At Charlemont to Sixteen privates and no more, eight of whom 
at Hawks's Garrison, and eight at Taylors. 

At Colerain Twelve privates and no more. 

At Fall Town to twelve privates and no more. Six of whom at 
Burks Garrison, and the other Six at Sheldons; All the said Men at 
Charlemont, Colerain and Fall Town to be employed in constant 
Scouting in such manner as the Captain General shall order and 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is January 25. 



144 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 331, 332.] 



Legislative 
Records of the 
Council, xxii., 

228. Mass. 
Archives, 
Ixxvii., 325. 

Mass. 
Archives, 
Ixxvii., 326. 
House Jour- 
nal, pp. 304, 305. 



direct, And that there be allowed them one Lieutenant, three Ser- 
geants & one Corporal, 

At the Block ' at West Hoosuck to ten men of the Inhabitants; if 
so many Settlers there are, for the defence of that place with one 
Sergeant to command them; and if there are more than ten Settlers 
they to do duty alternately ten at a time. 

At Pontoosuck to Six Men at Williams's Garrison, and to Six at 
Gutteridges of the Inhabitants if so many there be, and if there is 
a greater number of Inhabitants there, that number to do duty 
alternately. 

All the aforesaid Officers and Men to receive the same pay and 
Subsistence as by the last Establishment for those places respec- 
tively except that five shillings and four pence ^ AVeek only shall 
be allowed for the Subsistence of those at Fort Massachusetts to 
continue to the 15*^^ day of April next and no longer. \^Passed 
January 25.^ 



CHAPTEK 331. 

RESOLVE ALLOWING £9. 12 AND A FURTHER SUM OF £6 ANNUALLY 

TO DAVID THOMPSON. 

A Petition of David Thompson of Stoughton; setting forth 
That he was an enlisted Soldier in the j)ay of this province and lost 
his Arm at the Seige of Fort William Henry, That he was at the 
Expence of a Conveyance home and of a Doctor after his Eeturn; 
And praying an Allowance on Account of his Sufferings and Ex- 
pences; And of his being thus disabled to provide for his own 
Support. 

Eead and 

Resolved That there be allowed and paid out of the public Treas- 
ury to the Petitioner the sum of nine pounds twelve shillings in 
Consideration of his Sufferings and Expences mentioned. And That 
there be further allowed & paid him a Pension of Six pounds per 
Annum, yearly, during the pleasure of this Court. \^Passed Jan- 
uary 25. 



CHAPTEK 332. 



RESOLVE ALLOWING £8. 5. 6 TO JOHN WRIGHT. 



Legislative 
Records of the 
Council, xxii., 

228. 

Executive 
Records of the 
Council, xiii., 
335. House 
Journal, 
pp. 299, 303. 



A Petition of John Wright; praying an Allowance for three 
Hundred and thirty one Meals of Victuals supplied the Soldiers of 
this province who were in the Capitulation of Fort William Henry 
after their return from Lake George. 

Read and 

Resolved That the Prayer of this Petition be so far granted, as 
that there be allowed and paid out of the publick Treasury to the 
petitioner the sum of Eight pounds five shillings and six pence in 
full for the Subsistence he afforded the Soldiers on their return 
from the last Campaign as mentioned in the Schedule annexed. 
\^Passed January 25. 

1 The House Journal, p. 286, reads, "Block-House." 

"^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is January 21, but a note below the vote states that the establishment was 
not completed till the 25th instant. 



[3d Sess.] Province Laws {Resolves, etc.). — 1757-58. 145 



CHAPTER 333. 

VOTE ALLOWING A BOUNTY TO SOLDIERS AT FORT HALIFAX AND THE Legislative 

STORE HOUSE AT CUSHNOC. Couucif xxll'^ 

2-29. Mass. 

Voted That a Bounty of two Dollars be allowed to each of the tx^^^^.T^^,.^. 
soldiers at Fort Halifax t& the Store house at Cushnoc whose time House Jour- — 
of Inlistment is now expired on their reinlisting for the Term of nai, p. 305. 
One year longer in said Service, And for whom provision is made ci'ap.m ' 
by the last Establishment for the Frontiers. \^Passed January 25. 



CHAPTER 334. 

RESOLVE ALLOWING £13. 6. 8 AND A FURTHER SUM OF 5/ 2 TO THOMAS 

GOTT, 

A Memorial of Thomas* Gott: setting forth that in the Crown Legislative 
point Expedition in 1755. he Acted as Surgeons Mate to Doctor councif, xliilf 
Brigham in Col° Browns Regiment and afterwards in Col° Bagleys 215. Mass. 

o A rc h 1 V G 8 

Regiment, & was made up two Months and an half short in the ixxvii., 269. 
Muster Roll ; And praying an Allowance, as also for Administring Mass. 
to Solomon Bathrick a Sick Soldier. wv^^^'^q 

Read and House Jour- 

Resolved That there be allowed and paid out of the public Treas- ml^^' ' ' 
ury to Cap' Jabez Upham for the use of the Petitioner the sum of 
thirteen pounds six Shillings and eight pence, in full of the two 
months and an half Wages due to him after Col" Bagley's Roll was 
made up as within mentioned, with the further sum of five Shil- 
lings and two pence in discharge of his Ace'' exhibited. [Passed 
January 28.^ 

^ The House Journal, pp. 196, 237, 240, reads ; Benjamin Gott. 

^ This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is January 21. 



146 



Province Laws (Besolves, etc.). — 1757-58. [Chaps. 335, 336.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Second Day of March, A.D. 1758. 



CHAPTER 335. 



Legislative 
Records of the 
Council, xxii., 
240. Mass. 
Archives, 
Ixxvii., 477. 

House Jour- 
nal, p. 312. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING LYDIA HARVEY, ADM^, TO SELL LAND AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Lyclia Harvey Administratrix of the Estate of her 
late Husband Ephraim Harvey deceased, setting forth, That the 
deceaseds personal Estate is insufficient to pay his just Debts, that 
there will remain more than Twenty pounds Unsatisfied ; And pray- 
ing She may be impowered to make Sale of about eighteen Acres 
of unimproved Land lying in Taunton, which her said Husband 
bought of one Jacob Babbit, that she may be thereby enabled to 
discharge the said Debts. 

Kead and 

Ordered, That the Prayer of this Petition be granted; And that 
the Petitioner be & she hereby is impowered in her said Capacity 
of Admin^ to make Sale of the Land mentioned for the most the 
same will fetch, and to make and execute a good and sufficient 
Deed or Deeds of the same to such Person or Persons who shall 
appear to give most for the same, she Observing the Directions of 
the Law respecting the Sale of real Estates by Exec>' & Admin" and 
giving sufficient Caution to the Judge of Probate &c for the County 
of Bristol, that the over plus arising by said Sale (if any be) after 
paying the deceased's Just Debts shall be distributed agreeable to 
Law. [Passed March 3. 



CHAPTER 336. 



Legislative 
Records of the 
Council, xxii., 
240. 

House Jour- 
nal, pp. 313, 314. 
Province 
Laws, iii.,64, 
chap. 32. 



ORDER ADJOURNING THE COURTS OF PLYMOUTH COUNTY. 

Whereas the Court of General Sessions of the peace and Infe- 
riour Court of Common pleas are by Law appointed to be held at 
Plymouth for the County of Plymouth on the first Tuesday of 
March current, and divers of the Justices of said Courts and divers 
other persons who are concerned in Business there are Members of 
this Court, and the very important Affairs of the province now 
depending require their Attendance. 

Wherefore 

Ordered That the said Court of General Sessions of the peace and 
Inferiour Court of Common pleas which by Law are to be holden at 
Plymouth aforesaid, be and hereby are Adjourned to the first Tues- 



[4th Sess.] Province Laws {Resolves, etc.), — 1757-58. 14'] 

day of April next : To be held at the Court house in said Town of 
Plymouth at ten of the clock in the Forenoon of said day. And all 
pleas, Writs Actions, Suits and Complaints, processes, precepts, 
Recognizances and other thing and things whatsoever returnable 
and Having day or days in the said Courts, shall stand abide and 
continue unto the said Adjournment, and be held deemed and ad- 
judged to be as good effectual and available in Law to all intents 
and purposes whatsoever, as if such Courts had been held and kept 
on the day by Law for holding the same, and no Adjournment 
thereof had been made. \^Passed Marcli S. 



CHAPTER 337. 



RESOLVE ALLOWING 36/ TO JOHN SAVAGE. 



A Petition of John Savage of Concord, setting forth. That being Legislative 
a Soldier in the late Crown point Expedition he was taken Sick on oounclf xx^i^ 
the 23'^ day of August last, and so continued for Six Weeks or up- 242. Mass. 
wards, and was at the expence of a Doctor and Medicines during ixxvVilflss. 
his Sickness; And praying an Allowance. m&ss. 

Eead and I'^x^vu^^lss 

Resolved, That there be allowed and paid out of the Public Treas- House'jo'ur. 
ury to tlie Petitioner thirty six Shillings in Consideration of his '^^'•p-^i*- 
Expences in his Sickness whilest in the service on the last Crown 
point Expedition as Mentioned. \^Passed Marcli 7. 



CHAPTER 338. 

RESOLVE ACCEPTING REPORT OF COMteb APPOINTED TO BURN GOV- 
ERNM"^ SECURITIES AND DISCHARGING THE PROVINCE TREASURER 
OF THE SUM OF £25,607. 19. 8. 

The Committee appointed to receive of the province Treasurer Legislative 
the Government Securities redeemed by him, and to see the same ?^!;"^.n^ ?-t^?® 
burnt made the following report 242. Mass. 

Boston February. 1T\ 1758. t^^''''' ""- 

Received of M'' Treasurer Gray a Government Security for Forty Mass. 
two pounds payable the 1"^ Dec"" 1756 which with the Interest of ^f'^iou'ae"" 
Five pounds one shilling and four pence makes Forty seven pounds Journal, p. 318. 
one shilling and four pence ; Also Government Securities payable ^hapl 76.^^' 
10 May. 1756. Amounting to One hundred and Fifty pounds six 
shillings and eight pence which with the Interest of Twenty pounds 
fourteen shillings amount to One hundred Seventy one pounds and 
eight pence; Also Government Securities that were redeemable the 
1 January. 1757. Amounting to One thousand nine hundred and 
eighty pounds six shillings and six pence which with the Interest 
of Two hundred and twenty nine pounds two shillings And eleven 
pence makes the sum of Two thousand two hundred and nine pounds 
nine shillings and five pence ; Also Government Securities that be- 
came due the 2'^ June. 1757. Amounting to Three hundred thirty 
two pounds seven shillings & nine pence, which with the Interest of 
Twenty six pounds ten shillings and one penny. Amount to Three 
hundred fifty eight pounds seventeen shillings and ten pence; Also 



148 



Province Laws {Besolves^ etc.). — 1757-58. [Chaps. 339, 340.] 



Government Securities that were due the 1 June. 1757. Amounting 
to Four thousand four hundred forty six pounds fourteen shillings 
and nine pence; Also Government Securities payable the 10 June. 
1757. Amounting to Fourteen thousand two hundred forty five 
pounds fifteen shillings and two pence which with the Interest of 
Twelve hundred eighty eight pounds twelve shillings and nine pence 
Amount to Fifteen thousand five hundred thirty four pounds seven 
shillings and eleven pence ; Also Government Securities that were 
payable the 30 June. 1757. Amounting to two thousand six hun- 
dred forty three pounds eight shillings and five pence which with 
the Interest of One hundred and Ninety six pounds Nineteen shil- 
lings and four pence make Two thousand eight hundred forty pounds 
seven shillings and nine pence ; All which Securities with the Inter- 
est thereon Amount to Twenty five thousand six hundred and seven 
pounds nineteen shillings and eight pence we have seen burnt and 
consumed to ashes. 

J, Osborne ^ Order. 

Read and 

Resolved That this Report be Accepted ; And that The Treasurer 
be discharged of the several Sums mentioned, amounting to Twenty 
five thousand Six Hundred & seven pounds nineteen shilP and 
eight pence, accordingly. [Passed March 8. 



Legislative 
Records of tlie 
Council, xxii., 
243. 

House Jour- 
nal, p. 319. 
Province 
Laws, iii., 1063 
note. Ante, 
p. 121, chap. 
267. 



CHAPTEE 339. 

RESOLVE ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON 
TEA COFFEE AND CHINAWARE FOR THE COUNTY OF PLYMOUTH, AND 
ALLOWING 28/8 FOR THE EXPENSE THEREOF. 

Gamaliel Bradford Esq^ from the Committee for farming out 
the Excise on Coffee Tea and China Ware in the County of Plym- 
outh made report that they had Sold the same to M"" John Russell 
of Plymouth for the sum of Sixty one pounds six shillings and 
eight pence; And prayed Allowance of their Expence, and for their 
time Amounting to twenty eight shillings and eight pence. 

Read and Accepted and 

Resolved That there be allowed and paid out of the publick Treas- 
ury the sum of Twenty eight shillings and eight pence to the said 
Committee in discharge of their Account of Time and Expences 
exhibited. [Passed March 8. 



CHAPTER 340. 

ORDER GRANTING TO ELISHA FULLER LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, xxii., 
244. 

Mass. 

Archives, cxi., 
408. House 
.Journal, 
pp. 319, 325. 



A Petition of Elisha Fuller of Newton; setting forth, That he 
dwells near the Center of said Town, where there is no House of 
publick Entertainment, and having been desired by some of the 
principal persons in the Town to entertain the Officers and Soldiers 
upon the days of their publick Musters; prays that the Court of 
General Sessions of the peace for the County of Middlesex may be 
impowered to grant him a Licence for that purpose. 

Read and 



[4th Sess.] Province Laws (^Resolves, etc.). — 1757-58. M9 

Ordered That the prayer of this petition be granted, and that the 
Justices of the Court of General Sessions of the peace for the County 
of Middlesex be and hereby are impowered at their next term to 
grant the petitioner a Licence (if they see fit) under such Restric- 
tions and Limitations as they shall judge proper to keep an House 
of publick Entertainment on Training days and other publick days 
in said Town, the time for grunting Licences being elapsed not- 
withstanding. \^Passed March 8. 



CHAPTEK 341. 

ORDER GRANTING TO ELIZABETH BROOKS LICENCE TO SELL STRONG 

DRINK. 

A Petition of Elizabeth Brooks of Woburn Widow, setting forth Legislative 
That her Husband lately deceased was a Retailer of Spirituous councif, xxil? 
Liquors in said Town, and being well provided with a Stock to '^chives^ cxx 
carry on the business; praying that the Court of General Sessions 226. 
of the peace for the County of Middlesex may be impowered to Mass. 
grant her a Licence to retail such Liquors. ^sf'^House^''^'' 

Read and journal, p. 321. 

Ordered, That the Prayer of this Petition be granted, And Y*^ the 
Justices of the Court of General Sessions of the peace for the 
County of Middlesex, be and hereby are impowered at their next 
Term to grant the Petitioner a Licence (if they see fit) to be a 
retailer of Spirituous Liquors in the Town of Woburn, She first Ob- 
taining the Approbation of the Selectmen of Said Town, the Time 
for granting Licences being Elapsed nowithstanding. \^Passed 
March 8. 



CHAPTER 342. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO WILLIAM 

SNOW. 

A Petition of William Snow of Rochester, setting forth that he Legislative 
was a Soldier in the late Crown point Expedition and returned his coundf xxu ^ 
Arms to M'' Cox Storekeeper at the Half Moon, notwithstanding 246. Mass'. 
which there is Four pounds deducted from his Wages for his Gun, \^^^l\.%h\. 
as not being returned. House Jour- 

Read and nai, p- 32,5. 

Province 

Ordered, That the Treasurer be directed to pay the Petitioner the Laws, xv., 695, 
four Pounds stopped out of his Wages due on the last Crown-point *'*^''^' *^^" 
Expedition on account of his Arms not being returned. \^Passed 
March 9. 



CHAPTER 343. 

ORDER ADJOURNING THE COURTS OF BRISTOL COUNTY. 

Whereas divers of the Justices of the Inferiour Court of Com- Legislative 
mon pleas, and Court of General Sessions of the peace, which by c^uncn^xVa® 
Law are to be held at Taunton in the County of Bristol on the 246. 



150 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 344, 345.] 



House Jour- 
nal, p. 328. 
Province 
Laws, iii., 64, 
chap. .S2; 313, 
chap. 15. 



second Tuesday of March instant are Members of this Court, and 
the important Affairs of the province require their Attendance 
thereon. Wherefore 

Ordered That said Courts be and hereby are adjourned to the sec- 
ond Tuesday in April next, And that all Matters and Things that 
might have day at said Courts on said second Tuesday of March 
shall be heard and tried on the said second Tuesday of April; and 
that all officers and other persons concerned in said Courts conform 
themselves accordingly. \^Passed March 9, 



CHAPTER 344. 



Legislative 
Records of the 
Council, xxii., 
246. 

House Jour- 
nal, J). 328. 
Province 
Laws, ill., 64, 
chap. 32. 



ORDER ADJOURNING THE COURTS OF MIDDLESEX COUNTY. 

Whereas divers of the Justices of the Inferiour Court of Com- 
mon pleas and Court of General Sessions of the peace which by 
Law are to be held at Charlestown in the County of Middlesex on 
the second Tuesday of March instant, are Members of this Court, 
and the important Affairs of the province require their Attendance 
thereon. Wherefore 

Ordered that the said Courts be and hereby are adjourned to the 
third Tuesday of April next ; and that all Matters and Things that 
might have day at said Courts on said second Tuesday of March 
shall be heard and tried on the said third tuesday of April, And 
that all Officers and other persons concerned in said Courts conform 
themselves accordingly. [Passed March 9. 



CHAPTER 345. 



ORDER IMPOWERING SAM^ WHITE AND WILLIAM WOOD TO DEFEND AN 

ACTION. 



Legislative 
Records of the 
Council, xxii., 
247. 

House Jour- 
nal, pp. 318, 329, 
330. Province 
Laws, iii., 64, 
chap. 32; 313, 
chap. 15. 



A Petition of William Wood and Samuel White Agents for the 
proprietors of a place called Horse Neck in the Town of Dartmouth 
setting forth That at the Inferiour Court at Taunton for the County 
of Bristol in December last, one John Sowle of said Dartmouth 
brought an Action against the proprietors of said Neck to recover 
£20. 14. 9I/2 for sundry Services and Disbursements; That tlie pro- 
prietors chose an Agent to appear for them at said Court, but the 
Meeting of the proprietors being called (thro mistake) by three of 
them only, when there ought to have been five, the Appearance was 
disallowed by the Court, and the Action went by default against 
the proprietors ; And praying Eelief . 

Kead and 

Ordered That the prayer of this petition be so far granted , as that 
the proprietors of the Horse Neck (so called) in Dartmouth in the 
County of Bristol be and they are hereby allowed and impowered to 
defend the Action which was originally commenced against them at 
the Inferiour Court of Common pleas held at Taunton for the County 
of Bristol on the second Tuesday of December last, at the Inferiour 
Court of Common pleas to be holden at Taunton for the County 
aforesaid on the second Tuesday of June next, And the said Court 



[4th Sess.] Province Laws {Resolves^ etc.). — 1757-58. 151 

is hereby impowered and directed to hear and try the same, enter 
up Judgment and award Execution thereon, the Default mentioned 
notwithstanding; provided the petitioners serve the said Sowle with 
a Copy of this Order fourteen days at least before the Sitting of said 
Court on the second Tuesday of June next, And that the Judgment 
given on the default mentioned be and hereby is Superseded. 
\Passed March 10. 



CHAPTER 346. 

ORDER IMPOWERING JOHN CHANDLER, J", ADM^ TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of John Chandler jun'' Administrator of the Estate Legislative 
of William Johnson late of Worcester Blacksmith deceased, setting councif xxil!^ 
forth that the said William died seized of 500 Acres of Land at ^48. 
Charlemout of little Value, and of about Six acres of unimproved House Jour- 
Land in Worcester apprized at £3. 13. That he died insolvent; And 330,' ^l p'rov- 
praying that he the said Administrator may be impowered to Sell i5i%hap^%" ' 
the said Lands for the benefit of the Creditors. 

Eead and 

Ordered That the prayer of this petition be so far granted, as 
that the petitioner in his said Capacity of Administrator be and he 
hereby is impowered to make Sale of the Lands mentioned for the 
most the same will fetch, and to make and execute a good deed or 
deeds of Conveyance thereof in Law, he observing the directions 
of the Law respecting the Sale of Real Estates by Executors and 
Administrators and giving sufficient Caution to the Judge of Pro- 
bate for the County of Worcester to Account for the produce of said 
Sale, so that the same may be proportioned among the several Cred- 
itors according to their respective demands. \^Passed March 10. 



CHAPTER 347. 

ORDER IMPOWERING CORNELIUS STURTEVANT AND JON^ TILSON, GUAR- 
DIANS, TO SELL LAND AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Cornelius Sturtevant and Jonathan Tilson of ^egisiative 
Plympton in the County of Plymouth, Guardians of Seth Eaton councif, xxii.f 

and James Eaton Minors, Sons of Benjamin Eaton late of Kingston "^^ 

deceased ; setting forth that each of the said Minors have about Six ^a°i"pp'322^33o 
or Seven Acres of Land set off to them in several pieces, which lye Province 
without Fence and unimproved; And praying that they may be chap%'.'' ^^^' 
impowered to Sell the same that they may improve the produce at 
Interest for the benefit of said Minors. 

Read and 

Ordered That the prayer of this petition be granted, and that the 
petitioners be and they hereby are impowered (in their s*^ Capacity 
of Guardians) to make Sale of the Lands mentioned for the most 
the same Avill fetch, and to make and execute a good deed or deeds 
thereof in the Law, they observing the direction of the Law respect- 
ing the Sale of Real Estates by Executors And Administrators; 



152 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 348, 349.] 



Legislative 
Records of the 
Council, xxii., 

250. 

House Jour- 
nal, j)p. 334, 335. 
Province 
Laws, iv., 18, 
chap. 3. 



provided they give sufficient Cautiou to the Judge of probate &c. 
for the County of Plymouth that the proceeds of said Lands with 
the Interest arising thereon be secured to the said Minors. \^Passed 
March 10. 



CHAPTEK 348. 

ORDER TRANSFERRING CERTAIN APPROPRIATIONS TO CERTAIN OTHER 
PURPOSES THAN THOSE ORIGINALLY NAMED. 

Ordered That there be a Transfer of the sum of Two hundred 
pounds from the Appropriation for Grants to the Appropriation 
where there is no Establishment, And of the sum of Four hundred 
and sixty pounds four shillings from the Appropriation for Crown 
point, to the Appropriation for Bounty to encourage Men to inlist 
under Lord Loudoun, And of the Sum of Eight hundred thirty six 
pounds, twelve shillings and eleven pence from the said Appropria- 
tion for Crown point, to the Approi^riation for billeting; Also of 
the sum of Fifteen hundred pounds from the Appropriation for the 
Commissary's Disbursements to the Appropriation for Forts and 
Garrisons, And that the Treasurer conform himself accordingly. 
^Passed March 11. 



CHAPTER 349. 



ORDER IMPOWERING BEATRICE NELSON, ADM-^, TO SELL LAND. 

Refordsof the ^ PETITION of Beatrice Nelson of Brimfield in the County of 
Council, xxii., Hampshire Administratrix of the Estate of George Nelson of said 

— '- Brimfield deceased; setting forth. That the deceaseds personal Es- 

naill'pp. 324)^333. tate is not sufficient to pay his Debts; That he had in his Lifetime 
LawsTi*' 1.51 bargained for two Acres of Meadow, That the whole Eeal Estate 
chap. 10."' ' ' consists of Sixty three Acres of Land in Brimfield aforesaid with 
some Buildings on the same; And as it must Spoil it for a Settle- 
ment to Sell off a part, praying that She may be impowered to Sell 
the whole under such Eestrictions as may be thought proper. 
Bead and 

Ordered That the prayer of this Petition be granted, and that the 
within named Beatrice Nelson in her said Capacity be and hereby 
is impowered to make Sale of the whole of the Real Estate men- 
tioned and described and to make and execute a good deed or deeds 
in the Law of the same She observing the Rules of the Law respect- 
ing the Sale of Real Estates by Executors and Administrators, and 
giving sufficient caution to the Judge of Probate for the County of 
Hampshire where the deceased dwelt for the due Application of 
the Monies arising by said Sale, and for her duly Accounting for 
the Overplus (if any there be). \^Passed March 11. 



[4th Sess.] Province Laws {Resolves, etc.). — 1757-58. 153 



CHAPTER 350. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £3. 4 TO CALEB 
GUSHING IN EXCHANGE FOR £6 NEW TENOR BILLS OF CREDIT. 

Ordered That the province Treasurer be and he hereby is directed ^^^^If^'^f^v^ 
to pay to Caleb Cashing Esq"' Three pounds four shillings for Six council, xxii., 

pounds New tenor in bills of Credit on this province in his posses- ^— 

sion ; He delivering to the said Treasurer the said province Bills, na^i^p! 328!'^" 
\^Passed March 11. 



CHAPTER 351. 

VOTE TO PAY WITNESSES IN SUIT OF SOLOMON WHITNEY AGAINST 

CAPT. ZEDEKIAH STONE. 

Voted that the several Witnesses summoned by the Clerk of the Legislative 
House to give evidence of what they know relative to the Matters councif xx\i.^ 
of Complaint exhibited against Capt. Zedekiah Stone in the peti- 251. 
tion of Solomon Whitney and others be paid out of the publick House Jour- 
Treasury in the same manner as they are allowed by Law in the s^j'ss^'^'.^^^' 
lower Courts. \_Passed March 11. 



CHAPTER 352. 

RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Resolved That there be allowed and paid out of the publick Treas- Legislative 
ury to Capt. Henry King for the Use of Noah M^Intyer Three pounds coSndf x xu.® 
ten shillings; and for the Use of Caleb Barton Three pounds; To 251. 
Joseph Gerrish Esq"" for the Use of Hezekiah Hutchins, twenty one House Jour- 
shillings; To Capt. Jabez Upham for the Use of Mercy Adams Three >iai.PP-328,329. 
pounds eighteen shillings; To Capt. John Brown for the Use of 
Ephraim Morey, fifty nine shillings and four pence, And to Jona- 
than Buswell Thirty eight shillings and ten pence being in full 
Consideration of the Expences in their petitions respectively men- 
tioned. \^Passed March 11. 



CHAPTER 353. 

VOTE TO RAISE 7,000 MEN FOR INTENDED INVASION OF CANADA. 

Voted^ That Seven Thousand Men, inclusive of Officers be raised if^'^'f"^^,^ 
on the part of this Government, by inlistment for the Intended council, xxii., 
Expedition against Canada, to be formed into Regiments, and Offi- Archiv'es^^' 
cer'd by such of the Inhabitants of this Province as His Excellency lxxvii., so-s. 
the Cap' General shall be pleased to appoint: The said Men House Jour- 

to be continued in the service for a time not exceeding the first proV^nce^' 
Day of November next, and to be dismissed as much sooner as his \^^^^' %','l^' 
Majesty's Service will admit. [Passed March 11. chap. 355. '^''* 



154 



Province Laws (Besolves, etc.). — 1757-58. [Chaps. 354-356.] 



CHAPTER 354. 



ORDER IMPOWERING ABIGAIL STEVENS, ADM^, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 
252. 

House Jour- 
nal, pp. 331, 338. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Abigail Stevens Administratrix on the Estate of 
Isaac Stevens late of Eutland in the County of Worcester deceased 
setting forth That the deceaseds personal Estate is not sujficient to 
pay his just Debts; That he died seized of the Moiety of Seventy 
Acres of Land in three peices in said Rutland lying in Common 
and Undivided, And as a part thereof must be sold for the pay- 
ment of Debts; praying liberty to sell the whole. 

Ordered That the prayer of the petition be granted. And that 
the said Abigail Stevens be and hereby is impowered in her said 
Capacity to make Sale of the whole of the said deceaseds Real Es- 
tate for the most the same will fetch, and to execute a good deed 
or deeds thereof, provided the petitioner observe the directions of 
the Law for the Sale of Real Estates by Executors and Administra- 
tors, and give sufficient caution to the Judge of probate for the 
County of Worcester, that the proceeds arising by said Sale be ap- 
plied to the payment of the just Debts of the deceased (saving One 
third part of the Annual Income to the Widow in lieu of her right 
of Dower or Thirds in the premisses during her Natural Life) and 
the remainder thereof to be for the benefit of said Deceaseds Chil- 
dren as the Law directs. [Passed March 13. 



Legislative 
Records of the 
Council, xxii., 
252. Mass. 
Archives, 
Ixxvii., 507. 

Legislative 
Records of the 
Council, xxii., 
233,249. House 
Journal, p. 335. 
Province 
Laws, iv., 135, 
note. Supra, 
chap. 353. 



Legislative 
Records of the 
Council, xxii., 
253. 

House Jour- 
nal, p. 339. 
Province 
Laws, XV., f!57, 
chap. 317; 759, 
chap. 575. 



CHAPTER 355. 

VOTE TO RAISE MEN FOR AN INVASION OF CANADA. 

Voted Unanimously, That a suitable Number of Men be raised by 
this Government to Co-operate with His Majesty's Forces in an 
Attempt for the Reduction of Canada. [Passed March 13. 



CHAPTER 356. 

VOTE THAT SUBSISTENCE BE ALLOWED SOLDIERS ON THEIR RETURN 
HOME AND THAT TAVERNERS BE DIRECTED TO SEND IN THEIR 
ACCOUNTS. 

Voted That Subsistence be allowed the Soldiers raised by this 
Government under the Command of his Excellency the Earl of 
Loudoun the Year past, on their return home from the Army ; And 
that the Taverners and others who Supplied any of said Soldiers, 
and have not received their pay, be and hereby are directed to re- 
turn their Acco*^ attested under Oath to the Secretary of the prov- 
ince in order for Allowance, provided they charge in their Accounts 
no more than has heretofore been allowed. [Passed March 14. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1757-58. 155 



CHAPTER 357. 

ORDER REFERRING PETITION OF PLYMOUTH AGAINST SANDWICH IN 
REGARD TO FISHING FOR ALEWIVES. 

A Petition of Thomas Foster Esq' in behalf of the Town of ^^s'^iat^^e 

T-^, , . » , mi 1 TT • T / 11 T\ Records 01 the 

Plymouth, setting forth, That the great Herring pond (so called) councu, xxii., 
lyeth in the Town of Plymouth from whence runneth a large Brook ArcWs,^^'*^^' 
or River through the Town of Sandwich into the Sea, and that the ixxxvii.,'438. 
Line between the two Towns runneth over the Neck of said pond Mass. 
just above the place where the said Brook issues from it; That ixxxvii.,437. 
there are large Quantities of Alewives come up the Brook to cast "u?pp.'\*93!^327, 
their Spawn in the pond, but as the Law now stands for regulating 342.' ProviWe* 
the taking of Alewives, the Town of plymouth is deprived of all chap. 31.'' ' ' 
Advantages of the Fishery, and the Town of Sandwich apprehend- 
ing the sole right thereof to be in them refuse to treat with the 
Town of plymouth about it; And praying that this Court would 
interpose for their Eelief. 

Read and 

Ordered that the Consideration of this Pet" be referred to the 
second Wednesday of the next May Sessions. \^Passed March 14. 



CHAPTER 358. 

VOTE ESTABLISHING WAGES OF OFFICERS AND MEN ON BOARD PROV- 
INCE SHIP KING GEORGE. 

Voted that the following Establishment of Wages be made for Legislative 
One hundred and fifty Men (Officers included) for the Province g^^i^c'if.xli!!? 
Ship called the King George to continue untill the first Day of '^^•^^J'^H^- 
Septemb' next, provided the war with France shall continue so ixv.,4i2.' 

long. viz*^ House Jour- 

nal, pp. 323, 832, 
338, 339. Prov- 

For a Captain £8. 0. F month ince Laws, iii., 

For a Lieutenant 5. 0. ditto 1066, note; xv.. 

For a Master 4. 0. ditto 678, chap. 382. 

For a Pilot 4. 0. ditto 

For a Surgeon 4. 0. ditto 

For a Surgeon's Mate 2. 10. ditto 

For a Chaplain 3. 10. ditto 

For a Mate 3. 0. 0. ditto 

For a Carpenter 3. 0. 0. ditto 

For a Gunner 3. 0. 0. ditto 

For a Boatswain 3. 0. 0. ditto 

For a Sailmaker 2. 10. 0. ditto 

For an Armourer 2. 10. 0. ditto 

For a Coxswain 2. 10, 0. ditto 

For a Boatswain's Mate 2. 5. 0. ditto 

For a Steward 2. 5. 0. ditto 

For a Cook 2. 0. 0. ditto 

For a Quarter Master 2. 5. 0. ditto 

For each Seaman 2. 0. 0. ditto 

And that His Excellency be desired to give Orders for inlisting said 
Men accordingly. {^Passed March 14. 



156 



Province Laws {Resolves, etc.) . — 1757-58. [Chaps. 359, 360.] 



CHAPTEE 359. 



RESOLVE ALLOWING £4 TO WILLIAM WYER J^ 



Legislative 
Records of the 
Council,' xxii., 
256. Mass. 
Archives, 
Ixxvii., 502. 

House Jour- 
nal, p. 339. 
Supra, chap. 
358. 



A Petition of William Wyer jun"" praying for an Allowance to 
him as a Sailmaker on board his Majesty's Ship King George fitted 
out by this Government under the Command of Capt. Benjamin 
Hallowell. 

Read and 

Resolved, That the Prayer of this petition be so far granted, as 
that there be allowed and paid out of the Public Treasury, the sum 
of four Pounds for his Service as a Sail Maker, on board the Prov- 
ince Ship King George, over and above his Wages as a Seaman, the 
last Year. \^Passed March 15. 



CHAPTER 360. 



ORDER CONFIRMING THE PROCEEDINGS OF MEETINGS OF INHABITANTS 
OF DISTRICT OF SOUTH HADLEY, AND IMPOWERING THEM TO CHOOSE 
COLLECTORS OF TAXES. 



Legislative 
Records of the 
Council, xxii., 
256. 

House Jour- 
nal, pp. 323,324, 
330, 341. 



A Petition of Daniel Nash and others Selectmen of South 
Hadley ; setting forth that at their annual Meeting in March last 
Ephraim Smith and Aaron Nash were chosen Constables, both of 
whom have been and still are Sick and unable to perform the 
Duties of their Office; That during their Sickness the Selectmen 
have Notified District Meetings, And praying that their proceed- 
ings herein may be established, and also that they may be enabled 
to chuse Collectors of the Taxes in the room of those Constables 
who are Sick. 

Read and 

Ordered That the prayer of the petition be granted; and that the 
proceedings of the Inhabitants of said District assembled on the sec- 
ond Monday of January last; as also their proceedings on the second 
Monday of March instant, on all such Matters and things contained 
in the respective Notifications of the Selectmen be held and hereby 
are declared as valid in Law to all intents and purposes as tho' said 
Meetings had been warned by the Constables; And that the said 
Inhabitants be and hereby are impowered to chuse Collectors for 
the purposes mentioned. And that such Collectors when chosen and 
duly Sworn be and hereby are ordered to receive the several Assess- 
ments made in the said District for the year. 1757. and Collect and 
pay in the same to the respective Treasurers according to Law, and 
the Warrants given them for that purpose; And on Certificate of 
the names of said Collectors so chosen, and the several Sums to 
them committed to Collect and pay into the province Treasurer, 
that then the said Treasurer be and hereby is ordered to issue his 
Warrants to them accordingly. \^Passed March 15. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1757-58. 157 

CHAPTER 361. 

RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Resolved That there be allowed and paid out of the publick Legislative 
Treasury to Joseph Buckmiuster Esq"^ for the use of Capt. Daniel councif.xxii., 

Burnap, fifty three shillings and eight pence; and for the use of '— . 

Ephraim Woods fifty seven shillings and two pence To Capt. Benj* ^relfives 
Hutchins for the Use of Thomas Cunningham Forty shillings; To ixxvii., i6, 68, 
John Murray Esq'' for the use of Peter Newton fifty eight shillings House Jour- 
and eight pence; To William Lawrence Esq" for the use of David °ai. p-^^"- 
Kemp forty eight shillings; And to M"" Gideon Lyman for the use 
of Nathaniel Strong fifty shillings and six pence in full Considera- 
tion of the Expences in their petitions respectively mentioned. 
{^Passed March 15. 



CHAPTER 362. 



ORDER IMPOWERING SELECTMEN OF HOLLISTON TO REMOVE FRENCH 
INHABITANTS THEREOF TO BELLINGHAM. 

A Petition of Asa Fisk and others Selectmen of Holliston, set- Legislative 
ting forth that in October. 1756. there were eight of the Nova Scotia coS xxil? 
French persons ordered one half to Holliston, and the other half to ArchWes^^' 
Bellingham, but being all of one Family, the Sheriff in compliance xxiii., 634. 
with their desire placed them all at Holliston, And as the Town is House Jour, 
small, and Bellingham has never had its proportion; praying that provm^^" 
they may now be removed thither, or elsewhere as shall be judged ^ifa^^fg •• ^''^' 
best. *^ ^^' 

Read and 

Ordered, That the Prayer of this Petition be granted ; And That 
the Select Men of the Town of Holliston be and hereby are allowed 
to remove the eight french People now in said Town to the Town 
of Bellingham, provided it be done at the Charge of the Town of 
Holliston ; And the Select Men of Bellingham are hereby required 
to receive the said french People under their Care, and provide for 
their comfortable Support. [Passed March 15. 



CHAPTER 363. 

ORDER ALLOWING 40/ TO MARY SEDAUDA, INDIAN. 

A Petition of Mary Sedauda formerly a French Cagnawaga Legislative 
Squaw, but a constant Resident in this province for 29 Years past councff.xlii!^ 
setting forth, that her Husband and She came into this province 260. Mass. 
by the persuasion of Capt. Joseph Kellog and his Sister who had xxxul^Is. 
been Captives with the Indians That they have had a Son, and House Jour- 
Daughter born in the province, and that her Husband and Son nai, pp. 340,343. 
have been in the Government Service as Soldiers the former being 
now dead; That her son enlisted in General Shirley's Regiment, but 
where he now is, she cannot tell. That She is now grown Old and 
decrepid; And praying for Relief; 



158 



Province Laws {Resolves^ etc.). — 1757-58. [Chaps. 364-366.] 



Eead and 

Ordered, That the sum of forty Shillings be allowed to be paid 
out of the public Treasury into the hands of Elijah Williams Esq'' 
to be laid out in Cloathing for the use of the Petitioner. {Passed 
March 15.' 



CHAPTER 364. 



VOTE LEVYING A TAX OF £13 FOR FIVE YEARS ON UNIMPROVED LANDS 

IN HOLDEN. 



Legislative 
Records of the 
Council, xxii., 

258. Mass. 
Archives, xiv., 

48. 

Mass. 
Archives, xlv., 

49. House 
Journal, 
pp. 157, 351. 
Ante, p. 74, 
chap. 166. 



A Petition of Joseph Davis and others '[ante, p. 74, chap. 166.] 

[Eead &] 

Voted that a Tax of thirteen pounds for the Space of five Years 
be and hereby is laid upon the unimproved Lands in the Town of 
Holden in the County of Worcester belonging to the Non resident 
Proprietors said Sum of thirteen pounds to be for the use of the 
said Joseph and to be paid him in addition to the Sum of Forty five 
pounds his Yearly Salary that the Assessors of said Town of Holden 
be and hereby are impowered and directed to Assess said Sum of 
Thirteen pounds upon the Non resident proprietors of said Lands 
in proportion to the Number of Acres they severally Own and that 
the Collector or Collectors of said Town or such one of them as y® 
said Town shall appoint be hereby directed and impowered to col- 
lect said Taxes and pay the same to the said Joseph Annually dur- 
ing the Continuance of this resolve. \^Passed March 16. 



CHAPTER 365. 

VOTE ESTABLISHING ALLOWANCE OF PROVISIONS ON BOARD SHIP KING 

GEORGE. 

Refords'ofthe Voted, That the following Allowance of Provisions be made to 
Council, xxii., each man in the Service on board the Province Ship of War King 

259. Mass. n -VT- t 

Archives, Lxv., trCOrge, VlZ* 
417. 



House Jour- Six pounds of Bread 

nal, pp. 340, 341, Four pounds of Pork 

345. Province three pounds of Beef 

Laws, 111., 1066, Qne and an half pound of Flour 

note. Ante, '■ ■' 

p. 155, chap. 

358. [Passed March 16. 



per Week. 



One quart of Pease, or Beans 
Seven Jills of Rum, & 
Three Gallons of Beer 



per Week. 



CHAPTER 366. 



RESOLVE ALLOWING £2. 6. 8 TO THOMAS RIGGS. 



Legislative 
Records of the 
Council, xxii., 
260. Mass. 
Archives, 
ixxvi., 730. 



A Petition of Thomas Eiggs; praying for the half pay he was 
intitled to upon his reinlisting into his Majesty's Service for the 
last Crown point Expedition, being omitted in the Muster Eoll 

Eead and 

I This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is March 16. 



[4tii Sess.] Province Laws {Resolves^ etc.). — 1757-58. 159 

Resolved, That there be allowed and paid out of the Public Treas- Mass. 
ury the Sum of two Pounds six Shillings & eight pence in full of b^xvKl729. 
the half pay he was entitled to on his Reinlisting into the Service ^^1"^*^ w"^' 
on the last Crown-Point Expedition. \ Passed March 16. Provim-e" 

Laws, XV., 452, 
chap. 310. 



CHAPTER 367. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF THOMAS 
RALPH AND OTHERS, INDIANS, COMPLAINING OF ENCROACHMENTS. 

A Petition of Thomas Ralph and others, Indian Natives of the Legislative 
Towns of Eastham and Harwich ; setting forth that the English In- councff, xxil? 
habitants have encroached on their property, and that the Town of '■^.^3. Mass. 
Eastham have Sold to Samuel Smith Esq'' and M"" Sylvanus Snow xxxiii., I'l". 
a certain Neck of Beach and Thatch Ground on one side of Bil- Mass. 
lingsgate most commodiously situated for the Whaling business, xxxiiL^io ii- 
and which has from time immemorial been improved by them for cccUi., k.' 
that purpose And praying Relief. Records onhe 

In the House of Rep^ ^^^"T^^, 

Read And 258. House 

Ordered, That M"" Edward Bacon & Cap* Joseph Robinson, with pp" 196, 197,342, 
such as the honl Board shall appoint, be a Committee to view the L^Vs^iii^iosl 
Premisses, hear the Parties, And make report. note. ' 

In Council Read and Concurred & Gamaliel . Bradford Esq is 
joined in the Affair. {Passed March 17.'^ \ '^ ^ V 



CHAPTER 368. 

ORDER GRANTING TO HENRY COMMERFORD. LICENCE TO RETAIL 

STRONG DRINK. 

A Petition of Henry Comerford of Glocester in the County of R|forrts"of the 
Essex, praying That the Court of General Sessions of the peace council, xxii., 
may be impowered to grant him a Licence for retailing of Spiritu- Archiv^esTcxx., 

ous Liquors, the time for granting of Licences being elapsed not- "^^ 

withstanding. Mass. 

T) 1 T Archives, cxx., 

Read and 228. House 

Ordered That the Prayer of the Petition be so far granted as 55^356^^357. 
that the Court of General Sessions of the Peace for the County of 
Essex to be held at Ipswich on the last Tuesday of March Instant 
be & hereby are Impowered (if they see fit) to grant the Petitioner 
a License to retail spirituous Liquors in the Town of Glocester he 
having already obtained the Approbation of the Selectmen for that 
purpose, the time for granting of Licenses being elapsed notwith- 
standing. \^Passed March 17. 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is March 15. 



160 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 369, 370.] 



CHAPTER 369. 



VOTE GRANTING 300 ACRES OF LAND TO EBENEZER NICHOLS. 



Legislative 
Records of the 
Council, xxii., 
261. Mass. 
Archives, 
Ixxvii., 490. 

Mass. 
Archives, 
Ixxvii., 489. 
House Jour- 
nal, pp. 334, 350, 
351. 



A Petition of Ebenezer Nichols Esq"" setting forth his various 
Services in a Military Life from the year, 1724. particularly at the 
Seige of Louisburgh in 1745. and in the Expedition against Crown 
point in 1755. when in the discharge of his duty at the Action near 
Lake George he received a Ball from the Enemy in his Breast, 
which brought on a Fever in which his Life was despaired of, and 
Six Months after when he was so well as to return home had a con- 
siderable peice of a Bone taken out of his Wound, occasioning much 
pain and Loss of time to the petitioner; And praying that the Court 
would take his Services and Sufferings into Consideration and make 
him an Allowance therefor. 

Eead and 

Voted, That this Court from a Just Sense of the brave Col° Eben- 
rezer Nichols's long and faithfull Services in Defence of his Country 
in the present and former Wars ; as a Keward therefor, and to ani- 
mate others to follow his Virtuous Example, have granted, and do 
hereby grant unto Him the said Ebenezer Nichols, his Heirs and 
Assigns Three Hundred Acres of the unappropriated Lands, belong- 
ing to this Province, in the County of York, to be surveyed and 
laid out at his charge, by a Surveyor and Chain Men under Oath, 
and a Piatt thereof returned to this Court for Confirmation as soon 
as may be ; Provided that the Lands so surveyed and laid out do not 
interfere with any former Grant or Grants of this of This ' Govern- 
ment. [^Passed March 17. 



CHAPTER 370. 

VOTE ACCEPTING REPORT OF COMMITTEE ON EXPEDITION AGAINST 
CANADA AND ESTABLISHING BOUNTY AND WAGES OF OFFICERS AND 
SOLDIERS ENLISTED THEREIN. 



Legislative 
Records of the 
Council, xxii., 
262. Mass. 
Archives, 
Ixxvii., 513. 

Mass. 
Archives, 
Ixxvii., 511-515. 
Legislative 
Records of the 
Council, xxii., 
254, 255. 
House Jour- 
nal, pp. 341, 349, 
350. Province 
Laws, iv., 135, 
note. 



The Committee appointed by both Houses to consider what is 
proper to be further done in relation to the Expedition now under 
Consideration made report, which with the Amendments afterwards 
made thereon by the two Houses, is as follows, Viz* 

That each able bodied effective Man who shall voluntarily inlist 
himself into the intended Expedition against Canada before the fif- 
teenth day of April next shall be intitled to Thirty shillings and 
upon his passing Muster shall receive a good Blanket and Fifty shil- 
lings more for furnishing himself with Cloaths. Also That the fol- 
lowing Establishment be made for Officers and Soldiers that may be 
employed in said Expedition Viz*^ 



Wages of a Colonel to each Regiment consisting of 1,000 ) £2q p Month 

be J 



That the 

Men 

For one Lieutenant Colonel for such Regiment 
For one Major to ditto .... 

For a Captain of 100 Men including Officers 
For two Lieutenants for such Company, each 



16. 13. 4. ditto 

13. 16. 8 ditto 

8. 0. 0. ditto 

5. 0. 0. ditto 



1 Sic. 



[4th Sess.] Province Laws {Hesolvesy etc.). — 1757-58. 161 

For one Ensijjn for ditto £3. 10 P' Month 

For one Chaplain to each Regiment 8 ditto 

For one Adjutant to each Regiment 4 ditto 

For one Surgeon to each Regiment ....... 10 ditto 

For one Surgeon's Mate, to ditto 5. 6. 8 ditto 

For each Sergeant 2. 3. 1 ditto 

For each Corporal 1. 18. 7 ditto 

For each Drummer 1. 18. 7 ditto 

For each private Centinel 1. 16. ditto 

And that there be allowed for inlisting the several Soldiers for 
said Expedition two shillings each to be paid to the persons who 
shall inlist the same. 

Read and 

Ordered, That this Report be Accepted. [Passed March 17. 



CHAPTEE 371. 

VOTE ESTABLISHING ADDITIONAL BOUNTY UNDER CONDITIONS TO PER- 
SONS VOLUNTARILY ENLISTING FOR EXPEDITION AGAINST CANADA. 

Voted, That in Addition to the other Encouragements, granted r^?'®!?"^? ^h 
by this Court, That to every non Commission Officer and private council, xxii., 
Soldier that shall voluntarily inlist themselves into his Majesty's Archives^' 
Service for the present Intended Expedition against Canada, and ixxvii., 520. 
shall x^ctually proceed thereon, there be paid to every such person House Jour- 
on his Return, or to his Exec" or Admin" in Case they die in the province" 
service the Sum of Ten Pounds, in Case the said Government of note.^' !sM«m ' 
Canada shall by said Expedition be reduced to a Subjection to his chap. 370. 
Majesty's Arms. [Passed March 18. 



CHAPTER 372. 

RESOLVE ALLOWING 40/ TO CHR. VANHORN. 

A Petition of Christian Vanhorn of Springfield, setting forth i^^'^Jf"^^ ^ 
That he furnished his Servant William Caleb, a Soldier in the late Council^, xxii.f 

Crown point Expedition, with a Gun ; That his said Servant died at ^— . 

Fort William Henry, and the petitioner could never recover the Recordfof the 
said Gun, or any other thing which his said Servant had with him ; Council, xxi., 
And praying Relief. 'j'™r'' 

Read and pp. 343, 353. 

Resolved That there be allowed and paid out of the publick Treas- 
ury the sum of Forty shillings to John Worthington Esq"" for the 
petitioners Use for the Loss of the Gun mentioned. [Passed 
March 18. 



162 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 373-375.] 



CHAPTEK 373. 



ORDER DIRECTING THE JUSTICES OF THE COUNTY OF YORK TO PRO- 
VIDE FOR SUPPORT OF CHILDREN. 



Legislative 
Records of the 
Council, xxii., 
265. Mass. 
Archives, 
cxvii., 331. 

Mass. 
Archives, 
cxvii., 330. 
House Jour- 
nal, pp. 93, 202, 
269, 270, 355. 



A Petition of Christopher Strout and others Selectmen of the 
Town of Falmouth ; setting forth that one John Clark an Inhabi- 
tant of the County of York, but without the Bounds of any Town 
has been confined for some time in York Goal for a supposed 
Murder, and his Wife and daughter as Accessaries, That two young 
Children of said Clarkes have since his Confinement been supported 
by the Town of Falmouth being too young to bind out ; And pray- 
ing that the Charge of their Support may be laid on the province 
in general, or upon the County of York. 

Read again [on motion to revive] & 

Voted, That this Pet" be Revived : and. Whereas it appears 

to this Court that the Maintenance of the Children mentioned is 
properly a County Charge, 

Ordered, That the Justices of the General Sessions of the Peace 
for the County of York, be and hereby are directed & enjoined to 
provide for it accordingly, 'till the said Children can be bound out 
or taken Care of by their parents. \^Passed March 18. 



CHAPTER 374. 



Legislative 
Records of the 
Council, xxii., 
266. Mass. 
Archives, 
Ixxvii., 508. 

House Jour- 
nal, pp. 353, 362. 



RESOLVE ALLOWING 13/4 TO MOSES PITCHER. 

A Petition of Moses Pitcher of Boston ; praying an Allowance of 
his Expences on his returning home Sick from the Army in 1756. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury thirteen Shillings and four pence to the Petitioner in ful for 
his Expence in his return home from the last Crown point Expedi- 
tion. {^Passed March 18. 



CHAPTER 375. 



Legislative 
Records of the 
Council, xxii., 
266. 

Mass. 
Archives, 
Ixxvi., 426; 
Ixxvii., 13, 189, 
243, 492. 
House Jour- 
nal, p. 367. 



RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Resolved That there be Allowed and paid out of the publick 
Treasury to Capt, Ephraim Spaulding for the use of John Warren, 
Three pounds two shillings and eight pence, and for the use of 
William Bowers Three pounds ; To Josiah Johnson Esq"" for the use 
of Jonathan Parker, Five pounds four shillings and two pence ; To 
M"" James Humphrey for the use of Joshua French Three pounds 
fourteen shillings and eight pence. And to M' Matthew Noble for 
the use of Benoni Sacket Forty shillings, being in full of the Ex- 
pences in their respective petitions mentioned. {^Passed March 18. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1757-58. 163 



CHAPTER 376. 

ORDER ALLOWING JOSIAH THACHER & ROBERT MANTER PAY FOR 

SERVICES RENDERED. 

A Petition of Josiah Thacher and Robert Manter, setting forth, Rifords'Jf the 
that on the 18"' of August hist, they were appointed the one Lieu- council, xxu., 
tenant and the other Ensign in Capt. Peter Wests Company under Archives^' 
the General Command of his Excellency the Earl of Loudoun; And ixxvii.,506. 
praying that they may be made up in the Roll accordingly. House Jour- 

Read and nal.pp.342,346. 

Ordered, That the prayer of this Petition be granted, And the 
Petitioners hereby are allowed to make up their Muster-Roll ac- 
cordingly. \^Passed March 18. 



CHAPTER 377. 

VOTE providing FOR THE SUPPORT OF FRENCH NEUTRALS. 

The Committee appointed to consider of some Method to ease Legislative 
the province of the Charge of Supporting the late French Inhabi- councn^ xxn^f 
tants of Nova Scotia now in the province; Reported according to 267. Mass. 

-, X ' i. o Arcliives, 

order. xxiii., 645. 

In the House of Representatives, House Jour- 

Whereas the allowed Accounts for the late Inhabitants of Nova proyince^'^' ^^^" 
Scotia, who came hither from the Southern Governments amount Laws, iv., 98, 
to Four Hundred and eleven Pounds six Shillings & four pence, chap. ibT''^ ' 
and the allowed Accounts of the rest of them amount to Five Thou- 
sand three Hundred and thirty four Pounds five shillings & eleven 
pence three Farthings: 

Voted, That a Dwelling House be provided for them this Year,* 
as heretofore; that the sick, infirm and aged who cannot labour, be 
maintained at the Expence of this Government, as heretofore; and 
that all able bodied Persons be obliged after the fifteenth Day of 
April next, until the further Order of this Court, to maintain 
themselves and Families; and that the Select Men of the several 
Towns where they are, upon their Desire, assist them to Employ- 
ment, and take Care they are not defrauded; and that the Members 
of this House be directed to inspect the Circumstances of Age, In- 
firmity, Sickness, Orphanship and Ability of such Persons, in their 
respective Towns, and the Towns next adjoining where there is no 
Representative, and report to this Court at their next Sitting. 

In Council Read and Concur'd. [Passed March 18. 

* The House Journal and Legislative Records of tlie Council both read : That Dwelling 
houses be provided for the late Inhabitants of Nova Scotia now in the province this year, 
etc. 



164 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 378-380.] 



CHAPTEK 378. 



RESOLVE ALLOWING 27/7 TO W'"" DAVENPORT. 



Legislative 
Records of the 
Council, xxii., 

268. Mass. 
Archives, 
Ixxvli., 491. 

House Jour- 
nal, pp. 343, 360. 



A Petition of William Davenport; setting forth that being called 
into his Majesty's Service to reinforce the Troops in the year. 1756. 
he was appointed Adjutant of Col° Nichols Eegiment, but having 
received no Commission, he was not allowed to draw any Wages ; And 
praying Relief. 

Read and 

Resolved., That there be allowed and paid out of the public Treas- 
ury to the Petitioner, the sum of Twenty Seven Shillings and seven 
pence, being the Wages of a private Soldier for three weeks and 
Two days, the Time he was in the service on the last Expedition 
against Crown point. \^Passed March 20. 



CHAPTER 379. 



RESOLVE ALLOWING £13. 7. 3 TO ELIPH^ HOLBROOK. 



Legislative 
Records of the 
Council, xxii., 
269. Mass. 
Archives, 
Ixxvii., 505. 

House Jour- 
nal, pp. 170, 200, 
346, 360. Prov- 
ince Laws, XV., 
695, chap. 416. 



A Petition of Eliphalet Holbrook of Bellingham ; setting forth 
That his Son Noah Holbrook, a single man, inlisted into the service 
for the Crown point Expedition in 1756. under Capt. Dalrymple, 
and died on his return home ; but being made up in the Roll as if 
living. And praying that he the petitioner may be allowed to receive 
the Wages due to his said Son and Forty shillings for his Gun which 
was lost. 

Read and 

Resolved, That there be allowed and paid out of y*" public Treas- 
ury to the Pef the sum of thirteen Pounds seven shillings & three 
pence, being the Wages due to his said Son as made up in the Muster 
Roll of y Company he belonged to on the last Crown point Expe- 
dition. \_Passed March 20. 



CHAPTER 380. 



RESOLVE ALLOWING £3. 7 TO WILLIAM WHITE. 



Legislative 
Records of the 
Council, xxii., 
269. Mass. 
Archives, 
Ixxvii., 181. 

Mass. 
Archives, 
Ixxvii., 181. 
House Jour- 
nal, p. 340. 



A Petition of William White of Watertown; setting forth, That 
he went as a Soldier in the Crown point Expedition in 1756, under 
the Command of Capt. James Burk, but that by mistake he was 
made up about two Months short in the Muster Roll ; And praying 
an Allowance therefor, and also for billeting himself before he 
marched and for the Expences he was at on his return by reason 
of Sickness. 

Read and. 

Resolved, That there be allowed and paid out of the public Treas- 
ury to Samuel Livermore Esq'' for the use of the Petitioner the sum 
of Three pounds seven shillings in Consideration of his Expence 



[4th Sess.] Province Laws [Jiesolves, etc.), — 1757-58. 165 

Occasioned by his Sickness on his Return home, & of the Balance 
due to Ilini for AVages, on the last Crown Point Expedition. [Passed 
March 20. 



CHAPTEK 381. 

VOTE DIRECTING THE COMMISSARY GENERAL TO PROCURE BLANKETS. Legislative 

Records of the 
Council, xxii., 

Voted That the Commissary General be directed forthwith to 27(h 

procure a suitable number of good Blankets for the Forces pro- House Jour- 
posed to be raised by this Government for the intended Expedition ^Ante.'-p^ik, 
against Canada. [Passed March 21. c^ap! 353. 



CHAPTER 382. 

ORDER ALLOWING £13. 7. 6^ TO WILLIAM WINTER. 

A Petition of William Winter of Boston, setting forth That Legislative 
In June. 1748. he had One hundred and Seventy pounds province council, xxii., 
Bills stolen from him as he apprehends by a Servant Maid, who Archi^esTcni., 
being charged therewith suddenly absconded: that a few AVeeks 63a. 
since he found in his house £100.6.8 of said province Bills which Mass. 
he believes to be part of the Bills stolen from him as aforesaid, And eai? "housc"'' 
praying that they may be exchanged at the Treasury; the time by pp^se^sev 
Law limited for the redemption of the same being elapsed notwith- Province 

Qfanrlino- Laws, 111., 565, 

stanamg. chap. 24. 

Read and 

Ordered^ That the Prayer of this Petition be granted ; And That 
the Treasurer be and he hereby is directed to pay the Petitioner the 
sum of thirteen Pounds seven shillings and six pence half peny, for 
one hundred Pounds six Shillings and eight pence in Bills of Credit 
on this Province of the Old Tenor, on the Petitioners delivering to 
the said Treasurer the said sum in Old Tenor province Bills or in 
other Bills of this province equivalent. [Passed March 21. 



CHAPTER 383. 

RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Resolved That there be allowed and paid out of the publick Treas- Legislative 
ury to Moses Marcy Esq'' for the use of Ebenezer Wallis, Three councif xxil^ 
pounds fifteen shillings; To Capt. Henry King for the use of Wil- 2"2. 
liam Pulsipher Five pounds four shillings; To M'' Richard Bailey Mass. 
for the use of George Forest Thirty shillings; To M' Jonathan itxv^^T.^^i, 12, 
Doane for the use of Hannah Lewis, Four pounds sixteen shillings House^Jour 
and eight pence; And to M' Fellows Billings for the use of Seth nai, pp.304, 368. 
Lyman Four pounds being in full Consideration of the Expences 
in their petitions mentioned. [Passed March 21. 



166 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 384, 385.] 



CHAPTER 384. 



ORDER DIRECTING ENOCH FREEMAN, ESQ^ TO PAY SIMON GOOKIN 
AND OTHERS AMOUNTS DUE THEM. 



Legislative 
Records of the 
Council, xxii., 
273. Mass. 
Ixxvii., 347. 

Legislati-ve 
RecordB of the 
Council, 
xxi., 4. House 
Journal, 
pp. 263, 368. 



A Petition of Simon Gookin and others Under Officers and Sol- 
diers employed in transporting Stores to Fort Halifax in 1755 under 
Capt. Joseph Ingersoll, setting forth That the said Captain having 
received their Wages of the province Treasurer had deposited the 
same with Enoch Freeman Esq' of Falmouth who refused to pay 
the same unless to a great disadvantage, and finally refused to pay 
the same at all; And praying Relief, 

Read and 

Ordered, That the Prayer of this Petition be so far granted, as 
That Enoch Freeman Esq' be and hereby is Directed to pay to the 
Complainants the several Sums respectively due to them, on Cap* 
Joseph Ingersol's Muster Roll mentioned, together with the Interest 
due thereon. [Passed March 22. 



CHAPTER 385. 



VOTES IMPOWERING THE PROVINCE TREASURER TO ADMINISTER 
OATHS TO SOLDIERS IN REGARD TO THE RETURN OF THEIR ARMS. 



Legislative 
Records of the 
Council, xxii., 
273. 

House Jour- 
nal, pp. 370, 371. 
Ante, p. 89, 
Chap. 199. 



Whereas by the order of this Court passed the first December 
last, directing the several Officers in the late Expedition under the 
Command of his Excellency the Earl of Loudoun in making up 
their several Muster Rolls to charge each Soldier that did not return 
his Arms and Accoutrements thereto belonging, two pounds ten shil- 
lings to be deducted out of the Soldiers Wages, unless such Soldier 
make it evident by his own Oath or the Oaths of some other persons 
that such Arms were inevitably lost or detained by lawful Authority, 
but no direction who shall Swear Such Soldier Therefore 

Voted That the Province Treasurer be impowered and directed 
in paying off the Soldiers to Adminster the Oath to them, and the 
several Justices of the peace in the province upon Aj^plication made 
to them are likewise impowered and directed to Administer the Oath 
to said Soldiers and give Certificate of the same free of charge, or 
the Town or District Clerk where there is no Justice of the peace. 
And that the province Treasurer be directed to pay the Soldiers 
upon receipt of such Certificate without deduction for Arms &c 
And that the Parents, Masters and proper Representatives of such 
Soldiers as died in the Expedition, were taken Captive, or are since 
dead upon their making it evident by the Oath of Witnesses or 
Swearing that they have not received such Soldiers Arms, but verily 
beleive they were lost or returned to the Officers ; the said Treasurer 
is hereby directed to pay such Parents Masters and proper Repre- 
sentatives the Wages due on the several Muster Rolls without any 
deduction for Arms And further 

Voted That the province Treasurer and others impowered to Swear 
the said Soldiers be directed to require of them to give an Account 
upon Oath, whether the Guns they carried into the said Service were 
the Kings Arms, their own, or received of the province. {^Passed 
March 22. 



[4th Sess.] Province Laws (Hesolves, etc.). — 1757-58. 167 



CHAPTER 386. 

VOTE ALLOWING POWDER & LEAD TO SOLDIERS IN GARRISON AND 

SCOUTING. 

Voted, That each Garrison Soldier in pay of this Province, be Legislative 
allowed one pound of Powder, & one pound and an half of Lead coSncn^, xxn'lf 
per Year; And that the scouting Parties on the Frontiers be allowed 'j^*p,,fjgg^- 
each man one pound and an half of Powder, and two pounds of Lead ixxvii., 531. 
per year, in order to the Soldiers being properly exercised, and their House Jour- 
Arms kept in good Order: And That his Excellency the Captain °ai,pp.369,370. 
General be desired to give Directions for delivering the same Ac- 
cordingly. [Passed March 22. 



CHAPTER 387. 

RESOLVE ALLOWING £15. 1. 5 TO ISAAC SEARL. 

A Petition of Seth Hudson and others of a place called West ^Iforl^g^^ofthe 
Hoosuck; praying that the Reimbursment of the Expence they have council, xxii., 
been at in procuring a quantity of powder and Lead for the defence Archives?' 
Of the place against the Enemy, and that they may be further allowed ixxvii., 519. 
such military Stores as may be thought necessary. Mass. 

Kead and ixxvii., 519. 

Resolved, That the Prayer of this Petition be so far granted, as na"i^pp."^359|"36o, 
That there be granted and paid out of the public Treasury to the 369.' supra, 
said Isaac Searl, the sum of fifteen Pounds one shilling and five ^ 
pence, in full for the Powder and Lead mentioned, which he sup- 
plied the Garrison at West Hoosuck with, and delivered to Seth 
Hudson, the said Hudson to be Accountable therefor. [Passed 
March 22. 



CHAPTER 388. 

RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Whereas sundry Grants or Allowances were made by the two Legislative 
Houses in April last for the Use of divers persons or their legal councu^ xxu'!^ 

Representatives on Account of Services Expences or Sufferings in '^]^ . 

the Crown point Expedition, which Orders having passed the two Mass. 
Houses soon after the late Lieutenant Governors Death, were not ixxvi., 336, 425, 
compleatly signed by a Majority of his Majesty's Council. j*!furnai, ^°"^^ 

Resolved That the province Treasurer be directed to pay the sev- pp- 367, 384. 
eral Allowances aforesaid as Specified in the said Orders respec- 
tively Viz'' 

On the 16 April; To William Wood Five pounds six shillings & S** 

On the 19 April; To John Jones Two pounds five shillings & four 
pence 

On the same day. To Capt. Phineas Lovet for the use of Hannah 
Thayer Mother of Oliver Thayer Four pounds two shillings and 
eight pence for Expences and his full Wages, his Gun not being 
returned notwithstanding. 



168 Province \uKwb {Besolves,etc.) . — 1757-58. [Chaps. 389, 390.] 

On the 20"" April, To Phillip Walker Four j)oimds seven shillings 
for the use of Timothy Walker for inlisting 58 Soldiers Three pounds 
Nineteen shillings and eight pence for what Joseph Walker was made 
up short in Major House's Roll in 1756. and Thirty nine shillings 
for sundry persons finding their own Guns. 

On the 22*^ April ; To Moses Marcy Esq'' for the use of John Rice 
Three pounds; To Capt. Ithamar Hubbell for the use of Miriam 
Olds thirteen shillings and six pence; To Capt. Phineas Lovett for 
the use of Uriah Thayer Forty shillings; To Capt, Ephraim Spauld- 
ing for the use of Timothy Clement Thirty shillings ; To M' Samuel 
King for the use of Edward Cobb Twenty four pounds two shillings 
and eleven pence ; To John Worthington Esq'' for the use of William 
Brown Six pounds one shilling, and for the use of William Stebbins 
Forty one shillings and eight pence ; To Joseph Gerrish Esq' for the 
use of Daniel Barker Forty shillings; To Capt. Nathaniel Sumner 
for the Use of Timothy Draper, Five pounds four shillings; And to 
Capt. Ithamar Hubbell for the use of Samuel Shears, Thirty shil- 
lings. \^Passed March 22. 



CHAPTEE 389. 

ORDER IMPOWERING JON^ LOW, EXECUTOR, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

KrKnhe ^ Petition of Jonathan Low, Executor of the Testament of 
councu, xxii., Jonathan Cogswell Esq"" late of Ipswich deceased, setting forth. 



276. 



That the debts against the Estate Amount to One hundred Fifty 

nail^pp. 317^326. two pouuds twelvc shillings and four pence half penny, more than 

Laws^n*' 151 ^^^ ^^ personal Estate of said deceased will pay ; And praying he 

chap. 10.' ' may be impowered to Sell so much of the deceaseds Real Estate as 

will Satisfy the said debts. 

Read and 

Ordered That the prayer of this petition be granted, and that the 
petitioner be and hereby is allowed in his said Capacity of Executor 
to make Sale of so much of the deceaseds Estate as will Amount to 
the Value of One hundred fifty two pounds twelve shillings and four 
pence half penny; he observing the Law respecting the Sale of Real 
Estates by Executors and Administrators, and giving sufficient cau- 
tion to the Judge of probate for the County of Essex that the produce 
of said Sale be applied for the payment of the just debts of the de- 
ceased, the Overplus (if any there be) to be applied for the benefit 
of the Heirs of the deceased, according to Law. \_Passed March 22. 



CHAPTER 390. 

VOTE ALLOWING 6» PER DAY FOR SUBSISTENCE OF SOLDIERS FROM 
DATE OF ENLISTMENT TO RECEPTION OF THE KING'S ALLOWANCE. 

Rifordfof the Whereas it appears to be his Majesty's pleasure that the Forces 
Councu, xxii., now proposed to be raised shall be victualled at the Charge of the 

-^ Crown from the time of their Engaging in the Service; but no 

Recordfof the express direction is given in what manner they shall be furnished 
255"°Hou''8e"'' "^^^^ ^^^^^^ Arrival at the place of Rendezvous ; and it being neces- 



[4th Sess.] Province Laws {Resolves^ etc.). — 1757-58. 169 

sary in order to encourage such Inlistment that such Subsistence Journal, 
should be advanced until Orders can be received from the General ^7«.^'^pro?inJe' 
of his Maiesty's Forces Therefore Laws, iv.,i36, 

•' note 

Voted That each Soldier who shall inlist into the Service on the 
proposed Expedition against Canada, and shall pass Muster, shall 
be intitled to Six pence Sterling ^ day for Subsistence from the 
time of his Inlistment, till he xlrrive at such place where he shall 
receive the Kings Allowance. \^Passed March 22. 



CHAPTEK 391. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO EBEN" 

NORCUTT. 

A Petition of Ebenezer Norcutt of Middleborough, setting forth ^®^*^^^*%^ . 
That he was a Soldier in the late Crown point Expedition and that councif.xxn.? 
his Gun was left with other province Stores at the Hospital near the Archi^es^^' 
Half Moon with the Overseer, notwithstanding which there is a ixxvii.,386. 
deduction of Four pounds from his Wages on Account of his Gun Mass. 
not being returned ; And praying Eelief . bfxv^i!,*^386. 

Eead and naT^'^'arrsTS 

Ordered, That the Treasurer be directed to pay the Petitioner Province 
the four pounds stopped out of the Wages due to him on the last dfa^^ife!' ^^^' 
Crown point Expedition, on Account of his Arms not being re- 
turned. \^Passed March 22. 



CHAPTER 392. 

VOTE DIRECTING OFFICERS RECEIVING BOUNTY MONEY FOR DIS- 
BURSEMENT TO GIVE BOND. 

Voted That all Officers who in consequence of their having beat- Legislative 
ing Orders shall receive out of the publick Treasury any Sum or coSnc*if, xIil? 
Sums of Money for the Bounty allowed by this Government to such ^'^9- 
as shall inlist into the service on the proposed Expedition for the House Jour- 
Keduction of Canada shall give bond to the Treasurer with one or ^nte,'\>.m, 
more Sureties to be accountable for what they shall receive, and that cbap.370. 
they account for the same, and repay into the province Treasury any 
ballance that may remain in their hands on or before the first of May 
next and that this be part of the Condition of their Bond. \^Passed 
March 23. 



CHAPTER 393. 



VOTE ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE ON Legislative 

TEA, COFFEE AND CHINA WARE FOR THE COUNTY OF SUFFOLK. Records of the 

Council, xxii., 

279. 

The Committee appointed to farm out the duty of Excise on House Jour- 
Tea Coffee and China Ware for the County of Suffolk made Report, ^^i^-^'li^ 
that they had sold the same to M"" William Story for Six hundred & chap. 262. ' 
fifty pounds lawful money, and had taken Bond according to Law. 

Read and Accepted. {^Passed March 23. 



170 



Province ItAws (Besolves, etc.). — 1757-58. [Chaps. 394-396.] 



CHAPTEK 394. 



Legislative 
Records of the 
Council, xxii., 
279. 

House Jour- 
nal, p. 379. 
Ante, p. 122, 
chap. 270. 



RESOLVE ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF YORK AND 
ALLOWING £3. 0. 4 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the duty of Excise on 
Tea Coffee and China Ware for the County of York made Eeport 
that they had Sold the same to M'' James Sayward for Forty pounds 
four shillings And had taken Bond according to Law, and presented 
an Account of the Expence attending the same. 

Eead and Accepted and 

Resolved That there be allowed and paid out of the publick Treas- 
ury to the said Committee the sum of Three pounds and four pence in 
discharge of their Account of time and expences exhibited. \^Passed 
March 28. 



Legislative 
Records of the 
Council, xxii., 
280. 

Legislative 
Records of the 
Council, xxii., 
226. House 
Journal, p. 375. 



CHAPTER 395. 

VOTE DIRECTING THE SECRETARY TO DESIRE M« AGENT BOLLAN NOT 
SUDDENLY TO LEAVE GREAT BRITAIN. 

Whereas divers affairs of great Importance relative to this prov- 
ince contrary to expectation still continue Undetermined in Great 
Britain, and there is great probability that it will be necessary very 
soon to Sollicit other Affairs of great Moment there. 

Therefore 

Voted That the Secretary write to M' Agent Bollan, and acquaint 
him that it is the desire of the Court that he would not suddenly 
leave Great Britain any thing in the Letter from the Secretary of 
24 January last to the contrary notwithstanding. [^Passed March 23. 



CHAPTEE 396. 



Legislative 
Records of the 
Council, xxii., 

280. Mass. 
Archives, 
Ixxvii., 530. 

Mass. 
Archives, 
Ixxvii., 529. 
House Jour- 
nal, pp.. 375,380. 
Ante, p. 89, 
chap. 199. 



VOTE ALLOWING CAPT. JOHN BURK AND OTHERS EIGHT DAYS ADDI- 
TIONAL WAGES FOR COMPLETING MUSTER ROLLS. 

A Petition of Capt. John Burk and others praying that they 
may receive some further Allowance for making up their Muster 
Rolls on Account of the Extraordinary Charges attending the same. 

Read ; And [disposed of as follows] 

Whereas divers Captains or Chief Officers of the several Companies 
raised by this Province the last Year under the Command of his 
Excellency the Earl of Loudoun are directed to make up two Pay 
Rolls for such Companies, and the Allowance already granted by 
this Court being insufficient to pay their Expences while employed 
in Making up said Rolls : Therefore 

Voted, That such Captains or Chief Officers be allowed Wages for 
eight days over and above what hath been Already been * Allowed 
them in Order to enable them to Compleat such Rolls. ^Passed 
March 23. 

» Sic. 



[4th Sess.] Province Laws {Resolves, etc.). — 1757-58. 171 



CHAPTER 397. 

RESOLVE ALLOWING THE ACCOUNT OF GUARDIANS OF MASHPEE 

INDIANS. 

The Guardians of the Mashpee Indians having presented their Legislative 
Accounts for fonr years past in which time their Receipts including ^ouncif x Vu .^ 
£3.16.2 BaHance of their former Account amounted to £130.18.11 2«'2- Mass. 
and their disbursments to £121.17.91/^ leaving a Ballance m their xxxiii., si. 

hands of £9.1.1% House .Jour- 

Read and Prov^iScf ''''• 

Resolved, That this Account be Allowed ; and that the Balance Laws, xv., no, 
thereof being Nine pounds One Shilling and a peny half peny, '^ *p-" 
the said Guardians be further Accountable to the said Indians for. 
{Passed March 24. 



CHAPTER 398. 

RESOLVE ALLOWING £7. 4 TO TIM^ BURBANK. 

A Petition of Timothy Burbank; praying an Allowance of his Legislative 
Expences Eleven days billeting himself and a number of Men raised council xx\u 
by him for the Crown point Expedition in 1756. 282. Mass. 

•' T> T T ^ '■ Archives, 

Kead and ixxvu., 5i6. 

Resolved, That there be allowed and paid out of the public Treas- House Jour- 
ury to the Petitioner the sum of Seven Pounds four Shillings in 37*^^' ^provVifce ' 
Consideration of His Expences mentioned, it appearing That three Laws, xv., 717, 
pounds two shillings in part of the said Expence, has been Already '^ ^'^' '' 
paid to Cap* John Wright. [Passed March 24. 



CHAPTER 399. 

ORDER GRANTING TO JAMES DAGGETT LICENCE TO KEEP AN INN. 

A Petition of James Daggett of Rehoboth ; setting forth that Legislative 
he hath purchased an House in said Town, which has for divers councif.xxii.f 
years past been improved as a Tavern, and was licensed as such the Archives^cxi 
present year; And praying tiiat the Court of General Sessions of 410. 
the peace for the County of Bristol may be impowered to grant him House Jour- 
a License for an Innholder during the remaining part of this Year. °'*^'' p- ^"*^- 

Read and 

Ordered That the Prayer of this Petition be so far granted, as 
that the Justices of the Court of General sessions of the Peace for 
the County of Bristol at their session in April Next at Taunton upon 
Adjournment be And they hereby are impowered to grant the Peti- 
tioner a Licence (if they see fit) to keep an house of public Enter- 
tainment in the Town of Rehoboth , he first Obtaining the Approbation 
of the select Men of said Town, the Time for granting Licences being 
elapsed notwithstanding. [Passed March 24. 



172 



Province Laws [Hesolves, etc.). — 1757-58. [Chaps. 400-402.] 



CHAPTEE 400. 



ORDER IMPOWERING W*' LAWRENCE, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative ^ PETITION of William Lawrence Esq'' of Groton Administrator 

Council, xxii., of the Estate of Jonathan Shead late of Pepperrell deceased whose 
^^^- Estate is represented Insolvent ; praying liberty to Sell Seventeen 



House Jour- 
nal, 1). 352. 
Province 
Laws, ii., 151, 
chap. 10. 



Acres of Land lying in pepperrell aforesaid, being the whole of the 
deceaseds Eeal Estate, excepting his House and three Acres of Land, 
which was set off to the Widow as her Dower, that he may so far as 
the proceeds will Amount to, be enabled to discharge the deceaseds 
Debts. 

Eead and 

Ordered That the prayer of this petition be granted, and that the 
petitioner be and he is hereby authorized and impowered in his said 
Capacity to make Sale of the Seventeen Acres of Land mentioned 
in the petition and to give and execute a good and sufficient deed 
or deeds of the same. He first giving due caution to the Judge of 
probate for Middlesex to apply the proceeds of such Sale for pay- 
ment of the deceaseds just debts, and to be accountable to said Judge 
for his proceedings in the premisses, and for the Application of the 
Overplus of the produce of such Sale (if any be) agreeable to Law; 
He likewise giving Notice previous to such Sale in time and manner 
as the Law touching the Sale of Eeal Estates by Executors and Ad- 
ministrators doth direct. [Passed March 25. 



CHAPTER 401. 



VOTE DIRECTING THE PROVINCE TREASURER TO EXCHANGE PROVINCE 

BILLS OF CREDIT. 



Legislative 
Records of the 
Council, xxli., 
286. Mass. 
Archives, ciii., 
639. 

House .Jour- 
nal, p. 387. 



Voted, That the Treasurer be and hereby is directed to pay to 
Stephen Greenleaf Esq'' the Sum of Seven pounds twelve shillings 
and one peny half peny for fifty Seven pounds one Shilling in Bills 
of Credit on this Province of the Old Tenor on his delivering to 
the said Treasurer the said Sum in province Bills of the Old Tenor, 
or in other Bills on this Province equivalent, if on Examination he 
shall find the same to be true Bills. [Passed March 25. 



CHAPTER 402. 

RESOLVE EXEMPTING THE INHABITANTS OF ROAD TOWN FROM PAY- 
MENT OF ALL TAXES HITHERTO IMPOSED ON THEM, &c. 



Legislative 
Records of the 
Council, xxii., 
287. Mass. 
Archives, 
cxvii., 386. 

Mass. 
Archives, 
cxvii., 383-386. 



A Memorial of Abraham Hill in the name and at the desire of 
the Inhabitants of Eoad Town in the County of Hampshire, set- 
ting forth, That both the Province and County Treasurers have 
issued their Warrants directed to the Selectmen or Assessors of the 
Town or District of Eoad Town for the levying and Assessing divers 
Sums on the Inhabitants of said place, although it is neither a Town 



[4th Sess.] Province Laws {liesolvesy etc.). — 1757-58. 173 

or District; That they have uo Town or District Officers, nor any House Jour- 
right to have such, and are withal very few and generally very °'''.pi'-3«o,388. 
poor Therefore praying that the past Taxes may be remitted them, 
and that they may be excused from province and County Taxes for 
some time yet to come, until they shall be better able to support 
the burthen. 

Read, and 

Resolved^ That the Prayer of this Memorial be so far granted, as 
the Inhabitants of said Township of Road Town be, and they hereby 
are exempted and released from paying any of the Taxes that have 
hitherto been imposed on them either to the Province or County, 
But for the future. That they be subjected to pay Such Taxes as 
shall be imposed on them. \^Passed March 25. 



CHAPTER 403. 

RESOLVE ALLOWING £6 TO JOHN HAWKS. 

A Petition of John Hawks, setting forth that in April last upon Legislative 
receiving Intelligence that a Body of the Indian Enemy were com- councu^, xxihf 
ing upon the Frontiers of the province he appointed two men to ^9. Mass. 
carry the Account to Fort Massachusetts, That one of said Men was Lxxvii., 259. 
Wounded in the Service, and one of the Horses on which they rode, Mass. 
killed by the Enemy; And praying an Allowance for said Horse. i^x°^Vi!f259. 

Read and naT®*' 's^-^'^ssi 

Resolved, That there be allowed and paid out of the Public Treas- ^^'^^- '"• 

ury to the Petitioner the sum of Six Pounds in full consideration 

for the loss of the Horse mentioned. [^Passed March 25. 



CHAPTER 404. 

VOTES DIRECTING THAT THE SNOW-SHOES BELONGING TO THE PROV- 
INCE BE PUT IN GOOD REPAIR, &c. 

