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

THE 



ACTS AND RESOLYES, 



PUBLIC AND PRIVATE, 



Province of the Massachusehs Bat: 



TO WHICH ARE PREFIXED 



THE CHARTERS OF THE PROVINCE. 



HISTORICAL AND EXPLANATORY NOTES, AND AN APPENDIX. 



Published uNnjR Chapter S'' op the ?lrcoL'^s ok T4t G^fneral Court 

J*' IHyj CoKMCrTEALTH IJCR THE yEAHilti^T. 



BEING VOLUME VII. OF THE APPENDIX. 

CONTAINING 

RESOLVES, ETC., 1734-1741. 



BOSTON : 

WniGTIT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1904. 



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l\JiJ^^-^<y •■ ' •*• 



^jji^ l-l, . ^ ^ ^ 



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RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1734-35. 



m 



LEGISLATIVE LIST^ 



1734-35 



His Excellency JONATHAN BELCHER, 

Captain-General and Governor-in-chief, etc. 

JOSIAH WILLARD, Esq., 

SECRETARY OP the PROVINCE. 

THADEUS MASON, 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 ; 



Benjamin Lynde 
Addington Davenport 
Thomas Hutchinson 
Thomas Fitch 
Edmund Quincey 
Paul Dudley 
John Turner 
Symond Epes 
Samuel Thaxter 



ESQRS. 



"William Dudley 
Jonathan Remington 
Thomas Cushing 
John Osborne 
Ebenezer Burrell 
EzEKiEL Lewis 
Josiah Willard 
Jacob Wendell 
Samuel Welles 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Colony of Neio Plymouth; 

Isaac Winslow ) Seth Williams 

Meletiah Bourne ) ^ * Isaac Lothrop 



ESQRS. 



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

William Peperrell; Timothy Gerrish & Samuel Came, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying between 
the River of Sagadahock & Nova Scotia ; 

John Jeffrys, Esq. 

1 See Legislative Records of the Council, xvi., 1-4. 

[3] 



4 Province Laws (i?eso?ves, eitc). — 1734-35. [Representatives.] 

For the Province, at large : — 
Francis Foxcroft & Edward Goddard, Esqrs. 



REPRESENTATIVES or DEPUTIES. 
Maij 29, 1734 to April 19, 1735. 



Mr. JOHN QUINCEY, Speaker. 



Boston, 



Roxbury, 

Dorchester, 

Milton, . 

Brantry, 

Weymouth, 

Hingham, 

Dedham, 

Meclfield, 

Wrentham, 

Stoughton, 



Salem, . 



County of Suffolk. 
. . Elisha Cooke, Esq., 
Samuel Welles, Esq., 
Mr. Oxenbridge Thacher, 
Mr. Thomas Cashing. 

. John Bowles, Esq. 

. Col. Thomas Tileston. 

. Capt. Jonathan Culliver. 

. John Quincy, Esq. 

. Benjamin Dyer, Esq. 

. Mr. James Ilearsy. 

. Mr. Joseph Ellis. 

. Mr. John Barber. 

. Capt. Robert Blake. 

. Mr. William Royall. 

County of Essex. 
. . Daniel Epes, Esq., 

Capt. Benjamin Brown. 
Ipswich, . . . John Wainwright, Esq., 

Mr. Benjamin Crocker. 
Neivbury, . . Richard Kent, Esq., 

Henry Roli'e, Esq. 
Marblehead, . Abraham Howard, Esq., 

Joseph Blany, Esq. 
Lynn, . . . Capt. Richard Collins. 
Haverhill, . . William White, Esq. 
Rowley, . . . j\Ir. John Hobson. 
Salisbury, . . Capt. Jeremiah Stevens. 
Olocester, . . Capt. Joseph Allen. 
Andover, . . Mr. .Foseph Parker. 
Top)sJield, . . Capt. Joseph Gold. 
Beverly, . . . Robert Hale, Esq. 
Wenham, . . Mr. William Fairfield. 
Boxford, . . . Mr. John Symonds. 
Bradford, . . Mr. John Hutchins. 
Amesbury, . . Mr. John Blaisdel. 

County of Middlesex. 

Cambridge, . . Samuel Danforth, Esq. 
Charlestown, . Mr. Samuel W^ebb. 
Watertown, . . Joseph Mason, Esq. 



County of 

Concord, . 

Newton, . 

Sudbury, 

Mai'lbor", 

Oroton, . 

Framingham, 

Chelmsford, 

Billerica, 

Reading, 

Maiden, . 

Woburn, . 

Lexington, 

Weston, . 

Dunstable, 

Medford, 

Stoneham, 



Middlesex — Concluded. 
Mr. Samuel Chandler. 
]\Ir. Richard W^ard. 
Mr. Jonathan Rice. 
Mr. Joseph Rice. 
Benjamin Prescott, Esq. 
Mr. Micah Stone. 
Mr. Benjamin Adams. 
Capt. Benjamin Tomson. 
Mr. Ebenezer Parker. 
Mr. Timothy Sprague. 
Mr. John Fowle. 
Capt. Joseph Bowman. 
Mr. Ebenezer Allen. 
Capt. Joseph Blanchard. 
Mr. William Willis. 
Capt. John Vinton. 



County of Hampshire. 


Springfield, 


. Capt. William Pynchon. 


Northampton, 


. John Stoddard. 


Hatfield, . . 


. Capt. Israel Williams. 


Hadley, . . 


. Mr. William Partridge. 


Westfield, . 


. John Ashley, Esq. 


Suffield, . . 


. Mr. Christopher Jacob Law 




ton. 


Enfield, . . 


. Mr. Nathaniel Collins. 


Deerfield, . 


. Capt. Thomas Wells. 


County of Worcester. 


Worcester, . 


. John Chandler, Jun., Esq. 


Lancaster, . 


. Ca23t. Ephraim Wilder. 


Mendon, . . 


. Capt. Benjamin Love.' 


Woodstock, . 


. Mr. Joseph Lyon. 


Brookfield, . 


. Joseph D wight, Esq. 


Lunenburg, 


. Col. Josiah Willard. 


County of Plymouth. 


Plymouth, . 


. James Warren, Esq. 


Scituate, . . 


. Mr. Thomas Bryant. 


Marsh fie Id, . 


. John Little, Esq. 


Duxbury, . 


. Col. John Alden. 



> In the Town Records for the town of Mendon, and in the House Journal, this name appears as Capt. 
Daniel Lovet. 



[Representatives.] Province Laws {Resolves, etc.). — 1734-35, 



County of Plymouth — Concluded. 



Bridgivaier, 
Middleboro, . 
Rochester, . 
Plymplon, . 
Pembrook, . 



. Major John Ilolman. 
. ]\Ir. Samuel Barrow. 
. Mr. Thomas Dexter. 
. Mr. Samuel Bradford. 
. Mr. Elisha Busby. 



County of Baknstable. 

Barnstable, . . Shubal Goreham, Esq. 



Yarmotith, 
Sandwich, 
Eastham, 
Harwich, 



Mr. Samuel Sturgis. 
Mr. Stephen Skiffe. 
Mr. William Payne. 
Thomas Clark, Esq. 



County of Bristol. 
Bristol, . . . Charles Church, Esq. 
Taunton, . . Capt. Samuel Williams. 
Rehoboth, . , Mr. James Brown. 



County of Bristol — Conchided. 
Swansey, . . eToseph Mason, Esq. 
Little Comptoii, Thomas Church, Esq. 
Dartmouth, . . Capt. Samuel Cornel. 
Tiverton, . . Job Almy, Esq. 
Dighton, . . . Mr. Edward Shove. 
Norton, . . . George Leonard, Esq. 



York, . . 
Kittery, . 
Wells, . 
Berwick, 
Falmouth, 



County of York. 
. Mr. Richard Milberry. 
. Mr. Richard Cutt, Junior. 
. Joseph Hill, Esq. 
. Mr. Richard Lord. 
. Capt. Dominicus. Jordan. 



In the County of Nantuckett. 
Sherburn, . . George Bunker, Esq. 



RESOLVES. ORDERS, VOTES. ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-ninth Day of May, A.D. 1734. 



CHAPTER 1. 

ORDER OF NOTICE ON THE PETITION OF ELEAZER RHODES & OTHERS 
PRAYING TO BE ANNEXED TO WALPOLE. 

A Petition of Eleazer Rhodes Nath' Prebble and John Rhodes all i^sisiative 

r^. IT T-. /. iTir- Eecords ot the 

of Stoughton Shewing that they live very Remote from the Meeting Council, xvi., 7. 
house there and the way very bad so that they have always attended House Jour- 
the Publiek Worship of God at Walpole with their Familys and have ^^i. p-^- 
assisted in Supporting the Ministry there and therefore praying that 
the Pet"^^ with their Familys and Estates may be Set off from the Town 
of Stoughton and laid to the Town of Walpole. 

Read and 

Ordered that the Pet" Serve the Town of Stoughton with a Copy of 
the petition that they shew cause if any they have on Tuesday the 
Eleventh of June ^ next why the prayer thereof should not be Granted. 
\_Passed May 31. 



CHAPTER 2. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE LINE 
BETWEEN MASS-^ AND CONNECT^'. 

We the Subscribers being Appointed by the Governments of the Legislative 
Massachusetts Bay and Connecticutt to perambulate and Renew the councif.xvi!^!. 
Bounds or Patent line established and Agreed on Anno 1713 as by House Jour- 
the Acts of each Government impowring us thereto passed by the nai, p. 12. 
General Assembled of the Massachusetts in October last and by the Law^s.'n^, 695, 
General Assembly of Connecticutt in October aforesaid Having Mett ci»ap.8; ix., 
at the heap of Stones Eastward of Chaubumacungamoag Pond being xi.,' 790, chap.' 
the first Monument Mentioned in the Report of the Riding Commis- ^^*" 
sioners 1712 and made one Monument being an Heap of Stones near 
fourscore pearch Eastward thereof, being the North east Corner of the 
Colony aforesaid ; Thence we Continued the Line West Allowing Ten 
degrees to the Northward for the Magnetick Variation, We Run by many 
other Marked Trees and Monuments a little Southward of the said Pond 
to aheap of Stones Eastward of the Path from Oxford to Killingly, & 
thereon marked a Stone M on the North and C On the South side thereof, 
& then Continued the said line between the House & Barn of Nathanael 
Brown by Sundry marked Trees, and other Monuments to a White Oak 
tree four Perch east of Stony River, Marked by the former Commis- 
sioners M C as aforesaid, with other Lettei's ; from thence Continued 

' At the above-mentioned hearing, House Journal, p. 29 (June, 1734) , the petition was 
dismissed. 

[7] 



8 



Province Laws {Resolves, etc. ) . — 1734-35. [Chap. 3.] 



by Sundi'y Marked Trees and other Monuments to aheap of Stones 
Eastward of the Road from Oxford to Woodstock & one hundred and 
twenty Six Rods Southward of the Northeast Corner of the said Town 
of Woodstock ; these Marks being all Mentioned in the said Report of 
1713 ; From thence by the bounds of Woodstock to the Southeast Corner 
thereof being a Pine tree with a large heap of Stones thereabouts ; Then 
we turned the Corner and Renewed the South bounds of Woodstock by 
many Marks and Monuments to the Southwest Corner of Woodstock, 
being aheap of Stones on a Rock ; Thence on a Strait line to the north 
West Corner of said Town; Runing North Seven Deg. East; And in 
these West bounds are P^rected Seven large heaps of Stones, viz' one 
at the end of one Mile and Forty Perch from the South west Corner, 
the Second at the End of two Miles, the third on the top of Sugar Loaf 
hill, the fourth at the end of four Miles, the fifth at the end of five miles, 
the Sixth at the End of Six Miles, the Seventh at the end of forty one 
Rods Northw*^ of the Seventh Mile, being alaige heap of Stones, and 
is about One hundred & Sixty Perch South of a large Pine tree, with 
Stones about it, made Mention of in the said Report 1713 and Sixty 
Six perch South of the said North West Corner of Woodstock ; From 
this Pine we Continued the Course West Allowing the aforesaid Varia- 
tion by a line of mark'd Trees to a heap of Stones on the East side of 
the Road from Woodstock to Brimfield made by former Commissioners 
tho not in their Report mentioned ; thence by Marked trees and Monu- 
ments over Quineboag River to a heap of Stones on the West side of 
the Path from Brimfield to Union, and Continuing the same Course we 
Erected a heap of Stones Round a White Oak Stoddle on the West side 
of the Path from Brimfield to Stafford and from thence to a heap of 
Stones on a high bald hill made 1713, thence to a Path Runing North 
and South on the West side whereof we Erected a large heap of Stones ; 
thence to the heap of Stones on East hill, thence to aheap of Stones 
on the top of East Mountain, thence to a heap of Stones ateast foot of 
West Mountain ; These three monuments being made by former Com- 
missioners, & the last mentioned is the East bounds of I^nfield and North 
west Corner of Stafford and between all the Marks & monuments in the 
Report mentioned there is marked trees and many other Monuments 
Either made by us or the former Commissioners. We left off at the Last 
mentioned Corner being late on the Saturday. 

Dated at Enfield East Precinct the 11"' of May 1734 

Will'^ Dudley Jon^ Burnham 

Eben'' Burrill Rogeij Newbury 

John Chandler jun" James Leavins. 

Roger Wolcot 
Read and Accepted. [Passed June 4. 



CHAPTER 3. 

ORDER APPOINTING A COMMITTEE ON COMPLAINT OF THE TETICUT 

INDIANS. 



Legislative 
Records of the 
Council, xvi., 
10. 

House Jour- 
nal, p. 12. 



A Petition of Joseph Peters John Simon & Job Ahantou Indians 
of Teticut Shewing That one Stephen David an Indian having married 
One of their Tribe pretended a Right to Lands at Teticut & obtained 
leave of this Court to Sell a Considerable Quantity of said land after 
the death of his wife by whom he had no Child which land of Right 
belongs to the Pet" and therefore praying for Relief from this Court. 

In the House of Represent* Read and 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 9 

Ordered That Col° Alden & M' Shove be Desired & Impowred to 
Enquire in to the Subject Matter of the Complaint and Greif of the 
Peti" & Report their opinion of what may be proper for the Court 
to do for their Relief in the next Sitting of the Court. 

In Council Read & Concurr'd & that Seth Williams Esq"" be Joined 
in the affair. \_Passed June 4. 



CHAPTER 4. 

ORDER INCREASING JOHN LARRABEES ALLOWANCE FOR VICTUALLING 
THE GARRISON AT CASTLE WILLIAM. 

A Petition of John Larrabee Victualler of the Garrison at his Maj- ^If^^^^^'jf^the 
estys Castle William Shewing That by Reason of the Growing price of council, xvi., 

Provisions he has Suffered Loss by Victualling the said Garrison And ^ . 

therefore praying for an Additional Allowance therefor. Read & nai^p' ii"^'^ 

in answer to this Petition Province 

Ordered That the pef be and hereby is Allowed to make up his next ^ifa^^'so.'''^'^' 
Accompt of Victualling the Garrison of his Majestys Castle William at 
twelve shillings p man <j? Week to Commence from the time of passing 
the last Acco' of Victualling said Garrison this being an Allowance of 
two shillings ^ Week more than was made in the last Establishment 
of Victualling said Garrison. [^Passed June 4. 



CHAPTER 5. 

ORDER OF NOTICE ON THE PETITION OF THE SOUTH PRECINCT IN 
PLIMPTON PRAYING TO BE ERECTED INTO A TOWNSHIP. 

A Petition of the Agents for the South Precinct in Plympton Setting Legislative 
forth the Great Disadvantages they are Under in being Continued as a councif.xvM. 
part of the said Town and praying that the said Precinct may be set off House Jour- 
from thence and made a Seperate Township by their present bounds nai, p. 13. 
with the Addition of Several Familys and Estates which the Town of 
Middleborough Voted off to be Added to the Petitioners. 

Read & 

Ordered that the Pef' Serve the Town of Plimpton with a Copy of 
this Petition that they shew Cause if any they have on Tuesday the 
Eighteenth Instant why the Prayer thereof should not be Granted. 
[^Passed June 5.^ 



CHAPTER 6. 

ORDER OF NOTICE ON W^' CARLEYS PETITION FOR A NEW TRIAL WITH 
A STAY OF EXECUTION. 

On the Petition of William Carley [Province Laws, xi., 798, chap. Legislative 

rtn--i Records of the 

^^•j\ Council, xvi., 

Read together with the Answer of Josias Byles and the same being ii^ 

fully Considered. House Jour- 

•^ nal, p. 17. 

' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 4. 



10 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 7,8.] 



Province 
Laws, xi., 798, 
chap. 225. 



Ordered That the prayer of the petition be Granted & that the pef 
be allowed a Trial of the Case within mentioned upon the Merits at the 
next Sup' Court of Judicature tobe holden, at Boston for the County of 
Suffolk and the Justices of the said Court are Accordingly Impowred 
and Directed to hear and Determine the said Cause & that Execution 
on the former Judgment be Suspended in the mean time Provided the 
Pet"^ File his Reasons of Appeal According to Law & Serve the Adverse 
party with a Copy thereof and of this order at least fourteen days before 
the Sitting of the said Superiour Court provided also that the pef Give 
Bond with Sufficient Suretys to the said Josias Byles to Satisfy such 
Judgment as may be Recovered Against him by the said Byles at the 
said Superiour Court. \_Passed June 6.^ 



CHAPTER 7. 



ORDER ALLOWING £10 TO W" CUMMINS. 



Legislative 
Records of the 
Council, xvi., 
12. 

House Jour- 
nal, pp. 13, 15. 



A Petition of William Cummins of Dunstable shewing That he was 
Greivously wounded by the Indians in the late War by which he is yet 
much disabled from Labouring for the Support of himself and family 
And therefore praying Either for a Sum of money out of the Publick 
Treasury or liberty to sell Drink without Excise - 

Read & in Answer to this petition 

Ordered that the Sum of Ten pounds be Granted & paid out of the 
Publick Treasury to William Cummins in consideration of the Smart 
pain and Misfortune he Suffers by Reason of the wound he Reced in 
the Publick Service as within mentioned. \_Passed June 6. 



CHAPTER 8. 



ORDER OF NOTICE ON NATICOOK PROP^^s PETITION TO BE ERECTED 

INTO A TOWNSHIP. 



Legislative 
Records of the 
Council, xvi., 
12. 

House Jour- 
nal, X). 15. 



A Petition of the Proprietors of Naticook & Lands Adjoyning thereto 
on the East & west sides of Merrimack River partly in the Town of 
Dunstable & partly in the Town of Nottingham Shewing that the said 
Lands are Commodiously Situated for a Township and the Proprietors 
have Supported a minister there for some time past and therefore Pray- 
ing that the said Lands may be Erected into a Township 

Read & 

Ordered that the pef' Serve the Towns of Dunstable & Nottingham 
with Copys of this petition that they show Cause if any they have on 
Wednesday the Nineteenth day of June Currant if the Court be then 
Sitting if not on the first Tuesday of the next Sitting of the Court why 
the prayer thereof should not be Granted. \_Passed June 6. 

» This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 5. 

* The committee's report not accepted. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 11 

CHAPTER 9. 

ORDER APPOINTING A COMMITTEE ON THE LIGHT HOUSE REPAIRS. 