Whereas it has been represented to this Court That there are Legislative 
a Number of Snow Shoes belonging to the Province, in the Hands councif, xliL? 
of Elijah Williams Esq"", which may be wanted for the use of Such f^-^^^^^^- 
as may be employed for the Protection & Defence of the Western ixxvii., 535. 

Frontiers : House Jour. 

Voted, That the said Williams bo directed to take Care, that the ^^J,vP„^f ' 
said Snow Shoes be forthwith put into good repair for the use of Laws, xv., eso, 
y® Province And there being a Number of Snow Shoes in the ^ *^' 

Hands of Enoch Freeman Esq'' at Falmouth in Casco Bay further 

Voted, That Edward Milliken Esq' be directed to receive the same 
of the said Freeman, and take Care that they be deposited in Nar- 
raganset Numb"" one, Goreham-Town and North Yarmouth, as he 
Shall judge most Convenient.' [^Passed March. 25. 

* Adjourned to April 18. See Legislative Records of the Council, xxii., 290. 



174 Province Laws {Resolves, etc.). — 1757-58. [Chaps. 405, 406.] 



CHAPTEK 405. 



Legislative 
Records of the 
Council, xxil., 
293. Mass. 
Archives, cxi., 
412. 

Mass. 

Archives, cxl., 
411. House 
Journal, p. 396. 



ORDER GRANTING TO THOMAS HOLMES LICENCE TO KEEP AN INN. 

A Petition of Thomas Holmes of Marshfield, setting forth That 
he hath moved into an House which hath for some time past been 
occupied as a Tavern, and hath obtained the Approbation of the 
Selectmen of said Town to keep a Tavern therein, and praying 
that the Court of General Sessions of the peace to be holden at 
Plymouth on the third Tuesday of May next may be impowered to 
grant him a License for that purpose ; the time for granting Licenses 
being elapsed notwithstanding. 

Eead and 

Ordered, That the Prayer of this Petition be granted, and That 
the Justices of the Court of General sessions of the peace for the 
County of Plymouth, be, and they hereby are impowered at their 
Next Term to grant the Petitioner a Licence (if they see fit) to keep 
an House of public Entertainment in the Town of Marshfield, he 
having Obtained the Approbation of the Select Men of said Town 
for that purpose, the Time for granting Licenses being elapsed not- 
withstanding. \^Passed April 19. 



Legislative 
Records of the 
Council, xxll., 
293. 

House Jour- 
nal, p. 399. 
Province 
Laws, ill., 1050, 
chap. 38. 



CHAPTEE 406. 

VOTE AND RESOLVE ADJOURNING THE COURTS OF PLYMOUTH COUNTY 
AND THE SUPERIOR COURT OF BARNSTABLE COUNTY AND THE 
COUNTY OF DUKES COUNTY. 

Voted and 

Resolved That the Superiour Court of Judicature Court oi Assize 
and General Goal delivery, instead of being held at plymouth for 
the County of Plymouth on the last Tuesday of April in this pres- 
ent Year, shall be held at said plymouth for the same County on 
the second Tuesday of May next and not before; and then and 
there shall and may proceed to hear and try all Causes and enter 
up Judgment in the same manner as if it was the time fixed by 
Law for such matters and all Appeals processes and Matters that 
by Law ought to have come before or been entred in said Court on 
the said last Tuesday of April in this year are hereby adjourned 
and continued over to said Second Tuesday of May next, and shall 
have then day in said Court accordingly And that the said 

Superiour Court instead of being held at Barnstable in the County 
of Barnstable for the Counties of Barnstable and Dukes County on 
the first Tuesday of May next in this present Year shall be held at 
said Barnstable for the same Counties on the first Wednesday of May 
next in this present Year and not before, and then and there shall 
and may proceed to hear and try all Causes and enter up Judgment 
in the same manner as if it was the time stated by Law for such 
Matters, and all Appeals, processes and Matters that by Law ought 
to have come before, or been entred in said Court on the first Tues- 
day in May next are hereby adjourned over to said first Wednesday 
of May next for this present Year, and shall have then day in Court 
accordingly. \^Passed April 19. 



[4th Sess.] Province Laws {Resolves, etc.). — 1757-58. 175 

CHAPTER 407. 

ORDER GRANTING TO ABNER LEALAND LICENCE TO KEEP AN INN. 

A Petition of Abner Leland of Medford, setting forth That he Legislative 
had lately hired an House in said Town, which hath for Thirty years count^f xxif^ 
past been improved as a Tavern, And praying that the Court of Gen- 2'.'4. Mass. 
eral Sessions of the peace for the County of Middlesex may be im- 417? '^*^^' *'''''" 
powered to grant him a License for that purpose. Mass. 

Eead and tir^House'''"' 

Ordered, That the Prayer of this Petition be so far granted, as Journal, p. 398. 
that the Justices of the Court of General Sessions of the peace now 
holden at Charlestown for the County of Middlesex, be, and they 
hereby are impowered to grant the Petitioner a Licence (if they see 
fit) to keep an House of public Entertainment in the Town of Med- 
ford, He first Obtaining the Approbation of the Select Men of said 
Town, the Time for granting Licences being elapsed Notwithstand- 
ing. ^Passed April 19. 



CHAPTER 408. 

VOTE CONFIRMING ASSESSMENTS AT SHERBURN FOR THE YEAR 1756. 

In the House of Representatives ; Legislative 

Whereas it is represented to this House that the Assessors chosen coundf, xliilf 
for Sherburn on the Island of Nantucket for the year. 1756. were ■9^- 
not Sworn or Affirmed as prescribed by Law within seven days after House Jour- 
they were chosen, although they were regularly chosen, and Sworn ^^ ''^' 
or Affirmed before said Taxes were made from which great difficulties 
are like to arise and many Law Suits by reason said Assessors were 
not Sworn or Affirmed within the time limited by Law. 

Voted That the said Assessment made by the said Assessors for 
the year. 1756. be and are hereby declared good and valid in Law 
to All Intents and purposes as it would have been had the said 
Assessors been Sworn or Affirmed within seven days from their 
being chosen. 

In Council; Read and Concurred. {^Passed April 20. 



CHAPTER 409. 

ORDER GRANTING TO MARY KNOX LICENCE TO SELL STRONG DRINK. 

A Petition of Mary Knox ; praying that in the Absence of her Legislative 
Husband the Court of General Sessions of the peace may be im- councff xiiL^ 
powered at their Adjournment on the eleventh of May next to 296. Mass', 
grant her a License to retail Strong Liquors at her house in Sea ^^«^^^®«' ^-'^-^•' 
Street in Boston; She having obtained the Approbation of the Ma^^! 
Selectmen for that purpose as by their Certificate annexed. Archives, cxx., 

Keau & Journal, p. 402. 

Ordered that the prayer of this Petition be Granted and that the 
Justices of the Court of General Sessions of the Peace for the County 



176 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 410-412.] 



of Suffolk be, & they hereby are Impowered at their next Sitting 
by Adjournment on the eleventh Day of may next to Grant the Pef 
a Licence (if they see fit) to Retail Strong Liquors in small Quantities 
in the Town of Boston, she having obtained the approbation of the 
Select men of said Town for that purpose the time for granting 
Licences being Elapsed notwithstanding. \^Passed April 20. 



Legislative 
Records of tlie 
Council, xxii., 
296. Mass. 
Archives, cxx., 
238. 

Mass. 

Archives, cxx., 
237. House 
Journal, p. 402. 



CHAPTEE 410. 

ORDER GRANTING TO HENRY ATKINS, JUN«, LICENCE TO SELL STRONG 

DRINK. 

A Petition of Henry Atkins jun'" praying that the Court of Gen- 
eral Sessions of the peace for the County of Suffolk may be impow- 
ered at their Adjournment on the 11"" May next to grant him a 
License to retail Strong Liquors in small Quantities at his House 
in -Fish Street in Boston; He having obtained the Approbation of 
the Selectmen for that purpose as by their Certificate Annexed. 

Read & 

Ordered that the Prayer of this Petition be Granted, and that 
the Justices of the Court of General Sessions of the Peace for the 
County of Suffolk be and they hereby are Impowered at their next 
Sitting by Adjournment on the eleventh Day of may next to Grant 
the Pef a Licence (if they see fitt) to Retail Strong Liquors in small 
Quantities in the Town of Boston, he having obtained the appro- 
bation of the Select men of said Town for that purpose, the time 
for Granting Licences being Elapsed notwithstanding. [Passed 
April 20. 



CHAPTER 411. 



Legislative 
Records of the 
Council, xxii., 

297. 

House Jour- 
nal, p. 406. 
Ante,, p. 153, 
chap. 353. 



VOTE THAT THE TIME FOR INLISTMENT OF THE LEVIES FOR THE 
INTENDED EXPEDITION AGAINST CANADA BE EXTENDED, &c. 

Voted That the time for raising the intended Levies for the Ex- 
pedition against Canada by Inlistment be lengthned out upon the 
same Bounty 'till the second day of May next, and in case the num- 
ber of Forces voted to be raised by this Government shall not be 
compleated by four o'clock in the afternoon on said day ; That his 
Excellency the Captain General be desired to give Orders for mak- 
ing up the Deficiency by an Impress. [Passed April 21. 



CHAPTER 412. 



ORDER ALLOWING £2. 13. 4 YEARLY TO THO^ HUTCHINSON, ESQ«, WHILE 
IN CHARGE OF FRENCH NEUTRALS. 

Rlford"of the ^ Memorial of Thomas Hutchinson Esq"" setting forth That in 
CoSncif, xxii.? the year. 1756. he undertook with leave of the Court the care of a 
Archi^eT" number of the French late Inhabitants of Nova Scotia, and has 
xxiv., 30.' g^jii teji of them under his care. That by encouraging them to 



[4th Sess.] Province Laws (^Resolves, etc.). — 1757-58. 177 

labour they have been supported witliout any Charge to the prov- Mass. 
ince, except some small Expence for a Doctor, and the Hire of a xxiv.^w.' 
House for them to dwell in, whereby there has been a saving of "[{"j," 4„7'''' 
One hundred pounds which these people would in proportion to I'Voviiue' 
the rest have otherwise cost for their Support That he is Still will- notcf xv'.', 698, 
ing to continue his care of them ; And praying that for the time ^hap. i6s. 
to come House Rent not exceeding 53/ 4 ^ Annum may be allowed 
or that they may be put under the Care of the Selectmen. 

Read and 

Ordered, That the Prayer of this Memorial be granted; And that 
there be allowed to be paid out of the public Treasury to the Memo- 
rialist the sum of Two pounds thirteen shillings and four pence 
Yearly, for providing the french People mentioned with an House 
to dwell in, for the future, during the Time he shall have the said 
People under his Care. \^Passed April 21. 



CHAPTER 413. 

VOTE IMPOWERING THE SELECTMEN OF KINGSTON TO CALL A TOWN 

MEETING. 

A Petition of Nicholas Sever Esq"" and others Inhabitants of R|fordfofti,e 
Kingston; setting forth that at the Meetings warned for the choice Council, xxii.,. 

of Town Officers in March last, the Constable who warned the Meet- — 

ing made no return of his Warrant, notwithstanding which some ^a"i^pp.'«)MO't, 

of the Inhabitants (among whom some persons not qualified by Law 405.' 

were allowed to vote) proceeded to chuse Town Officers, but having 

not been warned to take their Oaths, they are at present destitute 

of Town Officers; And praying that the Selectmen may be impow- 

ered to issue another Warrant for the choice of Town Officers, for 

the year ensuing or grant such other Relief as shall be Judged proper. 

Read and Whereas it appears to this Court That the proceedings 
of the Inhabitants of the Town of Kingston at their Meeting in 
March last as within mentioned were illegal. Therefore 

Voted That the Selectmen of said Town be and they are hereby 
authorized and impowered to issue their Warrant to the Constable 
of said Town to Notify the Inhabitants qualified by Law to meet 
at such time as they shall see fit to appoint to chuse Town Officers 
for the year ensuing; And that the choice that shall be made at 
such meeting of the Inhabitants legally Warned and assembled, 
shall be deemed and hereby is declared good and valid In Law to 
all intents and purposes, and that all Town Officers so chosen shall 
be subjected to the same penalties, and when duly Sworn into their 
respective Offices shall be held to the same duty, and all their pro- 
ceedings therein (in other respects legal) shall be deemed and hereby 
are declared as good and valid in Law, as if they had been chosen 
in the Month of March last agreeable to Law. \^Passed April 21. 



178 



Province Laws {Resolves, etc.). — 1757-58. [Chap. 414.] 



CHAPTER 414. 



Legislative 
Records of the 
Council, xxii., 
300. Mass. 
Archives, 
xxxlii., 40. 

Mass. 
Archives, 
xxxiii., 38. 
House Jour- 
nal, p. 446 
(April, 1757) ; 
pp. 29, 51,154, 
155, 401, 409, 410. 
Province 
Laws, 1., 93, 
chap. 41; XV., 
238, chap. 171 ; 
287, chap. 302 ; 
615, chap. 215. 



ORDERS IMPOWERING GUARDIANS OF PUNKAPOAG INDIANS TO SELL 
LAND AND DIRECTING THEM TO COLLECT FROM ABUTTORS THEIR 
PROPORTION OF EXPENSE OF SAID SALE. 

Whereas it appears by the Accounts presented to this Court by 
the Guardians of the Punkapog Indians, that there is due from the 
said Indians to their said Guardians and others the Sum of £16.13.51/^ 
agreable to the Schedule annexed ' (exclusive of £4.6.8 the Amount 
of Doctor Samuel Gardner's Account which being loose and not 
well vouched is not at present allowed) and also the further Sum 
of £5.13.5 as their Part of the Charges of taking a Survey of their 
Lands by Order of the General Court passed the 19"' of October 
1756, amounting in the whole to £22.6.10^^; which Debts the said 
Guardians have no Money belonging to said Indians whereby they 
can be discharged : and whereas it appears by the Plan returned to 
this Court, that the said Indians are possessed of 710% Acres of 
Land ; Part of which must be sold in order to enable the said Guar- 
dians to discharge the said Debts; For this End, and also more com- 
fortably to provide for the said Indians for the future : 

Ordered, That Eobert Spur, and Samuel Niles Jun' Esq" and M' 
Joseph Billings, the Guardians of the said Indians be and hereby 
are authorized and impowered to sell three Hundred Acres of the 
said Indians Lands for the most the same will fetch at such Places 
as will be least prejudicial to the said Indians and most advantageous 
for Sale, the same to be in small Lotts from ten to twenty Acres 
and the said Guardians are hereby impowered to make Deeds of Con- 
veyance of such Lands, which when duly executed shall be valid in 
Law to all Intents and Purposes whatsoever, the money arising by 
such Sale to be applied to the discharging the said Indians Debts 
aforesaid, and the Overplus, (if any there be,) to be let out on In- 
terest by the said Guardians for the Use of the said Indians, and 
Security taken to them and their Successors in said Trust, the said 
Guardians to be accountable to the General Court for the whole of 
their Proceedings herein. 

And Whereas by the aforesaid Order of the General Court for 
taking a Survey of the said Indians Lands, one moiety of the Charge 
thereof (which appears to be £5.13.5) was to be born by the English 
abutters on the said Lands; it is further 

Ordered, That the said Abutters be and hereby are directed to 
pay their several Proportions of their said moiety as expressed in 
the Schedule hereto annexed; and that the said Guardians or either 
of them be and hereby are authorized and Impowered to Collect and 
Eeceive the same from the said English abutters in said Proportion, 
in the same manner and Form, and by the same Rules as the Prov- 
ince Taxes are Collected by the Constables or Collectors of the sev- 
eral Towns in this Government. {Passed Ajjril 22. 

^ Mass. Archives, xxxiii., 39. 



[4th Sess.] Province Laws (Jiesolves, etc.). — 1757-58. 179 

CHAPTEK 415. 

RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Besolved Tliat there be allowed and paid out of the publick Treas- Legislative 
iiry to M^ David Wilder for the Use of Henry Haskell twenty shil- ^^S°^f, °*^^f.^ 
lings; for the use of Henry Haskell jun"' Forty eight shillings; for 3oi. 
the Use of Jonas Wilder Five pounds ten shillings; for the Use of Mass. 
David Johnson, Forty five shillings and six pence, and for the Use ixx'vC 699,700; 
of Uriah Holt Forty shillings and eight pence; To M' William OSS'", 2so; S 304! 
Stickney for the use of Sampson Crosby Three pounds seventeen skM^^Upi 482i 
shillings and four pence, for the use of John White Four pounds 528,'s48,'57o'59'i| 
and for the use of Jonathan Hill Thirty six shillings and seven Hougg J^,r. 
pence; To Joseph Buckminster Esq'^ for the Use of Asahel Mat- nai,p. 408. 
thews Five pounds nineteen shillings and seven pence and for the 
Use of Ebenezer Boutwell Forty eight shillings; To M"" Samuel 
King for the Use of Josiah Smith Forty shillings; for the use of 
James Sherman Forty two shillings, and for the Use of Thomas 
Walton Thirty six shillings; To M'' Jazaniah Tucker for the use of 
John Glover Three pounds nineteen shillings and ten pence; To 
M' Samuel Witt for the use of Richard Barnes Three pounds ten 
shillings; To M"" David Marsh for the use of Enoch Johnson Thirty 
two shillings; To M"" Eichard Bailey for the use of Daniel Talbot 
Forty one shillings; To M"' Gideon Lyman for the use of Elisha 
Warner Four pounds one shilling ; To Nathaniel Sumner Esq"" for 
the use of Samuel Ehoads Four pounds ten shillings ; To M'' Fel- 
lows Billing for the use of Ithamar Read Three pounds; To Elijah 
Williams Esq"" for the use of Zebadiah Stebbins Four pounds ten 
shillings ; To John Osgood Esq"' for the use of James Carlton, Three 
pounds; To M'' Benjamin Hills for the use of Thomas Hadley Five 
pounds; To Thomas Greenwood Esq'' for the use of Josiah Robin- 
son Eight pounds eleven shillings; and to M"' Joseph Goldthwait 
Six pounds, being in full Consideration of the Expences in their 
petitions respectively mentioned. [Passed April 22. 



CHAPTEK 416. 

ORDER IMPOWERING JOHN SEARS, GUARDIAN, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of John Sears of Yarmouth Guardian of Jonathan Legislative 

and Elizabeth Sears Minors, Children of Jonathan Sears late of coSS xxn .! 

Harwich in the County of Barnstable deceased, praying liberty to 302- 

Sell two third parts of a small Dwelling house, and about three House Jour- ^ 

acres of Land, and also two third parts of about half an Acre of 405,'4&^^'tov- 

Land near adjoining, which the said Jonathan devised to his two i?i-*^ ^^7^in**' 
/-ii •! T <• • 1 T • 1 Ti«- • • 1 • T n 1 , 151, chap. 10. 

Children aforesaid, and improve the Money arising by said Sale at 

Interest which he apprehends will be more for the benefit of the 

Concerned. 

Read and 

Ordered That the prayer of this petition be so far granted as that 
the petitioner be and hereby is enabled (in his said Capacity of Guar- 
dian) to Sell the Real Estate of the said deceased mentioned for the 



180 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 417, 418.] 



most the same will fetch, and to give and execute a good and suffi- 
cient deed or deeds thereof in the Law; He observing the directions 
of the Law relating to the Sale of Eeal Estates by Executors and 
Administrators, and giving caution to the Judge of probate for the 
County of Barnstable that the proceeds thereof shall be secured in 
order for distribution among said minors agreeable to Law. \^Passed 
April 22. 



Legislative 
Records of the 
Council, xxii., 
302. 

House Jour- 
nal, pp. 393, 405. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTEK 417. 

ORDER IMPOWERING NATRi- LOW, GUARDIAN, AND MARGARET BURN- 
HAM, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

A Petition of Nathaniel Low Guardian of John Burnham of 
Ipswich a person non Compos, and of Margaret Burnham Wife of 
said John, setting forth That the said John's Estate being all ex- 
pended She is reduced to want, and having some Lands of her own 
the Income of which is insufficient for her Support and She not 
qualified to make Sale of the same ; praying that they may be enabled 
to Sell of said Lands to the Amount of Thirty pounds for the Use 
aforesaid, 

Eead and 

Ordered That the Prayer of this Petition be so far granted as 
that the petitioners Viz^ the said Nathaniel Guardian as mentioned, 
and the said Margaret be and they hereby are impowered to make 
Sale of Thirty pounds Worth of the Real Estate of the said Mar- 
garet mentioned for the most the same will fetch, and to make and 
execute a good and sufficient deed or deeds of the same; They ob- 
serving the Rules of the Law respecting the Sale of Real Estates 
by Executors and Administrators and that the Sum arising by said 
Sale be put into the hands of Deacon Joseph Appleton of Ipswich 
and by him to be applied for the Support of the said Margaret, He 
to account with the Executors or Administrators of the said Mar- 
garet of his proceedings herein when demanded. \_Passed April 22. 



CHAPTER 418. 



Legislative 
Records of the 
Council, xxii., 
304. Mass. 
Archives, 
Ixxvii., 549. 

Mass. 
Archives, 
Ixxvii., 549. 
House Jour- 
nal, p. 414. 



RESOLVE ALLOWING 19/ 2» TO ELI PHINNEY. 

A Petition of Eli Phinney of Barnstable, praying an Allowance 
of his Expence in forwarding to their respective Homes two Sick 
Soldiers, namely George Gray and Samuel Kenny who have both 
died since and left nothing to pay him for his disbursments which 
amount to Nineteen shillings and two pence for which they gave 
him their Note. 

Read and 

Resolved that there be allowed and paid out of the public Treas- 
ury into the hands of M' Edward Bacon the sum of Nineteen shil- 
lings and two pence, to be by him paid to the Petitioner, in Discharge 
of the Balance remaining due on the Note mentioned. \^Passed 
A^Jril 24. 



[4th Sess.] Province Laws {Resolves, etc.). — 1757-58. 181 



CHAPTER 419. 

RESOLVE ALLOWING £303. 18. 11 TO DEFRAY THE CHARGE OF A TRAIN 

OF ARTILLERY. 

Eesolved That there be allowed and paid out of the publick Treas- Legislative 
ury to John Wheelwright Esq'' Commissary General the sum of Three councif xx\l^ 
hundred and three pounds eighteen shillings and eleven pence to ^os. 
defrey the Charge incurred by his Excellency's Order to prepare a Legislative 

m • j! \ --11 ii 1 i A 1 i r Records of the 

Irani of Artillery upon the late Alarm. council, xxii., 

And tliat his Excellency be desired with the Advice of the Coun- Housf 'jour?^^' 
cil to give his Warrant on the Treasury for payment thereof out nai, pp. 130,239, 
of the Appropriation for the Forces raised by this Province for his 302^304', 403)4 is! 
Majestys Service under the Command of the Right honourable the 
Earl of Loudoun. [Passed Api'il 24. 



CHAPTER 420. 

ORDER IMPOWERING JAMES WHIPPLE, JUN^, ADM», TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of James Whipple jun'' of Grafton Administrator Legislative 
of the Estate of Joshua Winchester late of said Grafton deceased; councn^ xxi?^ 
setting forth That the deceaseds Eeal Estate consisting of about 305. 
forty Acres of Land in Grafton was Apprized at £122.13.4. That House Jour- 
the personal Estate is insufficient to pay the debts by £31.8.6. That Proline?^' ^''' 
there are three Children under 7 Years of Age; And praying liberty Laws, u., 151, 
to Sell the said Eeal Estate to pay the debts, and the remainder put 
on Interest for bringing up the Children. 

Eead and 

Ordered That the prayer of this petition be so far granted as that 
the petitioner in his said Capacity be and hereby is authorized and 
impowered to make Sale of the Lands therein mentioned for the 
most the same will fetch and to make and execute a good and suffi- 
cient deed or deeds of Conveyance thereof to the purchaser or pur- 
chasers; the petitioner observing the directions of the Law respect- 
ing the Sale of Eeal Estates by Executors and Administrators, and 
giving sufficient caution to the Judge of probate for the County of 
Worcester, that the produce arising by said Sale (after paying the 
just debts of the deceased) be put on Interest one third part of said 
Interest to be for the use of the Widow of the said Joshua during 
Life, and the other two thirds to be applied for the Bringing up 
said Children, and the Share of each Child in the principal Sum 
as they respectively come of Age to be distributed to them, as also 
their respective Shares in the other third after the decease of the 
said Widow agreeable to Law.' [Passed April 24. 

^ This chapter appears again in Legislative Records of the Council as of date March 23 ; 
but the action of that date was, it seems, the action of the House only. — See House Jour- 
nal, pp. 338, 377. 



182 Province Laws {Resolves, etc.). — 1757-58. [Chaps. 421-423.] 

CHAPTER 421. 

RESOLVE ALLOWING 12/ AND A FURTHER SUM OF 20/ TO JOHN PEACOCK. 

Rlfordfof the ^ PETITION of John Peacock, praying an Allowance for the Use 
coun«i,xxii., of his Gun which he carried with him in the two Crown point Ex- 
Archives, ' peditions in 1755 and 1756. and for his Expences incurred by his 
ixxvii.,555. returning home Sick. 

Archives, Read and 

ixxvii. 555. Resolved That the Prayer of this Petition be so far granted, as 

nai"pp.i7M96, that there be allowed and paid out of the public Treasury to Tim- 
fn^Laws^xv!; ^}^^ Ruggles Esq' for the Petitioner's Use, the sum of twelve Shil- 
367, Chap. 97. ' lings for the use of his Gun which he carried into the Service on 
the first Crown-point Expedition, and also the sum of twenty Shil- 
lings in consideration of his Expences in his Sickness mentioned. 
{^Passed April 24. 

CHAPTER 422. 

Legislative ORDER IMPOWERING ABIGAIL LANGDON, ADM^, AND JAMES WILSON TO 

Records of the EXECUTE DEEDS. 

Council, xxu., 
306. 

House Jour- A PETITION of Abigail Langdon Administratrix of the Estate 

naj.pp.400,407, of Nathaniel Langdon of Boston in the County of Suffolk deceased, 
and of James Wilson of the District of Spencer in the County of 
Worcester, setting forth, that the said Nathaniel had in his Life 
time contracted with the said James Wilson to convey to him a 
peice of Land of Three Acres & thirty Eods in said Spencer, that 
the same was measured off, and a deed drawn, and the said James by 
leave of the said Nathaniel had entered and built on the premisses ; 
but as the said Nathaniel died without executing the deed ; praying 
that She the said Abigail the Administratrix may be impowered to 
execute a lawful and sufficient deed of said Land agreeable to the 
Contract made with the deceased. 
Eead and 

Ordered That the prayer of this petition be so far granted as that 
the petitioner in her said Capacity be and hereby is authorized and 
impowered to make and execute a good and sufficient deed of the 
Three Acres and thirty Rods of Land mentioned to the said James 
Wilson his Heirs and Assigns, He the said James giving a good and 
sufficient deed to the Heirs of the said Nathaniel of the Land he 
was to give in exchange for the said three Acres and thirty Rods 
of Lands (provided he has not done it already) agreeable to the 
Contract made between the said James and Nathaniel in the Life 
time of the said Nathaniel. {^Passed April 24. 



CHAPTEli 423. 

VOTE IMPOWERING WILLIAM GREGORY TO REVIEW AN ACTION. 

Records'of the ^ PETITION of William Gregory, shewing That at the Sitting of 
Council, xxii., the General Court in December last he obtained liberty to review an 
Action against Joshua prebble and Abraham Prebble at the then 



307. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1757-58. 183 

next term of the Superiour Court for the County of Suffolk which ^fi^^.^.'^HMra, 
was in February last, but that by reason of some delays in tlie pub- ^^^^^f^^ ^^■ 
lick Offices he was not able to get out his Writ till late, so that the chap!i86. ' 
Sheriff returned it without serving it; And praying that he may be 
enabled to review said Action at some future term of said Court. 

Read & 

Voted That the Prayer of this petition be so far granted as that 
the petitioner be and hereby is enabled to review his said Action at 
the Superiour Court to be held in August next for the County of 
Suffolk; And in case the said Joshua Prebble and Abraham prebble 
cannot be found so as that the petitioners Writ of Review cannot 
be duly served for said next term, that then the petitioner may 
review said Action at the Superiour Court to be held for the same 
County in February next, And the Superiour Court before whom 
this Action in pursuance of this Order shall be reviewed shall be 
and hereby are authorized and impowered to hear try and deter- 
mine said Cause according to Right, and to enter up Judgment 
and award Execution accordingly, any former Judgment or pro- 
ceedings thereon notwithstanding. \^Passed April 24. 



CHAPTER 424. 

VOTE ACCEPTING REPORT OF COMMITTEE FOR MAK» FURTHER PROVI- Legislative 

SION FOR THE TROOPS. CouS.xl-ii.? 

308. 

John Osborne Esq"* from the Committee on his Excellency's Mass. 
Message of the 22'^ Instant, made the following Report, Viz* fTT^Tr^LS's- 

That a good Knapsack and a Tin Flask or Wooden Bottle be latiVe Records 
forthwith provided for each person going in the Expedition also a xxu., 303, 304. ' 
Tinkettle of ten quarts with a small or light Wood Axe for each na^i^ppS^a- 
Mess. Six Men to a Mess, That a Chaplains pay be advanced Forty Province ' 
shillings provided he is an ordained Minister and obliged to leave note.^'^^'' * 
his Congregation and not otherwise, And that there be allowed two ^Ip'.sTO.^' 
Surgeons Mates instead of One. 

Read and Accepted. \_Passed April 24. 



CHAPTER 425. 

RESOLVE ALLOWING 40/ TO SIMEON TUPPER. 

A Petition of Simeon Tupper of Stoughton a Soldier in Major Legislative 
Millers Company, praying an Allowance for the time he was made colmcif xiiuf 
up short in the Muster Roll of said Company. 309. Mass. 

■^T^ T T 1. J Archives, 

Read and ixxvii., 476. 

Resolved, That there be allowed and paid out of the Public Treas- House Jour, 
ury to M"" Richard Bailey, for the Petitioner's Use, the Sum of forty nai,pp.3u,4i8. 
Shillings, being the Balance due to him for Wages on the last Crown 
point Expedition. {^Passed April 25. 



184: 



Province Laws {Resolves^ etc.). — 1757-58. [Chaps. 426, 427.] 



CHAPTER 426. 

ORDER IMPOWERING JON^ WHEELOCK, EXECUTOR, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

Rlfords'of^the ^ PETITION of Jonathan Wheelock Executor of the last Will and 
Council, xxii., Testament of Daniel Thayer of Charlton in the County of Worces- 

^— ter deceased ; setting forth That the deceased left about Sixty two 

nail'ppi'i^l'ios, Acres of Land of the Value of One hundred and twenty pounds 

418. Province which he gave to his four Sons all under ten Years of Age, That 

chap. 10."' ' the deceaseds personal Estate is not sufficient to pay his debts; and 

the Income of the Lands so small, that it will not bring up the 

Children ; And praying liberty to Sell the same, he to be accountable. 

Eead and 

Ordered That the prayer of this petition be so far granted, as 
that the petitioner in his said Capacity of Executor, be and he 
hereby is impowered to make Sale of the Lands within mentioned 
for the most the same will fetch, and to make and Execute a good 
and sufficient deed or deeds thereof in Law ; He attending the direc- 
tions of the Law relating to the Sale of Real Estates by Executors 
and Administrators and giving sufficient caution to the Judge of 
probate for the County of Worcester to apply the proceeds of said 
Sale to the payment of the deceaseds just debts: and the Overplus 
to be divided among his four Sons agreeable to his last Will and 
Testament. \^Passed April 25. 



CHAPTER 427 



ORDER ADJOURNING THE COURTS OF BARNSTABLE COUNTY. 



Legislative 
Records of the 
Oouncil, xxii., 
310. 

House Jour- 
nal, p. 421. 
Province 
Laws, iii., 726, 
chap. 33. 
Ante, p. 174, 
chap. 406. 



Whereas the Superiour Court of Judicature Court of Assize 
and General Goal delivery instead of being held at Barnstable in 
the County of Barnstable for the Counties of Barnstable and Dukes 
County on the first Tuesday of May next is by Law not to be held 
'till the first Wednesday in said May, and the Inferiour Court of 
Common pleas and Court of General Sessions of the peace for the 
County of Barnstable is by Law to be held in the same County on 
the Second Tuesday of May next, and by reason of much other 
publick Business at that buisy Season of the year great Incon- 
veniences may happen to the Inhabitants of the same County; if 
the Inferiour Court and Court of General Sessions of the peace 
should be then held for the same County. Therefore 

Ordered That the Inferiour Court of Common pleas and the Court 
of General Sessions of the peace instead of being held at Barnstable 
for the County of Barnstable on the second Tuesday of May next 
in this present Year, shall be held at said Barnstable for the same 
County on the third Tuesday of September next, and not before, 
and the Justices of the same Court then and there shall and may 
proceed to hear and try all Causes, and enter up Judgment in the 
same manner, as if it was the time fixed by Law for such matters; 
and all processes and Matters that by Law ought to have come before 
or been entered in said Court on the second Tuesday of May in this 



[4th Sess.] Province Laws {^Resolves, etc.). — 1757-58. 185 

Year are hereby Adjourned and continued over to said third Tues- 
day of September next, and shall have then day in Court accord- 
ingly. {Passed April 25. 



,CX1., 



CHAPTER 428. 

ORDER GRANTING TO THOMAS RUDQE LICENCE TO SELL STRONG DRINK. 

A Petition of Thomas ' Rudge of Maiden in the County of Mid- ^®^'^^^"^f .j, 
dlesex; setting forth, That having lost his Leg he is disabled from council, xxu., 
getting his Livelihood in the way of his Occupation as a Miller, Arehi^esTt' 

And praying that the next Court of General Sessions of the peace 4i£^ 

for said County may be impowered to grant him a Licence for retail- House Jour 
ing Liquors Coffee and Tea, the time for granting Licences being '^^^ ■ p- 
elapsed notwithstanding. 

Read and 

Ordered, That the Prayer of this Petition be so far granted, as 
that the Justices of the Court of General sessions of y^ Peace for 
the County of Midd^ be and they hereby are impowered at their 
next Term to grant the Pet' a Licence, if they see fit, to retail spir- 
ituous Liquors in the Town of Maiden, he first Obtaining the Appro- 
bation of the Selectmen of said Town, the Time for granting Licences 
being elapsed notwithstanding. \^Passed April 26. 



CHAPTER 429. 

ORDER IMPOWERING SARAH BOWERS, ADM^, TO DELIVER A DEED 
UNDER CONDITIONS AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Sarah Bowers of Groton Widow & Administratrix Legislative 
of the Estate of Joshua Bowers late of said Groton deceased intes- counci?, xxii!,^ 

tate and Guardian of her Children ; setting forth That her said Hus- ^_^ . 

band had made a purchase of her Father Ebenezer Farnsworth of House Jour- 
his Dwelling house and Land in Groton aforesaid in consideration 3^,'^''' ' ' 
whereof he became Bound to pay her said Father £26.13.4 and to 
provide for his Support and the Support of their Mother during . 
their Lives; That it is impossible for her to comply with said Obli- 
gations without selling a part or the whole of said Estate, and that 
her parents are willing to release the Bargain ; Therefore praying 
that She may be enabled to give up the Deed of said House and 
Land upon her said late Husband's Obligation's being cancelled. 

Read and 

Ordered That the Prayer of this petition be so far granted as that, 
if the Judge of probate for the County of Middlesex shall find upon 
his Settlement of said Bowers Estate there is enough to satisfy his 
debts exclusively of the House and Land mentioned in said deed, 
That in such case the said Sarah Bowers be and hereby is impow- 
ered to deliver said deed to Ebenezer Farnsworth upon his delivery 
of Joshua Bowers said Bond to her, and upon said Farnsworths Set- 
tlement [of] ^ the Remainder of the Estate in said deed mentioned 

' The House Journal, p. 425, reads, "John." 
' Inserted from the House Journal, p. 383. 



186 



Province Laws {Resolves^ etc.). — 1757-58. [Chaps. 430, 431.] 



after his and his Wifes decease upon the Children of said Joshua 
Bowers and their Heirs, a double portion thereof to the Eldest Son, 
and that the Judge of Probate for said County Oversee and approve 
said Settlement. \^Passed April 26. 



CHAPTER 430. 



Legislative 
Records of the 
Council, xxii., 
313. 

House Jour- 
nal, pp. 401, 425, 
426. Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING THOMAS WHITE, GUARDIAN, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Thomas White of South Hadley in the County 
of Hampshire Guardian of Gideon Alvord of said South Hadley, 
a person Non Compos ; setting forth That said Gideon while of a 
sound mind purchased a Tract of Land in said place of about Sev- 
enty Acres, and on that and other Accounts is justly Indebted to 
sundry persons & having but little personal Estate, said Land is 
like to be taken in a course of Law by his Creditors, which will 
occasion much Expence ; And praying that he may be impowered 
to make Sale of said Land, he to be Accountable for the produce. 

Eead and 

Ordered That the prayer of this Petition be so far granted as 
that the petitioner in his said Capacity of Guardian be and hereby 
is authorized and impowered to make Sale of the Lands within men- 
tioned for the most the same will fetch, and to make and execute 
a good and sufficient deed or deeds of the same to the purchaser 
or purchasers he observing the directions of the Law relating to 
the Sale of Eeal Estates by Executors and Administrators and giv- 
ing sufficient caution to the Judge of probate for the County of 
Hampshire, that the produce arising by said Sale shall be applied 
for the payment of the just debts of the said Gideon, and if the 
said Gideon shall come to be of sound mind again then the said 
Thomas to be accountable to him for what shall remain in his hands. 
[Passed April 26. 



CHAPTER 431. 



Legislative 
Records of the 
Council, xxii., 
313. 

Mass. 
Archives, 
Ixxvi., 269, 365, 
685; Ixxvii., 
180, 241, 262, 297, 
480, 484, 485, 486, 
487,496,500,544. 
House Jour- 
nal, p. 423. 



RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Resolved That there be allowed and paid out of the publick Treas- 
ury to John Worthington Esq'' for the use of Elisha Ferry thirty 
six shillings, for the use of Moses Stebbins thirteen shillings and 
ten pence, and for the use of Stephen Stebbins thirty six shillings; 
To William Lawrence Esq' for the use of William Nutting Four 
pounds five shillings and four pence, and for the Use of Benjamin 
Woolson Three pounds eleven shillings and eight pence; To Moses 
Marcy Esq'' for the Use of David Smith fifty shillings ; for the Use 
of John Rook Forty shillings and for the Use of Peter ^ Clemens 
Four pounds five shillings; To Capt. James Barrett for the use of 
William Poole forty shillings; To Caleb Gushing Esq"" for the use 
of Elizabeth Wingate Three pounds ten shillings and two pence; 
To M' Thomas Morey for the use of Lydia Winchell Ten pounds 
one shilling and five pence; To Joseph Gushing Esq' for the Use 

* The House Journal, p. 423, and Mass. Archives, Ixxvii., 486, both read, " Phillip." 



[4th Sess.] Province Laws {Resolves^ etc.). — 1757-58. 187 

of James Otis Twenty two shillings; To Thomas Foster Esq"" for 
the Use of Moses Barrow and Seth Barrow Four pounds; To Michael 
Dalton Esq' for the Use of John Stone Fifty three shillings and six 
pence; And to Captain John Brown for the Use of Oliver Seager 
Four pounds thirteen shillings and four pence, To Samuel White 
Esq"" for the Use of David Crosman Four pounds nine shillings and 
one penny ; To Joseph Buckminster Esq' for the Use of Daniel Evans 
Three pounds; To Capt. Peter Coolidge for the Use of Eli Morse 
Five pounds in full Consideration of the Expences in their petitions 
respectively mentioned, \^Passed April 26. 



CHAPTER 432. 

ORDER GRANTING TO JOHN BARTLET LICENCE TO KEEP AN INN. 

A Petition of John Bartlet of Plymouth setting forth, That Legislative 
he hath for divers Years past kept an House of publick Entertain- councif.xxii.^ 
ment in said Plymouth, That he hath lately purchased a House well ^rciiives^cxi 
x\ccommodated for that business about five Rods distant from the 4i4. 
House where he now carrys it on. And praying that the Court of Mass. 
General Sessions of the peace for the County of Plymouth to be ^3^*^110118*6^^'' 
holden on the third tuesday of May next may be impowered to grant Journal, p. 423. 
him a License to carry on the business in the House he hath pur- 
chased, the time for granting Licenses being elapsed notwithstanding. 

Read and 

Ordered., That the Prayer of this Petition be so far granted, as 
that the Justices of the Court of General Sessions of the peace for 
the County of Plymouth, be, and they hereby are, impowered, at 
their sessions in May next, to grant the Petitioner a Licence, if they 
see fit to give public Entertainment, at his House lately purchased 
in the Town of Plymouth as mentioned, provided he procure the 
Approbation of the Select Men of said Town, for that purpose, y^ 
Time for granting Licences being elapsed notwithstanding, [Passed 
April 26. 



CHAPTER 433. 

VOTE ALLOWING INTEREST ON PURCHASE OF BLANKETS. 

Voted That all those persons of whom the Commissary General R|fo|ds*of t^e 
hath purchased or shall purchase any Blankets for the intended council, xxii., 

Expedition against Canada shall be allowed Interest from this time ^— 

on the several Sums that shall be respectively due to them there- ^aTp*' faT*^' 
for, [Passed April 26. i^t'%^^' 



188 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 434, 435.] 



CHAPTEK 434. 



Legislative 
Records of the 
Council, xxii., 
315. Mass. 
Archives, 
Ixxvii., 559. 

Mass. 
Archives, 
Ixxvii., 558. 
House Jour- 
nal, pp. 414, 416, 
426, 427. 



ORDER GRANTING 190 ACRES OF LAND TO JOSEPH BARKER. 

A Petition of Joseph Barker setting forth That he was a Sol- 
dier in the Expedition against Crown point in the year, 1755. and 
being in the Battle at Lake George was so wounded that he Was 
left for Dead on the Field, but being carried off he recovered though 
with the Loss of much Blood ; that he has a Bullet now lodged in 
his head, whereby his Sight and hearing are much impaired nor is 
he ever like to enjoy his former state of health ; and being poor and 
having five Sons ; praying the Compassionate Consideration of the 
Court. 

Eead and 

Ordered, That in Consideration of the Petitioners extroadinary 
services and sufferings there be And hereby is granted to Him of 
the unappropriated Lands within this Province in the County of 
Hampshire One Hundred and Ninety Acres, to be laid out at the 
Charge of the Pef by a Skilful Surveyor, and Chain Men under 
Oath, in a regular Form, And a Plat thereof to be returned to this 
Court, for Confirmation within twelve months; The said One Hun- 
dred & ninety Acres to be, and remain to Joseph Barker, His Heirs 
and Assigns for ever; Provided he the said Joseph his Heirs and 
Assigns fulfill and Comply with the following Conditions, Viz* that 
within three years next after the present War with France shall be 
ended, He or they shall build a good Dwelling House on the Above 
Granted Land, and shall Inhabit the same, the said home to be not 
less than sixteen feet square, and not less than seven feet between 
Joints, as also to fence in not less than ten Acres of Land, to break 
the same up or stock it with English Grass. \^Passed Ajiril 26. 



CHAPTER 435. 



Legislative 
Records of the 
Coiincil, xxii., 
309. Mass. 
Archives, 
xxiv.,31. 

House Jour- 
nal, p. 430. 
Province 
Laws,iv., 99, 
note; xv., 700, 
chap. 430. 



VOTE APPOINTING A COMMITTEE TO DISPOSE OF BOATS. 

In Council 
Voted That Ezekiel Cheever Esq^ with Such as the honourable 
House shall join be a Committee to dispose of the Boats now lying 
in Charlestown ; in which some French People came to this Prov- 
ince from the Southern Governments, and render an account of 
their Doings therein as soon as may be. And that Roland Cotton 
Esq' be directed to render an Account of what he has done respect- 
ing those Boats which were left in the Town of Sandwich 

In the House of Rep" 
Read and Concurred, And James Russell Esq' and M' Hall are 
joined in the Affair. {^Passed April 27.^ 

* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 25. 



[4th Sess.] Province Laws {Resolves^ etc). — 1757-58. 189 



CHAPTER 43(5. 

ORDER IMPOWERING THOMAS AND REBECCA ELLINWOOD, ADM^, TO 
SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Thomas Elliugwood and Rebecca his Wife Admin^ Legislative 
of the Estate of Edmund Livermore late of Sturbridge deceased councif.xxii.f 

former Husband of said Rebecca, of whose Estate She was Sole '^}^ . 

Administratrix setting forth, That the deceaseds personal Estate "^"i"^*^ ''4°2"'^4-79 
is insutficient to pay his just debts; that the Value of his Real 430.' Province' 
Estate being about fifty Acres of Land, may be about One hun- Jhli^pf'io."^^^' 
dred thirty three pounds 6/ 8. That there are three Children sur- 
viving; one of them a daughter who is Married, the other two 
Minors, Avhich daughter as well as the Guardians of said Minors 
have signified their desire to have the said Estate Sold ; And pray- 
ing that they may be impowered to Sell the same that they may be 
enabled to discharge the deceaseds debts, the Overplus to be dis- 
tributed according to Law, reserving one third of the Income to 
her the said Rebecca as her Dower. 

Read and 

Ordered That the Prayer of this petition be so far granted as that 
the said petitioners in their Capacity of Administrators of the Estate 
of the said Edmund Livermore deceased, be and they hereby are 
impowered to make Sale of the whole of the Real Estate mentioned 
for the most the same will fetch, and to execute a good deed or 
deeds in the Law for Conveyance thereof; they observing the direc- 
tions of the Law relating to the Sale of Real Estates by Executors 
and Administrators, the proceeds whereof to be applied in the follow- 
ing manner, Viz'' The Income of one third thereof to be for the use 
of the said Rebecca during her Natural Life in lieu of her Dower 
or Thirds in said Estate. That after the debts of the said deceased 
are paid the remaining part of the other two thirds be divided 
among the Children of said deceased according to Law, and at the 
Death of the said Rebecca the said third be also divided among said 
Children as aforesaid, And that sufficient caution be given to the 
Judge of probate for the County of Worcester for applying said 
proceeds accordingly. [^Passed April 27. 



CHAPTER 437. 

ORDER ALLOWING £9 TO HEZ. PURRINGTON. 

A Petition of Hezekiah Purrington of Brunswick in the County Legislative 
of York, setting forth, that in the Year. 1751. he was taken Captive councff, xxiLf 
by the Indians and carried to Canada, that he soon after obtained 3X9. Mass. 
his liberty of his Master and returned by way of Louisbourg where ^^vVhfee. 
Capt. Josiah Beale paid One hundred and fifty Livres for him being ^^^^^^ 
the price of his Redemption ; And praying that he may be reim- ^™*i\v®?' 
bursed the same. House' Joiir- 

■Read And nal, pp. 98, 99, 

XiedU ii.UU 115,429. 

Ordered., That the Prayer of this Petition be so far granted; as 
that there be allowed to be paid out of the Public Treasury to Nath' 



190 



Province Laws {Resolves, etc.) . — 1757-58. [Chaps. 438-440.] 



Dimnel Esq' for the Petitioners Use the sum of Nine Pounds to 
enable him to Discharge his Note of Hand for one hundred and 
fifty Livres given to Cap* Josiah Beal Which the said Josiah paid 
to the Intendant at Louisbourg in Order to procure the Ransom of 
the said Hezekiah out of Captivity as therein mentioned. [Passed 
April 27. 



CHAPTER 438. 

ORDER IMPOWERING THE SELECTMEN OF LEXINGTON TO CALL A TOWN 

MEETING. 



Legislative 
Records of the 
Council, xxii., 
319. 

House Jour- 
nal, p. 435. 



A Petition of John Clapham of Lexington, setting forth That 
he was chosen Constable for said Town in the year, 1757. and has 
Collected part of the Eates, That he is now engaged in his Majesty's 
Service, being Adjutant to Col° Nichols's Regiment, and hath inlisted 
fifteen Men ; And praying that the Selectmen of Lexington may be 
impowered to appoint some other person in his stead to Collect the 
remainder of the Taxes. , 

Read and 

Ordered That the prayer of this petition be so far granted, as 
that the Selectmen of Lexington be and they hereby are impowered 
forthwith to call a Meeting of said Town of Lexington (if they see 
cause) to choose a Constable in the room of the petitioner to finish 
the Collecting of the Assessments committed to him ; The Petitioner 
first returning the Assessments and Warrants for Collecting said 
Taxes to the said Selectmen with an Account of what part of the 
Taxes he has gathered and paying in the same to the several Treas- 
urers to whom said Assessments are payable. And the Constable so 
chosen shall receive said Assessments with proper Warrants for Col- 
lecting and paying the same. [Passed April 27. 



CHAPTER 439. 

ORDER DIRECTING THE PROVINCE TREASURER TO PUT IN SUIT THE 
BONDS OF DELINQUENT FARMERS OF EXCISE. 



Recordfof the Ordered That the Treasurer of the province be and hereby is 
Council, xxii., directed to put in Suit the Bonds in his hands from the Farmers 
of the Duties of Excise on Spirituous Liquors, and from the Farmers 
of the Duties of Excise on Tea, Coffee and China Ware, where such 



320, 



House Jour- 
nal, p. 426. 

La,w8°if 852 Farmers have not complied with the condition of their respective 

chap. 1. 



Bonds. [Passed April 27. 



CHAPTER 440. 



Legislative 
Records of the 
Council, xxii., 
.320. 

House Jour- 
nal, p. 424. 
Ante, p. 127, 
Chap. 285. 



RESOLVE ALLOWING £9 ADDITIONAL TO HENRY GIBBS, ESQ". 

Resolved That there be allowed and paid out of the publick Treas- 
ury to Henry Gibbs Esq'' Clerk of the House the sum of Nine pounds 
in Addition to the Allowance already made him for his Services the 
current Year. [Passed April 27. 



[4th Sess.] Province Laws (Besolves, etc.). — 1757-58. 191 



CHAPTEK 441. 

ORDER ACCEPTING REPORT OF COMMITTEE ON PETITION OF N. RAY 
THOMAS AND DIRECTING THE PROVINCE TREASURER TO CANCEL 
HIS BOND, ETC. 

A Petition of Nathaniel Ray Thomas of Marshfield, setting Legislative 
forth, That he contracted with a number of the French Neutrals councif xxii^^ 
to enter into his Service, the time whereof was afterwards limited 270,309.' Mass. 
by the Council to one year, and gave bond to the province Treasurer xxiv!Jii.' 
accordingly. That they are grown very uneasy and insolent, and House Jour- 
praying that he may be discharged of any further care of them, nai, pp^sea, 41.5, 
& that his Bond may be cancelled. Laws, iv., 98, 

The Committee on the petition of M'' Nathaniel Ray Thomas 723°chap.^484; 
made the following Report, Viz^ 7581 chap. 574.' 

That the Bond which said M' Thomas gave to the province Treas- 
urer to indemnify the province and also the Town of plymouth on 
account of Charles Muis and family, some of the late French In- 
habitants of Nova Scotia be cancelled ; And that all the said French 
persons received by M"" Thomas be removed to the Town of Easton ; 
and that the Selectmen of said Town receive them and employ or 
provide for them agreeable to the Order of this Court. 

Signed, Samuel Watts ^ Order. 

Read and Accepted and 

Ordered That the Province Treasurer cancell the Bond of the 
Petitioner M^ Nath' Ray Thomas. And that the Selectmen of the 
Town of Easton receive ; & employ or provide for, the French Per- 
sons now with M"" Thomas agreeable to the Order of this Court 
respecting Such. \^Passed April 28.^ 



CHAPTEK 442. 

VOTE DIRECTING THE PROVINCE TREASURER TO PAY ONE HALF OF 
WAGES DUE SOLDIERS TO THEIR FAMILIES. 

Whereas many of the Soldiers raised by this Government the Legislative 
last Year for his Majesty's Service under the Command of his Ex- coSndf.xxu.! 
cellency the Earl of Loudoun are now in Captivity and the Families 315. 
of sundry of them may probably stand in need of part of the Wages Mass. 
due to such Soldiers. itxv&. 

Therefore House Jour- 

Voted That upon any one belonging to the Family of said Sol- 
diers, and having the Care thereof exhibiting to the province Treas- 
urer a Certificate from the Selectmen of the Town where such Family 
belongs, shewing that they are Sober discreet people, and are in neces- 
sitous Circumstances, He be and hereby is directed to pay to the per- 
son presenting such Certificate one half of the Wages due to the 
absent Soldier as made up in the Muster Roll of the Company he 
belongs to. \^Passed April 28. '^ 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 25. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is April 26. 



nal, p. 426. 



192 



Province Laws {Resolves, etc.). — 1757-58. [Chaps. 443, 444.] 



Legislative 
Records of the 
Council, xxii., 
321. Mass. 
Archives, 
Ixxvii., 562. 

Mass. 
Archives, 
Ixxvii., 560. 
House Jour- 
nal, pp. 413, 431. 



CHAPTEK 443. 

RESOLVE ALLOWING £11. 19. 9 TO RARNEY SACHEE. 

A Petition of Rarney Sachee of Boston; setting forth That he 
is a Native of France and being a protestant left his Native Country 
and came to New England in 1756. and inlisted into his Majesty's 
Service under Capt. Vail of Dedham and continued in the Service 
twelve Months ; That being Sick when the Troops were paid off, one 
Peter Febro alias Peter Le Forge counterfeited an order under the 
hand of the petitioner and received Eleven pounds Nineteen shillings 
and nine pence of the province Treasurer due to him for Wages, and 
converted the same to his own Use; That being thus defrauded he 
is reduced to great distress ; And praying Relief. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to the Petitioner the Sum of Eleven pounds Nineteen Shillings 
and nine pence And that the King's Attorney General be directed 
to prosecute Peter Febro for the Fraud suggested in the Petition. 
\^Passed April 28.^ 



CHAPTEE 444. 



Legislative 
Records of the 
Council, xxii., 
322. 

House Jour- 
nal, pp. 485, 436. 
Province 
Laws, iii., 64, 
chap. 32. 



ORDER ADJOURNING THE COURTS OF PLYMOUTH COUNTY. 

Whereas the Inferiour Court of Common pleas and Court of 
General Sessions of the peace are by Law appointed to be held at 
Plymouth for the County of Plymouth on the Third Tuesday of 
May next, and it being a buisy season of the year, and the impor- 
tant Affairs of the Expedition calling for the Attendance of great 
part of the people that may have business at the said Court. 

Ordered That the said Inferiour Court of Common pleas and 
Court of General Sessions of the peace which by Law are appointed 
to be holden at Plymouth aforesaid be and hereby are adjourned to 
the last Tuesday of September next, to be held at the Court house 
in said Town of Plymouth at ten of the Clock in the Forenoon of 
said day; And all pleas, Writs, Actions, Suits Complaints, Processes, 
Precepts Recognizances, and all other things whatsoever returnable, 
and having day or days in said Courts shall stand abide and continue 
unto the said Adjournment, and be held deemed and adjudged to 
be as good effectual and available in Law to all Intents and pur- 
poses whatsoever, as if such Courts had been held and kept at the 
day appointed by Law for holding the same. [^Passed April 28. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is April 27. 



[4th Sess.] Province 'La^s {Resolves, etc.). — 1757-58. 193 

CHAPTEK 445. 

VOTE ALLOWING £23. 10 TO CAPT. JOHN WHIPPLE. 

Whereas a Graut was made by the House of Representatives in Legislative 
their last Session in 1757, to Cap^ John Whipple of Ipswich the ^^^nS xxii^f 
Sum of Twenty three Pounds ten shillings for the paying certain 322 Maes. 
Billetting &c'^^ due to Several persons, which Grant was Concurred ixxvii!,582. 
by the Council, but happened not to be consented to: Wherefore Legislative 

Voted, That the said Grant of twenty three pounds ten Shillings Records of the 

1 i',-i 1 •! iji 11 1 •!• Council, XXI., 

be, and it is hereby revived, and the money ordered to be paid into sis. House 
the Hands of John Choate Esq^ by him to be paid to the said Whipple '^°^^°^'' P'*^" 
for the use of those persons to whom it is due. \^Passed April 28. 



CHAPTER 446. 

RESOLVE ALLOWING £2. 13. 4 TO JOHN STAGEY. 

A Petition of John Stacey of Sturbridge; setting forth That he Legislative 
inlisted in the Crown point Expedition in 1755 and 1756. and was counc'u xxil!^ 
Thereby intitled to half pay during the intermediate Space, but the 322- Mass. 
same was not made up in the Muster Roll ; And praying Relief. illvl^lhi. 

Read and House Jour- 

Resolved That there be allowed and paid out of the public Treas- pro^ince^*''^'^^" 
ury to Moses Marcy Esq"" for the use of the Petitioner the sum of Laws, xv., 452, 
two pounds thirteen shillings & four pence, in full of the half pay '^^^^^' ^^^' 
he was entitled to on his reinlisting into the service on the last 
Crown point Expedition. \^Passed April 28. 



CHAPTER 447. 

RESOLVE ALLOWING £12. 8. 3 TO PHILLIP KATON. 

A Petition of Phillip Katon of Boston; setting forth That he Legislative 
was Seven Months and two days in the province Service in the councif xxu^ 
intended Expedition against Crown point in Capt. Ralph Waldo's 323. Mtis's." 
Company; but was omitted in the Muster Roll; And praying Relief. b^vO-^. 

Read and Mass. 

Resolved that there be allowed and paid out of the Public Treas- ^^^Ip^i^ 
ury the sum of twelve pounds eight shilP & 3 pence in full for his House Jour- 
Services in the Forces raised By this Gov* under the Command of 436.' ^provmtfe ' 
his Excelly the Earl of Loudoun the last Year: And that the Treas- I'^l'^^ha'''' 
urer be directed to enter the same in Cap* Waldo's Muster Roll. 353! *^ ^^' 
[Passed April 28. 



194 



Province Laws {Resolves^ etc.). — 1757-58. [Chaps. 448-450.] 



Legislative 
Records of the 
Council, xxii., 
326. Mass. 
Archives, exx., 
240. 

Mass. 

Archives, cxx., 
239. House 
Journal, p. 439. 



CHAPTEK 448. 

ORDER GRANTING TO MARG^ LOVE LICENCE TO SELL STRONG DRINK. 

A Petition of Margaret Love of Boston Widow, setting forth, 
That her Husband William Eichie Love, who died about a Week 
since had for several years past been licensed to Sell Strong Liquors 
by Retail And praying that the Court of General Sessions of the 
peace for the County of Suffolk may be impowered at their Ad- 
journment in May next, to grant her a License for the same purpose. 

Eead and 

Ordered^ That the prayer of this Petition be so far granted, as 
That the Court of General Sessions of the Peace for the County 
of Suffolk, be and they hereby are impowered at their present ses- 
sions (if They see fit) to grant the Petitioner a Licence to retail 
spirituous Liquors in the Town of Boston, she producing the Ap- 
probation of the Select Men of said Town for that purpose, the 
Time for granting Licences being elapsed notwithstanding. \^Passed 
April 28. 



CHAPTER 449. 



ORDER GRANTING TO CAPT. JOSHUA HUTCHINS LICENCE TO KEEP AN 

INN. 



Legislative 
Records of the 
Council, xxii., 
326. Mass. 
Archives, cxi., 
418. 

House Jour- 
nal, pp. 439, 440. 



A Petition of Amos Kimball and others Selectmen of Lunen- 
burg setting forth ; That Capt. James Reed who was lately Licensed 
to keep a Tavern at Lunenburgh is now going into his Majesty's 
Service; And praying that Capt. Joshua Hutchins may be Licensed 
for the same purpose. 

Read and 

Ordered^ That the Prayer of this Petition be so far granted, as 
that the Court of General Sessions of the Peace for the County of 
Worcester be and and ' they hereby are impowered at their next 
Term to grant to Captain Joshua Hutchins a Licence (if they see 
fit) to keep an house of public Entertainment in the Town of Lunen- 
burg, he producing the Approbation of y^ Select Men of said Town 
for that purpose, the Time for granting Licences being elapsed not- 
withstanding. \^Passed April 28. 



CHAPTER 450. 



Legislative 
Records of the 
Council, xxii., 
327. Mass. 
Archives, 
Ixxvii., 581. 

House Jour- 
nal, p. 440. 
Ante, p. 160, 
chap. 370. 



RESOLVE ALLOWING £5 PER MONTH ADDITIONAL TO EACH OF THE 
COLONELS APPOINTED FOR THE INTENDED EXPEDITION AGAINST 
CANADA. 

Resolved., That the Sum of five pounds per month be allowed to 
each of the Colonels employed in the intended Expedition against 
Canada, in Addition to the Wages already allowed them by Estab- 
lishment. \^Passed Ajjril 28. 

> Sic. 



[4th Sess.] Province Laws (liesolves, etc.). — 1757-58. 195 



CHAPTER 451. 

VOTE DIRECTING THE PROVINCE TREASURER TO PAY WAGES OF 
PETER HARVEY TO HIS MOTHER. 

Whereas in the Year 1T57, one Peter Harvey in the Town of ^^f^^l^g^^f^tf,^ 
Berkley inlisted into Cap* Ingersoll's Company for the Crown Point councii.xxn., 
Expedition, and went into s^ service and Died therein, and thro a f rchivesT' 
mistake in making up the Roll, he is born thereon, by the name ixxvii.,580. 

of William Harvey: Therefore naT^^ '«i'^442 

Voted, That the Treasurer be, and hereby is Directed to pay the °^'PP- ' 
Wages as made up in said Roll, to the mother of the said Peter 
namely Rebecca Harvey, the said Peter being a minor, notwith- 
standing the said Peter is made up by the name of William Harvey 
in said Roll as aforesaid. [Passed Ajiril 28. 



CHAPTER 452. 

ORDER IMPOWERING CALEB DANA, ADM«, TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Caleb Dana of Cambridge Administrator of the Legislative 
Estate of James Lockhart of the same Cambridge deceased, setting councff, xx\u^ 
forth That the said James's personal Estate falls far short of paying 3i7. 
his Just debts and is represented Insolvent, That the said James died House Jour- 
seized of some small parcels of Land in Pelham in the County of province ' 
Hampshire and elsewhere, And praying that he may be impowered ^jf^p^'jo ■' ^^^' 
to Sell the same, that he may be enabled to Satisfy the Just debts 
of the deceased so far as the produce of said Estate will extend. 

Read and 

Ordered That the prayer of this petition be so far granted as that 
the petitioner in his said Capacity be and he hereby is impowered 
to make Sale of the within named deceaseds Real Estate, to the best 
advantage that may be, and to make & execute a good and sufficient 
deed or deeds of Conveyance of the same; He giving previous Notice 
of such intended Sale in time and manner as the Law respecting 
the Sale of Real Estates by Executors and Administrators doth 
direct, and giving due Caution to the Judge of Probate for the 
County of Middlesex that the proceeds of such Sale be applied (so 
far as is necessary) for discharging the deceaseds Just debts; q^id 
that he shall Account for the remainder (if such there be) and for 
the whole of his proceedings in the premisses, when thereto law- 
fully required. [Passed April 29.^ 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is April 26. 



196 



Province Laws {Resolves^ etc.). — 1757-58. [Chaps. 453-455.] 



CHAPTEE 453. 



ORDER ACCEPTING REPORT OF COMMITTEE IN REGARD TO PROVIDING 
MEDICINE CHEST FOR EACH REGIMENT OF THE CANADA EXPEDI- 
TION. 



Legislative 
Records of the 
Council, xxii., 

328. Mass. 
Archives, 
Ixxvii., 586. 

Legislative 
Records of the 
Council, xxii., 
327,328. House 
Jotirnal, p. 445. 



The Committee appointed on his Excellency's Message of the 
28'*" Instant, made the following Eeport. Viz*^ 

That there be forthwith provided a suitable Chest of Medicines 
for each Regiment going in the Expedition against Canada not 
exceeding Sixty pounds lawful money value, and that each Sur- 
geon give directions what kind of Medicines shall be put up in his 
own Chest, which is submitted. 

J. Osborne ^ order. 

Eead and 

Ordered y' this Eeport be Accepted. \^Passed AjJril 29. 



CHAPTER 454. 



Legislative 
Records of the 
Council, xxii., 
329. Mass. 
Archives, 
Ixxvii., 585. 

House Jotir- 
nal,pp.440, 441. 
Province 
Laws, iii., 1025, 
chap. 28 ; iv., 
141, note. 



VOTE FOR APPLYING FINES COLLECTED FROM SOLDIERS OF THE CROWN 
POINT EXPEDITION TO ENCOURAGE THE ENLISTMENT OF MEN FOR 
CANADA EXPEDITION. 

Voted, That the several Sums of Money lodg'd in the hands of 
the Treasurers of the Towns and Districts within this province, aris- 
ing by Fines collected from Soldiers impressed in the year 1756 for 
the Crown-Point-Expedition, be Applied for Eaising and Encourag- 
ing of Men for the present Expedition against Canada: And the 
Treasurers of the several Towns and Districts are hereby Directed 
to pay the same to Soldiers belonging to the Company or Troop, 
from which such Money was collected, who are or shall be engaged 
in the Expedition against Canada, by Order of the Capta"^ or Chief 
Officer of such Company or Troop. [Passed April 29. 



CHAPTER 455. 



ORDER FOR REMOV JACQUES MORRIS AND FAMILY FROM LEICESTER 

TO BROOKFIELD. 



Legislative 
Records of the 
Council, xxii., 
329. Mass. 
Archives, 
xxiv.,32. 

House Jour- 
nal, pp. 300, 439. 
Province 
Laws, iv., 99, 
note. Ante, 
p. 142, chap. 
327. 



Ordered, That the Select Men of the Town of Leicester be and 
they hereby are allowed to remove from said Town to the Town 
of Brookfield Jacques Morris with eleven of his Family part of the 
French Neutrals (so called) that were placed there by order of the 
General Court in y® Year 1756. 

And That the Select Men of Brookfield be and they hereby are 
required to receive the said French People under their Care, and 
to provide for them in the same Manner as is directed with regard 
to the Inhabitants of Nova Scotia now within the Province. [Passed 
April 29. 



[4th Sess.] Province Laws {Resolves, etc.). — 1757-58. 197 



CHAPTER 456. 

RESOLVE ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF ESSEX AND 
ALLOWING 34/ 7 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the Excise on Tea, Coffee Legislative 
&c. in the County of Essex for the present Year made Report that councif xxn!^ 
they had farmed the same to M"" Jacob Ashton for Three hundred 329. 
Seventy eight pounds, and taken Bond with Sureties for the same. House Jour- 
And praying Allowance of the Charge attending the same amount- "rt^e^p^^io, 
ing to Thirty four shillings and seven pence. ^^'^p- ■■^^• 

Read and Accepted, and 

Resolved, That there be allowed and paid out of the publick Treas- 
ury to the said Committee, the sum of Thirty four. shillings and seven 
pence for their time and Expences in said Service. [^Passed April 29. 



CHAPTER 457. Rlfords'onhe 

Council, xxii., 
330. Mass. 
ORDER REFERRING THE AFFAIR OF ROBERT HEWES. Archives, cv., 

.■j-s. 



Ordered that the Consideration of the Paper' signed by Rob* Mass. 
Hewes be referred to the Next May Sessions. \^Pas8ed April 29. tru^^\T^\l\ii'. 

tive Records of 

the Council, 

xxii., 297, 320. 
House Jour- 

CHAPTER 458. ^it,I^i ''''''' 

VOTE ALLOWING 42/8 TO SAM^- HASKALL. 

A Petition of Samuel Haskall, setting forth that he inlisted as Legislative 
a Soldier in the Crown point Expedition in 1755, and received pay coundf .xxh*!^ 
as such until the 8*"^ day of September, at which time he received sso. Mass. 
a Commission to be Adjutant of Col° Ruggles's Regiment, and did ixxvu., 575. 



Duty as such till the 5*^ day of December for which he has received Mass. 
no Allowance ; And praying Relief. ^x'^^i^*'575 

Read & House Jour- 

Voted That y« prayer of this Pet° be so far granted as that y--^ nai,pp.425,444. 
be allowed to be paid out of y® public Treasury to s*^ Pef the sum 
of forty two shilP & S'' for one Month's Wages as an Adjutant on 
the first Crown point Expedition. \_Passed April 29. 



CHAPTER 459. 



VOTE DESIRING HIS EXCELLENCY TO ORDER THE COMMISSARY GEN- Legislative 

ERAL TO SELL PROVINCE STORES. Records of the 

Council, xxii., 
331. 

Voted That his Excellency be desired to give directions to the '^ 

Commissary General to dispose of the Province Stores mentioned Records of the 
in his Excellency's Message to both Houses of the 25 Instant, in 3u"°hous^"'' 
the best manner he can for the publick Advantage; he to be Ac- Journal, p. 442. 
countable for the proceeds thereof. \_Passed April 29. 

' For an explanation of the paper referred to, see Legislative Records of the Council, 
xxii., 297, and Mass. Archives, cv., 565-590. Post, p. 215, chap. 16. 



198 



Province Laws (Besolves, etc.). — 1757-58. [Chaps. 460-463.] 



CHAPTEK 460. 



Legislative 
Records of the 
Council, xxii., 
331. Mass. 
Archives, 
Ixxvii., 588. 

House Jour- 
nal, p. 446. 



VOTE DESIRING HIS EXCELLENCY TO APPOINT A COURRIER FOR THE 

ARMY. 

Voted, That His Excellency the Governor with the advice of the 
Council, be desired to appoint a Courier to pass between the Army 
that shall be employed in the Expedition against Canada and Boston, 
to be paid at the public Charge: The said Courier to be Obliged to 
provide Himself with Horses for that Service. [Passed April 29. 



Legislative 
Records of the 
Council, xxii., 
331. Mass. 
Archives, 
Ixxvii., 564. 

House Jour- 
nal, pp. 424, 438. 



Legislative 
Records of the 
Council, xxii., 
331. Mass. 
Archives, 
lxxvi.,406. 

House Jour- 
nal, pp. 35, 75, 
429,445. 



CHAPTER 461. 

RESOLVE ALLOWING £15,7.6 TO JOHN P. BULL. 

A Petition of John Partridge Bull of Deerfield, setting forth, 
That he served as Armourer in the Expedition against Crown point 
in the year. 1755. That the Establishment for the pay of an Armourer 
was, as he is informed Four pounds j? Month, but that he is made 
up in the Eoll only at Forty shillings ^ Month ; And praying Eelief . 

Read and 

Resolved, that there be allowed and paid out of the public Treas- 
ury to the Petitioner the sum of fifteen pounds seven Shillings and 
six pence, in full of the Ballance due to him for his Services as an 
Armourer in the Expedition against Crown point in the year 1755. 
[Passed April 29. 



CHAPTER 462. 

VOTE ALLOWING £5. 3. 4 TO DAVID BUSH. 

A Petition of David Bush of Pontoosuck; praying Allowance 
For billeting a number of Soldiers which came from Connecticut 
in the year. 1755. for the Defence of the province. 

Read and 

Voted, That the Prayer of this Petition be so far granted as that 
there be allowed to be paid out of the public Treasury to M'' Mat- 
thew Noble for the Pet" use the sum of five pounds three shilP and 
four pence in full Consideration for Billetting the Men Mentioned. 
[Passed April 29. 



CHAPTER 463. 



Legislative 
Records of the 
Council, xxii., 
332. 

Mass. 
Archives, 
Ixxvii., 178. 
House Jour- 
nal, p. 448. 



RESOLVE ALLOWING 37/4 TO JOS. NORCROSS AND 35/5 TO BENJAMIN 

FELTON. 

Resolved That there be allowed and paid out of the publick Treas- 
ury to Elisha Jones Esq' for the Use of Joseph Norcross thirty seven 
shillings and four pence; And to M'' Josiah Peirce for the use of 
Benjamin Felton Thirty five shillings and five pence in consideration 
of the Expences in their petitions mentioned. [Passed April 29. 



[4th Sess.] Province Laws {Besolves^ etc.). — 1757-58. 199 

CHAPTEK 464. 

RESOLVE ALLOWING £6. 16 TO BENJ^ NOURSE. 

A Petition of Benjamin Nourse of Shrewsbury, setting forth gefor^fjfjj, 
That he was a Soldier in CoP Frye's Eegiment in the year. 1757, Council, xxu., 
anti was sent Sick from Fort Edward to Albany where he was dis- Arch^Jesf' 
charged on the 5"^ of September, and on his return home was taken ixxvii.,669. 
with the Small pox at Keuderhook where he paid Twenty five Dol- House Jour- 
lars for Nursing besides the Charge of a Doctor and other Expences ; 449.'^^'" ' ' 
And praying an Allowance. 

Read and 

Resolved that there be allowed & paid out of the public Treasury 
to M'' Paine for the Pet" use the sum of Six pounds sixteen shillings 
in Consideration of his sufferings Mentioned. {^Passed April 29. 



CHAPTER 4:65. 

ORDER ALLOWING £5. 10. 4 TO AMOS ALLEN. 



A Petition of Amos Allen ; praying an Allowance for his Charge Legislative 
and Expence in bringing home Amos Allen' a Sick Soldier, and bil- councn^, xx*h.t 
leting and nursing of him afterwards. ^ 

Read and naT^** "4X449 

Ordered That There be allowed to be paid out of the publick ^ '^^' ' 
Treasury to Major Williams for the petitioners Use the sum of Five 
pounds ten shillings and four pence in consideration of the Services 
& Expences mentioned. [Passed April 29. 



CHAPTER 466. 

ORDER ACCEPTING REPORT OF COMMITTEE ON TRANSPORTATION OF Legislative 

TROOPS, ETC. ^^nclrxlll!? 

334. Mass. 

The Committee appointed on his Excellency's Message of the i^^xv/i!f|84. 
22"^ and 28"" Instant, made the following Report, Viz*^ maMsT 

That suitable Vessels be provided to transport the Troops going Archives, 
in the Expedition against Canada from the Counties of York Barn- Legislative 
stable and Dukes County; And that suitable Carriages be provided coundf, xxil!? 
to carry the Baggage of those Troops going by Land. 304, 325. 'House 

By Order of the Committee. J. Osborne. pp?4i'l, 447. 

Read and ra^t°"..i4i. 

Ordered, That this report be Accepted. [Passed April 29. note. 

' The House Journal, p. 411, reads, "his Servant Joseph King." 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1758-59. 



[201] 



LEGISLATIVE LIST 



FOR 



1758-59- 



His Excellency THOMAS POWNALL, 

Captaik-General and Governor-in-chief, etc. 

ANDREW OLIVER, Esq., 

SECRETARY OF the PROVINCE. 



COUNCILLOES OR ASSISTANTS. 

Of the hihdbitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusetts Bay ; 

John Osborne 
Jacob Wendell 
Benjamin Lynde 



Samuel Danforth 
Samuel Waldo 
Samuel Watts 
John Chandler 

EZEKIEL ChEEVER 

Andrew Oliver 



Joseph Pynchon 
Thomas Hutchinson" 
Stephen Sewall 
Isaac Eoyall 
• EsQRS. John Erving 

Benjamin Pickman 
Robert Hooper 
James Bowdoin^ 
Thomas Hancock 



>ESQRS. 



Of the Inhabitants of or Proprietors of Lands toithin the Territory formerly 
called the Colony of New Plymouth ; 

John Gushing ) George Leonard 

SiLVAsrus Bourn | ^^^^' Gamaliel Bradford 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Province of Maine ; 

Sir William Pepperrell, Baronet, John Hill »& Richard Cutt, Esqrs. 

Of the Inhabitants of or Proprietors of La?ids within the Territory lying 
between the River of Sagadahock <& Nova Scotia ; 

William Brattle, Esq, 

1 See Legislative Records of the Council, xxii., 337-341. 

[203] 



204: Froyi^ce JjAws (Resolves, etc.). — 1758-59. [Representatives.] 

For the Province at large : — 
James Minot & Benjamin Lincoln, Esqrs. 



REPEESENTATIVES OE DEPUTIES. 

May 31, 1758 to Ax)ril 24, 1759. 

Mr. THOMAS HUBBARD, Speaker. 



County of Suffolk. 

Boston, . . . Thomas Hubbard, Esq., 
Mr. John Tyng, 
Thomas Flucker, Esq., 
Benjamin Pratt, Esq. 

Roxhury, . . Mr. Samuel Heath. 

Dorchester, . . Nathaniel Hatch, Esq. 

Milton, . . . Mr. Jazaniah Tucker. 

Braintree, . . Samuel Niles, Esq. 

Weymouth, . . Mr. James Humphrey. 

Eingham, . . Mr. Joshua Hearsej. 

Dedham, . . Mr. Joseph Ellis. 

Medfield, . . Capt. Peter Coolidge. 

Stoughton, . . Mr. Richard Bailey. 

Wreyitham, . . Capt. Timothy Metcalfe. 

Medway, . . Capt. Jonathan Adams. 

Chelsea, . . Thomas Goldthwait, Esq. 

County of Essex. 

Salem, . . . Jolm Turner, Esq. 

Ipswich, . . Mr. Daniel Giddinge. 

Newbury, . . Joseph Gerrish, Esq. 

Lynn, . . . Capt. Benjamin Newhall. 

Marblehead, . Jacob Fowle, Esq. 

Andover, . . John Osgood, Esq. 

Beverly, . . Mr. Henry Herrick. 

Bowley, . . . Mr. Humphrey Hobson. 

Salisbury, . . Caleb Cushing, Esq. 

Haverhill, . . Mr. David Marsh. 

Olocester, . . William Stevens, Esq. 

Almsbury, . . Jonathan Bagley, Esq. 

Bradford, . . Capt. Benjamin Milliken. 

Boxford, . . Mr. Thomas Pearley. 

Topsfield, . . Mr. John Gould. 

Banvers, . . Mr. Cornelius Tarbell. 

County of Middlesex. 

Cambridge, . Andrew Boardman, Esq. 

Charlestown, . James Russell, Esq. 

Woburn, . . Josiah Johnson, Esq. 

Concord, . . Charles Prescott, Esq. 



County of Middlesex — Concluded. 



Newton, 
Sudbury, . 
Marlborough, 
Oroton, Shirley 
& Pejjperrell, 
Billerica, . 
Framingham, 
Lexington, 
Weston, 
Chelmsford, 
Maiden, 
Medford, . 
Sherburne, 
Reading, . 
Watertown, 
Westford, . 
Waltham, . 



. Capt. John Clarke. 
. John Noyes, Esq. 
. Mr. Samuel Witt. 

> William Lawrence, Esq. 

. Capt. Enoch Kidder. 
. Joseph Buckminster, Esq. 
. Benjamin Reed, Esq. 
. Elisha Jones, Esq. 
. Oliver Fletcher, Esq. 
. Mr. Thomas Pratt. 
. Stephen Hall, Esq. 
. Capt. Joseph Perry. 
. Mr. John Temple. 
. Mr. Daniel Whitney. > 
. Capt. Jonas Prescott. 
. Samuel Livermore,' Esq. 



County 

Springfield, . 
Northampton & 
S° hamjiton, 
Eadley, and 
S° Hadley, 
Hatfield, . 
Westfield, . 
Deerfield & 
Greenfield 
Sunderland, 
Montague & 
New Salem, 
Sheffield, . 
Stockbridge, . 



OF Hampshire. 
Capt. Luke Bliss. 

Timothy Dwight, Esq. 

Mr. Eleazer Porter. 

Israel Williams, Esq. 
Mr. Matthew Noble. 

Elijah Williams, Esq. 



Mr. Fellows Billing. 



Capt. Ithamar Hubbell. 
Timothy Woodbridge, 
Esq. 



County of Worcester. 
Lancaster, . . . W^illiam Richardson, 

Esq. 

Leicester & 
Spencer 



Mr. Benjamin Tucker. 



1 Watertown, Mr. Daniel Whitney, House Journal, p. 35. 



[Representatives.] Province Laws {Resolves, etc.). — 1758-59. 



205 



County of 

Mendon, 
Brookfield, 
Sulton. 

Lunenburg, . 
Rutland, and 
lintland Dis- 
trict 
Shrewsbury, 
Uxbridge, . 
Hardwick, . 
Sturbridge, 



WoKCESTEU — Concluded. 
. Mr. John French. 
. Capt. Jabez Upham. 
. Capt. Henry King. 
. Edward Ilartwell, Esq. 



John Murray, Esq. 

Mr. Isaac Temple. 
Mr. Nicholas Baylies. 
Timothy Ruggles, Esq. 
Mr. Henry Fiske. 



County of Plymouth. 
Plymouth, . . . George Watson, Esq. 



Scituate, 

Marshjield, 

Duxbury, . 

Bridgwater, 

Middleborough 

Rochester, 

Plimj)ton, 

Pembroke, 

Kingston, 

Abington, 



Thomas Clap, Esq. 
Capt. John Thomas. 
Mr. Samuel Seabury. 
Daniel Howard, Esq. 
Capt. Ebenezer Sj)rout. 
Mr. Samuel Wing. 
Mr. John Bradford. 
Mr. Josiah Keene. 
Mr. Jolm Brewster. 
Mr. Jacob Porter. 



County of Barnstable. 

Barnstable, . . Mr. Edward Bacon. 
Sandwich, . . . Roland Cotton, Esq. 
Easthain, . . . Mr. Silvanus Snow. 



County of Barnstable — Concluded. 
Yarmouth, . . Capt. John Beare. 
Harwich, . . Nathaniel Stone, Esq. 



County of Bristol. 



Taunton, 

Rehoboth, 

Swanzey, 

Dartmouth, 

Norton, . 

Attleborough, 

Dighton, 



Samuel White, Esq. 
Capt. Timothy Walker 
Mr. John Anthony. 
Mr. Benjamin Akin. 
Capt. Thomas Morey. 
, Mr. Josiah Maxey. 
Mr. Ebenezer Stetson. 



County of York. 
York, .... Jolm Bradbury, Esq. 