A Memorial of Robert Ball keeper of the Lighthouse on Beacon Legislative 
Island Setting forth the decayed Condition thereof and of the Dwell- council^, xVi!!^ 
ing house & wharff there & praying this Courts Consideration thereof. ^ 



In the House of Represen' Read & Legislative 

Ordered that Elisha Cooke & Daniel Epes Esq"" with such as shall council*, xv.,^ 
be Joined by the Hon''''= Board be a Coni"^'' to Repair to Beacon Island f/o^^riS^Tie. 
view the Lighthouse, Dwelling house and wharff there & Report to this Province ^ 
Court what Reperations they may Judge Needfull to be made with an ^ifap!V42.'' ^^*' 
Estimate of the Charge thereof. In Council Read &, Concurr'd And 

William Pepperell Esq'' is Joined in the Affair. \_Passed June 6. 



CHAPTER 10. 

ORDER OF NOTICE ON NATHi- BOWMAN'S PETITION TO BE SET OFF TO 

WATERTOWN. 

A Petition of Nath^ Bowman of Cambridge Shewing that his House Legislative 
stands near Watertown & Lexington lines and that he has no way to pass Qounctf, xvi!!^ 
to the Meeting house in the North west precinct in Cambridge and the i'^- 
Select men of said Town Refuse to lay him out a Way, that he is near House Jonr-^ 
four Miles distant from said Meeting house and must pass thro the ^i^i, pp. 14, i.. 
Meadow land that he has been Taxed very high to the Support of the 
Ministry in said Precinct tho he & his family has been Able to Attend 
but once there And therefore praying that he may be set off to the Town 
of Watertown where he has Attended on the Ministry with his Family 
for above Forty Years past. Read & 

Ordered That the Pef Serve the Town of Cambridge & the North 
westerly Precinct in Cambridge with a Copy of the petition that they 
shew Cause on Thursday the Thirteenth^ Currant why the prayer thereof 
should not be Granted. [Passed June 6. 



CHAPTER 11. 

ORDER OF NOTICE ON THE PETITION OF JOHN INGRAM & OTHERS OF 
HADLEY TO BE ERECTED INTO A SEPARATE PRECINCT. 

A Petition of John Ingram and a Great Number of other Inhabi- J^^gisiative 

o Rftcorcls or tiic 

tants of a Tract of land lying in and near the Townships of Hadley council, xvi., 

Bounding Easterly on the East bounds of said Town northerly On H^ . 

Southerland Southerly on Mount Holyoke & westerly from the East House Jour- 
bounds of Hadley about two miles & three Quarters Shewing their 
distances from the place of Publick Worship in said Town & their 
Advantageous Situation for their being made a precinct And there- 
fore praying that they may be Constituted a Seperate precinct- accord- 
ingly. Read & 

' At the hearing on June 14, 1734, the petition was dismissed. — Legislative Records 
of the Council, xvi., 19. 

= The House Journal, p. 14, after the word "precinct," reads, "from the first Precinct 
in said Town to which they at present belong ; and that the Lands belonging to the non- 
resident Proprietors and lying within those bounds may be subjected to a tax of two pence 
per acre for the space of six years, to enable them the better to defrey the Charges of build- 
ing a Meeting-House, settling the Minister, and supporting the Ministry." 



12 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 12-14.] 



Ordered That the Pet" Serve the first precinct iu Hadley with a Copy 
of the Petition that tliey shew Cause if any thej' have on the first Thurs- 
day of the next Sitting of the Court ^ why the prayer thereof should not 
be Granted. \_Passed June 6. 



CHAPTEK 12. 



ORDER OF NOTICE ON THE PLIMPTON PETITION FOR FURTHER TIME 

TO REPLY. 



Legislative 
Records of tlie 
Council, xvl., 
13. 

House Jour- 
nal, p. 19. 
Ante, p. 9, 
chap. 5. 



A Petition of Joseph Thomas in behalf of the Town of Plympton 
praying that they may be Allowed 'till the next Sitting of this Court 
to give in their answer to the petition of the South Precinct there. 

Read & 

Ordered that the Petition of the South Precinct in Plympton above 
mentioned be Referr'd to the first Tuesday of the next Sitting of this 
Court and that the Pet'' Notify the Agents for the said Precinct of this 
order.2 [Passed June 7. 



Legislative 
Records of the 
Council, xvi., 
14. 

House Jour- 
nal, pp. 11, 17. 



CHAPTER 13. 

ORDER ALLOWING THE COUNTY TREASURER OF PLYM" HIS ACCO''. 

An Accompt presented by Cap' John D3^er Treasurer of the County 
of Plymouth forthe Year 1733 having been laid before the Court of 
General Sessions of the Peace for said County & by them Allowed. 

Read & 

Ordered That this Accompt be AUow'd and Accepted. \_Passed 
June 7. 



CHAPTER 14. 



ORDER CONFIRMING A REVISED PLAT OF 1,000 ACRES OF LAND 
CAMBRIDGE SCHOOL. 



FOR 



Legislative 
Records of the 
Council, xvi., 
14. Maps and 
Plans, Mis., 
viii., 33. 

Maps and 
Plans, Mis., 
viii., .33. 
House Jour- 
nal, pp. 19, 20. 
Province 
Laws, xi., 771, 
chap. 157. 



A Plat of One Thousand Acres of Land Granted to Cambridge 
School laid out by Ebenezer PrescQtt Survey'' & two Chain men on 
Oath, bordering on the Town of Townsend, and being bounded as 
follows, viz' begining at a Red Oak mark'd CAM the Northwest 
Corner, and from thence Runing South west almost Sixteen Deg. Two 
hundred & fifty perch to a Stake & Stones in Townshend line & then 
Runing West SlVo Deg. North five hundred & Seventy three perch 
on Townsend line to a Stake & Stones then turning North, east 1772 
Deg. two hundred & forty perch to a Stake & Stones then turning 
North almost 44 Deg. East one hundred & forty perch to a Black Oak 
with Cambridge ; then turning East 4472 Deg. South to the bounds 
first mentioned This Farm lyes North of Great Muspetansus Hill hav- 
ing a Brook & Several Runs of AVater in it. 

Read and 

Ordered that the plat as Now reformed be and is hereby accepted, 
and the Lands therein delineated and described be and hereby are 

' At the hearing on September 13, 1734, House Journal, p. 74, this petition was dis- 
missed. 

i" At the hearing on November 28, 1734, the petition was dismissed. — Legislative 
Records of the Council, xvi., 69. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 13 

Confirmed to & for the use aud support of the Gramar School in the 
town of Cambridge for Ever, provided the plat exceeds not the quan- 
tity of One thousand Acres of Land and does not interfere with any 
former Grant. \_Passed June 7. 



CHAPTER 15. 

ORDER OF NOTICE ON THE PETITION OF DIVERS INHAB^^ OF CONCORD 
WESTON & LEXINGTON TO BE ERECTED INTO A TOWNSHIP. 

A Petition of Joseph Brooks & others Inhabitants & Proprietors of glfor^^^of tiig 
the Easterly part of Concord & the Northerly part of Weston & the Couucii.xvi., 

Westerly part of Lexington Setting forth their Difficultys & Inconven- ^1: 

iencys by Reason of their Distance from the Places of Publick Worship ^^°'^p®2o'^' 
in their Respective Towns & praying That their Familys & Estates may 
be sett off from the said Towns and Erected into a Seperate Township 
by the bounds in the Partition particularly Described 

Read & 

Ordered that the Pet" Serve the Towns of Concord Weston & Lex- 
ington with Copys of this petition that they shew Cause if any they 
have on the first Thursday of the next Sitting of the Court why the 
prayer thereof should not be Granted. \_Passed June 7. 



CHAPTER 1(3. 

ORDER IMPOWERING THE ASSESSORS OF DUNSTABLE TO LEVY AND 
COLLECT A TAX OF THREE HALF PENCE PER ACRE ON LAND. 

A Petitiox of the Town of Dunstable shewing that by Reason of Jiegisiative 

. Records of the 

the Great Tracts of Land in said Township held & kept Unimproved council, xvi., 

by the Non Resident Proprietors they are put to Difficultys for the ^ . 

Support of the Ministry in said Town And therefore praying That House Jour- 
• they may be Impowred to Tax such lands at three half pence p acre 
for three years next coming towards building a Meeting house in said 
Town. 

Read & 

Ordered That the Prayer of the Petition be Granted & the Assessors 
of the Town of Dunstable are hereby allow^ed & Impowred to Assess 
a Tax of three halfpence p acre ,p annum for the Space of three Years 
next coming on all the Lands in the Township of Dunstable belonging 
to the Non Resident proprietors & the Constables or Collectors of said 
Town are also impown'ed & Required to Collect the said Tax & pay the 
same for and towards defraying the Charge of Building a Meeting house 
in said Town & the said Lands are hereby Subjected to the pa^'ment of 
the said Tax accordingly. \_Passed June 7. 



M 



Province Laws {Resolves, etc. ) . — 1734-35. [Chaps. 17-19.] 



CHAPTER 17. 



ORDER APPOINTING A COMMITTEE TO VIEW THE LANDS OF THE 
NORTHLY & N« EASTERLY INH'^ OF BILLERICA. 



Legislative 
Records of the 
Council, xvi., 
14. 

House Jour- 
nal, p. 20. 



A Petition of Samuel Hunt & others Iniiabitauts of the Northerlj'- 
and Northeaster!}^ part of Billerica shewing That the said Town have 
Voted to set them off as a Seperate Town by Certain Bounds in their 
vote Mentioned Provided That the Inhab" of the South easterly Side 
of Shawshin River Consent thereto and praying an absolute Grant of 
this Court for their being made a Town by those bounds or that a 
(^Qjj^tee j-jj^y jh,g ggj^^ ^Q View them & Report their Opinion hereon. 

In Council Read & 

Ordered that Francis Foxcraft Esq"" with such as the Hon"'' House 
of Represent* shall Join be p, Com"'*' to Repair to the Lands petitioned 
to be a Township & view the same »fe hear the Partys & Report to 
this Court at their next Sitting what they Judge Proper to be done 
on this Petition the Charge of the Com'^" to be born as this Court 
shall order. In the House of Represent^ Read & Concurr'd & M"' 

Hobson & CoP Alden are Joined in the affair. \_Passed June 8} 



CHAPTER 18. 



ORDER APPOINTING A COMMITTEE TO VIEW LANDS AT PLIMPTON 
MIDDLEBORO AND PEMBROKE. 



Legislative 
Records of the 
Council, xvi., 
15^ 

House .Jour- 
nal, p. 21. 
Province 
Laws, xi., 768, 
chap. 153. 



On the Petition of Divers Inhabitants of Plimpton Middleboro & 
Pembrook [Province Laws, xi., 768, chap. 153] 

In Council Read together with the Answers of the Town of Plimpton 
&. North Precinct in said Town & other Papers in the Case & 

Ordered That Seth Williams Esq"" With Such as shall be Joined by 
the Hon'''*' House of Represent'' be a Com"''' to Repair to the Lands peti- 
tioned for to make a Township, & North Precinct in Plimpton view 
the same & hear the Partys & make Report to this Court at their next 
Sitting what they Judge proper to be done on this Petition The Charge 
to be born as this Court shall order. 

In the House of Represent'' Read & Concurr'd & Thomas Church & 
Tho' Tilestone Esq" are Joined in the affair. \_Passed June 8. 



CHAPTER 19. 



ORDER APPOINTING A COMMITTEE ON THE BOUNDARIES OF BELLING- 
HAM AND WRENTHAM. 



Legislative 
Records of the 
Council, xvi., 
16. 

House .Jour- 
nal, p. 16. 
Province 



A Petition of the Town of Bellingham & that part of Bellingham 
heretofore Dedham Shewing that they have been Notified by the Select- 
men of Wrentham to Renew the line between them which the Pet" 
declined because of the Great Difficulty of finding the Ancient bounds 
between Dedham & Wrentham & therefore Praying that this Court 

> This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 7. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 15 

would Appoint a Coin'*"" to Repair to Bellingliam and Wrentliam & hear Laws, xi.,788, 
what may be offered on both sides & Report their Opinion as to the ^^'^'^' '^^' 
said Line between them. 

In Council Read & 

Ordered That Samuel Thaxter & Edw'* Goddard Esq" with such as 
shall be Joined by the Hoiible house of Represenf be a Com"""^ to Re- 
pair to the Town of Bellingham & hear the partys concerned in this 
petition and make Enquiry into & get the best Information they can 
by Records in the Case or otherwise Respecting the West line of the 
Town so far as it Affects the Town of Bellingham & make Report to 
this Court at their next Sitting how the said line ought to be Set- 
tled. In the House of Represent" Read & Concurr'd & M'' Shove 
M^ Thatcher & Cap' Sam^ AVilliams are Joined in the affair. \_Passed 
June 8. 



CHAPTER 20. 

ORDER OF NOTICE ON THE PETITION OF SAM'- MAYO & OTHERS OF 
HARWICH TO BE SET OFF TO EASTHAM. 

A Petition of Samuel Mayo & Eight others Inhabitants of the East- Legislative 

Records OT tiiG 

erly part of the Town of Harwich Shewing that they were by an Order council, xvi., 

of this Court Divers Years Ago Set off to the Westerly Precinct in Yh. . 

Eastham so far as Relates to the Support of the Ministry that they ^^","®f fP ""■' 
have little or no benefit of the School at Harwich and are put to Great Province' 
Difflcultys in Attending the Trainings & other Affairs of the Town ^iJapf'TS^' ^"^' 
by Reason of their Distance and therefore praying That they may be 
wholly Sett off from Harwich & annexed to Eastham 

Read & 

Ordered That the Petition" Serve the Town of Harwich with a Copy 
of the Petition that they shew Cause on the Second Wednesday of the 
Next Sitting of this Court why the Prayer thereof should not be Granted. 
\_Passed June 13. 



CHAPTER 21. 

ORDER APPOINTING EBENEZER BURRILL IN PLACE OF FRANCIS FOX- 
CROFT ON THE COMMITTEE ON BILLERICA PETITION. 

On the Petition of Samuel Hunt & Others of Billerica \ante, p. 14, Legislative 

^i tn-\ L 1 ' Records of the 

chap. 17] Council, xvi.. 

Voted That Ebenezer Burrill Esq'' be of the Com''^'^ on this petition ^ 

in the Room of Francis Foxroft Esq' who Declines the said Service. House Jour- 
\_Passed June 14. ^niF,'\i. u, 

chap. 17. 



CHAPTER 22. 

VOTE IMPOWERING NATHi- COLLINS TO SURVEY AND LAY OUT 200 

ACRES OF LAND. 

A Petition of Nath' Collins of Enfield Setting forth his Fathers Ser- Legislative 
vice's in the War Against the Indians & praying for a Grant of some councif,x^**^^ 
of the Province Land lying between the Towns of Springfield Enfield i9^ 



, XVI., 



16 



Province Laws {Resolves, etc. ) . — 1734-35. [Chap. 23.] 



Legislative 
Records of the 
Council, xlil., 
353,418. House 
Journal, pp. 25, 
26. Post, p. 127, 
chap. 2. 



& Brimfield & the Colony Line which he petitioned for in the Year 1727 
and has Since been platted & Surveyed & a valuation made thereof the 
pet' to pay such Sum therefor as the Court shall Order 

Read & 

Voted that there be and hereby is a Grant of Two hundred Acres of 
the Province Lands mentioned in the petition made to the pet' his heirs 
and Assignes to be laid out on the Colony line on the South and Spring- 
field on the North bounds and Westerly with Enfield Ruhing a Parrellel 
line with Enfield East line and that the Pet' be allowed & Impowred by 
a Survey' and Chain men on Oath to Survey & lay out the said Grant 
and Return a plat thereof to this Court within twelve Months for con- 
firmation to the Pet' his heirs & Assignes and that upon the Confirma- 
tion of the Grant the Pet' pay the sum of Five pounds ^ in Bills of Credit 
to the order of this Court. {^Passed * June 14. 



CHAPTER 23. 



ORDER IMPOWERING W^' ROGERS AS GUARDIAN TO SELL HOUSE AND 

LAND. 



Legislative 
Records of the 
Council, xvl., 
19. 

House Jour- 
nal, pp. 28, 29. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of William Rogers Guardian to Samuel Richard and 
Sarah Sedan Minors Some of the Children of Samuel Sedan late of 
Wenham in the County of Essex deced praying that he may be Im- 
powred by this Court to Join with the Rest of the heirs of the said 
Samuel in Selling a house & about Nineteen Rods of Land Situate in 
Newbury being part of his Estate the Interest of the said Minors share 
to be for their use and the Principle to be paid them as they shall come 
of Age or be Married. 

Read & 

Ordered That the prayer of the petition be Granted & the petitioner 
is hereby allowed & Impowred in the name & in behalf of the Minors 
to Join with those of the Deceds Children who are Arrived at Age to 
make vSale of the Two Thirds of the House and Land within mentioned 
for the most the same will fetch giving Caution to the Judge of Probate 
for the County of Essex for the Security of the Minors part of the pro- 
ceeds of the Sale as within mentioned The Profit or Interest thereof to 
be Applied & principle paid as aforesaid And in making Sale of the 
premisses the Pet' to proceed Agreeable to the Act of the Province of 
the Sixth Year of his late Majesty King George Chap. 3'' Entituled An 
Act for the Regulation of the Decrees & other proceedings of the Sev- 
eral Judges of Probate in the Several Countys of the Province & of 
Appeals therefi'om And the Pet' is also Allowed & Impowred to Join 
for and & ^ in behalf of the said Minors with the other heirs to make & 
Execute a Good Deed or Deeds for Conveyance of the House & Land 
Accordingly. \_Passed June 15. 

1 The House Journal reads, £25. 
« Sic. 



[1st Sess.] Pkovince Laws {Resolves, etc.). — 1734-35. 17 



CHAPTER 24. 

ORDER ALLOWING £50 TO M« EDW» SHOVE. 

Ordered That the Sum of Fifty poimds be Granted and paid out of Rlfi^rds'of the 
the Publick Treasui-}^ to M' Edward Sliove further to Enable him to council, xvi., 

Appear for the Province in behalf of Henry Joslyn and others in his -^ 

Majestys Courts in the County of Bristol & Colony of Rhode Island J,^",''^ ff ^'■" 
for the Expence of which said Sum the said M"' Shove is to be Account- Province 
able to the Governour and Council. l_Passed June 15. cifap!'i23."' '^'' 



CHAPTER 25. 

ORDER OF NOTICE IMPOWERING EZEK^- UPHAM TO PURSUE HIS AP- 
PEAL FROM A SENTENCE. 

A Petition of Ezekiel Upham of Hassanimisco in the County of Legislative 

RGCorQS of tjn6 

"Worcester shewing That he was Convicted by the Sentence of Nahum council, xvi., 

Ward Esq'' (one of his Maj'^' Justices of the peace for the said County) -^ 

of Stealing Six Bushells of Corn from One Peter Lawrence an Indian House Jour- 

UHi 131) 29 30 

that he Appealed from the Sentence of the said Justice to the Court > • > • 

of General Sessions of the peace for the said County and filed Reasons 

of Appeal Accordingly but the said Court Quashed them for a Small 

Defect in form and therefore praying That he may be Allowed to file 

New Reasons of Appeal and to have a Trial of his appeal at the next 

Court of General Sessions of the Peace for the said Count}' of Worcester. 

Read & 

Ordered That the prayer of the petition be Granted and the pef is 
hereby Allowed and Impowred to pursue his appeal from the Sentence 
of the said Justice at the next Court of General Sessions of the peace 
to be held at Worcester in and for the County of Worcester on the 
Second Tuesday of August next, he filing his Reasons of Appeal with 
the Clerk of the said Court at least Seven days before the Sitting of 
the said Court, Giving the adverse party a Copy of this order at or 
before the time appointed for filing the Reasons of appeal and the Jus- 
tices of the said Court of General Sessions of the peace are also hereby 
fully Impowred & directed to hear and try the Pet"^' Action on the said 
Appeal Enter up Judgment and Award Execution Accordingly to all 
Intents and purposes as if the former Reasons of Appeal had not been 
Quash'd. \_Fassed Jmie 15. 



CHAPTER 26. 

ORDER ALLO"SVING THE ACCOUNT OF THE BRISTOL C*' TREASURER. 

An Acco'^ presented by INP Samuel Rowland Treasurer of the County Legislative 
of Bristol for the Year 1733 Having been laid before the Court of Gen- coundf, xvi!!^ 
eral Sessions of the Peace for said County and by them Allowed. •-^i- 

Read &, House Jour- 

Ordered that this Accompt be Allowed. \_Passed June 15. nai, p. 20. 



18 Province Laws (i?eso^ves,efc.). — 1734-35. [Chap. 27.] 



CHAPTER 27. 

ORDER ACCEPTING THE COMMITTEE'S REPORT OF HOUSE LOTS IN THE 
TWO TOWNS ON ASHUELET RIVER. 

Legislative The Report of the Com''^'' for layins: out the house Lotts in the two 

Records of the rr- * i i i. ti- t i-.>j 

Council, xvi., TowDS Oil Ashuelet Kiver June l/o4. 

?!: Pursuant to the Order of the Great & General Court we Repaired to 

House Jour- Ashuelet where we found in each of the said Towns Respectivly That 

Provrnw ' ' a, very large Body of the Land lyes in one entire parcell being Interval 

cifap%9s'' 792' Land and other low lands Altogether Unsuitable for House Lotts and 

chap. 210.' ' from the best View & observation that we Respectivly were able to 

n/ra,c ap. . ■^.^^]^q ^f ^[^g value and quality of the Land there, We Apprehend it 

Impracticable to lay it out in a Defenceable manner and to lay out 

between twenty & forty Acres to each house Lot According to the 

order of the Court and there being (in our humble Opinion) no other 

way in which the House lotts could be laid out but would Render (at 

least) many of them far less Accommodable to the Intervals and also 

very Scattering and Remote 

We Concluded that to lay out Small House lotts lying Contiguous 
& also Convenient for the Interval lands would be more agreeable to 
the Intentions of this Hon^''' Court then either for us to Desist & Re- 
turn without doing anything or to lay out large Lotts which must have 
been Extreemly Scattering & indefencible and therefore pi"oceeded as 
follows viz' To lay out in the uppermost of the said Ashuelet Town- 
ships fifty four Lotts in the most Convenient place for Building on & 
adjoyning to each other each Lott Containing eight Acres and that 
place not Accomodating more lotts there, we were obliged to lay out 
the other Nine Lotts about three Quarters of a Mile Distant from the 
Fifty four Lotts aforesaid We also laid out a Street thro each Division 
of Land aforesaid four Rods wide. 

In the other Township of Ashuelet we Could find but one parcell 
of Laud Sutable for House lotts (in alike Compact and Defenceable 
manner) which is a Plan consisting of no more than about four hun- 
dred Acres and therefore were obliged to lay out the whole number of 
lots being Sixty three in that place which yet would not afford above 
Six Acres (exclusive of Ways) to each house without Runing upon 
Intervals or mountanous lands which would be very Difficult to Equal- 
ize and a great part thereof fit for Neither Tillage nor mowing We 
therefore laid out the whole Sixty three Lotts there and also a Street 
of Eight Rods wide and whereas each Settler is obliged within the 
Term aforesaid to till or fitt for mowing Eight Acres within five Years 
We humbly propose that no damage or forfeiture Accrue to any Settler 
who shall within the Term aforesaid till or fit for mowing his house Lott 
there and shall also as soon as may be next after another Lott or divi- 
sion of Land shall be laid out till or fit for mowing the Remainder of 
said Eight Acres on such other Lott or Division which with the whole 
of this Representation or Report is humbly Submitted to the Wisdom 
& Candour of this Hon^^ Court 

Sam^ Chandler Edw'' Goddard 

John Hobson Charles Church 

Ebenezer Burrill 
Read & 
Ordered that this Report be Accepted. {^Passed June 17. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 19 



CHAPTEK 28. 

ORDER OF NOTICE ON THE PET^ OF THE EXECUTORS OF JAMES TISDALE 
TO FILE AN APPEAL. 

On the petition of the Executors of James Tisclale [Proviuce Laws, Legislative 

„r-o 11^-1-1 Records of the 

XI., //3, chap. lb2J Council, xvi., 

Read together with the Auswer of Timothy Lyndal Esq"" & ^ 



Ordered that the prayer of the petition be Granted And the Pet'' are House Jour- 
hereby allowed and Impowred to file their Reasons of Appeal from the provmce' 
Judgm' of the Inf Court within mentioned with the Clerk of the said ^jfa^^^yj- ""^' 
Court at least fourteen days before the Sitting of the Superiour Court 
to be held at Bristol the Second Tuesday of September next for the 
County of Bristol and that the Pet" Serve the Adverse party with a 
Copy of this Petition on or before the time of filing the Reasons of 
Appeal and the Justices of the said Sup Court are hereby impowred 
& directed to hear & try the said Action on Appeal enter up Judgment 
&, Award Execution Accordingly. [^Passed June 1 7. 



CHAPTEE 29. 

ORDER ACCEPTING A PLAT OF THE NEW TOWN AT PAQUOIG. Legislative 

Records of the 
Council, xvi., 

A Plat of the New Town at Paquoig Shewing the Homelotts laid 23^ 

out there Surveyed bv William Chandler Surveyor. House Jour- 

Ti A s nal, p. 32. 

Read (S Province 

Ordered That this Plat be Accepted & allowed with the Homelotts ^ifj^/v^p-- ™'^' 
therein Delineated. \_Passed June 18. supra,ch&^. 

27. Infra, 
chap. 30. 



CHAPTEE 30. 

ORDER ACCEPTING A PLAT OF THE UPPER TOWN AT ASHUELET. Legislative 

Records of the 
Council, xvi., 

A Plat of the House lotts in the Upper Township on Ashuelet River 23^ 

Read & House Jour- 

Ordered That the House lotts in the Upper Township at Ashuelet ^nte,'^^?, 
as within Delineated and protracted be Accepted. [Passed June 18. chap'. 27. 

'^ ^ '- .Swpra, chap. 

29. Infra, 
chap. 31. 



CHAPTEE 31. 

ORDER ACCEPTING A PLAT OF THE LOWER TOWN AT ASHUELET. Legislative 

Records of the 
Council, xvi., 

A Plat of the lower Township on Ashuelet River with the house 23^ 

lotts therein laid out. House .Jour- 

Read & li,ll^i,. 

Ordered that this Plat with the House lotts therein prot[r] acted & c^hap. 27. 
Described be Accepted. \_Passed June 18. 30.'^'"'*^ ^^' 



20 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 32-34.] 



CHAPTER 32. 



ORDER ALLOAVING THE ACCO'^ OF MIDD^ C TREASURER. 



Legislative 
Records of the 
Council, xvi., 
23. 

House .Jour- 
nal, p. 23. 



An Accompt presented by Daniel Russell Esq"^ Treasurer of the 
County of Middlesex for the Year 1733 having been laid before the 
Court of General Sessions of the Peace for said County and by them 
allowed 

Read & Accepted «& 

Ordered That this Accompt be Allowed. \_Passed June 18. 



CHAPTER 33. 



ORDER ESTABLISHING THE PAY OF THE GARRISON AT FREDRICK 

FORT. 



Legislative 
Records of the 
Council, xvi., 
24. 

House Jour- 
nal, p. 50. 
Province 
Laws, xi., 759, 
chap. 128. 



A Petition of Cap' James "VVoodside and the Garrison in his Maj- 
estj's Service at Fort Fredrick in Pemaquid under his Command who 
formerly Served at Fort Mary at Winter Harbour Praying that their 
pay since their Removal to Fort Fredrick may be Equal to that of the 
officers & Soldiers in the other Garisons at this Province 

Read & 

Ordered that the prayer of the petition be Granted and the pay of 
the pet""* from the time of passhig their last Muster Rolls which was 
about the time of their being Removed from his Majestys late fort 
Mary at Winter Harbour to Fredrick Fort, be and hereby is Estab- 
lished as follows & the Pet" Accordingly allowed to Charge in the 
Next Muster Roll the Cap' at four pounds ^ Month the Lieut' at Fifty 
three shillings & four pence ^ month & every private Ceutinel at Forty 
shillings ^ Month. \_Passed June 18. 



CHAPTER 34 



ORDER IMPOWERING JOSEPH CLESSON TO SURVEY AND LAY OUT 300 

ACRES OF LAND. 



House .Jour- 
nal, p. 33. 

Post, p. 186, 
chap. 142. 



A Petition of Joseph Clesson of Deerfield in the County of Hamp- 
shire, praying the consideration of the Court for his many distinguish- 
ing Services he has performed for the Province against the Indian 
Enemy, as particularly set forth in the Petition. Read and in 

answer to this Petition, 

Ordered, That the Petitioner be allowed and impowred by a Sur- 
veyor and Chain-men on Oath to survey and lay out three hundred 
acres of the unappropriated Lands of the Province in the County of 
Hampshire, so as not to prejudice any former Grant or the Settle- 
ment of a new Township ; and that he return a Plat thereof to this 
Court within twelve months for confirmation.^ [^Passed* June 18.- 

' " A Plat of three hundred Acres of land, to fulfill a Grant made by this Court in the 
Y'ear IIU." ~Post, p. 186, chap. 142. 

^ Not found in Leaislative Records of the Council. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1734-35. 21 



CHAPTER 35. 

VOTE ALLOWING THE TREASURERS ACCO^ FOR THE YEAR 1732. 

The Accompt of Jeremiah Allen Esq"" Treasurer and Receiver Gen- Legislative 
eral of the Provinceof the Massachusetts Bay in New England, begin- comSxvi!!^ 
ing May 26"' 1731 and Pending May 31. 1732 Amounting to the Sum of 25. Mass. 
One hundred and forty Seven Thousand Six hundred & Seventy Eight cx^m.^a. 
pounds four shillings & Eight pence having been presented and laid House Jour- 
before the House of Represent" and Inspected by said house By which ^^l'.f,^:^\^% 
it Appears that there was Outstanding the 3P' of May 1732 of the " '"'^ 
Taxes P^leven Thousand One hundred and Sixty Eight pounds Seven 
shillings & two pence and of the £50,000 Loan Three hundred and 
Eighty five pounds Seven shillings and of the £60,000 Loan Fifty 
Nine Thousand two hundred and fifty Eight pounds ten shillings and 
of the four p Cent Interest of the said £60,000 Two Thousand Six 
hundred and Seventeen pounds thirteen Shillings & Sixpence and Fifty- 
Seven Thousand four hundred and Eighty Six pounds Six Shillings & 
four pence Neet Province Bills Remaining in the said Treasurers hands 
further to be Accounted for 

Voted That the said Accompt in the Several Articles of Receipts 
and payments therein mentioned amounting to the Suiii of Sixteen 
thousand Seven hundred Sixty one pounds Sixteen shillings and eight 
pence be and hereby are allowed of And the said Treasurer is hereby 
discharged of the said suiii of Sixteen thousand seven hundred and 
Sixty one pounds Sixteen shillings and eight pence. [_Passed June 19. 



CHAPTER 36. 

VOTE ALLOWING THE TREASURERS ACCO'^ FOR THE YEAR 1733. 

The Accompt of Jeremiah Allen Esq"" Treasui'er and Receiver Gen- Legislative 
eral of his Majestys Province of the Massachusetts Bay in New Eng- couuc^f xvi','^ 
land begining the 3P' of May 1732 and Ending the 30* of May 1733 25. 
Amounting to One Hundred and fifty Six Thousand Nine hundred & House Jour- 
thirty five pounds Seven shillings & one penny having been presented ""//„Y(,^chap. 
& laid before the House of Represent' & Inspected by said House by ^^- ^"ff"' 
which it Appears there was outstanding the 30'"' of May 1733 Thirteen 
Thousand Nine hundred Seventy Six pounds & Seven shillings of the 
Taxes and Three hundred Sixty five pounds thirteen shillings of the 
£50,000 Loan & Fifty nine Thousand One hundred forty Six pounds 
& five shillings of the £60,000 Loan & Seventy Seven Thousand three 
hundred & Sixty Six pounds Nine shillings & five pence Remaining 
in said Treasurers hands further to be Accounted for. 

Voted that the said Accompts in the Several Articles of Receipts and 
Payments Amounting to Two Thousand Nine hundred & fifty three 
pounds Seventeen Shillings & Nine pence be and hereby are allowed 
of And the said Treasurer is hereby Discharged of the said Sum of 
Two Thousand Nine hundred & fifty three pounds Seventeen shillings 
& nine pence. \_Passed June 19. 



22 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 37-39.] 



CHAPTEE 37. 



Legislative 
Records of the 
Council, xvi., 
25. Mass. 
Archives, 
•cxxiii., 481. 

House Jour- 
nal, pp. o5, 3t). 
Province 
Laws, xi., 762, 
chap. 138. 
Supra, chap. 
30. 



VOTE ALLOWING THE TREASB^ ACC^ FOR THE YEAR 1734. 

The Accompt of Jeremiah Alleu Esq'' Treasurer aud Receiver Gen- 
eral of his^Iajestys Province of tlie Massachusetts Bay in New Eng- 
land begining the oO"' of May 1733 and Ending May 29. 1734 amounting 
to One hundred Seventy five Thousand Seven hundred and Sixteen 
pounds fourteen shillings & ninepence Having been presented and laid 
before tlie House of Represent" By which it Appears that there was 
outstanding the 29"' of May 1734 Nine Thousand One hundred and 
Ninety Six pounds and Nineteen shillings of the Taxes One hundred 
and Sixty Nine pounds & Six shillings of the £50,000 Loan Two Thou- 
sand Eight hundred & three pounds two shillings & five pence of the 
four p Cent Interest of the £60,000 and Fifty Eight Thousand Nine 
hundred and Six pounds & one penny of the £60,000 Loan and Eight 
Thousand four hundred & Eighty Eight pounds & fivepence Neet Prov- 
ince Bills in the Treasurers hands further to be Accounted for. 

Voted That y'' s'^ Accompt in y'' Several Articles of Receipts & Pay- 
ments Amounting to Sixty Seven Thousand Two Hundred Twenty Two 
Pounds Plight Shillings, together w"' Twenty Eight Thousand Nine Hun- 
dred and Thirty Pounds Eighteen Shillings & Ten Pence Province Bills 
consum'd to Ashes by y*^ Coiii"'^'^ appointed by y^ Gen^ Court, makeing in 
y* whole y*" Sum of Ninety Six Thousand One Hundred Fifty Three 
Pounds Six Shillings and Ten Pence is hereby allow'd of, & y^ s'* Treas- 
urer is hereby discharg'd of s'^ Sum of Ninety Six Thousand One Hun- 
dred Fifty Three Pounds Six Shillings and Ten Pence. [^PassedJune 19 . 



Legislative 
Records of the 
Council, xvi., 
26^ 

House Jour- 
nal, p. 36. 



CHAPTER 38. 

ORDER ACCEPTING THE TREAS^^ ACCO'^ OF INDIAN TRADE. 

An Accompt presented by Jeremiah Allen Esq"" of the Trade with 
the Eastern and Western Indians for the last Year 

Read & 

Ordered that this Accompt be Accepted the Ballance whereof (being 
Twelve Thousand three hundred &. two pounds thirteen shillings and 
Seven pence) M"" Treasurer Allen is further Accountable for. \_Fassed 
June 19. 



Legislative 
Records of the 
Council, xvi., 
15, 26. 

House Jour, 
nal, pp. 1.5, 33. 
Province 
Laws, xi., 783, 
chap. 188. 



CHAPTER 39. 

ORDER IMPOWERING ROGER & BENJ* CARARY TO BRING AN ACTION, 
WITH A STAY OF EXECUTION. 

A Petition of Roger & Benjamin Carary Shewing That upon their 
Petition to this Court in Febfy. last Complaining Against one David 
Hayward the Court were pleased to order the Pet" to serve John Read 
Esq' Attorney to the said Hayward with a Copy of the said Petition 
for his Answer but by Reason of the Pet" Remoteness from Boston 
they lost the Oppertunity of Serving the said Copy in Season And 
therefore praying that the said Order may be Revived. 

Read together with the Answer of John Read Esq'' And the same 
being fully Considered 



[1st Sess.] Province Laavs (Resolves, etc.). — 1734-35. 23 

Ordered that the prayer of the Petition be Granted and that if the 
Pet' shall put the Bond entred into by the within named David Hay- 
ward in Suit Against him their Serving an Original Summons on John 
Read Escf as Attorney to the said Hayward shall be Deemed a Good 
Service to all Intents & purposes whatsoever and that the Execution 
on the Judgment Obtained by the said Hayward be Respited till the 
Event of the Pet" Action provided they prosecute the same with Effect 
at the Inf Court of Common pleas [to] ^ be holdeu at Boston for the 
County of Suffolk on the first Tuesday of October next. \_Passed 
June 19. 



CHAPTEK 40. 

ORDER INCREASING THE GARRISON AT THE TRUCK HOUSE ON SACO 

RIVER. 

A Memorial of Cap' Thomas Smith Truck master at the Trading Legislative 
house on Saco River Shewing that the Garrison posted there Consists oounclf xv\'^^ 
but of ten men Seven of which are taken off to take Care of and Gaurd 27. 



the Provisions for the Garrison and the Goods for the Indian Trade House Jour- 
which are Transported ten Miles by Land So that there are not men "^^'-P-^e. 
Enough Remaining to Defend the said Trading house in Case of any 
Sudden assault And therefore praying that pay may be Allowed for 
twenty men which is the Number allowed for the other Trading houses. 

Read and in Answer to this Memorial 

Ordered That pay and Subsistance be Allowed to five men more at 
the Garrison at Saco River And his Excellency the Gov"^ & Cap' Gen- 
eral is Desired to give his Order for the Enlisting five Good Effective 
Men to be posted there who shall be Entituled to the said Pay & Sub- 
sistance upon their Enlistment. [Passec? June 19. 



CHAPTER 41. 

ORDER ON THE REPORT ON THE PETITION OF JOS: ELLIS & OTHERS 
OF THE SOUTH PRECINCT IN DEDHAM. 