Kittery, . . . Mr. Daniel Emery. 
Wells, . . . Joseph Sayer, Esq. 
Berwick, . . . Mr. Benjamin Chad- 
bourn. 
Falmouth, . . Samuel Waldo, Jr., Esq. 
Biddeford,^ . . Mr. Samuel Jordan. 
North Yarmouth,^ Jeremiah Powell, Esq. 

Dukes County. 

Edgartown, . . John Norton, Esq. 



Chibnark, 



Mr. Matthew Mayhew. 



In the County of Nantucket. 
Sherburne, . . Abishai Folger, Esq. 



* Biddeford, Mr. Samuel Jordan, House Journal, p. 109. 

* North Yarmouth, Jeremiah Powell, Esq., House Journal, pp. 50, 51. 



RESOLVES. ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Thirty-first Day of May, A.D. 1758. 



CHAPTER 1. 

ORDER IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
WORCESTER TO EXTEND THE TIME FOR FILING CLAIMS AGAINST 
AN INSOLVENT ESTATE. 

A Petition of Samuel Harper Administrator of the Estate of R^^*^|?"\^th 
Andrew Harper late of Harvard deceased, praying that the Judge council, xxu., 

of Probate for the County of Worcester may be impowered to lengthen ^ 

out the time for the Creditors of the Estate of said Andrew to bring ^ai^vf -n ^' 
in their Claims; whereby he may be enabled to receive his Just pro- Ante, y. 15, 
portion with the other Creditors of sundry Sums he paid in discharge ^ ^^' 
of Debts due from said Andrew, before he apprehended the Estate 
to be insolvent. 

Eead and 

Ordered That the prayer of this petition be granted, and that 
the Judge of Probate for the County of Worcester be and he hereby 
is impowered to lengthen out the time for the Creditors to the Estate 
of Andrew Harper deceased to bring in their Claims for the term of 
Six Months. [Passed June 2. 



CHAPTER 2. 

ORDER GRANTING TO JOHN BARTLET LICENCE TO KEEP AN INN. 

A Petition of John Bartlet of Plymouth ; setting forth that by Legislative 
reason of the Adjournment of the Court of Sessions for the County councir xxil^ 
of Plymouth to September next, he is deprived of the benefit of the 346. jsiass. ' 
Order passed on his petition presented to the General Court in April 420. 
last, and praying that he may be allowed to keep a Tavern in the Mass! 
House lately purchased by him in said Town until the next Sitting fiy^^'Hous'e^^'' 
of the Court of General Sessions of the peace for said County agree- Joumni.pp.ii, 
able to the desire of the Selectmen of said Town signified in their p^'isf.chap. 
Approbation annexed. 432; p. 193, 

^■n 1 1 chap. 444. 

Kead and 

Ordered, That the Prayer of this Petition be so far granted, as 
that the Petitioner be and he hereby is allowed and Impowered to 
exercise his Licence as an Innholder in the purchased Hoiise within 
mentioned untill the Time for granting Licences by Law in the 
County of Plymouth in Sep"" next, He recognizing before the Clerk 

[207] 



208 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 3, 4.] 



of the Court of General Sessions of the peace for said County to 
pay the excise by Law required And also for keeping good Rule and 
Order in said House. \^Passed June 2. 



CHAPTEE 3. 



Legislative 
Records of the 
Council, xxii., 
346. 

House Jour- 
nal, 5. 21. 
Province 
Laws, v., 854, 
note. Ante, 
p. 93, chap. 
209. 



ORDER SETTING OFF JON^ STONE & OTHERS WITH THEIR ESTATES 
FROM LEICESTER TO WORCESTER. 

The CoxMMITTEE appointed on the petition of Jonathan Stone 
and others [«w^e, p. 93, chap. 209] Reported That having after due 
Notice given to all concerned, repaired to the place where the peti- 
tioners dwell, and being attended by the Committee of the Town 
of Leicester, and the petitioners, and having taken a full and Care- 
ful Survey of the Situation and Circumstances of the petitioners and 
fully heard the parties; find their petition just and reasonable, and 
are therefore of Opinion that the petitioners James Hart, Thomas 
Beard and James Wallis with their Lands and the Lands of the Peti- 
tioner Stone lying in Leicester be laid to the Town of Worcester there 
to do duty and enjoy priviledges for the future, as other the Inhabi- 
tants there do, provided that they pay their proportion of all past 
Taxes already granted or assessed by the Town of Leicester. 

Signed James Minot fj Order. 

Read and 

Ordered That this Report be Accepted and that the said James 
Hart, Thomas Beard and James Wallis with their Estates and Lands 
lying in Leicester and the Lands of the said Jonathan Stone also 
lying in Leicester for the future be laid to and Accounted part of 
the Town of Worcester there to do duty and enjoy priviledge as 
other the Inhabitants of Worcester do, the petitioners to be always 
Subject to the payment of such Taxes as are already granted or 
assessed, and that for the future their proportion of the province 
and County Taxes be taken oil from the Town of Leicester, and 
added to the Town of Worcester. \^Passed June 2. 



CHAPTER 4. 



Legislative 
Records of the 
Council, xxii., 
344. Mass. 
Archives, 
xxiv., .W. 

Mass. 
Archives, 
xxiv., 49. 
House Jour- 
nal, p. 17. 
Province 
Laws, iv., 99, 
note. 



ORDER ALLOWING THE SON OF JAQ. LEBLANC TO RESIDE IN THE 

PROVINCE. 

A Petition of Jaques Leblanc late Inhabitant of Nova Scotia 
now residing at Braintree praying that his Son who was Sent to 
Maryland may be allowed to come into this province and live with 
him, he procuring good Security to indemnify the province from 
any Charge that may accrue thereby. 

Read and 

Ordered that upon Cap. Benjamin Beales giving Security to the 
Treasurer that the Petitioners Son shall be supported in case of his 
Arrival here without any Charge to the Province the prayer of this 
Petition be so far granted as that the Secretary be allowed to give 
a Certificate to the Petitioner signifying that his Son may be allowed 
to come into the Province. [Passed June ^.' 

1 There is some confusion of dates here, both Mass. Archives and the House Journal 
giving the first action as occurring in Council on June 3^, and final action in the House 
on the 2'3. 



[1st Sess.] Province Laws (i?e5oZves, ete.). — 1758-59. 209 



CHAPTEE 5. 

ORDER IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
YORK TO EXTEND THE TIME FOR FILING CLAIMS AGAINST AN 
ESTATE. 

A Petition of Isaac Isley of Falmouth in the County of York ^ford^of the 
praying that the Judge of Probate for said County may be impow- Council, xxn., 

ered to lengthen out the time for the Commissioners receiving the — — 

Claims of the Creditors to the Estate of the honourable Jabez Fox na'i^p^ S"''" 
Esq' deceased, that so he may have Opportunity to Ascertain the 
demand he has against the said Estate, which he has not been able 
to do within the time limited by said Judge. 

Read and 

Ordered That the Prayer of the petition be granted and that the 
Judge of Probate of Wills &c. for the County of York be and he 
hereby is Authorized and impowered to lengthen out the time for the 
Creditors to the Estate of the Honourable Jabez Fox Esq"" deceased 
to bring in their Claims for the term of three Months. [Passed 
June 3. 



CHAPTER 6. 

ORDER IMPOWERING BENJ'*^ WISER, INDIAN, ADM^, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Beniamin Wiser of Worcester in the County of i'^s'^'?*'^^^,^- 
Worcester Indian planter and Administrator of the Estate of Samuel Council, xxu., 

Tobumso in behalf of himself and Sarah Printer, Leah Chalcom ^^ . 

Judah Ephraim, Elizabeth Cumacher and Mary Ephraim all of Archives, 
Natick Indians, Heirs of the said deceased praying liberty to Sell xxxiu., 55-58. 
the Real Estate of the said Samuel, the Money arising thereby (after nai, pp. le, 17. 
paying the debts of the deceased and Charges) to be put into the ^a^Js^n!^ 151, 
hands of the Guardians of the Natick and Hassanamisco Indians chap.'io;'xiii., 
for the benefit of The other Heirs his own Share to be applied in xv.'.nofchap.' 
the first place for paying his just Debts, and the Overplus for pur- ^^^" 
chasing some Lands for his better Accommodation. 

Read and 

Ordered That the Prayer of the petition be granted, and that 
the petitioner Benjamin Wiser in his Capacity as Administrator 
be and he is hereby impowered to make Sale of the Real Estate 
of the deceased as mentioned in this petition, and to execute a 
good deed or deeds for Conveying the same, first making due pub- 
lication of the Times and places of Sale by inserting the same in 
One of the Boston News Letters, and in the places where the Lands 
lye in Two of the Adjoining Towns and Shire Town of the respec- 
tive Counties in which the Lands are. That Joseph Buckminster 
Esq' one of the Guardians of the Natick Indians Assist in and See 
that Justice be done in the Sale of the Lands lying in the County 
of Middlesex, and that Edward Baker Esq' one of the Trustees of 
the Grafton Indians assist in and See that Justice be done in the 
Sale of the Lands in tlie County of Worcester, and that upon the 
said administrators adjusting his Account with the Judge of Pro- 
bates for the County of Worcester the Money remaining by said 
Sale be divided according to Law among the proper Heirs; That 



210 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 7,8.] 



such part as belongs to the Natick Indians be put into the hands 
of the Guardians of those Indians, and be by them put out to In- 
terest on good Security, and the Interest applied for their Comfort 
and Support, said Guardians to be accountable from time to time 
to this Court; and that such part thereof as belongs to the peti- 
tioner Wiser be applied for the payment of his just Debts, under 
the inspection of the Trustees of the Grafton Indians, and the 
Overplus, if any there be, be applied for purchasing Land for him 
and that such part as may belong to the said Sarah Wiser be by said 
Trustees put to Interest on good Security and applied for her Com- 
fort, and that the said Trustees be Accountable to this Court from 
time to time for their proceedings. \^Passed June 5.^ 



CHAPTER 7. 



Legislative 
Records of the 
Council, xxU., 
349. Mass. 
Archives, cxx., 
241. 

House Jour- 
nal, pp. 10, 22. 
Ante, p. 121, 
chap. 266. 



RESOLVE ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF WORCES- 
TER AND ALLOWING 23/ 4 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the Excise on Tea Coffee 
and China Ware in the County of Worcester, Eeported That they 
had Sold the same to Paul Crocker for Eleven pounds ten shillings. 

Signed John Chandler f? Order. 

Read and Accepted, and 

Resolved^ That there be allowed and paid out of the public Treas- 
ury to the said Committee the sum of twenty three shillings & four 
pence for their Time and Expences Mentioned. \^Passed June 5. 



CHAPTER 8. 



Legislative 
Records of the 
Council, xxil., 
349. 

House Jour- 
nal, p. 25. 
Ante,, p. 122, 
chap. 268. 



RESOLVE ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF BARN- 
STABLE, AND ALLOWING 31/ 8 FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the Excise on Tea, Coffee 
and China Ware in the County of Barnstable, Eeported That they 
had Sold the same to Isaac Hinckley Esq'' for Eighteen pounds thir- 
teen shillings and four pence and presented an Account of their 
Expences. 

Signed Silvanus Bourn ^ order. 

Read and Accepted and 

Resolved That there be allowed and paid out of the publick 
Treasury the sum of Thirty one shillings and eight pence to the 
said Committee in consideration of their time and Expences men- 
tioned. \Passed June 5. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council and the House Journal the date is June 2. 



[1st Sess.] Province Laws [liesolves, etc.). — 1758-59. 211 



CHAPTER 9, 

VOTE FOR ESTABLISHMENT OF GARRISONS AND PAY AND SUBSISTENCE 
OF SOLDIERS EMPLOYED IN DEFENCE AND PROTECTION OF EASTERN 
AND WESTERN FRONTIERS. 

Voted that there be Pay and subsistence granted for one Captain, Legislative 
one Lieutenant, three Sergeants, three Corporals, one Armourer, councif xxiL^ 
one Drummer, a Chaphiin and thirty eight Privates at Fort Halifax, ^^^o Mass. 

At the Storehouse at Cushnoc, for one Lieutenant, one Corporal ixxvii.,6i4. 

& fifteen privates. House Jour- 

At the Truckhouse at Saco for one Lieutenant one Corporal, & 23^:^^'^^''^^' 
ten privates. 

At Georges Fort, for one Captain, one Lieutenant, one Sergeant, 
two Corporals, one Drummer, one Armourer, and twenty eight 
Privates. 

At Fort Frederick, at Pemaquid, for one Lieutenant, one Cor- 
poral, and twelve Privates. 

At Brunswick Fort for one Sergeant & five Privates, and that 
his Excellency the Captain General be desired to give Order that 
the said Men do Duty at the said Garrison, or be employed in Scout- 
ing as the Service may require. 

That there be pay and Subsistence granted for Eleven Privates 
at Lebanon, Eighteen at Phillips Town, Fourteen at Narragansett 
N° one, and fifteen at Pierson & Hobbs Town. and for one 

captain, one Lieutenant, two Sergeants & two corporals to Com- 
mand said men, and that the Captain General be desired to give 
order that said Men be employed in Scouting on the Frontiers of 
said places or posted in them as the Service may Require. 

That there be Pay & Subsistence granted for Ten Privates at New 
Marblehead, fourteen at New Glocester, twenty at Frankfort, Nine- 
teen at Medammock Falls; and for one Captain, one Lieutenant, 
two Sergeants two corporals to Command said men, and that the 
Captain General be desired to give order that said Men be Employed 
in Scouting on the Frontiers of said Places or posted, in them as 
the Service may Require, and that there be Pay and Subsistence 
Granted for One Sergeant, and five Privates at Burtons Garrison on 
Georges River, and for one Sergeant and five Privates at Hender- 
sons Garrisons at the Entrance of Georges River For one Sergeant 
and nine Privates at madamcook For one Sergeant & seventeen 
Privates at Broad Bay and that the Captain General be desired to 
give order that said Men be Employed, for the Protection of the 
People at their Labour, and the Coasters when Loading their Lumber. 

That there be Pay and subsistence granted for, one Lieutenant, 
one Sergeant, one Corporal, a Drummer & sixteen Privates at Fort 
Massachusetts, and for one Lieutenant, One sergeant, one Corporal 
& sixteen Privates at the Block house at West Hoosuck, and that 
the Captain General be desired to order said men to do Duty in said 
Garrison or in Scouting as the Service shall Require, and That Pay 
and Subsistence be Granted for Seven Privates at Sheldons Garrison, 
for Seven Privates at Burks Garrison, for thirty five privates at four 
Garrisons at Colerain, for Eleven Privates at Taylors, for Eleven 
Privates at Hawkes, and for five Privates at Rice's Garrisons, and 
for Ten Privates at Northfield, Sixteen at Greenfield, five at Wil- 
liams's, Seven at the New Garrisons Built by Jones & others, and 
five at Goodriches Garrisons at Pontoosuck, Twelve at Stockbridge, 



212 



Province Laws {Resolves, etc.), — 1758-59. [Chap. 10.] 



nine at Huntstown, and for one Captain, one Lieutenant and four- 
teen Sergeants to Command said Men, and that the Captain General 
be desired to Order that said Men be Employed in Scouting on the 
Frontiers of said Places or Posted in them as the Service may Ee- 
quire, and that the Establishment continue until the first day of 
August next & no longer, and that the Captain General be desired 
to order that all the aforesaid men be raised by Enlistment, their 
Pay & Subsistence to Commence from the day of their Enlist- 
ment, also 

Voted 

That the "Wages of officers and Soldiers in the marching Forces 
for the Term aforesaid be as follows viz*^ 



For a Captain. Four pounds sixteen shilles 
For a Lieutenant Three pounds four shills' 
For a Sergeant One pound fourteen shills^ 
For a Corporal one pound nine shills' & \Q^ 
For a private Soldier one pound 6/ 8 



■P month 
Ditto 
Ditto 
Ditto 
Ditto 



And for the Garrison Officers & Soldiers as follows Viz* 

For a Captain Four pounds per Month 

For a Lieutenant Three pounds Ditto 

For a Chaplain Five pounds Ditto 

For an armourer Two pounds Ditto 

For a Sergeant one pound ten shillg^ Ditto 

For a Corporal One pound Eight shills' Ditto 

For a Drummer one pound eight shills' Ditto 

For a Private Soldier one pound four shill?' Ditto 

And that there be allowed for subsistence of Soldiers on the West- 
ern Frontiers as follows Viz* at Pontoosuck Four shille^ & eight 
pence ^ week at Fort Massachusetts, West Hoosuck, Charlemont, 
Colerain Fall Town & Hunts Town five shille^ & four pence per 
week and at all other Places four shillings per week. [^Passed 
June 5. 



Legislative 
Records of the 
Council, xxii., 
352. 

House .Jour- 
nal, pp. 19, 20, 
27. Province 
Laws, Iv., 29, 
chap. 12. 



CHAPTEK 10. 

ORDER EXTENDING THE TIME FOR EDMUND QUINCY, JR., TO SUR- 
RENDER TO THE COMMISSIONERS OF BANKRUPTCY. 

A Petition of Edmund Quincy jun'' of Portsmouth in the province 
of New Hampshire, setting forth. That a Commission of Bankrupcy 
was issued in December last against him and others in partnership 
with him, and he was required to Surrender himself to the Said 
Commissioners on or before the 31 day of January, which time was 
afterwards lengthen'd out to the 20"" day of March ; but he being 
at a distance from Boston and in a bad state of health was unable 
to Travel until the time was elapsed ; that when he came to Boston 
he was informed that the Commissioners had no discretionary power 
to allow of his Surrender, by means whereof he is deprived of the 
benefit of the Act providing Remedy for Bankrupts and their Cred- 
itors, without the Interposition of this Court; And praying that said 
Commissioners may be impowered to admit him to the benefit of said 
Act. 

Read and 

Ordered That the prayer of this petition be so far granted, as 
that the Commissioners be and hereby are Authorized and impow- 



[1st Sess.] Province Laws {Resolves, etc.). — 1758-59. 213 

ered to receive the Surrender of the petitioner, and to proceed to 
Act in all respects touching his person and Estate as if lie had Sur- 
rendered in time, and be alike intitled to the benefit of the Act 
aforesaid, the time of his Surrender being elapsed notwithstanding. 
\^Fassed Jiuie 6. 



CHAPTEK 11. 

RESOLVE ALLOWING 18/8 TO SETH BURK. 

A Petition of Seth Burk of Northampton; setting forth that w^^'^d^^'^nh 
he was a private Soldier in 1756. at Lake George That after the Council, xxu., 
Army was dismissed, he was detached (with divers others) to tend ArcMv^esT 
the Sick, that he continued in this Service twenty four days, for ixxvii., 553. 
which time he is not made up in the Muster Roll, and that he Sub- Mass. 
sisted himself on his Return home; And praying Relief. \I^\l\^%-2. 

"Rpnrl nnr] House Jour- 

xteau a,nu nal,pp.l8,28. 

Resolved, That there be allowed & paid out of the public Treasury 
to Tim° Dwight Esq' for the Petitioner's use, the sum of Eighteen 
Shillings & eight pence in Consideration of his Services mentioned. 
{^Passed June 6. 



CHAPTER 12. 

ORDER IMPOWERING MARY WARREN, ADM^, TO EXECUTE A DEED. 

A Petition of Jonathan Davis ' of Roxbury Administrator of the Legislative 
Estate of John Cheney deceased, and of Mary Warren of said Rox- councff, xxn.^ 

bury Administratrix of the Estate of Joseph Warren deceased, set- '^^ 

ting forth That the said John Cheney agreed with Thomas Cheney House Jour- 
of Dudley Esq'' for the purchase of certain Lands in Roxbury, but '" ' 

being unable to pay the purchase Consideration, the said Joseph 
Warren paid the same and took the deeds of said Land in his own 
Name, as by the said deed bearing date 18 April, 1752. may appear, 
at the same time covenanting with the said John Cheney to Con- 
vey said Lands to him, he paying the principal Sum with Interest 
within one year after That said John entred upon the premisses and 
improved the same until the Year. 1755. when he was about to pay 
the Money, but said Warren died suddenly, and the Year after said 
Cheney died. That the petitioners are both desirous of compleating 
the Bargain ; And praying that She the said Mary may be impowered 
to convey the premisses accordingly. 

Read and 

Ordered That the prayer of this Petition be so far granted, as 
that the said Mary in her said Capacity be and She hereby is Author- 
ized and impowered to make and execute a good and sufficient deed 
of the Lands mentioned To the said Jonathan Davis his Heirs and 
Assigns, He paying the principal Sum and Interest to the said Mary, 
which was Originally given by the said Joseph Warren for the same, 
the said Mary giving sufficient caution to the Judge of Probate for 
the County of Suffolk that She will Account for said Money agree- 
able to Law. [Passed June 6. 

* The House Journal, p. 29, reads, "Joseph Davis." 



2M 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 13-15.] 



CHAPTER 13. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ABIEL SMITH & OTHERS TO BRING FORWARD A WRIT OF REVIEW. 



Legislative 
Records of the 
Council, xxii., 
354. 

House Jour- 
nal, pp. 11, 20. 



A Petition of Abiel Smith, Stephen Smith and Abraham Kil- 
born all of Litchfield in the Colony of Connecticut, setting forth 
That they Commenced their Action at the Inferionr Court at Spring- 
field against one John Fuller of Sheffield for the recovery of Thirty 
three pounds lawful money, but they not producing their Evidence 
upon trial the Cause was given against them, whereupon they ap- 
pealed to the Superiour Court to be then holden at Springfield within 
and for the County of Hampshire, on the fourth Tuesday of Septem- 
ber, 1757. when and where the petitioners affidavits not being taken 
according to the Laws of this Province, were not by said Court 
admitted, and so Judgment was then also given against them, and 
praying that they may be impowered to review said Action. 

Eead and 

Ordered That the petitioners serve the Attorney to the Original 
Defendant in the Act mentioned with an Attested Copy of this 
Petition, that he shew cause if any he have on the second Wednes- 
day of the next Sitting of this Court why the prayer thereof should 
not be granted, and that Execution on the judgment mentioned 
be stayed in the mean time, they giving sufficient Caution to the 
Sheriff of the County of Hampshire to respond the Judgment that 
may be finally recovered against them. \^Fassed June 6. 



CHAPTER 14. 



Legislative 
Records of the 
Council, xxii., 
354. Mass. 
Archives, 
Ixxvii., 509. 

House Jour- 
nal, pp. 25, 30. 



RESOLVE ALLOWING 32/ TO JOHN PATTEN. 

A Petition of John Patten of Stoughton, setting forth That 
his Son William Patten was a Soldier in the Crown point Expedi- 
tion in 1756. and died in the Service, That he carried his own Gun 
which after his Death was lost; And praying an Allowance. 

Read and 

Resolved^ That there be allowed & paid out of the public Treas- 
ury to M"" Thomas Morey for the Petitioners use the sum of thirty 
two Shillings in full Consideration for the loss of the Gun Men- 
tioned. \^Passed June 6. 



CHAPTER 15. 



Legislative 
Records of the 
Council, xxii., 
319, 358. 

House Jour- 
nal, pp. 393, 427 
(April, 1758); 
pp. 30, 33. 



ORDER IMPOWERING JOSEPH WHITNEY, ADM'', TO EXECUTE A DEED. 

A Petition of Joseph Whitney Administrator of Estate of James 
Whitney late of Dunstable in the County of Middlesex deceased, 
setting forth, That the said James with one Ephraim Adams became 
engaged to pay a Sum of Money for one Stephen Adams, and for 
their Security took an Absolute deed of Conveyance from the said 
Stephen of one Moiety each of certain Lands with the Buildings 



[1st Sess.] Province Laws {Resolves^ etc.). — 1758-59. 215 

thereon; That as the said Lauds t&c. are worth more than the Sum 
engaged for; praying that he may be impowered upon his receiving 
the full of what his deceased Brother paid or engaged to pay for the 
said Stephen, to reconvey the one Moiety of the premisses to the 
said Stephen, or that such order may be taken respecting the same 
as to Justice shall appertain. 

Read and 

Ordered That the prayer of this petition be so far granted, as that 
on the petitioners receiving the Money paid by his Intestate, or that 
he is obliged to pay as set forth in the petition, he the said Joseph 
in his said Capacity be and he is hereby impowered to pass and exe- 
cute a good and sufficient deed of Conveyance of one half of the 
Real Estate in the petition mentioned to Stephen Adams (of whom 
the Intestate bought it) his Heirs and Assigns, the said Joseph 
Accounting in his Capacity aforesaid for the Money he shall receive 
as aforesaid to the Judge of Probate for the County of Middlesex. 
{^Passed June 8. 

CHAPTER 16. 

ORDER REFERRING THE HEARING ON THE AFFAIR OF ROBERT HEWES, 
AND VOTE THAT THE SECRETARY WRITE FOR DEPOSITIONS OF 
WITNESSES. 

Ordered, That the Hearing voted to be had before the Two Houses Legislative 
this day on the Affair mentioned in the Papers Signed by Robert councff, xxii!f 
Hewes be referred to the second Wednesday of the next Sitting of f^^,,f^gg^^v 
this Court; And That the Parties concerned forthwith give in the ssi. 
names of Such persons as they think can give light in the affair to House Jour- 
the Secretary, who is hereby directed to summon them to attend at ll]'^^^^l'^'^'^' 
That time accordingly : ^ i^ssr, ff-^^^ 

And whereas it is suggested That [Pierre] ' Simon and Boutin Akte','t,.'m, 
now resident at Newport can give Evidence in the Case. Also chap. 457. 

Voted That the Secretary write to said Simons & Boutin that they 
attend the Hearing if they can at the time aforesaid. And That John 
Wheelwright Esq' and M' Nath' Wheelwright, or M"" Robert Hews 
may either of them cause the Depositions of said Simons or Boutin 
to be taken in writing before one or more of the principal Magis- 
trates or Assistants of that Government, either of the said Parties 
so causing the same to be taken, giving notice to the other of the 
time of the Caption at least ten days before the Same be taken; 
which depositions may be received in case the said witnesses should 
be prevented attending in person. \_Passed June 9. 



CHAPTER 17. 

VOTE IMPOWERING THE PROVINCE TREASURER TO PAY AMOUNTS DUE 

JER. WHITE & RICH» TYNAN. 

Whereas it appears that by reason of an Omission in making Legislative 

up the Roll of Capt. Enoch Bailey's Company, one Jeremy White coSxxiL? 

a Soldier in the said Captains Company cannot receive the sum of '■i^ . 

Thirteen pounds four shillings and nine pence, that is justly due House Jour- 

to him for that service. And also That by Mistake in Capt. John "Ipni, 1758) ; 

p. 44. 

* Mass. Archives, cv., 584, gives the signature "Pierre Simon." 



216 



Province Laws {Resolves^ etc.) . — 1758-59. [Chaps. 18, 19.] 



Legislative 
Records of tlie 
Council, xxii., 
361. Mass. 
Archives, 
xxxiii.,60. 

Mass. 
Archives, 
xxxiii., 59. 
House Jour- 
nal, pp. 37, 38, 
43. Province 
Laws, ii., 151, 
chap. 10; xv., 
110, chap. 256. 



Indicott's Muster Roll one Richard Tynan a Soldier in his Company 
is also deprived of his just due, as appears on the Face of the same 
Rolls. 

Voted That the Treasurer be and hereby is impowered and directed 
to pay what appears by said Rolls to be respectively due to the said 
White and Tynan, the aforesaid Omission & Mistake notwithstand- 
ing. \_Passed June 10. 



CHAPTER 18. 

ORDER IMPOWERING NATHANIEL & PATIENCE HILL, INDIANS, TO SELL 

LANDS. 

A Petition of Nathaniel Hill and patience his Wife Indian 
proprietors of Natick ; praying liberty to Sell thirty Acres of their 
Land to enable them to discharge the Expence of long and repeated 
Sickness in their Family, and to Support them in their Advanced 
Age. 

Read and 

Ordered, That the Prayer of this Petition be so far granted, as 
That the Petitioners be and they hereby are allowed and impow- 
ered (with the Advice and Consent of the Guardians of the Natick 
Indians) to sell thirty Acres of their Lands lying in said Town of 
Natick as mentioned, seasonable public Notice being first given of 
the Time and place of Sale, the proceeds thereof to be applied in 
the first place to the discharging the just Debts of y^ Pet" And the 
remainder (if any there be) to be applied for the more Comfortable 
support of the Pet" in their Advanced Age, and of their family, 
as the Guardians of s*^ Indians shall judge proper and necessary. 
\^Passed June 10. 



CHAPTER 19. 



Legislative 
Records of the 
Council, xxii., 
362. Mass. 
Archives, 
xxxiii., 54. 

Mass. 
Archives, 
xxxiii., 53. 
House Jour- 
nal, pp. 37, 43. 
Province 
Laws.ii., 151, 
chap. 10; XV., 
110, chap. 256. 



ORDER IMPOWERING CESAR FERRIT, INDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Cesar Ferrit of Natick Indian planter, setting 
forth That about ten months since he purchased about Sixty or 70 
Acres of Land in said Natick, and was before possessed of several 
parcels of Land in the same ; That by reason of said purchase and 
Sickness in his Family, Loss by bad Debts &c. he is unable to pay 
his just Debts without Selling part of his Lands; and pray liberty 
to Sell Sixty Acres to enable him to discharge his Debts as aforesaid. 

Read and 

Ordered, That the Prayer of this Petition be so far granted as 
that the Petitioner, with the Advice and Consent of the Guardians 
of the Natick Indians be, and hereby is allowed and impowered to 
make sale of Sixty Acres of his Lands lying in said Town of Natick 
as mentioned, seasonable public Notice being first given of the Time 
and place of Sale, the proceeds arising by such sale to be applied in 
the first place to the payment of the Pet" Just Debts, and the over- 
plus (if any there be) to be applied to the best Advantage of the 
Pet' as the said Guardians shall direct. [Passec? June 10. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1758-59. 217 



CHAPTER 20. 

ORDER IMPOWERING SARAH TRAY, INDIAN, TO SELL LAND AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Tray of Natick Widow ; praying liberty to Legislative 
Sell twenty Acres of Land in said Natick, the fee whereof is in coum;1f,xx^i'.*' 
herself, to Snpport her under the Infirmities of Old Age. 362. Mass. 

nil ° Archives, 

Kead and xxxiii.,37. 

Ordered, That the prayer of this Petition be so far granted as Mass. 
tliat the Petitioner be and she hereby is allowed & impowered, with xxx»\^^sb 
the Advice and Consent of the Guardians of the Natick Indians iiVuseJour- 
to make sale of Ten Acres of the Lands mentioned lying in said pro^in;!**' **" 
Town of Natick, seasonable public Notice being first given of the ^jj'yp^ioV'xv^' 
Time and place of Sale, the proceeds arising thereby to be applied no. chap. 256. 
as the Guardians of the said Indians shall judge proper, for the 
more comfortable support of y*^ Pet'^ in her Advanced Age. [^Passed 
June 10. 



CHAPTER 21. 

VOTE DIRECTING PROVINCE TREASURER TO PAY WAGES DUE GER- 

SHOM MORSE. 

Whereas in the year 1757. one Gershom Morse an apprentice to Legislative 
Uriah Morse. Enlisted & went into His Majestys Service in Captain coundf, xiillf 
Ingersol's Company, but in making up the muster Pool the Said 362. Mass. 
Gershom is not made up as an aiDprentice. for which reason the ixxvii., iis. 
said Uriah the master Cannot Draw the wages Due on s*^ Pool to House Jour- 
the Said Gershom. Therefore nai,p.46. 

Voted that the Treas"^ be & hereby is directed to pay to the said 
Uriah the wages Due to the Said. Gershom as made up in the s*^ 
lugersols Pool. [Passed June 10. 



CHAPTER 22. 

ORDER ALLOWING THE ACCO^^ oF TRUSTEES OF THE HASSANAMISCO Legislative 

INDIANS Records of the 

Council, xxii., 
363. Mass. 

The Trustees appointed to receive the Interest Money accru- ^xxiiPis 

ing to the Hassanamisco Indians, and distribute the same among — ^ 

the concerned having presented their Accounts to the Court for Archives, 

Allowance. Housejt^- 

Read and nai, pp. 10,35. 

PrOVlDCG 

Ordered, That this Account be Allowed; And That the Ballance Laws, xiii., 326, 
thereof being two Shillings and ten pence one farthing the said ^ ^^^'" ' 
Indiance ' be Accountable to the said Trustees for. [Passed June 12. 

• Legislative Records of the Council, xxii., 363, reads, "Indians." 



218 



Province Laws {Resolves^ etc.) . — 1758-59. [Chaps. 23, 24.] 



Legislative 
Records of the 
Council, xxii., 
364. Mass. 
Archives, 
Ixxvli., 623. 

Legislative 
Records of the 
Council, xxii., 
229,271. House 
Journal, pp. 39, 
40, 46, 47, 48. 



CHAPTEK 23. 

VOTE ESTABLISHING PAY AND SUBSISTENCE OF SOLDIERS WHO 
MARCHED TO THE RELIEF OF FORT WILLIAM HENRY IN THE LATE 
ALARM. 

Voted, That the Commanding Officer of each Regiment or Com- 
pany of the Militia, or Detachment of a Company, that marched 
on the late Alarm for the Relief of Fort William Henry, be directed 
to make up a Roll for Pay and Subsistence of himself and Com- 
pany, as followeth. Viz' 

For each Colonel, ten Shillings, per Day. 

For each Lieu' Colonel, eight Shillings, Ditto. 

For each Major, seven Shillings, Ditto. 

For each Chaplain, five Shillings, Ditto. 

For each Chirurgeon, four shillings and six Pence, Ditto. 

For each Captain, five Shillings, Ditto. 

For each Lieu' three Shillings and nine Pence, Ditto. 

For each Ensign, three Shillings, Ditto. 

For each Adjutant, three Shillings, Ditto. 

For each Serjeant, two Shillings and ten Pence, Ditto. 

For each Corporal, two Shillings and nine Pence, Ditto. 
For each private Soldier, two Shillings and eight Pence, Ditto. 

And that those Officers and Soldiers that rode on Horses be 
allowed over and above the aforesaid Establishment, eight Pence 
for each Day they were detained at the End of their March, until 
they had Orders to return Home ; 

That in said Roll, he carry out against his own and each of the 
Officers and men's names their Wages, therein making a Column 
for the Supplies they received of Taverners and Others, deducting 
the same from the Sums respectively carried out ; and specifying 
the Names of the Captains whose Soldiers they supplied : 

That such Officers make Oath, that they and their men were so 
long in the Service as they are born on their said Rolls, & that the 
Officers were appointed to their Service in Time, and actually per- 
formed it: 

That no officer be allowed to make up a Pay Roll for any men 
under his Command, unless they marched fifteen miles from their 
respective homes 

That each of said Officers and Soldiers be allowed one Day's Pay 
and Subsistence before they marched. That fifteen miles Travel be 
accounted a Day's march : That the Tavern-keepers and Others, who 
supplied such Officers and Soldiers, be directed, within two months 
from this Time, to transmit their Accounts to the Secretary's office: 
the said Pay-Rolls not to be passed upon before the said two months 
shall be expired. [Passed June 12. 



CHAPTER 24. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO TIMOTHY 

PAGE. 



A Petition of Timothy Page of Plastow setting forth That he 



Legislative 

Council, xxii., went in the Expedition in the year, 1756. and being taken Sick at 

Archives?' Lake George; lost his Gun for which there is Four pounds stopped 

ixxvii., 551. from his Wages, and praying Relief. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1758-59. 219 

T?pif! •inrl Mass. 

rit.m iiiKi Archives, 

Ordered, That the Treasurer be directed to pay to M' David ixxvii., sso. 
Marsli for the use of the Petitioner the four pounds stopped out ^a°i"p^ irHe', 
of the Wages due to him on the last Crown point Expedition, his ^\ Province 
Arms not being returned notwithstanding. yFassed June 2^. chap. 4i6. 



CHAPTER 25. 

ORDER DIRECTING THE PROVINCE TREASURER TO PAY £4 TO LYDIA 

RAMSDELL. 

A Petition of Lydia Eamsdell setting forth That her late Hus- Legislative 

band Ephraim Ramsdell was a Soldier in the Crown point Expedi- coundf xiii!^ 

tion in 175G, and accoi'ding to the best Information She can obtain 365. 

returned his Gun into the province Stores, but that there is Four House Jour. 

pounds stopped from his Wages on account of said Gun ; and pray- provimi' 

ine- Relief Laws, xv., 695, 

mg xient;!. chap. 416. 

Read and 

Ordered That the Treasurer be directed to pay to the petitioner 
the Four pounds stopped out of the Wages due to her late Husband 
Ephraim Ramsdell on the last Crown point Expedition, his Arms 
not being returned Notwithstanding. [Passed June 12. 



CHAPTER 26. 

ORDER ' IMPOWERING ELIZ^ FARWELL, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Elizabeth Farwell of Townshend Widow and Legislative 
Administratrix of her late Husbands Estate, Samuel Farwell late council', xxu., 

of Townshend deceased; setting forth. That the said Samuel died ^^ . 

siezed of a House and Barn and about One hundred Acres of Land ^aTpp'^iTie 
in Townshend aforesaid valued at about Two hundred pounds; that 53, k. Pr'oy- 
the deceaseds Debts amount to Seventy pounds sixteen shillings & isi.^hap.V'' 
8*^ more than his personal Estate ; and praying that She may be im- 
powered to Sell the forementioned Real Estate for the payment of 
the Debts, and for the Benefit and Support of the Young Children. 

Read and 

Ordered That the prayer of this petition be granted, and that the 
petitioner in her capacity of Administratrix be and She hereby is 
impowered to make Sale of the Real Estate of her late Husband 
Samuel Farwell deceased as mentioned, for the most the same will 
fetch, and to execute one or more Deeds for Conveyance thereof. 
She first giving Notice of the time and place of Sale agreeable to 
the Law respecting the Sale of Real Estates by Executors and Ad- 
ministrators and also giving caution to the Judge of probate for 
the County of Middlesex, that the proceeds of such Sale shall be 
duly applied in the first place to discharge the deceaseds just debts; 
the Wiclow to have the Improvement of One third of the Remainder 
during Life, as her Right of Dower; at her Decease to revert to the 
Heirs at Law, the other two thirds to be divided among the Heirs 
as the Law directs. [Passed June 13. 



220 



Province Laws {Resolves, etc. ) . — 1758-59. [Chaps. 27, 28.] 



CHAPTEK 27. 



Lesjislative 
Records of the 
Council, xxii., 
366. 

Maps an(i 
Plans, Mis., v., 
21. House 
Journal, p. 402 
(April, 1757') ; 
pp. 49, 54. 
Province 
Laws, X., 91, 
chap. 27. 



ORDER GRANTING TO JOHN FARRER 600 ACRES OF EQUIVALENT LAND. 

A Petition of John Farrar of Concord in the County of Mid- 
dlesex setting forth, That in 1719. he purchased of the province a 
Right in a New Township called North Town and complied with 
the Conditions required of him, by the then General Court; that 
after making considerable Improvements thereon, he Sold the same 
to Benjamin Brooks who has lately been ejected by the proprietors 
of Dunstable out of the most Valuable part of the premisses, to 
make good whose Damage he has been obliged to give up all his 
Estate both Real and personal to the utter Ruin of himself and 
Family; unless prevented by the Interposition of this Court, and 
praying the compassionate Consideration of this Court; and that 
such Releif may be granted him as they shall judge reasonable. 

Read and 

Ordered That the prayer of this petition be so far granted, as 
that there be and hereby is granted Six hundred Acres of the Un- 
appropriated Lands of the province, to the petitioner his heirs and 
Assigns forever, as an Equivalent for the Land of which he was 
Ousted by the proprietors of Dunstable in the Year, 1754. provided 
the same be laid out Contiguous to some former Grant of the Court, 
and not interfering therewith. And that the petitioner return a plat 
thereof in twelve months from this time to the General Court for 
Confirmation. \^Passed June 13. 



CHAPTER 28. 

ORDER APPOINTING A COMMITTEE TO VIEW THE SECOND PARISH IN 

NEWBURY. 



Legislative 
Records of the 
Council, xxii., 
241,361. 

Legislative 
Records of the 
Council, XX., 
3.57. House 
Journal, p. 315 
(March, 17.58) ; 
pp. 40,44,58. 
Post, p. 257, 
chap. 114. 



A Petition of Stephen ' Bayley and others Inhabitants in the 
Westerly part of the second parish in Newbury, setting forth their 
difficulties by reason of their Situation in Attending the publick 
Worship in said parish ; that some of them live nearer to the meet- 
ing house in the fourth parish, and some of them have their Estates 
divided by the running of the parish line ; And praying that they 
with their Estates may be annexed to the fourth parish. 

The Committee appointed Yesterday on the Petition of Joshua 
Bailey and others of Newbury Reported That a Committee 

be sent to view the parish, and the Situation and Circumstances of 
the Petitioners, and make report thereof to the Court. 

Signed John Hill. 

In Council; Read and Accepted and 

Or^erecZ that James Minot Esq"" with such as the honourable House 
shall appoint be a Committee to repair to the said parish to view 
the Situation and Circumstances of the Petitioners, as also the Sit- 
uation & Circumstances ^ of James Ordway and others in their peti- 

1 The House Journal, p. 315, and Legislative Records of the Council, p. 357, reads, 
"Joshua." See a\so post, chap. 114. 

2 The words " of the Petitioners . . . Circumstances," do not occur in the House Jour- 
nal, p. 58. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1758-59. 221 

tion mentioned and report to this Court what they think proper to 
be done thereon. 

In the House of Representatives; Read and Concurred and M' 
Gushing and M' Hobson are Joined in the Affair. \_Passed June 14.^ 



CHAPTER 29. 



ORDER APPOINTING A COMMITTEE ON THE PETITION OF JOSEPH PAGAN 
AND OTHERS, INDIANS, IN REGARD TO COMPLAINTS AGAINST THEIR 
TRUSTEES. 

A Petition of Joseph Pagan and others Indians, proprieters of ^|f^^^|*'^f the 
a Tract of Land in the Township of Dudley setting forth divers council, xxii., 
Grievances they labour under, occasioned by the Conduct of some frcWyes,^^'^^^' 
of their Overseers or Guardians ; And praying Relief. xxxni., 63. 

The Committee appointed the 12 Instant on the Memorial and House Jmir^ 
complaint of Joseph Pagan and others, Indian proprietors of Lands ^'"^'^p- ■ 
in Dudley Reported their Opinion That a Committee be ap- 

pointed to repair to said Town there to hear the parties and their 
Evidences and report to this Court 

Signed Sam'- Watts ^ order. 

In Council 

Read and accepted and 

Ordered That Jaoies Minot Esq with Such as the honourable 
House shall Join be a Committee to repair to Dudley, hear the 
Indians in support of their Complaint; as also the Persons com- 
plain'd of, and make Report to the Court. 
In the House of Rep" 

Read and Concurred, and Cap* Richardson & M' Witt are joined 
in the Affair.^ \_Passed Jiine 14. 



CHAPTER 30. 

RESOLVE ALLOWING £20 TO WILLIAM BAKER. 

A Petition of William Baker setting forth the great increase Legislative 
of his business in waiting and attending on the Great and General counc'if,xx*ii'.! 
Court and their Committees, which has laid him under a Necessity 368. 
of procuring Assistance; And praying an allowance therefor. House Jour 

_^ , ,° ' 1 ./ o nal, pp. 43h, 443 

Read and (April, nss) ; 

Resolved That there be allowed and paid out of the publick Treas- "^^nll'^^i^^ 
ury to the petitioner the sum of Twenty pounds in Consideration chap'.280. 
of his extraordinary Services and Expences mentioned. \^Passed 
June 14. 

1 This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 10. 

= At the hearing, October 11, 1758, this petition was dismissed. See Legislative Records 
of the Council, xxii., 394 ; the House Journal, p. 93. 



222 



Province Laws (^Resolves, etc.). — 1758-59. [Chaps. 31-33.] 



CHAPTER 31. 



RESOLVE ALLOWING £3. 15. 10 TO THE HEIRS OF SAMUEL GOLDTHWAIT. 



Legislative 
Records of the 
Council, xxii., 
368. Mass. 
Archives, 
Ixxvii., 617. 

House Jour- 
nal, pp. 28, 51. 



A Petition of Benjamin Pickman Esq'' in behalf of the Heirs 
of Samuel Goldthwait deceased, a Soldier in the publick Service 
in 1757. praying that they may be Allowed Three pounds fifteen 
shillings made up short in Capt. Tapleys Muster Poll. 

Eead and 

Resolved, That there be allowed & paid out of the public Treas- 
ury to the Petitioner the sum of three pounds fifteen Shillings and 
ten pence for the use of y^ Heirs of Sam' Goldthwait deceased, being 
the Balance due for wages whilest in the service the last Year in 
the forces raised by this Governm^ under the Command of his Ex- 
cellency the Earl of Loudoun. {^Passed June 14. 



CHAPTER 32. 



Legislative 
Records of the 
Council, xxil., 
369. Mass. 
Archives, 
xxiv., 57. 

Province 
Laws, iv., 99, 
note. Ante, 
p. 163, chap. 
377. 



VOTE IN REGARD TO THE FRENCH INHABITANTS FROM NOVA SCOTIA. 

Voted that Dwelling houses be provided for the late Inhabitants 
of Nova Scotia now in the Province this Year as heretofore; that 
the Sick, Infirm & Aged who cannot Labour be maintained at the 
Expence of this Government as heretofore ; and that all able Bodied 
Persons be obliged, until the further order of this Court to main- 
tain themselves & Families; and that the Select men of the several 
Towns where they are, upon their desire, assist them to Employ- 
ment and take care they are not defrauded ; and that the Members 
of the House be directed to inspect the circumstances of Age, In- 
firmity, Sickness, orphanship & Ability of such Persons in their 
respective Towns, and the Towns next adjoyning where there is no 
Eepresentative, & where such Eeturn has not been already made, 
and Eeport to this Court at the next sitting.* \Pas8ed June 14. 



CHAPTER 33. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ALEX» CHAMBERLAIN TO BRING FORWARD A WRIT OF REVIEW. 



Legislative 
Records of the 
Council, xxii., 
369. 

House Jour- 
nal, pp. 60, 61. 



A Petition of Alexander Chamberlain of Boston Sailmaker set- 
ting forth, that he formerly carried on the business of a Sailmaker 
in partnership with Charles Morris now at Halifax, that in the year 
1735. the said Charles agreed to quit, the business in favour of the 
petitioner upon his Covenanting to pay him Eighty pounds old 
tenor ^ Annum during the term of ten years, That the petitioner 
gave his Bond to the said Charles accordingly, and in the Space of 
eight years had paid the whole sum stipulated, and charged the 
said Charles with it, but had neglected to see the same endorsed 
on the Bond; That he had besides advanced for the said Charles 

'^ Not found in the House Journal. 



[1st Sess.] Province Laws {Resolves, etc.). — 1758-59. 223 

upwards of Two thousand pounds Old tenor which lie now owes 
him, notwithstanding Which he has put the said Bond in Suit, and 
recovered Judgment upon it for upwards of Four hundred pounds 
lawful money and Costs, and the said Cliarles having no Estate here 
whereby he can Secure himself praying that the Superiour Court 
for the County of Suffolk may be impowered at their next Session 
to review said Action to examine into and determine the Justice of 
the petitioners Accounts ascertain what is due, and apply the same 
towards discharging the said Bond, or that he may be otherwise 
relieved 

Read and 

Ordered That the petitioner serve the Attorney to the Adverse 
party with a Copy of this petition that he shew cause (if any he 
have) on the second Friday of the next Sitting of this Court why 
the prayer thereof should not be granted, and that Execution on 
the Judgment mentioned be stayed in the meantime, provided he 
give sufficient caution to the Sheriff of the County of Suffolk to 
respond the Judgment that may be finally recovered against him, 
with the Interest arising thereon from this time.' [^Passed June 14, 



CHAPTER 34. 

VOTE DIRECTING THE PROVINCE TREASURER TO PAY BILLETING 
ACCOUNT OF HEZEKIAH WHITCOMB TO HIS HEIRS. 

Voted That the Treasurer be and he hereby is directed to pay Legislative 
to William Richardson Esq-" for the Use of the Heirs of Hezekiah ^^Xn'xxii!f 
Whitcomb deceased the Sum allowed for his billeting on his Return 370. 
from the Army on the Expedition against Crown point in the Year. House Jour 
1755. as carried out in Capt. Goodenough's Muster Roll. \_Passed "" 
June 14. 



na), p. 65. 



CHAPTER 35. 

ORDER GRANTING TO W" LAWRENCE, ESQ«, 353 ACRES OF EQUIVALENT 

LAND. 

A Petition of William Lawrence Esq"" of Groton in the County Legislative 
of Middlesex setting forth that he had purchased upwards of Three c^uncif, xxiu 
hundred Acres of Land part of a Tract adjoining to Groton, granted ^^^^?^£^^- 
by the Great and General Court about thirty five years since, and cxvii.,366. 
erected into a Township called Townshend, that the petitioners pur- Mass. 
chase by the running the Line about sixteen years ago fell into the ^xvif^lag 
province of New Hampshire, and he is thereby deprived of his said House Jour- 
Land And praying for an Equivalent (April, 1757) ; 

'^^'^^^ ^ InceLaws, X., 

Ordered that the Prayer of the Petition be so far granted as that 24, chap. 47; 
there be & hereby is Granted to the Petitioner his heirs *& assigns lea!'' ^''*'' '^ *^'' 
forever Three hundred & fifty three acres of the unappropriated 
Lands of this Province in full satisfaction of the same Quantity of 
Land taken away from him by running the Line between this Prov- 
ince & New Hampshire & that he have Liberty to lay out the same 

1 At the hearing, January 31, 1759, this petition was dismissed. See Legislative Records 
of the Council, xxii., 487 ; the House Journal, p. 233. 



224 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 36-38.] 



by a Surveyor & chain men on Oath & Eeturn a Plan thereof to 
this Court for Confirmation within two Years from this Time. 
{^Passed June 14. 



Legislative 
Records of the 
Council, xxii., 
373. 

House Jour- 
nal, pp. 30, 31, 

58. 



CHAPTER 36. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF YORK 

COUNTY. 

The Account of Jeremiah Moulton Esq' Treasurer of the County 
of York being laid before the Court. 

Eead and 

Ordered That this Account be allowed, and that the Ballance 
thereof being Sixty eight pounds ten shillings and nine pence, 
the said Treasurer be further Accountable to the said County for. 
\^Passed June 15. 



CHAPTER 37. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF WORCESTER 

COUNTY. 



Legislative 
Records of the 
Council, xxii., 
373. 

House Jour- 
nal, pp. 30, 31, 
64. 



The Account of Gardner Chandler Esq'' Treasurer of the County 
of Worcester being laid before the Court. 

Eead and 

Ordered That this Account be allowed except one Article of one 
shilling and eight pence, and two pence wrong Cast, and that the 
Ballance thereof being Seventy seven pounds, three shillings and 
one penny farthing the said Treasurer be further Accountable to 
said County for. \^Passed June 15. 



CHAPTER 38. 



RESOLVE ALLOWING £4. 10 TO DAVID OSGOOD, ADM«. 



Legislative 
Records of the 
Council, xxii., 
373. Mass. 
Archives, 
Ixxvii., 554. 

Mass. 
Archives, 
Ixxvii., 554. 
House Jour- 
nal, pp. 22, 60. 



A Petition of David Osgood of Billerica Administrator of the 
Estate of Zaccheus Shead late of Billerica deceased; setting forth 
That the said Zaccheus in the year. 1757, went in the Service upon 
the Crown point Expedition and was taken Captive after the Sur- 
render of Fort William Henry and did not return till the 18''' day 
of October, but was made up in the Muster EoU to the 9*'' day of 
August and no longer. And praying a further Allowance. 

Eead and 

Resolved That there be allowed and paid out of the public Treas- 
ury to Cap* Enoch Kidder for the use of the Petitioner as Admin- 
istrator of the Estate of Zaccheus Shead deceased, the sum of four 
pounds ten shillings in full of the Balance due to y® Said Zaccheus 
for Wages the last year, omitted in Cap* Chever's Muster Eoll. 
\^Passed June 15. 



[1st Sess.] Province Ijaws (Besolves, etc.) . — 1758-59. 225 



CHAPTER 39. 

RESOLVE ALLOWING £2. 8 TO JOSEPH PORTER. 

A Petition of Joseph Porter of Braintree setting forth, That Legislative 
his Servant John Hollis went in the Service upon the Crown point councif, xxiuf 
Expedition in 1750 and being taken Lame was detained Six days Archi^ls^^' 
after the Army was dismissed, remained ill some time at Glasgow, ixxvi.,405. 
and finally hired a Man and Horse to bring him home, And pray- Mass. 
ing an Allowance. b^xvullos. 

Read and naTw^ires. 

Resolved, That there be allowed and paid out of the public Treas- • • • • 
ury to the Petitioner the sum of two pounds eight Shillings in full 
for his Expences occasioned by the Lameness and Sickness of his 
Said Servant John Hollis a Soldier in the Service at Lake George 
in the Year 1756. \_Passed June 15. 



CHAPTER 40. 

ORDER SUBSTITUTING MR [STEPHEN] HALL FOR MR [JOHN] TYNG AS Legislative 

ONE OF THE LOTTERY MANAGERS. Records of the 

Council, xxii., 
375. Mass. 

Ordered, That M' Hall be one of the Managers for carrying on ^^^^Wves, ciii., 
one or more Lotteries for Supplying the Treasury with a Sum of Legislative 
Money, in the Room of M'' Tyng who desires to be excused from Records of the 
that Service. \^Passed June 15. 268? House '' 

Journal, p. 65. 
Province 

Laws, iv., 88, 

chap. 35; 142, 
note. 

CHAPTER 41. 

ORDER APPOINTING A COMMITTEE TO INQUIRE INTO FRAUDS AGAINST 
THE GOVERNMENT AND MISTAKES TO THE PREJUDICE THEREOF. 

Ordered That Benjamin Prat Esq' M' Tyng, Col° White, M"" Board- Legislative 
man, M' Morey, M' Niles and M' Flucker' be a Committee to make coundf xxu® 
inquiry into all Frauds committed against the Government, and Mis- 376. 
takes to the prejudice thereof, and report thereon, and that the said House Jour- 
Committee be & hereby are impowered to Send for persons and papers °*'' ^' ^' 
as they shall think proper. [Passed June 15. 

• The House Journal, p. 66, reads, "Mr. Fletcher," which is a mistake. 



226 



Province Laws (Besolves, etc.). — 1758-59. [Chaps. 42-44.] 



CHAPTEE 42. 



Legislative 
Records of the 
Council, xxii., 
376. Mass. 
Archives, ciii., 
670. 

House Jour- 
nal, p. 59. 



ORDER APPOINTING A COMMITTEE TO ASSIST THE PROVINCE TREAS- 
URER IN BORROWING MONEY. 

In the House of Eep" 

Ordered, That M' Speaker and M^ Flucker, with such as the Hon*" 
Board shall join be a Committee to Assist the Treasurer in endeav- 
ouring to borrow Money for the use of the Province, in the present 
exigency of Affairs. 

In Council Eead and Concurred and John Erving Esq'' is joined 
in the Affair. [Passed June 15. 



CHAPTER 43 



Legislative 
Records of the 
Council, xxii., 
376. 

Mass. 
Archives, 
Ixxvi., 500; 
Ixxvii., 566, 597, 
598, 610, 611. 
House Jour- 
nal, pp. 65, 66. 



RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Resolved That there be allowed and paid out of the publick Treas- 
ury to M' Edward Bacon for the Use of Lot Case Four pounds six 
shillings; To Joseph Buckminster Esq"" for the Use of Nathaniel 
Ballard Forty shillings; To Edward Hartwell Esq' for the Use of 
Abraham Sanderson Three pounds ; To M' Fellows Billing for the 
Use of Israel Hubbard Three pounds ten . shillings ; To M"" Daniel 
Whitney for the Use of Fanning Learned Forty shillings; To M"' 
John Temple for the Use of Mary Merrow Three pounds thirteen 
shillings and four pence in full Consideration of the Expences in 
their petitions respectively mentioned. [Passed June 15. 



Legislative 
Records of the 
Council, xxii., 
377. Mass. 
Archives, 
xxiii.,533. 

Mass. 
Archives, 
xxiii., 5.<52. 
House Jour- 
nal, p. 345 
(March, 1758) ; 
pp. 64, 66. 
Province 
Laws, iv., 100, 
note; xv., 529, 
chap. 2. 



CHAPTER 44. 

ORDER ALLOWING THE SELECTMEN OF THE TOWN OF MILTON TO 
REMOVE FIVE FRENCH INHABITANTS THEREOF TO THE TOWN OF 
WRENTHAM. 

A Petition of Benjamin Fenno and others Selectmen of Milton 
setting forth That eighteen of the late French Inhabitants of Nova 
Scotia have been sent to that Town, which they apprehend exceeds 
their proportion, and praying for Relief. 

Eead and 

Ordered, That the Select Men of the Town of Milton be and they 
hereby are allowed at the Charge of said Town to remove five of the 
frencii People now there to the Town of Wrenthani: And the select 
Men of the said Town of Wrentham are hereby directed to receive 
the said french People, And to provide for them as is directed by 
the orders of this Court. [Passed June 15. 



[1st Sess.] Fuoyince Laws {Jiesolves, etc.). — 1758-59. 227 

CHAPTEK 45. 

RESOLVE ALLOWING £3,4 TO SAM'- HARRIS. 

A Petitiox of Samuel Harris setting forth That he was a Sol- Ref*rd%^h 
dier in the Crown point Expedition in 1756. and tliat he continued Council, xxu., 
two Months after the Army was disbanded to attend Lieu* John ArohWes!^' 
Smith who was Sick at the Half Moon; for which Service he has ixxvii., 590. 
received no Allowance, And praying Relief. Mass. 

Kead and ixxvii., 589. 

Besolved, That there be allowed and paid out of the public Treas- nai"ppf 62"^66. 
ury to the within named Richard Billings for the use of Samuel 
Harris the Sum of Three pounds four Shillings in full Considera- 
tion for his Services Mentioned. [Passed June 15. 



CHAPTEK 46. 

ORDER APPOINTING A COMMITTEE TO BURN GOVERNMENT SECURITIES. 

In the House of Rep" i^^'^'?"^^.., 

_ _ 1 Kficords or tii6 

Ordered, That M"' Speaker, M"" Tyng, M' Flucker And Benjamin council, xxii.. 
Prat Esq'' with such as the hon'*^ Board shall join, be a Committee Archived dii. 

to repair to the Treasurers in the recess of the Court, take an Ac- ^J^ , 

count of the Government Securities now in his Hands, and see the House Jour- 
same consumed to Ashes, and report at the next Sitting of the Court. °^ • p- ' • 
In Council 

Read and Concurred and Cap" Osborne Col" Wendell, and Col" 
Brattle are joined in the Aifair. [Passed June 15. 



CHAPTEE 47. 

RESOLVE ALLOWING £2. 6 TO THE ADMINISTRATORS OF THE ESTATE 

OF EDWARD AYRES. 

A Petition of Edward Ayres and Jedediah Ayres Administrators Legislative 
of the Estate of Edward Ayres late of Ware River in the County councff, xiu.? 
of Hampshire deceased setting forth That the said Edward inlisted 378. Mass. 
in the two Expeditions to Crown point in 1755 and 1756. and was ixxvi'i!,'^574. 
thereby intitled to half pay and during the intermediate Space, but Mass^ ' 

that the same was omitted in the muster Roll And praying that i^^^^^^^5i4 
it may now be allowed them. House'jour- 

T?Psifl nnrl nal, pp. 14, 1.5, 

neaa ana 67 68. Prov- 

Eesoh'ed, That there be allowed and paid out of the public Treas- ^sa^ha^Vo^'' 
ury to the Petitioners the sum of two pounds six shillings in full 
of y^ half pay the said Edward dec"^ was entitled to on his reinlist- 
ment into the service on the last Crown point Expedition. [Passed 
June 15. 



228 



Province Laws (Besolves, etc.) — 1758-59. [Chaps. 48, 49.] 



Legislative 
Records of tlie 
Council, xxii., 
378. 

Mass. 
Archives, 
xxii., 15. 
House Jour- 
nal, p. 68. 



CHAPTER 48. 

VOTE 1MP0WER« M» BOLLAN TO RECEIVE MONEY GRANTED BY PAR- 
LIMENT OR OTHERWISE ALLOWED. 

In Council; 

Voted That M"" Secretary Oliver in behalf of this Board, and M"" 
Speaker Hubbard in behalf of the House of Kepresentatives be 
impowered to execute a proper Instrument to Authorize William 
Bollan Esq"' to receive such Sum or Sums of Money as may have 
been granted by Parliament or otherwise allowed to the province 
to reimburse or compensate the Charge of provision or any other 
Charge in the Expedition in the year One thousand seven hundred 
and fifty six, and to give discharge for any Sum or Sums so received, 
and that his Excellency be desired to sign such Instrument as Gov- 
ernor of the province. And on M"" Bollans receiving the Money that 
he Ship it for New England by one or more of his Majesty's Ships 
so soon as may be, and cause the same to be insured. 

In the House of Eepresentatives ; Read and Concurred. [Passed 
June 15. 



CHAPTE.R 49. 



Legislative 
Records of the 
Council, xxii., 
379. 

House Jour- 
nal, p. 68. 



ORDER REFERRING ALL UNFINISHED MATTERS. 

Ordered That all Matters lying before this Court that have not 
already been or shall not be passed on before the Court rises be 
referred over, and have the same day at the next Sitting. [Passed 
June 15. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1758-59. 229 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Fourth Day of October, A.D. 1758. 



CHAPTER 50. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF SUFFOLK 

COUNTY. 

The Account of Joshua Heushaw Esq'' Treasurer for the County Legislative 
of Suffolk being laid before the Court. coSxxn.? 

Read and 386. 

Ordered That this Account be allowed and that the ballance House Jour- 
thereof being One hundred and Seventy four pounds eleven shil- '^^ • pp- ^i- '^• 
lings and eleven pence half penny the said County be Accountable 
to the said Treasurer for ; and that the said Treasurer further Account 
with the said County for sundry outstanding debts amounting to One 
hundred and nineteen pounds sixteen shillings and six pence half 
penny when he shall receive the same. [^Passed October 6. 



CHAPTER 51. 

RESOLVE ACCEPTING REPORT OF COMMITTEE FOR BURNING GOVERN- 
MENT SECURITIES AND DISCHARGING THE PROVINCE TREASURER OF 
THE SUM OF £55,998. 16. 8. 

The Committee appointed on the IS'*" of June last, to take an Legislative 
Account of the Government Securities in the hands of the prov- councif xxif.^ 
ince Treasurer and See the same consumed to Ashes, made the fol- 386. Mass. 

1 • -T) ; -17- t Archives, ciii., 

lowing Keport V'lz* 674. 

Received of M"" Treasurer Gray Government Securities Redeem- Mass. 
able 1 January. 1757. Amounting to One hundred Sixty eight pounds l^s^'^House"'' 
which with the Interest of Twenty six pounds seven shillings and Journal, p. 78. 
eight pence makes One hundred Ninety four pounds seven shillings chap, 46.^^^' 
and eight pence ; Also Government Securities payable 10"' June. 1757. 
amounting to Four thousand and eight pounds fifteen shillings and 
ten pence which with the Interest of Four hundred and forty eight 
pounds seventeen shillings and two pence makes Four thousand four 
hundred and fifty seven pounds thirteen shillings. Also Government 
Securities payable in June. 1758. Amounting to Forty six thousand 
six hundred and five pounds four shillings and eight pence which 
with the Interest of Two tliousand two hundred and Ninety eight 
pounds nine shillings and four pence makes Forty eight thousand 
nine hundred and three pounds fourteen shillings. Also with Gov- 
ernment Securities redeemable 10^'' June. 1758. out of the Parlia- 



230 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 52-54.] 



mentary Grant amounting to Two thousand two hundred and sixty 
three pounds twelve shillings and eight pence which with the Inter- 
est of One hundred and Seventy nine pounds nine shillings and four 
pence makes Two thousand four hundred and forty three pounds 
two shillings. All which Securities with the Interest paid thereon 
Amount to Fifty five thousand nine hundred and ninety eight pounds 
sixteen shillings and eight pence which we have seen burnt and con- 
sumed to Ashes. 

J. Osborne ^ order. 

Eead and 

Resolved, That this Eeport be Accepted, and That the Province 
Treasurer be discharged of the said several sums Accordingly. 
[Passed October 6. 



CHAPTER 52. 



ORDER ALLOWING THE ACCQt OF GUARDIANS OF PUNKAPOAG INDIANS. 



Legislative 
Records of the 
Council, xxii., 

387. 

House Jour- 
nal, pp.46, 79. 
Province 
Laws, XV., 2,S8, 
chap. 171; 287, 
chap. 302. 



The Account of Robert Spur Esq' and others Guardians of the 
punkapoag Indians being laid before the Court for Allowance. 

Read and 

Ordered That this Account be allowed and that the Amount 
thereof being Nine pounds and two pence be paid to the said Guar- 
dians when so much shall come into their hands by the Sale of said 
Indians Lands. [Passed October 6. 



Legislative 
Records of the 
Council, xxii., 

388. 

House Jour- 
nal, p. 79. 
Ante, p. 122, 
chap. 269. 



CHAPTER 53. 

RESOLVE ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE 
ON TEA, COFFEE AND CHINAWARE FOR THE COUNTY OF BRISTOL 
AND ALLOWING 31/ FOR THE EXPENSE THEREOF. 

The Account of George Leonard Esq'' & others a Committee for 
farming the Excise on Coffee Tea &c. in the County of Bristol, hav- 
ing Sold the same for Seven pounds one shilling, Charges thereof 
Thirty one shillings. 

Read and Accepted and 

Resolved That there be allowed and paid out of the publick Treas- 
ury to the said Committee the sum of Thirty one shillings in full 
for their time and Exj)ences in said Service. [Passed October 7. 



CHAPTER 54. 



Legislative 
Records of the 
Council, xxii., 
3!)0. Mass. 
Archives, 
xxxiii., 70. 



VOTE IMPOWERING THE GUARDIANS OF PUNKAPOAG INDIANS TO SELL 
LANDS, WITH POWER TO SUE DELINQUENT PURCHASERS. 

In the House of Representatives 

Whereas it has been represented to this House by Robert Spur 

Esq'' and others Guardians to the Punkapouge Indians, who were 

Ordered by this Court on the 21^^ of april last to make Sale of part 

of s*^ Indians lands in Small lotts. That Said lands would Sell to 



[2d Sess.] Province Laws {Besolves, etc.). — 1758-59. 231 

greater advantage, if thoy might be Sold in Such Quantity or Quan- iiouseJour- 
tities as will bo Sufficiant for Settelmcnts, Province ' 

And that tlic Collecting the moneys Ordered to be paid by the Ji|aT)^'i7J'."'2l7*^' 
abutters on Said Indians lands is also attended with Difliculty Tliere- chap. 302.' 

» Ante, p. 178, 

fore _ _ chap. 414. 

Voted That the Said Guardians or their Successors, be authorized 
and Directed to make Sale of Said lands in such lotts as will be 
most advantageous to the Indians and the Purchasers of Said lands, 
and also in case any of the abutters Shall refuse to make payment 
of the respective Sums affixed to their Names in the Skidule ^ an- 
nexed to Said order, The Said Guardians are hereby authorized and 
Directed to bring their action or actions against them or either of 
them for the Recovery of said Sums. 

In Council Read and Concurred. [Passed October 7. 



CHAPTER 55. 

VOTES ACCEPTING THE REPORT OF COMMITTEE APPOINTED TO PROJECT 
A PLAN FOR THE RELIEF AND SUBSISTENCE OF SICK SOLDIERS ON 
THEIR RETURN HOME. 

The Comtee appointed to project Some proper method for the Legislative 
Subsistance and Releif of the Soldiers belonging to this Province council^, xxihf 
under the CoiTiand of General Abercrombio have attended that 391. Mass. 

A rc n 1 V G s 

affair And by the Information they have rec'^ Its highly probable, L^xviii., 20. 
that many of the Trooj^s belonging to this Province, that have been Mass. 
permitted to return for the recovery of their health, are in a Suffer- ^^^^f^ifg 
ing Condition in diverse places between Sheffield and Fort Edward Legislative 

The Comtee are therefore of Opinion, That his Excellency be councif, xxii!f 
desir'd to appoint two Suitable Persons one of which to be a Physi- j^^urnai^pp so 
tion under proper Instructions, Forthwith to repair to those Places, si.ss. 
and provide for the releif Support and comfort of Such Sick Per- 
sons, in the best manner they can and as Soon as they Shall Judge 
them able to Travel, to Send them to their respective homes, with 
a Certificate, which upon their producing. The Several Taverners 
on the Roads within this Province be directed to afford them Suit- 
able and necessary Subsistance at y^ Charge of this Gov'' and notice 
hereof be given in the Publick Prints accordingly 

And whereas it is highly probable also that many of the Troops 
belonging to this Province may happen to be Sick or maimed when 
or at y*^ time the Provincials Shall or may be dismiss'd The Comtee 
are therefore further of the opinion that his Excellency be desir'd 
to appoint & order Some Proper officer with a Physition to take 
care of Such persons and provide for their Support & releif untill 
they may come within this Province, then to be provided foi* as 
aforesaid, and as Soon as they are able to return, to Send them to 
their respective homes with proper Certificates 

And that the Colonels or cheif Comanding Officers of the respec- 
tive Regiments be directed by his Excellencey to Return to Such 
Officer a List of the Names of all Such Persons as may be Sick or 
wounded, and of the Companys & places to which they belong that 
so they may be known & provided for. 

All which is humbly Submitted 

by order of y^ Committee Jacob Wexdell 

' Not found. 



232 Province Laws {Resolves, etc.). — 1758-59. [Chap. 56.] 

Read and Accepted; And "Whereas it is highly probable That 
many of the Troops belonging to this Province, that have been 
permitted to return for the Eecovery of their health, are in a 
suffering Condition in diverse places between Sheffield and Fort 
Edward; 

Voted, That his Excellency the Governor be desired to appoint 
Two suitable persons, one of which to be a Physician, under proper 
Instructions, forthwith to repair to those places, and provide for 
the relief support and Comfort of such sick persons, in the best 
manner they can; and as soon as they shall judge them able to 
travel, to send them to their respective homes with a Certificate, 
which, upon their producing, the several Taverners upon the Eoads 
within this Province hereby are directed to afford them suitable and 
necessary subsistence at the charge of this Government: And That 
notice hereof be given in the public prints Accordingly. 

And Whereas it is highly probable also. That many of the Troops 
belonging to this Province may happen to be sick or maimed when 
or at the Time the Provincials shall or may be dismissed; Further 

Voted, That His Excellency be desired to appoint and order some 
proper Officer, with a Physician, to take care of such persons, and 
provide for their support and relief until they may come within 
this Province, (then to be provided for as aforesaid;) And as soon 
as they are able to return, to send them to their respective homes, 
with proper Certificates: And That his Excellency be desired to 
Direct the Colonels or chief Commanding Officers of the respective 
Regiments to return to such Officer a List of the names of all such 
persons a ' may be sick or wounded, and of the Companies and places 
to which they belong. That so they may be known and provided for. 
[Passed October 10. 



CHAPTER 5Q. 

VOTE FOR CONTINUING THE ESTABLISHMENT OF SUNDRY FORTS AND 
GARRISONS AND OF THE PROVINCE SHIP "KING GEORGE, &c." 

Legislative Voted, that the Establishment for the Forces at Fort Massa- 

Councii^.xx^Lt chusetts, West Hoosuck, Sheldons Garrison, Burks Garrison, Fort 
Archi^es^' Halifax, Cushnock & George's Fort shall be continued from the 
ixxviii., 25. Expiration of the last Establishment, and the same Establishment 
House Jour- continued until the next sitting of this Court, 

s5!ho.^'lntf,' That there be Pay & Subsistence allow'd for twelve Men at Mor- 
P-' 155, chap.' risons Garrison at Colerain; for Nine Men at Hawkes Garrison at 
ciiap^'365;' Charlcmont, for Nine Men at Taylors Garrison at the same Town 
p. 211, chap. 9. ^^ Ibices at the same Town for four men; that there be pay & Sub- 
sistence allowed for 1 Cap*° & 5 Searg'' to command the men at 
Sheldons Garison Burks Garison Morisons Garison Hawkes Carl- 
son Taylors Garison & Rices Garrison For the Garrison at Saco for 
one Sergeant one Corporal & eight privates; For the Fort at Pem- 
aquid for one Sergeant, one Corporal & eight Privates, & so continued 
to the next sitting of this Court; and that the Pay & Subsistence 
from the Expiration of the last Establishment for the last mentioned 
Garrisons & Forts shall be continued to this time according to the 
tenor of the last Establishment for those places. 

That the Establishment for the Scouting Parties for the East- 

i Sic. 



[2d Sess.] Province Laws (Resolves, etc.). — 1758-59. 233 

ward Frontiers & for Burtons & Hendersons Garrisons be continued 
from the Expiration of the last Establishment until the last day 
of October Current & no longer, and that his Excellency the Gov- 
ernor be desired then to Dismiss them. 

That his Excellency the Governor be desired to Dismantle the 
Brunswick Fort & also now to dismiss all the rest of the Forces 
that were pursuant to the last Establishment employed for the 
Defence of the Eastern & Western Frontiers and are not already 
dismissed or provided for by the continuance of part of the same 
establishment, and that they be allowed their Pay & Subsistence 
from the Expiration of said last Establishment until their Dismis- 
sion according to the Tenor of said last Establishment. 

That from the fifteenth day of October Current until the further 
order' of the Court the Establishment for the Ship King George 
shall be for only one Captain at y® rate of £4 ^ month one Boat- 
swain & two private Seamen, and that the Boatswain & seamen be 
allowed their Pay & subsistence according to the Tenor of the last 
Establishment; and that his Excellency the Governor be desired on 
said fifteenth day of October Current to dismiss all the rest of the 
Otiicers & privates of said Ship, provided that if s"^ Ship shall not 
be arrived on s*^ 15 of October the present Establishment shall con- 
tinue until her arrival. [Passed October 10. 



CHAPTER 57 



RESOLVE ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE 
ON TEA, COFFEE, AND CHINAWARE FOR THE COUNTY OF NAN- 
TUCKET AND ALLOWING 17/ FOR THE EXPENSE THEREOF. 

The Committee appointed to farm out the Excise on Tea, Coffee Legislative 
and China Ware in the County of Nantucket reported that they had c^uS, xxu.? 

Sold the same to Thomas Arthur for Nine pounds Six shillings and 395^ 

eight pence, and pray'd Allowance of their Charge Seventeen shillings House Jour- 
Read and Accepted and Ante,v- 123, 
Resolved That there be allowed and paid out of the publick Treas- chap. 272. 
ury to the said Committee the sum of Seventeen shillings in full 
for their time and expences in said Service. [Passed October 11. 



CHAPTER 58. 

ORDER IMPOWERING THE ASSESSORS FOR THE TOWN OF LEICESTER 
AND DISTRICT OF SPENCER IN REGARD TO ASSESSMENT OF TAXES. 

A Petition of Benjamin Tucker in behalf of the Town of Leices- Legislative 
ter and District of Spencer setting forth, That a number of per- councif, xxii!^ 

sons who for many years past paid Rates as Inhabitants of the Town 395^ 

of Leicester were the last Year set off to the District of Charlton, House Jour- 
and that twenty six polls, who paid their proportion of the publick ^Antl^T^.ny 
Taxes as Inhabitants of Spencer, were also the last Year set off to clJapili.''' ^'^' 
Charlton; That a number of others who paid Rates as Inhabitants 
of Leicester were this Year set off to the Town of Worcester; not- 
withstanding which the said Town of Leicester and District of 
Spencer are Assessed in full proportion to their former province 



234 



Province Laws ( Resolves ,etc.). — 175 8-5 9 . [ Chaps .59,60.] 



Taxes, and the said District of Charlton and Town of Worcester 
have no addition made to their province Taxes on account of their 
Additional numbers; And praying that they may be allowed to assess 
the said persons as has been hitherto done in the said Town of Leices- 
ter and District of Spencer. 

Eead and 

Ordered That the prayer of this petition be granted, and that 
the Assessors for the Town of Leicester and District of Spencer be 
and they hereby are impowered and directed to Assess the polls and 
Estates of those persons lately taken from them and annexed to the 
Town of Worcester and District of Charlton their due proportion 
as usual to the province Tax set on said Town of Leicester and Dis- 
trict of Spencer the present Year ; And that the Assessors for the 
Town of Worcester and District of Charlton be directed not to 
Assess the said persons in said Town and District the present Year. 
[Passed October 11. 



CHAPTEE 59. 



Legislative 
Records of the 
Council, xxii., 
396. Mass. 
Archives, 
Ixxviii., 21. 

House Jour- 
nal, p. 93. 
Province 
Laws, iv., 86, 
chap. 34; 141, 
note. Ante, 
p. 153, chap. 
353. 



VOTE CONTINUING THE ESTABLISHMENT OF THE FORCES, 

Voted, That His Excellency the Governor be desired to acquaint 
the General and the several Colonels of the Troops raised by the 
Government of this Province, That Notwithstanding the Time for 
which the Troops of this Province are engaged, does expire on the 
first day of November next. Yet if their service beyond that Time 
will promote the General Invasion of Canada by an attempt on 
Crown Point or Tionderogo ' this Campaign, their pay shall be con- 
tinued untill the IS**" day of November next; and That the several 
Colonels be directed to inform the Officers and privates Accord- 
ingly. [Passed October 12. 



CHAPTEE 60. 

ORDER DISMISSING THE MEMORIAL OF ROBERT HEWES AND APPOINT- 
ING A COMMITTEE IN REGARD TO FURTHER ACTION THEREON. 



Legislative 
Records of the 
Council, xxii., 
396. Mass. 
Archives, cv., 
.588. 

Legislative 
Records of the 
Council, xxii., 
348, 349, 396. 
House Jour- 
nal, pp. 26, 27, 
36, 37, 39, 92, 9.3, 
94,95,96. Ante, 
p. 215, chap. 
16. 



In Council 

An Hearing having been had before the Two Houses on the 
Memorial of Robert Hews referred to in his Excellency's Message 
of the 3'^ of June last. 

Unanimously 

Resolved. 

That the said Robert Hews hath not in any Measure supported 
the Allegations in said Memorial against John Wheelwright Esqr 
or his Son M"" Nathanael Wheelwright: Nor the Charges against 
divers Gentlemen who were heretofore appointed by the Great and 
General Court to inquire into that Affair. 

Therefore 

Ordered That the said Memorial be dismissed as Groundless. And 
that Samuel Watts and James Minot Esq" with Such as the Hon- 
ourable House shall join be a Committee to take under considera- 
tion his Excellency's said Message and make Report what they judge 
proper to be further done in the Affair. 

1 Sic. 



[2d Sess.] Province Laws {BesolveSy etc.). — 1758-59. 

In the House of Eep" 
Read and Concurred; And M"" Stone M' Hatch & M"' Fluckor are 
joined in the Atfair. [Passed October 12. 



CHAPTER 61. 

RESOLVE GRANTING £100 FOR THE RELIEF OF SICK SOLDIERS. 

Resolved^ That there be allowed and paid out of the public Treas- Legislative 
ury the sum of One hundred pounds into the hands of those Gen- councif xlil!^ 
tlemen that may be Appointed by his Excellency to proceed to the 397. Mass. 
Westward to take Care of such of the Troops raised by this Gov- ixx^viiltai. 
ernment under the Command of General Abercrombie, as are sick House Jour- 
and infirm between Sheffield and Fort Edward on their return home : ^li^-^%i 
And That, if any further Sum is found necessary, they make Appli- cimp! 55.' 
cation to His Excellency the Governor therefor, who is hereby desired 
with the Advice of the Council to issue a Warrant or Warrants there- 
for so far as shall be judged reasonable: The said Gentlemen to be 
Accountable for all such sums as they may receive. [Passed Octo- 
ber 12. 



CHAPTER 62. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF MIDDLE- 
SEX COUNTY. 

The Account of Daniel Russell Esq' Treasurer of the County Legislative 
of Middlesex being laid before the Court for their Allowance. councif, xxil!^ 

Read and '^ 

Ordered That this Account be allowed, and that the Ballance House Jour- 
thereof being two hundred seventy eight pounds fourteen shillings °ai> pp- ^i. 82- 
and eleven pence ' the said Treasurer be further accountable to the 
County for. [Passed October 12. 



CHAPTER 63. 

VOTE TO EMPLOY TWO PERSONS TO GO TO THE RELEIF OF SICK 

SOLDIERS. 

Whereas it is very probable. That many of the Soldiers belong- Legislative 
ing to this Province that may be on the Road between Albany and councif xxu^^ 
the Oneida Carrying place on their Return home for the Recovery 398. Mass. 
of their Health, are in a suffering Condition. ixxvm^.lV. 

Voted, That his Excellency the Governor be desired to appoint House Jour- 
two suitable persons, one of which to be a Physician, under proper ^J^^^f^ ^^^^ 
Instructions, forthwith to repair thither, & provide for the relief, ei. 
support & Comfort of such sick persons in the best manner they 
can; And as soon as they shall be Able to travel, to send them with 
proper Certificates to Green Bush, where they shall be under the 
Care of the Gentlemen that may be appointed to take Care of the 
sick & infirm Soldiers between Sheffield and Fort Edward, and to 
be provided for by them in the same manner. [Passed October 13. 

^ The House Journal, p. 82, adds, ^^ one Farthing." 



236 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 64-67.] 



CHAPTEE 64. 



ORDER APPOINTING A COMMITTEE TO SEND WOMEN AND CHILDREN 
FROM NOVA SCOTIA AWAY AND ALLOWING £200 FOR EXPENSE 
THEREOF. 



Legislative 
Records of the 
Council, xxU., 
399. 