Samuel Thaxter Esq" from the Com"''' of both Houses on the Peti- Legislative 
tion of Joseph Ellis & others of the South Precinct in Dedham [Prov- councif, xvi.,^ 
ince Laws, xi., 765, chap. 144] gave in the following Report viz' 'Ei 

In Answer to this Petition the Com"''^ are of Opinion That the per- House Jour- 
sons within named & Josiah and Amos Fisher two others of the South Province' 
Precinct in Dedham be entirely free from all Rates & Taxes Raised ^haT/'iM*^^' 
or that may be Raised by the said South Precinct for and towards the 
Erecting & finishing a Meeting house for the Publick Worship of God 
else where then where this Court have Ordered at the Common land ; 
And that the said Pet" and the said Fishers the next June, if the said 
Order be not Complied with, be deemed as part of the first Precinct 
in Dedham to do duty and Receive priviledge there 

By Order of the Com'^*' Sam'- Thaxter 

Read & 

Ordered that this Petition be Revived and that the persons within 
named and Josiah & Amos Fisher two others of the South Precinct of 
Dedham be intirely free from all Rates & Taxes Raised or that may 
be Raised by the said South precinct for and towards the Erecting or 

• Inserted from the State Library copy, Legislative Records of the Council, xvi., 26. 



24 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 42-44.] 



finishing a Meeting house for the Publick Worship of God else where 
then where this Court have ordered at the Common land and that the 
said Pet" with the said two Fisher's be hence forward Deemed as part 
of the first precinct in Dedham to do duty & Receive priviledge there. 
\_Passed June 19. 



CHAPTEE 42. 



Legislative 
Records of the 
Council, xvi., 
55. 

House Jour- 
nal, p. 36. 
Province 
Laws, xi., 758, 
chap. 125. 
Ante, p. 19, 
chaps. 29, 30, 31. 



VOTE FOR SETTLING THE NEW TOWNS AT ASHUELET & PEQUOIG. 

Whereas the Com""^ that have laid out the Home lotts in the Town- 
ship Westward of Aslmelott River & Paquoig have notified all persons 
that are desirous to take up Lotts Upon the Terms and Conditions that 
this Court has directed to Meet at Concord on Wednesday the Twenty 
Sixth Instant And it being Necessary after such Lotts are drawn that 
the Grantees be assembled & come into proper Methods for the Settle- 
ment of their said Lotts &c 

Voted that after the Sixty persons for each Township shall have 
Drawn Lotts and given Bonds and paid their five pounds According 
to the order of this Court July 1732 that they forthwith assemble at 
Concord and then and there Choose a Moderator a Proprietors Clerk 
and Agree upon Rules & Methods for the fulfillment of their Respec- 
tive Grants and for making any further Divisions and for Calling other 
Meetings for the future and any other Matters or things for the Speedy 
Settlement of the said Township. \_Passed June 19. 



CHAPTER 43. 



Legislative 
Records of the 
Council, xvi., 

28. 

House Jour, 
nal, p. 39. 
Ante, p. 11, 
chap. 9. 



ORDER ALLOWING £120 TO ROB^ BALL 

A Petition of Robert Ball Keeper of the Light house on Beacon 
Island Setting forth the Difficultys and hazzards of the said Service 
Praying that this Court would make him such Allowance for his Ser- 
vice as may be Sufficient for the Support of himself and family. 

Read & 

Ordered that the sume of One hundred and twenty pounds be Granted 
and paid out of the Publick Treasury to the Pef^ Robert Ball for his 
Service as Keeper of the Light house for the Year Currant to be Ac- 
counted from the Eighth day of November last. \_Passed June 20. 



Legislative 
Records of the 
Council, xvi., 
29. 

House .Jour- 
nal, p. 42. 



CHAPTER 44. 

ORDER OF NOTICE ON THE PETITION OF JOHN GREEN & OTHERS TO 
BE ANNEXED TO STONEHAM. 

A Petition of John Green Isaac Green John Dexter and Josias 
Green of Maiden and David Green Thomas Green and Samuel Green 
of Reading Setting forth their Difficultys to Attend the Publick Wor- 
ship of God in their Towns by Reason of their Remoteness from the 
Meeting house there And therefore praying That the}^ & their familys 
and Estates may by order of this Court be Annexed to the Town of 
Stoneham. 

Read and 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 25 

Ordered that the Pet" Serve the Towns of Reading and Maiden with 
Copys of this petition that they shew Cause (if any they have) on the 
first Friday of the next Sitting of this Court why the prayer of the 
petition should not be Granted and the petition is Referr'd in the mean 
time Accordingly. [^Passed June 21. 



CHAPTER 45. 

ORDER OF NOTICE ON THE PETITION OF SILVA^ SNOW & OTHERS FOR 
RELEIF FROM SUPPORT OF THE MINISTRY. 

A Petition of Selvanus Snow & five others of Eastham Shewing Legislative 
That when Billingsgate was set off as a Distinct precinct there were counclf.xvi!!^ 

four familys with their Estates Ordered to Remain to the Old Parish 29^ 

in Eastham from some of which Familys the Pef' are desended And House Jour- 
therefore praying that they may be Released from paying any thing pro'viiice' 
for the Support of the Publick Worship of God in the said Precinct Laws, x., 288, 
of Billingsgate 

Read & 

Ordered That the pef' serve the precinct of Billingsgate wMth a Copy 
of this petition that they shew Cause if any they have on the first Thurs- 
day of the next Sitting of this Court ^ why the Prayer thereof should 
not be Granted. \_Passed June 21. 



CHAPTER 46. 

ORDER INCREASING THE GARRISON AT FORT FREDERICK. 

A Petition of Cap* James Woodside Commander of his Majestys Legislative 
Fort Fredrick at Pemaquid Shewing that the Garrison under his Com- councif xvi!^*^ 
maud there are so few in Number as are not Sufficient for the Services so. 
they are Appointed for And therefore praying that provision may be House Jour- 
made of pay and Subsistance for an Additional Number of Soldiers ""^ntf^tho, 
to be Posted there. chap'. 33. 

Read and in answer to this Memorial 

Ordered that pay and Subsistance be Allow^ed to five men more at 
the Garrison at Fredrick Fort at Pemaquid and his Elxcellency the 
Governour & Cap' General is Desired to give his Orders for the En- 
listing five Good Effective men to be posted there who shall be Enti- 
tuled to the said Pay and Subsistance upon their Enlistment. \_Passed 
June 21. 



CHAPTER 47. 

ORDER APPOINTING A COMMITTEE ON THE CLAIMS OF JOS. EPHRAIM, 

AN INDIAN. 

A Petition of Joseph Ephraim of Natick Indian Shewing That his Legislative 
Father was an Inhabitant or Proprietor of Hassanimisco and ought to councif, xvll',^ 
have a proprietors Share of the Lauds there and the money produced 3"- 

' At the hearing September 13 this petition was dismissed. — Legislative Records of the 
Council, xvi., 52. 



26 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 48, 49.] 



House Jour- 
nal, p. 41. 
Province 
Laws, xi, 
chap. 36. 



233, 



by the Sale of them and therefore praying that this Court would Assign 
the Pef and his heirs a share of the money for which the Lands were 
sold 

Read and 

Ordered That M"" William Lyon Cap' Daniel Lovet & Joseph Mason 
of Watertowu Esq"" be a Com''"'' to make the best Enquiry they can into 
the Subject INIatter of this petition and make Report of their Opinion 
at the next Sitting of the Court what may be proper to be done thereon. 
\_Passed June 21 . 



CHAPTEE 48 



ORDER OF NOTICE ON THE PETITION OF AARON ELLIS TO BE RE- 
TURNED TO THE FIRST PRECINCT OF DEDHAM. 



Legislative 
Records of the 
Council, xvi., 
31. 



House Jour 
nal, p. 59. 
Province 
Laws, xi. 
chap. 24. 



21, 



A Petition of Aaron Ellis & ten others Inhabitants of the South 
Precinct in Dedham praying that for as much as this Court have taken 
of Divers of the Ablest persons of the said Precinct and Returned them 
back to tlie first Precinct in said Town And as the pef* Apprehend the 
Remainder are not Able to Support the Worship of God Among them, 
Praying that they likewise may be set back to the said first precinct 

Read & 

Ordered that the Pet" Serve the South precinct in dedham with a 
Copy of this petition that so they ma}^ shew Cause if any they have 
on Friday next, if this Court be then Sitting, if not on the first Friday 
of the next Sitting of this Court, why the prayer thereof should not 
be Granted.^ \_Passed June 21. 



CHAPTEE 49 



Legislative 
Records of the 
Council, xvi., 
31. 

House Jour- 
nal, pp. 27, 43, 
44. 



ORDER OF NOTICE ON PROVINCE TOWN MEMORIAL IN REGARD TO 
CATTLE ON THE PROVINCE LANDS. 

A Memorial of Jeremiah Cusliing Agent for the Inhabitants of 
Province Town shewing that of late Years the Inhabitants of the 
Neighbouring Towns Especially of Truro have turned large herd of 
Cattle to feed upon the Province land in said Town from Spring to 
Fall which will be of ill Consequence to the said Town and likewise 
may prove destructive to the Harbour And therefore praying for the 
Interposition of this Court 

Read & 

Ordered That the Pef Serve the Town of Truro with a Copy of this 
petition that they shew Cause on the first Fridaj^ of the next Sitting of 
this Court why the prayer of the petition should not be Granted and 
the petition is Referr'd in the Mean time. [^Passed June 21. 

' On June 28"' 1734 a Committee on the affair was appointed ; viz. Col. Tilestone, 
Samuel Wells Esq., Mr. Bisby and Mr. Shove, from the House; and Samuel Thaxter, 
Wm. Dudley and Thomas Cushing Esq" from the Council. — House Journal, p. 59. 



[1st Sess.] Province Laws (Resolves, etc.). — 1734-35. 27 



CHAPTER 50. 

ORDER OF NOTICE ON AND" FANEUIL PETITION TO RE-ENTER AN 

ACTION. 

A Petition of Andrew Faneuil of Boston Attorney to John Wood R|fordfof the 
& Ann Gl^'n Adm" to the P^state of Samuel Fitch of London deced, Council, xvi., 

shewing That in that Quality he has Commenced Several Actions against — 

John Liddel at the Inf Couit of Coiliou pleas for the County of Suffolk, Jj\'i)'^^,52M6. 
where he was Nonsuited, for not produceing the said Wood & Glens Let- 
ters of admcou and was denyed an Appeal praying that this Court would 
Reverse the said Judgments and that be may be Allowed to Reenter the 
said Actions and have a Trial thereof on the Merits 

Read & 

Ordered that the pef Serve the Adverse party with a Copy of the 
petition, that he may Shew Cause, if any he have, on Thursday the 
twenty Seventh Instant, why the prayer thereof should not be Granted.^ 
\_Passed June 22. 



CHAPTER 51. 

ORDER GRANTING TO THE TOWNS OF CAMBRIDGE NEW^TON AND LEX- 
INGTON 1,000 ACRES OF LAND EACH, FOR MAINTAINING THE GREAT 
BRIDGE. 

A Petition of the Towns of Cambridge Newton and Lexington Legislative 
Shewing the Great Burthen lying upon them in being Obliged by couudf, xvil!^ 

Law to keep in Repair the Great Bridge over Charles River and 32^ 

praying that they may be in some Measure eased of it or that this House Jour. 
Court would make them a Grant of land the better to Enable them Province^' *"^' 
to Support said Charge Read & in Answer to this petition Laws, xi., 749, 

Voted That three Thousand Acres of the Unappropriated Lands of 
the Province be & hereby are Granted to the Towns of Cambridge New- 
ton & Lexington to Enable them forever hereafter at their own Cost 
and Charge to keep Amend & Repair the Great Bridge Over Charles 
River in Cambridge ; The Land to be laid out in three Several parts 
in Equal proportion to each of the said Towns, and near adjoyning to 
some Towns or Townships already Granted by this Court; And that 
the Pef be Allowed by a Surveyor or Chain men on Oath to Survey 
the said Lands and Return plats thereof accordingly to this Court within 
twelve Months for Confirmation Provided That if the aforesaid Bridge 
at any time hereafter shall not be well and Sufficiently kept in Good 
and Substantial Repair for the Easy and Safe passage as now used and 
presented for such Deficiency and upon Trial Judged Any ways defi- 
cient. That then the Land hereb}' Granted with all the Improvements 
thereon shall Revert to the Province to be disposed of as the Govern- 
ment shall think fit. \_Passed June 22. 

' On reference, June 29, the above petition was dismissed. — Legislative Records of the 
Council, xvi., 42. 



28 



Province Laws {Resolves^ etc). — 1734-35. [Chaps. 52-54.] 



Legislative 
Eecords of tiie 
Council, xvi., 
33. 

House Jour- 
nal, p. 45. 



CHAPTER 52. 

ORDER IMPO^A'ERING THE TOWN OF REHOBOTH TO SELL THE COM- 
MON LAND, FOR THE SUPPORT OF THE SCHOOL. 

A Petition of the Town of Rehobotli Shewing that they have divers 
Small parcells of Land in tlie said Town Appropriated to the use of the 
School which Rent very low and might be sold to advantage, Pi-aying 
Liberty from this Court to sell the Said Lands the produce thereof to 
be for the benefit of the said School 

Read & 

Ordered That the prayer of the petition be Granted and the Pet" are 
Accordingly hei'eby Allowed & Impowred to make Sale of the whole of 
the Right of Commons belonging to the School in Rehoboth for the most 
the same will fetch Provided they purchase other Real Estate in one 
Intire Tract with the proceeds of the said Sale to be appropriated for 
the use of the School in Rehoboth and for no other use whatsoever. 
\_Passed June 22. 



CHAPTER 53. 



Legislative 
Records of the 
Council, xvi., 



House Jour- 
nal, p. 46. 
Province 
Laws, xi., 797 
chap. 224. 



VOTE GRANTING LAND TO NORTH YARM*^. 

A Petition of the Proprietors of North Yarmouth Praying for an 
Additional Grant of Land in Consideration of the Great difficultys 
they have Struggled with in Settling the said Town and that their 
Lotts have much fallen short of their measure by the claims ^ of divers 
persons Unknown to the Pet" at their first Settlement. 

Read & for as much as the Proprietors & Settlers of North Yarmouth 
have for a long time Laboured under Great Discouragements by Reason 
of the late War and also have already Met with great Disappoinfrments, 
and probably may Still meet with more by Reason of Ancient and Un- 
known tho just Claims for considerable Tracts of land, within said Town 
whereby the Settlers Lotts become so much less, and they thereby dis- 
couraged from Chearf ully prosecuting the Resettlement of the said Town 
as otherwise they would have done Therefore for the Encouragement 
of that Infant Plantation 

Voted that there be and hereby is Granted to the Pet" their heirs 
and Assignes forever the Land Included in the following bounds viz' 
begining at the North West Corner of said Town and from thence to 
Extend a North East Course till the North easterly bounds extending 
North West intersect the same making the bounds of said Town square. 
\_Passed June 22. 



CHAPTER 54. 



Legislative 
Records of the 
Council, xvi., 
34. 

House Jour- 
nal, p. 47. 



ORDER OF NOTICE ON ROB'' CARVERS PETITION FOR A NEW TRIAL 
WITH A STAY OF EXECUTION. 

A Petition of Robert Carver of Kingston in the County of Plymouth 
Mariner Shewing That at the Inf Court of Common pleas held at Plym- 
outh for said County in October last One Joshua Finney of Plymouth 
aforesaid whale fisherman Recovered two Judgments against him for 
wages and for not Rendring an Accompt of his voyage from which 

■■ This word reads " chains " in the Secretary's copy, but " claims " in the State Library 
copy, Legislative Records of the Council, xvi., 32. 



[IsT Sess.] Province Laavs {Resolves, etc.). — 1734-35. 29 

Judgraeuts the Pef Appealed to the Superiour Court of Judicature held 
at Plymouth iu April last and Filed his Eeasons of Appeal but being 
Detained abroad by Sickness & his powers to his Attorney not being 
Sufficient the said Finney obtained a Confirmation of the former Judg- 
ments with Additional Costs praying to be Admitted to a New Trial 
of the said Actions and that the Executions may be Suspended in the 
mean time 

Read and 

Ordered that this petition be Ref err'd to the first Tuesday ^ of the 
next Sitting of the Court and that in the mean time the Petitioner Serve 
the Adverse party or his Attorney M'' Jan)es Otis with a Copy of this 
petition, that he or P^ither of them then shew Cause, if auy they have, 
why the praj'er of the petition should not be Granted and that the Ex- 
ecutions on the Judgments within mentioned be staid in the Meantime. 
\_Passed June 24. 

CHAPTER 55. 

VOTE AUTHORIZING THE PURCHASE OF GUN POWD«. 

Voted that Samuel Welles Esq'' and M"" John Wheelwright are hereby ijegisiative 
desired and Impowred to purchase at the best Rate they can a quantity counclf, x vi!!^ 
of Good Gunpowder not Exceeding One hundred and Fifty Barrells for 34 Ms. 
the use of the Province. [Passed June 25. House Jour- 

nal, p. 47. 



CHAPTER 56. 

VOTE ABOUT THE SETTLERS IN SHEFFIELD TOWNSHIP. 

A Plat of the lower Township at Housatonnock Called Sheffield was Legislative 
laid before the Court for Confirmation of the Lands therein Delineated ^ou^cU^ xvP*^ 
and Described to the Housatunnuck Grantees, their heirs and Assignes 35. 
And it being Suggested that Divers persons Admitted as Settlers had House Jour- 
not performed the Conditions of the Grant nor were on the Spot. province 

Voted That the Committee for bringing forward the Settlement of Laws, xi., 728, 
the said Township be and hereby are directed and Required to lay 
before the Court a List of the persons who are Admitted as Settlers 
with an Acco' of those who have performed and also those who have 
not performed the Conditions of the Grant and that the Com*''^ power 
for Confirmation of the Settlers Propertys in the said Township of 
Sheffield (Agreeable to the vote of June 22** 1733) be further Con- 
tinued for twelve Months next. [^Passed June 25. 



cliap. 41. 



CHAPTER 57. 

ORDER IMPOWERING DOMINICUS JORDAN TO SURVEY AND LAY OUT 
300 ACRES OF LAND. 

A Petitiox of Dominicus Jordan of Falmouth Setting forth his Ser- Legislative 

vices in the late War with the Lidians and his Losses and Sufferings councif,xvi!!^ 

thereby and praying the Court to make him a Grant of some of the '^ 

Unappropriated Land of the province in Consideration thereof House Jour- 

' * ^ ^ nal, p. 49. 

1 At the hearing on the reference September 13 the petition was dismissed. — Legisla- 
tive Records of the Council, xvi., 53. 



30 



Province Laws (^Resolves, etc.). — 1734-35. [Chaps. 58, 59.] 



Read & 

Ordered that three hundred Acres of the Province land be and hereby 
is Granted to the pef his heirs and assignes in answer to this petition 
and that he be Allowed and impowred by a Surveyor & Chaiuinen on 
Oath to Survey and lay out the said three hundred Acres of the Un- 
appropriated Land of the Province lying & being in the County of York 
and Return a Plat thereof to this Court within twelve mouths for Con- 
firmation to the Pet'' his heirs and assignes for ever. \_Passed J%ine 25. 



Legislative 
Records of the 
Council, xvL, 
16, 36. 

House Jour- 
nal, p. 53. 



CHAPTER 5S. 