Legislative 
Records of the 
Council, xxii., 
385, 388, 392. 
House Jour- 
nal, pp. 76, 81, 
82, 89, 98 bis, 
100. Province 
Laws, Iv., 229, 
note. 



The Committee appointed to take under Consideration the State 
and Circumstances of the Women and Children lately sent hither 
from Nova Scotia having further reported as their Opinion that 
they go either by Land or Water to the County of Albany, and 
that speedy provision be made therefor accordingly. 

In the House of Representatives; Eead and Accepted, and 

Ordered That M"" Flucker and M'' Goldthwait with such as the 
honourable Board shall appoint be a Committee to take care that 
the said Women and Children be sent away accordingly in the 
cheapest manner that may be, and that there be allowed to be paid 
out of the publick Treasury the sum of Two hundred pounds into 
the hands of said Committee for the purposes aforesaid they to be 
Accountable. 

In Council; Eead and Concurred, and Samuel Watts Esq"' is joined 
in the Affair. \^Passed October 13. 



Legislative 
Records of the 
Council, xxll., 
399. 

House Jour- 
nal, pp. 31, 102. 



CHAPTER 65. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF PLYMOUTH 

COUNTY. 

The Account of M' John Cotton Treasurer for the County of 
Plymouth being laid before the Court for their Allowance 

Eead and 

Ordered That this Account be allowed, and that the Ballance 
thereof being Two pounds three shillings and three pence the said 
County be further Accountable to the said Treasurer for. \^Passed 
October 13. 



Legislative 
Records of the 
Council, xxii., 
399. 

House Jour- 
nal, p. 102. 



CHAPTER QQ. 

ORDER REFERRING ALL UNFINISHED MATTERS. 

Ordered That all Matters lying before this Court that have not 
been or shall not be passed on, before the Court rises, be referred 
over and have the same day at their next Sitting. \_Passed Octo- 
ber 13. 



CHAPTER 67. 



Legislative 
Records of the 
Council, xxii., 
400. Mass. 
Archives, 
Ixxvill., 28. 



VOTES IN REGARD TO MAKING UP MUSTER ROLLS, &c. 

Voted That the Captains or chief officers of the several Com- 
panies in the Canada Expedition this Year, when they make up 
their muster EoUs carry out the Wages of each Non Commission 
officer & Soldier born on their Eespective Eolls from the time of 



[2d Sess.] Province Laws {Resolves, etc.). — 1758-59. 237 

their being Inlisted or Impressed until they leave the Army by Dis- House Jour. 
mission or Furlough, & until their Return homo allowing tiftcen ^Ante}^\t}'^\^'^^' 
miles for a days Travel, and that there be no pay allowed to those ^hap. 55. 
who never march'd, nor to Deserters that did not Eeturn & Join 
the Army again, and to such as march'd part of the Way & Eeturn'd 
by reason of Sickness & Indisposition no pay be allowed unless they 
afterwards joined the Army, or some Effective man in their Room, 
or unless such Person make it appear by proper Affidavits that they 
were inevitably prevented, and then for no longer time than till 
they got to their respective homes ; And that the officers who 

shall make up such Rolls are hereby directed & ordered to distin- 
guish the Persons last mentioned by annexing a list of such Per- 
sons names to their Roll that so there may be an enquiry ; and the 
Treasurer is directed not to pay the Persons contained in such List 
the Wages said to be due to them in the Roll until he be certified 
by the secretary that such Enquiry has been made, & they appear 
intitled to their Pay. 

Voted also That his Excellency the Governor be desired to write 
to his ExcelP' General Abercromby & acquaint him that it is the 
full Expectation of this Government founded on the Secretary of 
State's Letter that the Troops belonging to this province be sup- 
ply'd with Provisions from the Kings Stores till they arrive to their 
respective Homes after their Dismission, and in case they can't con- 
veniently be supply'd with Provisions that the General be desired 
to provide them Subsistence in some other way at the Expence of 
the Crown, and imediately to inform his Excellency the Governor 
his Resolution thereon. 

Further 

Voted, That if General Abercromby shall refuse to subsist the 
Troops till they Return to their several homes his Excellency be 
desired to request his majestys General to pay such Sums of money 
(now in his hands belonging to this Province) over to the Colonels 
or Chief Commanding Officers of the several Regiments belonging 
to this Province as his Excy the Governor shall direct for the sub- 
sistence of their respective Regiments after the Kings Provisions 
that they may recieve are Expended ; and that his Excy the 

Governor be desired to direct the Colonels or Commanding Officers 
afores*^ in case the General shall agree to pay the money to his order 
to make out Lists of their Regiments & Return them to the said 
General with the number of days that it will take for each one to 
get to his home accounting fifteen miles a days Travel, and that 
Eighteen pence f» day be allowed each man to be paid to him for 
his Subsistence by the Officer to whose Regiment he belongs taking 
proper Reciepts therefor 

Further 

Voted that if the Troops can't be provided for in their Return 
in either of the foregoing methods that then his Excy the Governor 
be desired to give orders to the several Taverners on the Road to 
provide for said Men at the Charge of this Government, and that 
they or any others that may provide for them bring in their Ac- 
compts to the Governor & Council for Allowance. \_Passed Octo- 
ber 14. 



238 



Province Laws {Resolves^ etc.) . — 1758-59. [Chaps. 68-70.] 



Legislative 
Records of the 
Council, xxii., 
402. 

House Jour- 
nal, p. 102. 
Ante, p. 235, 
chaps. 61 and 
63. 



CHAPTEK 68. 

RESOLVE ALLOWING £100 FOR THE RELIEF OF SICK SOLDIERS UNDER 
GEN^ ABERCROMBIE ON THEIR RETURN HOME. 

Resolved That there be allowed and paid out of the publick Treas- 
ury the sum of One hundred pounds into the hands of those Gentle- 
men that may be appointed by his Excellency to proceed to the 
Westward to take care of such of the Troops raised by this Gov- 
ernment under the Command of General Abercromby as are Sick 
and infirm between Albany and the Oneida Carrying place on their 
return home And that if any further Sum is found necessary, they 
make Application to his Excellency the Governor therefor, who is 
hereby desired with Advice of the Council to issue a Warrant or 
Warrants therefor, so far as shall be judged reasonable, the said 
Gentlemen to be Accountable for such Sum or Sums as they may 
receive. \^Passecl October 14. 



CHAPTER 69. 



Legislative 
Records of the 
Council, xxii., 
402. 

House Jour- 
nal, p. 102. 
Province 
Laws, iv., 165, 
chap. 8. 



VOTE DIRECTING THE EXPENSE OF BARRACK UTENSILS TO BE PAID 
OUT OF THE APPROPRIATION FOR FORTS AND GARRISONS. 

Whereas by an Act passed this Court the present Session, pro- 
viding for the reception and Accomodation of his Majesty's Forces 
within this province. Barrack Utensils are to be provided for the 
Use of such Forces 

Voted That the expence that may be incurred thereby be paid 
out of the Appropriation for Forts and Garrisons; and that his 
Excellency the Governor with the advice of the Council be desired 
to issue his Warrant or Warrants accordingly for all sjich Sums as 
shall be judged reasonable. \^Passed October 14. 



CHAPTER 70. 



Legislative 
Records of the 
Council, xxii., 
403. Mass. 
Archives, cix., 
504. 

Mass. 

Archives, cix., 
498, 503. Legis- 
lative Records 
of the Council, 
xxii., 388, 389. 
House Jour- 
nal, pp. 20, 21, 
67, 83, 103. 
Province 
Laws, ill., 1067, 
note. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED ON 
THE PROVINCE SNOW "PRINCE OF WALES." 

The Committee appointed on his Excellency's Message of the 
7"" Instant, relating to the Snow prince of Wales, made the follow- 
ing Report Viz* 

Pursuant to the within Order we have considered of the affair 
of the Snow prince of Wales, and are humbly of Opinion that his 
Excellency be desired to write to the Gentleman he Appointed to 
Act as Agent relating to her, to take an Inventory of all the Stores 
that belong to her, and send Account of the State and Condition 
of the Vessel and Stores by the first Opportunity in order that She 
may be Sold here to the highest bidder. 

Signed W Pepperrell $? order. 

Read and Accepted. [Passed October 14. 



[3d Sess.] Province IjAv^b, {Resolves, etc.). — 1758-59. 239 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-ninth Day of December, A.D. 

1758. 



CHAPTEE 71. 

ORDER GRANTING TO EBEN« DOWNE RUTH MECOM & ABIGAIL GREEN- 
LEAF LICENCES TO SELL STRONG DRINK. 

A Petition of Ebenezer Downe of Boston, setting forth his Legislative 
inability to do any business for his Support by reason of his ill council^ xxii^^ 
state of health ; as also the Petitions of Ruth Mecon and Abigail *io. Mass. 
Greenleaf botli of said Boston Widows, setting forth that each of bcx'viil.^l'e. 
their Husbands were licensed in July last to retail Strong Liquors m^^^] 
in Boston, since which they are both dead, leaving the petitioners ^'"^'^.iYee, 
in low Circumstances all which having been represented to the 
Selectmen of said Town, they have consented that each of them 
should have a License to retail Strong Liquors in Boston in case 
they may be legally authorized so to do And praying that the 
Court of General Sessions of the peace to be held at Boston Jan- 
uary instant may be impowered to grant each of the petitioners a 
License accordingly. 

Eead & 

Ordered that the prayer of this Petition be granted, and the Jus- 
tices of the General Sessions of the peace for the County of Suffolk 
at their Sessions in January next, are hereby Allow'd & Impower'd 
to grant the Petitioners Licenses to Retail, [(]if they see cause) at 
the respective Houses where they now live, the time for granting 
Licences being Elaps'd notwithstanding. They Obtaining a recom- 
mendation from the Selectmen of the Town of Boston for that pur- 
pose according to Law.' [Passed January 1. 



CHAPTER 72. 

ORDER GRANTING TO W" BENNET LICENCE TO KEEP AN INN. 

A Petition of William Bennet of Boston, setting forth That Legislative 
he hath lately hired a House at Minots T" in Boston which for a council! xxh*!,® 
long course of years hath been occupied for a Tavern and which is Arrhi^fs^^cxi ' 
judged needful should be still occupied as such, that the Selectmen 427'.' 
have readily agreed to approbate him io keep a Tavern in said house, Mass. 
but as the time for granting Licenses is elapsed He cannot obtain ^^^^^^^^' <^-'''-' 

* Not found in the House Journal. 

2 The " T " is meant to designate a wharf. See map after p. 92 and text p. 119, Shurt- 
leffs Topographical History of Boston, 3<' edition. 



240 



Province Laws {Resolves, etc.) . — 1758-59. [Chaps. 73, 74.] 



shurtieflE'8 one without the Aid of this Court And praying that the Court of 
HistolTof Bos- General Sessions of the peace for the County of Suffolk may be 
pp°'92*^iw*^*^°' impowered to grant him a License to keep a Tavern in said House 
accordingly. 
Eead & 

Order' d that the prayer of this Petition be granted & the Justices 
of the General Sessions of the peace for the County of Suffolk at 
their Sessions in January next ' are hereby Allow'd & Impower'd to 
grant the Petif a Licence (if they see cause) to keep a house of 
publick Entertainment, where he now lives the time for granting 
Licences being Elaps'd notwithstanding. ' \^Passed January 1. 



CHAPTEE 73 



ORDER GRANTING TO SARAH WETHERED LICENCE TO KEEP AN INN. 



Legislative 
Eecords of the 
Council, xxii., 
411. 



A Petition of Sarah Wethered of Boston, setting forth That 
her late Husband has had a License for about 24 years past to keep 
a Tavern in the Town of Boston That about four months ago he 
renewed his License for the ensuing year but died a few days after, 
leaving a large Stock of Wines, Liquors &c. and the greatest con- 
veniences for a publick House, And praying that the Court of Gen- 
eral Sessions of the peace to be holden at Boston the^ first Tuesday 
of January (Instant) may be impowered to grant her a License to 
keep a Tavern where She now lives in King Street, the time by Law 
allowed for granting Licenses being elapsed notwithstanding. 

Eead and 

Ordered That the prayer of this petition be granted, and the Jus- 
tices of the General Sessions of the peace for the County of Suffolk 
are hereby allowed and impowered at their Sessions on the first Tues- 
day of January (Instant) to grant the petitioner a License (if they 
see cause) to keep a House of publick Entertainment where She 
now lives. She obtaining a Eecommendation from The Selectmen 
of the Town of Boston for that purpose according to Law, the time 
for granting Licenses being elapsed notwithstanding.^ [^Passed Jan- 
uary 1. 



CHAPTER 74. 



ORDER GRANTING TO GAYER COFFIN LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, xxii., 
412. 

Mass. 

Archives, cxi., 
428-430. Shurt- 
leff's Topo- 
graphical 
History of 
Boston, 3d edi- 
tion, pp. 92, 119. 
Ante,\). 239, 
chap. 72. 



A Petition of Gayer Coffin of Boston, setting forth That he 
hath for several years past kept the Tavern on Minots T ^ and 
behaved to good Acceptance, That he is now removed to an House 
at the head of the Long Wharfe, which hath been always improved 
for a Tavern, And praying that the Court of General Sessions of 
the peace may be impowered to grant him a License to keep a Tavern 
in said House accordingly. 

Eead and 

Ordered That the prayer of this petition be granted, and the 
Justices of the General Sessions of the peace for the County of 

* Legislative Records of the Council, xxii., 411, reads, " (Instant)." 
^ Not found in the House Journal. 

* For explanation of Minots " T " see footnote to chap. 72, p. 239. 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-59. 241 

Suffolk at their Sessions in January (Instant) are hereby allowed 
and impowered to grant the petitioner a License (if they see cause) 
to keep a House of publick Entertainment where he now lives, the 
petitioner first obtaining a Recommendation from the Selectmen of 
the Town of Boston, for that purpose according to Law, the time 
for granting Licences being elapsed notwithstanding. \^Passed Jan- 
uary 1. 



CHAPTER 75. ^I^Kthe 

Council, xxii., 

415. 

ORDER DIRECTING THE COMMITTEE APPOINTED TO SELL THE PROV- ' — 777 

INGE SNOW "PRINCE OF WALES" TO PAY THE PROCEEDS THEREOF Rlfordg of the 
INTO THE TREASURY. CouncU, xxii., 

347, 375, 388, 415. 

House Jour- 

Ordered that the Committee appointed by his Excellency to sell nai,pp.2o,2i, 
the province Snow Prince of Wales be directed to pay the proceeds province' 
arising by the Sale of said Vessell into the publick Treasury for the note ^' "wie°^^' 
further order of this Court. [Passed Jamcary 3. p. 238, chap .'70. 



CHAPTER 76. 

RESOLVE RE-ELECTING INDIAN GUARDIANS AND CONFIRMING THEIR 

ACTS. 

AVhereas the List of Guardians to the several Tribes of Indians Legislative 
chosen by the two Houses on the lO"* day of October last was cas- councif xx^i.^ 
ually omitted being laid before his Excellency the Governor for his 4i5. Mass. 
Approbat". xxxii\\,^75. 

Resolved that the several persons named in said List be and hereby Legislative 
are declared reelected and all Acts and Doings of said Persons in Records of the 

i/-( • C/-1 T • I ■ ^ iu 1 K r^ T Council, XXll., 

the Lajjacity 01 Guardians since the said 10*" day of Ocf be and 390,393. House 
hereby are declared as valid and effectual to all Intents and Pur- 90°"™ 109^125^.'' 
poses as if said List had been duly laid before his Excellency and I'rovince 

IT- Tirx^TT^ "^ Laws, IV., 229, 

by him approved. [Passed January 3. note, 

1 "The two Houses proceeded according to Agreement to the Choice of Guardians for 
the Indians by joint Ballot when the following Gentlemen were chosen by a Major Vote of 
the Council and House of Representatives Viz' . 

For the Indians at Natick, Joseph Buckminster and John Jones Esq" and Captain John 
Clark. 

For the Indians at Stoughton or Punkapoag Indians, Robert Spur and Samuel Niles 
Esq" and M'' Joseph Billings. 

For the Indians of Grafton, the hon'"'" John Chandler Esq' John Jones and Edward 
Baker Esq" 

For the Indians at Dudley, the hon^e John Chandler Esq' Moses Marcy Esq'' and Capt. 
Joshua Heely. 

For the Indians at Harwich, Yarmouth and Eastham, John Freeman Esq"" M' Jabez 
Snow and Capt. John Bease. 

For the Indians of Mashpee, Barnstable, Sandwich and Falmouth, the hon'^'e Silvanus 
Bourn Esq^ Edward Bacon Esq' and M'' Nymphas Marston. 

For the Indians of Plymouth, Pembroke and Middleborough Josiah Edson Esq'' Capt. 
Nathaniel Smith and M' John Turner. 

For the Indians of Marthas Vineyard, John Norton and John Sumner Esq" and M"" 
Matthew Mayhew. 

For the Indians at Nantucket, Jonathan Coffin and Abishai Folger Esq" and M' Richard 
Coffin." — Legislative Records of the Council, xxii., 393. 



242 



Province Laws (Besolves, etc.). — 1758-59. [Chaps. 77,78.] 



LegiBlative 
Records of the 
Council, xxii., 
41C. Mass. 
Archives, 
Ixxviii., 110. 

House Jour- 
nal, p. 121. 



CHAPTER 77. 

RESOLVE ALLOWING £2. 8. 8 TO THE SELECTMEN OF ROXBURY. 

A Petition of the Selectmen of Roxbury signed by order of said 
Selectmen, Samuel Gridley Town Clerk, praying an Allowance of 
their Expence on one Samuel AVilliams, a Stranger lately in his 
Majesty's Service, who was taken Sick in said Town as he was trav- 
elling through it and there died. 

Eead and 

Resolved That the Prayer of this Petition be granted. And That 
there be allowed and paid out of the public Treasury to the Select 
Men of the Town of Roxbury the sum of Two pounds eight ShiP 
And eight pence in Consideration of their Expences Occasioned by 
the sickness and Death of the person mentioned. [Passed Jan- 
uary 4. 



CHAPTER 78. 



Legislative 
Records of the 
Council, xxii., 
417. Mass. 
Archives, ciii., 
676. 

Mass. 

Archives, ciii., 
675, 677. 
House Jour- 
nal, pp.122, 123. 
Ante, p. 227, 
chap. 46. 



RESOLVE ACCEI'TING REPORT OF COMMITTEE TO BURN GOVERNM'^ 
SECURITIES AND DISCHARGING THE PROVINCE TREASURER OF 

THE SUM OF £26,605. 19. 3. 

The Committee appointed to repair to the Treasurer's in the 
recess of the Court, and see the Government Securities in his hands 
consumed to Ashes made the following Report, which being read 
in Council was sent down to the House of Representatives Viz* 

Boston December. 27. 1758. Received of M'' Treasurer Gray a 
Government Security payable the 20"^ January. 1754:. amounting 
to Seven pounds seven shillings and nine pence which with the 
Interest of Two pounds seven shillings and six pence makes Nine 
pounds fifteen shillings and three pence, Also one Benefit Ticket 
Amounting to Two pounds two shillings which with the Interest 
of three shillings makes Two pounds five shillings. Also Govern- 
ment Securities payable 10 May. 1756. amounting to Forty three 
pounds which with the Interest of Seven pounds sixteen shillings 
and six pence, makes Fifty pounds sixteen shillings and six pence, 
Also Government Securities payable 1 January. 1757. amounting 
to Nineteen pounds eight shillings and two pence which with the 
Interest of Three pounds nineteen shillings makes Twenty three 
pounds seven shillings and two pence; Also Government Securities 
payable 2*^ June. 1757. amounting to Seventy seven pounds which 
with the Interest of Nine pounds three shillings and eleven pence 
makes Eighty six pounds three shillings and eleven pence; Also 
Government Securities payable 1 June. 1757. amounting to Two 
hundred forty five pounds which with the Interest of Thirty one 
pounds four shillings and three pence makes Two hundred seventy 
six pounds four shillings and three pence, Also Government Secu- 
rities payable 10 June. 1757, amounting to Six hundred and ten 
pounds six shillings which with the Interest of Ninety pounds sev- 
enteen shillings and four pence makes Seven hundred and one pounds 
three shillings and four pence ; Also Government Securities payable 
30 June. 1757. amounting to One hundred twenty six pounds eigh- 
teen shillings and six pence which with the Interest of Fifteen 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-59. 24:3 

pounds four shillings and ten pence makes One hundred forty two 
pounds three shillings and four pence; Also Government Securities 
payable 10 June. 1758. amounting to Fourteen hundred twenty one 
pounds thirteen shillings and ten pence which with the Interest of 
One hundred fifty four pounds fifteen shillings and eleven pence 
makes Fifteen hundred and seventy six pounds nine shillings and 
nine pence; Also Government Securities payable in June. 1758. 
amounting to Eighteen Thousand three hundred and five pounds 
eighteen shillings which with the Interest of Fourteen hundred 
fifty one pounds nineteen shillings and eight pence makes Nineteen 
Thousand seven hundred fifty seven pounds seventeen shillings and 
eight pence; Also Government Securities payable 10 October. 1758. 
amounting to Three Thousand six hundred fifty one pounds eigh- 
teen shillings and three pence which with the Interest of Two hun- 
dred fifty four pounds fourteen shillings and one penny makes Three 
Thousand nine hundred and six pounds twelve shillings and four 
pence, Also sundry Bills of the Old, Middle and New Tenor re- 
deemed by order of the Court amounting to Seventy three pounds 
and nine pence lawful money. All which sums Amount to Twenty 
six Thousand six hundred and five pounds nineteen shillings and 
three pence which we have seen burnt and consumed to Ashes. 

A true Copy Attest' J. Osborne ^ Order 

Eead and Accepted; And 

Resolved, That Harrison Gray Esq' Treasurer And receiver Gen- 
eral of this Province be and hereby is discharged of the sum of 
Twenty six Thousand six hundred and five pounds Nineteen Shil- 
lings and three pence Accordingly. {^Passed January 4. 



CHAPTER 79. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BARNSTABLE 

COUNTY. 

The Account of Jonathan Bacon Treasurer of the County of Rlfords^of the 
Barnstable being laid before the Court for their Allowance. council, xxu., 

Read and ii^^ 

Ordered That this Account be allowed, and that the ballance nai!pp!^3°M07, 
thereof being Forty three pounds eleven shillings and ten pence i26,'r27. 
one farthing the said Treasurer be further Accountable to the said 
County for, when he shall receive the same. \^Passed January 4. 



CHAPTER 80. 

RESOLVE ALLOWING £3. 10 TO JONATHAN JORDAN. 

A Petition of Jonathan Jordan of Stoughton, praying an Allow- Legislative 
ance of the Charge he was at in sending for his Son Samuel Jordan counclf, xxu.^ 
a Soldier in the pay of this Government who was taken Sick at the ^^phives^' 
Half Moon and died on his way home. ixxyin., 6. 

Read and Mass. 

Resolved, That there be allowed and paid out of the public Treas- i^x^^.^^d. 
ury to the Petitioner the sum of three pounds ten shillings in Con- House 'jour- 



244 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 81, 82.] 



sideration of the Expence and trouble he was at, occasioned by the 
Sickness of his son Sam' Jordan a Soldier in the last Crown point 
Expedition. \^Passed January 5. 



CHAPTER 81. 



Legislative 
Records of the 
Council, xxii., 
4'21. Mass. 
Archives, 
cclxxxiii., 83. 

Mass. 
Archives, 
Ixxviii., 73. 
House .Jour- 
nal, pp. 125,126, 
132. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £8. 12. 7 TO 
BENJ^ WOODWARD UNDER CONDITIONS. 

A Petition of Benjamin Woodward of Dunstable in the County 
of Middlesex, setting forth That his Brother Thomas Woodward a 
Minor was a Soldier in the Crown point Expedition in 1756. and 
was either killed or Captivated when on a Scout with Capt. Hodges 
who was killed in September the same year, that there is due to said 
Thomas as made up in Capt. Butterfields Muster Eoll, Eight pounds 
Twelve shillings and seven pence that he had no Guardian, and that 
as it is uncertain whether he be dead or living, no person can give 
the Treasurer a discharge for said Sum and praying that he may be 
impowered to receive the same upon his giving Security to Account 
therefor. 

Eead and 

Ordered That the Prayer of this Petition be so far granted as 
that the Treasurer be directed to pay to the said Benjamin Wood- 
ward the Petitioner the said Sum of Eight Pounds twelve shillings 
& seven pence upon his giving sufficient Bond or Security to the said 
Treasurer & his Successor in said Office for the time being, to pay 
the said Sum with the Interest thereof to the said Thomas Wood- 
ward at his Eeturn home, or in Case of the Death of the said Thomas 
to pay to each of his legal Heirs their just proportion of the said 
Sum, and the Interest thereof as the same ought to be distributed 
by Law in that Case allowing the said Benj'^ the Pef the necessary 
Costs therein. \^Passed January 5. 



CHAPTER 82. 



Legislative 
Records of the 
Council, xxii., 
422. Mass. 
Archives, 
Ixxvii., 629. 

House Jour- 
nal, pp. 120, 133. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £8. 16. 9 TO 

EZRA BEEMAN, ADM^ 

A Petition of Ezra Beeman Administrator of the Estate of his 
late Father Jabez Beeman late of Shrewsbury deceased, setting forth, 
That in the year. 1757. Zoheth Johnson an indented Servant to the 
said deceased, being a Soldier in the pay of this province was taken 
Captive at Lake George and has not been heard of since, And pray- 
ing that he as administrator aforesaid may be impowered to receive 
the said Zoheths Wages. 

Eead and 

Ordered, That y® Treasurer be, and he is hereby directed to pay 
to W" Eichardson Esq'' for the use of the Petitioner in his said 
Capacity the sum of Eight pounds sixteen Shillings And Nine 
pence, being the Amount of the wages due to Zohath Johnson as 
made up in Cap* Ball's Muster Eoll in the Forces raised by this 
Government under y® Command of his Excellency the Earl of Lou- 
doun in 1757, The said Zohath not being born in said Eoll as ser- 
vant to the said Jabez notwithstanding, [PassecZ January 5. 



[3d Sess.] Province Laws [Hesolves, etc.). — 1758-59. 2-15 



CHAPTEE 83. 

RESOLVE ALLOWING £7. 8. 2 TO JACQUES MORRIS. Legislative 

Records of the 
Council, xxil., 

Ecsolved, That there be allowed to be paid out of the public ^H'^^^^^l^^- 
Treasury to Jacques Morris the sum of Seven pounds eight Shil- xxiv., iis. 
lings and two pence, being the neat proceeds paid by Koland Cot- House Jour- 
ton Esq' into the Treasury on sale of certain Canoes, in which the prov^^ce^*^' ^^^" 
said Jacques Morris & others came to this Province, from some of Laws, ij-. wi, 
his Majesty's Southern Governments. {^Passed January 5. p. i88,ciiapl 

435. 



CHAPTER 84. 

ORDER DIRECTING THE SELECTMEN OF DORCHESTER TO SUPPLY 
HAJMM" TIBIDO WITH BED, BEDDING AND OTHER NECESSARIES. 

A Petition of Hammond Tibido, one of the late French Inhabi- g®f'^^^"^f ^jj 
tants of Nova Scotia placed at Dorchester, praying that some Relief council, xxii., 
may be afforded him and his Family they being unable to provide Archives?' 
themselves with Bedding and other things necessary for their Sup- xxiv., iia. 

port. Mass. 

The Committee upon the within petition beg leave to report, that xxiv.7m, ii3. 
we are fully convenced that the family within mentiond is under Refordaof^he 
distressed circumstances & that the wife of the Petitioner near her Council, xxu., 
time of travail will suffer greatly unless provided with a bed & bed- journai°'^^^ 
ding & other necessaries which we apprehend the selectmen of Dor- vv^ ^^prOTince 
Chester should be directed to supply them with Laws, iv., loo, 

VV . Brattle by order 

Eead and Accepted & 

Ordered that the Select men of Dorchester be directed to Supply 
the petitioner with Bed Bedding & other necessaries for his family 
accordingly. \^Passed January 6. 



101, notes. 



CHAPTER 85. 

ORDER ACCEPTING REPORT OF COM^eb in REGARD TO PRISONERS 

FROM NEWFOUNDLAND. 

The Committee appointed the 4 Instant on the Affair of certain Legislative 
persons lately Arrived here from Newfoundland, who had been pris- councif.xxiL^ 
oners with the French, reported as follows, Viz' That on exam- 425. Mass. 

• ArciiivGS 

ining the Masters and some of the prisoners it appeared that Capt. ixxviii., I'u. 
Noble had got those he brought provided for, That the other Twelve Legislative 
f) Capt. Gill being four men, five Women and three children belong- councif xxu.*' 
ing to the Southward were desirous of going to their homes, but 4i6. House 
were in want of Shoes, and something to bear their Expences, That pp^is*, 142. 
the Committee were therefore of Opinion that they be allowed a 
pair of Shoes and two Dollars each. 

Read and 

Ordered^ That this Report be Accepted. \^Passed January 6. 



2tl:6 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 86, 87.] 



CHAPTER 86. 



VOTE ON THE PETITION OF JOHN WHITTEMORE IN REGARD TO SUP- 
PORT OF HIS MOTHER. 



Legislative 
Records of the 
Council, xxii., 
266, 427. 

House Jour- 
nal, pp. 49, 50, 
59, 138, 139. 
Province 
Laws, xiv., 460, 
chap. 127. 



A Petition of John Whittemore of Leicester in behalf of him- 
self and his Aged Mother Ruth Whittemore, Relict of John Whit- 
temore late of Maiden in the County of Middlesex deceased, setting 
forth That the said Ruth in January. 1750. obtained an Order from 
this Court to make Sale of her thirds in said deceaseds Estate, with 
the Assistance of her two Sons Benjamin and pelatiah, they giving 
bond to Account for the produce according to Law after her decease, 
which was accordingly done, and the Interest being Three pounds 
fifteen shillings has been annually applied towards her Support ; That 
She is now Eighty six years of Age and unable to do any business; 
that the aforesaid Income is insufficient for her Support, that several 
of her Children live without the province, and two others unable to 
help her And praying that such part of the Capital Sum as the 
Judge of probate for the County of Middlesex shall judge needful 
may be applied towards her Support. 

[Read and] 

Voted That this petition be revived, and that the prayer thereof 
be so far granted as that the said Benjamin Whittemore and Pela- 
tiah Whittemore their Executors and Administrators or either of 
them do pay and apply so much of the principal of said Bond 
towards the Support of their said Mother as the Judge of Probate 
for the County of Middlesex shall think proper for that purpose, 
and in such manner as said Judge shall direct; and that said Judge 
shall and may order such sums as shall be so paid pursuant to his 
Orders to be indorsed on said Bond, which Endorsements so made 
shall be the Obligors their Executors and Administrators discharge 
for the Amount of such Endorsment or Endorsments so made, and 
the Heirs or persons intituled to a distribution pursuant to said 
Bond, shall receive only their Average and proportion of the Residue 
after such payments are deducted. \^Passed January 8. 



CHAPTER 87. 



Legislative 
Records of the 
Council, xxii., 
428. Mass. 
Archives, 
Ixxxvii., 74. 

Mass. 
Archives, 
Ixxxvii., 73. 
House Jour- 
nal, pp. 130, 131, 
139. 



ORDER EXCUSING JOSEPH FISHER FROM PAYING EXCISE DUES. 

A Petition of Joseph Fisher of Walpole in the County of Suf- 
folk, setting forth. That in August last he had the Misfortune to 
lose his House and most of his Furniture by Fire, and is thereby 
reduced to great straights; and that among other things he lost the 
Money he had laid by for the Collector of Excise for the^ duty on 
three barrels of Rum and praying the Compassionate Consideration 
of this Court. 

Read and 

Ordered, That the Prayer of this Petition be granted ; And That 
the Petitioner, in Consideration of his loss by Fire, be and hereby 
is excused from paying to the Collector of y^ Excise on spirituous 
Liquors for the County of Suffolk, the Duties of Excise on the 
three barrels of Rum mentioned. {Passed January 8. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1758-59. 247 

CHAPTEK 88. 

RESOLVE ALLOWING £3. 9. 5 TO AMOS HOWARD. 

A Petition of Amos Howard of Ipswich, setting forth, That he Legislative 
Avas a Soldier in Capt. Gideon Parker's Company in the Crown point councu^ xlii!f 
Expedition in 175(J. That on his return home he fell Sick and that ^j;.jjf^?^^- 
for three Months he was disabled thereby from doing any business, ixxvii., 606. 
and was at the expence of an horse to bring him home, and of a House Jour- 
Doctor to tend him afterwards, And praying an Allowance. Sfm^isa!' ^^' 

Bead and 

Resolved, That there be allowed and paid out of the publick Treas- 
urer ' to the Petitioner, the sum of three pounds Nine shillings and 
five pence in full for his Expences incurred by his sickness whilest 
in the service in the Year 1756. [Passed Jamiary 9.^ 



CHAPTEK 89. 

ORDER ACCEPTING REPORT OF COMMITTEE CONCERN^ FIRE ARMS 
AND APPOINTING A NEW COMMITTEE THEREON. 

The Committee appointed to take under Consideration his Ex- Legislative 
cellency's Message of this day [respecting the Fire Arms delivered councf f xxil'^ 
for the Forces raised the last year] report as their Opinion, That 428. 
the Treasurer of the province be ordered to stop Three pounds out Legislative 
of every Soldiers Wages who received publick Arms in the last Expe- councif, x*x^l! 
dition against Canada, unless they produce a Receipt of the same j^^y^'j^;^] House 
being returned, Viz*^ for every Firelock Two pounds ten shillings, pp. us, i50. 
for every Bayonet Nine shillings and for a sling one, excepting in chap, m^* 
such particular Cases and Circumstances as this Court by their Com- 
mittee to be appointed for that purpose, or otherwise shall order to 
the contrary; That the Treasurer be further ordered to make the 
same Stoppages out of the respective Colonels and Captains Wages 
who have received publick Arms as aforesaid, until they have ac- 
counted therefor in manner aforesaid, January. 6. 1759. 

Signed W. Brattle ^ order. 

In Council ; Read and Accepted, and 

Ordered that William Brattle Esq"" with such as the honourable 
House shall join be a Committee for the purposes mentioned in the 
within Report. 

In the House of Representatives; Read and Concurred, and M"" 
Flucker and M' Tyng are Joined in the Affair. [Passed January 9.^ 

1 Sic. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is January 8. 

' This date is according to the House Journal ; according to Legislative Records of 
the Council the date is January 8. 



248 



Province Laws {Resolves, etc.). — 1758-59. [Chap. 90.] 



CHAPTER 90. 



EESOLVE AKD ORDER DIVIDING THE TOWN OF REHOBOTH INTO TWO 

PRECINCTS. 



Legislative 
Records of the 
Council, xxii., 
429. Mass. 
Archives, xi v., 
95^ 

Mass. 

Archives, xiv., 
93. House 
Journal, 
pp. 113, 114, 115. 
Province 
Laws, iv., 542, 
note. 



A Petition of the Town of Eehoboth, Signed Ezekiel Eeed 
Town Clerk, setting forth the Inconveniences that attend the sup- 
porting the Gospel in two distinct Congregations while they Act 
as one body in raising Money for that purpose, And praying that 
said Town may be divided into two distinct precincts by certain Metes 
and Bounds as set forth in said petition, and that the Ministerial 
Lands belonging to said Town be equally divided between the two 
precincts; the Inhabitants of the proposed first or West precinct 
agreeing to pay to the East precinct the sum of Three pounds annu- 
ally for the term of fifteen years from and after their Settling a 
Minister in The East Precinct. 

Eead: And whereas it has been found by Experience that 

the maintaining of the Gospel ministry in the Westerly and Easterly 
Parts of the Town of Eehoboth in two distinct and seperate Congre- 
gations, while the Inhabitants have acted together as one Precinct 
in raising money for that Purpose, has occasioned great Difficulties 
in said Town : To prevent the same for the future ; It is 

Resolved and 

Ordered, That the said Town of Eehoboth be, and the same 
hereby is divided into two distinct and seperate Precincts by the 
following Divisional Line, which shall be deemed the Boundary 
Line between the said two Precincts, viz*^ Beginning at the Brick 
School-house standing at the parting of the Eoads near the Dwell- 
ing-House of Captain Daniel Hunt ; from thence to go in the Country 
Eoad Southerly that leads towards Kelly's Ferry, until it comes so 
far Southerly as the said Hunt's Land bounds on the said Eoad : 
Then running Southwesterly with the said Hunt's 'Land until it 
comes to the Salt water; Then again beginning at the said Brick 
School-house, and running with the High-way going Northeasterly 
along by the House of Ebenezer Allen, and the House where Joseph 
Peck deceased dwelt, and on that Eoad to the House of Captain 
Thomas Peck, and by the House of Ephraim Hunt ; and so North- 
erly on the same Eoad, until it comes to Palmer's Eiver old Eoad; 
then crossing that Eoad and running Northerly on a strait Line to 
the West Corner of the Land of Andrew Carpenter, near his House, 
where the Eoads meet; then taking the Eoad that leads to Thomas 
Allen's House at the Southeast Corner of his Homestead Land, being 
the Southwest Corner of the Homestead Land of Josiah Cushing; 
then running Northerly and Easterly in the Bounds of said Allen's 
and Cushing's Land until it comes to the Highway going Northerly; 
then taking that Highway going Northerly until it comes to the 
Highway going Easterly over the long Dam (so called), and going 
Easterly on that Highway till it comes to the Eoad near the Dwell- 
ing House of Peter Millerd, and then running Northerly in that 
Higliway leading to the South end of Long Hill ; and running North- 
erly upon long Hill in the High way to the House of Josiah Ide ; 
from thence running Northerly on a strait Line to a great Eock 
being the Bounds between Eehoboth and Attleborough ; it being 
the Bounds or Corner of the West and East Precinct in said Attle- 
borough, the said Josiah Ide to belong to the East Precinct. 

That all the Lands lying Westerly of said Divisional Line, being 



[3d Sess.] Province Laws (Besolves, etc.). — 1758-59. 2^1:9 

the old Part of the Town sliall be denominated the first Precinct; 
and the Lands lying Easterly of said Line the second Precinct. 

That the Inhabitants of each of the said Precincts be and hereby 
are invested with all the Powers and Priviledges, and subjected to 
all the Duties that Precincts in this Province by Law are invested 
witli and subjected to: 

And that all the Ministerial Revenues arising from all and any 
Lands lying in any Part of said Town of Rehoboth, heretofore 
sequestred to the use of the Ministry in said Town, being Lotts of 
Land laid out in all the several Divisions of Upland and Meadows 
on the Pastor's and Teacher's Rights (so Called in the Draughts of 
said Divisions) shall for ever hereafter be equally divided betwixt 
the said two Precincts. 

And It is further 

Ordered, That the Inhabitants of the said first or West Precinct 
of Rehoboth pay out of their Treasury to the Inhabitants of the 
said Second or East Precinct the Sum of Three Pounds Annually 
for the Term of Fifteen Years from and after their settling a Min- 
ister in said East Precinct. [Passed January 9. 



CHAPTEE 91. 

ORDER GRANTING 200 ACRES OF LAND TO ASA HILL. 

A Petition of Asa Hill of Shrewsbury in the County of Worces- Legislative 
ter, Setting forth that about four years ago he lost his House and Qoyncff xxil^ 
most of his Household Stuff by Fire, that two years after he met 432. Mass. 
with the like Misfortune, that the last year he entered into the ixMvTf.^h. 
publick Service as a Soldier and during the Seige of Fort William Mass. 
Henry he lost most of his Cloaths And praying that as he has f'^'^x^If^-o 
divers Sons growing up, the Court would compassionate his Cir- House iour- 
cumstances and make him a Grant of Land for their Support. nai, pp. 125, 146. 

Read and 

Ordered, That the Prayer of this Petition be so far granted, as 
that there be and hereby is granted to the Petitioner his Heirs and 
Assigns for ever two Hundred Acres of the unappropriated Lands 
of the Province in the Green Woods (so Called) in the County of 
Hampshire on the Road leading from Westfield to Sheffield, if such 
there be, and if there be none on said Road, then of the same Num- 
ber of acres on the Road (called the north Road) leading from 
Blandford to Township Number Four, and thence to Pontoosuck 
in said County, the Petitioner taking a Plan thereof by a Surveyor 
and Chainmen under Oath, and presenting the same for the Ap- 
probation of this Court at his OAvn Cost and Charge. Provided that 
the Petitioner erect a House thereon convenient for Entertainment 
of Travellers Avithin one Year from this Time ; and that he or his 
Heirs keep a House to accomodate Travellers at a reasonable Rate 
for and during tlie Space of five Years from the first Day of Jan- 
uary next. [Passed January 9. 



250 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 92-94.] 



CHAPTEK 92. 



Legislative 
Records of the 
Council, xxii., 
433. Mass. 
Archives, 
Ixxvii., (i38. 

Mass. 
Archives, 
Ixxvii., 638. 
House Jour- 
nal, pp. 131, 149. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY THE WAGES 
OF WILLIAM FORBUSH, JUN., TO PATRICK MANNING. 

A Petition of Patrick Manning of Berwick in the County of 
York, Setting forth that his Servant William Forbush was a Soldier 
in Capt. Indicott's Company under the Earl of Loudoun, and Was 
either killed or taken Prisoner at Fort William Henry; but that not 
being made up in the Muster Roll as a Servant, the Petitioner can- 
not draw his Wages, And praying Eelief. 

Read and 

Ordered^ That the Treasurer be, and he is hereby directed to pay 
the Petitioner the Wages of the said William Forbush jun'' as made 
up in Cap*^ Indicott's Muster Roll for the Campaign in 1757, the 
said William not being born therein as his Servant Notwithstand- 
ing. \^Passed January 10. 



CHAPTEE 93. 



RESOLVE ALLOWING £4. 16. n TO JOSIAH WOOD. 



Legislative 
Records of the 
Council, xxii., 
434. Mass. 
Archives, 
Ixxviii., 72. 

Mass. 
Archives, 
Ixxviii., 71. 
House Jour- 
nal, pp. 139, 140, 
151. 



A Petition of Josiah Wood of Dracut a Soldier in Capt. Cheever's 
Company in the Crown point Expedition in 1757. Setting forth. That 
he was made up two Months and nineteen days short in the Muster 
Roll, And praying an Allowance. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to the Petitioner the Sum of four pounds sixteen Shillings and 
five pence, for two Months and Nineteen Days wages he was made 
up Short in Cap' Cheever's Muster Roll For the Campaign in the 
year 1757. \^Passed January 10. 



CHAPTEK 94. 

ORDER ALLOWING TO CAPT. PHILLIP WALKER 2/ 8 PER MAN FOR SUB- 
SISTING SOLDIERS. 



Legislative 
Records of the 
Council, xxii., 
435. Mass. 
Archives, 
Ixxviii., 70. 

House Jour- 
nal, pp.132, 155. 



A Petition of Capt. Phillip Walker Setting forth That he Marched 
Eighty four Men from Rehoboth to Worcester and engaged for their 
Subsistence, and that most if not all of said Men have received their 
Billeting from the Officers to whom they were turned over, And pray- 
ing Relief. 

Read and 

Ordered, That the Prayer of this Petition be so far granted; as 
that there be, and hereby is allowed to be paid out of the public 
Treasury to the Petitioner two shillings and eight pence for each 
of the seventy five Soldiers named in the list annexed,' which he 
subsisted from Rehoboth to Worcester; And that Cap* Nathan 
Hodges be directed in making up his Muster Roll to deduct the 
same out of each of the soldiers Wages that were at Worcester 
turned into his Company, which were subsisted by the said Walker 
as aforesaid. \^Passed January 10. 



' Not found. 



[3i) Sess.] Province Laws (^Hesolves, etc.). — 1758-5i). 251 



CHAPTER 95. 

VOTE ALLOWING WAGES FOR MAKING UP MUSTER ROLLS AND FOR 
EXPENSE OF TRAVEL TO BOSTON, 



the 



Voted, Tluit there be allowed Wages to each Captain or Chief KKf.... 
Officer of the several Companies in the Forces raised by this Gov- council, xxii".^ 
ernment for the Invasion of Canada, fifteen Days after his return Archives^ 
home for making up their respective Muster Rolls, also for his ^^-'^^'"•' ^^'^• 



Travel to Boston in order to lay the same before the Court, allow- ^jfj^^j® f(?"''" 
ing Twenty Miles for a Day's Travel. [Passed Jatiuary 10. ' '^^' 



CHAPTER 96. 

RESOLVE ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE 
ON TEA, COFFEE, &c, FOR THE COUNTY OF MIDDLESEX AND ALLOW- 
ING £3. 4 FOR THE EXPENSE THEREOF. 



The Committee appointed to farm out the Excise on Tea Coffee Refords'ofthe 
&c. in the County of Middlesex for the Year. 1758. made report of Council, xxii., 
their having sold the same to M' John White of Charlestown for 



One hundred and sixty pounds, and prayed ^ Allowance of their Charge nai^^jK 164^'^" 
and Expence Three pounds four shillings. ^^^^^^ tii^^' 

Read and Accepted and 

Resolved That there be allowed and paid out of the publick Treas- 
ury to tlie said Committee the sum of Three pounds four shillings 
for their time and expences in said Service. [Passed January 11.'^ 



CHAPTER 97. 

ORDER GRANTING TO OBADIAH SAWTELL LICENCE TO KEEP AN INN. 

A Petition of Obadiah Sawtell of Shirley setting forth That Legislative 
Jonathan Goold late of said Shirley Innholdier died last Fall, leav- council, xxii., 

ing the petitioner Sole Executor, and the said Jonathan's Wife being ^^ 

lately dead also, the petitioner has been obliged to move into the nai'^pp"\^4'"i55 
deceaseds House; And praying that he may be enabled to keep a 
Tavern therein. 

Read and 

Ordered That the prayer of this petition be so far granted as that 
the Justices of the Court of General Sessions of the peace for the 
County of Middlesex Be and they hereby are impowered at their 
next Term to grant the petitioner a Licence (if they see fit) to 
keep an House of publick Entertainment where he now dwells, 
he first obtaining the Approbation of the Selectmen of said Dis- 
trict, the time for granting Licences being elapsed notwithstand- 
ing. [Passed January 11. 

> Sic. 

' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 10. A duplicate of this chapter appears in the Legislative 
Records of the Council, xxii., 446. 



252 



Province JjAws (Besolves, etc.). — 1758-59. [Chaps. 98-101.] 



CHAPTEE 98. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINA WARE IN SUFFOLK COUNTY. 



Legislative 
Records of the 
Council, xxU., 
437. 

House Jour- 
nal, p. 160. 
Province 
Laws, ill., 1064, 
note. 



In the House of Eepresentatives ; 

Voted that Thomas Flucker and Thomas Goldthwait Esq''^ with 
such as the honourable Board shall join be a Committee to farm 
out the Duties of Excise on Tea, Coffee and China Ware in the 
County of Suffolk, the current Year. 

In Council; Read and Concurred, and Samuel Watts Esq' is joined 
in the Affair. [Passed January 11. 



CHAPTEE 99. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN ESSEX COUNTY 



Legislative 
Records of the 
Council, xxil., 
437. 

House Jour- 
nal, p. 160. 



In the House of Representatives; 

Voted that Joseph Gerrish Esq"' and M' Daniel Giddinge with such 
as the honourable Board shall join be a Committee to farm out the 
Duties of Excise on Tea, Coffee and China Ware in the County of 
Essex the current Year. 

In Council; Read and Concurred, and Benjamin Lynde Esq"^ is 
joined in the Affair. [Passed January 11. 



CHAPTEE 100. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN MIDDLESEX COUNTY. 



Legislative 
Records of the 
Council, xxil., 
437. 

House .Jour- 
nal, p. 161. 



In the House of Representatives, 

Voted that Andrew Bordman and James Russell Esq" with such 
as the honourable Board Shall join be a Committee to farm out the 
Duties of Excise on Tea Coffee and China Ware in the County of 
Middlesex the current Year. 

In Council; Read and Concurred, and William Brattle Esq' is 
joined in the Affair. [Passed January 11. 



CHAPTEE 101. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN HAMPSHIRE COUNTY. 



Legislative 
Records of the 
Council, xxil., 
438. 

House .Jour- 
nal, p. 16L 



In the House of Representatives, 

Voted that Elijah Williams and Timothy Dwight Esq" with such 
as the honourable Board shall join be a Committee to farm out the 
Duties of Excise on Tea, Coffee and China Ware in the County of 
Hampshire, the current Year. 

In Council; Read and Concurred, and Israel Williams Esq' is 
joined in the Affair. [Passed January 11. 



[3d Sess.] Frovince hAYfs {EesolveSy etc.). — 1758-59. 253 



CHAPTEE 102. 

ORDER APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN WORCESTER COUNTY. 

In the House of Rep-« Krde'of the 

Ordered that Timothy Ruggles and Edward Hartwell Esq" with Councii,xxii., 
such as the Hon''''' Board shall join be a Committee to Farm out Archives.^cxx., 

the Duties of Excise on Tea Coffee & China Ware in the County ^_^ 

of Worcester for the Year Current n&i'vi^^'''' 

In Council Read and Concurrd and John Chandler Esq' is joined 
in the Affair. [Passed January 11. 



CHAPTER 103. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN PLYMOUTH COUNTY. 

In the House of Representatives, Becord"ofthe 

Voted that George Watson Esq' and M' John Brewster with such council, xxu., 

as the honourable Board shall join be a Committee to farm out the — '- 

Duties of Excise on Tea, Coffee and China Ware in the County of naTp-ieT''" 

Plymouth the current Year. 

In Council; Read and Concurred, and Gamaliel Bradford Esq' is 

joined in the Affair. [Passed January 11. 



CHAPTEE 104. 

VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN BARNSTABLE COUNTY. 

In the House of Representatives, Krds of the 

FoferZ that Roland Cotton and Edward Bacon Esq" with such Council, xxu., 

as the honourable Board shall join be a Committee to farm out the — '- 

Duties of Excise on Tea, Coffee and China Ware in the County of na^up! fbT""' 

Barnstable the current Year. 

In Council; Read and Concurred, and Silvanus Bourn Esq' is 

joined in the Affair. [Passed January 11. 



CHAPTEE 105. 

VOTE- APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN BRISTOL COUNTY. 

In the House of Representatives, Refords^ofthe 

Voted that Samuel White Esq' and Capt. Thomas Morey with Council, xxu.. 



438. 



such as the honourable Board Shall join be a Committee to farm 

out the Duties of Excise on Tea Coffee and China Ware in the naTp^feT'"' 

County of Bristol the current Year. 

In Council; Read and Concurred, and George Leonard Esq' is 
joined in the Affair. [Passed January 11. 



254 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 106-109.] 



CHAPTER 106. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINA WARE IN YORK COUNTY. 



Legislative 
Records of the 
Council, xxii., 
439. 

House Jour- 
nal, p. 161. 



In the House of Eepresentatives, 

Voted that John Bradbury Esq'' and M'' Benjamin Chadbourn with 
such as the honourable Board shall join be a Committee to farm 
out the Duties of Excise on Tea, Coffee and China Ware in the 
County of York the current Year. 

In Council; Read and Concurred, and Richard Cutt Esq^ is joined 
in the Affair. \^Passed January 11. 



CHAPTER 107. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN THE COUNTY OF DUKES COUNTY. 



Legislative 
Records of the 
Council, xxii., 
439. 

House Jour- 
nal, p. 161. 



In the House of Representatives; 

Voted that John Norton Esq'' and M" Matthew Mayhew with such 
as the honourable Board shall join be a Committee to farm out the 
Duties of Excise on Tea, Coffee and China Ware in the County of 
Dukes County the current Year. 

In Council; Read and Concurred, and John Sumner Esq' is joined 
in the Affair. \^Passed January 11. 



CHAPTER 108. 



VOTE APPOINTING A COMMITTEE TO FARM THE EXCISE ON TEA, 
COFFEE AND CHINAWARE IN NANTUCKET COUNTY. 



Legislative 
Records of the 
Council, xxii., 
439. 

House Jour- 
nal, p. 161. 



In the House of Representatives, 

Voted that Abishai Folger and Richard Coffin Esq" with such as 
the honourable Board shall join be a Committee to farm out the 
Duties of Excise on Tea, Coffee and China Ware in the County of 
Nantucket the current Year. 

In Council ; Read and Concurred, and Josiah Cotton Esq"" is joined 
in the Affair. \^Passed January 11. 



CHAPTER 109. 

VOTE ALLOWING £8 EACH TO SOLDIERS TAKEN CAPTIVE AND CARRIED 

TO EUROPE. 



Legislative 
Records of the 
Council, xxii., 
439. Mass. 
Archives, 
Ixxviii., 132. 

House Jour- 
nal, p. 164. 



Voted, That the Soldiers raised by this Government under the 
Command of His Excellency the Earl of Loudoun, who were Cap- 
tivated by the Indian Enemy at the Time of the surrender of Fort 
William Henry, and Carried to Europe, be allowed and paid out 
of the public Treasury the sum of Eight Pounds each upon their 
return home. And that those Already returned be allowed the same 
sum each, in full Consideration for their Time and Sufferings re- 
spectively. {^Passed January 11. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1758-59. 255 

CHAPTEK 110 . 

ORDER GRANTING TO WILLIAM BRYANT LICENCE TO KEEP AN INN. 

A Petition of William Bryant, now an Innholder in Reading in Legislative 
the County of Middlesex, setting forth that he hath purchased the councu! xxii!f 
Dwelling house of Isaac Baldwin in Sudbury which hath for divers ^rchivel^cxi* 
years been improved as a Tavern, and hath Obtained the Approba- 43-2. ' ' ' 
tion of the Selectmen of said Town to keep a Tavern there ; And Mass. ~ 

praying that the Justices of the General Sessions of the peace for ^if'^HousT*'' 
the Counry of Middlesex may be impowered at their next Session to Journal, p. i56. 
grant him a Licence (if they see cause) to keep a House of publick 
Entertainment the remaining part of the year, the time for grant- 
ing Licences being elapsed notwithstanding. 

Read and 

Ordered, That the Prayer of this Petition be so far granted, as 
That the Justices of the Court of General sessions of the Peace 
for the County of Midd'' be and they hereby are impowered at their 
next Term, to grant the Petitioner a Licence (if they see cause) 
to keep an house of public Entertainment in the Town of Sud- 
bury, where Isaac Baldwin now dwells, he first Obtaining the ap- 
probation of the select Men of said Town, the Time for granting 
Licences being elapsed notwithstanding. \^Passed January 11. 



CHAPTER 111. 

VOTE DIRECTING THE PROVINCE TREASURER TO GIVE BOND FOR THE 
FAITHFUL DISCHARGE OF HIS DUTIES. 

In the House of Representatives, ^ ^^ . ^ . ^ ^^ Refords"of the 

Voted that no person who shall be chosen by this Court into the Council, xxii., 

Office of Treasurer and Receiver General for this Province for the '^^ — -_ . 

present Year, shall be deemed duly qualified to enter upon the Ex- Refords^Jfthe 
ecution of that Office until he shall first have an Oath administred Council, xxu., 
to him for his faithful performance of his said Office; and shall give journal, p. i69. 
Bond with sufficient Sureties to the Acceptance of a Committee 
appointed by this Court for that purpose in the sum of Thirty thou- 
sand pounds lawful money to the three eldest Counsellours in the 
province for the time being who are hereby appointed a Committee 
in behalf of the province and especially authorized for this pur- 
pose; which Bond shall be conditioned for such Treasurer's truly 
and faithfully discharging the duty of his Office according to Law, 
and for his rendring an account when and so often as he shall be 
required by the General Court of all such Sums of Money as he 
shall from time to time receive into the Treasury, and for his well 
and truly paying to his Successor in said Office, or to any other 
person that may be appointed by the General Court to receive the 
same All such sum or sums of Money as upon Settlement of his 
said Accounts or otherwise shall be found due and payable from 
him to the province; provided that the said Bond be put in Suit 
within two years next after the date thereof, otherwise to be void 
and of no Effect; And that Thomas Hubbard and James Russell 
Esq" with such as the Honourable Board shall join be a Committee 



256 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 112, 113.] 



to judge of the suflBciency of such as may offer to become Sureties 
for the Treasurer as aforesaid. 

In Council, Read and Concurred, and John Osborne Esq' is joined 
in the Affair. {^Passed January 11. 



CHAPTEK 112. 



Legislative 
Records of tlie 
Council, xxii., 
441. 

House Jour- 
nal, pp. 31, 109, 
162, 163. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF BRISTOL 

COUNTY. 

An Account of M' Eobert Luscombe Treasurer of the County 
of Bristol ending 14 October, 1758. having been laid before the 
Court for their Allowance. 

Read and 

Ordered That this Account be allowed, and that the ballance 
thereof being Nine pounds one shilling and eleven pence the said 
Treasurer be further Accountable to the said County for when he 
receives the same. [^Passed January 11. 



CHAPTER 113. 



Legislative 
Records of the 
Council, xxii., 
443. Mass. 
Archives, xiv., 
92. 

Mass. 

Archives, xiv., 
90. House 
Journal, 
pp. 177, 178. 
Province 
Laws, ii., 151, 
chap. 10; XV., 
851, chap. 60. 



ORDER IMPOWERING PETER THACHER, EXECUTOR, TO SELL AN ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Peter Thacher of Attleborough in the County of 
Bristol Clerk, Executor of the last Will and Testament of Peter 
Thacher late of Middleborough in the County of Plymouth Clerk 
deceased, setting forth, That he is in advance for said Estate as 
Executor upwards of Two thousand pounds Old tenor, that there 
is no Estate remaining of the Testators but his Homestead in Mid- 
dleborough Which he devised to his Wife during her Widowhood, 
and after her Decease to his Children, Mary, Susanna, Thomas, 
John, Oxenbridge, Moses, Mercy and Samuel divers of whom are 
since dead and left representatives who are Minors, That in the 
year. 1755. he prayed the Order of this Court for the Sale of said 
Estate, which was accordingly granted on certain terms, but said 
Order has never yet been carried into Execution. And praying that 
he may now be impowered in his Capacity aforesaid to make Sale 
of the premisses. To the granting of which petition Mary Thacher 
the Widow and divers other persons interested in said Estate sig- 
nified their Consent. 

Read and 

Ordered That the Prayer of this Petition be granted and that the 
Petitioner be and he hereby is impowered (together with the Widow 
who has her Life in the Estate) to make and execute a good and 
sufficient deed or deeds of the Premises, He observing the Rules 
of the Law respecting the Sale of Real Estates by Executors & 
Administrators, and giving sufficient Caution to the Judge of Pro- 
bate for the County of Plymouth for the Application of the Money 
arising by said Sale for payment of the debts mentioned, and for 
duly accounting for the Overplus (if any there be) after the decease 
of the Widow, to the several Persons interested therein or their 
legal Representatives according to Law. [Passed January 12. 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-59. 257 



CHAPTER 114. 

ORDER SETTING OFF DIVERS PERSONS WITH THEIR ESTATES FROM 
THE SECOND PARISH IN NEWBURY TO THE FOURTH PARISH 
THEREIN. 

The Committee appointed on the petition of Joshua Bailey and Legislative 
others of NeAvbury [^ante, p. 230, chap. 28] reported according to council, xxn.f 

order. *i*: 

Read and Accepted and thereupon nai"3^/Hri42 

Ordered That Joshua Bailey, David Chase, Stephen Bailey Sar- Hs.'usiieo'iTft! 
geant Smith Joshua Bailey jun'' John Bailey, Hannah Hill and chap'.^f^"' 
Priscilla Bailey with their Estates lying in the second parish in 
Newbury be and hereby are set off to and made part of the fourth 
parish in Newbury, there to do Duty and receive priviledge. [^Passed 
January 12. 



CHAPTER 115. 

VOTE OF THANKS TO BENJAMIN LYNDE, ESQ«. 
In Council Krds'Jf the 

The Hon* Benjamin Lynde Esqr a Member of this Board having council, xxii., 
presented to this Court for the use of the Province Six Folio Vol- Archiv^es^" 
umes containing the Statutes at large from Magna Charta to the iv"'-. 43o.' 
thirtieth year of His present Majesty inclusive House Jour. 

Voted that the thanks of the Court be given to the said Benjamin ° ' ^' 
Lynde Esqr for so valuable a present and to prevent the loss or abuse 
of any of said Volumes it is ordered that they be kept in a Glass 
case under lock & key in the Council Chamber & that the Secretary 
have the charge of them & that no person presume to carry any one 
of them out of the Chamber without special leave of the Governor 
in Council saving only that the Members of this Court be at liberty 
to make use of them either in the Council Chamber or the Chamber 
of the House of Rej)resentatives & that the Secretary be at liberty 
to suffer them to be carried into the Courts of Common Law sitting 
in this House by the Doorkeeper he taking care that they be im- 
mediately returned 

In the House of Rep®^ 

Read and Concurred. {^Passed January 13. 



CHAPTER 116. 

ORDER IMPOWERING THE MASHPEE INDIANS TO DEED LAND AND 
GRANT DIVERS PRIVILEGES TO THEIR MINISTER. 

A Memorial of the Mashpee Indians, Representing that the Legislative 
Commissioners of the Society for propagating the Gospel in New councn^xxiLf 
England &c. have to their great Satisfaction lately settled the Rev'^ 448. Mass. 
M'' Gideon Hawley as a Missionary among them. And praying that xxxiii.,69. 
they may be enabled as a further Encouragement to him in his Work Mass. ' 

to Convey to him in Fee A House Lot of five Acres and to give him xxxun*- 
the Use and Improvement of about thirty Acres of Upland in their House'jour- 



258 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 117, 118.] 



nai, pp. 149, 150, propriety, and to allow him to Mow five tons of Salt Hay yeariy and 
LawsfxvT.^io^ to Cut his Wood on the same during his Ministry, 
chap. 256.' ' Read and 

Ordered, That the Prayer of this Petition be granted ; And That 
the s*^ Indians of Mashpee be, and they hereby are impowered to 
make & execute a good & sufficient Deed of Conveyance in the 
Law of five Acres of the Lands belonging to their propriety, to 
their Said Pastor the Rev*^ M'' Gideon Hawley to Accommodate him 
with a Convenient house Lott; And to grant him the sole use and 
improvement of thirty Acres of their said Lands, that are cleared, 
And to allow him to improve such a Quantity of the salt marsh 
belonging to them as that he may mow yearly five Tuns of good 
hay, and further to allow him to cutt his fire wood off from their 
said propriety during the Time he shall continue in the Ministry 
aitiong them: the whole affair to be under the Conduct & 

Direction of the Guardians of the said Indians. [^Passed Jan- 
uary 16. 



CHAPTEE 117. 

ORDER IMPOWERING JA^ BRAKENRIDGE AND OTHERS OF THE DIS- 
TRICT OF PALMER TO EXECUTE DEEDS. 



Legislative 
Records of the 
Council, xxii., 
449. 

Mass. 
Archives, 
cxvli., 405. 
House Jour- 
nal, pp. 167, 168, 
176, 177, 186. 
Province 
Laws, xi.,723. 
Chap. 28. 



A Memorial of James Brakenridge and others Committee of the 
District of Palmer, setting forth. That in the Grant made them of 
their Lands by the General Court in 1733. they were obliged to lay 
out for the use of the Ministry, and for the Use of the School One 
hundred Acres each, that they accordingly laid out said Land in the 
year. 1735. but they not being conveniently situated for the purposes, 
the Inhabitants have purchased a Farm of 150 Acres for the Use of 
the Ministry in a much better Situation, which Cost them more than 
both the other Lots would Sell for. And praying that they may be 
enabled to make Sale of the two Lots first mentioned and apply the 
produce towards payment for the Lot they have purchased as afore- 
said. 

Read and 

Ordered That the prayer of this petition be so far granted, as that 
the petitioners be and they hereby are Authorized and impowered 
to make and execute a good and sufficient deed or deeds of Con- 
veyance in the Law, of of ' the Ministry Lot mentioned, they pur- 
chasing Lands of equal Value in the most convenient place they can, 
to be held for the same purpose as the Land is, that they shall dis- 
pose of, \^Passed January 15. 



CHAPTER 118. 

ORDER IMPOWERING STEPHEN MAYNARD, ADMINISTRATOR, TO SELL 
REAL ESTATE AND MAKING PROVISION IN REGARD TO THE PRO- 
CEEDS. 



Legislative 
Records of the 
Council, xxii., 
449. 



A Petition of Stephen Maynard of Westborough, setting forth. 
That he has taken out Letters of Administration on the Estate of 
John Rogers late of Westborough deceased and applied the personal 

1 Sic. 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-59. 259 

Estate towards paying the deceaseds Debts, and that there remains House Jour- 
yet unpaid debts to the Amount of £30.10.1. That the Real Estate ?3V; ^'fcovim-e' 
is charged with the Support of the Mother of the deceased, which Liiws, u., isi, 
Estate was Apprized at £228.8/ the Income of which is insufficient 
to support the Mother, "Widow and six Young Children of the de- 
ceased. And praying liberty to Sell the said Real Estate for payment 
of Debts and other purposes aforesaid. 

Read and 

Ordered That the prayer of this petition be so far granted, as that 
the petitioner in his said Capacity of Administrator be and he is 
hereby impowered to make Sale of the Real Estate of the said John 
for the most the same will fetch and to execute a good deed or deeds 
of the same, he observing the Rules in the Law respecting the Sale 
of Real Estates by Executors and Administrators and giving suffi- 
cient caution to the Judge of probate for the County of Worcester 
for applying the Money arising by said Sale to the payment of the 
just Debts due from said Estate, and the Remainder thereof for the 
benefit of the Widow and Heirs of the deceased according to Law. 
[^Passed January 16. 



CHAPTER 119. 

RESOLVE ALLOWING £8 TO JOHN SINCLAIR. 



A Petition of John Sinclair setting forth That he was a Sol- g®^'^^^"^f .v 
dier in the pay of the province in 1757. and taken Prisoner at Fort councu, xxii., 
William Henry, from whence he was carried to Canada where he Archives^' 
suffered great hardships during a long Captivity, And praying Relief, ixxviii., 98. 

Read and Mass. 

Resolved., That there be allowed and paid out of the public Treas- ixxvuH m. 
ury to the Petitioner the sum of Eight pounds in full Consideration nai^pp'^ise^iss 
of his sufferings Mentioned. \^Passed January 16. \m'. 



CHAPTER 120. 

RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Resolved That there be allowed and paid out of the publick Treas- Legislative 
ury to Abraham Gale the sum of Five pounds; to William Holt cmmc'if, xxihf 

twenty shillings, and to Ralph Hemingway Three pounds five shil- ^^ 

lings in full consideration for the Expences in their petitions men- House Jour- 
tioned. [^Passed January 16. 



260 



Province ljA\fs, {Resolves^ etc.). — 1758-59. [Chaps. 121-123.] 



CHAPTER 121. 



Legislative 
Records of the 
Council, xxii., 
451. Mass. 
Archives, 
Ixxvii., 605. 

Mass. 
Archives, 
Ixxvii., 604. 
House Jour- 
nal, pp. 154, 173, 
174. 



RESOLVE ALLOWING 38/8 TO W^ BRABROOK. 

A Petition of William Brabrook, praying an Allowance for five 
weeks and six days service as a Soldier for which he has received no 
consideration. 

Eead and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to William Richardson Esq'' for the use of the Admin'' of the 
Estate of the said Will''^ Brabrook the sum of thirty eight Shillings 
& eight pence in full for five Weeks and six days wages due to the 
said Brabrook as a Soldier in the service on the Frontiers in the 
year 1755, omitted in the Pay-Eoll of the Company he belonged to. 
\_Passed January 16. 



Legislative 
Records of the 
Council, xxii., 
451. 

House Jour- 
nal, pp. 187, 188. 
Ante, p. 24, 
chap. 43. 



CHAPTER 122. 

RESOLVE ALLOWING 40/ TO JOHN STACKPOLE. 

Resolved That there be allowed and paid out of the publick Treas- 
ury to M"" Samuel Jordan for the Use of John Stackpole the sum of 
Forty shillings in full for his Travel and Expences in attending on 
the House of Eepresentatives as an Evidence on the Complaints 
exhibited against Capt. John Smith in the year. 1757. \^Passed 
January 16. 



CHAPTER 123. 



ORDER ADJOURNING THE COURTS OF WORCESTER COUNTY. 



Record^ofthe Whereas divcrs of the Justices of the General Sessions of the 
Council, xxii., peace and Inferiour Court of Common pleas which by Law are to 

^ be holden at Worcester in and for the County of Worcester on the 

Sal^p*! m'^' first Tuesday of February next, are Members of this Court, and the 
Province important Affairs of the province now depending may require their 

chap. 32.' ' Attendance thereupon at said time. 

Ordered That the Courts aforesaid that were by Law to be held 
at Worcester aforesaid on the first Tuesday of February next, be 
and hereby are Adjourned to the second Tuesday of May next, then 
to be holden at Worcester in and for said County at ten o'clock in 
the Forenoon of said day; And all pleas Writs Actions Suits, plaints 
and processes. Precepts Recognizances and other Matter or Matters 
whatsoever returnable or having day in either of said Courts shall 
stand abide and continue unto the said Adjournment, and be held 
deemed and adjudged to be as good effectual and available in Law 
to all intents and purposes whatsoever as if such Courts or either 
of them had been held and kept on the day by Law for holding 
the same, and no Adjournment thereof had been made. [^Passed 
January 17. 



[3d Sess.] Province Laws {Jiesolves, etc.). — 1758-59. 261 

CHAPTER 124. 

RESOLVE ALLOWING 19/6 TO DAVID BENNETT. 

Resolved That there be allowed and paid out of tlie publick Treas- Legislative 
ury to David Bennett one of the Witnesses summoned to attend councif xxi!'*' 
the two Houses on a Complaint exhibited against Zedekiah Stone 453. 
the last year, the sum of Nineteen shillings and six pence for his House Jour. 
Travel and Attendance upon that Affair. \^Passed January 17. ^M^i'p/iss,^^^" 

chap. 351. 



CHAPTER 125. 

RESOLVE ALLOWING 40/ TO TITUS KING. 



A Petition of Titus King of Northampton, a Soldier in the pay Legislative 
of the province at Charlemont, who was taken Captive there in the coundf xxil^ 
year. 1755. praying Allowance for a Gun of his own which the Indians 45i. Mass. 

•; 1 •.111- Archives, 

took With him. ixxviii.,97. 

Eead and Executive 

Resolved, That there be allowed and paid out of the public Treas- counc'if xm^^ 
ury to the Petitioner the sum of forty ShilP in full consideration for 465. House "* 
the Gun he had with him in y® Service at the time he was Cap'tivated pp^is'v'uo. 
by the Enemy in the year 1755. [^Passed January 18.'' 



CHAPTER 126. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
EBEN^ TRUMBLE FOR RE-HEARING AN ACTION. 

A Petition of Ebenezer Trumble of Sheffield in the County of R®^*rd"^f th 
Hampshire; praying that he may be allowed a Eehearing on an Council, xxu., 

Action brought against him by John Ashley Esq"' at the Inferiour ^— 

Court held at Springfield in May last where he was defaulted, he na^tf 193"''" 
relying on the repeated promises of the said John, on his proposing 
terms of Settlement that the same should not be entered at said 
Court, and that he may be allowed to file his Account against the 
said John at some future Court to be held for said County, and that 
Execution may be stayed in the mean time. 

Read and 

Ordered that the petitioner serve the Adverse party, John Ashley 
Esq"" with an Attested Copy of this petition, that he shew cause (if 
any he have) on the second Thursday of the next Sitting of this 
Court, why the prayer thereof should not be granted. And that 
Execution issued on the Judgment mentioned be staid in the mean- 
time provided that the petitioner give sufficient caution to the Sheriff 
of the County of Hampshire to pay all such Sum or Sums of Money 
as shall be finally recovered against him with Interest thereon from 
this time. [Passed January 18. 

' Sic. 

^ This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is January 16. 



262 



Province Laws {Resolves^ etc. ) . — 1758-59. [Chaps. 127-129.] 



Legislative 
Records of the 
Council, xxii., 
454. 

House Jour- 
nal, pp. 119, 125. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTEE 127. 

ORDER IMPOWERING EZRA TAYLOR, ADM=, TO SELL REAL ESTATE. 

A PETiTioisr of Ezra Taylor of Southborough in the County of 
Worcester, Administrator of the Estate of John Butler ' late of 
Framingham in the County of Middlesex deceased, setting forth 
that the deceaseds debts already brought in, exceed his personal 
Estate near Twenty pounds; That the whole of the Eeal Estate 
consisting of Seventy Acres of Wild Land in Eutland East Wing 
was apprized At no more than Fifty three pounds six shillings and 
eight pence; And praying that he may have liberty to Sell the same 
he to be Accountable for the produce of said Sale according to Law. 

Eead and 

Ordered That the prayer of this petition be granted, and that the 
petitioner be and he is hereby authorized and impowered in his said 
Capacity of Administrator to make Sale of the Lands mentioned for 
the most the same will fetch and to make and execute a good and 
sufficient deed or deeds of Conveyance of the same, he observing 
the directions of the Law with respect to the Sale of Eeal Estates 
by Executors and Administrators, and giving sufficient caution to 
the Judge of probate for the County of Middlesex to Account for 
the proceeds of said Sale, agreeable to the directions of the Law. 
\^Passed January 18. 



CHAPTER 128. 



Legislative 
Records of the 
Council, xxii., 
4.15. Mass. 
Archives, 
xxxiii., 74. 

Mass. 
Archives, 
xxxiii., 73. 
House Jour- 
nal, pp. 110, 195. 



RESOLVE ALLOWING £5 TO PHILLIP METACK, INDIAN. 

A Petition of Phillip Metack an Indian Man of Marthas Vine- 
yard, setting forth, that he was a Soldier in the pay of the province 
in the year. 1757. and was taken prisoner at Fort William Henry and 
remained in Captivity till October last when he made his Escape ; And 
praying Eelief. 

Eead and 

Resolved, that there be allowed and paid out of the public Treas- 
ury to the Petitioner the sum of five pounds in full Consideration 
of his Sufferings mentioned. [^Passed January 18. 



CHAPTER 129. 



Legislative 
Records of the 
Council, xxii., 
455. Mass. 
Archives, cxi., 
437. 

House Jour- 
nal, pp. 168, 169. 



ORDER GRANTING TO JOSIAH DRURY LICENCE TO KEEP AN INN. 

A Petition of Josiah Drury of Framingham in the County of 
Middlesex; praying that the Court of General Sessions of the peace 
for the County of Middlesex may be impowered at their Session in 
March next to grant him a Licence to keep a Tavern in said Town, 
the person who used to keep a House of publick Entertainment 
there, having declined the business. 

Eead and 

• The House Journal reads, " Bullen." 



[3d Sess.] Province Laws (Mesolves, etc.). — 1758-59. 263 

Ordered, That the Prayer of this Petition be so far granted, as 
that the Court of General sessions of the Peace for the County of 
Middlesex, be and they hereby are impowered at their Next Term, 
to grant the Petitioner a Licence (if they see Cause) to keep an 
house of public Entertainment in the Town of Framingham, he 
producing the Approbation of the Select Men of said Town, the 
Time for granting Licences being elapsed notwithstanding. {^Passed 
January 18. 



CHAPTER 130. 

VOTE DIRECTING W" BOLLAN, ESQ", TO REMIT PARLIMENTARY GRANT 
AND APPOINTING A COMMITTEE TO PREPARE INSTRUCTIONS THERE- 
FOR. 

In the House of Eep^^ Legislative 

Voted, That William Bollan Esq' be directed to remitt to this councif.xxii.f 
Province the Parliamentary Grant for Eeimbursing them the Charges Archi^es^^" 
incurred by Supplying the forces raised by this Governm* with Pro- xxii., 70.' 
visions in y*^ year 1756, now in his hands, agreeable to the Instruc- House Jour- 
tions he may receive from this Court; And That Col" Ruggles M' prov'ince^' 
Flucker, Col° Gerrish Col° White and Col° Cotton with such as ^hT^'u/'' ^^^' 
the hon** Board shall join be a Committee to prepare Instructions 
accordingly And report. 

In Council Read and Concur'd and John Osborne, Benj^ Lynde 
Stephen Sewell and W°' Brattle Esq" are joined in the Affair. 
\^Passed January 18. 



CHAPTER 131. 

VOTE ALLOWING BOUNTY TO SOLDIERS ENLISTING FOR SERVICE AT 
FORT HALIFAX AND THE BLOCK HOUSE AT CUSHNOC. 

Voted That there be allowed to be paid out of the publick Treas- Legislative 
ury three dollars each to such Soldiers not exceeding eighteen in ^oundf xxu^ 
number as shall inlist into the Service at Fort Halifax and the Block ^57. 
house at Cushnoc for the space of twelve Months, or of five dollars House .Jour, 
each to such of said number of Soldiers as shall inlist into said Ser- ^^^' ^' ^'*'' 
vice for the space of two Years, And that his Excellency the Captain 
General be desired to give orders for inlisting said Men accordingly. 
\^Passed January 18. 



CHAPTER 132. 

RESOLVE ALLOWING £750 TO THE JUSTICES. 

Resolved that the Sum of Seven hundred and Fifty pounds be Legislative 
Granted & paid out of the Public Treasury to the Hon''"^ Justices coSSxii?.? 
of the Superiour Court of Judicature, Court of assize & General 457. Mass. 
Goal Delivery for their Services for one Year ending the first instant. ^\v^r^r,\ 
[Passed January 18. House Jour. 

nal, p. 195. 



264 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 133-136.] 



Legislative 
Records of the 
Council, xxii., 
457. Mass. 
Archives, 
xliv., 394. 

House Jour- 
ual, p. 195. 



CHAPTER 133. 

RESOLVE ALLOWING £40 TO THE CHIEF JUSTICE. 

Resolved that the sum of Forty pounds be Granted & paid out 
of the public Treasury to the Hon'"'' Stephen Sevvall Esq'' in con- 
sideration of his faithfull Discharge of the important Trust reposed 
in him as Chief Justice and for his further encouragement therein. 
\_Passed January 18. 



CHAPTER 134. 



RESOLVE ALLOWING £250 TO THE PRESIDENT OF HARVARD COLLEGE. 



Legislative 
Records of the 
Council, xxii., 
457. 

House Jour- 
nal, p. 196. 



Resolved That the sum of Two hundred and fifty pounds be granted 
and allowed to be paid out of the publick Treasury to the Reverend 
M'' Edward Holyoke president of Harvard College over and above 
the Rents of Massachusetts Hall for one year ending the tenth day 
of September next, to be paid Quarterly. \^Passed January 18. 



CHAPTER 135. 



RESOLVE ALLOWING £100 TO THE HOLLISIAN PROFESSOR OF DIVINITY 

AT HARVARD COLLEGE. 



Legislative 
Records of the 
Council, xxii., 

458. 

House Jour, 
nal, p. 196. 



Resolved That there be granted and allowed to be paid out of the 
publick Treasury to the Rev*^ Docf Edward Wigglesworth Hollisian 
Professor of Divinity at Harvard College in Cambridge the sum of 
One hundred pounds as a Gratuity in consideration of his faithful 
discharge of the great and important Trust reposed in him, and for 
his further encouragement therein. \^Passed January 18. 



CHAPTER 136. 



RESOLVE ALLOWING £50 TO THE SECRETARY. 



Legislative 
Records of the 
Council, xxii., 

458.' 

House Jour- 
nal, p. 196. 



Resolved That the sum of Fifty pounds be granted and allowed 
to be paid out of the publick Treasury to the honourable Andrew 
Oliver Esq'' Secretary of this province for his Services for one year 
ending the sixth day of December last. \^Passed January 18. 



[3d Sess.] Province Laws (^liesolves^ etc.). — 1758-59. 265 

CHAPTEK 137. 

RESOLVE ALLOWING £90 ADDITIONAL TO THE SECRETARY. 

Resolved That the sum of Ninety pounds be granted and allowed i;^^*^'?"^^,!, 

, ., »,, iTim 11 1141 Records of the 

to be paid out oi the publick Treasury to the honourable Andrew council, xxii., 
Oliver Esq"" Secretary of this province in consideration of his extraor- 



458. 



dinary Services to the sixth day of December last. [Passed Jati- ^°i"p® ii?(,"^' 

nan/ 18. Sw^m, chap. 

136. 



CHAPTEK 138. 

RESOLVE ALLOWING £90 TO THE PROFESSOR OF MATHEMATICKS AT 

HARVARD COLLEGE. 

Resolved That there be granted and allowed to be paid out of the Legislative 
publick Treasury to John Winthrop Esq' Hollisian professor of the councn^ xxil* 
Mathematicks and Natural philosophy at Harvard College in Cam- 458. 
bridge the sum of Ninety pounds as a Gratuity in consideration of House Jour- 
his faithful discharge of that Trust reposed in him, and for his • » • ■ • 
further encouragement therein. [Passed January 18. 



CHAPTER 139. 

RESOLVE ALLOWING £267 TO THE PROVINCE TREASURER. 

Resolved That the sum of Two hundred and Sixty seven pounds Legislative 
be granted and allowed to be paid out of the publick Treasury to councif xxil'^ 
Harrison Gray Esq'' Treasurer and Receiver General of his Majesty's 458. 
Revenues of this province for a Years Service ending the 23*^ of House Jour. 
December last. [Passed January 18. nai.p.we. 



CHAPTER 140. 

RESOLVE ALLOWING 4/ PER DIEM TO THE SPEAKER. 
In the House of Rep''^^ Legislative 

Resolved That there be Granted & Allowed to be paid out of the council, xxii., 
public Treasury the sum of four' shillings ^ Diem to the Hon*"'" Archiv^es^ h 97. 
Tiiomas Hubbard Esq"" Speaker of the House for every day of his House Jour — 
attendance in the General Court from the opening of the Session nai, p. 196. 
on the 31^' day of may 1758 over & above his pay as a member of 
this House. 