ORDER IMPOWERING SHERIFF WINSLOW TO EXECUTE A DEED OR 

DEEDS. 

A Petition of Edward Wiuslow Esq'^ Sheriff of the County of Suffolk 
Shewing That by Virtue of an Execution bearing date April 17"" 1727 
he did with twelve men make partition of a Tract of Land near Oxford 
wherein John Winthrop Escf of New London in the Colony of Connect- 
icutt was Concerned and for want of Goods or Chattels of the said John 
Winthrop to be found in his Precinct he levied the Costs of the said 
Partition Amounting to Forty pounds on Thirty Acres of Land belong- 
ing to the said Winthrop but finds a Difficulty to Sell the same the Pet" 
Right being Disputed And therefore praying That the Law in that Case 
made & provided may be so Explained by this Court as to make his 
Title Clear and Satisfy the Purchaser or that he may be otherwise Re- 
lief ed in the premes. 

Read & Accepted and 

Ordered that the Pet' be and hereby is Impowred to make and Exe- 
cute a Good and Sufficient Deed or deeds for Conveying the Thirty Acres 
of Land within mentioned which Shall be Deem'd Valid and Effectual 
in the Law to all Intents and purposes whatsoever provided the said 
John Winthrop Esq' and Ann his wife be allowed twelve Months Lib- 
erty of Redemption from this time. \_Passed June 26. 



CHAPTER 59. 



Legislative 
Records of the 
Council, xvi., 
36. Maps 
and Plans, 
Mis., vii., 30. 

Maps and 
Plans, Mis., 
vii., 30. House 
.Journal, p. 51. 
Province 
Laws, xi., 700, 
chap. 122. 



ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO NATRi- ALEX- 
ANDER. 

A Plat of three hundred Acres of land laid out by Timothy Dwight 
Esq' Survey' & Chain men on oath to fulfill a Grant made by this Court 
at their Session in April last^ to Nath' Alexander begining at a Great 
Rock with a heap of Stones on it Standing on the West Side of a Great 
hill f aceing Mount Elisabeth between a large Tract of land lately Granted 
to Cor Joshua Lamb & others and Swift River in the County of Hamp- 
shire and from the said Rock it Runs as particularly described in the 
Plat 

Read and 

Ordered That the plat be Accepted and the Lands therein delineated 
& described are hereby confirmed unto the said Nathaniel Alexander 
his Heirs & Assigns for Ever, provided it exceeds not the quantity 
of three hundred acres and does not interfere with any former Grant. 
\_Passed June 26. 

« The House Journal, June 25, 1734, p. 51, reads, April 10, 1733. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 31 



CHAPTER 60. 

VOTE IMPOWERING MRS. CHRISTIAN BAKER TO SURVEY LAY OUT AND 
SELL 500 ACRES OF LAND. 

A Petition of Christian Baker Shewing that she was formerly Carried r®?'®'^**^* .u 
Captive to Canada by the Indian Enemy and there Remained Twenty Council, xvi., 

five Years and Suffer'd many hardships that she tool< a Journey to Canada ^^ . 

with her husband Thomas Baker with Great Difficultys and P^xpenee for ^S"®® '^9,';""; , 

J I nal, pp. 40, 51. 

Redeeming her Children and was then Ir^ptrnmental In bringing back Province 
Divers Captives And for as much as the pet"" with her husband are Re- ch;ip!'i42! ^^"' 
duced to low Circumstances praying the Compassionate Consideration 
of this Court and that they would make some Grant to be for her and 
her Childrens Support 

Read and for as much as the Court are -Sensible of the particular 
Circumstances of the petitioner and that she has been Instrumental 
in Regaining Divers persons who were formerly Carried Captive to 
Canada. 

Voted that there be and hereby is Granted to the Hon''''^ William 
Pepperill Esq"^ in Trust for the Pef Christian Baker Five hundred 
Acres of the Unappropriated Lands belonging to the Province to be 
laid out in the County of York by a Survey"^ and Chainmen on Oath 
And that a Plat thereof be Returned to this Court for Confirmation 
within twelve months And the said William Pepperill Esq"^ is Author- 
ized and Impowred to make Sale of the said Five hundred Acres of 
Land and the proceeds thereof to Deal out or apply for the Relief of 
the pef as he from time to time shall Judge best for her. \_Passed 
June 26. 



CHAPTER 61. 

ORDER ACCEPTING THE REPORT ABOUT PENSIONS TO THE INDIANS. 

The Committee Appointed to take into Consideration his Excellencys Legislative 
message of the 17"" of June Currant Respecting the Chiefs of the Sev- councif xvi^^ 
eral Tribes of Indians being made Pensioners and to Report what may 37. 
be proper for this Court to do in Answer thereto Report as follows. Legislative 

Records of the 
xvi., 



That the sum of Five hundred and twenty four pounds ^ annum be council 



Allowed & paid out of the Publick Treasury unto Thirty two Indians 23 Ms. Prov 
in the Eastern and Western parts Suitable to the business hereafter !^i?,^686^chap 
proposed viz' 87. 

To Ten Indians of the Penobscot Tribe viz' to three of them Fifteen 
pounds each to three of them ten pounds and to four of them Six pounds 
each ^ annum 

To the Indian Tribes on this Side of Penobscot to two of them Fif- 
teen pounds each to two of them ten pounds each and to three of them 
Six pounds each |p annum 

To the S' Johns Tribe to One Fifteen pounds to two of them ten 
pounds and two Six pounds ^ annum each. To four of the Cag- 

nawago Tribe fifteen pounds each ^ annum To the Scatacook to one of 
them ten pounds ^ ann to two others Six pounds <^ annum each To 

the Housatonock or River Indians to One of them twelve pounds and 
to two of them Eight pounds each ^ annum In all Thirty two Indians 
as above and at the sum aforesaid And that a message be Dis- 

patched to the Cagnawaga Tribe as soon as may be to Inform them 
that this Court have not Received an Answer to a Message delivered 



32 Province Laws (i?esoZve«, ete.). — 1734-35. [Chap. 62.] 

them more than a Year Shice and that they be Excited to send down 
some of their Chiefs for that purpose and to Receive a further Offer to 
be made them And that upon their Arrival the above Report so far as 
Relates to some of their Tribes being Pensioners of this Government 
be Communicated to them And four Suitable and well Disposed per- 
sons of that Tribe be Commissionated by the Cap' General and Enti- 
tuled to the Pensions aforesaid ; And that some Suitable persons be 
P^mployed by this Government to find out proper persons of the Indian 
Tribes Eastward and Westward and to inform them of the Design of 
this Government as above, and to Assure them of the afores*^ Pensions 
upon their being Ready at all times to Give this Government Advice 
and Intelligence of any Motions or Designs Against us and behaving 
themselves Friendly to us and peaceably to all his Majestys Subjects 
and Report the names of Such Indians as they Judge Disposed and 
qualified for this Service and their Several Charectors The Pensions 
to be delivered them or to their Successors one half in the Spring and 
the other half in the Fall Annually for the Space of Seven Years next 
Ensuing they Continuing firm in their Friendship to all his Majestys 
Subjects and Giving this Government Intelligence of any Motions 
Against us All which is humbly Submitted In the name and by order 
of the Committee 

Tho'^ Fitch 

Read & 

Ordered That this Report be Accepted.^ [^Passed June 26. 



CHAPTER 62. 

ORDER IMPOWERING MADAM ABAGAIL TAILER EXECUTRIX TO SELL 
LAND AND EXECUTE A DEED OF CONVEYANCE. 

Ricord"of the ^ PETITION of M' Jonathan Bowman of Dorchester Clerk Shewing 
Council, xvi., That he bought and purchased of the late Hon^'*^ William Taylor Esq' 

^— deced for a valuable Consideration half an Acre and twelve Rods of 

nai"p! M."'^' ^^^^ Situate in Dorchester afores'^ and Erected his Barn thereon but 
the said CoP Tailor dying Suddenly never gave the Pet' a Deed of the 
said Land And therefore praying that Mad'" Abigail Tailor the Widow 
of the Deced may be Impowred to Execute such Deed. 
Read & 

Ordered that the prayer of the petition be Granted and the within 
mentioned Mad'" Abigail Tailor Executrix of the Testament of the 
late Hon"'' William Tailor Esq"" Deced be hereby fully Authorized and 
Impowred to make and Execute a Good Deed of Conveyance of the 
said half Acre and twelve Rods of land to the Pef his heirs and as- 
signes for the Consideration purchase Agreed on by the said William 
Tailor Esq"" and the pef which is to be for the use of the heirs of the 
deced. \_Passed June 26. 

' Not found in the House Journal. 



[1st Sess.] Province Laavs (liesolves, etc.). — 1734-35. 33 



CHAPTER 63. 

ORDER CONFIRMING A PLAT OF 100 ACRES OF LAND FOR THE HEIRS 
OF ROBT BARDWELL DECD. 

A PrLlATT of One hundred Acres of land laid out by Timothy Dwight Legislative 

• */ k/ o Records of th6 

Esq'' and two Chainmen on Oath to Satisfy a Grant made by this Court council, xvi., 
in October last to the heirs of Robert Bardwell late of Hatfield deed pian^^''^^ig''''*^ 
bein<; Situate on the P^ast side of Counecticutt River between Sunder- viii., 23. 



land & Northfield Against Nimes's field on the West side begining at Maps and 
a Chesnut tree standing about four Rods from the River marked with y/j^^^aa^^'®'' 
an Ax with Stones about it from thence Runing East 5. Deg. North House Jour- 
Seventy perch to a pine tree Mark'd with an Ax and with Stones proVmce' 
about it and then from the said Chesnut tree West 5 Deg South to Laws, xi., 760, 

ch iX'D 131 

the River from thence Runing Northerly up along by the River to a 
White Oak tree from thence East 5 Deg. North Seventy Six perch to 
a Stake and heap of Stones and from thence to the pine tree above 
mentioned 

Read and 

Ordered that the plat be Accepted and 

Ordered that the Lands within delineated and described be & hereby 
are Confirmed unto the Heii's or lawfuU Representatives of the said 
Robert Bardwell Within mentioned deceased their heirs or Assigns 
for Ever, provided the plat exceeds not the quantity of One hundred 
Acres of Land and does not interfere with anj^ former Grant. \_Passed 
June 27. 



CHAPTER 64. 

ORDER GRANTING CHRIST^ JACOB LAUGHTONS PETITION FOR TIME 
FOR PRESENTING A PLAT OF LAND. 

A Petition of Christopher Jacob Laughton Praying that this Court Legislative 

Records of the 

would allow him Six Months longer time for Returning a Plat of land Council, xvi.. 

Granted to the Proprietors of Suflield for a Township as also a Plat of ^ 

three hundred Acres of Land Granted to the Petitioner the Pef and House Jour- 
proprietors having met with Unavoidable Disappointments as to the Province' 
Surveying of said Land ^bap^'no" "^"' 

Read & 

Ordered That the prayer of the petition be Granted and the Pet' is 
Accordingly Allowed Six months longer to Take & Return the Plats 
of the said two Grants Accordingly. \_Passed June 28. 



CHAPTER Q5. 

ORDER IMPOWERING MARY ADAMS ADMINISTRATRIX TO EXECUTE A 
DEED OF CONVEYANCE. 

A Petition of Henry Adams Mary Adams & Daniel Kendell Shew- Legislative 
ing That Samuel French late Husband of the Pet' Mary made and councif, xvL,^ 
Executed a Deed of Certain Lands particularly Described in the Peti- 4i. 
tion to the peti"" Daniel Kendell who paid the Consideration for the House Jour- 
purchase to the said French in his life time which Deed was Acci- >i-^i>pp-57, 58. 
dentally Defaced & part of it Destroyed (the Remainder of it being 



34 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 66, 67.] 



herewith Exhibited) and therefore praying that the said Mary as Ad- 
min^ to the said Samuel French may be Impowred to make a New Deed 
to the said Kendall. 

Read and forasmuch as it Appears that the said Samuel French in 
his lifetime did Really Receive of the said Daniel Kendell the full Con- 
sideration purchase of the said lands and premisses in the Defaced Deed 
within mentioned and that the said Deed was by him freely and Law- 
fully Sealed & Acknowledged but by Cassualty the Same is since tore 
in peices & so Destroyed and that Right & Justice may be done. 

Ordered that the prayer of the petition be Granted and the pef Mary 
Adams (late French) Adm"^ of the Estate of her late husband Samuel 
French deced is hereby fully Authoi'ized and Impowred to make and 
Execute in due form of Law to the said Daniel Kendell his heirs and 
assignes a Good Deed of Conveyance of the Lands and premisses 
Sold and Conveyed to him by the said Samuel French as afoi*esaid 
which Shall be Deemed Good and Effectual to all Intents and pur- 
poses. \_Passed June 28. 



CHAPTER QQ. 



ORDER APPOINTING A COMMITTEE FOR A BARGE FOR THE CASTLE. 



Legislative 
Records of the 
Council, xvi., 
41. 

House Jour- 
nal, pp. 47, 58, 
69. 



In the House of Represent* 
Ordered That Samuel Welles Esq"' and CoP Thomas Tilestone be a 
Com"='= to Agree with a Good Boatbuilder to Build & Compleatly finish 
a Suitable Barge for the use of his Majestys Castle in the best man- 
ner they can In Council Read & Concurr'd and that John Osborne 
Esq'' be Joined in the affair In the House of Represent* Read & 

Concurr'd. \_Passed June 28. 



CHAPTER 67. 



ORDER ALLOWING £15 TO JA^ WOODSIDE. 



Legislative 
Records of the 
Council, xvi., 
4-2. 



House Jour- 
nal, p. 58. 
Province 
Laws, xi., 
chap. 128. 



59, 



A Memorial of Cap' James Woodside and the other officers & Sol- 
diers at Fort Fredrick at Pemaquid Shewing the Difficulty and Charge 
of Wooding said Fort and Prayiug that aproper Allowance may be 
made for Wooding said fort for this present Year 

Read & 

Ordered that the sum of Fifteen pounds be Granted and paid out 
of the Publick Treasury to the said James Woodside to Enable him 
to Wood the Garrison at his Majestys Fort Fredrick at Pemaquid for 
the Year Currant to be Accounted from the time of the Garrisons first 
Removal there. \_Passed June 28. 



[1st Sess.] Province Laavs (^Resolves, etc.). — 1734-35. 35 



CHAPTEE 68. 

VOTE FOR A TOWN MEETING AT HALLIFAX. 

Voted That M' Ignatius Cusbiug one of the Principal Inhabitants of R|fords"of the 
the Town newly Erected within the County of Plymouth be and hereby Council, xvi., 

is fully Authorized and Impowred to assemble the Free holders & others ^ 

Qualified Voters there to make Choice of Town officers to stand until ^""^f s^"*^' 
the Anniversary Meeting iu March next. [Passerf June 29. 



CHAPTER 69. 

VOTE FOR A TOWN MEETING AT SOMERS. 



Voted That Joseph Seaton one of the principal Inhabitants of the Legislative 
New Town lately made out of the Town of Enfield in the County of councn! x vL,'^ 

Hampshire be and hereby is fully Authorized and Impowred to As- ■^^ 

semble the Freeholders and other qualified Voters there to make Choice House Jour- 
of Town officers to Stand untill the Anniversary Meeting in March ^^'^' • 
next. \^Passed June 29. 



CHAPTER 70. 

ORDER APPOINTING A COMMITTEE TO PERAMBULATE AND RENEW 
THE DUNSTABLE BOUNDARIES. 

A Petition of a Com"^'' for the Town and proprietors of Dunstable Legislative 
praying That this Court would Appoint Some Suitable persons to Run oouncif.xvi!!^ 
the lines of the said Town including the Town of Nottingham where 43. 
they Join to the Province Land and Renew the marks and make new House Jotir- 
Ones where the old Marks are lost that so the bounds may be Clearly °^'' ^' ^^' 
known. 

In the House of Represent'' Read & 

Ordered That John Wainwright Will" White and Charles Church 
Esq" with such as the Hon''''' Board shall Join be a Com'^" (any three 
of whom to be a Quorum) in the name and behalf of this Province to 
Join with such Com'*"" as shall be Appointed and fully Authorized by 
the Town and proprietors of Old Dunstable inclusive of Nottingham 
to perambulate and Renew the line within mentioned and make Report 
to this Court of their doings thereon as soon as may be 

In Council Read & Concurr'd and Samuel Thaxter and William 
Dudley Esq"^* are Joined in the affair. [Passed June 29. 



CHAPTER 71. 

ORDER IMPOWERING CAP^ CYPRIAN SOUTHACK TO SURVEY AND LAY 
OUT 500 ACRES OF LAND. 

A Petition of Cap' Cyprian Southack Setting forth his great Services Legislative 
for the Province iu Divers Wars with the French and Indians for the councff xv^^ 
Space of above Thirty Years ; And for as much as he is now grown to 44. 



36 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 72-74.] 



House Jour- 
nal, p. 63. 



an advanced Age and his Circumstances not so Easy as they have been, 
Th'refore praying the bounty of this Court in a Grant of some of the 
Province Laud. 

Read and 

Ordered That five hundred Acres of the Unappropriated Lands of 
the province be and hereby are Granted to the Pef and that he be 
Accordingly Allowed and Impowred by a Survey"' and Chain men on 
Oath to Survey and lay out the said Five hundred Acres of Land Ad- 
joyning to some Town, heretofore Granted, and Return a plat thereof 
to this Court within twelve Months for confirmation, to the Pef his 
Heirs and Assigne.s forever. \_Passed Jidy 2. 



Legislative 
Records of the 
Council, xvi., 
45^ 

House Jour- 
nal, p. 66. 



CHAPTER 72. 

ORDER FOR A TOWN MEETING AT LITCHFIELD. 

Ordered that M"" Aquila Underwood one of the principal Inhabitants 
of the New Township at Naticook and Lauds Adjacent be and hereby 
is fully Authorized and Impowred to Assemble the Freeholders and 
other Inhabitants of said Township lawfully Qualified to Chuse Town 
officers to stand untill the Anniversary Meeting in March next. [^Passed 
July 3. 



CHAPTER 73. 



ORDER IMPOWERING FRAN^ NORRIS & OTHERS TO FILE AN APPEAL. 



Legislative 
Records of the 
Council, xvi., 
40, 4,5. 

House .Jour- 
nal, pp. 56, 67. 



A Petition of Francis Norris and Mary his wife & Elizabeth Ruby 
Shewing That they Appealed from a Denial of the Judge of Probate 
for the County of Suffolk to Grant Administration on the Estate of 
Samuel Burnell deced and gave Bond to prosecute their Appeal but 
thro Mistake lapsed the time limited by Law for filing their Reasons 
of Appeal, Praying that they may be Impowred by this Court to file 
their Reasons of and prosecute thei r Appeal to Effect Against Samuel 
Burnell the Eldest son of the deced 

Read together with the Answer of Samuel Burnal and the Matter 
being fully Considered, 

Ordered that the prayer of the petition be Granted and the pet" are 
allowed to file their Reasons of Appeal and pursue their Appeal to 
Effect Accordingly ; Provided the said Reasons of Appeal be filed in 
the Registers office within ten days from this time. \_Passed Jxdy 3. 



CHAPTER 74. 