In Council Read & Concurred. [Passed January 18. 



266 



PROvmcE Laws {Resolves, etc.). — 1758-59. [Chaps. 141-145.] 



Legislative 
Records of the 
Council, xxii., 
459. 

House Jour- 
nal, p. 196. 



CHAPTER 141. 

RESOLVE ALLOWING £75 TO THE CLERK OF THE HOUSE. 

Resolved That there be granted and allowed to be paid out of the 
publick Treasury the sum of Seventy five pounds to Henry Gibbs 
Esq'' Clerk of the House of Kepresentatives for his Service during 
the several Sessions of the General Court the current Year. \^Passed 
January 18. 



CHAPTER 142. 



Legislative 
Records of the 
Council, xxii., 
459. Mass. 
Archives, xiv., 
98. 

House Jour- 
nal, p. 197. 



RESOLVE ALLOWING £6 TO THE CHAPLAIN TO THE BOARD. 

Resolved that there be allowed & paid out of the public Treasury 
the sum of Six pounds to the Rev*^ M'' Jeremy Condy, Chaplain to 
the Hon'''*' Board the Current Year. \^Passed January 18. 



Legislative 
Records of the 
Council, xxii., 
459. Mass. 
Archives, xiv., 
99. 

House Jour- 
nal, p. 197. 



CHAPTER 143. 

RESOLVE ALLOWING £6 TO THE CHAPLAIN TO THE HOUSE. 

Resolved that there be allowed & paid out of the public Treasury 
the sum of Six pounds to the Rev'' M"" Samuel Cooper Chaplain to 
the House of Representatives the Current Year. \^Passed January 18. 



CHAPTER 144. 

RESOLVE ALLOWING £50 TO LIEUT. JOHN LARRABEE OF CASTLE 

WILLIAM. 



Record "ofthe Resolved That there be allowed and paid out of the publick Treas- 
Councii, xxii., ury the sum of Fifty pounds to John Larrabee Lieutenant of his 

^— — Majesty's Garrison at Castle William in consideration of his faith- 

nail^p! 197:^' ^^ discharge of that Trust reposed in him. \Passed January 18. 



CHAPT.ER 145. 

RESOLVE ALLOWING £60 AND A FURTHER SUM OF £40 TO THE DOOR- 
KEEPER. 



Legislative 
Records of the 
Council, xxii., 
459. Mass. 
Archives, 
xliv., 396. 

House Jour- 
nal, p. 197. 



Resolved that there be allowed & paid out of the Public Treasury 
the sum of Sixty pounds to M' William Baker, Door Keeper to his 
Excellency the Governor & this Court for his Service for one Year 
to be paid Quarterly, and also the further sum of Forty pounds in 
consideration of his Expence in hiring assistance, & extraordinary 
care & Trouble as Door Keeper. \^Passed January 18. 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-59. 267 



CHAPTEE 146. 

RESOLVE ALLOWING £18.16 TO TITUS KING. 

A Petition of Titufi King of Noriliampton. in the County of ^°,"^^ '',°"'';„, 

, . . ,.111 fi iT • ,1 T-i nal, pp.lnft, 1/3. 

Hamushire, setting torth, that he was a Soldier in the Jborces em- : ■ 

ployed for the Defence of the Western Frontiers, and captivated Records of the 
by the Indian Enemy in Jime 1755; that he continued in their Council, xm., 
Hands & among the French 'till Sejitemier 1757, when he paid 
his Kansom with Money borrowed of some English Gentlemen in 
Canada, which he now owes, and was transported to England, from 
thence to Neio-Jerseij, and arrived home after suffering innumerable 
Hardships by Sickness and otherways, in his Absence; and praying 
such Allowance for his Expences and Sufferings, as shall be judged 
reasonable. 

Read, and [report] accepted, and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to the Petitioner, the Sum of Eighteen Pounds sixteen Shillings, 
in full Consideration of his Sufferings and Expences mentioned.' 
[Passed* January 19.'' 



CHAPTEE 147. 

ORDER IMPOWERING PATIENCE WOODS, ADM^, AND DANIEL FORBUSH, 

GUARDIAN, TO SELL LAND. 

A Petition of Patience Wood Administratrix of the Estate of i^^^^Jf^Yth 
her late Husband Solomon Wood of Westborough deceased, and of council, xxn., 

Daniel Forbush Guardian of Isaac Woods of said Westborough a — . 

person Non Compos, setting forth that the deceaseds personal Estate nai^pp'uio'^iQS 
is not sutRcient to pay his Debts, that his Real Estate consisting of i99.' Province' 
Fifty Acres of Land was apprized at One hundred and sixty pounds, ^hapf'io."' ^^^' 
twenty five Acres of which is Mortgaged for the support of the 
deceaseds Brother Isaac Woods a person Non Compos; and that 
the deceased was under Obligation to support his antient Mother 
still living, and There being likewise eight Children, all under Six- 
teen years of Age to be maintained out of said Estate ; praying for 
leave to Sell the same, they to be accountable for the produce accord- 
ing to Law. 

Read and 

Ordered, That the prayer of this petition be granted, and that 
the petitioners be and they hereby are impowered in their said 
Capacities to make Sale of the whole of the Fifty Acres of Land 
mentioned for the most the same will fetch, and to execute a good 
and sufficient deed or deeds of Conveyance thereof in the Law, 
they observing the directions of the Law respecting the Sale of 
Lands by Executors & Administrators and giving sufficient caution 
to the Judge of Probate for the County of Worcester to apply the 
proceeds thereof for the purposes mentioned and duly to Account 
for their proceedings therein. [Passed January 19. 

' Not found in Legislative Record.s of the Council, xxii. 

- This date is according to Executive Records of the Council; according to the House 
Journal the date is January 12. 



268 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 148-150.] 



CHAPTER 148. 



RESOLVE ALLOWING £4. 13. lOi TO GERSHOM NEWTON. 



Legislative 
Records of the 
Council, xxii., 
461. Mass. 
Archives, 
Ixxviii., 147. 

Mass. 
Archives, 
Ixxviii., 147. 
House Jour- 
nal, pp. 165, 200. 



A Petition of Gershom Newton, a Soldier in the Crown point 
Expedition in 1757. Setting forth that he was omitted in the Muster 
Poll, and praying an Allowance for two Months and seventeen days 
service. 

Pead and 

Resolved that there be allowed and paid out of the public Treas- 
ury to Jos: Buckminster Esq"^ for y^ Petitioner's use the sum of four 
pounds thirteen shilP & ten pence half peny in full of what y® said 
Gershom was Made up short in Cap* Ball's Muster Poll for y*^ Cam- 
paign in y® Year 1757. [^Passed January 19. 



Legislative 
Records of the 
Council, xxii., 
462. Mass. 
Archives, xix., 
675. 

Mass. 

Archives, xix., 
674. House 
Journal, pp. 80, 
107, 165. 



CHAPTER 149. 

I 

ORDER IMPOWERING THE JUDGE OF PROBATE FOR THE COUNTY OF 
SUFFOLK, TO TAKE A BOND FROM ROYALL TYLER, EXECUTOR. 

A Petition of Poyal Tyler Esq'' Executor of the last Will and 
Testament of his Father William Tyler Esq'' late of Boston deced. 
setting forth, That the Testator after several Specific Legacies devised 
the Pemainder of his Estate among his four Children equally, and 
made the petitioner sole Executor of his Will, That all the others 
interested with the petitioner in the said residuary devise are desir- 
ous that the petitioner giving Bond to pay the debts and Legacies 
may be excused from making such Inventory which by the literal 
Construction of the Law he is obliged to do; And praying that the 
Judge of Probate for the County of Suffolk may be enabled to accept 
of such Bonds in lieu of an Inventory. 

Pead and 

Ordered, That the Prayer of this Petition be so far granted, as That 
the Judge of Probate for the County of Suffolk be, And he hereby is 
Authorized and impowered to take Bond with sufficient sureties of 
the Petitioner to pay the Debts and Legacies of the deceased as 
Mentioned; And That upon the Petitioners giving Bond as afore- 
said, he be excused from exhibiting an Inventory of the said de- 
ceased's Estate. ^Passed January 19. 



CHAPTER 150. 

VOTE ACCEPTING REPORT OF COMMITTEE ON INSTRUCTIONS TO MR. 
BOLLAN IN REGARD TO PARLIMENTARY GRANT. 



Legislative 
Records of the 
Council, xxii., 
461. Mass. 
Archives, 
xxii., 71. 

House Jour- 
nal, pp. 199, 204. 
Ante, p. 263, 
chap. 130. 



The Committee appointed the IS"" Instant to prepare Instruc- 
tions to William Bollan Esq' reported as follows, Signed by order 
of the Committee. 

J. Osborne. 

You are hereby directed to Ship the Money granted by Parliament 
for reimbursing the Charges incurred by this Government for sup- 
plying the Forces with provisions in the year. 1756. now in your 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-59. ' 269 

hands in one of his Majesty's Ships directly to Boston consigned to 
Harrison Gray Esq' Treasurer in Johanna's of full weight if to be 
procured, or otherwise in other portugal or Spanish Cold. But if no 
Kings Ships should be coming to Boston direct, You are to inquire 
if any of the Kings Ships arc bound to New York, Halifax or Louis- 
bourg, and upon finding such Conveyance, You are to make Appli- 
cation to the Lords of the Admiralty for liberty to Ship the Money 
aboard and for orders for such Ship to proceed therewith to Boston, 
after having delivered her dispatches at either of the places afore- 
said, and to get the same insured on the best terms you can. 
Read and Accepted. \^Passed January 20.^ 



CHAPTER 151. 

ORDER ALLOWING £5. 13. 8 TO STEPHEN STEARNS, ADM« 

A Petition of Stephen Stearns Administrator of the Estate of Legislative 
his late Brother Daniel Stearns of Hardwick deceased. Setting forth councif, xxii.f 
That his said Brother was a Soldier in the Crownpoint Expedition Arcinv^es^^" 
in the year. 1755. who returned home Sick and died, And praying ixxvii., 2k. 
an Allowance for the Expence of his Sickness; which petition passed Legislative 
the two Houses 25 March last coSxxi^ 

Read And Rlconi^^'of'tiif 

Ordered, That this Petition be revived, and That there be allowed Council, xiii., 

to be paid out of y*^ Public Treasury to y<= Petitioner the sum of five journti,"°"'^ 

pounds thirteen shills and eight pence in full for y® Charges of his ?|i' ^^1; ^I^^Kg-,. 

said Brothers Sickness and Doctors Bill mentioned. \_Passed Jan- pp.'204,'205. 

uary 20. 



CHAPTER 152. 

ORDER IMPOWERING MEHET'*^ DUNNEL, ADM^, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Mehetable Dunnel Administratrix of the Estate Legislative 
of her late Husband Jonathan Dunnel Jun"' late of Sutton in the councff xxii*^ 
County of Worcester, setting forth. That the deceased's personal 463. 
Estate was apprized at twenty nine pounds ten shillings, that the House Jour- 
debts Funeral Charges &c. amount to almost Twenty three pounds prov'inc^^' 
without any Allowance to her for Housekeeping; That his Real Laws, ii., 151, 
Estate was apprized at One hundred thirty three pounds 6/8 three 
Acres part whereof was apprized at Six pounds 13/4 lying at some 
distance from the rest, which She prays She may be impowered to 
make Sale of She to be Accountable. 

Read and 

Ordered That the prayer of this Petition be granted, and that 
the petitioner in her Capacity as Administratrix be and She hereby 
is impowered to make Sale of the three Acres of Meadow within 
mentioned for the most the same will fetch first posting up Notifi- 
cation of the time and place of Sale agreeable to the Rules pre- 
scribed in the Law of the O^'^ Geo. 1. ch. 3. directing how Executors 
or Administrators shall proceed in the Sale of Housing and Land; 

> This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is January 19. 



270 



Province Laws (^Resolves, etc.). — 1758-59. [Chaps. 153, 154.] 



and that the Money arising by such Sale be applied towards the 
payment of the deceaseds debts, and the Overplus (if any be) be 
divided among the proper Heirs of the Deceased agreeable to Law, 
She first giving due caution to the Judge of Probate for the County 
of Worcester to be Accountable. \^Passed January 20. 



Legislative 
Records of the 
Council, xxii., 
465. 

House Jour- 
nal, p. 206. 
Ante, p. 232, 
chap. 56. 



CHAPTER 153. 

VOTE TO CONTINUE THE ESTABLISHMENT FOR THE FORTS AND GAR- 
RISONS ON THE EASTERN & WESTERN FRONTIERS. 

Voted that the Establishment of Pay and Subsistence of Officers 
and Soldiers at the several Forts and Garrisons on the Eastern and 
Western Frontiers passed this Court in tlieir Session in October last, 
and now expired be and the same hereby is continued from the time 
of the expiration thereof, until the next sitting of the Court. [^Passed 
January 22. 



Legislative 
Records of the 
Council, xxii., 
465. 

House Jour- 
nal, pp. 209, 210. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 154. 

ORDER IMPOWERING JAMES BALDWIN, ADM*, AND MEHETABLE RICE, 
ADM-^, TO SELL LAND AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of James Baldwin Administrator, and of Mehetabel 
Eice Administratrix of the Estate of Nathan Rice late of Spencer 
deceased, Setting forth That the deceased's personal Estate is not 
sufficient to pay his debts, that the Real Estate was apprized at 
£38.13.4 and as it is necessary that a part thereof should be sold 
for payment of debts; praying for liberty to sell the whole; they 
to be Accountable. 

Read and 

Ordered that the prayer of this petition be granted, and that the 
petitioners in their Capacity be and they are hereby impowered to 
make Sale of the Real Estate of the deceased for the most the same 
will fetch, and to execute a good deed or deeds in the Law for con- 
veying the same they first duly posting up Notifications of the time 
and place of Sale agreeable to the Law of the sixth of King George 
the first. Chap. 3^ relating to Executors and Administrators pro- 
ceedings in the Sale of Housing and Land and giving Caution to 
the Judge of probate for the County of Worcester; that the Money 
arising by such Sale be applied as follows, Viz' the Interest of one 
third part thereof to be for the Use of the Deceaseds Widow during 
Life and at her death to be divided among the proper Heirs of the 
Deceased, and the remaining two thirds be applied for the payment 
of the deceaseds debts, and that the residue be put to Interest for 
the use and advantage of the Minors, \Passed January 2S. 



[3d Sess.] Province Laws (liesolves, etc.). — 1758-59. 271 



CHAPTER 155. 

ORDER IMPOWERING JONATHAN FAIRBANKS, ADM« TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. . 

A Petition of Jonathan Fairbanks Administrator of the Estate Legislative 
of Benjamin Glazier late of Lancaster in the County of Worcester councu, xlii\ 
deceased, setting forth, That the deceaseds Debts exceed his per- ^«6. 
sonal Estate more than Twenty two pounds; That his Real Estate House Jour, 
was apprized at Eighty six pounds thirteen shillings and four pence, prov'ince ' 
That to set off the Widows thirds, and then sell sufficient to pay the ^ifap!'io.' ^■'^^* 
Debts would spoil the whole, That there are three Children, the 
eldest about eight years old; and praying liberty to sell the whole 
of said Real Estate for the benefit of those interested therein, after 
paying the deceaseds Debts. 

Read and 

Ordered That the prayer of this petition be granted, and that the 
petitioner in his said Capacity be and he is hereby impowered to 
make Sale of the Real Estate of the deceased for the most the same 
will fetch, and to make »& Execute a good deed in the Law for con- 
veying the same, he first posting up Notifications of the time and 
place of Sale agreeable to Law of the 6*'' Geo. 1. Chap. 3. relating 
to Executors and Administrators proceedings in the Sale of Hous- 
ing and Land; and giving caution to the Judge Of Probate for the 
County of Worcester, that the Money arising by such Sale be applied 
as follows. Viz* the Interest of one third part thereof to be for the 
use of the Widow of the Deceased during Life; and at her Death 
to be divided among the proper Heirs of the Deceased; and the 
remaining two thirds to be applied for the payment of the deceaseds 
debts, and that the Residue be put to Interest for the use and ad- 
vantage of the Minors. [Passed January 23. 



CHAPTER 156. 

ORDER IMPOWERING JOHN BRADISH, EXECUTOR, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of John Bradish of Hardwick in the County of i^^ia'ative 

nil TTT-Ti 1 m /• T 1 /-I Records 01 tue 

Worcester, Executor of the last Will and Testament oi John Green council, xxii., 

late of said Hardwick Tanner deceased, setting forth that on the — 

24 June. 1755. the said John made his last Will and soon after Died na^i^ppa^Xsio, 
leaving a Wife and two Children, both under three years of Age or 211.' ProWnce 
thereabouts; That the personal Estate is barely sufficient to pay the cbap.'io.' 
Debts, and the Real Estate consists of about Sixty Acres of Land 
mostly unimproved with some Buildings thereon, which is given 
equally to his two Children, the Widow to have the Improvement 
of one third during Life; That the profits of the place are not suffi- 
cient to keep it in repair and support the Children, And praying 
liberty to sell the same for the benefit of the concerned. 

Read and 

Ordered that the prayer of the petition be granted, and the peti- 
tioner is hereby fully impowered in his said Capacity to make Sale 
of the Real Estate of the deceased for the most the same will fetch, 



272 



Province IjAVfS, {Resolves, etc.). — 1758-59. [Chaps. 157, 158.] 



and to execute a good deed or deeds for conveying the same first 
duly posting up Notifications of the time and place of Sale agree- 
able to the Law of 6 Geo. 1. Ch. 3. relating to Executors and Ad- 
ministrators proceedings in the Sale of Housing and Land, and 
giving caution to the Judge of probate for the County of Worces- 
ter that the Money arising by such Sale shall be applied as follows, 
Viz'^ the Interest of one third part thereof to be for the use of the 
deceased's Widow during Life, and at her death to be divided to 
and among the proper Heirs of the deceased, and the remaining 
two thirds be applied for the payment of such debts as may be still 
due, and the residue be put to Interest for the Use and advantage 
and proper Support of said Minors, and be put into the hands of 
their Guardians for that purpose. {^Passed January 28. 



Legislative 
Records of the 
Council, xxii., 
467. Mass. 
Archives, cxx., 
244. 

Mass. 

Archives, cxx., 
242. House 
Journal, 
pp. 175, 176. 



CHAPTEK 157. 

ORDER GRANTING TO JOS. CANDISH AND MARGARET FREEMAN 
LICENCES TO SELL STRONG DRINK. 

A Petition of Joseph Candish and Margaret Freeman of Boston 
Retailers, setting forth That they have been licensed for divers years 
past to sell Spirituous Liquors in the Town of Boston, but that since 
they last renewed their Licences they have removed to other Houses 
a little distant from those they formerly lived in ; And praying that 
the Court of General Sessions of the peace to be held at Boston 
January instant may be impowered to grant them Licences to retail 
Spirituous Liquors at the Houses where they now dwell, 

Eead and 

Ordered, That this Petition be so far granted. As that the Justices 
of the Court of General Sessions of the peace for the County of 
Suffolk, be and y^ hereby are impower'd at their present Sitting to 
grant the Petitioners Licences (if they see fit) to retail Spirituous 
Liquors in the Town of Boston at the houses where they now dwell, 
they producing the Approbation of the Select Men of said Town, 
the Time for granting Licences being elapsed Notwithstanding. 
\_Passed January 23. 



CHAPTER 158. 



RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxii., 

468. 



Resolved That there be allowed and paid out of the publick Treas- 
ury to Joseph Gerrish Esq'' for the use of Benjamin Coffin, Four 
pounds; To Capt. Jabez Upham for the Use of Hannah Stevens 
Forty shillings, and for the Use of Robert Clafflan Forty shillings 



Mass. 

Archives, ., „ 

•w ^HouV^^' ^^ ^^^^ consideration of the Expences in their petitions mentioned 
Journal, p. 191. \_Passed January 23. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1758-59. 273 

CHAPTER 159. 

RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Resolved That there be allowed and paid out of the publick Treas- Legislative 
ury to M"' Daniel Giddinge for the use of Samuel Lord Five pounds; councif xxii!^ 
To Capt. Jabez Upham for the use of Elnathan Beers Forty six ^6^- 
shillings, and for the Use of Susanna Walker Five pounds; and to Mass. 
M"" Henry Herrick for the use of John Clark, Three pounds ten i^x*v\\T,567,635; 
shillings in full consideration of their Expences in their petitions HoJgeJoui. 
mentioned. \_Passed Jauiiary 23. nai, p. i98. 



CHAPTER 160. 

ORDER GRANTING TO ELIZ'^ GEORGE LICENCE TO SELL STRONG DRINK. 

A Petition of Elizabeth George of Boston Widow, praying that ^^^^^if^^^.y, 
the Justices of the Court of General Sessions of the peace for the council, xxu., 
County of Suffolk may be impowered at their next Sitting to grant Archives cxx., 
her a License to retail Spirituous Liquors at her Dwelling house in 3i7. 

said Town Mass. 

Ti J ^;\ Archives, cxx., 

Read and 316. House 

Ordered that the Prayer of this Pet" be so far granted as that the Journal, p. 216. 
Justices of the General Sessions of the Peace be and hereby are 
authorized to grant the Pef a Licence for retailing Strong Liquors 
without Doors at their present sitting (if they see fit) she first Ob- 
tain^ the Approbation of the Select men of the Town of Boston. 
\Pas8ed January 24.^ 



CHAPTER 161. 

RESOLVE ALLOWING 50/ TO JAMES CHILDS. 

A Petition of James Childs of Barnstable, setting forth That R®^'^|f**"7ti, 
his Servant Dominic Macdomac was a Soldier in the Western Ex- council, xxii., 
pedition in 1757. and died in the Service, so that he could not become ArchivesT' 
Accountable for his Gun, notwithstanding which there is fifty shil- ixxviii.,i'3i. 
lings deducted from his Wages on Account thereof; And praying House Jour. 

Relief. ffl:«'°'- 

Eead and ci^ap. 199. 

Resolved, That there be allowed and paid out of the Public Treas- 
ury to Edward Bacon Esq'' for the Petitioner's use the sum of fifty 
Shillings stopped out of the Wages due on the Muster-Roll to his 
Servant Dominick M^Domack; who died in the service in the year 
1757, on account of his Arms not being returned. \^Passed Jati- 
uary 24. 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is January 23. 



274 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 162-164.] 



CHAPTER 162. 



Legislative 
Records of the 
Council, xxii., 
470. Mass. 
Archives, 
Ixxviii., 8. 

House Jour- 
nal, pp. 167, 209. 



RESOLVE ALLOWING 40/ TO ELIZ'^ PRITCHETT. 

A Petition of Elizabeth Pritchett of Grafton, setting forth That 
her Son Jonathan Pritchett went in the pay of this Government in 
the Crown point Expedition in 1756. that he returned Sick from 
Lake George so far as Albany, and there died, that he carried his 
own Gun which together with his Cloathing was lost And 

praying Relief. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to Cap* Henry King for the Petitioner's use the sum of forty 
Shillings in Consideration of the Loss of the Gun Mentioned, which 
her Son Jonathan Pritchet since deceased, carried with him into 
the service in the year 1756. {^Passed January 24. 



CHAPTER 163. 

ORDER IMPOWERING HARRISON GRAY, ESQ^, & OTHERS, EXECUTORS, 
TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO 
THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 
470. Mass. 
Archives, xix., 
676. 

Mass. 

Archives, xix., 
676. House 
Journal, 
pp. 134, 135, 174, 
211. Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Harrison Gray Esq*" and others Executors of the 
last Will and Testament of M'' Edward Gray late of Boston deceased, 
praying for leave to sell a part of a Dwelling house in Kingston 
taken by Execution on a Judgment recovered against one Joseph 
Stetson, they to be Accountable. 

Read and 

Ordered, That the Prayer of this Petition be granted, and That 
y® Petitioners be and they hereby are enabled and impowered to 
make Sale of the Premisses mentioned, and to make and execute 
a good Deed or Deeds in the Law for conveyance thereof, the Peti- 
tioners first giving Bond to the Judge of probate for the County 
of Suffolk, to pay to all the Interested that are of Age, and to the 
Guardians of such of them as are under Age, their respective shares 
of the neat proceeds of such Sale, as soon as the same are received, 
and also observing the Direction of the Law of this province relating 
to the Sale of Intestates Estates. \^Passed January 24. 



CHAPTER 164 



ORDER GRANTING TO ABIGAIL CUTLER LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, xxii., 
470. Mass. 
Archives, cxi., 
434. 

Mass. 

Archives, cxi., 
433. House 
Journal, 
pp. 166, 167. 



A Petition of Abigail Cutler of Brookfield in the County of 
Worcester, praying That the Court of General Sessions of the peace 
for the County of Worcester may be impowered to grant her a Licence 
at their next Sitting to keep a House of publick Entertainment where 
Her late Husband John Cutler deceased kept the same. 

Read and 

Ordered, That the Prayer of this Petition be so far granted, as 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-59. 275 

That the Justices of the Court of General Sessions of the peace 
for the County of Worcester be and they hereby are impowered at 
their next Term to grant the Petitioner a Licence (if they see fitt) 
to keep an house of public Entertainment in the Town of Brook- 
fiold, she first Obtaining the Approbation of the select men of said 
Town, the Time for granting Licences being elapsed notwithstand- 
ing. \^Passed January 24. 



CHAPTER 165. 

ORDER RELEASING WM. RAWSON, JUN«, FROM A FINE FOR NON 

APPEARANCE AT COURT. 

A Petition of William Eawson jun"" of Mendon in the County Legislative 
of Worcester, setting forth That he was presented by the Grand Records of the 

Jury m J^ebruary. 1754. and recognized to appear at the Court of 47L 

Sessions to be holden for said County in May following, where his House Jour- 
Eecognizance was declared forfeited that the said Court ordered a '^'^i.pp-I''*'!^!- 
new Warrant to issue against him and at the Court of Sessions held 
in August following, he was fined Forty pounds and Costs, and on 
a Scire facias issued against him for forfeiture of his said Recogni- 
zance Judgment at the Inferiour Court held at the same time was 
given against him for Fifty pounds and Costs, which he must pay 
unless relieved by this Court, And praying that his unhappy Cir- 
cumstances may be considered and he released from paying the said 
Forfeiture. 

Eead and 

Ordered That the prayer of this petition be granted ; and that 
the petitioner be and he hereby is discharged and released from 
paying the said sum of Fifty pounds or any part thereof, forfeited 
to the use of this Government by his Non Appearance at the Court 
of Sessions mentioned agreeable to his Recognizance together with 
all Costs arising thereon, And that the Sheriff of the County of 
Worcester to whom was delivered the Execution issued on the 
Judgment of the said Inferiour Court conform himself accord- 
ingly. \_Pa8sed January 24. 



CHAPTER 166. 



ORDER ALLOWING TIMOTHY WOODBRIDGE, ESQ", TO RECEIVE A DEED 
OF 350 ACRES OF LAND FROM JOHIAKIM YOKUN & OTHERS, INDIANS. 

A Petition of Jehoiakim Yokun and Others Indians Inhabitants Legislative 
of Stockbridge, setting forth that they Avilling to shew their Grati- coundf xxn^ 
tude to M'' Timothy Woodbridge for his continued Services in in- I'l- Mass', 
structing them as a School Master and his other kindnesses to them xxxul^ts. 
are desirous of making him a Grant of some Land, And praying u&&6. 
that they may be impowered to convey to him their Right and Title x.^xHr^-i 
in Three hundred and fifty Acres of Land, being about two Miles House Joiir- 
distance to the North east from Stockbridge North east Corner, of -"iU' ''p^Sw ' 
which Land they made a purchase of some Indian proprietors near ^ifa"^®'2-2*'' "^*^' 
Sixteen years ago for a valuable Consideration. c p. < . 

Read and 



276 



Province Laws (Besolves, etc.). — 1758-59. [Chaps. 1(37, 168.] 



Ordered, That the Prayer of this Petition be so far granted, as 
that the said Timothy Woodbridge Esq'' be and he is hereby allowed 
to take a Deed from said Indians of the three hundred and fifty 
Acres of Land within Mentioned, to him his Heirs and Assigns, to 
begin at the north East Corner of the Minister's Grant (so called) 
and to run East to Housatunnock Eiver; and taking the said three 
Hundred and fifty Acres South of that Line, bounding East on 
said River and West on said Minister's Grant, and North on said 
Line. [Passed Jamiary 24. 



Legislative 
Records of the 
Council, xxii., 
472. Mass. 
Archives, 
xxxiii., 32. 

House Joiir- 
nal, pp.174, 175. 
Ante, p. 159, 
chap. 367. 



CHAPTER 167. 

RESOLVE ALLOWING £5. 4 TO THE COMMITTEE ON THE PETITION OF 
TH08 RALFE & OTHERS, INDIANS. 

A Petition of Thomas Ralfe and others, Indians in the County 
of Barnstable praying as entered [ante, p. 159, chap. 367] 

The Commitee appointed on the Petition of John Ralph Indian 
and others having attended that service and after Due Notis Given 
to the Parties Concearnd Repaird to the Lands mentioned in said 
Petition Boath Parties Being Present and after veiwing the Prem- 
ises and Carefully Examining the several Deeds and instruments 
shown to us by the Parties Relating to the Premises and fully hear- 
ing the Parties Report as our oppinion that the antiant sacham of 
those Lands Conveayed the same to the Proprietors of the Town of 
Eastham altho the Boundaries are not Clearly assartaind by Reason 
of the Rivers and Brooks altering by the sand Blowing into them the 
Commitee further Report that on a Confferrance had with M'' silva- 
nus snow one of the Respondants and Agent for s*^ town or Pro- 
priety Relating to the Diffuculty of assartaining y® affore s'^ Bounds 
that the said snow in his Capacity as agent Consents that the Peti- 
tioners and others of the neibouring Indians and their Heirs shall 
forever here after have a Good Right to whale on Billinsgate point 
so Called and also to Cut Thach for their whale Houses Personally 
as they may have occation and that this Court make such order as 
may be thought Proper accordingly and that s*^ Petition be Dismist 
all which is Humbly submitted and that s*^ Petition be Dismist 

Gam"- Bradford by order 

Read and not Accepted ; And 

Resolved, That there be allowed and paid out of the Public Treas- 
ury to the Said Committee the sum of five pounds four Shillings 
in full for their Time and Expences in the said Service. [Passed 
January M. . .,^. 

CHAPTER 168. 

ORDER DIVIDING THE TOWN OF SCARBOROUGH INTO TWO PARISHES 
AND CALLING A TOWN MEETING FOR THE ELECTION OF OFFICERS 
THEREFOR. 

Rifords'of the ^ PETITION of Richard King of Scarborough in the County of 
Council, xxii., York, praying that the said Town may be divided into two distinct 

^— parishes according to the Vote of said Town on the 30"^ day of 

nai^p! 2^^*^" November last, and their Agreement consequent thereupon. 



[3d Sess.] Province Laws {Resolves^ etc.). — 1758-59. 277 

Ordered That the Town of Scarborough in the County of York 
be and hereby is divided and made into two parishes by tlie follow- 
ing Bounds, Viz' To begin at the Mouth of Black point River, and 
by said River until it comes to the Mouth of Mill Creek, and by 
said Creek to the parting thereof, and there by the Westernmost 
Branch of the said Creek till it comes to the Bridge over the said 
Creek, below a Saw Mill belonging to Nathaniel Harmon and Enoch 
Libby on the Countrey Road, and from said Bridge to run a line 
to the head of said Town, so as shall include Three thousand five 
hundred Acres to the Northeast of a Northwest line from said 
Bridge, provided nevertheless that if by running of said Line as 
aforesaid, William M'^laughlen and Benjamin Foster Jun'' and their 
Settlements, and the other present Settlements in that Range to 
the Southward of the River near the House of the said Benjamin 
fall within the Bounds of the East parish ; that they and ev.ery of 
them and their respective Estates as aforesaid shall belong to and 
be parcel of the Western parish in said Town there to do duty and 
receive priviledge. And that the said East parish be the first parish 
in said Town ; And that Edward Milliken Esq'' be and hereby is 
directed and impowered to issue his Warrants for calling a Meet- 
ing in the respective parishes for the choice of Parish Officers; and 
the respective parishes are hereby impowered to chuse the same 
accordingly. \^Passed January 25. 



CHAPTEK 169 

RESOLVE ALLOWING £60 AND A FURTHER AMOUNT OF £20.9.4 TO 

ROBERT BALLS. 

A Petition of Robert Balls, Keeper of the Lighthouse, praying Legislative 
an Allowance for his Service the year past, and for Wood purchased couBcif xxil^ 
by him for the advantage of the Light. ^j^ 

Read and House Jour- 

Resolved That there be allowed and paid out of the publick Treas- °* '^^' ^' ' 
ury to the Memorialist the sum of Sixty pounds for his Services as 
Keeper of the Light house the year past ending the 19^'' November 
last, with the further sum of Twenty pounds nine shillings and four 
pence in discharge of his Account of Firewood expended for the 
benefit of the Light during that time. [Passed January 25. 



CHAPTER 170. 

RESOLVE ALLOWING £40 TO M^ JOHN PHILLIPS, CHAPLAIN AT CASTLE 

WILLIAM. 

Resolved That there be granted and allowed to be paid out of Legislative 

Records of the 

the publick Treasury to M'' John Phillips Chaplain of his Majesty's council, xxu., 

Castle William the sum of Forty pounds as a Gratuity for his Ser- — 

vice in that trust for one year. [Passed January 25. naTpp''2i6'^2i8. 



278 



Province Laws {Resolves^ etc.) . — 1758-59. [Chaps. 171-173.] 



CHAPTER 171. 



RESOLVE ALLOWING £100 TO HARRISON GRAY, ESQ^, PROVINCE TREAS- 
URER. 



Legislative 
Records of the 
Council, xxii., 
474. Mass. 
Archives, ciii., 
680. 

Mass. 

Archives, ciii., 
679. House 
Journal, 
pp. 218, 219. 



A Memorial of Harrison Gray Esq"" Proviuce Treasurer, setting 
forth his extradinary trouble in issuing Government Securities to 
the Amount of £118,000 and in paying off the Forces raised for 
the General Service in 1757. to each Man respectively, and the 
Bounty and Billeting for upwards of 6,000 men raised the last 
year, all which has obliged him to keep a Clerk extraordinary, And 
praying an Allowance. 

Eead, and 

Resolved, That there be allowed and paid out of the Public Treas- 
ury to Harrison Gray Esq'' Treasurer and Eeceiver General of this 
Province, the sum of One Hundred Pounds, in Consideration of his 
extraordinary services to this Time. {^Passed January 25. 



CHAPTER 172. 



VOTE ACCEPTING REPORT OF COMMITTEE IN REGARD TO PERSONS ON 

ONE OF THE SEAL ISLANDS. 



Legislative 
Records of the 
Council, xxii., 
474. Mass. 
Archives, Ixv., 
541. 

Mass. 

Archives, Ixv., 
540. Legisla- 
tive Records of 
the Council, 
xxii., 472. 
House Jour- 
nal, pp. 218, 219, 
221. 



The Committee appointed yesterday to make inquiry into the 
Affair respecting some persons supposed to be in distress on one 
of the Seal Islands Reported that they had attended the Service 
and examined M"" James Huckman and David Freeman and were 
of Opinion from that relation that some persons may be on said 
Island under perishing Circumstances ; and that some suitable Ves- 
sell be taken up by this Government as soon as may be, and proceed 
to the Relief of such persons; and that James Huckman be one of 
the Men sent in the Vessel to conduct to the place where he saw 
the Signal. 

Read and Accepted. \^Passed January 25. 



CHAPTER 173. 



ORDER IMPOWERING LYDIA HOW, ADM-^, TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 
475. 

House Jour- 
nal, pp. 209, 216. 
Province 
Laws, ii.,151, 
chap. 10. 



A Petition of Lydia How Widow of Francis How late of Rut- 
land deceased, setting forth. That by the last Will and Testament 
of her said Husband, he gave to her the whole of his personal Estate 
after his Debts were paid, and the Improvement of his Real Estate 
during her Widowhood, and upon her marriage or Death to a Nephew 
who is about twelve years old. That a little before his Death he made 
a purchase of Seven Acres of Land for Eighteen pounds 13/4 by 
reason of which his personal Estate will not be sufficient to pay his 
debts. And praying that She as Administratrix may be impowered 
to Sell the same. 



[3d Sess.] Province Laws (^Resolves, etc.). — 1758-59. 279 

Read and 

Ordered That the prayer of this petition be so far granted, as 
that the petitioner be allowed in her Capacity within mentioned to 
make Sale of the Seven Acres of Land for the most the same will 
fetch, She first posting up Notifications of the time and place of 
Sale according to Law in that case provided and giving sufficient 
caution to the Judge of Probate for the County of Worcester that 
the proceeds of such Sale shall be duly applied to the payment of 
the Debts of the said deceased, and the Overplus thereof (if any 
there be) secured to the Heirs of the said deceased. [^Passed Jan- 
uary 25. 



CHAPTER 174. 

ORDER ACCEPTING REPORT OF COMMITTEE FOR FARMING EXCISE FOR Legislative 
THE COUNTY OF DUKES COUNTY AND ALLOWING 30/ FOR THE EX- Records of the 
PENSE THEREOF. i^r^RUst^""* 

Archives, cxx., 

Zaccheus Mahew and others a Committee appointed to farm — '- — ^ 

out the Excise on Spirituous Liquors in the County of Dukes County, Records^of the 
made report that they had sold the same to Capt. Samuel Cobb of 4g°^'^Hoifse*'' 
Tisbury for Nineteen pounds six shillings and eight pence; and Journal, 
prayed Allowance of Thirty shillings their charge and Expence. p?ovmce^*' ^"*^' 

Read and S'V^s." "^^^ 

Ordered, That this report be Accepted ; And there be Allowed Ante, p. 53, 
and paid out of the public Treasury to the said Committee thirty "^''^p* ^^^' 
shillings in full discharge of their Acco* of Time and Expences 
exhibited. [^Passed January 25. 



CHAPTER 175. 

RESOLVE ALLOWING £7.17.6 TO DANIEL BISHOP. 

A Petition of Daniel Bishop of Rehoboth, setting forth. That Legislative 
he was a Soldier in Capt. Arbuthnotts Company at Fort Edward in coundf, xIil? 
the year. 1757. but that he was omitted in making up the Muster ^]^'f.;^^l^^' 
Roll ; And praying Relief. ixxvii., 565. 

Read & Ordered That the Petition be revived and Mass. 

Resolved, That there be allowed and paid out of the public Treas- bexvi'L^565. 
ury to Cap* Timothy Walker for the Petitioner's Use Seven pounds Legislative 
seventeen Shillings & six pence in full for four Months & eleven Days council, xxii., 
Wages he was made up short in the Muster Roll of the Company he jo^um^i',"^^ 
belonged to in the Forces raised the last Year for his Majesty's ser- pp.396, 4.38 
vice, under the Command of his Excellency the Earl of Loudoun, p. 216. ' 
\^Passed January 25. 



280 



Province LAws(i?eso^?;es, e^c). — 1758-59. [Chaps. 176-179.] 



CHAPTEE 176. 

RESOLVE ALLOWING £150 TO JOHN WHEELWRIGHT, ESQ"^, LATE COM- 
MISSARY GENERAL. 

Records *of the Resolved That there be granted and allowed to be paid out of the 
Council, xxii., publick Treasury to Jolin Wheelwright Esq"" late Commissary Gen- 

^— __ eral the sum of One hundred and fifty pounds for one years Service 

nau^p."2iMn- ending the 24. February next. \^Passed January 25. 



Legislative 
Records of the 
Council, xxii., 

476. 

Province 
Laws, XV., 432, 
chap. 256. 



CHAPTER 177. 



VOTE ALLOWING SUBSISTENCE TO SOLDIERS ON THEIR RETURN. 

Voted That the same Allowance be made to the Soldiers for their 
Subsistence on their return from the Army to their respective Homes 
in the year. 1757. as was allowed on the Expedition against Crown 
point in 1755. and on the same Conditions.' \^Passed January 25. 



CHAPTER 178 



RESOLVE ALLOWING £3 TO DEB« AUSTEN, ADM^. 



Legislative 
Records of the 
Council, xxii., 
476. Mass. 
Archives, 
Ixxviii., 137. 

Mass. 
Archives, 
Ixxviii., 137. 
House Jour- 
nal, pp. 12y, 179. 
Province 
Laws, XV., 452, 
chap. 310. 



A Petition of Deborah Austen Widow and Administratrix of 
the Estate of Ebenezer Austen late of Dighton deceased, setting 
forth, That the said Ebenezer inlisted into his Majesty's Service on 
both the Crown point Expeditions in 1755. and 1756. and was thereby 
intitled to half pay during the intermidiate Space ; but that he was 
not made up in any Eoll for the same. And praying Eelief. 

Read and 

Resolved, That there be allowed and paid out of the Public Treas- 
ury to the Petitioner, in her said Capacity the sum of three pounds, 
in full of the half pay the said Ebenezer was entitled to on his re- 
inlisting into the service on the Expedition against Crown Point, in 
the year 1756. \^Passed January 25. 



CHAPTER 179. 



RESOLVE ALLOWING £8 TO SAM'- PEARCE. 



Legislative 
Records of the 
Council, xxii., 
477. Mass. 
Archives, 
Ixxviii., 111. 

Mass. 
Archives, 
Ixxviii., ill. 
House .Jour- 
nal, pp. 177.215, 
216. 



A Petition of Samuel Pearce of Newbury in the County of Essex, 
setting forth. That his Apprentice one Thomas Greenleaf a Soldier 
in the Crown point Expedition in 1757. was taken Captive at Fort 
William Henry and carried to Quebec, where he was reduced to a 
low state of health for whose Support, his Brother then also a pris- 
oner there advanced the sum of £5.6.8 That in December 1757. the 
said Thomas returned to Newbury Just recovered from the Small 
pox, and after his return had a Fever and other Illnesses which 

^ Not found in the House Journal. 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-51). 281 

rendered him incapable of Service till about the middle of May- 
last; And praying an Allowance for the Expences of his said Sick- 
nesses, and for the Loss of his time. 

Read and 

Bcsolred That there be allowed and paid out of the public Treas- 
ury to Joseph Gerrish Esq"" for the Petitioners use the sum of Eight 
poiiuds in full Consideration of the Expences Mentioned. [Passed 
January 25. 



p. 240, chap. 73. 



CHAPTER 180. 

ORDER STAYING ALL PROCESS AGAINST SARAH WETHERED FOR SELL- 
ING SPIRITOUS LIQUORS WITHOUT A LICENCE. 

A Petition of Sarah Wethered of Boston Widow, setting forth, glfo^l^ig^of^j,, 
That her deceased Husband Samuel Wethered Avas at the time of Council, xxii., 
his Decease a licensed Innliolder in said Town, and She being in- ArchWesTcxi., 

formed that the Widows of such had been indulged to sell off the ^ 

Stock of Liquors left in the House, had accordingly presumed so Mass. 

to do ; and having since obtained a Licence herself, and being ready 435? Housed'" 

to Account for the duty of Excise upon all Liquors and other excise- pp^u'^ us, iss, 

able Articles sold by her since her Husbands Death praying that 224. Ante,' 

the Collector may be directed to receive her Account and payments 

due from her, and that any Fines or Forfeitures incurred by her for 

her Doings abovementioned may be remitted. 

Eead, & Whereas it appears to this Court, That the Petitioner 
has paid to the Collector of the Excise on spirituous Liquors for 
the County of Suffolk, the full of the Excise due on what she had 
sold since her said Husbands decease to the Time of her Renewing 
her Licence 

Ordered that the prayer of this Petition be so far granted, as that 
all process against her for selling spirituous Liquors without Licence 
be and the same hereby is stopped, the said Collector having resigned 
his part of all forfeitures incurred thereby, she paying the charges 
that have already arisen to the said Collector in said affair. \_Passed 
January 26. 



CHAPTER 181. 

ORDER ACCEPTING THE ACCOUNT OF THE GUARDIANS OF THE MATTA- 

KESET INDIANS. 

Ga5[aliel Bradford Esq^ and others. Guardians of the Matta- Legislative 
keset Indians having laid before the Court their Account for Allow- councff xx'u .^ 
ance which Account having been examined and reported on by two 478. Mass. 
Gentlemen of the Board. xxxiiCl2. 

Read and Mass. 

Ordered that the within Report be Accepted and that the Guar- xxxur^li 
dians of the said Indians be further Accomptable to them for the House Jou'r. 
Ballance of the Accompt being One hundred and Sixty three pounds provincef*' "'^' 
and seven pence farthing. [Passed January 26. Jifap^li^'^^^' 



282 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 182-184.] 



Legislative 
Records of the 
Council, xxii., 
478. Mass. 
Archives, 
Ixxvii., 609. 

House Jour- 
nal, pp. 167, 209, 
227. Ante, 
p. 89, chap. 
199. 



CHAPTER 182. 

RESOLVE ALLOWING 50/ TO ICH* DRUCE. 

A Petition of Ichabod Druce of Grafton, a Soldier in the late 
Crown point Expedition, praying that the Stoppage made for his 
Gun's not being returned may be taken off, the same having been 
Stolen from him at Green Bush. 

Eead and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to M'' Solomon Prentice for the Petitioner's use, the sum of fifty 
Shillings stopped out of y^ Wages due to him as made up in Cap* 
Ball's Muster Roll, on Acco* of his Arms not being returned. {^Passed 
January 26. 



CHAPTER 183. 

ORDER ALLOWING HEZEKIAH HOLMES RECOMPENSE FOR RETURNING 

DESERTERS. 



Legislative 
Records of the 
Council, xxii., 
479. 

House Jour- 
nal, pp.200, 201, 
225. 



A Petition of Hezekiah Holmes of Pembroke in the County of 
Plymouth, setting forth That a number of Soldiers of CoP Doty's 
Regiment raised the last year for the Canada Expedition deserting 
the Service, He was sent by the Colonel to apprehend and bring them 
back, which he did (agreeable to the Schedule annexed) and was at 
the Expence in travelling and in billeting the Soldiers back to the 
Camp, for which he hath received no Consideration, And praying 
that he may be allowed agreeable to Act of Parliament Or other- 
wise relieved 

Read and 

Ordered That there be a stoppage of Seven shillings made in each 
of the Wages of the Nineteen persons mentioned in the Schedule 
annexed as made up in the several Muster Rolls of the Companies 
they respectively belonged to on the last Campaign ; and that the 
Captains of the said Companies be and they hereby are directed to 
pay the Sums so stopped to the petitioner in consideration of his 
trouble & expences mentioned. \^Passed January 26. 



CHAPTER 184. 



Legislative 
Records of the 
Council, xxii., 

480. Mass. 
Archives, 
Ixxviii., 150. 

House Jour- 
nal, pp. 219, 220, 
227. Ante, 
p. 160, chap. 
370. 



RESOLVE ALLOWING £4 TO JON* BARNEY, JR. 

A Petition of Jonathan Barney,' setting forth That he inlisted 
into his Majesty's Service the last Campaign ; and went into the Ser- 
vice accordingly, but his Inlistment being mislaid he never received 
his Bounty Money, nor his Officer for him. And praying Relief. 

Read and 

Resolved that there be allowed & paid out of the Publick Treas- 
ury the sum of four pounds to the Petitioner for His bounty money 
due to him on his inlisting into the service for the last years Cam- 
paign. \^Passed January 26. 

' The House Journal, p. 219, reads, " Junr." 



[3d Sess.] FB.OVINCE Ij aw s (Besolves, etc.). — 1758-59. 283 



CHAPTER 185. 

ORDER IMPOWERING PHINEAS PUTNAM AND SUSANNAH GLEASON, AD- 
MINISTRATORS, TO SELL LAND AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

A Petition of Phineas Putnam and Susanna Gleason Adminis- Legislative 
trators of the Estate of Thomas Gleason jun^ late of Oxford Hus- counSf xiil"® 
bandman deceased, setting forth That the deceaseds personal Estate 48o. 
is only sufficient to pay his Debts and Allowance as usual to the House Jour- 
Widow, That the Real Estate consisting of about Sixty Acres of Pro^i'nce^^'^^' 
Land and Buildings' thereon in Oxford was apprized at One hun- Laws, li., i5i, 
dred and sixty pounds; That the said Real Estate is secured to John ^ ^^' 
Chandler Esq' for the payment of Fifty eight pounds, and as part 
of said Estate, must be sold for payment Of said debt, and as Sell- 
ing a part would spoil the whole praying they may be impowered 
to Sell the whole; they to be Accountable. 

Read and 

Ordered That the prayer of this petition be granted, and that 
the petitioners be allowed to make Sale of the Land within men- 
tioned for the most the same will fetch, and to make and execute 
a good and sufficient deed or deeds thereof, they first posting up 
Notifications of the time and place of Sale according to Law in that 
case provided and giving sufficient caution to the Judge of Probate 
for the County of \Vorcester that the proceeds of such Sale be duly 
applied, Viz*^ for paying the debt due to John Chandler Esq'' That 
the Income of One third part thereof be for the Support of the 
Widow of the deceased during Life, and that after the other Just 
debts are paid, the Residue be divided to and among the Heirs, 
agreeable to Law, and at the decease of the Widow such part as 
assigned to said Widow be also divided among the Heirs as afore- 
said. [Passed January 27. 



CHAPTER 186. 

ORDER IMPOWERING THE FIRST PARISH OF BOXFORD TO BRING FOR- 
WARD A WRIT OF REVIEW. 

A Petition of the Inhabitants of the first parish in the Town Legislative 
of Boxford by their Agent M' Thomas Perley, setting forth That councif xxu*® 
John Rogers and Nathaniel Rogers Executors of the Testament of 420, 48l'" '' 
Susanna Rogers who was Executrix of the Testament of John Rogers House Jour- 
late of Leominster Clerk deceased brought an Action at the Inferiour 133,' 134; '200,' 206', 
Court held at Worcester in August last against the said Inhabitants '^^l^f^^}'^'^ 
for the Recovery of certain Sums of Money by them suggested to Laws, 111., 64, 
be due to the said John the Testator, That the said Inhabitants at '^^^'^' ^^' 
a regular Town Meeting impowered Thomas Perley Aaron Wood 
and Francis Perley a Committee to appear at said Court and defend 
the Action in behalf of said Inhabitants, That Francis Perley one 
of said Committee not appearing, the Court would not admit the 
Appearance of the other two, and being thus defaulted. Judgment 
was given against the Inhabitants of Boxford for Three hundred 
and seventy seven pounds 15/7 and Costs, and praying that the 
Justices of the next Inferiour Court to be held at Worcester may 



284 



Province Laws {Resolves, etc.). — 1 758-59. [Chap. 187. J 



be impowered to hear and try the said Cause, as if default had not 
been made as aforesaid. 

Eead and 

Ordered That upon the Inhabitants of the first parish in the 
Town of Boxford in the County of Essex, paying John Eogers 
and Nathaniel Rogers Executors of Susanna Eogers (who was Ex- 
ecutrix of the Testament of John Rogers late of Leominster Clerk 
deceased, who Commenced an Action against said Lihabitants at 
the Inferiour Court of Common pleas holden at Worcester on the 
Third Tuesday of August last) the Costs of said Court upon a Judg- 
ment said Executors then obtained against said Inhabitants, that 
said Inhabitants be and hereby are impowered to bring a Writ of 
Review upon the Judgment aforesaid at the next Inferiour Court of 
Common pleas to be holden at said Worcester on the second Tues- 
day of May next, and the Justices of the said Court are hereby 
directed and impowered to try said Action upon the Merits only, 
enter up Judgment and award Execution thereon accordingly, the 
default and Judgment aforesaid notwithstanding. \^Passed Jan- 
uary 27. 



CHAPTEE 187. 



Legislative 
Records of the 
Council, xxii., 

482. 

House Jour- 
nal, pp. 122, 212. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING JACOB KENT, ADM", AND GUARDIAN, TO SELL 
LAND AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Jacob Kent of Plaistow in the province of New 
Hampshire Yeoman, Administrator of the Estate and Guardian of 
all the Children of Jonathan Page late of Plaistow aforesaid Joiner 
deceased Intestate, setting forth That the deceaseds debts which 
appeared on the 5"" June last amounted to £19.17.111/^ more than 
all the said Jonathan's personal Estate, and that as three of the 
said Jonathan's Children are under Seven years of Age, charges 
will be continually growing against the Estate, That the said Jona- 
than's Real Estate, all lying in Haverhill in the County of Essex 
was apprized by Men on Oath at no more than Fifty eight pounds 
13/4 lawful money, part lying in Common and the rest bringing in 
little; And praying that he may be impowered to Sell the Estate, 
he to be Accountable. 

Read and 

Ordered That the prayer of this petition be granted; and that the 
said Petitioner be and he hereby is impowered in his said Capacity 
of Guardian to make Sale of the Lands mentioned for the most the 
same will fetch, and to make and execute a good and sufficient deed 
or deeds thereof to the person or persons who shall appear to give 
most for the same, he observing the directions of the Law respect- 
ing the Sale of Real Estates by Executors and Administrators and 
giving sufficient caution to the Judge of Probate for the County 
of Essex, that the Overplus arising by said Sale after paying the 
deceaseds Just debts shall be distributed agreeable to Law. [Passed 
January 29. 



[3d Sess.] Province Laws (Besolves, etc.). — 1758-59. 285 

CHAPTER 188. 

ORDER IMPOWERING HANNAH WILLISTON, GUARDIAN, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Hannah Williston of Springfield in the County of ^|f^^Jfg"Jf%he 
Hampshire Widow and Guardian of Margaret Williston and Hannah council, xxii., 

AVilliston jun'' setting forth that in the distribution of the Estate 1^!: . 

of her late Husband Joseph Williston of said Springfield, there was Su"pp.'i87!'208, 
set off to each of said Children three Acres of Land lying in said 212.' 
Town at a place called Skipmuch, and is part of a Tract of Land, 
the remainder of which belongs to Noah Williston and Thomas 
Stebbins Williston who determine to Sell their Share herein ; and 
as it lyes at four Miles distance from the Town and unprofitable to 
the Concerned praying liberty to Sell the same She to be accountable. 

Eead and 

Ordered That the prayer of this Petition be granted, and that 
the petitioner be and she hereby is authorized and impowered in 
her said Capacity of Guardian to Sell the said Land of the Minors 
within mentioned for the most the same will fetch, and make and 
execute a good and sufficient deed or deeds of Sale in the Law for 
Conveyance of the same. She first giving sufficient caution to the 
Judge of Probate for the County of Hampshire that the Money 
arising by the Sale thereof shall be respectively paid to them as 
they come of Age, together with the Interest that shall become 
due thereon. [Passed January SO. 



CHAPTER 189 



ORDER IMPOWERING SARAH OSGOOD, ADM^, TO SELL LAND AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Osgood, Widow of Daniel Osgood late of ^|f;^rdg**Jf%,,e 
Andover in the County of Essex deceased, and Administrator of council, xxii., 

his Estate, setting forth. That the deceaseds debts surmount his — . 

personal Estate Twenty three pounds 11/1.%'^ That the Real Estate ^a'i"ppSi54, 
is under an Entail, except Nine Acres contiguous to Land of Col° ^^If^^^'^''^^^' 
John Osgood, And praying liberty to make Sale of said Nine Acres, Laws, ii.,i5i, 
She to be accountable. *'''^'^- ^"• 

Read and 

Ordered That the prayer of this petition be granted, and that 
the petitioner in her said Capacity of Administratrix be and She 
hereby is authorized and impowered to make Sale of the whole of 
the Nine Acres of Land therein described for the payment of the 
deceaseds just debts, and to make and execute a good and lawful 
deed or deeds of Conveyance thereof; She observing the Rules of 
the Law respecting the Sale of Real Estates by Executors and Ad- 
ministrators, and first giving sufficient caution to the Judge of Pro- 
bate for the County of Essex that the Overplus (if any remain) be 
secured for the lawful Heirs. \_Passed January 30. 



286 Pkovince Laws {Besolves, etc.) — 1758-59. [Chaps. 190, 191.] 



CHAPTER 190. 

ORDER IMPOWERING NATHAN WARNER, ADM", TO SELL LANDS AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

Refordsofthe ^ PETITION of Nathan Warner of Harvard in the County of 
Council, xxii., Worcester, Administrator of the Estate of his late Brother Aaron 

-^^ Warner of said Harvard deceased, setting forth That his said Brother 

miTpp.'^i2M55. ^^^ under Bonds to support their Aged Mother and their Sister who 
La^vsTi^ 161 ^^ ^ Cripple during Life and decently to inter them at their decease; 
chap.'io.'' ' that since his said Brothers death he has expended more than Twenty 
six pounds upon them, and that new Expences are daily arising ; And 
praying that he may be impowered to Sell certain Waste Lands in 
order to fulfill his said Brothers Obligations Viz* Fourteen Acres 
lying in the Southeasterly part of said Harvard bordering mostly 
on Joseph Fairbanks laud and on a Bye Way. As also twelve Acres 
in said Harvard adjoining to Land of John Sampson, Abraham 
Whitney and to a Bye Way; As also four Acres more in said Har- 
vard adjoining to Seth Sawyer's Land, He to be Accountable for the 
proceeds of such Sales. 
Eead and 

Ordered That the prayer of this petition be so far granted, as 
that the petitioner in his said Capacity of Administrator be and 
hereby is authorized and impowered to make Sale of the Lands 
mentioned for the most the same will fetch, and to make and exe- 
cute a good and sufficient deed or deeds of Conveyance thereof, 
He observing the directions of the Law respecting the Sale of 
Eeal Estates by Executors and Administrators, and giving suffi- 
cient Caution to the Judge of Probate for the County of Worces- 
ter, that the produce arising by such Sale, shall be applied for the 
purposes mentioned, and the Overplus (if any there be) he to be 
accountable for agreeable to Law. [Passed January 30. 



CHAPTER 191. 



ORDER IMPOWERING NATHAN FOSTER, GUARDIAN, TO SELL REAL 

ESTATE. 

Riforda^ofthe ^ PETITION of Nathan Foster Guardian to Sarah Foster a Minor, 
Council, xxii., daughter of Nathaniel Foster late of Ipswich in the County of Essex 

-^^ ■ deceased, setting forth That he is owner of one half of an Old House 

nau pp. i1iM95, and small peice of Land adjoining which is continually going to 

l^^^gProvmce decay; That he has now an Opportunity of Selling the same to good 

chap.'io!' ' advantage, and as it is apprehended the Money arising by the Sale 

thereof will be much more advantageous, than the said part of the 

House and Land ; praying liberty to make Sale thereof; the proceeds 

of said Sale to be improved for the said Minors benefit. 

Eead and 

Ordered That the petitioner in his Capacity aforesaid be and he 
hereby is allowed and impowered to make Sale of the House and 
Land within mentioned for the most the same will fetch and to 
execute a good and sufficient deed or deeds in the Law for Convey- 
ance thereof. He first duly posting up Notifications of the time and 



[3u Sess.] Province Laws (Resolves, etc.). — 1758-59. 287 

place of Sale agreeable to the Law of the 6*^ of George the first, 
Chap. 3*^ relating to Executors & Administrators proceedings in the 
Sale of Housing and Land, and giving caution to the Judge of Pro- 
bate for the County of Essex to Account for the proceeds of such 
Sale according to Law. [Passed January 30. 



CHAPTER 192. 

ORDER IMPOWERING MARGARET KEEN, ADM^, TO SELL REAL ESTATE, 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Margaret Keen Widow and Administratrix of the Legislative 
Estate of William Keen late of Plymouth in the County of Plym- councu^, xUl!? 
outh Shipwright deceased setting forth, That the whole Real Estate ^ss. 
of the deceased consists of Six Acres of Land and two thirds of House Jour- 
a Dwelling house and Barn in pembroke which was set oif to the an.' ^TroVince' 
deceased in the division of the Eeal Estate of his Father Samuel chaT'io ' ^^^' 
Keen late of said Pembroke deceased apprized at Eighty pounds; 
That the Income is small and the Buildings growing worse. That 
the said William left two daughters and one Son Minors; And pray- 
ing that She may be impowered to Sell said Estate for the benefit 
of those interested in it, She to be Accountable. 

Eead and 

Ordered That the prayer of this petition be granted, and that 
the petitioner in her Capacity of Administratrix be and She hereby 
is impowered to Make Sale of the Eeal Estate within mentioned for 
the most the same will fetch, and to make and execute a good and 
sufficient deed or deeds in the Law of Conveyance thereof; She 
observing the Law in such Cases respecting the Sale of Eeal Estates 
by Executors and Administrators and first giving sufficient caution 
to the Judge of Probate for the County of Plymouth that the Effects 
of such Sale and the Interest thereon be secured for the Eight Heirs. 
[Passed January 30. 



CHAPTER 193. 

ORDER IMPOWERING ELISHA ROCKWOOD, ADM«, TO SELL REAL ESTATE, 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Elisha Eockwood of Groton in the County of J^egiBiative 
Middlesex Administrator of the Estate of Moses Bennet jun'' late council, xxu., 

of Shirley in said County Husbandman deceased, setting forth, 151: 

That the deceased personal Estate is insufficient to pay his debts; ^""pp'^fss^isg 
That he died seized of about thirty Acres of Land with a poor 201,' 202. pVov- 
Dwelling house thereon and left a Widow with six small Children i5i,^chap.^io." 
to whom it can be but of little advantage; And praying liberty to 
Sell the same he to be Accountable. 

Eead and 

Ordered That the prayer of this petition be granted, and that the 
petitioner be and he hereby is impowered to make Sale of the Eeal 
Estate of the said Moses deceased for the most the same will fetch, 
and to execute one or more deeds for Conveyance thereof, he first 
giving Notice of the time and place of Sale agreeable to the Law 



288 



Province 1j aws {Besolves, etc.). — 1758-59. [Chaps. 194, 195.] 



respecting the Sale of Eeal Estates by Executors and Adminis- 
trators, And also giving caution to the Judge of probate for the 
County of Middlesex that the proceeds of such Sale shall be duly 
applied, in the first place to discharge the deceaseds just debts, the 
Widow to have the Improvement of One third of the remainder 
during her Life in lieu of her right of Dower and at her decease 
to revert to the Heirs at Law, and the other two thirds to be divided 
among the Heirs as the Law directs. [Passed January 31. 



CHAPTER 194. 

ORDER IMPOWERING ESTHER SHATTUCK, ADM=^, TO SELL LANDS AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 

488. 

House Jour- 
nal, pp. 156, 157, 
172, 211, 212. 
Province 
Laws, \\,, 151, 
chap. 10. 



A Petition of Esther Shattuck Administratrix of the Estate of 
her late Husband, Moses Woods late of Pepperrell in the County 
of Middlesex deceased Intestate Setting forth That her late Hus- 
band died seized of a House and Barn and about Fifty Acres of 
Land in said pepperrell, the whole being but just sufficient for one 
Living, That the said Moses left eight Children the eldest Sons ' 
being but eight years old, That one daughter is Married and desir- 
ous of having her portion, but that this small Estate can be but 
of little advantage to any of them when divided among them. And 
praying leave to Sell the same, She to be accountable for the proceeds. 

Read and 

Ordered That the prayer of this petition be so far granted, as that 
the petitioner in her said Capacity be and She hereby is Authorized 
and impowered to make Sale of the Lands mentioned for the most 
the same will fetch, and to make and execute a good and sufficient 
deed or deeds in the Law of Conveyance thereof to the purchaser 
or purchasers, their Heirs and Assigns, She observing the directions 
of the Law respecting the Sale of Real Estates by Executors and 
Administrators and giving sufficient caution to the Judge of Pro- 
bate for the County of Middlesex, that the produce arising by such 
Sale shall be distributed in manner following, viz* two thirds to be 
divided Among the Heirs of the said Moses Woods deceased agree- 
able to Law, and the petitioner to have the Interest of the other 
third during her Natural Life, and after her decease the said third 
to be likewise distributed among the said Heirs as aforesaid. [Passed 
January 31. 



CHAPTER 195. 

ORDER IMPOWERING LOVE BATTLE, ADM^, TO SELL RIGHTS IN AN 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 

489. 

House Jour- 
nal, pp. 170, 171, 
217. 



A Petition of Love Battle Widow and Administratrix of the 
Estate of her late Husband Jonathan Battle jun'' late of Dedham 
deceased, setting forth That Jonathan Battle Father of the said 
Jon* Battle jun"" deceased did in the Life time of the said Jon-'' 
Battle jun'' convey to him and his Heirs about Forty Acres of Land 
in three parcels in Dedham aforesaid with Buildings thereon, to 
have and to hold the same from and after the death of the said 



Sic. 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-59. 289 

Jonathan the father, and that in consideration hereof the said Jon- 
athan the Son bonnd himself and his Heirs t&c" to maintain the said 
Jonathan the Father and his Wife during their Lives, and to bury 
them upon their decease, and to pay sundry debts that the Father 
then owed, and that the said Jonathan accordingly supported his 
said Father and Mother several years and took the said debts upon 
himself, and died leaving no Estate except a Negro Boy and a few 
Lidoor moveables which he gave to the petitioner and a few Out- 
door moveables. That his debts amount to Seventy six pounds, That 
it is probable the Reversion of the Estate incumbered as aforesaid 
would be insufficient to pay the debts. That upon treating with the 
said Jonathan the Father and Josiah Rice who Married his daughter 
they have mutually agreed ; that upon the petitioners conveying her 
said Husbands Right in said Estate and the Outdoor Moveables to 
the said Josiah Rice, and the said Josiah's becoming bound for the 
supporting and burial of the said Father and Mother; and discharg- 
ing the said Seventy six pounds debts, and paying to the petitioner 
Forty six pounds thirteen shillings and four pence for the use of 
her only Child Timothy Battle a Minor, the said Father shall can- 
cel the said Bond and relinquish all claim to her said Husband's 
Estate, And praying She may be enabled to make such Conveyance 
accordingly. 

Read and 

Ordered That the prayer of this Petition be granted and that the 
petitioner be and She hereby is impowered to make Sale of the right 
her late Husband had at the time of his decease in the Estate 
within mentioned to the said Josiah Rice, he giving her Security to 
discharge the sum of Seventy six pounds debt due from his Estate, 
and paying her the sum of Forty six pounds 13/4 for the use of her 
only Child Timothy Battle a Minor, She to give Bond to the Judge 
of Probate for the County of Suffolk that the Interest thereof shall 
be applied towards the Support of the said Timothy during his 
Minority; and the principal paid him when he shall arrive at Age, 
and that the petitioner Sign Seal and Execute a sufficient deed of 
Sale of the same premisses to the said Josiah, which shall secure 
a good title in Law to him the said Josiah of the same premisses. 
[Passed January 31. 



CHAPTER 196. 

ORDER IMPOWERING THOMAS WHITE AND SAUL ALVORD, EXECUTORS, 
TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD TO THE 
PROCEEDS. 

A Petition of Thomas White of South Hadley and Saul Alvord Legislative 

• RGCorfls 01 the 

of Northampton both in the County of Hampshire Executors of council, xxii., 

the last Will and Testament of John Alvord late of South Hadley ^^ 

the younger deceased, setting forth That the deceaseds personal ^aTm/m^ias, 
Estate is insufficient to pay his just debts. That he died seized of i36.' Province' 
two parcels of Land contiguous, that the Sons of the deceased are chapf'io."' ' ' 
unable to take the same, and pay the other Heirs of the deceased 
their Shares and his just debts, and that it will sink the value of 
the Estate to break and divide it, And praying they may be enabled 
to Sell the whole, they to be Accountable. 
Read and 



290 



Province \ja^^ {Resolves, etc.). — 1758-59. [Chaps. 197, 198.] 



Ordered That the prayer of this petition be so far granted as that 
the petitioners be and they hereby are authorized and impowered in 
their said Capacity, to make Sale of the Eeal Estate mentioned for 
the most the same will fetch and to make and execute a good and 
sufficient deed or deeds of Conveyance thereof, they Observing the 
Rules of the Law respecting the Sale of Real Estates by Executors 
& Administrators and giving sufficient caution to the Judge of pro- 
bate for the County of Hampshire for applying the proceeds of said 
Sale to discharge the just debts and Legacies of the deceased, and 
for securing the Remainder to the Right Heirs. \^Passed Jan- 
uary 31. 



CHAPTER 197. 



Legislative 
Records of the 
Council, xxii., 
490. Mass. 
Archives, 1., 9.5. 

Mass. 

Archives, 1., 92. 
House Jour- 
nal, pp. 220, 221, 
223, 234. 



RESOLVE ALLOWING £80. 10 TO ANDREW OLIVER, SECRETARY. 

A Memorial of Andrew Oliver Esq"" Secretary of the province 
setting forth sundry Services for which he has received no Fee or 
Reward, as transmitting home the Minutes of Council and Assem- 
bly and the receiving a great number of petitions preferred by poor 
Soldiers, French Neutrals, Indians and other poor persons, and mak- 
ing Entries thereon; as also his Expence for Clerks to forward the 
publick Business ; And praying that the Court would take such Order 
therein as they shall judge reasonable. 

Read and 

Resolved^ That there be allowed and paid out of the Public Treas- 
ury to the Memorialist the Sum of Eighty Pounds ten Shillings in 
consideration of the Petitions from poor & Distressed Servants of 
y® Government &c, passed on by the General Court during the Time 
mentioned, for which he has received no fee. \^Passed January 31. 



CHAPTEE 198. 



RESOLVE ALLOWING £15.6 TO WILLIAM HARVEY. 



Legislative 
Records of the 
Council, xxii., 
491. Mass. 
Archives, 
Ixxviii., 155. 

Mass. 
Archives, 
Ixxviii., 154. 
House Jour- 
nal, pp. 214,232. 
Ante, p. 135, 
chap. 312. 



A Petition of William Harvey, setting forth That he was a Sol- 
dier in the pay of this Government under Capt. Joseph IngersoU 
in the year. 1757. and was at Fort William Henry when the place 
was taken, when the said Captain lost all his papers, by which means 
as he apprehends he was omitted being made up in the Muster Roll; 
and praying Relief. 

Read and 

Resolved, That there be allowed and paid out of the public Treas- 
ury to the Pef y*^ sum of fifteen Pounds six Shillings, in full of the 
Wages due to him as a Soldier in y** Forces raised by this Gov*- und"' 
y® Com*^ of his Excell^ y« Earl of Loudoun, from y<= 1 March 1757, 
to y® 9"" Aug* following, & for y® two months extra Wages allowed 
to Sold" included in y® Capitulation at Fort W™ Henry, And for 
his Subsistence on his return home from y^ Army. \^Passed Jan- 
uary 31. 



[3d Sess.] Province Laws [Besolves, etc.) . — 1758-59. 291 

CHAPTER 199. 

RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Resolved That there be allowed and jDaid out of the publick Treas- Legislative 
ury to AVilliam Lawrence Esq^ for the Use of Robert Wilson tlie couSxiiLf 
sum of Six pounds, and for the use of Isaac How, Forty shillings ; ^^^l 
To Timothy Woodbridge Esq' for the Use of Josiah Williams Ten Executive 
pounds; To William Richardson Esq"" for the use of Richard Stuart council^, xiii.,^ 
Eour pounds; To Capt, Thomas Morey for the Use of Bathsheba j^urnai°p!^23i. 
Basset Forty shillings; and to John Noyes Esq' for the Use of Oba- 
diah Perry thirteen shillings and four pence in full consideration of 
the Expences in their petitions mentioned. \_Passed * January 31/ 



CHAPTER 200. 

ORDER IMPOWERING KEZIAH PRATT, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Keziah Pratt Administratrix of the Estate of i;^^*^l**%^.,, 

-r 1 T-> 1 ,. T-.1 , • i 1 /~i i <• -r.1 ,11 Records of the 

Joseph Pratt late of Plympton m the County or Plymouth de- council, xxii., 

ceased, setting forth, That the said deceaseds personal Estate is ^^-^ 

not sufficient to pay his debts, that when so much of the Real ^aTpp.'\*?2M36. 
Estate is sold as would pay the debts there will not be enough left Province 
for a Settlement, And praying leave to Sell the whole, She to be chap.'io.'' " ' 
accountable. 

Read and 

Ordered That the prayer of this petition be so far granted as that 
the petitioner in her said Capacity of Administratrix be and She 
hereby is authorized and impowered to make Sale of the Real Estate 
mentioned for the most the same will fetch, and to make and exe- 
cute a good and sufficient deed or deeds of Conveyance thereof. She 
observing the directions of the Law relating to the Sale of Real 
Estates by Executors and Administrators and giving sufficient cau- 
tion to the Judge of probate for the County of plymouth for apply- 
ing the proceeds thereof to discharge the just debts of the deceased 
and for securing the Overplus (if any there be) for the right Heirs. 
[Passed January 31. 



CHAPTER 201. 

VOTE ALLOWING TWO PENCE PER DIEM PER MAN TO INNKEEPERS 
FOR ENTERTAINING REGULAR SOLDIERS. 

Voted that there be allowed & paid out of the public Treasury Legislative 
to such of the Taverners who entertained agreeable to y® Laws of councu^ xliuf 
ye Prov. any of his maiestys Regular Forces in the year 1758, and 495. Mass. 
that shall entertain any such till June next, two pence Sterling <g> 438. 
day for each private Soldier entertained by such Taverners upon House Jour- 
their exhibiting their Accounts properly Vouched to the Governor prov^nce^' 
& Council. [Passed February 1. Laws, xv., 615, 

■- "^ chap. 214. 

* This date is according to Legislative Records of the Council, although the warrant is 
given under date of January 30. 



292 



Province Jjaws (Hesolves^ etc.). — 1758-59. [Chaps. 202-204.] 



Legislative 
Records of the 
Council, xxii., 
495. Mass. 
Archives, ciii., 
687. 

House Jour- 
nal, pp. 236, 238. 



CHAPTEK 202. 

ORDER GRANTING £250 STERLING FOR A MONUMENT TO THE LATE 

LORD VISCOUNT HOWE. 

The Great and General Court bearing Testimony to the 
Sense which the Province had of the Services & military Virtues 
of the late Lord Viscount Howe who fell in the last Campaign fight- 
ing in the Cause of the Colonies and also to express the affection 
which their officers & Soldiers bore to his Command 

Ordered that the sum of Two hundred & fifty pounds sterling 
be paid out of the public Treasury to the order of the present Lord 
Viscount Howe, for erecting a Monument ' to his Lordship's Memory 
to be Built in such manner & situated in such place as the present 
Lord Viscount Howe shall choose ; and that his Excellency the Gov- 
ernor be desired to acquaint his Lordship therewith in such man- 
ner that the said Testimony may be engraved on such monument. 
[Passed Fehruary 1. 



CHAPTER 203. 



RESOLVE GRANTING £200 TO WILLIAM BOLLAN, AGENT, FOR SERVICES. 



Refords'of the Resolved That there be granted to William Bollan Esq-" One hun- 
Councii,xxii., dred and seven pounds seventeen shillings and one farthing Sterling 

— '- which with the sum of Ninety two pounds two shillings and eleven 

mii"pp 1^2^36/243. peucc three farthings a ballance in his hands for which he was to 
4^^^' \\}^'^' Account makes Two hundred pounds Sterling in full of his Services 
p. 268," chap. for one year ending in January last, and that he be allowed to deduct 
^^^* the said sum of One hundred and seven pounds seventeen shillings 

& one farthing Sterling out of the late parliamentary Grant to this 
province now in his hands. [Passed Fehruary 2. 



CHAPTER 204. 



Legislative 
Records of the 
Council, xxii., 
497. 



House Jour- 
nal, pp. 243, 244. 
Province 
Laws, XV., 588, 
chap. 144. 
S^^pra, chap. 
203. 



RESOLVE GRANTING £729. 6. 2 TO WILLIAM BOLLAN, AGENT, FOR BAL- 
ANCE OF HIS ACCOUNT. 

Resolved That there be granted to William Bollan Esq' the sum 
of Seven hundred and twenty nine pounds six shillings and tAvo 
pence Sterling in full of his Account of Expences in the Service 
of this province exhibited to the first of October. 1757. and that 
he be allowed to deduct the said Sum out of the late Parliamentary 
Grant to this province, now in his hands. [Passed February 2. 

* The monument was erected in Westminster Abbey. 



[3d Sess.] Froyuuck Laws {Besolves, etc.). — 1758-59. 293 



CHAPTER 205. 

RESOLVE ALLOWING £8. 10. 8 TO ABRAHAM TYLER. 

A Petition" of Abraham Tyler, setting forth That he was a Sol- ^ff ^j.^"'^? ,. 
dier in CoP Preble's Regiment in the pay of this province the last council, xxii., 
year, and was at the Action at Ticonderoga in which he had his Archives?' 
right Arm broke and is in danger of being rendered useless. That i xxviii., leo. 
he was at Expence for Doctors and for his Journey home, And pray- Mass. 

• T^ 1 • i? ArcniV6S. 

mg Kelief . ixxviii., 159. 

Rptirl nnrl House Jour- 

jteaci ana nai, pp. 243, 245. 

Resolved, That there be allowed and paid out of the public Treas- 
ury to the Petitioner the sum of Eight pounds ten shillings and eight 
pence in Consideration of his Expences & Sufferings mentioned. 
\^Passed February 3. 



CHAPTER 206. 

RESOLVE ALLOWING 40/ TO EBENEZER BEARD AND 24/ TO NATHAN Legislative 

HOSKINS. Records of the 

Council, xxii., 
501. 

Resolved That there be allowed and paid out of the publick Treas- '^i[^, 
ury to Oliver Fletcher Esq"" for the Use of Ebenezer Beard Forty ^.'■chiyes. 
shillings; and to Capt. Ebenezer Sprout for the Use of Nathan House Joui-- 
Hoskins Twenty four shillings in full consideration of the Expences °March,T7%Tf 
(in their petitions ') mentioned. \^Passed February 6. pp. 110,247. 



CHAPTER 207. 

ORDER TRANSFERRING £2,500 FROM THE APPROPRIATION FOR BAYO- Legislative 
NETS, &c., TO THE APPROPRIATION FOR PAY OF FORCES RAISED FOR Records of the 
THE LATE ALARM. Council, xxu.. 

^ T rrn m t> ffmrm t e^ l t ^ ^ HOUSe JOUr- 

Ordered That a Transferr of Two Thousand five hundred pounds nai, p. 248. 
be made from the Appropriation for the pay of Bayonets &c. to LawsTi^v., 161, 
the Appropriation for the pay of the Forces raised upon the late ci^ap-*- 
Alarm &c. [Passed February 6. 



CHAPTER 208. 



ORDER ALLOWING £37. 0. 2. TO ELIZABETH WEST, EXECUTRIX. 

A Petition of Robert Manter Attorney to Elizabeth West Widow Legislative 
and Executrix of Capt. Peter West deceased, setting forth That the coundf.xxiilf 

said Captain in his Life time received of the Commissary General ^ 

sundry Stores for Supplies for his Company which he delivered and House Jour- 
charged accordingly as by his Books appears; That sundry Articles udl^^' ''' ' 
were delivered to Soldiers who afterwards deserted and are thereby 

* See Mass. Archives, Ixxviii., 17, and House Journal, p. 325 (March, 1758). 



294 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 209, 210.] 



excluded from any pay, And praying that he may be enabled to 
receive so much of said Deserters pay as the said Captain actually 
supplied them with for Cloathing and other Necessaries while they 
continued in the Service. 

Eead and 

Ordered That the sum of Thirty seven pounds and two pence be 
allowed and paid Out of the publick Treasury to John Norton Esq'' 
for the Use of the petitioner in full consideration of the Expences 
abovementioned. \_Passed February 7. 



CHAPTER 209. 



Legislative 
Records of the 
Council, xxll., 
503. Mass. 
Archives, 
Ivili., 432. 

Mass. 
Archives, 
Iviii., 433. 
House Jour- 
nal, p. 250. 



RESOLVE ALLOWING £20 TO JUDAH MONIS, 

Resolved that there be granted and allowed to be paid out of the 
publick Treasury to M^ Judah Monis Hebrew Instructor of Harvard 
College in Cambridge the Sum of twenty pounds as a Gratuity in 
consideration of his Faithful Discharge of that Trust reposed in him 
and for his further Encouragment therein. [^Passed February 7. 



CHAPTER 210. 



ORDER IMPOWERING JOSEPH BELKNAP, GUARDIAN, TO JOIN WITH 
OTHER HEIRS IN THE DIVISION AND SETTLEMENT OF AN ESTATE. 



Legislative 
Records of the 
Council, xxii., 
499. Mass. 
Archives, xix., 
682. 

Mass. 

Archives, xix., 
681. House 



A Petition of Joseph Belknap Guardian of Joseph Webb Mary 
Webb and Susanna Webb Minors and Children of Deborah Webb 
deceased, setting forth That in the Division and Settlement of the 
Estate of Jeremiah Belknap late of Boston Leather dresser deceased 
and Sarah his Wife the sum of Eight pounds was set off to the said 
Minors and the other Children of said Deborah as their proportion- 
Journal, p. 252. g^i^^g pg^j,|. q£ g^-^ Estate; And praying that he may be impowered 

in his said Capacity to join in said Division and Settlement, that 
so the Money accruing to said Minors thereon may be improved for 
their benefit. 

Eead and 

Ordered that the Prayer of this Petition be granted and that the 
Petitioner in his said Capacity be and he hereby is authorized and 
impowered to join with the other Heirs in behalf of the Minors in 
the Division and Settlement of the Estate in the Petition mentioned 
he giving sufficient Caution to the Judge of the Probate for the 
County of Suffolk to account for the Monies accrung therefrom 
according to Law. {^Passed February 8.^ 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is February 3. 



[3d Sess.] Province Laws {Resolves, etc.). — 1758-59. 295 



CHAPTER 211. 

ORDER ACCEPTING REPORT OF COMMITTEE ON THE CONDITION OF 
THE WOMEN AND CHILDREN BROUGHT FROM PROVIDENCE. 