ORDER ALLOWING THE ACCO^ OF THE TREASURER OF YORK COUNTY- 



Legislative 
Records of the 
Council, xvi., 
45. 

House Jour- 
nal, p. 65. 



An Accompt presented by Jeremiah Moiilton Esq' Treasurer of the 
County of York for the Year 1733 Having been laid befoi-e the Court 
of General Sessions of the peace for the said County and by them 
Allowed 

Read & 

Ordered that this Acco' be Allowed. \^Passed July 3. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1734-35. 37 

CHAPTER 75. 

ORDER ALLOWING THE ACCO»' OF THE C" TREASURER OF ESSEX. 

An Accompt presented by John Appleton Esq'' Treasurer of the Legislative 
County of Essex for the Year 17o3 having been laid before the Court councn^, x vi'.^^ 
of General Sessions of the peace for the said County and by them ^5- 

Allowed House Jour- 

Read & "*'•»•''• 

Ordered that this Accompt be Allowed. \^Passed July 3. 



CHAPTER 76. 

ORDER OF NOTICE ON THE PETITION OF NATHi- PERLEE & OTHERS 
TO BE ERECTED INTO A SEPARATE PRECINCT. 

A Petition of Nath' Perlee for himself & othei's Inhabitants of the Legislative 
Easterly part of the first or South Precinct in Haverhill praying that councff, x vilf 

they with othei's within Certain bounds Mentioned in the petition and 46^ 

their family's may be Erected into a Seperate precinct Agreeable to a House Jour- 
vote of the said South precinct herewith Exhibited °*^' i'^" ^^' ^^• 

Read & 

Ordered that this petition be Referr'd to the next Sitting of the 
Court for Consideration and that in the Mean time the pef^ Serve the 
Deseuting persons with a Copy of this petion and Order that they 
shew Cause if any they have why the prayer of the petition should 
not be Granted. \_Passed July 3. 



CHAPTER 77. 

ORDER APPOINTING A COM^ee qN THE AFFAIR OF THE PROVINCE 

STABLES. 



Ordered That M"" Cooke M Welles M Thatcher and Maj"" Bowles be Legislative 
Committee to take Effectual Care for the Accomodation of the Prov- councfh xvi 
ince Stables with Water where his Excellencys Horses and Coaches are ^ 



kept that the Com'*''' be Allowed to Remove in the Eences of the Prov- House Jour- 
ince Land in Rawsons Lane so Called about three feet so as to make Province 
it Strait with the Front Fence of the proprietors on each Side & that Laws, xi., 74s, 
the partition North Westerly be set on the true line. \_Passed Jxdy 4. 



cliap. 95. 



CHAPTER 78. 

ORDER DIRECTING THE DISCHARGE OF JOHN LIDDELL FROM PRISON. 

A Petition of John Liddell of Boston Shewing That at an Inferiour Legislative 
Court of common pleas held at Boston in January last he was Sued by councif xVi!*^ 
Andrew Fanuel as Attorney to John Wood and Ann Glyn in Several 32, 47. 
Actions, to the Amount of £24,000 and for want of Bail was Com- House Jour- 
mitted to Prison, where he continued till the Court in April last and cl.'eg.^'^w^e' 
then, the pP not being able to prove himself Qualified to Sue was p.'av, chap. so. 



38 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 79, 80.] 



uousuited, but after the Judgment was known the said Faueuil Sued 
the Pet"^ for the same Matters in the sum of £32,000, altho the pef 
has Remitted the Greatest part of the said money for which he is 
sued ; and for as much as such Excessive Bail is Unjustly Required 
of him Praying for Relief from this Court and that an Act may be 
made to prevent persons being held to Excessive Bail and that it may 
have a Retrospect to his Case. 

Read together with the Answer of Andrew Faueuil Esq"" within 
named & 

Ordered that the prayer of the petition be so far Granted as that 
upon the pet" Givhig Sufficient Security not Exceeding Ten Thousand 
pounds in Bills of Credit of this Province to Render a Just Accompt 
to the Attorney of John Wood and Ann Glyu within named of what 
he has Reced for them and paid or Remitted to them upon their ob- 
taining a Judgment for the same and also to pay Such Ballance thereof 
as shall be Recovered Against him or Surrender up his Body thereupon 
he shall, upon giving such Security as aforesaid, be Discharged from 
his present Imprisonment. \^Passed Jxdy 4. 



CHAPTEE 79. 



ORDER IMPOWERING FRANCIS BORLAND TO FILE AN APPEAL. 



Legislative 
Records of tlie 
Council, xvi., 
43, 47. 

House Jour- 
nal, pp. 64, 69. 



A Petition of Francis Borland and Jane his wife and James Varuey 
and Jane his wife Shewing That they Appealed from a Denial of Nath^ 
Blagrove Esq"" Judge of Probates for the County of Bristol to Grant 
them Admincpii on the Estate of John Farwell Deced and gave Bond 
to prosecute their Appeal and filed their Reasons but when the Appeal 
was brought on to be heard before the Governour and Council It was 
objected Against the Pet"^^ that their Reasons of Appeal were filed one 
day later than the Law allows ; Upon which their Appeal was dismist ; 
And therefore praying That they may be Admitted to file their Reasons 
of Appeal and prosecute their Appeal with Effect. 

Read and M"^ Edward Shove Attorney to the Adverse party having 
been Served with a Copy of this petition and not given any Answer 
thereto 

Ordered that the prayer thereof be Granted and that the pet" be and 
hereby are Allowed to file their Reasons of appeal and pursue their 
Appeal to Effect Provided the said Reasons be filed in the Registers 
office of Probate for the County of Bristol any time in the Month of 
July Currant. [^Passed July 4. 



CHAPTEE 80. 



ORDER ALLOWING £18 PER ANNUM FOR THREE YEARS TO JOSIAH 

JOHNSON. 



Legislative 
Records of the 
Council, xvi., 
47^ 

House Jour- 
nal, pp. 67, 68. 
Province 
Laws, xi., 592, 
chap. 29. 



A Petition of Josiah Johnston of Billerica Shewing That he has for 
some years past by order of this Court Received a Pension of Eighteen 
pounds ^ Annum in Consideration of his being Disabled by Wounds 
he Received in the Service Against the Indian Enemy that the time 
for his said pension is Expired and that his Wounds are Still open 
And therefore praying That the said Pension may be Continued. 

Read & 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 39 

Ordered that the sum of Eighteen pounds ^ Annum be Granted and 
paid out of the Publick Treasury to the Pef Josiah Johnson for and 
during the Space of three Years to Commence from the first day of 
June last. \_Passed July 4. 



CHAPTEE 81. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON REPAIRS TO 
THE LIGHT HOUSE, AND LEVYING A DUTY OF THREE HALF PENCE 
PER TON, 

The Com"^^^ Appointed to View the Light house Report that the Legislative 
Seams and Grades be Well filled with Mortar or Putty and the whole councu" x vf,^ 

Outside cased with Good Oak Plank of two Inches and an half thick ^^i 

up and down with twelve Iron hoops the Hoops to be three Inches and Legislative 
an half wide Vs of '"i Inch tiiick well drove over the Plank and to be councif, xvi.,^ 
at Suitable distances about four feet a part and boarded between the jQ^p^ar®^ go 
Hoops & Shingled on the outside. This Method we Apprehend Will 69. Ante, 
Secure the Said Light house and make it as Strong as at fii'st if not P- n. ciiap. 9. 
the better : And herein we have the Opinion of Work men going down 
with us, the foundation of the House not being in the least Altered 
nor the House Settl'd one way or other having Carefully plumbed it 
all Round The Charge thereof will be very Inconsiderable to the pull- 
ing this down and Erecting an other The Charge We Suppose of this 
thorough Repair Work and all will not Exceed Five hundred and Fifty 
pounds All which is humbly Submitted 

AV*' Dudley in the name & by order of the Committee 
In the House of Represenf^^ Read and Accepted & 
Ordered That the Duty on Shipping and Navigation for Defreying 
the Charge of the Lighthouse be for four years next coming at the 
Rate of three half pence ^ Tun Inward and as much Outward And 
that a Bill be prepared & brought in Accordingly and Samuel Welles 
and Thomas Tilestone Esq""^ with such as the Hon'^''' board shall join 
be a Com'^^ to Effect the Repairs within mentioned after the Most 
prudent Manner In Council Read & Concurr'd and william Dud- 

ley Esq'' is Joined in the affair. \_Passed July 4.^ 



CHAPTER 82. 

ORDER OF NOTICE ON EBEN= & ELIZ^ SUMNERS PETITION FOR LEAVE 
TO FILE A BILL IN EQUITY. 

A Petition of Ebenezer Sumner and Elizabeth Sumner his wife only Legislative 
Daughter of Nicholas Cock late of Boston deced Shewing That the said counctf, xvi!!^ 
Nicholas Cock and Elizabeth his wife Did in November 12. 1712, by so- 
their Deed absolutly Sell and Confirm to John Mountforth of Boston House Jour- 
aforesaid Cooper a Certain Messuage or Tenement with the Appurces ^^^^'PP-' •''• 
in Boston aforesaid, which was to Secure the said John Mountforth 
from the payment of Seventy pounds with Interest, for which he was 
bound with the said Cock to the late Governour Dudley And the said 
Mountforth Gave a Bond or deed of Defeazance to the said Cock for 
the Redemption of said Messuage, that in February 1729 the Pet" with 
their Mother Elizabeth Cock Ignorantly gave a Receipt on the back of 

> Adjourned to September IL See Legislative Records of the Council, xvi., 49. 



■iO 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 83-85.] 



the said Defeazauce for the sum of £400 to Mary Mountforth the Ex- 
ecutrix to the said John Mouutforth and the Seal was thereupon torn off 
altho in fact they did not Receive one penny of money thereon ; Th[e] re- 
fore praying That they may be Impowred by this Court to File a Bill 
for the Equity of Redemption of the said House and Land, at the next 
Court proper to try the same and that the said Bond of Defeazance may 
be Deemed Good and valid as tho the Pef" had given no Receipt thereon 
and the Seal thereof was not torn off or that they may be otherwise Re- 
leived in the premisses. 

Read «fe 

Ordered that the pet" Serve the Adverse party Mary Mountforth with 
• a Copy of this petition that so she may give in her answer thereto on 
the first day of the next Sitting of this Court. ^ \_Passed September 11. 



Legislative 
Records of the 
Council, xvi., 
51. 

House Jour- 
nal, pp. 67, 6S. 
Province 
Laws, xi., 143, 
chap. 23. 



CHAPTER 83. 

ORDER ALLOWING £15 PER ANNUM FOR THREE YEARS TO NOAH 

JOHNSON. 

A Petition of Noah Johnson of Dunstable Shewing that in the fight 
with the Indians at Pigwacket under Cap' Lovell he was so Wounded in 
his hands as to be much Disabled from Labouring for his Livlyhood In 
Consideration of which the General Court were pleased to Grant him 
a pension of Ten pounds a j^ear for Seven Years which is now Expired 
And therefore praying for some further Allowance for the Support of 
himself and Family. 

Read & 

Ordered That the Sum of Fifteen pounds ^ annum be Granted and 
paid out of the Publick Treasury to the Pef Noah Johnson for and 
during the space of three Years to Commence from the first day of 
June last. [^Passed Se2:>tember 11. 



CHAPTEE 84. 



Legislative 
Records of the 
Council, xvi., 
5L 

House Jour- 
nal, p. 72. 
Ante, p. 7, 
chap. 2. 
Infra, chap. 85. 



ORDER SUBSTITUTING EDWARD GODDARD FOR WILLIAM DUDLEY ON 
THE COMMITTEE ON THE CONNECTICUT LINE. 

Ordered that Edward Goddard Esq"" be on the Com"^*" for perambu- 
lating the Boundary line between this Province and the Colony of Con- 
necticutt in the Room of William Dudley Esq' who Desires to be Excused 
from that Service. [^Passed September 12. 



CHAPTER 85. 



Legislative 
Records of the 
Council, xvi., 
51. 

House Jour- 
nal, p. 72. 
Province 
Laws, ii., 695, 
chap. 8. 
Supra, chap. 
84. 



ORDER ALLOWING £200 TO THE COMMITTEE FOR PERAMBULATING THE 
CONNECTICUT LINE. 

Ordered That the sum of Two hundred pounds be Granted and paid 
out of the Publick Treasury to the Com"'" of this Court Appointed to 
perambulate the line with a Committee of Connecticutt between the two 
Governments the Com"'*' to Account for said Sum. \_Passed Septem- 
ber 12. 



1 On the hearing of the reference December 3 this petition was dismissed. 
Records of the Council, xvi., 73. 



■ Legislative 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 41 



CHAPTER 86. 

ORDER CONFIRMING A PLAT OF 100 ACRES OF LAND TO M« CHRIST" 

SERGENT. 

A Plat of One liundred Acres of Land Granted by this Court to Legislative 
M' Christopher Sergent laid out by James lugolls Surveyor and two coun^i^.x^u^ 
Chainmen upon Oath lying in the Township of Methuen & Begining ^'^- Maps and 
at a Red oak niarlv'd by the Pond Comonly Called South Pond thence viii., so. ' 
Runing Westerly Seventy poles to a Stake and Stones in Dracutt line Maps and 
thence Runing in Dracutt line to a great White Oak marked which is P.ia'^S' Mis., 
a Bound in Browns farm thence Runing Easterly & adjoyning to Browns House Jour- 
farm Two hundred and Eight pole to a Great White Oak Marked also provmce^'^^' 
Said Browns bounds thence Southerly and Adiovning to said Browns Laws, xi., 793, 
Farm Seventy Six poles to a Small white oak mark'd by the Province 
land thence North Easterly Seventy poles to a Stake & Stones, thence 
North Westerly and bounding on the Unappropriated Land of the Prov- 
ince, one hundred and Fifty poles to a Red Oak mark'd near the South 
Pond thence by the Pond in Several Turnings about One hundred and 
four poles to the bounds first mentioned. 

Read and 

Ordered That the plat be Accepted, and the Lands therein delineated 
and described be & hereby are confirmed unto the Reverend ^V Christo- 
pher Sargent his heirs and Assigns, provided it exceeds not the quan- 
tity of One hundred Acres of Laud, and does not interfere with any 
former Grant. \_Passed September 13. 



CHAPTER 87. 

ORDER OF NOTICE ON THE PETITION OF WILLIAM W^ARD ESQ & 
OTHERS FOR A TRIAL OF AN ACTION BY A JURY, WITH STAY OF 
EXECUTION. 

A Petition of William Ward Esq"" Joshua Mors and Jonas Houghton Legislative 
Agents for the Proprietors of a Tract of Land between Oxford Brook- councif, x*vu^ 
field Brimfield and the Province Land, Shewing that at the Inf Court 53. 
of Common pleas held at Worcester in August last One Joseph Marsh House Jour- 
of New Sherburn brought his Action Against the said proprietors which '^'"^I'PP-'s.ie. 
the pef' were Chosen to Defend ; but the Court not Allowing their power 
to be Good Judgment went Against them by Default, Praying for an 
Order to the said Court to try the said Action by a Jury at the next 
Term and that Execution may be Staid in the Mean time 

Read & 

Ordered that the Pet" Sei-ve the Adverse party Joseph Marsh with 
a Copy of the petition that so he may shew Cause on the first Thurs- 
day of the next Sitting of the Court why the Prayer thereof should not 
be Granted and that Execution be Staid in the meantime. [^Passed 
September 18. 



42 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 88-90.] 



CHAPTER 88. 



ORDER IMPOWERING THE COMMITTEE ON THE LIGHTHOUSE TO 
EFFECT THE REPAIRS. 



Legislative 
Records of the 
Council, xvi., 
53. 

House Jour, 
nal, p. 73. 
Ante, p. 39, 
chap. 81. 



A Memorial of Robert Ball Keeper of the lighthouse on Beacon 
Island Shewing that the Dwelling house & wharff there are much De- 
cayed and Praying That they may be Repaired and that he may be 
Allowed a Float for the Convenience of laying his Boat off 

Read & in Answer to this Memorial. 

Ordered That the Committee for Effecting the Light house Repairs 
be and hereby are fully Authorized and Impowred as soon as may be, 
and in the most prudent manner they can, to see the Repairs within 
mentioned Effected and also take Care that a Float or Small Boat of 
the Dementions aforesaid be built for the use aforesaid at the Publick 
Charge. [^Passed Sejjtember 13. 



Legislative 
Records of the 
Council, xvi., 
54. 

House Jour- 
nal, p. 75. 



CHAPTER 89. 

VOTE FOR REFERRING PETITIONS &c TO THE NEXT SESSION. 

Voted That all Petitions Matters and things which were Referr'd 
over & had day in this present Sitting of the Court be further Con- 
tinued and have the like day in the next Sitting of the Court. \_Passed 
September 13. 



CHAPTER 90. 



Legislative 
Records of the 
Council, xvi., 
54. Maps and 
Plans, Mis., 
viii., 29. 

Maps and 
Plans, Mis., 
viii., 29. 
House Jour- 
nal, pp. 73, 74. 
Province 
Laws, xi., 771, 
chap. 157. 



ORDER CONFIRMING A PLAT OF 1,000 ACRES OF LAND TO CAMBRIDGE. 

A Plat of One Thousand Acres of Land Granted to the Town of 
Cambridge laid out by Nathan Haywood Survey"" and two Chain men 
upon Oath lying West of Lunenburgh and begining at a heap of Stones 
Erected for the North east Corner in Lunenburgh line about three or 
four Rods South of Noithfield Road and so on said line South 12 deg. 
West One Mile and an half & thirty Seven poles to a Red Oak tree 
Mark'd thence West 12 Deg. North One Mile & Eleven poles to a 
Beach Tree the other two lines being parallel to the former 

Read and 

Ordered that the within plat be Accepted and the Lands therein 
delineated and described be & hereby are confirmed to the town of 
Cambridge for Ever,^ provided the plat exceeds not the quantity of 
one thousand Acres of Land and does not interfere with any former 
Grant. \_Passed Sej^tember 13. 

' The following words here occur in the Legislative Records of the Council, xvi., 54, 
viz.: "the said Towns always performing the Conditions of the said Grant." The order 
as here printed is from Maps and Plans, as usual in such cases. See marginal citation. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 43 



CHAPTER 91. 

ORDER TMPOWERING AMOS AHANTON & OTHER INDIAN PROPRIETORS 
TO EXECUTE A DEED OF CONVEYANCE. 

A Memorial of John Wentworth & William Sherman both of Stough- ^If^^^^f J|the 
ton in the County of Suffolk praying this Court to Revive the vote of council, xvi., 

both Houses pass'cl on their petition and the petition of Amos Ahanton ^i: 

ct other Indians of Puncapaug in February last and that some persons Refords^of the 
may be appointed to Receive their money for the purchase of the Lands Council, xv., 
sold them by the said Indians journ^"^^^ 

Read & ' Y^el^lr^ 

Ordered That the prayer of the petition be Granted, and Accord- 1733) ; p. 73. 
ingly that Amos Ahanton and the other Indian proprietors of Punca- 
paug be and hereby are fully impowred to Execute a Good Deed of Sale 
of the Two hundred and Seventy Acres of Laud mentioned in the Peti- 
tion of FebiT' aforesaid, as is not orchard land, and has not been under 
Special Improvem' of the Indians (containing about ten Acres in the 
Whole) to the said John Wentworth and William Sherman their Heirs 
and Assignes Respectivly ; and that John Quincey Esq"" and M'' Oxen- 
bridge Thatcher, with such as the Hon'''* Board shall Appoint, be Im- 
powred to inspect the Survey and see the Deed is Agreeable thereto 
which they are to Certify thereon ; And that thereupon the said Went- 
worth & Sherman do pay into the hands of John Quincey Esq'' Trustee 
for the Indian Affairs at Puncapaug the sum of One hundred & Eighty 
pounds four shillings, which is Inclusive of One years Interest of One 
hundred & Seventy pounds ; the Memorialists having had the Issue and 
profits of the premisses for the Year past. [^Passed September 13. 