A Petition of Joshua Henshaw Esq' and others Selectmen of the Legislative 
Town of Boston praying the direction of this Court with regard to coSndi! x xh.! 
twelve Women and Children belonging (as they say) to the Royal ^rcMve's '"'*^^' 
American Regiment, which were brought into said Town from prov- ixxviii., iei. 
idence the last night by one Benjamin Furbur by order (as they are LegiBiative 
informed) of the Governour of Rhode Island Counclf. xxu.^, 

The Committee yesterday appointed on the petition of the Select- 502. hoW 
men of Boston made the following Report, Viz' pp. 250, 251. 

That having inquired of the Women therein mentioned, and of 
the Waggoner who brought them, they find, that they belong to 
the Regiment of the Royal Americans now at Halifax, and that 
they came from New York in order to proceed to the said Regi- 
ment, and considering the Season of the Year, and they being 
destitute of any money to carry them back, the Committee are of 
Opinion that common humanity makes it necessary that care be 
taken of them, and they be sent to Halifax as soon as possible, 
And that M"" Furbur who brought them have leave to return home. 

(Sign'd) Sam"- Watts ^ order. 

Read and 

Ordered that this report be accepted. \^Passed February 5.' 



CHAPTER 212. 

ORDER GRANTING TO JOANNA SERVICE LICENCE TO SELL STRONG 

DRINK. 

A Petition of Joanna Service of Boston Widow, praying that Legislative 
as She has obtained the Approbation of the Selectmen of Boston councif, xxu.^ 
to retail Strong Liquors at her House in Ann Street, and as her ^l\-^^^ll%^^_ 
Circumstances are really distressing, praying That the Court of 246. 
General Sessions of the peace may be impowered at their Adjourn- Mass. 
ment on Friday the 9*'^ of February to grant her a Licence for that ^s^'^housT'"'' 

purpose. Journal, p. 251. 

Read and 

Ordered that the Justices of the Gen' Sessions of the Peace for 
the County of Suffolk be and hereby are allowed to grant the Pef 
a Licence as prayed for, the time for granting Licences being 
elapsed notwithstanding. [^Passed February 8. 



CHAPTER 213. 

ORDER OF NOTICE ON THE PETITION OF PROP«« OF EAST WING OF 
RUTLAND TO BE INCORPORATED AS A TOWN. 

A Petition of Benjamin Houghton and others proprietors and ^Ifor^^g^Jfthe 
Inhabitants of sundry Farms contiguous to Rutland East Wing so council, xxii., 

* This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is February 7. 



296 Province Laws (i^eso/i'es, e^c). — 1758-59. [Chap. 214.] 

504. Mass. called, and also proprietors of said Wing, setting forth That the 
cxvii., 438. said Farms and East Wing together do not contain Six Miles Square ; 
Mass. that they are capable of making a good Township united, but are 

^xvn ^437. ^°^ separately able to perform the duties required in such Case, And 
Maps and praying that they may be incorporated as a Town accordingly, 
xxxiv., 19. Kead and 

naupp!^i37!^25i. Ordered that the Pet" serve the Prop" and Inhabitants of the 

Province ' East Wing of Rutland (so called Non Petitioners) with a Copy of 

cifapf 67342, ' this Pet° by inserting the substance thereof in one of the Boston 

note. News papers three Weeks successively That so they shew cause (if 

any they have) on the second thirsday of the next sitting of this 

Court why the Prayer thereof should not be granted. [Passed 

February 8. 

CHAPTER 214. 

VOTE ACCEPTING REPORT OF COMMITTEE ON THE GOVERNORS MES- 
SAGE IN REGARD TO A FORT AT PENOBSCOT. 

Rifords'ofVe Whereas it is the Opinion of the two Houses That a Fort rec- 
councii, xxii., ommendcd by his Excellency to be built at Penobscot may have a 

— '- tendency to secure the peace of this province, and that of Nova 

Archives, Scotia and distress the Enemy. 

ixxviii., 162- Voted That four hundred Men (including Officers) be raised by 

166. Legisla- ,T • r-i J I 11 • Pii/^ -I 1 

tive Records of this (jrovemment to take the possession oi that Countrey and to be 
xxiL,°22M93, employed as a Guard to his Excellency, and a cover to the Work- 
Jcfurnai ^°^^^ men; the said Men to be considered as part of the Quota that may 
pp- 244, 245, 246, be expcctcd of the province for the General Service of the year 
ensuing. 

And that when the proposed Fort shall be built his Excellency 
the Captain General be desired to remove to the said Fort as many 
of the Men as are in Garrison at S* Georges and Pemaquid, as the 
defence of those parts of the Countrey will admit, and that such 
Addition be made to the Garrison at penobscot as the Court shall 
think necessary ; And that his Excellency be desired as soon as may 
be after, the War shall be ended to dismantle said Forts At Georges 
and Pemaquid. 

The Report of the said Committee having on the sixth Instant 
been recommitted and divers Gentlemen added to the Committee 
The said Committee made the following further Report Viz* 

That the 400 Men agreed to be raised be allowed Six dollars p 
Month (they finding their own Arms) and that they be provided 
with Blankets, Beds and necessary Camp Utensils (those at the 
Barracks at Castle William by the Captain Generals leave to be 
employed for this Service) and Subsistence. 

That his Excellency be desired to order them to be enlisted as 
soon as may be. 

That the pay of the Officers and Soldiers shall commence on the 
last day of March next, and end on the first day of July next if his 
Excellency shall think it necessary to continue them or any part of 
them so long in the Service. 

That when the Fort is in some measure Tenable so many of said 
Men may be dismissed the Service as the Governour shall judge 
proper. 

That the Province Ship and Sloop be employed in this Service, 
and that the Governour would be pleased to give Order that they 



249, 262, 253. 



[3d Sess.] Province IjAws (Besolves, etc.). — 1758-59. 297 

be seasonably eqnipt for the same, and that the said Ship be ordered 
into the other Service of the province as soon as the above Service 
will admit of it. 

That an Establishment be made for One Field Officer, and for 
each Company of One hundred men one Captain, two Lieuten- 
ants one Ensign, four Sergeants, four Corporals, and also for the 
whole one Chaplain and one Surgeon, and a Surgeons Mate and 
two Drummers. 

That his Excellency be desired to take up Transports which with 
said Ship and Sloop may be sufficient to transport the officers and 
Soldiers with their Baggage &c. to Penobscot. 

That said Fort when built be garrisoned with One hundred Men 
including Officers and such Soldiers as shall be removed from the 
other Garrisons, and that an Establishment be made for pay and 
Subsistence, and for the whole Service aforesaid. 

(Signed) John Cushing p order. 

Eead and accepted. [Passed February 8. 



CHAPTER 215. 

ORDER APPOINTING A COMMITTEE TO PROVIDE PASSAGE TO HALIFAX 
FOR THE WOMEN AND CHILDREN BROUGHT FROM PROVIDENCE. 

In the House of Eep^ R^^'^!f*^^f th 

Ordered That M' Goldthwait and M"" Flucker with such as the councif, xxu.? 
hon''''' Board shall join be a Coin"^ to prepare a Passage for the ^rchfvel®' 
Women & Children lately arrived from Providence to Halifax as ixxviu., m. 

soon as may be House Jour- 

lu Council Read & Concurred & Sam^ Watts Esq is joined in the X^^'efp'^s, 
affair. {Passed February 9.' chap'.ih. ' 



CHAPTER 216. 

ORDER ALLOWING £4 TO ABR^ JOHNSON. 



A Petition of Abraham Johnson of Derham in the province of Legislative 
New Hampshire, setting forth That in the year. 1755. he inlisted councn^ xxii.^ 
as a Soldier in the pay of this province, and was in the Action ^rcin'ves^' 
near Lake George under General Johnson, where he received a ixxviii., I'eo. 
Wound by a Ball in the head, by which means he lay in a miser- House Jour, 
able Condition, and is not yet recovered nor does he ever expect '^^'•P-'^^i. 
to be well ; And praying Relief. 

Read and 

Ordered that the Pef be allowed and paid out of the publick 
Treasury four pounds in full consideration for his sufferings above- 
mentioned. [Passed February 9. 

' This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council the date is February 8. 



298 



Province IjAws{Besolves,etc.). — 1758-59. [Chaps. 217-219.] 



CHAPTER 217. 



Legislative 
Records of the 
Council, xxii., 
508. Mass. 
Archives, 
Ixxvii., 637. 

Mass. 
Archives, 
Ixxvii., 636. 
House Jour- 
nal, p. 255. 



ORDER ALLOWING 30/ TO JOHN CROOKS. 

A Petition of John Crooks setting forth That his Brother 
William Crooks was a Soldier in the pay of this province in the 
Crown point Expedition in 1755. and that on his return home he 
sickened and died ; and that the petitioner paid for taking care of 
him in his Sickness Forty shillings ; And praying Relief. 

Read and 

Ordered that the sum of Thirty Shillings be allowed M' John 
French out of the publick Treasury for the Pet" use in full Con- 
sideration for the Expences within mentioned. [Passed February 9. 



CHAPTER 218. 



Legislative 
Records of the 
Council, xxii., 

508. 

House Jour- 
nal, p. 255. 
Province 
Laws, iv., 77, 
chap. 30. 



VOTE DESIRING HIS EXCELLENCY TO USE HIS GOOD OFFICES IN 
GREAT BRITAIN IN REGARD TO REIMBURSMENT OF PROVINCE FOR 
EXPENSES. 

Voted That his Excellency the Governour be desired to continue 
to use his good Offices in Great Britain ; that this province may be 
reimbursed the Charge they have incurred in the last Year's Cam- 
paign. 

And that upon the Grant of the Money the same be remitted in 
some of his Majesty's Ships of War consigned to the Treasurer of 
the province, and that it be insured. [Passed February 9. 



CHAPTER 219. 



Legislative 
Records of the 
Council, xxii., 
508. 

House Jour- 
nal, pp. 255, 256. 



ORDER ON THE PETITION OF ELIZ'^ GAY, ADMX., IN REGARD TO THE 

DIVISION OF AN ESTATE. 

A Petition of Elizabeth Gay Widow and Administratrix of the 
Estate of her late Husband Hezekiah Gay of Dedham deceased, 
And William Gay second Son of said deceased, setting forth. That 
the said Hezekiah had by deed in his Lifetime conveyed to the 
petitioner William One Moiety of his Real Estate in Dedham in full 
of the said William's Share in his whole Estate, And praying that 
the Judge of probate may be enabled to authorize the same persons 
he shall appoint to set off the petitioner Elizabeth's Dower and to 
divide the remainder of the Estate; at the same time to set off the 
petitioner William's Moiety to him. 

Read and 

Ordered That the prayer of the petition be granted, and that the 
Judge of probate for the County of Suffolk be authorized to appoint 
meet and proper persons to divide and set off to the said Elizabeth 
her Dower and Thirds in her said late Husband's Real Estate, and 
at the same time to set off to the said William One Moiety or half 
part of the said deceaseds Real Estate conveyed to him by deed 
from his said Father and also to divide the remainder among the 
other Children of the said deceased or their legal Representatives. 
[Passed February 9. 



[3d Sess.] Province Laws (^Resolves, etc). — 1758-59. 299 

CHAPTER 220. 

ORDER FOR REPRINTING THE PERPETUAL LAWS OF THE PROVINCE. 

In the House of Eepresentatives; Legislative 

Ordered that there be a New Impression of the perpetual Laws councif, xxu.^ 

of this province, and that M'' Samuel Kneeland be employed for ^^^ 

this purpose, He engaging to print and deliver to the Government Ma8s_. 
or their Order on or before the 1^*^ of August next, Three hundred xivii., 462-464. 
Books well bound at twelve shillings each; And that each of the nai"p!m^" 
Members of the present General Court and every Town and District 
in this province be supplied with One Book; That a proper person 
be employed to prepare an Index of the Heads of the Laws, and 
that M' Prat, M"^ Goldthwait and M"^ Flucker be a Committee to 
effect the purposes abovementioned. 
In Council; Read and Concurred, and 

Ordered that Samuel Danforth and Stephen Sewall Esq" be of 
the Committee. {^Passed Fehruary 10. 



CHAPTER 221. 

ORDER ALLOWING £13. 3. 8 TO JOHN PITMAN. 

A Petition of John Pitman of Ipswich, setting forth, That on Legislative 
the 7*^ March. 1757. He inlisted in the pay of this province under coS xxil^ 
Capt. Bailey and went to Fort Edward and there continued in the sio. Mass. 
Service until the death of Capt. Bailey, after which he was turned ixxviii., eg. 
over to Capt. Cane and still continued in the Service until the 30"" Mass. 
of October following; but that he is not made up in any Muster ^x^y^Ifeg. 
Roll; And praying an Allowance for his said Service and until his House Jour- 

-D i. I, nal,pp.l29,205, 

Return home. 249. 

Read and 

Ordered that, the sum of thirteen pounds three Shillings and 
eight pence be allowed and paid out of the publick Treasury to 
the Pet' in full consideration for his Services within mentioned. 
\^Passed Fehruary 12. 



CHAPTER 222. 

VOTE REFERRING ALL UNFINISHED MATTERS. Legislative 

Records of the 
Council, xxil., 

Voted That all Matters now before the Court and not acted upon ^^ 

have the same day at the next Sitting of this Court. \^Passed Feb- House Jour- 
ruary 12. 



300 Province Laws {Resolves, etc.). — 1758-59. [Chaps. 223, 224.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-eighth Day of February, A.D. 

1759- 

CHAPTER 223. 

ORDER CONFIRMING AN ASSESSMENT AND THE WARRANT FOR COL- 
LECTING THE SAME IN THE TOWN OF HULL. 

Record"onhe ^ PETITION of John Goold and others Selectmen of the Town 
Council, xxii., of Hull, setting forth that it hath always been the practice in said 

^Hii^^^ Town (which is likewise the practice in many other Towns) to join 

R^cordfof the ^^ ^^^ '^^^ ^^^^ ^^^® County and Town Tax, and to commit the 
Council, xxii., same with a Warrant to the Collector to levy and collect, but they 
journai,^^ have ncvcr understood the Law to require that said Warrant should 
it« ^^Prcmn^e' ^^ Sealed. That this Method was observed in the year. 1754. and 
L;iw8,^in., 644, that M' Ephraim Bosworth of said Hull pretending to be included 
in the exemption of Annabaptists brought his Action against the 
Collector of that Year for a Distress by him taken, which Action 
is yet pending. That the said Ephraim distrusting his Exemption 
aforesaid is desirous of availing himself of these supposed Defects 
in making the Assessment, in which if he should prevail the Town 
would be thrown into Confusion and burthened with endless Law 
Suits. Therefore praying that this Court would take such Order in 
the Case as may cure all defects of Form in the said Warrant and 
Assessment. 

Read, and in answer to this petition 

Ordered That the prayer thereof be so far granted as that the 
Assessment made in the year, 1754. as mentioned in said petition, 
and the Warrant for Collecting the same be and hereby are declared 
valid to all intents and purposes whatsoever the joining the Town 
and County Tax together, and the Warrant being without Seal not- 
withstanding. {^Passed March 1. 



chap. 15. 



CHAPTER 224. 

ORDER IMPOWERING ABR* HOW, JUN^, GUARDIAN, TO SELL A MINOR'S 

RIGHT IN AN ESTATE. 

Records^of the ^ PETITION of Abraham How jun'' of Ipswich Guardian to Samuel 
Council, xxii., Perlcy a Minor of about Sixteen years of Age, setting forth That his 

^^ Share in his Father's Estate exclusive of what was assigned to the 

Su"ppSi74, Widow as her Dower, is of the Value of about Eighty pounds, That 
175,257,263. ^hc Said Miuor is so intent upon his Studies, and so desirous of an 



[4th Sess.] Province Laws (Besolves^ etc.). — 1758-59. 301 

Education at College, that he cannot fix his mind to any business, 
That the Income of his said Estate is by no means sufficient to defrey 
the expence of such an Education, And praying liberty to Sell the 
said Minors Share as aforesaid, and to employ the produce in defrey- 
ing said Expence. 

Read and 

Ordered That the prayer of this petition be granted, and that the 
said Abraham How as Guardian to Samuel Perley a Minor be and 
he liereby is impowered to make Sale of said Minors Share in the 
two thirds of his Fathers Estate mentioned, and to give and pass 
a good and lawful deed or deeds thereof in the Law; the Money 
arising by such Sale to be applied (so far as shall be necessary) for 
defreying the charges of obtaining a liberal Education for said 
Minor, the petitioner giving bond with sufficient Security to the 
Judge of probate of Wills &c. in the County of Essex to be ac- 
countable for the proceeds of the Sale of the premisses. \^Passed 
March 2. ' 



CHAPTER 225. 

ORDER EXCUSING DIVERS PERSONS FROM PAYING FINES FOR SELLING 

LIQUOR WITHOUT A LICENCE. 

A Petition of Gad Lyman of Northampton in the County of ^^f'^d^^'^fth 
Hampshire, Collector of the Duties of Excise on Spirituous Liquors council, xxu., 

in said County, setting forth, That divers persons within his district ^— 

had sold Rum to the Soldiers on their Marches through the Woods Archives cxx 
beyond Northampton, since his being in the Office; and that the 2o8- House 
Commissary of Fort Massachusetts continually supplies the Soldiers pp?260, 262. 
at West Hoosuck with Rum by Retail; And praying the direction 
of the Court. 

Read and 

Ordered That the persons referred to in the petition be excused 
from paying any Fine for selling Liquors within the time and in 
such manner as is set forth, without Licence; provided they Account 
with the within named Collector upon Oath, and pay him the duty 
that Licenced persons are by Law held to pay; And that all such as 
had Warrants x\s Sutlers shall be excused from accounting or pay- 
ing as aforesaid. \_Passed March 2."^ 



CHAPTER 226. 

ORDER ON THE MEMORIAL OF ROBERT BALLS IN REGARD TO THE 

LIGHT HOUSE WHARF. 

A Memorial of Robert Balls Keeper of the Lighthouse setting Legislative 
forth That the North Wharf at the said Light house is gone greatly gounc'if. xxiHf 
to decay, the Foundation being so defective, that the Stones fall off ^is. 
into the Sea, by which means the Wharf is settled over to the South House Jour- 
Wharf in such manner as to render it difficult of xiccess, and to prov'iiice ' 

• This date is according to the House Journal ; according to Legislative Records of the 
Council the date is March 1. 

' This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is March 1. 



302 



Province Laws (Besolves, etc.). — 1758-59. [Chaps. 227, 228.] 



Laws, xlv., 543, 
chap. 13. 



endanger the said South Wharf; And praying that the Court would 
take such Order in the premisses as they shall judge meet 

Eead and 

Ordered That the Committee appointed to take care of the Ee- 
pairs of the Lighthouse be directed to take under Consideration the 
State of the Wharves mentioned, make an estimate of the charges 
of building or repairing them, and report thereon. [Passed March 2. 



CHAPTER 227. 



ORDER IMPOWERING SARAH CLAP, ADM^, TO SELL LAND, AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 

518. 

House Jour- 
nal, pp. 261, 266. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Sarah Clap Widow and Administratrix of the 
Estate of Preserved Clap late of Hadley deceased Intestate Setting 
forth That the said deceased Debts exceed the Amount of his per- 
sonal Estate the sum of Sixty eight pounds; That the deceased 
among other Eeal Estate died siezed of a peice of Land contain- 
ing One hundred Acres lying in East Hadley, in the third or East- 
ermost division of Lands therein, bounded Easterly upon Pelham 
line, Northerly on land belonging to Jonathan Edwards, westerly 
on a Highway or Land sequestred for an Highway by the Town of 
Hadley, and Southerly on a Farm owned by, and lived now upon, 
by Thomas Hastings; And praying that She may be impowered to 
Sell the same; She to be Accountable. 

Eead and 

Ordered That the prayer of this petition be so far granted as that 
the petitioner in her said Capacity be and hereby is authorized and 
impowered to make Sale of the Land within mentioned for the most 
the same will fetch, and to make and execute a good deed or deeds 
of the same to the purchaser his heirs and assigns. She observing 
the directions of the Law relating to the Sale of Eeal Estates by 
Executors or Administrators and giving sufficient caution to the 
Judge of probate for the County of Hampshire, that the produce 
arising by said Sale shall be applied for the payment of the just 
debts of the deceased, and the Overplus (if any there be) to be 
distributed according to Law. [Passed March 3. 



CHAPTER 228. 



ORDER GRANTING TO ANN STONE LICENCE TO KEEP AN INN. 



Rifords'of the ^ PETITION of Ann Stone of Hopkinton in the County of Mid- 
Cquncii, xxii., dlesex Setting forth that her late Husband Abijah Stone for many 
years past has kept an House of publick Entertainment where She 
now dwells in Hopkinton aforesaid, and that in September last he 
renewed his Licence, and is since that time deceased. And praying 
that the Justices of the Court of General Sessions of the peace for 
the County of Middlesex may be impowered at their next Sessions 
to grant her a Licence for the same purijose. 
Eead and 
Ord^ that the Justices of the Gen' Sessions of the Peace for the 



621. Mass 
Archives, cxi., 
440. 

House Jour- 
nal, p. 269. 



[4th Sess.] Province Li aws (Besolves, etc.). — 1758-59. 303 

County of Middlesex be impowered and allowed (if they see cause) 
to grant the Pef a Licence (She first obtaining the approbation of 
the Select men of llopkinston for that purpose) the time for grant- 
ing Licences being elapsed notwithstanding. [Passed March 7. 



CHAPTEE 229. 

VOTE FOR PROVIDING HOSPITALS AND HOSPITAL STORES FOR THE Legislative 

FORCES Records of the 

(Jouucil, xxii., 
522. 

Voted That Hospitals and Hospital Stores be provided for the use Legislative 
of the Forces that shall be raised in the pay of this province the ^oundf xxi?^ 
ensuinff year under the Command of his Majesty's General. \ Passed sis, 517, sis', 5i9. 

nr JO House Jour- 

March 8. nai,p.270. 

CHAPTEE 230. 

VOTE APPOINTING A COMMITTEE FOR PROVID^ MEDICINES FOR THE 

ARMY. 

In the House of Representatives, Refordfofthe 

Voted That Docf Thomas M'' Witt and Capt, Livermore with council, xxii., 
such as the honourable Board shall appoint be a Committee to con- ^"'^'^• 



Jour- 

270. 



sider and report what medicines may be necessary for the Army that ^a^i^p^, 
shall be raised for this years Service, and that a Box be provided for supra, chap, 
each Regiment accordingly. 

In Council; Read and Concurred and Joseph Pynchon and Wil- 
liam Brattle Esq" are joined in the Affair. [Passed March 8. 



CHAPTEE 231. 

VOTE THAT THE COMMISSARY GENERAL SUPPLY NECESSARIES FOR 

THE FORCES. 

Voted That the Commissary General be supplied with One hun- Legislative 
dred pounds for every thousand Men that shall be raised under the counctf, x xIl? 

Command of his Majesty's General, in order to supply with such ^2^ 

Necessaries as may be wanted to be transported to Albany for the House Jour^_ 
comfortable Subsistence of those that may be Sick and Wounded, aog.'^'posi,'"' ' 
agreeable to such advices as he shall receive from a Committee p^ 333, chap, 
hereafter to be appointed by this Court. [Passed March 8. 



CHAPTEE 232. 

ORDER GRANTING TO JAMES BARRETT LICENCE TO KEEP AN INN. 

A Petition of William Bryant of Reading in the County of Mid- Rlfords'onhe 
dlesex Innh older in behalf of James Barrett of Maiden, setting forth, council, xxii., 
That the said James has purchased of him the petitioner his House Archive8,*'cxi., 
in Reading which has for many years past been a House of publick ^J^ 



304 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 233, 234.] 



Mass. 

Archives, cxi., 
421. House 
Journal, 
pp. 166, 176. 



Entertainment, being very convenient for that purpose ; And pray- 
ing that the next Court of General Sessions of the peace to be holden 
at Charlestown in the County of Middlesex maybe impowered to grant 
the said James a Licence to keep a Tavern in said House Which 
petition having been passed on by the House of Representatives on 
the 19 January last, but not Acted on by the Board. 

Read and 

Ordered that this Petition be Revived ; And that the prayer of the 
Pet"^ be so far granted that the Court of General Sessions of the Peace 
for the County of Middlesex be and they hereby are impowered at 
the Next Term to grant Licence (if they see Cause) to the said James 
Barratt to keep an House of publick Entertainment in the Town of 
Reading he producing an Approbation of the Select men of said Town 
the Time for granting Licences Notwithstanding. \^Passed March 9. ' 



Legislative 
Records of the 
Council, xxii., 
524. 

House Jour- 
nal, pp. 271, 272. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTEE 233. 

ORDER IMPOWERING THOMAS HASKELL, GUARDIAN, TO SELL LAND. 

A Petition of Thomas Haskell Guardian to four Minor Children 
of Dudley Jordan late of Hard wick deceased, setting forth That the 
whole Estate of said deceased consists of about One hundred Acres 
of Land of the Value of about One hundred and thirty pounds 
which rents for Four pounds ^ Annum, that the Eldest Son now 
about Sixteen years of Age will not be able to buy out the other 
Heirs and keep the Estate himself, and that to divide it would render 
it but of little Value, And praying that he may be impowered to 
Sell the whole, he to be Accountable. 

Read and 

Ordered That the prayer of this Petition be granted, and that the 
petitioner Thomas Haskell in his Capacity as Guardian aforesaid be 
and hereby is impowered to make Sale of the premisses for the most 
the same will fetch, and execute a good and sufficient deed or deeds 
of the same he observing the Rules of the Law respecting the Sale 
of Real Estates by Executors and Administrators, and giving suffi- 
cient caution to the Judge of Probate for the County of Worcester 
to Account for the Money arising by said Sale according to Law. 
\^Passed March 9. 



CHAPTEE 234. 



ORDER IMPOWERING JOHN BROWN, ADM^, TO SELL REAL ESTATE AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 



RwOTds^of'the ^ Petition of John Brown of Newbury in the County of Essex 
Councu,xxii., Administrator on the Estate of William Salmon late of Newbury 

— deceased setting forth That the said deceaseds debts amount to Forty 

Sa"pp!'26/6is, six pounds nineteen shillings, and that there is no personal Estate 

262.' Province whcrcwith to discharge the same, that the whole of his Real Estate 

chap. 10.'' ' consists of a small House Lot containing about eight Rods of Land 

adjoining Merrimack River in Newbury aforesaid with a small dwell- 

* This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is March 7. 



[4th Sess.] Province Laws {^Resolves, etc.). — 1758-59. 305 

ing house and Shop thereon apprized at Sixty five pounds; That by 
the Violence of the Eiver the Shop is overturned and the house in 
danger; and as the said William has left no Heirs in New England 
to take care of said Estate ; praying he may be impowered to sell 
the same he to be Accountable. 

Read and 

Ordered That the prayer of this petition be so far granted as that 
the petitioner in his said Capacity be and hereby is authorized and 
impowered to make Sale of the House and Land within mentioned 
for the most the same will fetch, and to make and execute a good 
deed or deeds of the same; He observing the directions of the Law 
relating to the Sale of Eeal Estates by Executors and Administra- 
tors, & giving sufficient caution to the Judge of Probate for the 
County of Essex that the produce arising by said Sale be applied 
for the payment of the just debts of the deceased and the Over- 
plus if any there be to be secured for the right Heirs of the deceased. 
l^Passed March 9. 



CHAPTER 235. 

ORDER ADJOURNING THE COURTS OF BRISTOL COUNTY. 

Whereas divers of the Justices of the General Sessions of the Legislative 
peace, and of the Inferiour Court of Common pleas which by Law coancif xxil^ 
are to be holden at Taunton in and for the County of Bristol on 525. 
the second Tuesday of March instant are Members of this Court, Province 
and the important Affairs of this province now Depending may chfqj^K^'bisI 
require their Attendance thereupon at the said time '''^^^p- ^^■ 

Ordered that the Courts aforesaid that were by Law to be held 
at Taunton in and for the County of Bristol be and hereby are 
adjourned to the second Tuesday of June next, to be holden at 
said Taunton for the County of Bristol at ten o'clock in the fore- 
noon of said day. And all pleas. Writs, Action, Suits, plaints, proc- 
esses precepts. Recognizances and other Matter or Matters whatsoever 
returnable or having day at said Courts in said County shall stand 
abide and continue unto the Adjourments of said Courts as afore- 
said and be held, deemed and adjudged to be as good effectual and 
available in Law to all intents and purposes whatsoever as if such 
Courts had been held and kept on the day's by Law for holding the 
same, and no Adjournment of the same had been made.' \^Passed 
March 9. 



CHAPTER 236. 

ORDER ALLOWING £8 TO JOHN WRIFORD. 



A Petition of John Wriford of Weymouth, setting forth That Legislative 




fifteen months in their hands suffering great hardships 'till he was Mass. 

at length redeemed by Col° Schuyler; that when he was taken he tocvVii.*^m 



* Not found in the House Journal. 



306 



House Jour- 
nal, pp. 237, 273. 



Province Laws (Resolves, etc.). — 1758-59. [Chaps. 237, 238.] 

received a Shot through his Leg, so that he has not had the full 
use of it since. And praying Eelief. 

Read and 

Ordered that the sum of Eight pounds be allowed and paid out 
of the publick Treasury to M' Umphreys for the Use of the Pef 
in full consideration of his Sufferings w^'^in mentioned. \^Passed 
March 10. 



CHAPTEK 237. 



Legislative 
Records of the 
Council, xxli., 
527. Mass. 
Archives, 
Ixxviii., 222. 

House Jour- 
nal, pp. 262, 263, 
272. Ante, 
p. 166, chap. 
385. 



ORDER ALLOWING £11. 14 TO THO*' OLDHAM. 

A Petition of Thomas Oldham of Marshfield, setting forth That 
he was last year in the Service at the Westward in Capt. BenJ^ Pratts 
Company, but was omitted in the Muster Roll so that he has not 
received his pay, nor has he received his billeting Money or Blanket 
agreeable to the province of the Government And praying Relief. 

Read and 

Ordered that the Pef be allowed and paid out of the publick 
Treasury (upon his producing a Certificate that He has return'd 
his Gun &c) the sum of eleven pounds fourteen shillings in full 
consideration for his Wages si-x months and an half. \^Passed 
March 10. 



CHAPTER 238. 

ORDER IMPOWERING JOSEPH BRADFORD, ADM^ TO JOIN WITH OTHER 
HEIRS IN A SALE OF REAL ESTATE. 



Legislative 
Records of the 
Council, xxii., 
527. 

House Jour- 
nal, p. 279. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of William Waters, James Wimble, William Wimble 
Thomas Wimble, Seward Waters, Nehemiah Porter and Sarah his 
Wife, Rebecca Waters, and William and Ebenezer Waters Minors, 
by their Guardian the said Nehemiah Porter, Benjamin Walcot, 
John Butler and Rebecca his Wife, and Hopestill Foster as Guar- 
dian to Abigail, Ann and Zibiah Foster Minors setting forth That 
William Waters late of Boston AVeaver deceased died siezed of an 
•house and land in Boston, abutting Easterly in front upon Middle 
Street, Southerly by Land of Mess" Lee and Allen, Westerly by 
Land of Ebenezer Bridge and Northeasterly by Land of Docf Per- 
kins which descended to his Heirs abovenamed. That said House 
wants great Repairs, and as it can not be divided among the several 
Heirs ; praying that Joseph Bradford of said Boston, Administrator 
of the Estate of said William Waters may be impowered to Sell the 
said Estate, and in behalf of the Minors to execute a deed of the 
same, in conjunction with the other Heirs He to be accountable. 

Read and 

Ordered That the prayer of this petition be granted, and that 
Joseph Bradford Administrator of the Estate of William Waters 
late of Boston Weaver deceased, be and he hereby is impowered in 
behalf of those of the Heirs of the said William who are Minors, 
to join with the other Heirs in the Sale of the House and Land 
mentioned, and together with them to execute a good and sufficient 
deed or deeds of the same, the said Joseph giving sufficient caution 



[4th Sess.] Province Laws {Resolves, etc.). — 1758-59. 307 

to tlie Judge of probate for the County of Suffolk to account for 
the Minors several Shares of the nett proceeds of said Sale accord- 
ing to Law. \_Passed March 12.^ 



CHAPTEE 239. 

ORDER IMPOWERING JOANNA BUTTERFIELD, ADM^, TO SELL REAL 
ESTATE AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Joanna Butterfield Widow and Administratrix of p^'^'^^^^^^f .u 
the Estate of Robert Butterfield late of Westford in the County of councn, xxu., 

Middlesex deceased Intestate, Setting forth that the deceaseds Real ?^ 

Estate was apprized at One hundred pounds that his debts exceed QaTT28o^^' 
his personal Estate Seventy six pounds; so that they cannot be dis- Province" 
charged unless some part of what She is intitled to as her Dower chap!io.'' ^ ' 
be sold for that purpose ; And praying She may be impowered to 
Sell the whole; that the Annual Interest of one third part of the 
produce be allowed her in lieu of her Dower and the remaining two 
thirds be forthwith applied (as far as shall be necessary) for dis- 
charging the deceaseds Just debts, and the Support of his two young 
Children both weakly and infirm, She to be accountable according 
to Law. 

Read and 

Ordered That the prayer" of this Petition be granted, and that 
the petitioner in her said Capacity be and She is hereby impowered 
to make Sale of the whole of the Real Estate, mentioned for the 
most that may be, giving publick Notice previous to the Sale, in 
time and manner as the Law relating to the Sale of Real Estates 
by Executors and Administrators doth direct; She to have the use 
or interest of one third part of the proceeds of such Sale during 
her Natural Life, and to give due caution to the Judge of probate 
for Middlesex, that the principal Sum or third part aforesaid, together 
with what shall remain of the other two thirds, after the payment 
of the deceaseds just debts, be secured for the Heirs at Law of the 
said deceased, and to account with said Judge for her proceedings, 
when thereunto lawfully required. [Passed March 12. 



CHAPTER 240. 

RESOLVES ADOPTING REPORT OF COMMITTEE ON THE GOVERNOR'S 
MESSAGE IN REGARD TO THE CONQUEST OF CANADA. 

The Committee appointed upon his Excellency's Speech to both ^^^^^If^^^ftu 
Houses of the 2*^ Instant, having made Report the following Reso- council, xxii., 
lutions in consequence thereof passed the whole Court, Viz*- Arcw^es^* 

In the House of Representatives. ixxviii., 295. 

In order to a deliberate and mature determination upon the im- Mass. 
portant matters recommended by his Excellency in his Speech of ixxviu.t^s- 
the 3'' in*^ the House find it necessary to take into Consideration the ti^ye Recordsof 
distresses brought upon the Inhabitants of the Province by means theConncii, 
of the great Levies which have been made from year to year since hou'sc^JouV' 

* This date is according to the House Journal ; according to Legislative Records of the 
Council the date is March 10. 



308 Province Laws {Resolves, etc.) . — 1758-59. [Chap. 240.] 

nai,pp.266,273, the War, and particularly by means of the disproportion'd number 
inc'e'Laws, iv.," of Men that were in the Service the last year: The House likewise 
^nie!*p!^'29o, cousider that many of the Inhabitants have Inlisted this present 
chap! iu. Year as Eangers & Batteaumen, and in other branches of His Maj- 
esty's Service ; that the Government is now burden'd with a very 
heavy load of Debt, and the Charges arising from the services of 
the last year are unpaid, and that it will be extremely difficult to 
procure such a sum of money as will be necessary to be immediately 
advanc'd in case of engaging in any further service. On the 

other hand, the House consider the importance and necessity of 
continuing to aid & assist in such measures as His Majesty shall 
be pleased to engage in for the defence and preservation of his Col- 
onies and they likewise consider the gracious assurances of such 
compensation being made as shall render the Burden proceeding 
from such services supportable, and upon the whole It is 

ResoWd that 5,000 Men Officers included be immediately rais'd 
for His Majestys general service viz* four hundred of them to guard 
the Workmen employed in building a Fort at Penobscot, for which 
provision is already made, the remaining 4,600 to be formed into 
Eegiments & to be under Officers from among the Inhabitants of 
this Province (excepting only such and so many of them as may 
enter on board any of His Majesty's Ships of War upon the terms 
hereafter mentioned) and to be employed in the intended Expedi- 
tion against Canada, each Eegiment to consist of a Number not 
less than 900 Men Officers included, and to be proportion'd upon 
the several Eegiments, Troops of horse, Independant Companies 
Batteries of Boston Charlestown Marblehead and Glocester, accord- 
ing to their numbers, and that in case a sufficient Number of Men 
shall not Inlist upon the terms hereafter mentioned on or before 
the Sixth day of April next, then so many shall be impress'd as to 
make up 4,600 which with the 400 aforesaid compleats the number 
of 5,000, and that every Person who has been in the service in former 
Years shall be equally liable to such impress with those who have 
never been in the service. 

Resolv\l that to every non Commission Officer & private Soldier 
of the said 4,600 Men who shall inlist into the said service on or 
before 4 o'Clock in the Afternoon of the said sixth day of April 
next, and shall pass Muster there be allowed and paid in a Treas- 
urers Note a bounty of six pounds and wages from the time of their 
inlistment, and as a further encouragement It is 

ResoWd that to every non commission officer and private Soldier 
who has been in the service or pay of this Province in the years 
1755, 1756, 1757 or 1758 and shall inlist into the said intended Ser- 
vice on or before the 2*^ day of April next there be allowed instead 
of bounty full wages from the 20''' day of November last, »& four 
Months & a half Wages be advanc'd to each amounting to the Sum 
of eight pounds two shillings, & to be paid them in a Treasurer's 
note at the time they pass muster, and that all said notes be upon 
Interest & payable the 2'^ day of June 1760. And it is further 

ResoIv''d that wages be allow'd to each private Soldier employed 
as aforesaid in the Land service at the rate of six dollars ^ month 
untill they are discharged said Service, and that there be given a 
good Blankett to each non commission Officer and private Soldier 
in the Land service. 

Resolv\l that as many of said Men as his Excellency the Gov- 
ernour shall think proper and as are willing to enter into the Sea 



[4th Sess.] Province Laws {Resolves, etc.). — 1758-59. 309 

Service upon such terms as his Excellency shall settle with the 
Admiral or Commander in Chief of His Majesty's Ships of War 
be employed in such service, and that additional wages be allowed 
over and above the ordinary pay in His Majesty's Ships so as to 
make their wages equal with the wages of those in the Land service. 

That in case it shall be found necessary to cause any men to be 
impress'd in order to compleat the 4,600 men as aforesaid, so many 
of such men as his Excellency the Governour shall think proper 
shall be at liberty to enter into the Sea service but none shall be 
compell'd to it. that the whole number of the said 4,600 Men be 
continued in the Service for a time not exceeding the first of novem'' 
next, and to be dismiss'd as much sooner as His Majesty ' Service will 
admit, 

And Whereas it will be necessary that the Forces should be 
allowed Billetting from the time of their enlisting untill their 
receiving the King's Provision, but the present State of the Treas- 
ury will not admit of advanceing the same, and it is likewise neces- 
sary that they shou'd be supplied with Provisions or allow'd Billetting 
from the time of their discharge untill their arrival at their several 
places of abode. 

Resolved that application be made to the General & Commander 
in Chief of His Majesty's Forces that Billetting may be allow'd and 
promised to each man from the time of his Enlistment untill he i 

receives- the King's Provisions at the rate of six pence sterling ^' 
day, and that each Man shall either be furnished with Provisions 
for his Subsistance from the place where he shall be dismissed untill 
he arrives at his place of abode, or that he be allowed six pence 
sterling per day accounting every fifteen miles distance for one day, 
and that the officers be allowed Kations according to their Eank 
as has been usually given to the officers of His Majesty's Regular 
Forces, which proportion the Officers of the last year entered into 
the Service with full expectation of receiving, but this Court are ! 

informed it has not yet been allow'd them. : 

And Whereas His Majesty has been pleas'd to declare by his ; 

Secretaries of .State in the years 1756 & 1757. that all which he ; 

expected from this Government was the Levying Cloathing & pay- ' 

ing of the men, and whereas monies have been advanc'd by this 
Government for other necessary Charges in expectation of a reim- 
bursem* from the commanders in chief, but the accounts of such 
Charges have been refused to be allowed and such Eeimbursement 
has been withheld, and whereas His Majesty has been pleased to 
repeat in the most explicit terms the same declaration in a Letter 
from the R^ Hon''''^ M^ Pitt of the 9"^ December last. 

Resolved that his Excellency General Amherst be acquainted that 
this Government cannot advance any further Sum than what shall 
be necessary for those particular Services and depend on provision 
being otherwise made for every other expence or article of Charge 
that shall be determined to be necessary. 

And Whereas the obliging the Forces to receive Rice instead 
of Pease, has not only been dissatisfactory to the Provincials who 
have not been used to that Species of Provisions, but has also been 
as is apprehended prejudicial to their Health. 

Resolv''d that the Commander in chief of His Majesty's Forces 
be acquainted, that it is the desire of this Governm'' y'' a sufficient 
quantity of Peas may be provided for the Service of the present 
Year. [^Passed March 13. / 

1 Sic. 



310 



Province Laws {Besolves, etc.). — 1758-59. [Chaps. 241, 242.] 



CHAPTER 241. 



Legislative 
Records of the 
Council, xxii., 
534. Mass. 
Archives, cxx., 
261. 

Mass. 

Archives, cxx., 
260. House 
Journal, p. 283. 



ORDER GRANTING TO PHEBE PROCTOR LICENCE TO SELL STRONG 

DRINK. 

A Petition of Phebe Procter Widow of Phillip Procter late of 
Westford in the County of Middlesex deceased, Setting forth That 
her said Husband having been licenced to retail Spirituous Liquors 
had before his decease provided a quantity of such Liquors which 
remain in a perishing Condition, And praying that the Court of 
General Sessions of the peace for the County aforesaid may be im- 
powered to grant her a Licence for the same purpose. 

Eead and 

Ordered that the Justices of the Gen' Sessions of the Peace for 
the County of Middlesex be allowed and impowered (if they see 
cause) to grant the Pet" a Licence she first obtaining the approbation 
of the select men of Westford for that purpose the time for grant- 
ing Licences being elapsed notwithstanding. \^Passed March 13. 



CHAPTER 242. 



Legislative 
Records of the 
Council, xxii., 
534. 

House Jour- 
nal, pp. 276, 277, 
282. 



ORDER IMPOWERING TIM" DWIGHT, JUN^, & TIM*^ EDWARDS, EXECU- 
TORS, TO SELL REAL ESTATE AND MAKING PROVISION IN REGARD 
TO THE PROCEEDS. 

A Petition of Timothy Dwight jun' of Northampton and Tim- 
othy Edwards of Stockbridge both in the County of Hampshire 
Executors of the last Will of M" Sarah Edwards Widow of the 
late Rev'' M' Jonathan Edwards of Nassau Hall deceased. Setting 
forth, That the said Jonathan had appointed said Sarah sole Ex- 
ecutrix of his last Will and Testament, wherein having bequeathed 
certain specifick Legacies to his Children, he devised to his said 
Executrix his whole Estate Real and personal to enable her to dis- 
charge the same; but that She dying soon after her said Husband, 
had only caused the said Will to be proved ; without having discharged 
any of the said Legacies, and as they cannot be discharged without 
selling a considerable part of the Real Estate, which they are not 
impowered by the Will of said Sarah to do ; praying that they may 
be enabled to dispose of all or so much of the said Jonathans Real 
Estate as may be sufficient to pay and discharge the several Legacies 
by his said Will given to his Children And further praying that 
they may be enabled to join with M" Rebecca Hawley of Nortliamp- 
ton in making partition of some Lands in the Town of Pelham belong- 
ing to her, and to the Estate of the said Jonathan. 

Read and 

Ordered That The petitioners be and they hereby are allowed and 
impowered to make Sale of all the Real Estate that M" Sarah Edwards 
late of Stockbridge deceased was impowered by the last Will of her 
late Husband the Rev'' Jonathan Edwards to make Sale of, and to 
make and execute a good deed or deeds of the same to pay the Leg- 
acies herein mentioned, giving sufficient Security into the probate 
Office for said County that the Money arising by said Sale shall be 
disposed of for the payment of said Legacies, and if any remains 
to be disposed of according to Law, Also 



[4th Sess.] Province Laws {Resolves^ etc.). — 1758-59. 311 

Voted That the said Dwight and Edwards be aud they hereby are 
fully impowered to make full and ample partition in behalf of the 
Heirs of M" Edwards beforementioned of the Lands lying in com- 
mon with M" Eebecca Hawley, and to make all such Conveyances 
as may be thought Necessary to perfect and compleat the same. 
{Passed March 13. 



CHAPTEK 243. 

ORDER ALLOWING £2. 13. 4 TO JOSHUA SIMONDS. 

A Petition of Joshua Simonds Setting forth That he inlisted legislative 

, „ ^ • r-, -i-nT- • T1 -i Records or the 

m the pay of this Government in the Expedition intended against council, xxii., 
Crown point in the years, 1755 and 1756. and was in pursuance of ArcWv^esT' 
an Order of Court thereby intitled to half pay during the inter- ixxviii.,5. 
mediate Space, but was not made up in the Roll so as to intitle Mass. 

!•. • l^ AT • -r, ^• £ Archives, 

him to receive the same ; And praying Keliei. ixxvin., 4. 

Read and in answer to this Pef^ ^aTpp'^Ssa. 

Ordered that the sum of two pounds thirteen Shillings and four Province 
pence be allowed and paid out of the publick Treasury to Israel cim^!'3io."' ' 
Williams Esq' for the Use of the Pet^ \^Passed March 14. 



CHAPTEK 244. 

ORDER IMPOWERING DANIEL CURRIER TO SELL LAND, AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Dorothy Colby, Widow of Samuel Colby late of ^gfofd^of the 
Almsbury deceased, setting forth That She is now Eighty seven councn, xxii., 

years of Age, and has nothing to Support her but the Income of ^— 

about four Acres of Land which was set off to her as her Dower. ^aTpp'273'^2-7. 
That the Children have sold their parts of the Estate and some Province 
removed elsewhere and others so reduced as to be unable to sup- chap!'io.'' ' ' 
port her; And praying She may be impowered to Sell the said four 
Acres of Land for her Relief and Support. 

Read and 

Ordered That the prayer of this petition be granted, and that 
Daniel Currier of Almsbury be and hereby is impowered to make 
Sale of the Land within mentioned for the most the same will fetch, 
and to execute a good deed or deeds of the same; Notifications by 
him being first posted in some publick places in said Town fifteen 
days before the time of Sale ; He giving sufficient caution to the 
Judge of probate for the County of Essex that upon receiving the 
produce thereof, he shall convert so much of the same for her Sup- 
port as her Necessity shall require, and to be accountable to the 
said Judge for the Remainder. \^Passed March 14. 



312 Province Laws {Resolves, etc.) . — 1758-59. [Chaps. 245, 246.] 



CHAPTER 245. 



VOTE ALLOWING SUNDRY SUPPLIES TO SOLDIERS IN THE SERVICE. 



Legislative 
Records of the 
Council, xxii., 
539. Mass. 
Archives, 
Ixxviii., 315. 

House Jour- 
nal, p. 287. 
Ante, p. 307, 
chap. 240. 



Voted as an Encouragment to the Soldiers who proceed in this 
Year's Campaign. 

That to each Mess of Six men there be given two tin keetles 
each containing ten quarts. 

One Flesh brush to each Mess. 

One Wooden Bottle made with one hoop (if to be procured) for 
each man or a Canteen and one hatchet for each mess and thirty 
Watch Coats for each Eegiment. \^Passed March 14. 



CHAPTER 246. 



ORDER OF NOTICE ON THE PETITION OF SAM^- READ TO BRING 
FORWARD A WRIT OF REVIEW. 



Legislative 
Records of the 
Council, xxii., 
537. 

House Jour- 
nal, pp. 145, 146, 
156, 289. 



A Petition of Samuel Read of Lunenburgh in the County of 
Worcester Gent" Setting forth, That in the Month of December 
1757. one Joseph Eaton of Lynn brought an Action of defama- 
tion to the Inferiour Court of Common pleas for the County of 
Essex, and by advice of his Council he justified the uttering of 
the Words charged against him, and consented to give in to the 
plant,* a bill of the particulars he designed to prove six weeks before 
the next Sitting of the Court, and the Cause being continued for 
that purpose, the bill was given in accordingly, and the Jury hav- 
ing heard the Case gave the plaintiff only twenty shillings damage, 
and so by Law he could have only twenty shillings Costs ; From this 
Judgment the said Joseph Appealed to the Superiour Court held 
in Ipswich in June last where the Appellant had a Verdict against 
the petitioner for Five pounds damages and Costs, The petitioner 
apprehending that by the Letter of the province Law he is excluded 
the privilege of a Eeview, although his case is not within the inten- 
tion of the Law, and as two or three material Witnesses of his were 
absent in the Campaign when the Tryal came on. He prays that he 
may be enabled to review the said Judgment of the said Superiour 
Court at the next Superiour Court to be held in the County of Essex. 

Read and 

Ordered That the petitioner serve the Adverse party with an 
Attested Copy of this petition that he shew cause (if any he have) 
on the first Friday of the next Sitting of this Court, why the prayer 
thereof should not be granted. [^Passed March 15. "^ 

1 Sic. 

- This date is according to the House Journal ; according to Legislative Records of the 
Council the date is March 14. 



[4th Sess.] PKOvmcE Laws {HesolveSy etc.). — 1758-59. 313 



CHAPTER 247. lSS'o'f.he 

Council, xxii., 
541. M.188. 
ORDER DIRECTING THE COMMISSARY GENERAL TO PROVIDE KNAP- Archives, 

SACKS FOR NON COMMISSIONED OFFICERS AND SOLDIERS. Ixxviii., 318. 

House Jour- 

Ordered that the Commissary General be directed to Cause to be ^nuX^^tk, 
ry Non commission Officer and Soldier in this Year's chap'. 245. 



provided for every 

Campaign One Knapsack. [^Passed March 15 



CHAPTEK 248. 

VOTE IMPOWERING THE MASHPEE INDIANS TO EXECUTE A DEED. 

Voted That the Guardians of the Mashpee Indians, Notify The Legislative 
said Indians to meet together, at such time, and in such place, as coundf xxii!^ 
they shall appoint, in Order to Chuse three suitable persons, on their 54i. Mass. 
behalf to make and Execute to the Eeverend M' Gideon Hawley a xxxm!, si. 
Good Deed of Conveyance in the Law of five Acres of Land in their House Jour- 
propriety, to Accommodate him with a convenient house Lott; and ^nte\f%\ 
also on their behalf to make & Execute to the said Gideon a Lease chap'. 76 fp. 257, 
or other proper Instrument to convey to him, during his ministry *^ ^^' ^^^' 
among them, the Sole use & Improvement of thirty Acres of their 
Land, which is cleared together with the Improvement of so much 
of their Salt Marsh as will produce five Tons of good hay & also the 
privilege of Cutting from off their said propriety his fire Wood and 
fencing stuff during s'^ Term. 

Further 

Voted That the s*^ Indians so Assembled or the Greater part of 
them be hereby Impowered to Choose three suitable jDersons as afores*^ 
for the purposes afores'^ Which persons so chosen, are hereby Au- 
thoriz'd & Impowered for the said Indians & in their names to make 
& Execute to the said Gideon, (in Consideration of his pastoral Ser- 
vices among them) a good & sufficient Deed of Conveyance in the 
Law of the said five Acres of Land, to hold to him his heirs & assigns 
forever And also to make & Execute a Lease or other proper Instru- 
ment to Convey to the said Gideon, during said Term the Use & 
Improvement of the aforesaid thirty Acres of Cleared Land, & so 
much of their Salt marsh as is aforemention'd together with priv- 
ilege of Cutting his fire »& fenceing Wood as afores** 

The whole proceedure to be under the Conduct & Direction of the 
said Guardians. \^Passed March 15. 



CHAPTER 249. 

ORDER ALLOWING £12 TO JAMES CONCK. 



A Petition of James Conck of Townshend, setting forth. That Le<risiative 
in the year, 1758. he inlisted divers Men into his Majesty's Service coum^f. xxil!? 
and paid the Bounty for two of said Men out of his own Pocket, Archives?" 
that he afterwards went into the Service himself as a Sergeant, for ixxviii., -iio. 



314 



Province Laws (^Resolves, etc.), — 1758-59. [Chaps. 250, 251.] 



House Jour- 
nal, pp. 281, 282, 

287. 



which he hath not as yet received the province Bounty, nor hath 
he received the premium for inlisting said Men, And praying Eelief . 

Eead and 

Ordered that the prayer of the Pet° be so far granted as that the 
Pef be [allowed] ' the sum of twelve pounds Viz Eight pounds for 
the bounty of Jeremiah Ball and John M^ntosh and four pounds 
as bounty for the Pef the said Sums to be paid out of the Money 
in the hands of John Murray Esq"" taken out of the Treasury for 
the late Cap* Johnson's Company. [^Passed March 15. 



CHAPTER 250. 



ORDER ALLOWING £4. 16 TO JOB CROOKER. 



Legislative 
Records of the 
Council, xxii., 
542. Mass. 
Archives, 
Ixxviii., 195. 

Mass. 
Archives, 
Ixxviii., 195. 
House Jour- 
nal, pp. 283, 288. 



A Petition of Job Crooker of Duxborough in the County of 
Plymouth, setting forth That he inlisted the last year into his Maj- 
esty's Service in the pay of this province and proceeded in Capt. 
Bradfords Company and Col° Doty's Regiment to Ticonderoga and 
continued with the Army until the 20*'' August, when Lieu* Col° 
Doane gave him a Furlough to return home on account of his ill 
state of health, that he continued ill after his return, and was at 
Expence for Doctors and Nursing, but that he is made up in the 
Muster Roll only to the said 20"^ day of August ; And praying Relief. 

Read and 

Ordered that the sum of four pounds Sixteen Shillings be allowed 
and paid out of the publick Treasury to the Pef in full considera- 
tion for his sufferings within mentioned. \^Passed March 15. 



CHAPTER 251. 



ORDER ALLOWING £5 TO ZACH^ GILSON. 



Legislative 
Records of the 
Council, xxii., 
542. Mass. 
Archives, 
Ixxviii., 216. 

Mass. 
Archives, 
Ixxviii., 216. 
House Jour- 
nal, pp.276, 289. 



A Petition of Zackary Gilson of Hatfield, setting forth That he 
was a Soldier in the pay of this province in 1757. and was taken 
prisoner at Fort William Henry and carried to Canada from whence 
after Suffering great hardships he returned home by way of Halifax 
where he had the Small pox ; and praying Relief. 

Read and 

Ordered that the sum of five pounds be allowed and paid out 
of the publick Treasury to Israel Williams Esq' for the Use of the 
Pef in full consideration for his Sufferings mentioned. [^Passed 
March 15. 



Inserted from Legislative Records of the Council, xxii., 542. 



[4th Sess.] Province Laws {Besolves, etc.), — 1758-59. 315 



CHAPTER 252. 

ORDER ALLOWING £3. 12 AND A FURTHER ALLOWANCE OF £1. 8 TO 

NATH'- DAVIS. 

A Petition of Nathaniel Davis of Berwick, setting forth, That Reford"Jf the 
he was a Soldier in the pay of this province in 1757. and was taken Councji.xxii., 
prisoner at Fort William Henry and carried to Canada from whence Archives^,^' 
after Suffering great hardships he returned home by way of Nova ixxviii., 269. 
Scotia; And praying Eelief. Mass. 

■D J J Archives, 

Read and ixxviii., 268. 

Ordered that the Pef be allowed and paid out of the publick naTrf 2^7"^' 
Treasury three pounds twelve Shillings for two month's Wages as Ante, p. 135, 
has been allowed to others included in the Capitulation; and one ^ '^^' 
pound eight Shillings in consideration of his Sufferings &c. The 
said money to be paid to Cap' Chadburne for the Use of the Pef. 
[Passed March 15. 



CHAPTER 253. 

ORDER ALLOWING £5 TO EACH SOLDIER CAPTURED AT FORT WILLIAM Legislative 

HENRY, RETURNING HOME, EXCEPT BY WAY OF EUROPE. Records of the 

' ' Council, xxii., 

543. Mass. 

Ordered that the Sum of five pounds be allowed out of the Treas- bc^xvm^^sn. 
ury to all those Persons who were captivated at the Destruction of House Jour- — 
Fort William Henry and may return home by any other way than nai, p. 289. 
Europe. [Passed March 15. 



CHAPTER 254. 



ORDER ALLOWING £8 TO JOSHUA NEWTON. 



A Petition of Joshua Newton, setting forth. That he was a Legislative 
Soldier in the pay of the province the last year, and was taken counc^f, xxil!^ 
captive by the Enemy on the 20 July, and carried to Quebeck, and 5*3. Mass. 
from thence sent to England, from whence he returned home by ixxviii., 229. 
way of South Carolina after great Sufferings and at a great Expence Mass. 
And praying an Allowance. hcx^n*'^229 

Read and House Jour. 

Ordered that the sum of eight pounds be allowed and paid out "^^^'PP-' ^'' • 
of the publick Treasury to M' Isaac Temple for the Use of the Pef 
in full consideration for his Services and Sufferings W'in mentioned. 
[Passed March 15.^ 

' The date of final concurrence in the Council is given in Mass. Archives as March 14; 
evidently a mistake, as the same order states that its reading in the House occurred on 
March 15. The House Journal and Legislative Records of the Council both give the date 
as March 15. 



316 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 255-257.] 



CHAPTER 255. 



VOTE ESTABLISHING WAGES FOR ONE HUNDRED AND FIFTY MEN ON 
BOARD PROVINCE SHIP KING GEORGE. 



Legislative 
Eecords of the 
Council, xxii., 
544. Mass. 
Arctiives, Ixv., 
550. 

House Jour- 
nal, p. 290. 
Province 
Laws, iii., 1067, 
note. Infra, 
chap. 256. 



Voted that the following Establishment of Wages be made for 
One hundred & fifty Men (Officers included) for the Province 

Ship called the King George to continue untill the first day 

of September next provided the War with France shall continue 
so long Viz'' 



For a Captain 

For a Lieutenant 

For a Master 

For a Pilot . 

For a Chururgeon 

For a Chirurgeon's mate 

For a Chaplain 

For a Mate . 

For a Carpenter 

For a Gunner 

For a Boatswain 

For a Sailmaker 

For an Armourer 

For a Coxswain 

For a Boatswain's Mate 

For a Steward 

For a Cook . 

For a Quarter master 

For each Seaman . 



Eight pounds per month 

Five pounds ditto 

Four pounds ditto 

Four pounds ditto 

Four pounds ditto 

Two pounds, Ten shillings ditto 
Three pounds, Ten shillings ditto 

Three pounds ditto 

Three pounds ditto 

Three pounds ditto 

Three pounds ditto 

Two pounds, ten Shillings ditto 

Two pounds, ten Shillings ditto 

Two pounds, ten Shillings ditto 

Two pounds, five Shillings ditto 

Two pounds, five Shillings ditto 

Two pounds ditto 

Two pounds, five Shillings ditto 

Two pounds ditto 



and that his Excellency be desired to give orders for enlisting said 
Men accordingly. \^Passed March 15. 



Legislative 
Records of the 
Council, xxii., 
544. Mass. 
Archives, Ixv., 
551. 

House Jour- 
nal, p. 284. 
Province 
Laws, iii. ,1067, 
note. Siipra, 
chap. 255. 



CHAPTER 256. 

VOTE ESTABLISHING ALLOWANCE OF PROVISIONS ON BOARD PROVINCE 

SHIP KING GEORGE. 

Voted that the following allowance of Provisions be made to 
each Man in the Service on board the Province Ship of War King 
George Viz 



Six pounds of Bread 
Four pounds of Pork 
Three pounds of Beef 
One pound & half of Flower 
One Quart of pease or beans 
Seven Jills of Rum 
Three Gallons of Beer. 



F Week 



\^Passed March 15. 



CHAPTER 257. 



ORDER IMPOWERING THE OVERSEERS OF THE POOR FOR THE TOWN 
OF BOSTON TO INLIST JOHN KIDNEY IN THE SERVICE. 



Legislative A PETITION of John Kidney of Boston Mariner, Setting forth 

Councif,xxii.f That he has been for four or five months past a prisoner in Boston 
^ Goal, and having been by the Court of General Sessions of the 



[4th Sess.] Province Laws [liesolves, etc.). — 1758-59. 317 

peace in January last adjudged the reputed Father of a Bastard naUjp''2°G'^289 
Child, and Ordered to pay three shillings ^ week for its Support, 
and to give bonds with Sureties to indemnify the Town of Boston, 
and to pay Costs; All which he is utterly unable to comply with, and 
as he is able and willing to serve his King and Countrey as a Mar- 
iner; praying he may be permitted to go into such Service for any 
term of time, and be discharged from said Sentence. 

Read and 

Ordered That the Overseers of the poor of the Town of Boston 
be and they hereby are allowed and impowered to dispose of the 
petitioner into his Majesty's Service for such time as they think 
reasonable for Satisfying the Sentence abovementioned. [Passed 
March 16. 



CHAPTER 258. 

VOTE ALLOWING SUBSISTENCE MONEY TO THE SOLDIERS. 

Voted that there be advanced and paid to Each Non-Commission Legislative 
Officer and Private that shall be Employed by this Government in councff xxil!^ 
His Majesty's Service under His Majestys General and Commander 54s. Mass. 
in Cheif Six. pence Sterling a day for subsistance to Each man from Lxxviii., 326. 
the Time of their Enlistment or being impressed untill they arrive House Jour- 
at Worcester and to be paid them at the Time of their Marching X^^/' ^307 
off in Companys from the several places where they are Collected chap'. 240. 
and also those non Commissioners & Privates who are to go by water 
that they be paid off their subsistance at the rate afors*^ at the Time 
of their Embarkation. [Passed March 16. 



CHAPTER 259. 

ORDER ALLOWING WAGES TO COL. JOS. FRYE. 

A Memorial of Joseph Frye Esq'' Setting forth That in the year. Legislative 
1757. He was appointed Colonel of Eighteen hundred Men raised councif xxil!^ 
that year by the province and put under the Command of the Earl 548. M.iss. 
of Loudoun; that the whole care of this body of Men which it was ixxvii., eos. 
thought at first required five Field Officers, devolved on the Memo- Mass. ' 

rialist; That his Expence as well as care and trouble was hereby ^^xv^j^^eoi 
increased, That having the Misfortune to fall into the Enemy's House Jour- 
hands at the Surrender of Fort William Henry, he suffered great 2^3.' ^province' 
hardships and stript of his Arms, Cloathing & Camp Equipage and ^ot^^' "*'' ^^'^^' 
by the Capitulation laid under Obligation not to take up Arms 
against the Enemy for the term of eighteen Months ; That having 
lost his papers and his men dispersed and scattered, his whole atten- 
tion was engaged from the time he came home to the latter end of 
February before he could get any tolerable state of the Eegiment 
And it was the 14 of April, before he had compleated the Eolls and 
other business of the Regiment; And praying the Consideration of 
the Court, and such Allowance as they shall judge meet. 

Kead and 

Ordered that the Pef be allowed Wages from the time of his 



318 Province Laws (Hesolves, etc.). — 1758-59. [Chaps. 260, 261.] 

entring into the Service till the 14**^ of April 1758 at Eighteen 
pounds per Month, deducting what He has already recieved out of 
the Treasury for that service. [Passed March 16. 



CHAPTER 260. 

ORDER ACCEPTING REPORT OF COMMITTEE ON THE PETITION OF LEAH 
RICE, ADM"^, AND DIRECTING CAP'^ JABEZ UPHAM TO PAY THE WAGES 
OF HER HUSBAND. 

Rlfords oYthe ^ Petition of Leah Rice of Brookfield in the County of Worces- 
Councii, xxii., tcr Widow and Administratrix of the Estate of Charles Eice of said 
Archives, ^^^" Brookfield Husbandman deceased, setting forth that her said Hus- 
ixxYiii.,2n. band upon the Alarm in 1757. Marched as far as Kenderhook under 
Mass. Capt. Abbot and was since killed by the Enemy in the Service of 

Archives *j J 

Lxxviii., 212. tlic Government, and that he is made up in Capt. Abbot's Eoll as 
Sal^ppS^so. a Servant to one Eobert M'=Clafflin, whereby She is wrongfully pre- 
295. vented receiving what was justly [due] to her said Husband, And 

praying Eelief. 

The Committee appointed on the petition of Leah Eice Eeported 
That they had made due inquiry into the Affair, and were of Opinion 
that Capt. Jabez Upham in whose hands the pay of the Eoll of Capt. 
Abbot was put for payment, pay the sum of Two pounds four shil- 
lings and five pence carried off to the late Husband of the petitioner 
in said Eoll, to the petitioner as Administratrix on his Estate. 

(Signed) John Chandler 

Eead and accepted and 

Ordered the Cap* Upham pay Said Wages accordingly. [Passed 
March 17.' 



CHAPTER 261. 

ORDER DIRECTING THE SELECTMEN OF WATERTOWN TO CALL A TOWN 
MEETING AND APPOINTING A MODERATOR THEREFOR. 

Legislative ^ PETITION of William Bond and a number of others, Inhabi- 

Recoras of the . n i i a i • i •^^ ^ 

Council, xxii., tants of VVatertown, setting forth the Arbitrary and illegal pro- 

^"^' ^^'^' ceedings of the Selectmen of said Town at their Annual Meeting 

Records'of the ^^ Monday last ; and praying that the said Meeting may be set aside, 
E-"°CT^' ''^"•' or that they may be otherwise relieved. 

Journal, The Committee appointed the 14 Instant, on the petition of Wil- 

pp. 2,1, 286, 294. ]jg^j^ Boud and others of Watertown, having reported as their Opin- 
ion that this Court appoint some suitable person for a Moderator 
Of a Town Meeting to be held in said Town for the Choice of Town 
Officers for said Town. 

Eead and Accepted, and thereupon 

Ordered That the Town Meeting that was to be holden by Adjourn- 
ment in said Town of AVatertown on Monday next be superceded and 
set aside and that the Selectmen of said Town be directed to call a 
Meeting of their Inhabitants (qualified by Law to Vote in Town 
Affairs) to be holden on the 27**' day of March current at 11 of the 
clock beforenoon, at the place of their usual Meeting, for the choos- 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is March 16. 



[4th Sess.] Province Laws (Mesolves, etc.). — 1758-59. 319 

ing Town Officers for the present year, and for transacting such other 
proper Town Business as may be inserted in the Warrant or Warrants 
for calling said Meeting; Also 

Ordered that Benjamin Lincoln Esq"" be the Moderator of said 
Meeting, and that he be and hereby is vested with the same power 
in all respects as any Moderator of a Town Meeting is by Law vested 
with; And the Assessors of said Town are hereby required to pro- 
duce at said Meeting the List and Valuation of the Estates and 
Faculties of the several Inhabitants there last made by Assessors 
under Oath, to be made use of in determining the Qualification of 
Voters as occasion may require, the charge to be borne by the Town 
of Watertown. [Passed March 17. 



CHAPTER 262 . 

ORDER ALLOWING £7 AND A FURTHER ALLOWANCE OF £3, ALSO A 
PENSION OF £4 PER ANNUM TO EPHRAIM COOK. 

A Petition of Ephraim Cook of Kingston, Setting forth. That ^|g||ff^fthe 
he went the last year as a Soldier in the pay of this province, and council, xxii., 
had the Misfortune at the building the Fort at the Great Carrying Archu-es?' 
place to have his Leg so broken by the Fall of a Stick of Timber ixxviii., m 
that he was obliged to have it cut off, and thereby rendered a Cripple House Jour, 
and praying an Allowance on account of this Misfortune and the '^' 
Charge attending the same. 

Read and 

Ordered that the Pef be allowed and paid out of the publick 
Treasury the Sum of Seven pounds for his Charges mentioned, and 
three pounds for his Sufferings. And that He be allowed a Pension 
of four pounds per Year till the further Order of this Court. [Passed 
March 17. 



CHAPTER 263. 

ORDER ALLOWING £7. 0. 8 AND A FURTHER SUM OF £3, ALSO A PEN- 
SION OF £5 PER ANNUM, TO EBENEZER KENTFIELD. 

A Petition of Ebenezer Kentfield of Cold spring, setting forth glfords'of the 
That he went out the last year as a Soldier in the pay of the prov- Council, xxu., 
ince in Col° Bagley's Regiment, that he received an unhappy Shot ArcMv^es,*' 
from the Enemy, which so broke and shivered the bones of his ixxviii., 210. 
Right Arm, that he was obliged to Submit to having it taken off, Mass. 

T-» • Archives 

whereby he is rendered in a great measure incapable of Business, ixxviii.,'io9. 
And that on his return home he had the Small pox, and after that nai"pp 1^292 ^295. 
a Fever, And praying an Allowance for his Expence and Sufferings. 

Read and 

Ordered that the prayer [of this] ' Pet° be so far granted as that 
there be allowed and paid out of the publick Treasury to the Pef 
the sum of seven pounds and eight pence to be by him paid to 
Salmon Kentfield And also that He be paid the further Sum of 
three pounds for his sufferings. And that He be a Pensioner for the 
future at five pounds per Year. [Passed March 17. 

^ Inserted from Legislative Records of the Council, xxii., 551. 



320 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 264-266.] 



CHAPTER 264. 

RESOLVE ALLOWING £80 TO THOMAS HUTCHINSON, ESQ«. 

Archives, 1., 99. Resolved that the Sum of Eighty pounds be granted and paid out 
Executive ' — °^ ^^^® publick Treasury to the Hon''^^ Thomas Hutchinson Esq'' in 
Records of the consideration of his many and faithful Services for the publick in 
6o!"hou8^'^'' diverse Instances committed to his care and managment the year 
Journal, p. 295. p^^g^, [Passed March 17. 



CHAPTER 265. 



ORDER IMPOWERING AND^ BURLEY, EXECUTOR, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 
547. 

House Jour- 
nal, p. 178 
(December, 
1757) ; pp. 152, 
2.54,261,292,293. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Andrew Burley of Ipswich, Setting forth That 
the Debts due from his Testator Andrew Burley Esq'' late of Ipswich 
aforesaid deceased amount to Three hundred thirty nine pounds 
seventeen shillings and four pence one farthing more than all his 
personal Estate would pay, And praying that he may be impowered 
to Sell and Convey so much of his Testators Eeal Estate where it 
may be least prejudicial as may enable him to discharge said debts. 

Read and 

Ordered That The Petitioner in his Capacity as Executor be and 
hereby is authorized to make Sale of so much of the Real Estate 
of his said Testator as to pay the just debts of the deceased, and 
to make and execute a good deed or deeds of the same ; He observ- 
ing the Laws of this province relating to the Sale of Real Estates 
by Executors or Administrators and giving sufficient caution to the 
Judge of probate for the County of Essex, that the produce arising 
by said Sale shall be applied for the payment of the just debts of 
the said deceased, and the Overplus, if any there be, he shall Ac- 
count with the Judge of Probate for said County for the same, and 
also making Sale of those Lands that will be least prejudicial to the 
Heirs. [Passed March 18. 



CHAPTER 266. 

ORDER IMPOWERING THE TOWN OF LUNENBURG TO LAY A TAX OF ONE 
HALF PENNY PER ACRE PER ANNUM FOR FIVE YEARS ON LANDS 
OF NON-RESIDENTS, AND TO APPOINT A COLLECTOR OF THE SAME. 



Legislative 
Records of the 
Council, xxii., 
419. Mass. 
Archives, 
cxxi., 348. 

Mass. 
Archives, 
cxxi., 347. 
Legislative 
Records of the 
Council, xxii.. 



A Petition of Edward Hartwell Esq"" in behalf of the Inhabi- 
tants of the Town of Lunenburgh in the County of AV^orcester, set- 
ting forth, That the Inhabitants are chiefly settled in the Easterly 
part of said Town; that the Westerly part is owned by Gentlemen 
that are Non Residents in a great measure, through which part of 
the Town they are obliged to maintain tliree publick Roads at a 
great charge which they are not well able to bear alone. And as the 
said proprietors are greatly benefited thereby. Praying that a Tax 



[4tii Sess.] Province Laws {Resolves^ etc.). — 1758-59. 321 

of one half peny ^ Acre for the term of five years may be laid on 545. iiouse 
all the unimproved Lands in said Town the Money arising thereby to pp!*m^m 
be applied for the keeping the said Roads in good order. 

Read, and it appearing that the Petitioners have given public 
notice of the Substance of this Petition according to the order of 
this Court, and no Answer being given in. 

Ordered That the Prayer of the Petition be granted. And that 
there be, and hereby is laid a Tax of one half penny ^ acre ^ 
annum upon all the unimproved Lands in the Township of Lunen- 
burgh belonging to Persons who do not reside in said Town, for the 
Term of five Years, to commence from this 16"' of March A.D. 1759 ; 
and that the Inhabitants of said Town be impowered to appoint a 
Collector or Collectors for the Collecting & gathering in, such Tax, 
who shall pay the same to the Treasurer of such Town, or such 
other Person as the Inhabitants of said Town shall appoint ; & as ' 
to be applyed to the Purpose in said Petition mentioned. {^Passed 



March 19. 



CHAPTER 267. 

ORDER ALLOWING £4. 0. 5 TO NEH : BULL. 



A Petition of Nehemiah Bull, setting forth. That he was the Legislative 
last year in his Majesty's Service in the pay of the province, and councu^ xxil*^ 
being ordered upon Service was takin Sick at a place where there S52. Mass. 
were no publick Stores or Surgeon belonging to the Army, he in- ixxviii., iiss. 
curred the Expence of Four pounds and five pence during said ^^^ ' 

Sickness ; And praying Relief. tom^is 

Read and House JouV- 

Ordered that the sum of four pounds and five pence be allowed ^^i.PP-^ss.ags. 
and paid the Pef out of the Treasury in consideration of his ser- 
vice within mentiond. [Passed March 19. 



CHAPTER 268. 

ORDER ALLOWING £13. 13. 10 EACH "TO SILAS SEARS, SETH WALDEN 

AND THOMAS WHITE. 

A Petition of Samuel Knowles a Captain in Col° Doty's Regi- Legislative 
ment in his Majesty's Service and in the pay of this province in councif, xxii.f 
the year. 1758. setting forth that he had three Supernumerary men Archived' 
sent him to Schenectady, but not having their Inlistments when he ixxviii., 214. 
made up his Muster Roll, said three Men were omitted; And pray- Mass. 
ing that said three Men may be impowered to receive their Wages i^x*''Hi[^%3 
notwithstanding. Kpi^2"9^:^8. 

Read and 

Ordered that there be allowed and paid out of the publick Treas- 
ury to Silas Sears the Sum of £13.13.10 the like sum of £13.13.10 
to Seth Weldon. and the sum of £13.13.10 to Thomas White in full 
for their wages omitted in the muster roll of the within named 
Knowles. [Passed March 19. 

' Sec. 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is March 16. 



322 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 269, 270.] 



CHAPTER 269. 



RESOLVE IMPOWERING JOSIAH CHAUNCEY, ESQ, TO CALL A MEETING 
OF PROPRIETORS OF THE PLANTATION OF ROAD TOWN, TO RAISE 
PROVINCE TAX. 

LegiBiative^^^ ^^^^^^^ ^^® Inhab*' of the Plantation Called Road Town Lying 
Council, xxii., in the County of Hampshire are not Impowered by Law to Choose 

554. Mass. - - -- - — - - - . ^ 

Archives, 

cxvii., 461. 



House Jour- 
nal, p. 300. 



assessors and Collectors by Eeason whereof they are not in a Capac- 
ity of making a Eate For the Province Tax Laid on them in the 
Last Tax act nor for Collecting the Same, Wherefore 

Resolved^ That Josiah Chauncey Esq' Be & hereby is Impowered 
to Issue his Warrant to some Principall Inhabitant in s'' Plantation, 
Requiring him to Notifie & warn the Inhabitants of s*^ Plantation 
Qualified by Law to Vote in Town affairs to meet at Such Time & 
Place in Said Plantation as shall be therein Sett forth, to Chuse 
three assessors for making the Province Tax Laid on them in the 
Last Tax Act & a Collector for the Gathering of the same, which 
Assessors & Collector shall be vested with all the Powers & Author- 
ities that any assessors & Collectors of any Town in this Province 
are Invested with all by Law They taking the Oath required 

by Law for assessors & Collectors. \^Passed March 20. 



CHAPTER 270. 



ORDER IMPOWERING JOHN CHADWICK, GUARDIAN AND EXECUTOR, 
AND LYDIA BALL, EXECUTRIX, TO SELL REAL ESTATE AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 

Legislative ^ PETITION of John Chadwick and others. Guardians to the 

counSxxu.^ Children of John Ball, late of Worcester deceased, two of said 

^^ Guardians, viz* Lydia Ball and James Ball being also Executors 

of the deceaseds last Will and Testament, setting forth That the 



Province 
IJawB, ii., 151, 
chap. 10. 



said deceased by his Will aforesaid gave his Real Estate in manner 
following, viz* the use and improvement of one third part thereof 
to his Wife the said Lydia during Life, and the remainder equally 
among his ten Children, That the said Real Estate consists of a 
Dwelling house. Barn and about 140 Acres of Land in W^orcester 
apprized at Four hundred and thirty pounds ; That three Sons of 
the deceased are of Age, and desirous that the said two thirds 
should be sold intire, and as the petitioners apprehend it will be 
for the Interest of the Minors to have it so sold praying that they 
may Be impowered in behalf of said Minors to join in the Sale 
thereof accordingly. 

Read and 

Ordered That the prayer of this petition be granted, and that 
the Executor and Executrix of the last Will and Testament of the 
deceased be and they hereby are impowered to make Sale of two 
thirds of the deceaseds Real Estate after the Widows thirds are 
duly set off, and to execute a good deed or deeds in the Law for 
conveying the same (with the Children of the deceased that are of 
Age) they observing the Rules and Directions in the Law relating 
to Executors and Administrators making Sale of Real Estates, and 
giving caution to the Judge of Probate for the County of Worces- 



[4th Sess.] Province Laws {Resolves^ etc.). — 1758-59. 323 

ter to Account for the Money arising by such Sale, and that the 
produce be divided among the Heirs agreeable to the Will of the 
deceased,' [Passed March 20. 



CHAPTER 271. 

ORDER ALLOWING TO DAVID PALMER THE REMAINDER OF HIS BOUNTY 

MONEY. 

A Petition of Jabez Upham in behalf of David Palmer of Brook- legislative 
field, setting forth, That said David inlisted into his Majesty's Ser- council, xxu., 
vice in the pay of this province the last year under Capt. Johnson, Archives?' 
that said Captain not being furnished with the whole of the billet- ixxviii., 238. 
ing money at the time he passed Muster, he received only Forty Mass. 
shillings part thereof. That said Captain was killed in the Service, i1^x*^'il.^238. 
and as the petitioner is informed that the Bounty money was lodged naT?f 290^^' 
with Col° Murray He prays he may have an Order to receive the 
remainder in behalf of the said David Palmer. 

Eead and 

Ordered that the prayer of the petitioner within nam'd be granted 
and that Col Murray be desired to pay to him the remainder of his 
Bounty, & that the s'* Col Murray thereof be discharg'd at the Treas- 
ury. \_Passed March 20. 



CHAPTEE 272. 

VOTE DIRECTING THE PROVINCE TREASURER TO PAY TO COL^ BAGLEY 
THE £300 RECEIVED OF GEN^ ABERCROMBIE, AND CREDIT THE SAME 
TO THE PROVINCE. 

Voted That the Treas^^rer be and hereby is directed to discount Legislative 
with CoP Bagley out of the Three hundred pounds Sterling which councif, xxn.f 

he received of Major General Abercromby, what is due to said Col° ^^ 

Bagley on his Staff Roll, and the Overplus of the said Three hun- ^aTTsce"'"' 
dred pounds the said Bagley to be accountable for; and the Treas- /H/m,'chap. 
urer to Credit the province with the said Three hundred pounds. '^'^' 
[Passed March 20. 



CHAPTER 273. 

VOTE DIRECTING THE COLONELS TO PAY INTO THE TREASURY MONEY Legislative 

REC'D OF GENERAL ABERCROMBIE FOR THE PROVINCE. Records of the 

Council, xxii., 
557. 

Voted That the several Colonels Avho received Money from Gen- House Jour- 
eral Abercromby for the province be directed to pay the same into ^^/j^'J; '^-'^a 
the Treasury forthwith. [Passed March 20. m.^"'^ ^^' 

* Not found in the House Journal. 



324 



Province Laws (Hesolves, etc.). — 1758-59. [Chaps. 274-276.] 



CHAPTER 274. 



Legislative 
Eecords of the 
Council, xxil., 
557. Mass. 
Archives, 
Ixxviii., 342. 

House Jour- 
nal, p. 302. 



VOTE THAT MINORS AND SERVANTS INLISTING BE ALLOWED TO TAKE 
UP ONE HALF ONLY OF THEIR WAGES. 

Voted that no Son under Age or Servant that shall proceed in the 
intended Expedition against Canada be allowed to take up more than 
one half of his Wages of any Person or Persons who may be appointed 
to Supply the Army &c. [Passed March 20. 



CHAPTER 275. 



Legislative 
Records of the 
Council, xxii., 
557. 

House Jour- 
nal, pp. 219, 300, 
301, 302. Prov- 
ince Laws, iv., 
201, chap. 29; 
238, note. 



VOTE CHOOSING COLLECTORS OF EXCISE FOR ALL THE COUNTIES. 

The two Houses according to Appointment proceeded to the 
choice of Collectors of Excise for the several Counties within the 
province agreeable to an Act made and passed in the present year 
of his Majesty's Reign intituled An Act for granting unto his Maj- 
esty an Excise upon Spirits distilled and Wine, and upon Limes, 
Lemmons and Oranges when the following persons were chosen 
by a Major Vote of the Council and House of Representatives 
Viz* For the County of 

Suffolk Mr Thomas Fletcher 

Middlesex Mi" John Remington 

Essex Daniel Epes Esq'' 

Hampshire M-" Gad Lyman 

Worcester Gardiner Chandler Esq' 

Plymouth M' John Cushing 

Barnstable M'' Daniel Davis 

Bristol Mf Seth Williams jun' 

York M-- Daniel Clark 

Dukes County M"' Ichabod Wiswall 

Nantucket M' Thomas Arthur 

\Passed March 20. 



Legislative 
Records of the 
Council, xxii., 

658. 

House Jour- 
nal, pp. 263, 302. 
Ante, p. 301, 
chap. 226. 



CHAPTER 276. 

ORDER ACCEPTING REPORT OF COMMITTEE ON REPAIRS TO WHARF 
AT LIGHT HOUSE AND DIRECTING THE SAME BE BUILT OF STONE. 

The Committee appointed the 2'' Instant on the Memorial of 
Robert Balls, Keeper of the Light house relative to the North 
Wharf reported That they apprehend it will not be for the ad- 
vantage of the province to have the same repaired the Timber 
thereof being so much wormeaten as will by no means answer 
again; And although a Wharf built with Stone (as the South Wharf 
is) will at first cost a considerable Sum of Money, yet will finally 
turn out much cheaper than one built with Timber, and thereupon 
further reported their Opinion that there be one built with Stone 
accordingly,, the Cost of which they Calculate at £520 

.Q. ,s Jacob Wendell 

(fcignea) Thomas Hubbard 

Read and 

Ordered That this Report be Accepted, and that the Wharf be 



Com' 



tee 



[4th Sess.] Province Laws {Resolves, etc.). — 1758-59. 325 

built with Stone accordingly; And that the Committee on the 
Repairs &c. cause the Same to be effected as soon as may be. 
\^Passed March 21. 



CHAPTER 277. 

ORDER AND VOTE ALLOWING £5 AND A PENSION OF £5 PER ANNUM 

TO AMOS HOWARD. 

A Petition of Amos Howard Setting forth That he inlisted Rlfgrds^of t^ 
the last year in his Majesty's Service in the pay of this province, council, xxii., 
and was in the Action near Ticonderoga where he received a Shot Archi^^sr 
through his Right Arm, whereby it is so broken as to be in danger ixxviii.,34i. 
of being always useless; And praying Relief, House Jour- 

T3 J 1 r J & nal, p. 305. 

Keaa ana Ante,\^.Mi, 

Ordered that there be paid out of the Treasury to M' Dan' Gid- ^^'^p- '^^• 

dings for the Use of the Pef £5. 

Voted also that a Pension of five pounds per annum be allowed 

the Pef till the further Order of this Court. \^Pasged March 22. 



CHAPTEE 278. 

ORDER IMPOWERING OLIVER PARTRIDGE, ESQ", TO SELL OR EXCHANGE 
LAND AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Ruth Stiles of Hatfield, Guardian to her Sons Legislative 
Oliver Kellog and Russell Kellog Minors setting forth. That there couS, xiiuf 
was formerly laid out to Samuel Kellog of Hatfield deceased four sei. 
Lots in said Town about 16 Rod wide, three of which are near House Jour- 
four Miles long, which Lots descended to John Kellog late of Hat- ^gai.PP-272.293, 
field deceased, and he by his last Will and Testament devised the 
same to his two Sons Oliver and Russell abovementioned, ordering 
them to pay a considerable sum of Money to their Sister Sarah 
Kellog a Minor, And as the said Lands lye in a form very disad- 
vantageous for improvement, praying She may have liberty to make 
Sale of and exchange part of the said Lots for the payment of the 
said Legacy and the benefit of the whole. 

Read and 

Ordered That the prayer of the petition be so far granted as that 
Oliver Partridge Esq"' be appointed and impowered as a person in 
trust to make Sale of, or exchange all or any part of the several 
Lots of Land originally laid out to Samuel Kellog deceased in the 
four divisions of Commons in the Town of Hatfield now belonging 
to Oliver and Russell Kellog, and as occasion shall require make 
and execute a good deed or deeds in the Law of the same, as also to 
take and receive deeds for their Use, and that the proceeds of the 
Sale of said Lands be put out at Interest by said Oliver Partridge 
Esq"" and continued so from time to time, and that he Account to 
said Oliver and Russell Kellog as they respectively come of Age. 
\^Passed March 22. 



326 



Province Laws {Besolves, etc.) — 1758-59. [Chaps. 279, 280.] 



CHAPTER 279. 



ORDER IMPOWERING SARAH ROBERTS, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Records of the 
Council, xxii., 
562. 

Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Sarah Roberts Administratrix of the Estate of her 
late Husband John Roberts late of Hardwick deceased, setting forth 
that the deceaseds Debts amount to Twenty one pounds more than 
all his personal Estate, That his Real Estate consisting of Eighty 
Acres of Land was Apprized at Eighty pounds 13/4, that it rents for 
but little, and the House is in a ruinous Condition; that A part 
must be sold for payment of debts, and that to sell a part would 
injure the whole Therefore praying liberty to sell the whole, 

She to be accountable according to Law. 

Read and 

Ordered That the prayer of this petition be granted, and that the 
petitioner Sarah Roberts Admin^ be and She hereby is impowered 
to make Sale of the Lands within mentioned for the most the same 
will fetch She observing the Rules prescribed by Law relating to 
Executors and Administrators making Sale of Real Estates, and to 
execute a good deed or deeds in the Law for conveying the same ; 
That the profits or Interest of one third part thereof belong to the 
petitioner during Life ; That the residue or two thirds parts after 
the just debts and charges are paid be divided among the Heirs 
or their legal Representatives or Guardians agreeable to Law, She 
giving sufficient caution to the Judge of probate for the County of 
Worcester to be answerable for the Money arising by said Sale, and 
that at the death of the Petitioner the third be in like manner 
divided.' [Passed March 22. 



CHAPTER 280 



ORDER GRANTING TO LEVI ELY LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, xxii., 
563. Mass. 
Archives, cxi., 
439. 

House Jour- 
nal, p. 269. 



A Petition of Levi Ely of Springfield, setting forth That his late 
Father Samuel Ely deceased, did in August last renew his Licence 
for keeping a Tavern at his House in Springfield That the said 
House and its dependencies by his Fathers death is devolved on the 
petitioner who cannot by Law obtain a Licence from the Court of 
Sessions to carry on said Business until August next, and praying 
they may be impowered so to do at their next Session. 

Read and 

Ordered that the Justices of the Gen^ Sessions of the Peace for 
the County of Hampshire be impowered and allowed (if they see 
cause) at their next Session to grant the Pef a Licence (He first 
obtaining the approbation of the Select Men of Springfield for that 
purpose) the time for granting Licences being elapsed notwith- 
standing. [Passed March 22. 

' Not found in the House JournaL 



[4th Sess.] Province Laws {Resolves, etc.). — 1758-59. 



327 



CHAPTER 281. 

ORDER ALLOWING £10.9 TO JOSHUA TURNER. 

A Petition of Joshua Turner of Pembroke, setting forth That 
he went the hist year a Soldier in the pay of the province and was 
at Schenectady put into Capt. Pratt's Company, and was sent up 
to the Great Carrying place where he continued to do Duty until 
he was taken Sick, upon which he obtained a furlow from his said 
Captain to come home, where he remained ill till the Army was 
dismissed, and having not been made up in any Muster Poll for 
pay praying Eelief. 

Read and 

Ordered that there be allowed and paid out of the publick Treas- 
ury to the Pef the sum of ten pounds Nine shillings in full for 
his AVages from May 2 1758 to the 10*'' day of October following. 
\_Passed March 23. 



CHAPTER 282. 



Legislative 
Records of the 
Council, xxii., 
.'ies. Mass. 
Archives, 
Ixxviii., 194. 

Mass. 
Archives, 
Ixxviii., 194. 
House Jour- 
nal, pp. 272, 309. 



VOTE ESTABLISHING THE WAGES OF OFFICERS IN THE INTENDED 
EXPEDITION AGAINST CANADA. 

Voted, That the following Establishment be made for the Offi- 
cers that may be employed in the intended Expedition against 
Canada. Viz* 

For a Colonel to each Regiment consisting of not less than nine Hundred 

men Twenty five Pounds per Month. 

For one Lieutenant Colonel for such Regiment, Sixteen Pounds thirteen shil- 
lings and four Pence Ditto 

For one Major to Ditto, Thirteen Pounds six Shillings and eight Pence . Ditto 

For a Captain of one Hundred Men including Officers, Nine Pounds . . Ditto 

For 2 Lieutenants for such Company each, Five Pounds .... Ditto 

For one Ensign for D", Three Pounds ten shillings Ditto 

For one Chaplain to each Regiment ten pounds to ' a Settled Minister & leaves 

his Congregation Ditto 

Eight pounds to A Minister not settled Ditto 

For one Chirurgeon to Ditto, Ten Pounds, Ditto 

For one Chirurgeon's Mate to Ditto five Pounds, six shillings & eight Pence Ditto 

For one Adjutant, four pounds Ditto 

For each Sergeant, Two Pounds three shillings and one Penny . . . Ditto 

For each Corporal, one Pound eighteen shillings and seven Pence, . . Ditto 
For two Drummers to a Regiment, each one Pound eighteen Shillings & 

seven Pence ............. Ditto 

To one Director of Hospital Stores Eight pounds.* per Ditto 



Legislative 
Records of the 
Council, xxii., 
567. Mass. 
Archives, 
Ixxviii., 354. 

House Jour- 
nal, p. 806. 



[^Passed March 23. 



CHAPTER 283. 

VOTE ESTABLISHING THE WAGES OF OFFICERS IN PENOBSCOT EXPE- 
DITION. 



Voted, That the following Establishment be made for the Officers Legislative 
that may be employed to command the Guards, during the build- councif, xliL^ 
ing a Fort at Penobscot Viz* 567. Mass. 

• The House Journal, p. 306, reads, " if." 

a The House Journal, p. 306, in addition reads, For each Private, £1. 16. per month. 



328 



Province Laws (^Resolves, etc.). — 1758-59. [Chap. 284.] 



Archives, For one Field Officer, twelve Pounds, per Month. 

Ixxviii., 355. -por a Captain of One Hundred Men, each, five Pounds, .... Ditto. 

House Jour- For two Lieutenants for such Company, each, three Pounds, six Shillings, . Ditto. 

nal, pp.253, 306. For one Ensign for Ditto two Pounds ten Shillings, Ditto. 

Ante, p. 296, For each Sergeant for Ditto, two Pounds, Ditto. 

chap. 214. por each Corporal for Ditto, one Pound, eighteen Shillings .... Ditto. 

For two Drummers, for the whole each one Pound, eighteen Shillings . . Ditto. 

For one Chaplain for the whole, five Pounds, Ditto. 

For one Surgeon for the whole, six Pounds, Ditto. 

For one Ditto's Mate for the whole Three Pounds ten Shillings . . . Ditto. 

For one Commissary ; four Pounds Ditto. 



[Passed March 23. 



CHAPTER 284. 



Legislative 
Records of the 
Council, xxii., 
568. Mass. 
Archives, 
Ixxviii., 356. 

House Jour- 
nal, pp. 307, 308. 
Ante, p. 296, 
chap. 214. 



VOTE ESTABLISHING THE GARRISONS AND THE WAGES AND PROVI- 
SIONS OF THE TROOPS FOR THE DEFENCE OF THE EASTERN AND 
WESTERN FRONTIERS. 

Voted, That the following Establishment be made for the Protec- 
tion of the Eastern and Western Frontiers. Viz* 

That there be Pay and Subsistence granted for one Captain, one 
Lieutenant, three Sergeants, three Corporals, one Armourer, one 
Drummer, a Chaplain, and thirty eight Privates, at Fort-Halifax. 

At the Store-House at Cushnoc, for one Lieutenant and twelve 
Privates. 

At the Truck-House at Saco, for one Lieutenant and eight Privates. 

At George's Fort, for one Captain, one Lieutenant, one Sergeant, 
two Corporals, one Drummer, one Armourer, and twenty eight Pri- 
vates. 

At Fort-Frederick at Pemaquid, for one Sergeant and eight Pri- 
vates. 

And that his Excellency the Captain General be desired to give 
Order that the said Men do Duty at said Garrisons, or be employed 
in Scouting as the Service may require. 

That there be Pay and Subsistence granted for eight Privates at 
Lebanon, fourteen at Phillips-Town, twelve at Narraganset number 
One, and thirteen at Pierson and Hobb's-Town, and for one Captain, 
one Lieutenant, two Sergeants, and two Corporals to command said 
Men; and that the Captain-General be desired to give Order that 
said Men be employed in Scouting on the Frontiers of said Places, 
or posted in them as the Service may require. 

That there be Pay and Subsistence granted for eight Privates at 
New-Marblehead, twelve Ditto at New Glocester, sixteen Ditto at 
Frankfort, nineteen Ditto at Madammock-Falls, and for one Cap- 
tain, one Lieutenant, two Sergeants and two Corporals to command 
said Men; and that the Captain-General be desired to give Order 
that said Men be employed in Scouting on the Frontiers of said 
Places, or posted in them as the Service may require. And 

that there be Pay and Subsistence granted for one Sergeant and 
five Privates at Burton's Garrison on George's-Eiver; and for one 
Sergeant and five Privates at Henderson's Garrison at the Entrance 
of George's-Eiver; for one Sergeant and nine Privates at Madum- 
cook ; for one Sergeant and seventeen Privates at Broad-Bay ; And 
that the Captain-General be desired to give Order that said Men 
be employed for the Protection of the People at their Labour, and 
the Coasters when loading their Lumber That there be pay & 

Subsistance for one Lievtenant one Serj* 1 Corp^ 1 Drumer & Six- 



[4tii Sess.] Province Laws (liemJves, etc.). — 1758-59. 329 

teen Privates at Fort Massachuscts That there be Pay and Sub- 
sistence granted for one Lieutenant, one Sergeant, one Corporal, 
and sixteen Privates at the Block-House at West-IIoosuck : And 
that the Captain-General be desired to Order said men to do Duty 
in said Garrison, or in Scouting as the Service shall require. And 
that Pay and Subsistence be granted for seven Privates at Sheldon's 
Garrison; for seven Privates at Burk's Garrison; for twenty five Pri- 
vates at Colerain ; for eleven Privates at Taylor's, for eleven at Hawk's ; 
and for five Privates at Rice's Garrison; for tliirteen Privates at 
Greenfield; five Privates at Williams; seven at the new Garrison 
built by Jones and Others ; and five at Goodrich's Garrison at Pon- 
toosuck, seven at Hunt's-Town, six at Framingham; and for one 
Captain, one Lieutenant, ten Sergeants, and three Corporals to com- 
mand said men: and that the Captain-General be desired to order 
that said men be employed in Scouting on the Frontiers of said 
Places, or posted in them, as the Service may require, and that the 
Establishment continue until the fifteenth Day of June next, and 
no longer; and that the Captain-General be desired to order all the 
aforesaid Men not already in the Service, to be raised by Inlistment ; 
their Pay and Subsistence to commence from the Day of their In- 
listment, from and after the tenth Day of April next. 

Also, That the Wages of Officers and Soldiers in the Marching 
Forces for the Term aforesaid, be as follows. Viz' 

For a Captain, four Pounds sixteen Shillings, per Month 

For a Lieutenant, three Pounds four Shillings, Ditto. 

For a Sergeant, one Pound fourteen Shillings Ditto. 

For a Corporal, one Pound, nine Shillings & ten Pence, .... Ditto 

For a private Soldier, one Pound six Shillings and eight Pence . . . Ditto 

And for the Garrison Officers and Soldiers as follows Viz' 

For a Captain, four Pounds, per Month. 

For a Lieutenant, three Pounds, Ditto. 

For a Chaplain, five Pounds, Ditto. 

For an Armourer, two Pounds, Ditto. 

For a Sergeant, one Pound ten Shillings Ditto. 

For a Corporal, one Pound eight Shillings, Ditto 

For a Drummer, one Pound eight Shillings, Ditto 

For a private Soldier, one Pound four Shillings, Ditto 

And there be allowed for Subsistence of Soldiers on the Western 
Frontiers, as follows. Viz' ; 

At Pontoosuck, four Shillings and eight Pence per Week. 

At Fort-Massachusetts, West-Hoosuck, Charlemont, Colrain, Fall- 
Town, and Hunt's Town, five Shillings and four Pence, per Week, 
and at all other Places four Shillings per W^eek. 

That the Provision for the Subsistence of the four Hundred Men 
to be employed in the Service at Penobscot be as follows. Viz' 

To each Man, one Pound of Bread, per Diem. 

Twelve Ounces of Pork, Ditto. 

Half a Pint of Peas or Beans, Ditto. 

one Quart of mollasses, per Week. 

a Chest of medicines of the Value of twenty Pounds. 

And that the Commissary be accountable on Oath, for all the 
Provisions and other Things he shall receive, and be under Bond 
with sufficient Sureties, for the faithful Discharge of his Trust; 
and that he shall not deduct any Part out of said Provisions, and 
apply it to his own Use. [Passed March 23. 



330 



Province Ijaw^ {^Resolves, etc.). — 1758-59. [Chaps. 285-287.] 



CHAPTEK 285. 



Legislative 
Records of the 
Council, xxii., 
571. Mass. 
Archives, cxi., 
441. 

House Jour- 
nal, pp. 298, 310. 



ORDER DIRECTING THE COLLECTOR OF EXCISE TO WITHDRAW HIS 
PROSECUTION AGAINST GIDEON GARDNER. 

A Petition of Gideon Gardner of Boston Innholder, setting forth, 
That he has for divers years past been Licenced to keep a Tavern ; 
that at the time for renewing Licences for the year. 1758. He was 
confined to his Bed by Sickness he trusted to one of his Neighbours 
to apply in his behalf for a Licence, and concluding that his Licence 
was renewed, he proceeded to carry on his business as usual, but it 
seems the Licence was not renewed, and the Collector of Excise for 
the County of Suffolk hath brought sundry prosecutions against the 
petitioner for Selling Strong Liquors without Licence; And pray- 
ing Eelief. 

Eead and 

Ordered that the Prayer of this Pet'^ be so far granted as that the 
Collector of Excise be directed to withdraw the Prosecution ag* the 
Pef He paying the Costs Satisfying the Collector, and Accounting 
with him for the Liquors sold by him since the taking out his last 
Licence. ^Passed March 2S. 



CHAPTEE 286. 



Legislative 
Records of the 
Council, xxii., 
572. Mass. 
Archives, 1., 
100. 

House Jour- 
nal, p. 314. 



VOTE DIRECTING THE COMMISSARY GENERAL TO PROVIDE FOR THE 
TABLE OF HIS EXCELLENCY ON HIS VOYAGE TO THE EASTWARD. 

Voted that the Commissary General be directed to make suitable 
provision for His Excellency's Table in his intended Voyage ' to the 
Eastern parts of the Province. \^Passed March 26. 



CHAPTEK 287. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY W^ BAKER, 
DOORKEEPER, HIS SALARY NOW DUE. 



Legislative 
Records of the 
Council, xxii., 
573. 

House Jour- 
nal, pp. 309, 314. 



A Petition of William Baker Doorkeeper to his Excellency and 
the two Houses, setting forth the difficulties he labours under for 
want of having his Salary duly and regularly paid; And praying 
Relief. 

Read and in answer 

Ordered That the Treasurer be directed to pay the petitioner as 
soon as may be in Money, three quarters of a Years Salary now due 
to him for past Services. \^Passed March 27. 

* See the House Journal, p. 314. 



[4th Sess.] Province 1jA\^s {Resolves, etc.). — 1758-59. 331 



CHAPTEK 288. 

VOTE IMPOWERING CAPT. OSBORNE TO ENDORSE TREASURY NOTES LcKlslative 

ISSUED FOR PAYMENT OF BOUNTY. Counc'lf xxii!^ 

573. Mass. 

Voted that Cap' Osborne' Endorse those Notes that shall Issue bcx^vm.^s'ei. 
ont of the Treasury for the payment of the Bounty of Non commis- House Jour- 
sion Officers and Soldiers who shall enlist in the Service of the nai, p.3i2._ 
ensuing Campaign. \_Passed March 27. chap'.m '' 



CHAPTER 289. 

VOTE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Voted That Two pounds fifteen shillings be paid out of the pub- R^f'rdfolthe 
lick Treasury to Samuel Niles Esq"" for the Use of Eobert Hayden council, xxii., 

£2.10 to William Richardson Esq' for the use of James Meriam, To ^— 

Abel Keen £5. To Job Winslow £6.2. To William Eichardson Esq"" for f^Xves, 
the Use of Aaron Willard £12. To M' Matthew Noble for the use 'xxviiu, i, 56, 
of Roger Root £1.0 To Capt. Keen for the Use of George Russell i73,'i89, ies.Vis, 
£3.10. To William Richardson Esq' for the use of Thomas Geary igllsl'/ia',!!: 
£3.10.8% and for the use of Phineas Wilder £5 To Josiah Walton House Jour- 
£2.4.8. To Elisha Hastings £5.11. To John Holbrook £1.17.7. To "^^^'P-^"^- 
Col" Samuel W^aldo for the Use of Samuel Cole £0 To M' Richard 
Bailey for the use of James Wood £1.18.7. To William Richardson 
Esq' for the use of John Bailey £4. And for the Use of John Larkin 
£2.14 and for the use of Josiah Sawyer £1.18 And for the Use of 
Asaph Butler £5 and for the Use of John Wheeler £4. and for the 
use of Esther Smith £6 in full Consideration for the Services 
and Sufferings in their respective petitions mentioned. \^Passed 
March 27. 



CHAPTER 290. 

VOTE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Voted That Nine pounds three shillings be paid out of the pub- ^^sisiative 

Tim , /-( 1 -tlTl •; c ,1 !• T-ii n T1 m Rccorcls of tllC 

lick Treasury to Col** White tor the use or Ebenezer Caswall; To Council, xxu., 

Major Read for the Use of Nathaniel Farmer £9.3. and for the use — 

of Timothy Farley £1.10. and to Benjamin Fitch £0.17.4. and to^Sives, 
Simon Crosby £1.14. To Capt. Bacon for the use of Nathaniel How- ixxviii., 45, so, 
land Fifteen pounds three shillings, and for Lemuel Bearse £1.18 178,180,183,186, 
and for David Parker £2. and for James Davis £4.15.8. To CoP Law- ^i; ij I7?; |i|; 
rencefortheUse of JohnErvin£8andfortheuseof Samuel Witherbe sssl House 
£3 To William Hill £2.18. To phillip Root 5. To James W^allingsford pp?309.3io. 
£2.10.8. To William Atwood £2.8. To William Goss £2.11.4 To 
Abraham Bliss £1.10. To John Macoon £2.0.2 To Capt. Stevens 
for the use of Lucretia Edes £2.2.2. To Phineas Atherton £4.19. 
To Capt. Hubbell for the Use of Noah Kellog £5.10 in full Consid- 
eration of the Expences and Services in their respective petitions 
mentioned. \^Passed March 27. 

* The House Journal, p. 312, reads, "the Secretary endorse," etc. 



332 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 291-293.] 



CHAPTEK 291. 



Legislative 
Records of the 
Council, xxii., 
574. Mass. 
Archives, 
xxxiii., 51. 

Mass. 
Archives, 
xxxiii., 50-52. 
House Jour- 
nal, pp. 53, 314. 
Ante, p. 241, 
chap. 76, note. 



ORDER ALLOWING £4. 8. 10 TO DR. SAM^ GARDNER. 

A Petition of Docf Samuel Gardner praying an Allowance for 
Attendance on sundry Stoughton Indians by order of their Guar- 
dians and for Medicinces administred to them in their Sickness, 

Read and 

Ordered that the Prayer of the Pet° be granted and the Pet' is 
allowed to be paid out of the Treasury four pounds eight Shillings 
and ten pence accordingly. \^Passed March 27. 



Legislative 
Records of the 
Council, xxii., 
574. 

House Jour- 
nal, pp. 261, 313. 



CHAPTER 292. 

ORDER ALLOWING SARAH NEWTON THE WAGES OF HER SON AND A 

FURTHER AMOUNT OF 12/. 

A Petition of Sarah Newton of Leicester; setting forth That her 
Husband Abraham Newton left her about Seven years since, and 
that She hath had no certain Intelligence concerning him for four 
years past; That her only surviving Son John Newton went into 
the Service the last year and was mortally wounded at Ticonderoga, 
and there lost his Blanket and a Gun of his own; That a fellow Sol- 
dier lent him a Blanket to carry him to Albany, in which he was 
buried, and for which pay is demanded of her; And praying an 
Allowance for said Articles, and that She may be enabled to receive 
her said Sons Wages. 

Read and 

Ordered That the petitioner be allowed and paid out of the pub- 
lick Treasury the Wages due to her Son John Newton within named 
and that the Further sum of Twelve shillings be allowed the said 
petitioner in consideration of the loss of the Blanket mentioned. 
\^Passed March 27. 



CHAPTER 293. 



VOTE ALLOWING £4. 1 TO RICH» TRUESDELL. 



Legislative 
Records of the 
Council, xxii., 
575. Mass. 
Archives, 
Ixxviii., 63. 

Mass. 
Archives, 
lxxviil.,62. 
House Jour- 
nal, pp. 215, 316. 



A Petition of Richard Truesdell setting forth. That being a 
Soldier in the pay of the province he was Wounded in the Action 
at Ticonderoga by a Ball that passed through his Breast and Right 
Arm, that it is not likely he will be able for some Months, if ever, 
to do anything for his own Support ; And praying Relief. 

Read and 

Ordered that four pounds one Shilling be paid out of the Treas- 
ury to Cap^ Clark for the Use of the Pef in full consideration for 
his SufEerings within mentioned. \^Passed March 27. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1758-59. 333 



CHAPTER 294. 

VOTE DIRECTING THE COMMISSARY GENERAL TO PROVIDE HOSPITAL 

STORES. 

Voted that the Commissary General be directed to provide Hos- Legislative 
pital Stores for every Thousand Men, as follows viz* councif.xxii.? 

675. Mass. 

Beds Blanketts and Pillows thirty seven of each hncvmf,^362. 

Sheets forty. — '- '■ — 

Tin Spout Cups three dozen House Jour- 

Port Wine one Barrell ^f-\ P- ^l?. 

Vinegar six Barrens i^'.li!^' 

Loaf bugar fifty weight 
Brown ditto one barrell 
Molasses two Barrells 
Oatmeal twelve bushells 
Indian Meal fifty bushells 



Chocolate thirty weight 

Coffee thirty weight 

Soap one hundred weight 

Candles fifty weight 

Raisins three Casks 

Butter two Firkins 

two Jarrs of Oyl 

Lime Juice ten Gallons 

Brandy ten Gallons 

Rum one barrell 

Pewter Porringers one dozen 

Pewter Spoons one dozen 

Tin quart Potts one dozen 

Tin two quart Potts one dozen 

Tin sauce-pans half a dozen holding two quarts each. 

Two Bed-pans 



\^Passed March 27. 



CHAPTER 295. 

ORDER ALLOWING 16/6 TO JOS. WHITMORE. 

A Petition of Joseph Whittemore of Leominster, praying an Legislative 
Allowance for billeting himself on his return from the Army the counctf, xxiuf 

Inaf- Vpnr 576. Mass. 

last 1 ear Archives, 

Head and m answer ixxviii., 335. 

Ordered that Sixteen Shillings and six pence be paid out of the Mass. 
Treasury to Cap Richardson for the Use of the Pef in full for his ^^^t/J.^^'^ga. 
expences mentioned. [Passed March 28. House Jour- 



CHAPTER 296. 

VOTE THAT THE ACCOUNTS OF THE LAST YEARS CAMPAIGN BE PRE- 
PARED AND SENT TO MR AGENT BOLLAN. 

Whereas his Excellency was pleas d the last year to represent Legislative 
to y^ Right Hon^'^ M' Pitt the distressd State which the Province councif.xxii.^ 
must necessarily be in, unless a Compensation should be made for ^rcMv^es?' 
the extraordinary expences then incurring, and has been pleasd since xxii., si. 
to repeat his Solicitation for such Compensation : Mass. 

Voted that the thanks of this Court be returned to his Excellency xxS75f78,79, 
for his Representation & Solicitation afores*^ 96, os; ciii., 719. 



334 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 297-299.] 



House Jour- 
nal, pp. 318, 319. 
Infra, chap. 
299. 



And Whereas it appears by a Letter from M*" Secretary Pitt to 
his Excellency, that it is expected the necessary Documents be sent 
over: 

Voted that the Accounts of y® Charge of the last years Campaign 
be prepared, and that the Secretary transmit them to M'' Agent Bollan, 
and that he be instructed that (if such Compensation shall not have 
been granted [)] * he use his best Endeavours to obtain the same, 
And that he w**^ such other person or persons, as this Court shall 
join receive the Sum granted and remit the same to the Treasurer 
of the Province in one of His Majesty's ships of War and procure 
insurance thereof. [^Passed March 28. 



CHAPTER 297. 

VOTE DESIRING THE CAPTAIN GENERAL TO IMPOWER CAP'' HOLLO- 
WELL TO IMPRESS SEAMEN TO MAN THE PROVINCE SHIP "KING 
GEORGE." 



Legislative 
Records of the 
Council, xxii., 
581. Mass. 
Archives, Ixv., 
571^ 

Mass. 

Archives, Ixv., 
.leg, 570. House 
Journal, p. 317. 
rrovince 
Laws, iii., 1068, 
note. Antt, 
p. 316, chap. 
255. 



A Memorial of Capt. Benjamin Hallowell jun"' Commander of 
the Ship King George Representing the difficulty he meets with 
in getting his Ship Manned occasioned by the great demand for 
Men for the Transport Service; And praying that he maybe im- 
powered to impress out of inward bound Vessels a sufficient num- 
ber of Men to make up his Complement. 

[Read and] 

Voted that the Captain General be Desired to Give orders to Capt'' 
Hallowell to impress out of the Inward bound Vessells so many Sea 
men as to make up the Compliment of men (with those he hath 
already Enlisted) to Compleat the number allowed by this Court to 
man the Ship King George of which the said Hallowell is Comander. 
{Passed March 28. 



CHAPTER 298. 



Legislative VOTE DIRECTING THE SEVERAL COMMITTEES APPOINTED TO FARM 
Records ofjhe EXCISE ON TEA, COFFEE, &^, TO SUSPEND ACTION TILL THE FUR- 

581. 



THER ORDER OF THIS COURT. 



House Jour- . • i j. 

nai, p. 317. Fo^e^ That the several Committees appointed to farm out tlie 

^=^Jchap8^98"- Excise upon Tea, Coffee &c. be directed to suspend that Affair, 

io«' 'till the further Order of this Court. {Passed March 28. 



CHAPTER 299. 



Legislative 

Records of the 

Council, xxii., 

5S1 MifiR 

Archives, ' VOTE JOINING JOHN POWNALL, ESQ^, WITH M« BOLLAN IN RECEIVING 

xxii., 80. AND REMITTING MONEY THAT MAY BE GRANTED BY PARLIAMENT. 

Legislative 
Records of the 
Council, xxii., 
.581. House 
Journal, p. 319. 
Supra, chap. 
296. 



Voted that John Pownall Esq' be Joyn'd with M' Agent Bollan in 
recieving and remitting the money that may be granted by Parli- 
ment as a Compensation for the Charge of the last Year's Cam- 
paign. {Passed March 28. 

* Inserted from the House Journal, p. 318. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1758-59. 335 



CHAPTER 300. 

VOTE DIRECTING THE COMMISSARY GENERAL TO PROVIDE MEDICINE 
CHESTS FOR THE ARMY, ALSO VOTE DIRECTING SURGEONS TO 
RETURN UNUSED CHESTS, MEDICINES AND INSTRUMENTS. 

Voted that the Commissary General be Directed to provide a Sur- Legislative 
geous Chest of Fifty pounds Value for Every Thousand men and so counctf xVii ^ 
in proportion for the whole of the forces that are going on the present 58-2. Mass. 
xpedition ixxviii., 373. 

Voted also that those Surgeons who shall be Employed in the House Jour, 
said Expedition be directed to return into the Commissary Gen- ^^te'^^'^^^ 
eral's Stores at the End of the Campaign the Surgeons Chests chap! -.'si. 
medicines & Instrument's wliich may be left & not used for the 
army before they receive their wages out of the Treasury. \^Passed 
March 28. 



CHAPTER 301. 

VOTE DIRECTING THE COMMISSARY GENERAL TO PROVIDE CLOTHING Legislative 

FOR SOLDIERS. Kecordsofthe 

Council, xxii., 
582. Mass. 

Voted that the Commissary General be directed to provide a 4x°yil*'^g72 

suitable number of Shirts Hose and Shoes for the more comfort- g ^ — '- — 

able Subsistance of the Soldiers in the ensuing Campaign. \_Passed nai, p. 319. ' 
March 28. 



CHAPTER 302. 



VOTE DIRECTING THE COMMISSARY GENERAL TO TAKE ADVICE IN Legislative 
REGARD TO MEDICINES FOR THE FORCES IN THE INTENDED EXPE- Records of the 
DITION. Council, xxii., 



582. 



Voted That the Commissary General be directed to take the Ad- nai, p. 320. ' 
vice of Joseph Pynchon and William Brattle Esq" respecting the i^ll^^2m!^' 
Species and Quality of the Medicines to be provided for the Use ^m^ra, chap. 
of the Forces in the pay of this province for the Service of the 
Expedition. \^Passed March 28. 



CHAPTER 303. 

VOTE ALLOWING THE SURGEON OF EACH REGIMENT A MATE IN ADDI- Legislative 

TION TO THE ONE ALREADY ALLOWED. Kecordsofthe 

Council, xxii., 

582. 

Voted That a Surgeon to each Regiment be allowed One Mate in House Jour. ' 
addition to One already voted by this Court. \ Passed March 28. n.'^i: p-^w- 

chap. 282. 



336 



Province Laws {Besolves, etc.) . — 1758-59. [Chaps. 304-306.] 



Legislative 
Records of the 
Council, xxii., 
582. Mass. 
Archives, 
Ixxviii., 328. 

Mass. 
Archives, 
Ixxviii., 327. 
House Jour- 
nal, p. 319. 



CHAPTEE 304. 

ORDER ALLOWING £9.3 TO COL. JONATHAN BAGLEY. 

A Petition of Col° Jonathan Bagley, setting forth, That his 
Son William Bagley being last year in the Service, and suffering 
great difficulties after the Action at Ticonderoga in bringing off 
the Wounded, contracted a Fever of which He lay dangerously ill 
at Albany for eight weeks, in which time he expended upwards of 
Nine pounds for his Board, Doctor and Attendance And upon 
his return home relapsed at Worcester and died ; And praying an 
Allowance 

Eead and 

Ordered that the Pef be paid out of the Treasury Nine pounds 
three Shillings in full consideration for his Son's Sufferings &c. 
[Passed March 28. 



CHAPTER 305. 



ORDER ALLOWING £3. 10 TO MOSES BIGELO. 



Legislative 
Records of the 
Council, xxii., 
583. Mass. 
Archives, 
Ixxviii., 88. 

Mass. 
Archives, 
Ixxviii., 87. 
House Jour- 
nal, pp. 160, 318. 



A Petition of Moses Bigelo of Watertown setting forth That 
being the last year a Soldier in the pay of the province, and while 
upon Duty mending the Eoads had the misfortune accidentally to 
lose two of his Fingers And praying Belief. 

Eead and 

Ordered that there be paid out of the publick Treasury to M'' 
Whitney for the Use of the Pef three pounds ten shillings in full 
for his Sufferings within mentioned. [Passed March 28. 



CHAPTER 306. 



ORDER ALLOWING £5 TO JOHN BALCH. 



Legislative 
Records of the 
Council, xxii., 
583. Mass. 
Archives, 
Ixxviii., 52. 

Mass. 
Archives, 
Ixxviii., 52. 
House Jour- 
nal, p. 319. 



A Petition of John Balch of Topsfield, setting forth That his 
Son David Balch being a Soldier in the pay of this province the 
last year, and being taken Sick, the petitioner went beyond Albany 
to take care of him, and there meeting with M'' Foye a Gentleman 
employed by the Government, he received Orders from him to take 
proper care of his Son, which he did accordingly And praying an 
Allowance. 

Eead and 

Ordered that there be paid out of the Treasury to M'' Gould for 
the Use of the Pef five pounds in full consideration for the services 
within mentioned. [Passed March 28. 



[4th Sess.] Province Laws (^Resolves, etc.). — 1758-59. 337 

CHAPTER 307. 

ORDER ALLOWING £7. 19 TO GIDEON TOWER UNDER CONDITIONS. 

A Petition of Gideon Tower of Braiiitree a Soldier in the pay Legislative 
of this province the hist year Setting forth That he inlisted on counc*if, xxii!f 
the 2*^ of April, but not Marching with the Regiment was ordered ^^p,,f''''^^- 
to Castle William on the 10 July, from whence he was sent to ixxviii., ^25. 
Albany by Water and attended his duty till the 28*'' September Mass^ ~ 
when he was ordered to take care of sundry Sick Soldiers on their j(^x*^iYii.*'^i'24. 
Return, and did not reach home till the 11"" October, and that he House "iour- 
is made up in no Roll for said Service ; And praying Relief. zva'. ^^Ante,' ' 

Read and p.-247.cha,..89. 

Ordered that there be paid out of the Treasury to the Pef Seven 
pounds Nineteen Shillings for his Wages for four months fifteen 
days Provided He produces a Certificate of the return of his Gun. 
But if not that three pounds be stop'd out of the sum aforesaid. 
[Passed March 28. 



CHAPTER 308. 

VOTE ALLOWING £10. 19 TO JOSIAH KEITH. 

A Petition of Josiah Keith of Easton setting forth That his Legislative 
Son Benjamin Keith was a Soldier in the pay of this province in councif, xxu.? 
Capt. Andrews's Company the last year, but is omitted in the 584. Mass. 
Muster Roll; And praying Relief . ixxviii.,239. 

[Read and] House Jour- 

Voted that there be paid out of the Treasury to the Pef ten »»!. p-318. 
pounds Nineteen Shillings in full for his Son's Wages. \^Passed 
March 28. 



CHAPTER 309. 

ORDER ALLOWING £7. 16 TO JAMES DENTON UNDER CONDITIONS. 

A Petition of James Denton of Braintree, a Soldier in the pay Legislative 
of the province the last year setting forth That he inlisted on the councn, xxi^i^f 
20*'' day of May, and proceeded to Albany and continued in the ^^^.-^f^ll^- 
Service till the 13 September, when being Sick, he returned home ixxviii.. 127. 
upon Furlough, but that he is not borne upon any Roll And pray- Mass. 
ing Relief. ,4xvm.a26. 

Read and House Jour^^^ 

Ordered that the Pef be paid out of the Treasury Seven pounds sfs.'sis.' Ante' 
Sixteen Shillings for his AVages for four months ten days if He p- 247. chap. 89. 
produces a Certificate of the return of his Gun; but if not that three 
pounds be stop'd out of the aforesaid Sum. \^Passed March 28. 



338 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 310, 311.] 



CHAPTER 310. 



VOTE ALLOWING £2. 14 TO SAMi- PAGE. 



Legislative 
Records of tlie 
Council, xxii., 
584. Mass. 
Archives, 
Ix.wiii., 171. 

Mass. 
Archives, 
Ixxviii., 171. 
House Jour- 
nal, p. 319. 



A Petition of Samuel Page, praying an Allowance of the charge 
of his Servant William Turners Sickness who went a Soldier in the 
last years Campaign. 

[Kead and] 

Voted that there be paid out of the Treasury to M"^ Hall for the 
Use of the Pef two pounds fourteen Shillings in full for the ser- 
vice within mentioned. \^Passed March 28. 



CHAPTER 311. 



Legislative 
Records of the 
Council, xxii., 
585. 

Mass. 

Archives, xiv., 
117. House 
Journal, 
pp. 305,311,312. 
Province 
Laws, xiii., 622, 
chap. 88. 



VOTE THAT THE FIRST AND THIRD PARISHES IN WOBURN BE RE- 
UNITED AND CALLED THE FIRST PARISH. 

A Petition of Josiah Johnson and others in behalf of the first 
and third parishes in Woburn, setting forth, That heretofore they 
were the first parish in that Town, but by means of some unhappy 
Contentions were divided and made two separate parishes. That as 
those Contentions with the causes of them are removed, and as the 
said third parish is destitute of a Minister, both parishes are desir- 
ous of reuniting and being made the first parish in Woburn upon 
certain terms mentioned in said petition ; And praying that they may 
be reunited accordingly. 

[Kead and] 

Voted that the prayer of the petition be granted, and that the 
said First and Third parishes in Woburn aforesaid be and hereby 
are to all intents and purposes reunited, incorporated and erected 
into one intire parish or precinct and thenceforward to be the first 
parish or precinct in Woburn aforesaid in the same manner as it 
was before the division thereof into two parishes; And that the 
Inhabitants thereof be henceforward invested with the like privi- 
ledges Immunities and powers that Any other parishes or Precincts 
within this province are invested withal, any Law or Order to the 
Contrary notwithstanding. 

provided Nevertheless that the said third parish shall by the first 
day of March next pay and deliver into the Treasury of the said 
first parish the sum of Fifty two pounds of Lawful Money of this 
province towards the yearly Salary of the present Minister of the 
aforesaid first parish which became due on the 27* day of January 
last, and from that day forward to be jointly taxed with the said 
first parish for their ministers Salary and all other parish or pre- 
cinct Charges. 

provided also that each of the parishes aforesaid may and shall 
severally adjust, settle and finish their own proper parish Accounts 
and Afliairs, and pay and discharge their several debts respectively 
due from them, as heretofore they might have done, and be and 
hereby are fully impowered for those ends and purposes to lay and 
impose suitable Taxes upon the polls and Estates within their re- 
spective parishes sufficient therefor, and may Sue and be Sued (for 



[4th Sess.] Province Laws {Resolves, etc.). — 1758-59. 339 

any debts already contracted) by the name of the first or third parish 
in tiie same manner as if they had not been thus reunited and incor- 
porated together. \^Passed March 28. 



CHAPTER 312. 

ORDER ALLOWING £4 TO ELISHA LITCHFIELD. 

A Petition of Elisha Litchfield of Scituate, a Soldier in the pay Legislative 
of this province, praying an Allowance of the Charge of his Sick- councff, xxiuf 
ness while in the Service, and of his returning home. 583. Mass. 

_, 1 , ' ° Archives, 

Kead and ixxYiii.,48. 

Ordered that there be paid out of the Treasury to Col° Clap for Mass. " 

the use of the Pef four pounds in full for his Sufferings within men- ^^viu^ 47 
tioned.' [Passed March 39.^ House Jour- 

•- nal, i).318. 



CHAPTER 313. 

ORDER GRANTING JOSEPH EATON FURTHER TIME TO ANSWER SAMUEL 
READ AND REFERRING THE PETITION OF THE LATTER. 

A Petition of Joseph Eaton of Lynn, Setting forth That he has Legislative 
by order of this Court been Notified to make Answer to the petition councn^ xiii!f 

of Samuel Eead of Lunenburg, but that the Notification was served ^ 

so late that he has not had time to make Answer to said petition, House Jour, 
and being now necessarily hindered on account of raising Men for ^nt'e^ p'.^siif"" 
the publick Service praying that he may be indulged with further ^^*^p- ^^• 
time. 

Eead and 

Ordered That the prayer of the Petition be granted, and that the 
Consideration of the petition of Samuel Read within mentioned be 
referred to the second Wednesday of the next Sitting of the Gen- 
eral Court.' [Passed April 12. 



CHAPTER 314. 

ORDER ALLOWING £2. 12 TO JAMES BACON. 



A Petition of James Bacon of Roxbury praying to be reim- Legislative 
bursed the Expence of his Journey to Schenectady in order to councff xx/l ^ 
Assist his Brother, since deceased, a Soldier in the pay of this 593. Mass. 
province then Sick there, and to convey him home. ix^vm.Tiii. 

Read and Mass. 

Ordered that there be paid out of the publick Treasury to M"" ^x^^\]®4'io 
Heath for the Use of the Pet^ £2.12 in full. [Passed April 12.* HmTse Jour- 

■- ^ nal, p. 324. 

* Adjourned to April 11. See Legislative Records of the Council, xxii., 587. 

' This date is according to Mass. Archives; according to Legislative Records of the 
Council the date is March 28. 

^ Not found in the House Journal. 

■• This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 13. 



34:0 



Province Laws {Besolves, etc. ) . — 1758-59. [Chaps. 315-317.] 



CHAPTEE 315. 



ORDER REFERRING THE PETITION OF THOMAS SPARHAWK & OTHERS 
IN REGARD TO BEING ERECTED INTO A PRECINCT. 



Legislative 
Records of the 
Council, xxli., 
374,590. 

House Jour- 
nal, pp. 63, 64, 
134, 137, 148, 149, 
151, 327. Prov- 
ince Laws, 
xiv.,193, chap. 
146. Infra, 
Chap. 316. 



A Petition of Thomas Sparhawk and others Inhabitants of that 
part of Cambridge lying on the South side of Charles Eiver setting 
forth, That by reason of the difficulties they Labour under in attend- 
ing the public Worship with the Inhabitants on the North side of 
said Eiver, they have built a Meeting house & for fourteen years past, 
supported the preaching of the Gospel there, save about ten or eleven 
pounds fj Annum allow'd for that purpose by the first parish in said 
Town, And praying that they may be enabled to Settle and Support 
a Minister among themselves. 

Eead together with the Answer of the Town of Charlestown, 
as also of the Inhabitants of said Town more immediately con- 
cerned And 

Ordered that the further Consideration of the same be referred to 
the second Wednesday of the next May Session. [Passed April IS.^ 



CHAPTER 316. 



ORDER OF NOTICE WITH STAY OF ALL PROCEEDINGS ON THE PETI- 
TION OF THO^ SPARHAWK & OTHERS TO BE EXCUSED FROM A TAX. 



Legislative 
Records of the 
Council, xxli., 
590. 

House Jour- 
nal, pp. 270. 327. 
iSupro, chap. 
315. 



A Petition of Thomas Sparhawk and others, Inhabitants on the 
South side of Charles Eiver in Cambridge praying to be freed from 
a Tax of One hundred pounds laid upon them towards building the 
New Meeting house on the North side of the Eiver, and from other 
Charges that have arisen or may arise upon Account of said House. 

Eead and 

Ordered That the petitioners serve the first parish in Cambridge 
with a Copy of this petition, that they shew cause if any they have 
on the second Wednesday of the next May Session why the prayer 
thereof should not be granted, and that all proceedings respecting 
the Levying and Collecting the Tax laid upon the Inhabitants of 
Cambridge living on the South side of Charles Eiver towards build- 
ing the New Meeting house in said Town be suspended in the mean 
time. [Passed April IS.^ 



CHAPTER 317. 



Legislative 
Records of the 
Council, xxli., 
591. Mass. 
Archives, cxi., 
447. 



ORDER GRANTING TO SAMUEL BASS, JR., LICENCE TO KEEP AN INN. 

A Petition of Samuel Bass jun'' of Braintree, setting forth, That 
he hath lately purchased the House where M' Thomas Crosbey hath 
been Licenced for Twenty years past to keep a Tavern and pray- 
ing that the Court of General Sessions of the peace now Sitting in 

1 This date is according to the House Journal; according to Legislative Records of 
the Council the date is April 12. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1758-59. 341 

Boston may be impowered to grant him a Licence for the same Mass. 

iinrnnep Archives, cxl., 

purpose. 44e. House 

Read and Journal, p. 325. 

Ordered that the Justices of the Gen^ Sessions of the Peace for 
the County of Suffolk be allowed at their present sessions to grant 
the Pef" a Licence &c He first obtaining the Approbation of the 
select men of the Town of Braintree for that purpose, the time for 
granting Licences being elapsed notwithstanding. \^Passed April 13. 



CHAPTER 318. 

ORDER GRANTING TO NATHi- PEASE LICENCE TO KEEP AN INN. 

A Petition of Nathaniel Pease, praying that the Court of Gen- Legislative 
eral Sessions of the peace for the County of Hampshire may Be councff xxu* 
impowered at their Session in May next to grant him a Licence to s^l Mass. 
keep a Tavern at Blandford in the House where Hewit Root hath 445? '^^^' ^^*'' 
for some time past been Licenced for the same purpose. House Jour- 

Read and ii^i, p. 325. 

Ordered that the Justices of the Gen' Sessions of the Peace for 
the County of Hampshire be allowed to grant the Pef a Licence to 
keep Tavern &c at their session in May next. He first obtaining the 
Approbation of the select Men of Blanford for that purpose; the 
time for granting Licences being elapsed notwithstanding. \^Passed 
Ajjril 13. 



CHAPTER 319. 

ORDER IMPOWERING DAVID OSGOOD, ADM«, TO SELL LAND AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of David Osgood of Lancaster Administrator of the Legislative 
Estate of William Brabrook of said Lancaster, setting forth, That coundf xiii*!^ 
the deceaseds personal Estate will not pay his just debts. That he 592. Mass. 
had Fifty Acres of Land in Lancaster, and had not long before he ixxvAI^sss. 



died given a deed of Forty seven Acres thereof to Benjamin Hough- Mass. 
ton in consideration of the Sum of Eighty pounds, being but little ^^^y^^'^ggg 
more than half the Worth thereof; but that said Houghton is will- House Jour- 
ing, if he can have his Money again, and the Costs he has been at prov'iEcf^'*'*' 
paid him to relinquish his Bargain; That said Brabrook had like- ^ifa^^'io "' ^^'' 
wise about Forty Acres of Land in Bolton And praying that he 
may be enabled to sell the said Forty Acres, and also to settle with 
said Benjamin Houghton as to the other Forty seven Acres lying in 
Lancaster. 

Read, and 

Ordered that the Pet' in his capacity within mentioned be and 
he hereby is authorized and impowered to make sale of the forty 
acres of Land mentioned lying in Bolton, and so much of the fifty 
Acres of land lying in Lancaster (taking it off where it will least 
prejudice the remainder) as to pay the Debt due to Benjamin Hough- 
ton, and the other Just Debts of the Deceased. And to make and 
execute a good and sufficient Deed or Deeds of the same to the Pur- 
chaser His Heirs and Assigns He observing the directions of the Law 



342 



Provence Laws {Resolves, etc.). — 1758-59. [Chaps. 320, 321.] 



respecting the sale of real Estates by Exeu" and Adm" and giving 
sufficient caution to the Judge of Probate for the County of Worces- 
ter that the produce arising by said Sale shall be applyed for the pay- 
ment of the Deceased's Debts as herein mentioned, and the overpluss 
if any there be to be distributed agreable to Law. [Passed April 13. 



CHAPTEK 320. 



Legislative 
Records of the 
Council, xxii., 
593. Mass. 
Archives, 
lxxviii.,332. 

Mass. 
Archives, 
Ixxviii., 331. 
House Jour- 
nal, p. 324. 



ORDER ALLOWING £1. 14. 4 TO PHIN« WILLARD. 

A Petition of Phineas Willard of Harvard praying to be reim- 
bursed the Expence of his Journey to Sheffield in order to bring 
home his Sick Son, a Soldier in the pay of the province, but who 
died at said place. 

Eead and 

Ordered that there be paid out of the publick Treasury to Cap^ 
Eichardson for the Use of the Pef One pound fourteen Shillings 
and four pence in full. \_Passed Ajjril 13. 



CHAPTEK 321. 



Legislative 
Records of the 
Council, xxii., 
593. Mass. 
Archives, 
Ixxviii., 435. 

House Jour- 
nal, pp. 324, 325. 
Ante, p. 154, 
chap. 356. 



RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS SOLDIERS WHO 
SUBSISTED THEMSELVES ON THEIR RETURN HOME. 

Resolved, That there be allowed and paid out of the publick Treas- 
ury to the Soldiers employed in the last Expedition in 1758. who 
subsisted themselves upon their Eeturn home from the Army as 
follows. Viz^ Those belonging to the County of Hampshire Thir- 
teen Shillings and six pence each : To those belonging to the County 
of Essex Twenty one Shillings each : To those belonging to the County 
of Worcester Sixteen shillings and six Pence each. 

To those belonging to the County of Plymouth Twenty five Shil- 
lings each. 

To those belonging to the County of Bristol Twenty four Shil- 
lings each. 

To those belonging to the County of Suffolk and the County of 
Middlesex Twenty Shillings each. 

and to those belonging to the County of Barnstable Twenty six 
Shillings and six Pence. 

And to those belonging to the County of York Twenty eight 
Shillings and six Pence each. 

And "those Persons who received any Support on the Government's 
Account upon their said Eeturn to make Oath before the Treasurer 
of the Province, or a Justice of the Peace how much they received 
on the Government's Account. And if they received nothing on the 
Government's Account to make Oath to the same as aforesaid, either 
before the said Treasurer or a Justice of the Peace. [Passed A^Jril 13. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1758-59. 343 



CHAPTER 322. 

ORDER IMPOWERING LYDIA MOORE, ADM^, TO SELL LANDS AND MAK- 
ING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Lydia Moores Administratrix of the Estate of her Legislative 
late Husband Increase Moores late of Worcester deceased, setting councif, xxii!^ 

forth, That her said Husbands Estate Real and personal will but ^^ 

little more than pay his debts and the usual Allowance to Widows, House Jour- 
and the Charge of Administration That the Superiour Court (to province ' 
whom it belongs to take Cognizance of such matters) will not sit JiJa^® io.'* ^^^* 
till September next That She is apprehensive of several Actions 
being brought against the Estate at the next Term Court for the 
County of Worcester and to prevent Charge praying that She may 
be enabled to make Sale of the Real Estate of the deceased lying in 
Pequoiag for the payment of Debts &c 

Read and 

Ordered That the prayer of this petition be granted, and the 
petitioner is hereby impowered in her Capacity as Administratrix 
to make Sale of the Lands abovementioned for the most the same 
will fetch, making due publication of the time and place of Sale 
agreeable to the Law impowering Executors And Administrators 
making Sale of Real Estates ; and to execute a good deed or deeds 
for conveying the same ; She giving sufficient Bond to the Judge 
of Probate for said County to Account for the money arising by 
such Sale, and after the debts and usual Charges are paid, the Resi- 
due, if any be, be applied as follows. Viz* the use of one third part 
to the petitioner during Life, the Remainder to be divided among 
the Children of the deceased according to Law, and at the death 
of the petitioner, such part as She is to enjoy the use of till her 
death be also divided among said Heirs agreeable to Law. \_Passed 
April 16. 



CHAPTER 323. 

ORDER IMPOWERING SARAH WILSON, ADM^, TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Sarah Wilson, Administratrix of the Estate of K|ford"onhe 
her late Husband Nathaniel Wilson late of Leicester deceased set- councu, xxii., 

ting forth. That her said Husbands personal Estate is not sufficient — 

to pay his debts That his Real Estate consisting of about Sixty na^i^p^.'^g^sg^'m 
Acres of Land was Apprized at £147 That when a part is Sold to Province ' 
pay debts, the remainder can be but of little benefit divided among cha^f'io.'' ' ' 
his seven Children, And praying liberty to Sell the whole, She to 
be Accountable. 

Read and 

Ordered That the prayer of this petition be granted, and She is 
hereby fully impowered in her Capacity to make Sale of the Real 
Estate of the deceased for the most the same will fetch, and to exe- 
cute a good deed or deeds in The Law, for Conveying the same. She 
making due publication of the time and place of Sale; and giving 
sufficient Bond to the Judge of Probate for the County of Worces- 
ter to be Accountable for the Money arising by such Sale, that the 



344 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 324, 325.] 

Income or Use of one third part thereof be applied for the use of 
the petitioner during Life, and that after the just debts are paid 
the Overplus be divided among the Heirs of the deceased accord- 
ing to Law, and that at the death of the petitioner, such part as 
the Use thereof may be assigned to the petitioner be also divided 
among the Heirs according to Law. \^Passed April 17. 



CHAPTER 324. 

RESOLVE RATIFYING A VOTE OF THE PROPRIETORS OF HOLDEN IN 

REGARD TO A TAX. 

Kecords'onhe ^ PETITION of Samuel Pcarcc and others, proprietors of the 
Council, xxii., Common and Undivided Lands within the Town of Holden pray- 

^— ing that a Tax which they had voted upon sundry Lands therein 

Mi^ppS^^m described may be ratified by an Order of this Court. 
Province ' [Ecad and] 

chap.'e. '* ' Resolved That the Vote of said proprietors of January, 1755. be 
ratified and confirmed and that Mess" Samuel Pearce, Bezaleel 
Fisk and John Child be and they hereby are fully impowered a 
Committee to collect and recover of the delinquent Proprietors 
according to Law all such Sum or Sums in any Assessment made 
by Col° Henchman, Eliakin Hutchinson Esq" and Capt. Flagg As- 
sessors as therein named, pursuant to the Votes of the said proprie- 
tors ; And that the said Capt. Joseph Hubbard and M"" Jon* Lovell 
the former Collectors be directed and required to deliver the said 
Samuel Pearce, Bezaleel Fisk and John Child the Lists of Assessment 
that they have received from the aforesaid Assessors together with 
a true List of the Names of the persons that are Delinquents in 
their several Lists of Assessments; They the said Committee observ- 
ing the directions of the Law in all things relating to the Sale of 
Lands in New Townships, and to be Accountable for the Money 
they shall receive of any delinquent proprietor, by virtue of the 
said Assessments. \^Passed April 17. 



CHAPTER 325. 

VOTE THAT THE SURGEONS OF CANADA EXPEDITION ACCOUNT WITH 
THE COMMISSARY GENERAL FOR MEDICINE CHESTS & INSTRUMENTS 
RECEIVED BY THEM. 



Legislative 
Records of the 
Council, xxil., 
596. Mass. 
Archives, 
lxxvlll.,452. 

House Jour- 
nal, pp. 319, 334. 
Ante, p. 335, 
Chap. 300. 



Voted that the several Chirurgeons employed in the present Ex- 
pedition against Canada shall Account with the Commissary Gen' 
upon Oath that the several Medicines they recieved were expended 
by them for the service of the present Expedition & that they return 
their Chests with the Medicines remaining together with their In- 
struments (if they recieved any) into the Commissary Genl's Office 
before He gives a Certificate for their recieving their Wages out of 
the Treasury; and that the two Chests of Medicines for the Use of 
the Forces employed Westward be enlarged to the value of £70 each. 
{^Passed April 17. 



[4th Sess.] Province LiAws (liesolves, etc.). — 1758-59. 345 



CHAPTER 326. 

ORDER ALLOWING £14. 8 TO TtW HOOLE. 

A Petition of Thomas Hoole, setting forth That he inlisted the Legislative 
last year in his Majesty's Service and pay of this province for tlie councff, xiii!^ 
Canada Expedition, proceeded to Schenectady and continued in 697. Mass. 
the Service to 13 September, when he obtained a Furlough to come ix^vm.7444. 



home, And that he has received neither Wages nor Billeting, nor is Mass. 

he made up in any Muster Roll And praying Relief. 4^xviirV2 

Read and House iionr- 

Ordered that the sum of fourteen pounds eight shillings be paid i^ai, pp. 326, 333. 
the Pef out of the Treasury in full consideration for his services 
within mentioned. \^Pas><ed April 17. 



CHAPTER 327. 

ORDER ALLOWING £6. 5 TO HOPESTILL BRADLEY. 

A Petition of Hopestill Bradley of Braintree, setting forth That Legislative 
he was last year a Soldier in the province pay, and did duty at council, xxii., 
Herkerman's Fort, and continued in the province Service till the Archives^^' 
2"^ of November, but is not made up in any Roll And praying ixxviii., 424. 

Relief. House Jour- 

Read and n^. pp. 178,827. 

Ordered that the sum of Six pounds five Shillings be paid the 
Pet"^ out of the Treasury in full consideration for his Services above- 
mentioned. [Passed April 18. 



CHAPTER 328. 

vote allowing £5. 10 TO ESTHER JONES. 



A Petition of Esther Jones, Widow of Seth Jones late of Men- Legislative 
don deceased while in the pay of this province as a Soldier the last councif xxii!^ 
year praying an Allowance of the Charge She was at in sending a 598. Mass. 
Man to take care of him in his Sickness, and for fifteen days he was ixxviii.^^264. 
made up short in the Muster Roll. Mass. ' 

[Read and] f^l"^ii®^263 

Voted That there be alowed & paid out of the Publick Treasury House 'iour'. 

to the Per the Sum of Five pound & Ten Shillings in full Consid- '^'^^'P-^'^^- 

eration. [Passed April 18. 



346 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 329, 330.] 



Legislative 
Records of the 
Council, xxli., 

598. 

Mass. 
Archives, 
Ixxviil., 66, 80, 
103, 122, 140, 141, 
143, 144, 145, 148, 
181, 182, 204, 260, 
266, 366, 368, 390, 
393, 395, 400, 402, 
404, 409, 416, 418, 
419, 434, 448, 633. 
House Jour- 
nal, p. 328. 



CHAPTEK 329. 

VOTE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 

Voted That Three pounds be paid out of the publick Treasury 
to Samuel Niles Esq"" for the Use of Mary Hayden, and Forty shil- 
lings for the Use of John Tower, To M'' Humphreys for the Use of 
Susanna Dyer, Two pounds fourteen shillings ; To M'' Isaac Temple 
for the use of Joseph Smith, Three pounds nineteen shillings and 
two pence; To Col° Buckminster for the Use of John Matthis Two 
pounds five shillings; To Col" Clap for the Use of Ezra pitcher 
£3.18.8. To M"- March for the Use of Philemon Barker £1.10 And 
for the Use of Ebenezer Barker £2 and for the Use of Jonathan 
Currier £1.5.6. To Capt. Perry for the Use of Joseph Twitchell £2 
And for the Use of Samuel Lovering £3 and Use of Paul Morse 
£5.10. To M^ John French for the Use of Abigail Albee £4.6 To 
Col° Buckminster for the Use of Hananiah Parker £3.5 and for the 
use of Daniel Haven £3 To M"" Solomon Prentice for the Use of 
Stephen Prentice £1 And for the Use of Eobert Leathe £3.1.3. 
And for the Use of Ephraim Lyon £1.16 To M'' Porter for the Use 
of Jonathan Torrey £3.10. and for the Use of Jacob Foord £3.16.8. 
and for the Use of Samuel Poole £3.15 To M^ March for the Use of 
Samuel Merrel £4 To Capt. Bacon for the Use of William Crocker 
£3 To Abel Shurtleff £3.10. To Col° White for the Use of Joseph 
Macomber £5.2 To M' Fletcher for the use of David Osgood £2.8 
To M' Herrick for the use of Jonathan Biles £6.19 To M^ Giddings 
for the use of Ebenezer Porter £4 and for the use of Jacob Dodge 
£2.8.6 To Doct^ Sawyer for the Use of David Perkins £4 To Capt. 
Adams for the Use of John Carpenter £2. To Capt. Chadburne for 
the Use of Aaron Goodwin £2. 6 To Capt. Perry for the Use of Abel 
Holbrook £1.4. To Col° Gerrish for the Use of Samuel Lunt £6.10 
To M^ Noble for the Use of Daniel Sackett £3.10 To Capt. Walker 
for the Use of Lucas Wilson £5 To Major Eeed for the Use of 
Peter Reed £4. To Capt. Chadburne for the Use of Lucy Frost £3. 
[Passed April 18. 



CHAPTER 330. 



VOTE ALLOWING £4. 1 TO SETH STAPLE. 



Legislative 
Records of the 
Council, xxil., 
599. Mass. 
Archives, 
Ixxvlli., 450. 

House Jour- 
nal, pp. 329, 334. 



A Petition of Seth Staples of Taunton praying an Order for 
his Servant Levi Sampson's Wages from 13"^ September to l^'^ Novem- 
ber he having been made up so much short in the Muster Eoll 

[Read and] 

Voted that there be paid out of the Publick Treasury to Coll 
White for the use of Seth Staple the Sum of four pounds one Shil- 
ling in full for his Servant^ Levi Samsons wages while in the Ser- 
vice. [Passed April 18. 



[4th Sess.] Province Laws {Resolves^ etc.). — 1758-59. 34:7 



CHAPTER 331. 

ORDER CONFIRMING A PLAT OF 190 ACRES OF LAND TO JOSEPH 

BARKER. 

Joseph Barker of Westfield having presented a plan of One Legislative 
hundred and Ninety Acres of Land granted him by the Great and councif, xxii!f 
General Court in April. 1758. bounded on all sides on the unap- eoo- 
propriated Lands of the province in the County of Hampshire. House Jour- 

Ordered That the within plan be Accepted, and the Lands herein ^nie,'^^\i»,^' 
delineated and described be and they hereby are confirmed to the <=*^*p- *^*- 
within named Joseph Barker his Heirs and Assigns, he performing 
the Conditions of said Grant provided the plan exceeds not the 
Quantity of One hundred and ninety Acres, and does not interfere 
with any former Grant. \^Passed April 18. 



CHAPTER 332. 

ORDER ALLOWING PAY AND SUBSISTENCE TO FOURTEEN MEN OF NEW 

CASTLE. 

A Memorial of James Hodge of New Castle, setting forth the Legislative 
exposed State of said place, which by reason of its defenceless State councif, x xil!^ 
is reduced in the number of its Inhabitants from one hundred fight- soi Mass. 
ing Men to about Forty in the space of one year ; And praying Relief, cxvii., 476. 

Read and Mass. 

Ordered that Pay and Subsistance to the 25'^ of June next be ^^u ^466^70 
srranted for fourteen men of the Inhabitants of the Town within House Jour- 
named. One of them to be a Sarjent. And that the Captain '^^" ' ' 

General be desired to give Order that said men be employed in Scout- 
ing on the Frontiers of said place for the Protection of the Inhab'* 
of said Town. \^Passed April 18. 



CHAPTER 333. 

VOTE IMPOWERING THE SELECTMEN OF ROXBURY TO CALL A TOWN 

MEETING. 

A Petition of Edward Weld and others of Roxbury, Setting Legislative 
forth, That at their Anniversary Town Meeting in March last, a c^^n^ xxii'!f 
Vote was obtained by a Majority of one to prevent Swine going at eoi. Mass. 
large in said Town; That the day on which the said Meeting was cx^vii!r462. 
held was very Stormy, and the Meeting very thin; those persons Mass. 
who live at a distance from the place of Meeting, and who are prin- ^xvii*^4M-465 
cipally affected by said Vote, having been prevented by the Storm House Jour- 
giving their Attendance And praying that an Order may pass this °*'P" 
Court for the reconsidering said Vote at the May Meeting. 

Read & 

Voted That the Prayer of this Petition be granted, and that the 
Vote Therein Mentioned respecting the Shutting up Swine be Set 
a Side, and that the Selectmen of Roxbury be Impowered to Call 



348 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 334, 335.] 



a Town meeting of the Inhabitants of Eoxbury who are Quallified 
according to Law to Vote in Town affairs, and that the Inhabitants 
when so met may Pass Such Vote or Votes respecting Swine runing 
at Large in the Town of Eoxbury the Ensuing year as they Shall- 
think propper, which Votes Shall be Esteemed Vailed in Law. 
[^Passed April 18. 



CHAPTEK 334. 



Legislative 
Records of the 
Council, xxii., 
602. 

House Jour- 
nal, pp. 326, 334. 



ORDER IMPOWERING MARY BROWN, ADM-^, TO EXECUTE DEED OR 

DEEDS UNDER CONDITIONS. 

A Petition of Mary Brown Widow and Administratrix of the 
Estate of her late Husband John Brown jun"" of Ipswich deceased 
setting forth. That the said John Brown and his Brothers Joseph 
Brown and Nathan Brown more than twenty years ago jointly pur- 
chased a Tract of Land containing about Thirty Acres, and soon 
after the purchase made an equal division of the same, fenced and 
ever since improved it accordingly but as no deeds of division 
passed between them praying that She may be impowered on the 
part of her said Husband to execute such deeds, and to receive the 
like from the said Joseph and Nathan. 

Eead and 

Ordered That the within named Mary as Administratrix be and 
She is hereby impowered to make and execute a good deed or deeds 
of Quit Claim unto Joseph and Nathan Brown of the Eight and 
Interest that her said Husband had in the Lands that fell to them 
by the Division herein mentioned, upon their Acquitting to the 
Heirs of the said deceased their Eight and Interest in those parts 
of the same Lands that fell to their Father according to the divi- 
sion aforesaid. \_Passed AjJril 18. 



CHAPTER 335. 



Legislative 
Records of the 
Council, xxii., 
603. Mass. 
Archives, 
Ixxviii., 457. 

Legislative 
Records of the 
Council, xxii., 
f,m, 590, 602. 
House Jour- 
nal, pp. 3.35, 336. 
Province 
Laws, iv., 241, 
note. Ante, 
p. 307, chap. 
240; p. 312, 
chap. 245; 
p. .313, chap. 
247. 



VOTES AND RESOLVES IN REGARD TO ESTABLISHMENT OF WAGES 

FOR 1,500 MEN. 

Whereas the extraordinary Efforts of this Province for His Maj- 
esty's Service ever since the Commencement of the Eupture with 
France, more especially in the last Campaign, have reduced it to 
such an exhausted and distressed State that the Province could not 
without great Difficulty raise the five Thousand Men it has already 
raised; and that another Impress this Year would be of ruinous and 
fatal Consequence. 

Therefore, 

Voted and 

Resolved, That so many Men as with their Officers will make up 
fifteen Hundred be raised by voluntary Inlistments if they can be 
so procured, but not otherwise ; that each able bodied effective Non- 
commissioned Officer and private Soldier who shall inlist into his 
Majesty's Service in the Expedition against Canada on or before the 
tenth Day of May next shall on his passing Muster by such Person 
whom his Excellency the Governour shall appoint in the Eegiment 



[4th Sess.] Province Laws {Resolves, etc.). — 1758-59. 349 

to which they belong, be intitled to receive as Bounty two Treas- 
urer's Notes, one of Six Pounds payable with Interest on the second 
Day of June one Thousand Seven Hundred and sixty, and one of 
eight Pounds payable with Interest on the second Day of June one 
Thousand seven Hundred and sixty one; together with a Blanket, 
Knapsack, Canteen or Wood Bottle and other Articles in the like 
Proportion as have been allowed to the 5,000 already voted by this 
Court. 

Also 

Voted and Resolved, That the following Establishment be made 
for the Officers and Private men that may be raised in Consequence 
of the above Resolve. Viz*^ 

For one Colonel for said fifteen Hundred Men .... £25. 0. per Month. 

For one Lieutenant Col" for said Regiment 16. 13. 4 Ditto 

For one Major to Ditto 13. 6. 8 D" 

For a Captain of fifty Men including Officers . . . . 9. 0. 0° 

For two Lieutenants for such Company, Each . . . . 5. D° 

For one Ensign for Ditto 3. 10. D» 

For one Chaplain for each Regiment if a settled Minister and 

leaves his congregation 10. D" 

For a Minister not settled, 8. D" 

For one Chirurgeon to Ditto 10. D" 

For two Chirurgeon's Mates to Ditto, Each 5. 6. 8 Do 

For one Adjutant 4. 0. D° 

For one Quarter Master to D" 5. 0. D" 

For each Sergeant 2. 3. 1 D^ 

For each corporal, 1. 18. 7 D° 

For two Drummers, Each . . . . . , . . 1. 18. 7 D° 

P'or each Private, 1. 16. D" 

Also further 

Resolved, That all other Allowance be granted to the Officers and 
Men now to be raised as has been granted to them already raised, 
and that they be continued in the Service for a Time not exceed- 
ing the first Day of November next; and to be dismissed as much 
sooner as His Majesty's Service will admit. 

Also 

Resolved, That his Excellency the Governour be desired in issuing 
his Commissions, to grant them to such Persons (as being otherwise 
qualified) and being Inhabitants of this Government, shall inlist 
the greatest Number of Men. 

Also 

Resolved ; That the following Establishment be made. Viz* 

For one Gunner for the Forces going to Penobscot . . . £5. 0. per Month. 

For one Quarter Gunner for Ditto 2. 10. Ditto. 

For one Quarter Master for each of the Regiments going West- 
ward 5. 0. Ditto. 

For a Commissary for Ditto, 8. 0. Ditto. 

for a Commissary for the Regiment Destined to Louisbourgh . 8. 0. D" 

for Three Commissarys for the forces Destind for Nova Scotia 
viz' one to be at Hallifax one at Fort Cumberland & one at 
Anapolis Each which Commissarys are to have the Care of 
issuing out the Hospital Stores 8. 0. D° 

Also 

Resolv\l that those persons, who shall be appointed commissaries 
for the intended expedition the present year, shall not on any pre- 
tence whatsoever supply the forces with any stores of any kind but 
what they receive from the Goverment. And if any of said com- 
missaries shall supply the s*^ forces in any other way than as afores^ 
he shall not be entitled to any wages from the Government nor be 
made up in any pay roll whatsoever. [^Passed April 18. 



350 



Province Laws {Resolves, etc.). — 1758-59. [Chaps. 336-339.] 



CHAPTEE 336. 



VOTE ALLOWING 3/ PER MAN ADDITIONAL TO OFFICERS ENLISTING 

MEN. 



Legislative 
Records of the 
Council, xxii., 
604. Mass. 
Archives, 
Ixxviii., 456. 

House Jour- 

Provlnc^^'^ ■ Voted that three shillings be allowed in addition to the three 
note -^ XV ''lev a-l^^^ady pass'd as a Premium to the Enlisting Officers for raising 
chap. 97.*' ' Men &c. [Passed April 18. 



Legislative 
Records of the 
Council, xxii., 
624. Mass> 
Archives, 
Ixxviii., 462. 

House Jour- 
nal, p. 347. 
Ante, p. 348, 
Chap. 335. 



CHAPTEE 337. 

RESOLVE ALLOWING £2 PER MONTH ADDITIONAL TO COMMISSARY AT 
LOUISBOURGH AND THE SAME ADDITIONAL ALLOWANCE TO THE 
COMMISSARIES WITH THE FORCES GOING WESTWARD. 

Resolved that there be an allowance of two pounds per Month in 
addition to the Eight pounds already Voted to the Conmissary ' who 
may be employed at Louisburg and also the same allowance to those 
that may be imployed in the Forces going Westward. [Passed 
April 19.' 



CHAPTEE 338. 



ORDER ALLOWING £6 TO ISAAC STEVENSON. 



Legislative 
Records of the 
Council, xxii., 
609. Mass. 
Archives, 
Ixxviii., 67. 

Mass. 
Archives, 
Ixxviii., 57. 
House Jour- 
nal, pp. 276, 343. 



A Petition of Isaac Stevenson of Pelham in the County of 
Hampshire; praying an Allowance of his Expences while Sick in 
the Service of this Government as a Soldier in the last Years Ex- 
pedition, and of the Charge of his Eeturn home. 

Read and 

Ordered that the sum of Six pounds be paid out of the Treasury 
to CoP Dwight for the use of the Pef in full for the expences within 
mentioned. [Passed April 19. 



CHAPTEE 339. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
SAMi- TALBOT TO REVIEW AN ACTION. 



Legislative 
Records of the 
Council, xxii., 
609. 

House Jour- 
nal, p. 346. 



A Petition of Samuel Talbot of Dighton in the County of Bris- 
tol setting forth That George Pitts of Dighton aforesaid brought 
an Action of Ejectment against him for his Dwelling house and 
about Four Acres of Land, that he employed an Attorney to defend 
said Action, who suffered it to go against him by default, and ap- 
pealed it to the Superiour Court where it also went against him, 
And praying liberty to review said Action. 

Read and 

Ordered That the petitioner serve the adverse party with a Copy 

> Sic. 

^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 24. 



[4x11 Sess.] Province Laws {Resolves^ etc.). — 1758-59. 351 

of this petition, that he shew cause (if any he hath) on the second 
Wednesday of the next Sitting of this Court, why the prayer thereof 
shoukl not be granted, and Execution within mentioned is stayed 
in the mean time. [^Passed April 19. 



CHAPTER 340. 

VOTE ALLOWING £5 PER MONTH ADDITIONAL TO BRIGD« RUGGLES'S Legislative 

PAY. Records of tiie 

Council, xxii., 
609. 

Voted That Five pounds <j? Month be added to the Wages already House Jour- 
granted to Brigadier General Ruggles for the Service of the ensu- °ai. p- see- 
ing Campaign against Canada. {^Passed April 19. ciTap'sss. ' 



CHAPTER 341. 

ORDER ALLOWING £3 AND VOTE FOR A FURTHER ALLOWANCE OF £3 

ANNUALLY TO DANIEL POOR. 

A Petition of Daniel * Poor of Boston, setting forth, That being Legislative 
a Soldier in the Expedition against Louisbourg in 1745. he received councif xx^i^ 
a Wound in his Shoulder, which for a long time disabled him from ew. Mass. 
Working for a Livelihood in Consideration whereof the General Court ixxviil^.^m 
then made him a Grant; That his Wound has lately broke out afresh m&bs. ~~ 
and put him under the same incapacity of Working; And praying j^lj^^^^^ggg 

Eelief . House Jour" 

Read and ProvTcr''*^" 

Ordered that three pounds be allowed to be paid out of the pub- Laws, xm., 531, 

lick Treasury to the Pef in consideration of his Sufferings within 

mentioned Also 

Voted that the Pef be allowed annually three pounds till the 

further Order of this Court. \^Passed April 19. 



CHAPTER 342. 



ORDER ACCEPTING REPORT OF COMMITTEE ON THE PAYQUAGE AFFAIR, 
CONFIRMING SUNDRY LANDS, RETURNING DIVERS PAYMENTS AND 
DIRECTING DELIVERY OF BONDS, &c., TO PROVINCE TREASURER. 

The Committee appointed the 28*'' March last to take under Con- Legislative 
sideration the Report of a Committee on the Affairs of Pequoiag, councif xxil'^ 
made the following Report Viz*^ . en. MasV. 

That the Ten Acre, Twenty Acre and half the Thirty Acre Lots ^x^'viL^fii 
of the Right originally proposed for Moses Dickinson (which said ^^, 
Dickinson sold to one Phinehas Pratt and said Pratt to one John ^^■<'^.'ve8, 

CXVll 4:l0 

Parmeter) should be granted and confirmed to said Parmeter his Legislative 
Heirs and Assigns; and that the Residue of said Right be granted coum5i?,xxii'.? 
to said Dickinson his Heirs and Assigns. 577. House 

1 The House Journal, pp. 334, 347, reads, " David." 



352 Province Laws {Resolves, etc.). — 1758-59. [Chap. 343.] 

journai^^^ 344 That the Eight originally proposed for James Fay (transferred by 
^^" '' ' " said Fay to one Abner Lee) having been sold to John Worthington 
Esq'' for Fourteen pounds lawful money, by reason of said Lees 
refusing to pay the Taxes thereon, and to give Bond for the Settle- 
ment of said Eight, be granted to the said Worthington, his heirs 
and assigns. That so much of said fourteen pounds as shall be neces- 
sary be applied to the payment of the Taxes due on said Eight, And 
that the Eesidue be paid to the province Treasurer for the use of 
the province, for which said Worthington has given Security; he has 
also given Bond for the performing a Settlement on said Eight, as 
in other like cases required. 

That John Chandler Esq"" and others employed in the Affairs of 
Pequoiag, and who made the Eeport aforesaid be permitted to pay 
back to Samuel Finney Ten pounds Six shillings and eight pence 
for the reasons mentioned in their said Eeport, And that they be 
permitted also to pay back to Joseph Smith or to said Smiths Heirs 
alike Sum for the same reason. 

That the Bonds abovementioned, and all the Securities in the 
hands of Col° Chandler and others aforesaid, which have been given 
in consequence of their being appointed to Settle the Affairs of 
Pequoiag aforesaid be delivered to the province Treasurer; And that 
the Treasurer be directed to see that they be paid, and the condi- 
tions of them fulfilled as soon as may be. 

Eead and 

Order\l that this report be accepted and that the Lands therein 
refer'd to be and they hereby are granted and confirmed to the respec- 
tive persons In said report mentioned their heirs and assigns : and 
the Comittee employed in the affairs of Pequoiage are hereby per- 
mitted to pay back to Samuel Finney ten pounds six shillings & 
eight pence and a like sum to Joseph Smith or his heirs for the 
reason mentioned in their Eeport. 

Also Ordered that all the bonds and securities in the hands of 
said Comittee which have been given in consequence of their being 
appointed to settle the affairs of Pequoiage be delivered to the Prov- 
ince Treasurer : and the Treasurer is hereby directed to See that they 
be paid. And the conditions of them fulfilled as soon as may be. 
\^Passed April 20. , 



CHAPTER 343. 

ORDER DIRECTING AARON WILLARD TO ATTEND THIS COURT TO 

ANSWER CHARGES, &c. 

Refords'of'the ^^ *^® House of Ecp'^^^ 

Council, xxii., It appearing to this House, that Aaron Willard of Lancaster 
Archives?' received a Lieutenant's Commission in Captain Caleb Willard's 
ixxviii.,466. Company and that while in the Service, the said Aaron Willard 
House Jour- was made a Captain of a Company in a Batallion of Light Infan- 
na^.pp- . , ^^y. 1^^^^ g^g there was no Establishment for the Pay of Officers in 
the Light Infantry, Captain Caleb Willard made up the said Aaron 
as a Lieutenant in his Pay Eoll, and Nathaniel Willard as an Ensign ; 
and that the said Aaron has made up a Eoll for the Pay of his Com- 
pany in the Light Infantry, and has also carried out his own Pay 
as Captain from the 30'^'' of March to the 30'^ of October, and has 
also made up Nathaniel Willard as a Lieutenant on the same Eoll : 



[4tii Sess.] Province Laws {Resolves, etc.). — 1758-59. 353 

and that the said Aaron Willard has received of the Treasurer his 
full Pay as Captain amounting to the Sum of £70.5,9; and that he 
has also received the Sum of £12.6.8 in Part of his Lieutenant's 
Pay on Caleb Willard's Roll ; 

Therefore, 

Voted, That the said Aaron Willard be ordered to attend this 
Court forthwith to answer to what is alledged against him; and 
that the Treasurer be directed to stop any further Payment to the 
abovesaid Aaron and Nathaniel. 