CHAPTER 92. 

ORDER ALLOWING £2,000 TO THE COM^ee FOR REPAIRS AT CASTLE 

WILLIAM. 

A Memorial of the Hon"* Spencer Phips Esq"" and the Rest of the Legislative 
Com*** Appointed to Effect the Repairs of Castle William proposing councif, xvi*!*^ 

Sundry New Repairs as Necessary to be made and Setting forth that 55^ 

the money already Granted for the Work is not Sufficient for Com- House Jour- 
pleating the same and therefore moving for a further Supply for that Province 
Service ^'^^\^\-' '®°' 

Read& '^'^'P-^''- 

Ordered That the sum of Two Thousand pounds be Granted and 
paid out of the Publick Treasury to the Memorialists to be by them 
used and Employed in compleatl}' finishing the Repairs of the Old 
Work at his Majestys Castle William and Effecting the Battery at 
the East head Ordered by this Court at their Sitting in January last. 
\^Passed September 14. 



44 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 93-95.] 



CHAPTEE 93. 



Legislative 
Records of tiie 
Council, xvi., 
55. 

House Jour- 
nal, p. 77. 
Province 
Laws, xi., 684, 
chap. 82. 



ORDER SUBSTITUTING CAP^ WM PYNCHON JUN" FOR WM BRATTLE 
ON THE COMMITTEE FOR RUNNING THE CONNECTICUT LINE. 

Ordered That Cap' William Pynchon juu"" be on the Com'*''' for peram- 
bulating the Line between this Province and th« Colony of Connectieutt 
in the Room of William Brattle Esq"^ who desires to be Excused from 
that Service. \_Passed September 14.^ 



CHAPTEE 94. 



ORDER IMPOWERING THE OXFORD ASSESSORS TO LEVY AND COLLECT 
A TAX OF ONE HALF PENNY PER ACRE ON LAND. 



Legislative 
Records of the 
Council, xvi., 
59. 

House Jour- 
nal, p. 80. 



A Petition of Isaac Learned in behalf of the Town of Oxford Set- 
ting forth the Difflcultys they are put to in Raising the Support of their 
Minister Since the Setting off the Town of Dudley from them ; And 
pra3nng that they may be Impowred to Assess the Unimproved Lands 
at One half penny ^ Acre ,jp annum for five Years for the Support of 
their minister and that a Farm belonging to William Dudley Esq'^ Called 
Manchaug Farm may be Added to the Town to do Duty & Receive priv- 
iledge as other lands do in the said Town of Oxford. 

Read & 

Ordered that the prayer of the petition be Granted ; And the Farm 
belonging to the Hon'''*" William Dudley Esq'' Called Manchaug Farm 
is hereby ordered to be Annexed to the said Town of Oxford, the 
Inhabitants whereof to do duty and Receive priviledge there ; And that 
the Unimproved lands lying in said Town, inclusive of said Farm, be 
and hereby are Subjected to a Tax of one half penny ^ Acre ^ annum 
for five Years next coming and the Assessor or assessors of said Town 
are allowed and Impowred to levy and Assess the said Tax And the 
Collector or Collectors also for the time being there during the said 
Term are impowred and Required to Collect and pay in the same, 
Agreeable to the precept of the Warrants which shall be Committed 
to him or them with the Assessments. \_Passed November 22. 



CHAPTEE 95. 



ORDER APPOINTING A COMMITTEE TO VIEW LANDS IN MALDEN AND 

READING. 



Legislative 
Records of the 
Council, xvi., 
59. 

House Jour- 
nal, pp. 84, 85. 
Ante, p. 24, 
chap. 44. 



On the petition of John Green & others \_ante., p. 24, chap. 44] 
In Council Read together with the answers of the Towns of Reading 
and Maiden & 

Ordered that Ebeuezer Burrill and Francis Foxcroft Esq" with such 
as the Hon''^'' House of Represent" shall appoint be a Committee (the 
Charge of the Com"'^ to be born as this Court shall order) to Repair 
to the Lands Respectivly petitioned for to be Annexed to Stoneham 
as well as the other parts of the said Towns of Maiden and Reading, 

1 Adjourned to November 20. See Legislative Records of the Council, xvi., 55. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 45 

view the Circumstances & Situation tliereof, and hear the partys to 
this petition and make Report as soon as may be what may be proper 
for this Court to do thereon In the House of Represent^ Read & 

Concurr'd and Robert Hale Daniel Epes and Benjamin Prescot Esq" 
are Joined to the Committee. [^Passed November 22. 



CHAPTEK 96. 

ORDER ACCEPTING THE REPORT ON ALDEN BASSES PETITION IN 
REGARD TO A LOST WILL. 

EzEKiEL Lewis Esq^ from the Committee of both Houses on the Legislative 
petition of Alden Bass [ante, p. 795, chap. 222] Report viz' colmc'if, x vL,^ 

The Committee Appointed to Consider the Petition of Alden Bass, eo^ 

pursuant to the Order of June last, met Several times on that affair, Legislative 
Sent_Several times for the Widow and Children of the within named counc'if, xv^^ 
deced Joseph Bass, as also for two of those persons (namely Price 34. House 
Edes & Georoe Ray) Who the Committee was Informed were Wit- sL^'provmce ' 
nesses to the Will within Referi-'d to, (Miles Flood & the other Wit- clfap!'2i7:' '^^' 
ness being out of Town) And the Committee Examined the Widow 
and Children Seperatly who all of them Acknowledged that before 
the Funeral of the said Deced they heard an Instrument Read at his 
Dwelling house which they Apprehended to be his Last Will and Tes- 
tament, and Sundry of them heard it Read Again at the House of the 
Eldest son Joseph, who said he had it in keeping for a Considerable 
time ; and they all agreed that the Substance of the Devises were truly 
Set forth in the petition, and Several of them Declared that the said 
Instrument was of the said Deceaseds own hand Writing ; the said 
Price Edes & John Ray Declared that on or about the twenty Second 
of September last they (together with Miles Flood) Set their names 
as Witnesses to an Instrument which the said Deced Executed before 
them, but that they knew Nothing of the Contents of it : Inasmuch 
therefore as from the Several Acknowledgments and Declarations of 
the partys be fore mentioned it Appears very Evidently that the before 
named deced left a last will and Testam' in writing, the Substance 
whereof is Set forth in the said petition, and that some Clandestine 
Methods have been made use of to Secrete aud_Destroy the same, 
thereby to P^rustrate & defeat the Intent of the deced, as to the dis- 
position of his Estate, after his death ; which ought Sacredly to have 
been observed ; The Committee are of Opinion, in Order to Discourage 
Such Detestable practises for the future that the Several Devices and 
Legacys Contained in the said p etitio n be Deemed and taken as the 
Last will and Testament of the deced, and that the Judge of Probate 
of Wills &c within the County of Suffolk be Impowred and Directed 
to Approve and allow of the same Accordingly, & Commit the Admcou» 
thereof in all matters the same Concerning, to his two sons Joseph & 
Alden Executors therein named, if they see Cause to Accept of the 
same ; or upon Either of their Refusal, to him that will Accept thereof ; 
but upon both their Refusal, to such person or persons as the Judge of 
Probate shall think fit, taking Bond of such person or persons with 
Sufficient Suretys to Exhibit an Inventory of the Estate therein men- 
tioned, within three Months from such his Allowance and for their 
faithfull Admincon : And the said will so Approved and Allowed 
pass the Several Legacys and Devices therein contained to the Re- 
spective Devisees & Legatarys therein named as Effectually to all 



46 Peovince LAWs(i?esoZves, ete.)- — 1734-35. [Chaps. 97, 98.] 

intents & purposes as if the original Will had not been destroyed 
but duly Approved and allowed All which is humbly Submitted in 
the name & by order of the Committee 



EzEKiEL Lewis 



Kead & Accepted. \^Passed November 22. 



CHAPTER 97. 

ORDER CONFIRMING A PLAT OF 1,000 ACRES OF LAND TO LEXINGTON. 

Legislative A Plat of One Thousand Acres of Land Granted by the General 

Council^, xviV Court in May last to the Town of Lexington laid out by Ebenezer 

?i: Prescott & tw^o Chain men Upon Oath at a place Called Stogers, west 

Maps and ^f Little Watatuck being Six perch South 12 deg. West from the 

viii.,2'8. House Westside thereof at a heap of Stones West of Lunenburg Corner, 

"Ant^v'^if^' Thence Ruuing North West 29 Deg. North three hundred and twenty 

chap! 61. ' perch to a Hemlock and heap of Stones Marked L about Sixteen perch 

from Souhegan, then Runing South West 29 Deg West five hundred 

perch to a Hemlock & Stones ; then Runing South East 29 deg. P2ast 

three hundred & twenty perch to a Rock & Stones laid thereon, then 

Runing North East 29Vo Deg. East One hundred & Seventy Acres to 

the line of Cambridge thousand acres ; then Runing north ten perch 

on the said line to the Corner of Cambridge Land ; and then Runing 

by Cambridge line forty perch; then North East 29 Deg East to the 

bounds first mentioned. 

Read & 

Ordered that the plat be Accepted and the Lands delineated & de- 
scribed be and hereby are confirmed to the Town of Lexington forever 
the Lands to be Subject Nevertheless to the Conditions Expressed in 
the Original Grant provided it Exceeds not the quantity of One Thou- 
sand Acres and does not Interfere with any foi-mer Grant. \_Passed 
November 22. 



CHAPTER 98. 

VOTE ABOUT THE DISPO^ OF THE MONEY FROM THE SALE OF LOTTS 
IN THE NEW TOWNS AT ASHULOT AND PEQUOID. 

Legislative An Accompt of the Committee for laying out and Granting Lotts 

Councff, xvi.'!® to the Intended Settlers of the three Newtowns Westward Adjusted 

^^ and Settled by the Governour and Council 

House Jour- Whereas by the Accompt of the Committee Of the three Tow^ns to 

^nie^p. 24, the wcstward, there Remains three hundred & Sixty Eight pounds nine 
chap. 42. shillings & Eightpence in their hands to be Disposed of as this Court 

shall order ; 

Voted That when and as soon as the said Com'^'^ or any three of them, 
on view or Otherwise shall be Certified that forty familys are Settled 
in Each or Either of the said Towns and they have Raised the Frame 
of a Meeting house that the Sum of One hundred pounds be paid to 
such Town or their order and that in the meantime the Hon''''' William 
Dudley Esq' (Chair man of the Committee) be Desired and Impowred 
to Improve the Money by letting it out to Interest for the use of the 
said Towns Rendring an Acco' thereof when he shall pay the said Three 
hundred pounds, or any part thereof to Either of the said Towns that 
shall have forty familys and shall hav§ Raised a frame of a Meeting 



[1st Sess.] Province Laws {Besolves, etc.). — 1734-35. 47 

house as aforesaid ; The Remainiug Sixty Eight pounds Nineteen shil- 
lings & Eight pence with the Interest money that shall be Received 
further to be Accompted for. [Passed November 22. 



CHAPTEK 99. 

ORDER OF NOTICE IMPOWERING SUSANNA PELL & OTHERS TO MAKE 
ANSWER TO A PETITION. 

A Petition of Susanna Pell Nathanael Warner and Hannah his wife Legislative 
Children of John Mountforth deceased, praying that they may be Ad- coum;1f xvi!^^ 
mitted to give in their Answer to a Petition of Ebenezer Sumner and ci- 



Elizabeth his wife to this Court; wherein they Pray (as heirs at Law House Jour- 
to Nicholas Cock deceased) for Liberty to file their Bill for their Equity ^li^'^% 
of Redemption of a Messuage or Tenement in the Town of Boston con- chap. 82. 
veyed by the said Nicholas Cock to the said John Mountforth. 

Read & 

Ordered that the prayer of the petition be Granted and that the peti- 
tioners Give in their Answer to the petition of Ebenezer and Elizabeth 
Sumner upon Tuesday the Twenty Sixth Instant and that they Notify 
the said Ebenezer Sumner & Mary Mountforth hereof. [^Passed No- 
vember 22. 



CHAPTEE 100. 

VOTE IMPOWERING SAMUEL HUNT AND OTHERS TO LAY OUT A 

TOWNSHIP. 

Ebenezer Burrill Esq" from the Committee on the petition of Sam- Legislative 
uel Hunt jun'' and others [ante, p. 14, chap. 17] gave in the following oouncif xvi**'^ 
Report viz' 62. 

The Report of the Committee Appointed by the General Court .June House Jour- 
7. 1734 to Repair to the Northerly and north Easterly part of the Town §6^' 'Province 
of Billerica petitioned for to be a Township and view the same and hear Laws, n.,739, 
the partys and make Report at their present Sitting what they Judge ^;f/e,'p.'i4, 
proper to be done thereon. Having Repaired to the Lands petitioned '^k'*^'.]!' ^■^^' 
for to be a Township and Carefully viewed the same and heard the 
partys are humbly of Opinion that the Northerly and north Easterly 
part of the Town of Billerica be sett off a Seperate & distinct Town- 
ship taking in two thirds of the Land from Andover line to Billerica 
Meeting house by a Parrellel line with Andover line Extending from 
Concord River to Wilmington line and that the Inhabitants of the said 
Town be vested with all the powers and Immunitys that other Towns in 
this Province do or ought to Enjoy Provided that the said Inhabitants 
pay their Respective proportions to all Province Taxes that are Already 
Levied or assessed upon the Town of Billerica hitherto Arisen within 
the said Town ^ 

Read & 

Ordered that this Report be Accepted and that the petitioners have 
leave to bring in a Bill Accordingly, The Charge of the Committee to 
be born by the petitioners. [Passed November 22. 

, ' The town was called "Tewksbury." 



48 



Province Laws (^Resolves, etc.). — 1734-35. [Chap. 101.] 



CHAPTER 101. 



Legislative 
Records of the 
Council, xvi., 
63. Mass. 
Archives, iv., 3. 

House Jour- 
nal, p. 85. 
Province 
Ijavvs, xi., 684, 
chap. 82. 
Ante, p. iO, 
chap. 84; p. 44, 
chap. 93. 



VOTE ACCEPTING THE REPORT OF THE COMMITTEE FOR RUNNING 
THE CONNECTICUT LINE. 

We the subscribers namely Ebenezer Burrell & John Wainwright 
Esq"^' & Cap' William pynchon Jiui"" (with Edw'^ Goddard & John Chan- 
dler Jun'' Esq''' (^"J three of whom to be a Quorum. ) ^ being a Committee 
appointed on the part of the province of the Massachusetts Bay. And 
Roger AV^olcot Esq' Mess"^' Jonathan Burnham & Roger Newberry (with 
M"' James Leavins, (any three of whom to be a Quorum. ) ^ a Committee 
ou the part of the Colony of Connecticut to perambulate the line between 
the two Governments abovesaid «fe reuew the boundarys thereof as far 
as the Colony of Connecticut extends ; as the same was heretofore Set- 
tled & confirmed being run by Commissioners of each Government thereto 
appointed, report as foUow^s viz' 

We met at the town of somers (lately the East precinct of Enfield) 
on the 16 day of October last; & on the l?"" day of said Month we 
proceeded to the Monument on the late East bounds of Enfield (now 
Somers Eastbounds) at the foot of the westerly mountain Eastward 
in the line brought up from Wrentham ; the place where the Committee 
for the service above mentioned ended their Work in May last ; from 
thence we run by a line of Trees and Heaps of stones formerly marked 
and made to the s° East Corner of somers ; which is an heap of stones 
on the P^ast Side of the high Mountain, the Course whereof by Our 
Compass we found nearest South fourteen degrees thirty Minutes 
West from thence we run by a line of Marked Trees & Monuments 
to Connecticut River distant from which twenty Six rods Eastward 
we raised a Monument of stones on the North Side of, and distant 
about two feet from, a small black Oak Tree, which we marked ; the 
Monument on the Rivers Bank being washed away as we suppose ; 
We found this Course by the Compass nearest W. 1 gr : N. in this 
line are the following Monuments Viz' 

On the Westerly Side of the Mountain a large heap of stones round 
a white Oak Tree formerly marked which we renewed w^hich is the ^!^E* 
Corner of Windsor Antient bounds Another Monument is an heap of 
stones which we laid at the root of a pitch pine tree fallen down but 
Antiently marked, not far East of soiuers S" W Corner, and W. of a 
little popleswamp, the line continued runs through James Simonds's 
dwelling house about the Middle of it Another Monument is a white 
Oak Tree formerly marked, which we new marked, Standing on a point 
of high Land W of scantick River, near a path, & Northward of im- 
proved Land Another Monument is a White Oak about two rods south- 
ward of saltonstalls brook on the W. Side the Country road old marked, 
which we new marked ; there are also sundry other marked Trees in 
this Line 

On the twenty Second we begun on the W Side of Connecticut River 
at the S" E' Corner of suffield at a large White Oak Tree formerly marked, 
which we new marked with the following Letters viz' On the N° Side 
thereof E B. E G. i W. i C. W P. 1 734. W. C and above M B. On the 
s° Side thereof. R W I B. R N. and Above C. C. The Tree Stands on 
the W. Side of the bank of the River two or three rods from the same, 
& about half a Mile below the Island Near the foot of the Falls in Said 
River, And it bears"N*"35 gr. & 30." W. from the Mouth of a brook known 
by the Name of saltonstalls brook which empties it Self into Connect- 
icut River on the E'. Side thereof, and we laid an heap of stones about 

' Sic, as to marks of parenthesis. 