In Council Read and Concurred. \^Passed April 20. 



CHAPTEE 344. 

VOTE DIRECTING COL*^ JOSEPH GERRISH TO PROVIDE FIVE MEN IN 
PLACE OF FIVE MEN WHO BY MISTAKE ENLISTED ON THE KING 
GEORGE. 

Whereas Five Men in the Regiment under the Command of Col° Legislative 
Joseph Gerrish, who inlisted in the General Service, and did not Councif, xx\l^ 
receive the Bounty granted by this province, did through a Mistake ^ 



inlist on board the Ship King George, and inasmuch as said Ship ^^chives ixv 
must be speedily Manned ; Therefore 575. House "' 

Voted That Col° Gerrish be required to furnish five other able S^pSoif*^' 
bodied Men for the General Service in their Room, and that a like chap. 240. 
Bounty be paid to such of said Men as shall engage in said Service 
before the first day of May next in province Notes of Eight pounds 
two shillings to such as have been in the Service and pay of this 
province in the years, 1755. 1756. 1757 or 1758. and of Six pounds 
to such as have not, the time for inlisting Men being elapsed not- 
withstanding. \^Passed April 20. 



CHAPTER 345. 

ORDER ADJOURNING THE COURTS OF BARNSTABLE COUNTY. 

Whereas the Superiour Court of Judicature, Court of Assize Legislative 
&c. is by Law to be holden at Barnstable in and for the County of counctf xxu® 
Barnstable &c. on the first Tuesday of May next, and the Inferiour 6i3. 
Court of Common pleas, and Court of General Sessions of the peace House Jour- 
is to be holden by Law at said Barnstable on the second Tuesday of proVm^' 
the same Month, by reason whereof great inconveniences will arise Laws, lii., 1050, 
to the Husbandry in said County, at that buisy season of the year ^nde.'p.'m, 
more especially as Labourers are so scarce by reason of such great '^^^^' '^^' 
Numbers being employed in his Majesty's Service, unless the said 
Inferiour Court of Common pleas and Court of General Sessions 
of the peace be adjourned Therefore 

Ordered That the said Inferiour Court and Court of General Ses- 
sions of the peace be adjourned to the third Tuesday of September 
next; and that all Matters and Things that might have day at said 
Courts on the second Tuesday of May shall be heard and tried on 
the said third Tuesday of September next, and that all officers and 
other persons concerned in said Courts conform themselves accord- 
ingly. \^Pa88ed April 20. 



854 



Province Laws {Resolves, etc.) . — 1758-59. [Chaps. 346-348.] 



CHAPTEK 346. 



Legislative 
Records of the 
Council, xxii., 
613. Mass. 
Archives, 
Ixxviii., 392. 

Mass. 
Archives, 
Ixxviii., 392. 
House Jour- 
nal, p. 849. 



ORDER ALLOWING £2. 8. 11 TO CAPT. AARON FAY. 

A Petition of Capt. Aaron Fay of Sonthborough, setting forth, 
That he had in his Muster Eoll by Mistake made up one Phineas 
Butler to the 3"* of October last when it should have been to the 
10**^ of November, so that there was £2,8.11 due to him which the 
petitioner has paid him ; And praying he may receive the same out 
of the Treasury. 

Kead and 

Ordered that there be allowed and paid out of the publick Treas- 
ury to the Pet' two pounds eight Shillings and eleven pence in full 
for the Wages due to Phineas Butler. [Passed April '20. 



CHAPTER 347. 



Legislative 
Records of the 
Council, xxii., 
614. Mass. 
Archives, 
Ixxviii., 465. 

Mass. 
Archives, 
Ixxviii., 463. 
House Jour- 
nal, pp. 332, 344, 
345. 



ORDER ALLOWING £4. 1. 5 EACH TO FREEMAN HIGGINS, NATHANIEL 
ATWOOD, JUNK, AND DAVID RICH. 

A Petition of Freeman Higgins, David Rich and Nathaniel 
Atwood jun"" setting forth That they entered into his Majesty's Ser- 
vice the last year for the Canada Expedition, but were ordered for 
the Relief of George's Fort, and are made up in the Muster Roll 
upon the Garrison Establishment, which falls short of what they 
expected when they inlisted ; And praying Relief. 

Read and 

Ordered that the Sum of four pounds One Shilling and five pence 
be paid the Pet" respectively out of the Treasury over and above 
the Sum at which they are already made up. in full for their ser- 
vice as Soldiers the last Year. And that the several Sums be paid 
to M"" Sylvanus Snow for the Use of the Pet". {Passed April 20. 



CHAPTER 348. 



VOTE DIRECTING THE COMMISSARY GENERAL TO PURCHASE STORES 

FOR THE ARMY. 



Legislative 
Records of the 



House Jour, 
nal, p. 349. 



_,„.. ^ Voted That the Commissary General be directed to purchase and 
coSncif, xxii.? supply the Soldiers in the pay of this province with such Cloathing, 
^^^' Sugar, Molosses, Rum and other Necessaries as he may Judge con- 

venient from the best advices which he may receive from time to 
time of the Circumstances of the Army, and the said Supplies to 
be issued by such persons as may be appointed to Act as Sub Com- 
missaries, at the prices which they may be set at by the said Com- 
missary General, and in fixing the said prices to consider only the 
first cost, together with the Charge that necessarily accrues by the 
transportation and issuing the same; The sub Commissaries to issue 
the same, but not faster than their Wages become due, and keep 
fair Entries of all they deliver to each Soldier, the Amount of which 
shall be deducted out of their Wages on their respective Pay Rolls 



[4tii Sess.] Province Laws (Besolves, etc.) . — 1758-59. 355 

at the end of the Campaign, and shall account upon Oath to the 
Commissary General in Settling their respective Accounts. [Passed 
April 21. 



CHAPTER 349. 

ORDER ALLOWING £6 TO DAVID SHARROW. 



A Petition of David Sharrow of Rochester, setting forth That ^^f^^'^g^^ft^e 
he inlisted the last year in his Majesty's Service and in the pay of council, xxii., 
this province for the Canada Expedition, That he lay Sick near a ArchfvesT' 
Month at Northampton, then proceeded to Westfield where he was ixxviii., 22L 
dangerously ill for a long time; That when able to travel he returned MaBs. 
home upon a Certificate of Docf Samuel Smith, And being made ixx^vm.^W 
up in no Muster Roll ; praying he may receive his Wages and be na°iypp;3?26y35o. 
reimbursed the Charge of his Sickness; 

Read and 

Ordered that Six pounds be paid out of the publick Treasury to 
M' Wing for the use of the Petitioner in full for his service within 
mentioned. [Passed April 21. 



CHAPTER 350. 

ORDER ALLOWING £13. 16 TO JOSEPH ASHLEY, JUN«. 

A Petition of Joseph Ashley jun'' of Rochester, setting forth, Rgf^r^^of tjjg 
That he was impressed into the Service the last year by Capt. Edward council, xxu., 
Winslow, and proceeded to the Great Carrying place, and continued Archi^es^,^' 
in the Service to the 1^*^ of November, but being turned over from ixxviii., 330. 
one Company to another. He is not made up in any Muster Roll; Mass. 
And praying Relief. ixxviii., 329. 

Read and naj^'pp.^s^^sso. 

Ordered that the sum of thirteen pounds Sixteen Shillings be 
paid out of the publick Treasury to M' Wing for the Use of the 
Petitioner in full for his Wages and Billeting Money within men- 
tioned. [Passed April 21. 



CHAPTER 351. 

ORDER ALLOWING DIVERS STOCKBRIDGE INDIANS TO SELL LAND. 

A Petition of Isaac Waunumpek, .Johannes Mtockk jun'' Rhoda Legislative 
Quanpunwos and Sarah Dummckonwoh all of Stockbridge in the coum-if, xxil? 
County of Hampshire; praying liberty to sell a Tract of Land con- '°V'^^ll^' 
taining about One hundred and sixty four acres lying in Stockbridge xxxiii., <k. 
aforesaid at about two Miles distance from their Settlements, which Mass. 
Tract they received by exchange with the General Courts Commit- xxxmT.^gi. 
tee for Lands in Sheffield. ^S^^^ '"^P.V^i^^ 

-r-, , , nal,pp.341,350. 

Read and 



356 



Province Laws {Resolves^ etc.). — 1758-59. [Chaps. 352-354.] 



Ordered that tlie Prayer of this Pet° be granted and that the Sale 
of the Land within mentioned be under the direction of Timothy 
Woodbridge Esq'' \^Passed April 21. 



CHAPTER 352. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY JOANNA JOHN- 
SON THE WAGES DUE HER HUSBAND. 



Legislative 
Records of the 
Council, xxll., 
617. Mass. 
Archives, 
Ixxvill., 408. 

Mass. 
Archives, 
lxxviii.,408. 
House Jour- 
nal, p. 351. 



A Petition of Joanna Johnson; setting forth, That her Husband 
Brill Johnson inlisted into his Majesty's Service the last Spring as 
a Soldier in Capt, Nathan Tyler's Company and was at the Action 
at Ticonderoga and therein Wounded and the last Account She had 
of him was that he was sent in a Waggon to Albany from whence 
She concludes that he is dead, And praying that She may be im- 
powered to receive the Wages due to him on the Muster Eoll. 
, Eead and 

Ordered that the Treasurer be directed to pay to Joseph Buck- 
minster Esq"" for the Use of the Pef the wages due upon Muster roll 
to her late Husband Brill Johnson within named. {^Passed A^jril 23. 



CHAPTER 353. 



ORDER ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxll., 
618. 

Mass. 
Archives, 
Ixxviii., 49,78, 
9.3, 9.'5, 151, 156, 
319, 396, 397, 415, 
421,451. House 
Journal, p. 351. 



Ordered That the sum of £3 be paid out of the publick Treasury 
to Col° Jones for the Use of Ichabod Stanley in full; To Col" Noyes 
for the Use of Samuel Puffer £1.16 and for the use of William Eice 
£2.12.6 To M^ Turner for the use of John M'^Intyer £2.18 To Capt. 
Perry for the use of James Greenwood £2. To M' Gould for the use 
of Phillip Kneeland £2.18 and for John Gould £6 To Capt. Sprout 
for the use of Obadiah Sampson £1.10 and for the use of Samuel 
Pratt £3. To Col° Buckminster for the use of Samuel Barrett £4. 
and for the use of Thomas Mellen £5 To Capt. Coolidge for the use 
of Keziah Boyden £2.10. [Passed April 23. 



CHAPTER 354. 



VOTE ALLOWING £1,200 TO THE COMMISSARY GENERAL FOR THE PUR- 
CHASE OF ARMS. 



Legislative 
Records of the 
Council, xxii., 

619. 

House Jour- 
nal, p. 355. 



Voted That the sum of Twelve hundred pounds supposed to be 
now in the Treasury by way of Stoppage for Arms not returned, 
be paid to the Commissary General in order to purchase Arms for 
the Service of the Government; And if any Sum shall remain in 
the Treasury after such draught made, it shall be applied by the 
said Commissary for the like purpose, 

Voted also that all those persons who are possessed of publick 
Arms Be directed to return them on or before the first day of June 



[4th Sess.] Province Laws {Eesolves, etc.). — 1758-59. 357 

next as no Allowance shall be made for Arms returned after that 
time ; And that publick Notice be given of this Order in the pub- 
lick prints accordingly. [Passed April 23. 



CHAPTEE 355. 

ORDER REFERRING THE PETITION OF PETER TRAHAN IN REGARD TO 

A WATCH. 

A Petition of Peter Trahan one of the late French Inhabitants LegiBiative 
of Nova Scotia, Setting forth that soon after his Arrival here he councff xxil'.^ 
found a Silver Watch in the Road in the Town of Hanover near «07. Maes, 
a House where one other of the said French people lived, and that xx?v.7i7i'. 
he left it with the Woman of the House, as the readiest means for Mass. 
the Owner to come at it, and the Woman acknowledges the receipt xxfv^TTo 
of it: That a year and half afterwards Maior House who had lost House Joiir- 
a Watch about the time this was found, and hearing the petitioner province 
had taken one up, applied to him who related the whole affair to ^ote^' ^^•'^°^' 
Major House, whereupon he Sued the petitioner and put him into 
Goal, where after having lain four days, he gave Major House a 
Note for Fifty pounds old tenor, rather than lie and perish there, 
That he is utterly unable to pay said Sum, And praying Relief. 

Read and 

Ordered that Samuel White Esq'' make inquiry into the Facts set 
forth in the within Petition and make Report at the Next May Ses- 
sion. [Passed April 24.^ 



CHAPTER 356. KKV 

Council, xxii., 
620. 



VOTE EXTENDING THE TIME FOR INLISTING THE 1,500 MEN. 

House Jour- 
nal, p. 355. 

Voted That the time for inlisting the Fifteen hundred Men which Province 
was determined by this Court to be on or before the 10*'' of May note. '^w<e, ' 
next, be further lengthned to the 17*'' of the same Month. [Passed lii^^' """^p- 
A2)ril 24. 



CHAPTEE 357. 

ORDER ALLOWING THE USUAL ESTABLISHMENT FOR A GARRISON AT 

STOCKBRIDGE. 

A Memorial of Timothy Woodbridge Esq'' of Stockbridge, set- Legislative 
ting forth the exposed state of that Frontier Town, while near Fifty councu^, xxiC 
of their Men are gone into the Service ; And praying for some pro- Archi^es^^' 
tection. cxvu., 472. 

Read and Mass. 

Ordered that the Usual Establishm' be allowed for one Saijent tit\uln. 
and Six privates from the time of their Enlistment till the 16^^ of ^.^^j"®*' '^3*^5^''356 
June next and no longer, [Passed April 24. Ante, p. 328, 

chap. 284. 
* This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is April 18. 



358 



Province Laws {^Resolves, etc. ) . — 1758-59. [Chaps. 358-360.] 



CHAPTEK 358. 



Legislative 
Records of the 
Council, xxii., 
620. Mass. 
Archives, 
Ixxviii., 275. 

Mass. 
Archives, 
Ixxviii., 275. 
House Jour- 
nal, p. 356. 



ORDER ALLOWING £3 TO DANIEL BUS WELL [BUZZILL]. 

A Petition of David Buzzill ' a Soldier in the pay of the Prov- 
ince the last year in Col° Preble's Kegiment ; praying an Allowance 
of the Charge of his Sickness more than Nine weeks at Albany, 
and of sundry other Expences occasioned thereby. 

Eead and 

Ordered that the Sum of three pounds be paid out of the Treasury 
to Cap^ Milliken for the Use of the Pet^ in full. \^Passed April 24. 



CHAPTER 359. 



RESOLVE DESIRING THE GOVERNOR TO DIRECT THE COLONELS TO MAKE 
RETURNS OF THE NUMBER OF QUAKERS IN THEIR REGIMENTS. 



Legislative 
Records of the 
Council, xxii., 
622. Mass. 
Archives, xiv., 
121. 

House Jour- 
nal, pp. 340, 341. 
Province 
Laws, iv., 237, 
note. 



In the House of Rep"^^ 

The House took under consideration the Letter laid before them 
by Order of His Excellency the Gov' from Ezra Richmond Esq"" 
respecting Quakers. &c pass'd the following Vote Viz 

Resolved that His Excellency the Gov' be desired to direct the 
Colonels of the several Regiments wherein there are Quakers, to 
make return into the Secretary's Office (as soon as may be) of what 
number of Quakers there were belonging to each Town in their 
respective Regiments at the time of the Levies the last and present 
Year what the Proportion of each of such Towns then was of Quakers 
to the 7,000 men then to be rais'd; what Men they hired in Lieu of 
the Quakers, and for what Towns respectively and what they gave to 
the men so hired. 

Also as soon as may be to make a return to the Secretary's Office 
what number of Quakers there were in each respective Town within 
their respective Regiments at the time of the making the last Levies 
and what the proportion of Quakers to each Town (wherein there 
are Quakers) was to such Levies ; and what they gave to the Men so 
hired 

In Council 

Read and Concurd. \^Passed April 24. 



CHAPTER 360. 



Legislative 
Records of the 
Council, xxii., 
622. Mass. 
Archives, 
Ixxviii., 83. 

House Jour- 
nal, pp. 120, 351, 
352. 



ORDER ALLOWING £4. 15. 1 TO JOHN ROPES, 3«°. 

A Petition of John Ropes 3:""' of Salem, setting forth That 
his Servant Johnathan Morrison was a Drummer in Capt. Tapley's 
Company and was taken at Fort William Henry and carried to 
France where he died about the 16 February. 1758. That he is 
made up in the Muster Roll for pay only to the 9"" of August. 
1757. And praying a further Allowance. 

> The House Journal, p. 356, reads, " Daniel Burrell." 



[4th Sess.] Province Laws {Resolves^ etc.). — 1758-59. 359 

Read and 

Ordered that the prayer of this Pet° be so far granted as that the 
Sum of four pounds fiveteen ' Shillings and one penny be paid the 
Pet' out of the publick Treasury in consideration of his Servant's 
time and Sufferings in Captivity. [Passed April 24. 



le 



CHAPTEK 3G1. 

ORDER ALLOWING £4. 17 TO THE RESPECTIVE HEIRS OF HUGH HOL- 
MAN, JEREMIAH SIMPSON AND ELISHA SMITH. 

A Petition of Keziah Holman, Widow of Hugh Holman, Sarah Rlforde^of ti 
Simpson Widow, Mother of Jeremiah Simpson, and James Smith council, xxu!^ 
Father of Elisha Smith, setting forth That the said Hugh, Jere- Archives?' 
miah and Elisha being Soldiers in the pay of this province were Lsxviii., 432. 
taken Captives at Fort William Henry, and all died in Captivity, Mass. 
That their Wages are made up only to the time of their being ixxvm.^iso. 
taken; And praying a further Allowance, and for the Loss of their nai^ppls^g'^ssi 
Arms. 

Read and 

Ordered that the sum of four pounds Seventeen Shillings be paid 
out of the publick Treasury to the respective Heirs of Hugh Jere- 
miah and Elisha within named in full consideration for their Losses 
& Sufferings mentioned. \^Passed April 24. 



CHAPTER 362. 



VOTE ALLOWING ONE PER CENT ADDITIONAL TO THOMAS FLETCHER, 
COLLECTOR OF EXCISE FOR SUFFOLK COUNTY. 

A Petition of Thomas Fletcher Collector of the Excise for the Legislative 
County of Suffolk; setting forth the extraordinary duty lying upon counc'if xx'il^ 
the Collector for said County, while the premium allowed by the ^-^- }^^^^- 
Government for Collecting is less than in the other Counties of the 296. ' ' "' 
province ; And praying for a further Allowance MasB 

[Read and] t^^'^'nonte'"-' 

Voted, that the Collector of Excise for the County of Suffolk for Journal, 

the Present year be allowed for his Collecting the Excise for this pp-^". 357. 

present year one ^ Cent, in addition to the one »& half ^ cent. 

allowed him by Law. \^Passed April 24. 



CHAPTER 363. 

ORDER GRANTING TO HUGH FLOYD LICENCE TO KEEP AN INN. 

A Petition of Hugh Floyd of Medford, setting forth That his Legislative 
House called the Royal Oak in said Medford has been improved as a ?^'^?,'''?f ^'^?!*^ 
lavern ever since it was built. That his Tenant is about quitting it, 624. Mass. 
and he proposes to carry on the business himself in said House And ^9^^*^^®' ^^^'' 

' Sic. 



360 Province Laws {Resolves, etc.). — 1758-59. [Chap. 363.] 

Mass. prayinsr that the Court of General Sessions of the peace to be held 

448. House ' at Cambridge in May next may be impowered to grant him a Licence 
Jp^^v'l'bs. for that purpose. 
Eead and 

Ordered that the Justices of the Gen^ sessions of the Peace for the 
County of Middlesex be allowed (if they see cause) to grant the Pef 
a Licence to keep Tavern &c He first obtaining the approbation of 
the Select Men of said Town for that purpose The time for granting 
Licenses being elapsed notwithstanding. [^Passed April 24. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1759-60. 



[361] 



LEGISLATIVE LIST' 



FOR 



1759-60. 



His Excellency THOMAS POWNALL, 

Captain-General and Governor-in-chief, etc. 

ANDREW OLIVER, Esq., 

SECRETARY OF THE PROVINCE. 

THOMAS CLARKE, Esq., 

DEPUTY SECRETARY. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusetts Bay ; 

Hon. Thomas Hutchinsonn 



John Osborne 
Jacob Wendell 
Benjamin Lynde 
Samuel Danforth 
Samuel Watts 
John Chandler 

EZEKIEL ChEEVER 

Andrew Oliver 



Joseph Pynchon 
Stephen Sewall 
Isaac Royall 
John Erving 
'EsQRS. James Bowdoin" 

Thomas Hancock 
Thomas Hubbard 

ICHABOD PlAISTED 

Chambers Russell 



■ESQRS. 



Of the Inhabitants of or Proprietors of La7ids within the Territory formerly 
called the Colony of Neio Plymouth ; 

John Gushing ) t^c^t,., Silvanus Bourn \^ 

cir>T>a /jllSQRS. 



George Leonard 



ESQRS. 



f --- - U-AMALIEL 15RADF0RD ) 

Of the Inhabitayits of or Proprietors of Lands ivithin the Territory formerly 
called the Province of Maine ; 
Sir William Pepperrell, Baronet, John Hill & Richard Cutt, Esqrs. 

Of the Inhabitants of or Proprietors of La7ids within the Territory lying 
between the River of Sagadahock & Nova Scotia ; 

William Brattle, Esq. 

' See Legislative Records of the Council, xxiii., l''-5. 
[363] 



361 FROvmCE Ijaws (Besolves, etc.). — 1759-60. [Representatives.] 

For the Provitice at large : — 
Bestjamik Lincoln & Peter Oliver, Esqrs. 



REPRESENTATIVES OR DEPUTIES. 
May 30, 1759 to April 28, 1760. 

Mr. SAMUEL WHITE, Speaker. 



County of Suffolk. 

Boston,^ . . . Hon. Thomas Hubbard, 
Esq., 
Mr. John Tyng, 
Thomas Flucker, Esq., 
Benjamin Pratt, Esq. 

Eoxbury, . . Mr. Samuel Heath. 

Dorchester, . . Nathaniel Hatch, Esq. 

Milton, . . . Andrew Belcher, Esq. 

Braintree, . . Samuel Niles, Esq. 

Weymouth, . . Mr. James Humphrey. 

Hingham, . . Mr. Joshua Hearsej. 

Dedham, . . Mr. Joseph Ellis. 

Medjield, . . Mr. Ephraim Chenery. 

Stoughtoji, . . Mr. Richard Bailey. 

Wrenthavi, . . Capt. Timothy Metcalfe. 

Chelsea, . . Thomas Goldthwait, Esq. 

Needham, . . Mr. Amos Fuller. 



Salem, . 

Ipswich, 

Neivbtiry, 

Lynn, 

Marblehead 

Andover, 

Beverly, 

Rowley, . 

Salisbicry, 

Haverill, 

Olocester, 

Almsbury, 

Bradford, 

Boxford, 

Danvers, 



County of Essex. 

. Stephen Higginson, Esq. 
. Samuel Epes, Esq. 
. Joseph Gerrish, Esq. 
. Benjamin Xewhall. Esq. 
. AVilliam Bourn, Esq. 
. Samuel Philliiis, Esq. 
. Mr. Henry Herrick. 
. Mr. Thomas Lancaster. 
. Caleb Cushing, Esq. 
. Mr. David Marsh. 
. William Stevens, Esq. 
. Jonathan Bagley, Esq. 
. Capt. Benjamin Milliken. 
. Mr. Thomas Perley. 
. Daniel Epes, Jr., Esq.'' 



County of Middlesex. 
Cambridge, . Andrew Boardman, Esq. 
Gharlestown, . James Russell, Esq. 



County of Middlesex — Concluded. 



Woburn, 

Concord, 

Reading, 

Newton, 

Sudbury, 

Marlborough, 

Water town, 

Oroton Shirley 

& Pej)])errell, 

Billerica, . 

Framingham, 

Lexington, 

Weston, 

Chelmsford, 

Maiden, 

Medford, 

Westford, 

Waltham, 

Lincohi, 



Mr. James Fowle. 
Charles Prescott, Esq. 
Mr. John Temple. 
Capt. John Clarke. 
John Noyes, Esq. 
Mr. Samuel AVitt. 
Mr. Daniel Whitney. 

William Lawrence, Esq. 

Capt. Enoch Kidder. 
Joseph Buckminster, Esq. 
William Read, Esq. 
Mr. Abraham Bigelow. 
Oliver Fletcher, Esq. 
Mr. Thomas Pratt. 
Stephen Hall, Esq. 
Capt. Jonas Prescott. 
Samuel Livermore, Esq. 
Hon. Chambers Russell, 
Esq. 



County of Hampshire. 



Sprifigfield, . 
Northampton & 
S° hamp)ton, 
Eadley S° Had- 
ley & Amherst 
Hatfield, . 
Deerfield & 
Greenfield 
Westfield, . 
Simderland 
Montagiie & 
New Salem 
Sheffield, . 
Stockbridge, . 

Brimfield, 



. Capt. Luke Bliss. ■ 

> Timothy Dwight, Esq. 

( Capt. Moses Marsh. 
. Oliver Partridge, Esq. 

> Thomas Williams, Esq. 
. David Moseley, Esq. 



Mr. 



Fellows Billing. 



Capt. Ithamar Hubbel. 
Timothy Woodbridge, 

Esq. 
Capt. Daniel Burt. 



1 Royall Tyler, Esq., 

2 Daniel Epes, Esq. 



Journal, p. 42. 



chosen to represent Boston. — House Journal, p. 4L 
disqualified, as he holds office of Collector of Excise, Essex County. — House 



[Representatives.] Province Laws (i?eso?ye.s, e^c). — 1759-()0. 365 



S 



County 

Worcester, . . . 
Lancaster, . . 



Leicester & 
Spencer 
Mendon, 
Brookjield, 
Stilton, 
Lunenburgh, 
Rutland <k 
Rutland Dis- 
trict, 
Shrewsbury, 
Eardwick, . 
Sturbridge, 
Oxford, . 
Westborough, 
Boltofi, . 



County 

Plymouth, . 

Scituate, 

Marshjield, 

Duxbiiry, . 

Bridgwater, 

Middleborough 

Rochester, 

Plimpton, 

Pembroke, 

Kingsto7i, 

Abington, 

Hanover, 



OF Worcester. 

Timothy Paine, Esq. 
William Richardson, 
Esq. 

Mr. Benjamin Tucker. 

Mr. John French. 
Capt. Jabez Upham. 
Capt. Henry King. 
Edwax'd Ilartwell, Esq. 

John Murray, Esq. 

Artemas Ward, Esq. 
Timothy Ruggles, Esq. 
Moses Marcy, J2sq. 
Capt. Edward Davis. 
Mr. Thomas Furbush. 
John Whitcomb, Esq. 

OF Plymouth. 
George Watson, Esq. 
Thomas Clap, Esq. 
John Thomas, Esq. 
Mr. Samuel Seabury. 
Daniel Howard, Esq. 
Capt. Ebenezer Sprout. 
Mr. Nathaniel Ruo-o'les. 
Capt. John Bradford. 
Mr. Israel Turner. 
Capt. Robert Bradford. 
Mr. Woodbridge Brown. 
David Stockbridge, Esq. 



County of Barnstable. 

Bar?istable, . . Edward Bacon, Esq. 

Sandwich, . . Roland Cotton, Esq. 

Eastham, . . JNIr. Jonathan Doane. 

Yarmouth, . . Mr. Daniel Hall. 

Harwich, . . Nathaniel Stone, Esq. 

Falmouth, . . Capt. Joseph Robinson. 

County of Bristol. 

Taunton, . . .Hon. Samuel White, Esq., 

Speaker. 

Rehobolh, . . . Capt. Timothy Walker. 

Swanzey, . . Mr. Zerathmeel Bowers. 

Dartmouth, . . Mr. Benjamin Akin. 

Norton, . . . Capt. Thomas Morey. 

Atlleborough, . Mr. Benjamin Day. 

Dighton, . . . Mr. Ebenezer Stetson. 

County of York.i 

York, .... John Bradbury, Esq. 
Kittery, . . . Nathaniel Sparhawk, Esq. 
Wells, . . . Joseph Sayer. 
Berwick, . . . Capt. Benjamin Chad- 
bourn. 
Falmouth, . . Samuel Waldo, Esq. 
North Yarmouth, Mr. John Lewis. 

Dukes County. 
Edgartotvn, . . Mr. John Newman. 



In the County of Nantucket. 
Sherburne, . . Abishai Folger, Esq. 
' House Journal, p. 298 (March, 1760) , adds, Biddeford, Mr. Samuel Jordan. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Thirtieth Day of May, A.D. 1759. 



CHAPTER 1. 

ORDER IMPOWERING OLIVER PARTRIDGE, ESQ", TO SELL OR EXCHANGE 
LAJTD, AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Oliver Partridge Esq"" Setting forth That the Great Legislative 
and General Court were pleased in March last upon the petition of councif,*' 
Ruth Stiles Guardian to Oliver and Russell Kellog to impower him ^^'"•' ^- 
to make Sale of or exchange sundry Lots of Land in the Town of J^°i^^®/io^i7 
Hatfield belonging to the said Oliver and Russell Since which it Anie,y'.»25, 
appears that they are Owners of several other small Lots in said *''**?• ''^'^• 
Town which lye inconveniently for them, and which he has now an 
Opportunity to exchange to advantage ; And praying that his power 
may extend to all the Lands belonging to the said Oliver and Russell 
Kellog in the four divisions of Commons in Hatfield. 

Read and 

Ordered That the prayer of the petition be granted and that Oliver 
Partridge Esq'' be appointed and impowered as a Person in trust to 
make Sale of and exchange all or any part of the several Lots of 
Land in the four divisions of Commons in the Town of Hatfield 
now belonging to Oliver and Russell Kellog and as occasion shall 
require make and execute a good deed or deeds in the Law for the 
same, as also to take and receive deeds for their Use; and that the 
proceeds of the Sale of said Land be put out at Interest by said 
Oliver partridge and continued so from time to time. And that he 
give caution to the Judge of Probate for the County of Hampshire 
to Account with the said Oliver and Russell Kellog as they respec- 
tively arrive to Age. [Passed June 5. 



CHAPTER 2. 

ORDER ALLOWING £9 TO JOS. WITHERELL. 



A Petition of Joseph Witherel of Marshfield; Setting forth that Kr.fs'of the 
he was impressed into his Majesty's Service on the 2*^ day of Council, 
May, 1758, for the Expedition against Canada, and proceeded to MaBs.' 
Schenectada and was there put under Capt. White in Col° Joseph ^x^^^^.^iV? 

Williams's Regiment and did Duty accordingly 'till he was taken — '- — 

Sick and obtained a furlough to come home where also he remained Archives, 

ixxvili., 196. 
[367] 



368 



Province Laws {Resolves, etc.). — 1759-60. [Chaps. 3,4.] 



House Joiir- 
nal, p. 17. 



Sick for a long time; But that he is not made up in any Muster 
Eoll; And praying Eelief. 

Read and 

Ordered that this Pet° be revived and that M' Israel Turner be 
allowed to recieve out of the publick Treasury for the Use of the 
Petitioner Nine pounds in full for his services and Sufferings men- 
tioned. {^Passed June 5. 



CHAPTER 3. 



ORDER IMPOWERING NATHANIEL TITUS, ADM^ TO SELL REAL ESTATE 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 



Legislative 
Kecords of the 
Council, 
xxiii., 9. 

House Jour- 
nal, pp. 13, 16. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Nathaniel Titus Administrator de bonis non of 
the Estate of Robert Packard late of Attleborough in the County 
of Bristol deceased, setting forth, That the deceaseds personal 
Estate is not sufficient to pay his just Debts, but that there is 
a deficiency of £50.12.2^. That his Real Estate consists of a Dwell- 
ing house. Barn and about Sixty five Acres of Land in said Attle- 
borough; that it will be a great prejudice to the whole to Sell off 
a bare sufficiency to pay the Debts; And praying that he may be 
impowered to Sell the whole, he to be Accountable. 

Read and 

Ordered That the petitioner be and he hereby is allowed and 
impowered in his Capacity within named to make Sale of the Real 
Estate of the said deceased, and to execute a good deed or deeds 
for the same, He observing the Law respecting the Sale of Real 
Estates by Executors and Administrators and giving caution to the 
Judge of Probate for the County of Bristol, that the produce thereof 
be applied in the first place for the payment of the just debts of the 
deceased; and the Overplus if any there be for the benefit of the 
Heirs of the said deceased according to Law. \^Passed June 5. 



CHAPTER 4. 



RESOLVE ALLOWING SUNDRY AMOUNTS TO DIVERS PERSONS. 



Legislative 
Records of the 
Council, xxiii., 
10. 



Resolved That there be allowed and paid out of the publick Treas- 
ury to William Lawrence Esq"" for the Use of Robert Wilson Six 
pounds, and for the Use of Isaac How Forty shillings; To Timothy 
Woodbridge Esq'' for the Use of Josiah Williams Ten pounds ; To 
AVilliam Richardson Esq"" for the Use of Richard Stuart Four pounds; 
To Capt. Thomas Morey for the Use of Bathsheba Bassett Forty 
shillings; And to John Noyes Esq"" for the Use of Obadiah Perry 
thirteen shillings and four pence in full Consideration of the Ex- 
pences in their petitions mentioned.' [Passed June 5. 

* Not found in the House JournaL 



[1st Sess.] Province Laws {Resolves y etc.). — 1759-60. 369 



CHAPTER 5. 

ORDER ALLOWING THE ACCOUNT OF THE TRUSTEES OF THE HASSA- Legislative 

NAMISCO INDIANS. Records of the 

Council, xxiii., 

John Chandler Esq* and others Trustees to receive the Interest Archives," 

Money arising to the Indians of Hassanamisco alias Grafton on ''^^^"'•' ^"^' 

1744 oz of Silver, presented their Account of Receipts & Disburs- ^rc^^es 
ments xxxin., io3. 

Ti 1 J House Jour- 

Kead and . nai, p. i9. 

Ordered that the within Ace* be allowed ; and that the Ball^ thereof ^jj^p- ^g ^^'^ 
being Nineteen Shillings and five pence farthing The said Trustees 
are further accountable to said Indians for. \^Passed June 5. 



CHAPTER 6. 

ORDER REMOVING THE STOPPAGE OF WAGES FOR A GUN, AND DIRECT- 
ING THE PROVINCE TREASURER TO PAY THE WAGES OF A SERVANT. 

A Petition of James Dennison of Sturb ridge, Setting forth. Legislative 
That his Servant inlisted as a Soldier in the pay of the province councif, xx^i'u 
and carried his own Gun; That there is three pounds stopt from ^l;^^^l^^^' 
his Wages for not returning a Gun when the Service was over, And ixxviii.,5'08. 
praying Relief. • Mass. 

T?pad anrl Archives, 

xieau anu ixxvui., 508. 

Ordered that the Stoppage for the Gun mentioned be taken off. House Jour- 

And that the Treasurer be directed to pay the full Wages due for le. '^n'<e,' ' 

his said servt'^ Service and that the Wages be paid to Col° Marcy p- 24'?, chap. 89. 

for the Use of the Pet^ [^Passed June 5.* 



CHAPTER 7. 

ORDER IMPOWERING CALEB KINGSBERRY, GUARDIAN, TO SELL LAND 
AND MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Caleb Kingsberry of Needham, Guardian to Israel R^^'rd"Tth 
Gill of said Needham, a person Non Compos, Setting forth That the councu, xxiii., 

said Israel is seized in Fee of a small Tract of Land in said Town ^— 

containing about Fourteen Acres, which lyes unimproved and can- na°i"pp'^ir2o 
not be rendered profitable without great expence; And praying lib- 21. 'province' 
erty to Sell the same for the payment of the debts and for the more cha^%l"'^^^' 
comfortable Support of the said Israel. 

Read and 

Ordered That the prayer of the petition be granted, and that the 
petitioner in his said Capacity be and he is hereby impowered to 
make Sale of the Fourteen Acres of Land herein mentioned, and 
to make and execute a good deed or deeds in the Law of the same. 
He observing the Rules in the Law respecting the Sale of Real 
Estates by Executors and Administrators and giving sufficient Cau- 
tion to the Judge of Probate for the County of Suffolk, that the 
proceeds arising by said Sale be applied for the Maintenance of the 
said Non Compos person. \^Passed June 6. 

' This date is according to Mass. Archives and the House Journal; aecording to Legis- 
lative Records of the Council the date is June 6. 



370 



Province Laws (Besolves, etc.). — 1759-60. [Chaps. 8-10.] 



CHAPTER 8. 



VOTE CONTINUING THE ESTABLISHMENT FOR PROTECTION OF EASTERN 

AND WESTERN FRONTIERS. 



Legislative 
Records of the 
Council, xxlii., 
11. 

House Jour- 
nal, p. 20. 
Ante, p. 328, 
chap. 284. 



Voted That the Establishment made the 23^ of March last for the 
protection of the Eastern and Western Frontiers, both Pay and Sub- 
sistence be continued until the 10"" of September next, except at 
Georges Fort, And that his Excellency the Captain General be 
desired to reduce the same to one Lieutenant one Sergeant, one 
Corporal and fourteen privates. [Passed June 6. 



CHAPTER 9. 



ORDER DIRECTING THE PROVINCE TREASURER TO PAY £8. 2 TO 

BENONI GRAVES. 



Legislative 
Records of the 
Council, xxiii., 
12. Mass. 
Archives, 
Ixxviii., 512. 

Mass. 
Archives, 
Ixxviii., 511. 
House Jour- 
nal, pp. 18, 20. 
Ante, p. 307, 
chap. 240. 



A Petition of Jonathan Field of Sunderland, Setting forth That 
on or before the 2^ day of April last, he inlisted one Eichard Mon- 
tague for the Canada Expedition upon the encouragement of the 
Province Bounty, being one that had served on a former Campaign, 
but being taken Sick he could not proceed, after which he inlisted 
one Ephraim Newton, who was not accepted by reason of his Youth ; 
whereupon one Benoni Graves who had served in two former Cam- 
paigns inlisted to supply this deficiency, but the time being thus 
elapsed, he cannot receive the Bounty without the Aid of this Court; 
And praying an Order for the same. 

Eead and 

Ordered that the Treasurer be directed to pay M' Fellows Billing 
for the Use of Benoni Graves within Named the sum of Eight pounds 
two Shillings as Bounty in consideration of His Enlistment within 
mentioned. [Passed June 6. 



CHAPTER 10. 



Legislative 
Records of the 
Council, xxiii., 
14. Mass. 
Archives, 
Ixxviii., 482. 

Mass. 
Archives, 
Ixxviii., 482. 
House Jour- 
nal, pp. 13, 17. 
Ante, p. 247, 
chap. 89. 



ORDER REMOVING THE STOPPAGE OF WAGES FOR A GUN AND ALLOW- 
ING £3 TO NATHL JONES THEREFOR. 

A Petition of Nathaniel Jones of Charlton, Setting forth That 
his Son Daniel Jones, a Soldier in the pay of the province was 
killed at Ticonderoga, notwithstanding which there is a Stoppage 
of Three pounds from his Wages on account of his Gun not being 
returned And praying Relief. 

Read and 

Ordered that the stoppage of the Gun within mention'd be taken 
off and that Cap* Davis be allowed to recieve three pounds out of 
the Treasury for the Use of the Pet^ accordingly. [Passed June 6. 



[1st Sess.] Province Laws {Resolves, etc.). — 1759-GO. 371 



CHAPTER 11. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF WORCESTER 

COUNTY. 

An Account of Gardiner Chandler, Treasurer of the County of Legislative 
Worcester (baHance due to the County appropriated for building a Councu, xxiii., 
Court House) being presented to the Court for Allowance. ^— , 

Read and naTpp;^i5r24. 

Ordered That the within Account be allowed, and that the said Ante, p. lo, 
Treasurer be discharged of the Sum of Ninety four pounds five ^''"'^p-'^- 
shillings and ten pence half penny; And that the said Treasurer 
be further Accountable to the said County for the ballance thereof, 
being One hundred sixty three pounds thirteen shillings and four 
pence three farthings; As also for the Tax of Fourteen pounds seven 
shillings laid on the Town of AVoodstock for the year, 1758. as also 
for Woodstock's Taxes ever since 1748. still outstanding. {^Passed 
June 7. 



CHAPTER 12. 

ORDER IMPOWERING NATHANIEL HILL, INDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Nathaniel Hill of Natick Indian ; Setting forth R|fo^|j"Jf®the 
That he with his AVife Patience Hill obtained leave to Sell thirty council, xxui., 

Acres of Land in Natick, that said Land was the property of his ^— 

said AVife who is since dead, And praying that he may notwithstand- Rlfordsofthe 
ing have liberty to sell the same for the reasons mentioned in their Council, xxiii., 
said petition preferred in June. 1758. Journaup*. 43 

Read and g"-' S' 

Ordered That the prayer of this Petition be so far granted as p.aie.chap. is; 
that the petitioner be and he is hereby allowed and impowered with note. '^ ^^'' ' 
the Advice and Consent of the Guardians of the Natick Indians, 
to Sell thirty Acres of the Land lying in Natick as mentioned in 
this petition for the most the same will fetch, seasonable publick 
Notice being first given of the time and place of Sale, the proceeds 
thereof to be applied for discharging the debts as mentioned in the 
first petition and Order of this Court thereon in June. 1758. and 
for the comfortable Support of the petitioner and his Family, the 
Children of his late AVife, and that the said Trustees lay their 
Account before this Court for Allowance. \_Passed Ju7ie 7. 



CHAPTER 13. 

ORDER DIRECTING THE COLLECTOR OF EXCISE NOT TO PROSECUTE 

JON^ MORTON. 

A Petition of Jonathan Morton of Hatfield, Setting forth That Legislative 
not long after the publication of the late Excise Act, he being councu,xx«L, 
possessed of an Hogshead of Rum did innocently as being ignorant ^ 



of the Law Sell the same altho' it had no permit as the Law requires ^j^""^^ ''j^j^Sj 
to sell such Liquors; That the Excise upon said Rum has been duly Province'' ' 



372 



Province Laws {Resolves, etc.). — 1759-60. [Chaps. 14—16.] 



Laws, Iv., 201, 
chap. 29; 238, 
note. 



paid, but the Collector being under Oath thinks himself obliged to 
prosecute the petitioner for the penalty of the Act, although he is 
himself satisfied with respect to the duty of Excise as appears by his 
Certificate annexed; And praying Relief. 

Read and 

Ordered That the Collector be directed not to prosecute the peti- 
tioner for any Violation of the Law, it appearing that the Excise 
for the Rum sold, has been duly paid to the Collector. \^Passed 
June 7. 



CHAPTEE 14. 



ORDER DIRECTING THE COLLECTOR OF EXCISE NOT TO PROSECUTE 

JOHN DICKINSON. 



Legislative 
Records of the 
Council, xxiii., 
19. Mass. 
Archives, cxi., 
4.')0. 

House Jour- 
nal, pp. 13, 21. 
Province 
Laws, iv., 201, 
chap. 29; 238, 
note. 



A Petition of Oliver Partridge in behalf of John Dickinson of 
Hatfield, Setting forth That the said John in the Month of August 
last, having no permit to Sell Spirituous Liquors did ignorantly Sell 
one barrel of Rum for which it appears by the Collectors Certificate 
the duty of Excise has been paid; And praying he maybe exempted 
from the penalty of the Law for Selling as aforesaid. 

Read and 

Ordered that the Collector be directed not to prosecute the s*^ 
John Dickinson for any violation of the Law. It appearing that 
the Excise for the Rum Sold has been duely paid to the Collector. 
[^Passed June 7. 



CHAPTER 15. 



ORDER DIRECTING THE COLLECTOR OF EXCISE NOT TO PROSECUTE 

TIM" NASH. 



Legislative 
Records of the 
Council, xxiii., 
19. Mass. 
Archives, cxx., 
293. 

Mass. 

Archives, cxx., 
292. House 
Journal, pp. 13, 
21. Province 
Laws, iv., 201, 
chap. 29; 238, 
239, note. 



A Petition of Timothy Nash of Road Town, Setting forth That 
he hath a permit in common form for the Selling of Rum at his 
Dwelling house or Store in said Road Town, but that he hath in- 
advertently and without any design of defrauding the Government 
sold Rum elsewhere, for which he hath nevertheless paid the duty 
of Excise ; And praying that he may be exempted from the penalty 
of the Law for Selling as aforesaid. 

Read and 

Ordered that the Collector be directed not to prosecute the Pef 
for any Violation of the Law it appearing that the Excise for the 
Rum Sold has been duely paid to the Collector. \_Passed June 7. 



CHAPTER 16. 

ORDER DIRECTING THE COLLECTOR OF EXCISE NOT TO PROSECUTE 

MARTYN PHELPS. 



Recordfofthe ^ PETITION of Martyn Phelps of Northampton; Setting forth 
Council, xxiii.. That he is licensed to be a Retailer of Strong Liquors in said Town; 
Arch^*e^s%xi., That he purchasing two barrels of Rum at Boston for that purpose, 
^ was transporting the same home, but to Accommodate an Innholder 



[1st Sess.] Province Laws {Resolves, etc.). — 1759-60. 373 

in said Town about four Miles before he reached liome did inadver- Mass. 
tently Sell one of said barrels of Rum, but without any intention 443?''Hou8<f''' 
to defraud the Government, and has duly paid the duty of Excise or^s^'^p^^'" ^'^' 
thereon ; And praying ho may be exempted from the penalty of the in'ce iawMv., 
Law for so doing. '^fote^;'^' 

Read and 

Ordered that the Collector be directed not to prosecute the Pef 
for any violation of the Law. It appearing that the Excise for the 
Rum Sold has been duely paid to the Collector. [^Passed June 7. 



CHAPTER 17. 

ORDER ALLOWING 40/ TO JOHN BENSON. 



A Petition of John Benson of Bridgwater, praying an Allow- Legislative 
ance for fetching home his Grandson Richard Bartlet a Soldier counctf xxiu^ 
in the pay of the province the last year, who was sent Sick from 20. Mass. 
Schenectada to the Hospital at Green Bush when the Campaign ixxvin.'^^s. 
was over; and a further Allowance for a Gun he purchased and u&bb. 
returned into the publick Store in lieu of a Gun belonging to the ^^^'^j^^^ig- 
Government, which was Stolen from his said Grandson, when he House Itour- 
lay Sick. nai.p.27. 

Read and 

Ordered that the Pef be allowed to recieve out of the publick 
Treasury the Sum of forty Shillings in full consideration for the 
services and sufferings within mentioned. \^Passed June 7. 



CHAPTER 18. 

ORDER ALLOWING £3. 12 TO DAVID BRYANT. 

A Petition of David Bryant of Scituate, Setting forth That his Legislative 
5n William a single person was impressed into his IV 
for the Canada Expedition in 1758. and proceeded 



Son William a single person was impressed into his Majesty's Service counc*if xxii'l 
the Canada Expedition in 1758. and proceeded therein accord- 21. Mass. 



ingly, and died in the Month of August at the German Flats; That ixxvm.rMe. 
the petitioner cannot find that his said Son was made up in any Roll, House Jour- 
nor to what Company he belonged; And praying that he may have nai, pp.20,2 
an Order to receive the Wages due to his Son for his Service as 
aforesaid. 

Read and 

Ordered that the sum of three pounds twelve shillings be granted 
to the Pet' in full for his Son's Wages while in the service. \^Passed 
June 7. 



374 Province Laws {Resolves^ etc.). — 1759-60. [Chaps. 19, 20.] 



CHAPTER 19. 

VOTE DESIRING HIS EXCELLENCY THE GOVERNOR TO APPOINT A FAST. 

House Jour- Voted, That his Excellency the Goveruour with the Advice of his 

°'^'' ^' ^"' Majesty's Council, be desired to appoint a Day of public Fasting 

?ifi"p^. 29.^^' and Prayer ' throughout this Province, to implore the Blessing of 



Love's Fast 
and Thanks 



Almighty God upon his Majesty's Arms both by Sea and Land; 
grv'ingUays of especially that the important Expedition of the present Year against 
New England, q^^^^j^ ^^^y ^g prospered. [Passed* June 8. 



CHAPTEK 20. 

ORDER CONFIRMING A PLAN OF 600 ACRES OF LAND TO JOHN FARRAR. 

Legislative ^ Plan of Six hundred Acres of Land laid out pursuant to a 

councu.xxUL, Grant of the Great and General Court on the 13*^ June. 1758. to 

'^_h M' John Farrar of Concord, as laid out 11 April 1759. by Samuel 

House Jour^ Mcssingcr Surveyor, was presented for Allowance, which Land is 
° n<e%". 220, " described as follows. Viz* Beginning in the South bound line of 
chap. 27. ^ Grant of Land that is laid East of pontoosuck, called the Ash- 

uelot equivalent Lands at a heap of Stones which was made in divid- 
ing said Lands, and is about three quarters of a Mile Eastward of 
the East bound line of Pontoosuck Township ; And from said heap 
of Stones I run South by the Needle 9° West 25 Chains (of Gunters) 
to a heap of Stones on a Hill that faces Southwest, and has a steep 
descent to a large Brook that comes out of a pond, thence East 9° 
South 24 Chains to a heap of Stones laid about a Beach tree maked 
F, i. standing near the path or Eoad from pontoosuck to tf 4. 
thence South 9° West 60 Chains to a hard Maple Pole marked and 
stones about it on a Knowl that faces N. W. and is about two Eods 
Eastward of a small Brook that runs Northward into the aforesaid 
large Brook; thence East 9° South 65 Chains 41 links to a heap of 
Stones; then North 9° East 85 Chains to the South Line of the Grant 
aforesaid ; thence West 9° North 89 Chains 41 links to the Bounds 
begun at; The Road' from Pontoosuck to tf 4 is upwards of a Mile 
and an half through this Survey, and there is Sixteen Acres added 
to the above quantity to be a Reserve for said Road (a plan of this 
Survey is hereto annexed) this Survey was performed ll"' of April. 
1759. 

Read and 

Ordered That the within plan be accepted, and the Lands herein 
delineated be and hereby are confirmed to the said John Farrar his 
heirs and assigns, provided the Tract exceeds not the quantity of 
the Grant, and does not interfere with any former Grant. {Passed 
June 8. 

* The fast was appointed for June 28, 1759, and was public. 



[1st Sess.] Province Laws (Besolves, etc.). — 1759-GO. 375 



CHAPTER 21. 

ORDER ALLOWING £2. 14 TO JAMES DAVIS. 

A Petition of James Davis of Barnstable; setting forth, That Legislative 
his Servant David Baker being a Soldier the last year in the pay councif, xxm^, 
of the province was sent home Sick in September last, and con- Archil'*eT' 
tinned so for more than three months after his return Therefore ixxviii.,3'21. 
praying he may receive his Wages to the time the Company to which Mass. 
he belonged was dismissed. bfxvm^,32i. 

Read and House Jour. 

Ordered that the Pef be allowed & paid out of the publick Treas- 
ury the Sum of two pounds fourteen Shillings to the Pef in full 
consideration for the Sufferings within mentioned. \^Passed June 8. 



CHAPTER 22. 

ORDER IMPOWERING SUSANNAH CHAMBERLAIN, ADM^, TO EXECUTE A 
DEED OF U ACRES OF LAND, AND TO SELL 45 ACRES, AND MAKING 
PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Susanna Chamberlain of Billerica in the County Legislative 
of Middlesex, Administratrix of the Estate of her late Husband counclf, xxm*:, 
William Chamberlain of said Billerica deceased intestate setting 23. Mass. 
forth that her said Husband had sold fourteen Acres of Land to ix^vm^i-ie. 
one Jason Kemp for the Sum of £26.13.4 and received one half of ^m^B. 
said Sum, the other half being to be paid on the 1^*^ of August next, ^^xvm^^425 
at Avhich time he was to execute a deed for said Land, and had House Jour- 
obliged himself in the penalty of £100 so to do. nai, pp. 23.28. 

That the said William died also seized of about 45 Acres of Land 
mostly Wilderness on the borders of said Town apprized at £89. 
That his debts exceed his personal Estate £12.18.8 and as no part 
of said Land can be sold without prejudice to the whole praying She 
may be enabled to make Sale of said Forty five Acres of Land, and 
likewise to execute a deed for the fourteen Acres sold by her said 
Husband as aforesaid. 

Read and 

Ordered that the within named Susanna (in her Capacity) be 
Authorized to make and execute a sufficient Deed of the fourteen 
Acres of Land mentioned to the within named Jason Kemp His 
Heirs & Assigns. He paying the remaining principal sum being 
thirteen pounds Six Shill^* and eight pence to the said Susanna. 

The said Susanna giving sufficient Caution to the Judge of Pro- 
bate for the County of Middlesex that She will Account for the 
said Money agreable to Law And that the said Susanna in her 

Capacity be authorized to make Sale of the forty five Acres of Land 
herein mentioned ; being the whole of the real Estate of the within 
named William for the most the same will sell for; giving Notice 
(previous to the Sale) according to Law She to have the Use or 
Interest of one third part of the proceeds of such Sale during her 
natural Life. Provided she give Caution to the Judge of Probate 
for the County of Midd'' that the principal Sum or third part afore- 
said together with what shall remain of the other two thirds (after 



376 



Province Laws {Resolves, etc.). — 1759-60. [Chaps. 23-25.] 



the payment of the Just Debts of the Deed) be Secured for the Heirs 
at Law of the said Deceased, And to Ace' with the said Judge for Her 
Proceedings when thereto lawfully required. {^Passed June 8. 



CHAPTER 23. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY FOR 1757. 



Legislative 
Records of the 
Council, xxiii., 

25. 

House Jour- 
nal, pp. 15,30. 



An Account of Daniel Appleton Esq"" Treasurer of the County 
of Essex dated 2*^ April. 1757 ' being laid before the Court for their 
Allowance. 

Eead and 

Ordered That the within Account be allowed, and that the within 
named Treasurer be discharged of the Sum of One hundred thirty 
nine pounds two shillings and five pence, and that he be further 
Accountable to the said County for the ballance thereof being Three 
hundred seventy four pounds four shillings and three pence when 
he shall receive the same. \^Passed June 8. 



Legislative 
Records of the 
Council, xxiii., 
25. 

House Jour- 
nal, pp. 15, 30. 



CHAPTER 24. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF ESSEX 

COUNTY FOR 1758. 

An Account of Daniel Appleton Esq"" Treasurer of the County 
of Essex dated 15 July. 1758," being laid before the Court for their 
Allowance, 

Eead and 

Ordered That the foregoing Account be allowed, and that the 
Treasurer be discharged of the Sum of Two hundred six pounds 
eight shillings and two pence; and that he be further accountable 
to the said County for the ballance being One hundred sixty seven 
pounds sixteen shillings and one penny when received by him. 
\^Passed June 8. 



CHAPTER 25. 

ORDER ALLOWING THE ACCOUNT OF THE MIDDLESEX COUNTY TREAS- 
URER. 



Rlfords'of the ^'^ ACCOUNT of Daniel Eussell Esq' Treasurer of the County of 
councif, xxiii!, Middlesex dated 15 May. 1759. being laid before the Court for their 

25. 



House Jour- 
nal, pp. 15, 31. 



Allowance, 

Eead and 

Ordered That the within Account be allowed and that the within 
named Treasurer be discharged of the Sum of Three hundred and 
fifty five pounds thirteen shillings and five pence; and that he be 

1 The House Journal, p, 30, reads, " 1756." 
« The House Journal, p. 30, reads, " 1757." 



[1st Sess.] Province Laws {Resolves, etc.). — 1759-60. 377 

further Accountable to the said County for the ballance thereof 
being One hundred twenty three pounds one shilling and six pence 
when he shall receive the same. [^Passed June 8. 



CHAPTER 26. 

ORDER ADJOURNING THE COURTS OF BRISTOL COUNTY. 

Whereas the Inferiour Court of Common pleas and Court of Legislative 
General Sessions of the Peace which by Law was to be held at Taun- council, xxiu., 

ton in and for the County of Bristol on the second Tuesday of March "^^ 

last, stands adjourned to the second Tuesday of June instant, and ^a°i"p^ 31'"'^' 
divers Justices of said Courts and others are Members of the Great Province' 
and General Court of this Province, which is now Sitting, and the chllp^32•''3l3, 
important Affairs of the Province require their attendance. <^^^p- ^^• 

AVherefore 

Ordered that said Courts be and are hereby further adjourned, 
as also the Inferiour Court of Common pleas and Court of General 
Sessions of the Peace which by Law are to be held at Taunton in 
and for the County of Bristol on the second Tuesday of June instant, 
and that all Matters and Things that might have had day in either 
of said Courts at the times aforesaid shall be heard and tried on the 
said last Tuesday of June instant, and that all Officers and other 
persons concerned in said Courts conform themselves accordingly. 
\^Passed June 8. 



CHAPTER 27. 

ORDER ACCEPTING REPORT OF COMMITTEE ON ACCOUNT OF INDIAN 
TRADE OF COMMISSARY GENERAL JOHN WHEELWRIGHT FROM MAY, 
1754, TO MAY, 1755. 

The several Committees of the two Houses appointed to ex- Legislative 
amine the late M' Commissary Wheelwrights Accounts for three councffxxm^ 
years from 1754. to May. 1758. having attended that Service reported 26. Mass.' 
severally thereon as follows. Viz' Archives, cxx., 

That having examined his Account of the Indian Trade from MasI 
May. 1754. to May. 1755. they find the ballance due from John ^^gg'^if^^i^fa' 
Wheelwright Esq' the Officer for Managing the Indian Trade which tive Reco^r^'l of 
he is further to Account for is Thirty one Thousand and four pounds x'^xin.""""'' 
nine shillings and two pence old tenor equal to Four Thousand one House .Jour- 
hundred and thirty three pounds eighteen shillings and seven pence (Ju'n'e', 1:55) -, 
lawful money. Xjmf^^a 

Read and (.Tune, its?) ; 

•-V D 320 rMnrch 

Ordered that the within Report be revived and Accepted. \ Passed \im ; p. 36 ' 

Junes. (June, 1758). 



378 



Province Laws {Resolves, etc). — 1759-60. [Chaps. 28-30.] 



CHAPTER 28. 



ORDER ACCEPTING REPORT OF COMMITTEE ON SPECIE ACCOUNT OF 
COMMISSARY GENERAL JOHN WHEELWRIGHT FROM MAY, 1754, TO 
MAY, 1755. 



R^^'rds'ofthe "^^^ ^^^^ COMMITTEE further reported \_supra, chap. 27], That 
Council, xxiii., having examined The Specie Account of the said John Wheelwright 
'^- Esq' from May. 1754 to May. 1755. they find that there remained 



House Jour- 
nal, pp. 319, 320 
(March, 1758). 
Supra, chap. 

27. 



due to the Province Fifty six barrels of Pork and fifty two bushels 
of pease which he was further to Account for in the next Account 
of Specie. 

Read and 

Ordered That this Report be Accepted. \^Passed June 8. 



CHAPTER 29. 



Legislative 
Records of the 
Council, xxiil., 
27. Mass. 
Archives, 
ccxlviii., 170. 

Mass. 
Archives, 
ccxlviii., 170. 
House Jour- 
nal, p. 320 
(March, 1758). 
Supra, chap. 
28. 



ORDER ACCEPTING REPORT OF COMMITTEE ON DISBURSEMENTS AC- 
COUNT OF COMMISSARY GENERAL WHEELWRIGHT FROM MAY, 1754, 
TO MAY, 1755. 

The Committee further reported [^supra, chap. 28] that having 
examined the said M"' Wheelwrights Account of Disbursments from 
May. 1754 to May. 1755. they found the same right cast and well 
vouched, and that he had disbursed for his Majesty's Service the 
sum of £93,209.15.5 and that he hath received of the Province 
Treasurer f» Warrants in part thereof with several Articles sold 
belonging to the province amount to £87,662.1.8 to the 31 May. 
1755. there is therefore due from the province to the said Wheel- 
wright for the ballance thereof Five thousand five hundred and 
forty seven pounds 13/9 old tenor equal to Seven hundred and 
thirty nine pounds thirteen shillings and ten pence lawful money. 

Read and 

Ordered That the foregoing Report be revived and Accepted. 
{^Passed June 8. 



CHAPTER 30. 



Legislative 
Records of the 
Council, xxiii., 
27. Mass. 
Archives, cxx., 
111. 

Mass. 

Archives, cxx., 
109. House 
Journal, p. 320 
(March, 1758). 
Supra, chap. 
29. 



ORDER ACCEPTING REPORT OF COMMITTEE ON ACCOUNT OF INDIAN 
TRADE OF COMMISSARY GENERAL JOHN WHEELWRIGHT, MAY, 1755, 
TO MAY, 1756. 

The Committee further reported [siqyra, chap. 29] that having 
examined the said M' Commissary Wheelwrights Account of the 
Indian Trade from May. 1755. to May. 1756. they find the ballance 
due from him which he is further to Account for is Nine hundred 
twenty four pounds nineteen shillings and eight pence lawful money. 

Read and 

Ordered that the foregoing Ace* be revived and Accepted. [Passed 
Jime 8. 



[1st Sess.] Province Laws {Resolves, etc.). — 1759-GO. 379 



CHAPTER 31. 

ORDER ACCEPTING REPORT OF COMMITTEE ON SPECIE ACCOUNT OF 
COMMISSARY GENERAL JOHN WHEELWRIGHT, MAY, 1755, TO MAY, 
1756. 

The Committee further reported [^supra, chap. 30] that having Legislative 
examined the Specie Account of said John Wheelwright Esq^ from c^undf, xxm^. 
May. 1755. to May. 1756. they find that there remains due to the '^l^^^l^^l' 
province Fifty barrels of Pork and One hundred and fifty four ccxiix., si 
bushels of Peas which he is further to Account for in next Account House Jour. 

j; o ^^„' nal, p. ii'20 

OI opecie. (March, 1758). 

Read and |«P''«. chap. 

Ordered that this Report be revived and Accepted. \^Passed 
June 8. 



CHAPTER 32. 

ORDER ACCEPTING REPORT OF COMMITTEE ON DISBURSEMENTS AC- 
COUNT OF COMMISSARY GENERAL JOHN WHEELWRIGHT, MAY, 1755, 
TO MAY, 1756. 

The Committee further reported [supra, chap. 31], That having Legislative 
examined the said M' Wheelwrights Account of Disbursments from counrif, xxhL, 
May. 1755. to May. 1756. They find the same right Cast and well 28 . 
Vouched, and that the ballance of Twenty nine pounds one shilling House Jour- 
and ten pence lawful money is due to said Wheelwright from the (Marchfi758). 
province. supra, chap. 

Read and 

Ordered That this Report be Accepted. [Passed June 8. 



CHAPTER 33. 

ORDER ACCEPTING REPORT OF COMMITTEE ON SPECIE ACCOUNT OF 
COMMISSARY GENERAL JOHN WHEELWRIGHT, MAY, 1756, TO MAY, 
1757. 

The Committee further reported [suj^ra, chap. 32] that having Legislative 
examined the Specie Account of the said John Wheelwright Esq"" counci? xxm^ 
from May. 1756. to May. 1757. they find that there remained due 28. 
to the Province One hundred seventy four barrels of pork, and House Jour- 
Ninety and an half bushels of Peas, which he is further to Account mareh,'i758). 
for in next Account of Specie. 12'^™* ^^^'^' 

Read and Accepted, and 

Ordered That the said John Wheelwright Esq"" be further Account- 
able accordingly. [Passed June 8. 



380 



Province Laws {Resolves, etc.). — 1759-60. [ Chaps . 3 4-3 6 . ] 



Legislative 
Records of the 
Council, xxiii., 

28^ 

House Jour- 
nal, p. 321 
(March, 1758). 
Supra, chap. 
33. 



CHAPTEK 34. 

ORDER ACCEPTING REPORT OF COMMITTEE ON DISBURSEMENTS AC- 
COUNT OF COMMISSARY GENERAL JOHN WHEELWRIGHT, MAY, 1756, 
TO MAY, 1757. 

The Committee further reported [supra, chap. 33] That having 
examined the said M' Wheelwrights Account of Disbursments from 
May. 1756. to May. 1757. they found the same right cast and well 
vouched, and that the ballance of Six hundred forty nine pounds 
ten shillings and four pence lawful money is due to the province 
from said Wheelwright. 

Kead and 

Ordered That the foregoing Eeport be Accepted, and that the 
said John Wheelwright Esq'' Commissary General be further Ac- 
countable to the province for the said Ballance of Six hundred and 
forty nine pounds ten shillings and four pence accordingly. [Passed 
June 8. 



CHAPTEK 35. 



ORDER ACCEPTING REPORT OF COMMITTEE ON SPECIE ACCOUNT OF 
COMMISSARY GENERAL JOHN WHEELWRIGHT, MAY, 1757, TO MAY, 
1758. 

Legislative The COMMITTEE further reported [siqjra, chap. 34] That having 

councu,xxm^, examined the Specie Account of the said John Wheelwright Esq^ 
^^- from May 1757. to May. 1758. They find that there remains due to 

the province One hundred and nineteen barrels of Pork, One hun- 
dred and nineteen barrels of Beef, and Three hundred and seventy 
eight and One quarter bushels of Peas, which John AVheelwright 
Esq"" late Commissary General is further to Account for. 
Read and 

Ordered That this Report be Accepted, and 
Ordered that the Accomptant further Account for One hundred 
and nineteen barrels of Beef and One hundred and nineteen barrels 
of Pork, and Three hundred and Seventy eight and one quarter 
bushels of Peas due to the Province. [Passed June 8. 



House Jour- 
nal, p. 16. 
Supra, chap. 
34. 



CHAPTEK 36. 



Legislative 
Records of the 
Council, xxiii., 
29. 

House Jour- 
nal, p. 16. 
Supra, chap. 
35. 



ORDER ACCEPTING REPORT OF COMMITTEE ON DISBURSEMENTS AC- 
COUNT OF COMMISSARY GENERAL JOHN WHEELWRIGHT, MAY, 1757, 
TO MAY, 1758. 

The Committee further reported [sup7-a, chap. 35] That having 
examined the said M"" Wheelwrights Account of Disbursments from 
May. 1757. to May. 1758. They find the same right cast and well 
Vouched and that the ballance thereof Five hundred fifty seven 
pounds one shilling and seven pence lawful money is due to the 
said Wheelwright. 

Read and Accepted and 



[1st Sess.] Province Laws {Resolves^ etc.). — 1759-60. 381 

\_Ordered That] the ballance thereof being Five hundred fifty 
seven pounds one shilling and seven pence be accounted for with 
the said Wheelwright. [Passed June 8. 



CHAPTER 37. 

ORDER ACCEPTING REPORT OF COMMITTEE ON THE GOVERNOR'S 

SPEECH. 

The Committee appointed to take under Consideration that part Legislative 
of his Excellency's Speech relating to the Fort building at Penob- councif, xxui^, 
scot, together Avith the Message of the 6 Instant relative thereto rL 



reported as their Opinion That the Establishment made the 8''' Record"of the 
of February last for raising 400 men for the Service of building a council, xxui., 
Fort there, be continued to the 1^' of August; provided said Men House Jour- 
shall voluntarily enlist to continue in said Service during said time, ^^i^- ^.^^ 
And that his Excellency be desired to use such of the Whaleboats chap". 214. 
as he shall think necessary for the Service aforesaid. 

The Committee having also prepared the draft of an Address to 
his Excellency presented and submitted the same. 

(Signed) p Order of the Com'^^ Benj"*^ Lynde 

Read and 

Ordered That this Eeport be accepted. [Passed June 9. 



CHAPTER 38. 

VOTE ESTABLISHING PAY AND SUBSISTENCE FOR GARRISONS AT PENOB- 
SCOT, GEORGES AND PEMAQUID. 

Voted that there be pay & Subsistence granted for One Captain Legislative 
two Lieutenants four Sergeants four Corporals One Armourer One counclf xx^hk 
Drummer & Eighty Seven privates at Penobscot together with the 3i. Mass. 
Garrisons at Georges and Pemaquid Fort and that S*^ Officers & sol- ixxvhI.'^ ms. 
diers pay commence on the first of August next & Continue Until House Jour- 
the Tenth of Sepf following and at the same rates that are allowed °»i> p- 3*- 

^ o o 1 f • • , 1 T /-I • 1 T-i • i T Supra, chap. 

to omcers & Soldiers m the several Garrisons on the h rentiers And 37. 
that his ExcelP'' the Captain General be desired to Enlist the same 
as Soon as may be. [Passed June 9. 



CHAPTER 39. 

ORDER ACCEPTING REPORT OF COMMITTEE ON PET^ OF PROPRIETORS 
NEAR RUTLAND, AND APPOINTING A NEW COMMITTEE. 

The Committee appointed yesterday to consider the petition of r®^'®!?"'?^^ 
the proprietors or Inhabitants of certain Farms between Lancaster council, xxm., 
and Narragansett IST" 2. contiguous to Eutland East Wing made ArcWve^ 
report that they had heard the parties for & against the petition, cxvu., 444. 
and were of Opinion, that in order to have a clear understanding Legislative 
of the sundry things mentioned in said petition a Committee be councif.xxu.^ 



382 



Province Laws {Resolves^ etc.). — 1759-60. [Chaps. 40-42.] 



524; xxiii., 
21. House 
Journal, pp. 30, 
31, 35. Prov- 
ince Laws, iv., 
342, note. 
Ante, p. 295, 
chap. 213. 



appointed and sent by this Court to view the Farms and the East 
Wing abovementioned and report to this Court, The Charge of this 
Committee to be borne as this Court shall hereafter order. 

(Signed) Sam*- Watts ^ order. 

In Council Eead and 

Ordered that this Eeport be Accepted, and that Gamaliel Brad- 
ford Esq'' with such as the Hon''''' House shall appoint be a Com- 
mittee for the purposes therein mentioned. 
In the House of Eepresentatives 

Eead and Concur'd and M"^ Witt & Col° Gerrish are joined in the 
Affair. [Passed Ju7ie 9. 



CHAPTER 40. 



Legislative 
Records of the 
Council, xxiii., 
31. 

House Jour- 
nal, p. 31. 
Province 
Laws, iv.,161, 
chap. 4; 199, 
chap. 28; 269, 
chap. 8. Ante, 
p. 298, chap. 
207. 



VOTE TRANSFERRING £500 FROM APPROPRIATION FOR GRANTS TO 
APPROPRIATION FOR PAY OF THE FORCES. 

The Appropriation for the pay of the Forces raised on the late 
Alarm together with two Transfers for that purpose being all drawn 
out, and a further Transfer being necessary Therefore 

Voted That a further Transfer of Five hundred pounds be made 
from the Appropriation for the pay of the Grants to be made in 
the year. 1758. to the Appropriation for paying those who Marched 
On the Alarm in 1757. [Passed June 9. 



CHAPTER 41 



ORDER ALLOWING £1. 18. 4 TO JEREMIAH BALL, JUN^. 



Legislative 
Records of the 
Council, xxiii., 
32. Mass. 
Archives, 
Ixxviii., 515. 

Mass. 
Archives, 
Ixxviii., 514. 
House Jour- 
nal, pp. 30, 33. 



A Petition of Jeremiah Ball jun'' of Townshend, praying that 
he may be allowed for billeting himself on the Eoad, as he went to 
join the Army at the Westward, as a Soldier in the pay of this prov- 
ince in the year. 1758. 

Eead and 

Ordered that Col° Lawrence be allowed to recieve out of the pub- 
lick Treasury for the Use of the Pef One pound eighteen Shillings 
and four pence in answer to the Pet°. [Passed June 9. 



CHAPTER 42. 



ORDER ALLOWING £5 AND VOTE ALLOWING £5 ADDITIONAL PER ANNUM 
TO THE £5 ALREADY GRANTED TO AMOS HOWARD. 



Legislative 
Records of the 
Council, xxiii., 
32. Mass. 
Archives, 
Ixxviii., 505. 

Mass. 
.Archives, 
Ixxviii., 504. 
House Jour- 
nal, p. 33. 



A Petition of Amos Howard of Ipswich, setting forth That being 
a Soldier in the pay of the province the last year, the Bone of his 
Eight Arm was so broken by a Ball at the Action near Ticonderoga, 
that he apprehends it must be cut off ; And thankfully acknowledg- 
ing the Allowance already made him by this Court; praying some 
further Allowance may be made him. 

Eead and 



[1st Sess.] Province Laws {Resolves, etc.). — 1759-60. 383 

Ordered that Coll Epes be allowed to recieve five pounds out of A^^^' i,':.^-5> 
the publick Treasury for the use of the Pef in consideration of ^ 
his Sufferings mentioned. 

Voted also that five pounds per annum be added to the five pounds 
already granted, making ten pounds per Annum in the whole to the 
Pet' during the Court's Pleasure. [^Passed June 9. 



CHAPTEE 43. 

ORDER DIRECTING THE PROVINCE TREASURER TO TAKE OFF STOPPAGE 
ON GUN BELONGING TO OXENBRIDGE THACHER. 

A Petition of Oxenbridge Thacher of Middleborough, setting Legislative 
forth That being out in his Majesty's Service in the pay of the ^unct xxui:, 
province on the Crown point Expedition in 1756. He lost his Gun 33. Mass. 

• A.rdii vf s 

coming down the Eiver with the Invalids, on Account whereof ixxviii., 554. 



there is a Stoppage of Four pounds from his Wages, That he hath Mass. 
bought a Gun and returned it to the Commissary; And praying ^^^nr^554 
that said Stoppage may be taken off. House Jour. 

Paorl t.,ir1 nal, pp. 23, 24, 

iteaa ana 33. province 

Ordered that the Prayer of the Pet° be granted and that the cifa'^%iJ''^'^^' 

Treas"^ be directed to take off the stoppage accordingly. \^Passed 

June 9. 



CHAPTER 44. 



ORDER ALLOWING £5. 17 TO CAPT. SAM}- THACHER. Legislative 

Records of the 

A Petition of Samuel Thacher of Middleborough, setting forth 33. Mass.* 
That he was a Captain in Col° Gridley's Eegiment in 1756. That he itx-^n.';V. 
inlisted divers Men as privates in the Service who afterwards received ^^^^_ 
Commissions as officers for which reasons his Inlistments were not j^^?'^Ay«'S' 
allowed; And praying that he may receive the Bounty Money he Legislative' 
paid them and the premium for inlisting Councff xxi.^^ 

Eead and 249. House ' 

Ordered that the Prayer of this Pet" be granted and the Treas"" 24°Y3°*p?ov- ' 
is directed to pay the Pef five pounds seventeen shillings accord- enfc^ap.^sl^s!' 
ingly. [Passed June 9. 



CHAPTER 45. 



ORDER IMPOWERING JOSHUA EPHRAIM, INDIAN, TO SELL LAND AND 
MAKING PROVISION IN REGARD TO THE PROCEEDS. 

A Petition of Joshua Ephraim of Natick Indian, setting forth R^fo^^^g^Jfthe 
that having been two years in his Majesty's Service, he was while councif, xxiu!, 
in the Army seized with a fever which settling in one of his Arms Arciuve^s^,' 
hath rendered it for a long time useless, and it is now apprehended xxxm., 105. 
necessary to have it cut off. That he hath fifteen Acres of unculti- Mass. 
vated Land in said Natick, for one half of which he is indebted to xxxiiTfi54. 
his Brethren, and praying that he may be impowered to Sell said nai^ppl^^Tss, 



384 



Province Laws {Resolves, etc.). — 1759-60. [Chaps, 46, 47.] 



34. Ante, 

p. 241, chap. 76, 

note. 



fifteen acres of Land for the payment of said Debt, and other Debts 
contracted by Sickness, and that such other Relief may be granted 
him as this Court shall think proper. 

Eead and 

Ordered that the prayer of this Pef^ be so far granted as that the 
Pef be impowered (with the Assistance of the Guardians of the 
Natick Indians) to make Sale of the fifteen Acres of land men- 
tioned. That the Money arising by said sale be put into the Hands 
of the said Guardians to be by them applyed for the payment of the 
said Joshua's Just Debts and the overpluss if any there be be applyed 
for the said Joshua's Support and Maintenance. {^Passed June 9. 



CHAPTER 46. 



Legislative 
Records of the 
Council, xxiii., 
34. Mass. 
Archives, 
Ixxviii., 535. 

Mass. 
Archives, 
Ixxviii., 535. 
House Jour- 
nal, pp. 25, 32. 



ORDER ALLOAVING 40/ TO THO^ PHINNEY, JUN". 

A Petition of Thomas Phinney jun' of Barnstable, setting forth 
That his Son Josiah Phinney a Minor was a Soldier in the Pay of 
the Province on the Canada Expedition last year, that he was sent 
home on Furlough being Sick, and arrived the latter end of Sep- 
tember, and continued Sick for two months after. That He is made 
up in the Muster Roll to the 3"^ of October and no longer, and 
praying he may receive Wages till the Army was dismissed. 

Read and 

Ordered that Cap' Bacon be allowed out of the publick Treasury 
for the Use of the Pef forty Shillings in full consideration for his 
son's Wages and Sickness mentioned. [Passed June 9. 



CHAPTEE 47. 



ORDER ALLOWING £2. 6 AND A FURTHER SUM OF £3 TO JOSEPH 

HOULTON. 



Legislative 
Records of the 
Council, xxiii., 
35. Mass. 
Archives, 
Ixxviii., .517. 

Mass. 
Archives, 
Ixxviii., 517. 
House .Jour- 
nal, pp. 20, 32. 



A Petition of Joseph Houlton ' of New Salem, setting forth That 
his Son Joseph a Minor was impressed in the Crown point Expedi- 
tion in 1756. and Marched under Capt. Whetcomb to Albany where 
he Sickned and Died before he was embodied in any Company, and 
so is not made up in any Muster Roll, And praying an Allowance 
for 39 days Service and the Charge of his Sickness. 

[Read and] 

Ordered that the Sum of two pounds Six Shillings be paid out of 
the publick Treasury for the Pef" Sous AVages. 

Ordered also that the further Sum of three pounds be paid him 
out of the publick Treasury for^ his said Son's AVages. [Passed 
June 9. 

> The House Journal, p. 32, reads, ^^ Moulton." 

2 The House Journal, p. 32, reads, " Charges of Horse-hire, Expences for Nurses &c. 
mentioned." 



[1st Sess.] Province luAVf^ {Resolves, etc.). — 1759-60. 385 



CHAPTER 48. 

ORDER DIRECTING SELECTMEN OF EASTON TO PROVIDE FOR THE Legislative 

FAMILY OF CHARLES MEUSE. Records of the 

Council, xxiii., 
3t). Muss. 

A Petition of Charles Meuse one of the late French Inhabitants xxiv!,\t)7. 

of Nova Scotia setting forth That lie is placed at Easton is 60 years :^ — ^ "" 

old and very infirm, has with him only his Wife and a little daughter, Archives, 
that they receive from the Selectmen only three pints of Skim milk House Joiir- 
a day, and are in danger of Suffering; And praying relief. proV'iiice'''^*' 

Read and Laws, iv., 102, 

Ordered that the select men of the Town of Easton provide for p^ies, 4"p'. 
the Family within mentioned agreable to the Order of this Court ^.jj^' ^''Af-' 
for providing for the French Neutrals. [^Passed June 9. 



CHAPTER 49. 

ORDER ALLOWING £14. 14. 9^ AND A FURTHER SUM OF £6. 16. 7 TO W" 

PECKHAM. 

A Petition of William Peckham of Dartmouth, setting forth Legislative 
That his Servant Abner Elisha an Indian inlisted the last year in counc*if, xx\?l, 
the pay of this Province on the Canada Expedition, That he returned Arch^v'tfs^" 
home infected with the Small pox and during liis Illness he expended xxxiii., I'lo. 
on him £6.16.7 nor has he been well since; That the Petitioner can- Mass. 
not find that his said Servant is made up in any Muster Roll; And xxxm^fm 
praying he may have an Order for his Wages, and be allowed the ^^^^^ '^^"gg 
Charge of his Sickness. '^^' '' 

Read and 

Ordered that the Pef be allowed and paid out of the publick 
Treasury the Sum of fourteen pounds fourteen Shillings and Nine 
pence half penny for his servants Wages within named, in the Year 
1758 

And that the further sum of Six pounds Sixteen Shillings and 
seven pence be also paid out of the publick Treasury for his Ex- 
pences upon his said Serv* whilst Sick. \^Passed June 9. 



CHAPTER 50. 

ORDER ALLOWING £9 TO MARY HOWARD. 



A Petition of Mary Howard Relict Widow of John Howard late Legislative 
of Stoughton deceased, Setting forth That her said Husband was councf f xxin^ 
an inlisted Soldier in Capt. Arbuthnot's Company in 1757, and 36. Mass.' "' 
being Sick at Fort Edward was sent to Albany in a Waggon about bcxvmr4i-2. 
the 7 of August, but whether he ever arrived at Albany is uncer- Mass. ~ 

tain, yet so it is, the said John is made up as a Deserter whereby i)^^^^/il®®4'i.2 
She is deprived of his Wages ; And praying relief. HoiTse Jour. 

Read and nai,pp.24,33. 

Ordered that M' Bayley be allowed to recieve out of the publick 



386 



Province Laws {Resolves, etc.). — 1759-60. [Chaps. 51-53.] 



Treasury the sum of Nine pounds for the Use of the Pef in con- 
sideration of the Wages due to her late Husband Deceas'd. \^Passed 
June 9. 



CHAPTER 51.