[1st Sess.] Province Laws {Hesolves, etc.). — 1734-35. 49 

Said Tree from thence we run on a Streight line to another heap of 
stones in a swamp about a small dog Wood (or Witch Hazel) Tree, for 
the Corner bounds between Windser and suttield ; fourteen feet or up- 
ward Northward of a button Wood Tree ; which Course we found to be W. 
15 gr :iJ^ wherein we found sundry ditches, Monuments of stones, and 
marked Trees from thence we proceeded on a Streight line to an heap 
of stones at the tf*" E' Corner of the town of symsbury, in which heap 
we found one great Stone raised on End, and marked with JVP. on the 
^^Side ; and the remains of the Letter C on the S" Side thereof ; which 
line we found to run N" 19 gr. 10'' E' whereon we erected the follow- 
ing Monuments Viz' from the said Dog Wood (or Witch Hazell) Tree at 
Eighty perch distance, an heap of stones about half a rod W. of a white 
Oak Tree at the End of Eighty perch more a Stake and Stones about 
two feet West of a crooked Small white Oak Tree at the End of Eighty 
perch more a Stake and heap of stones on the bank on the "N*" Side of 
a pond of the Iron Works flighty perch more a stake & heap of stones 
one rod and an half distant from the N" AV Corner of .Jonathan smith's 
dwelling house at Eighty perch more an heap of stones in a low brushy 
place at Eighty perch more a stake & heap of Stones forty four rods 
southerly of said'N^'E' Corner of symsbury, being at the great Stone 
aforesaid from thence we run a Streight line to a large heap of stones in 
the N" bounds of symsbury on the Top of the Mountains or Turkey Hills 
about One I'od Eastward of a white pine Tree marked, standing on the 
Edge or Ledge of the Mountain Westward, which we new marked ; which 
line we found to be W. 26 gr : t^ from thence we continued the Said line 
the Same Course by a line of old marked Trees to the Southerly End 
of Mount Gomery or Nanatuck where we erected an heap of Stones : 
•N*"& by E' twenty Seaven rods from an heap of stones near the foot of 
the Mountain, wliich (as we suppose) is the heap of stones formerly 
raised by the Commissioners for the W' or S" Westerly Corner of suf- 
field from whence we run over said Mountain on a Streight line'N*"& 
by E' by old marked Trees and a Monument of Stones to the south 
bounds of Westfield where we Set up a Stake & an heap of stones in 
a Meadow Southward of a brook near Westfield line from said Stake 
and heap of stones we run by a line of old marked Trees and other 
Monuments to the S'^ W' Corner of Westfield, being an heap of Stones 
round a white Oak Tree on the East Side of a small run of Water, and 
on the West Side of a little plain, which Tree we found marked with 
many Letters, from thence we run nearest a linett*' 14 gr : 40'' East 
by old marked Trees, and other Monuments to an heap of Stones in 
the true Streight Colony Line on the Easterly Side of a little Swamp, 
and about One rod Northerly of a Small white Oak Tree formerly 
marked which we new Lettered : And upon a diligent Search & Care- 
full Inquiry we could not find any monument which had So near a 
resemblance to the heap of stones described for the West bounds of 
Westfield in the report of the Commissioners that riiu the line in June 
1714, as this heap of stones; the white Oak Tree mentioned in said 
Report whereon the first Letters of the Commissioners names, as well 
as the Letters m. and C. C are said to be marked not being to be 
found and from the heap of stones Northerly of said Small white 
Oak Ti'ee we continued the Colony Line AYestward to the Monument 
on the Mountain West of Westfield bounds, mentioned in the report 
of the Commissioners that run the line septemb' 1717 from thence 
we coutinued the perambulation & renewed the boundaries of the Line 
to Houssatonnuck River Viz' from the last mentioned Monument three 
hundred & Sixty perch to a white Oak Tree old marked, with an heap of 
stones about it, which we new Marked thus, On the "N*" Side W P and 
on the "S* Side RN. with the Surveyors mark 



50 Province Laws (i?eso/fves,e^c.). — 1734-35. [Chap. 101.] 

On the West side of the East Branch of Farmingtown River renewed 
the Monument I'ound the white Elm old marked and made new marks 
thereon Viz' On the i^ Side, lettered E B. On the "S*" Side R. W ; and 
Sundry other Letters marked on said Tree 

Also we new marked the large hemblock Tree in the Commissioners 
report mentioned, Standing on the W bank of the Second Branch of 
Farmingtown River thus, On the t^ Side M. P i W. On the S° Side C, 
and on the E Side -O- 

We also new marked another large hemblock Tree in the said Report 
called Thaxter Tree Standing on the W' Side of a large Miry Swamp 
about three rods South of a little run of Water which empties it Self 
into it 

We renewed the Monument of the heap of Stones mentioned in the 
said Report Standing on the West bank of the third branch of Farm- 
ingtown River between two Hemblocks old marked, and new marked 
them 

We renewed the heap of Stones on the West bank of the Main 
branch of Farmingtown River near an old marked dry Hemblock, 
which we new marked, and made a New Monument of an heap of 
Stones round a Maple about two rods W. from the River, and Marked 
the Maple Tree We renewed the Monument of stones mentioned in said 
report Standing about eighty rods. S° W' from Charles pond on the East 
Side of a little brook emptying it Self into the pond, and eight rods and 
an half by the Chain Eastward of a large old marked Maple Tree, which 
we new marked, & also marked several other Trees round said Monu- 
ment 

We renewed the Monument of Stones on the West Side of AUyn 
River Mentioned in Said Report, which is an heap of Stones round an 
old marked Elm Tree, which we new marked 

We renewed the Monument of an heap of flat Stones on a large rock 
near a beach Tree old marked which we new marked Standing on the 
W' Side of a Small River running Northward about twenty rods South- 
ward of a lai'ge Fall in another River that unites with it 

XX A We New marked the three fanged white pine Tree mentioned 
in the report standing on the West Side of Burnham River 

We new marked the white Oak in the report on the West Side of 
Whiting River 

We also new marked the Chess Nut Tree mentioned in the Report 
on the East Side of Houssatonnuck River, & Set up a New^ Stake on 
the East Bank of the River ; about one rod East of the said Stake is 
an Elm marked with an heap of Stones about it 

On the Second day of November we continued the Course of the 
Line Westward from the Monument on the West bank of Houssaton- 
nuck River, which is a Stake and heap of Stones which we renew^ed 
by a line of old marked Trees until we came to the Stream of Water 
mentioned in the Commissioners Report running across Mount Esckoll,^ 
which we called Talcot River and found the Same to be five Miles from 
Houssatonnick River ; in which Line are sundry old marked Trees Viz' 

at one Mile and Seventy rods distant from the River, a white wood 
Tree which we renewed ; thence 142 rods to a Walnut Tree antiently 
marked, which we renewed, it Stands about Six rods Southward from 
Iron Oar path; thence One Mile and 128 rods to a large white Oak 
Tree old marked which we renewed from Talcot River we continued 
the Line over Mount Belcher which is the highest of the Tauckaunet 
Mountains the line passes over ; and on the East Side of the Moun- 
tain near the Top we erected a monument of Stone which is Seven 
Miles and forty rods distant from Houssatonnick River ; In this line 

1 This word is underlined in Mass. Archives, iv., 3. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 51 

on the first Hill Eastward of Mount Belcher we made a Monument 
of Stones, round a Small pine and marked the pine, and also made 
sundry other marks and Monuments in the line thence we continued 
the Course of the line until we came to the E. Side of the Oblong ; 
being about Eighty rods Westward of the last mentioned Monument, 
and fifty rods Northward of a large Monument of stones about a Stake 
in the valley Westward of Mount Belcfier formerly made for the East 
bounds of the Oblong and the West bounds of the Colony of Connect- 
icut. The Darkness of the Night comieng on we could not make a mon- 
ument at the Intersection of the Lines November 5. The Committee 
on the part of the Massachusetts JNIoved the Committee of Connect- 
icut further to continue the perambulation, To. whicii the Committee 
on the part of Connecticut Answered that by a late agreement between 
the Colony of Connecticut and the Colony of New York, Connecticut 
had consented that the Colony of New York should extend twenty 
Miles with the allowance of twelve rods addition to a Mile East from 
Hudson's River against the Northwest Corner of Connecticut, and that 
there should be taken out of the Colony of Connecticut, and added to 
the Colony of New York one jMile & three quarters and twenty rods 
as an Equivalent for Lands near the Sea and accordingly the bounds 
between the two Colonys were fixed by Monuments ; And so far they 
had already perambulated with the Massachusetts, And thereupon de- 
clined going any further 

N. B. on the third page back \_ante, p. 50] omitted xlc. We new 
marked the Bass Wood Tree in said Report on the W Side of Porter 
River and renewed the heap of stones about it, and new marked a maple 
Tree about a rod W. from it 

Eben^ Burrill Roger Wolcott 

John Wainwright Jonath'^ Burnhaji 

W* Pynchon Jun'' Roger Newberry 

Read & Accepted. \_Passed November 23.^ 



CHAPTER 102. 

ORDER ACCEPTING THE COMMITTEES REPORT ABOUT DUNSTABLE 

LINE. 

The Com'^^"' Appointed the 28*'' of June last to Renew the line of Legislative 
Old Dunstable, where the same Joins to the Unappropriated Lands of council, xvi., 

the Province, have attended that Service & Report thereon as follows ^ . 

viz' We began at the Stump of a pine tree the Reported bounds of House Jour- 
Dunstable Dracutt & Methuen, which had been formerly marked with Ante,'^.k>, 
the Letter F the Tree fallen down which Stood in Sight of Bever ciiap.70. 
Brook ; from thence we Ran a Course two Degrees Westward of the 
NorthWest to Merrimack River The Bounds from the Stump we Re- 
newed by heaving Stones about it from thence we new Marked a 
pine from thence to an Old Marked Pine so Renewed the Marks on 
the aforesaid Course Severall Trees being Antiently marked with the 
Letter F to Merrimack River which we Renewed and Marked with D 
on the Westerly Side & M. on the Easterly: On the West side of 
Merrimack River We begun at a place Called Dram cup hill on the 
North west Corner of Charlestown School Farm at Souheag River and 
Ran from thence a South point by the Needle finding many old IMarks 
and Renewing the same & w[h]ere the old Marks were down made new 

1 This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is November 25. 



52 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 103, 104.] 



Ones and we lettered many of them with D M, coming by the West- 
erly end of Muscatanapus pond and so Continued the same Course till 
it intersected the Northerly line of Townshend which is Submitted By 
Your Excellencys & Honours most Obed' Servants 

Sam^ Thaxter 
Jn° Wainwright 
Charles Church 
Kead & Accepted. \_Passed November 26. 



Legislative 
Records of the 
Council, xvi., 
64^ 

House Jour- 
nal, p. 86. 
Province 
Laws, xi., 745, 
chap. 83. 



CHAPTEE 103. 

ORDR GRANTING FURTHER TIME FOR LAYING OUT BENJ^ STARS LAND. 

Ordered that twelve Months time more be Allowed to Benjamin Star 
of New London and the other Decendants & heirs of the Widow of D' 
Thomas Star late of Charlestown deced to take & Return a plat of four 
hundred Acres of Land Agreeable to the vote of this Court of the 13'^^ 
of October 1733 the Survey"" on whom they Depended to take the plat 
before being otherwise Detained Since in the publick Service. \_Passed 
November 27. 



CHAPTER 104. 



ORDER OF NOTICE ON HENRY WHITTENS PETITION FOR TRIAL OF AN 

ACTION. 



Legislative 
Records of the 
Council, xvi., 
64. 

House Jour- 
nal, pp. 88, 89. 
Province 
Laws, xi., 754, 
chap. 114; 774, 
chap. 163. 



A Petition of Henry Whitten of Boston Cooper Shewing that at 
the Inf" Court for the County of Suffolk held in July 1733 he brought 
his Action Against William Daniels of Biddeford for £33. 11. 3 & Judg- 
ment was for the def from which the pef Appealed to the Superiour 
Court held in August following and filed his Reasons of Appeal but 
they could not be found when the Court sat And therefore the said 
Daniels Attorney (William Bollan) filed his Complaint and thereupon 
Obtained a Confirmation of the former Judgment That upon the Pet" 
first petition to the General Court in this Case they ordered that the 
said Daniels or his Attorney should be Served with a Copy and upon 
his Second Petition that the said Daniels only should be served with 
a Copy ; which orders the pef hath Complied with, but could obtain 
no Answer And therefore praying that he may be Enabled by an order 
of this Court to sue for his Debt the former Judgment Notwithstanding. 

Read & 

O/'dered That the pet" first petition (preferred to this Court in Octo- 
ber 1733) be Revived and the Consideration thereof Referr'd to the 
first Thursday of the next Sitting of this Court, and that the pef in 
the meantime Serve the within named William Daniel with a Copy 
thereof that he may then shew Cause if any he have why the prayer 
thereof should not be Granted. \_Passed November 27. 

> Quare, 19tli ? See Province Laws, xi., 745, chap. 83, and the House Journal, p. 86. 



[1st Sess.] Province Laws (i?esoZyes, ete.). — 1734-35. 53 



CHAPTER 105. 

ORDER IMPOWERING JOS. SEVERANCE TO SURVEY AND LAY OUT 200 

ACRES OF LAND. 

A Petition of Joseph Sevei'ance of Deerfield Shewing that about Legislative 
twenty one Years agoe he was wounded by the Indian Enemy, being Councif.xvi.,^ 

a Soldier in the Service of the Province, and has been a Cripple ever I^^^ 

Since, and like to be So till his death House Jour- 

And for as much as the Pef has never had any thing from this Gov- °' ' ^^^' ' 
ernment for his Support, Therefore praying for some Allowance from 
this Court in consideration of his Wounds & his Disability thereby 

Read & in Answer to this petition 

Ordered That the petitioner have leave by a Survey"' and Chain men 
upon Oath to Survey and lay out two hundred Acres of the Unappro- 
priated Lands of the Province in the County of Hampshire and Return 
a plat thereof to this Court within twelve Months for Confirmation to 
the Pef his heirs and Assignes in consideration of the Smart and mis- 
fortune he has Under gone by Reason of the wound within mentioned. 
\_Passed November 27. 



CHAPTER 106. 

VOTE FOR RUNING THE LINE OF THE TOWNS BORDERING ON CON"^. 

Voted that the Committee of this Court lately Appointed to peram- Legislative 
bulate the line with the Colony of Connecticutt be desired to nroiect Records of the 

1 T>'I1 • • o T-» • • 1 1 rn . , . -r^ "^ council, XVI., 

and prepare a Bui impowring & Requiring the Towns m this Province 65. 
lying on the said line of Jurisdiction lately agreed on by the two Gov- House Jour- 
ernments to perambulate the said line for themselves with the Towns ^n'tl' ^\g 
lying on the other side of the said line in the Colony of Connecticutt chap! loi. ' 
to take place in Case the Colony of Connecticutt will make an Act of 
the like Nature to impower and Oblige the Towns lying in their Gov- 
ernment on the said line to Perambulate with the said Towns in this 
province the Committee to Report as soon as may be. [Passed Novem- 
ber 27. 



CHAPTER 107. 

ORDER APPOINTING A COM'^^e qn THE AFFAIR OF THE BILLS OF 
CREDIT AND PRIVATE NOTES. 

Ix THE House of Represent'^ In Answer to that part of his Excel- Legislative 
lencys Speech of the 22^1 Currant which Relates to the Bills of this oounciUxvilr 
province as well as of the Neighbouring Colouys & the private Notes ^h ' 

Ordered That John Stoddard Elisha Cooke John Chandler Benjamin Legislative 
Prescott and Job Almy Esq-"^ with such as shall be Joined by the Hou'"^ coumllt xvl,^ 
Board be a Committee to take the same Under Consideration and Report journal"^) 90 
their opinion as soon as may be what may be proper for this Court to 
do thereon 

In Council Read & Concurr'd & Thomas Hutchinson Thomas Fitch 
Edmund Quincey and Isaac Lothrop Esq" are Joined in the affair. 
[Passed November 27. 



54: 



Province Laws (Besolves, etc.). — 1734-35. [Chaps. 108, 109.] 



CHAPTEE 108. 



ORDER IMPOWERING THE LUNENBURG ASSESSORS TO LEVY AND COL- 
LECT A TAX OF ONE PENNY PER ACRE ON LAND. 



Legislative 
Records of the 
Council, xvi., 
65. 

House Jour- 
nal, p. 87. 



A Petition of Josiali Willard Esq' in behalf of the Town of Lunen- 
burg Shewing that they have lately been at Great Charge in building 
and finishing their Meeting house Settling their Minister & other things 
Necessary and that there are great quantitys of unimproved Lands which 
Rise in their value by Reason of those things which Occasion the said 
Expences And therefore Praying that they may be impowred to tax the 
said Unimproved Lands at one penny p acre ^ annum for the Space 
of three Years for the better Enabling the Inhabitants to bear the 
Charges of the said Town 

Read and 

Ordered That the prayer of the petition be Granted and the assessors 
of the said Town of Lunenburg for the time being for three Years next 
coming be and hereby are fully Authorized and impowred to levy and 
assess a Tax of one penny ^ acre ^ annum on all the Unimproved Lands 
in the said Town and the Collector or Collectors there are also Respec- 
tivly impowred and Required to Collect and pay in the said Sum of the 
said Tax according to the precept of the Warrant to them committed 
for Collecting the same and paying it for Defreying the Charges arising 
"within the said Town as within mentioned & the Said lands are Accord- 
ingly Subjected to the said Tax. [_Passed November 27. 



CHAPTER 109. 



ORDER ACCEPTING THE COMMITTEE'S REPORT ABOUT THE BILLS OF 

CREDIT & LOANS. 



Legislative 
Records of the 
Council, xvi., 
66. 

House Jour- 
nal, pp. 64, 90. 
Ante, p. 53, 
chap. 107. 



The Committee Appointed by this Court to take into consideration 
that part of his Excellencys Speech Referring to the Bills of Credit 
and the Publick Loans of this Province, Report as their Opinion, that 
the sum of Sixty Thousand pounds in Bills of Credit of this province 
of a New Form be made and P^mitted as soon as may be, and that an 
Act be passed Accordingly, Agreeable to the Bill herewith presented 
And they further Report as their Opinion that a Committee of this 
Court be forthwith Appointed for Auditing and Settling the Accompts 
of the Several Loans, and that the Trustees & Commissioners for the 
said Loans be Ordered to Transmit to the Chair man of the said Com- 
mittee all the Accompts that are Wanting of the said Loans which the 
said Trustees and Commissioners are by Law Obliged to Render to this 
Court on or before the first of March next 

In the name and by Order of the Committee 

Tho^ Hutchinson 

In the House of Represent" Read & 

Ordered that the Report be so far Accepted as it Relates to the 
Auditing and Settling the Accompts of the Several Loans & obliging 
the Trustees and Commissioners for the said Loans to transmit their 
Acco'^ Accordingly And that M'' Speaker M"^ Cushing Samuel Welles 
Esq'' & John Wainwright Esq"^ with such as the Hon''^'' Board shall join 
be a Com''^'' to Audit and Settle the said Accompts And the Trustees 
and Commissioners for the said Loans are hereby Strictly Required to 
Transmit such of their Accompts as are wanting to the Chair man of 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. ^B 

the Committee on or before the first day of march next the Coni""^ to 
make Report of their doings thereon as soon as may be 

In Council Read & Concurr'd & Ezekiel Lewis John Jeffrys &, Anthony 
Stoddard Esq" are joined in the Affair. [Passed November 27. 



CHAPTER 110. 

ORDER FOR THE APPOINTMENT OF COMMISSIONERS TO SETTLE THE 
LINE BETWEEN MASSACHUSETTS AND NEW YORK. 

Whereas the Boundary between this Province and the Colony of glfords^of^the 
New York has never been Run by persons appoint'd by the Respec- Council, xvi., 

tive Governments and a longer delay may probably occasion many ^li , 

Inconveniencys for preventing thereof nai"p^ 91*"'^ 

Ordered that be Appointed Commissioners Post, p. 59, 

on behalf of this Government to meet Commissioners from the Gov- ^ ^^^'^ '' 
erument of New York & with them to Agree upon and finally to settle 
the said Boundary or dividing Line or Lines between this Government 
and the Government of New York and said line or lines to Run & 
therein to make proper Monuments And their Conclusions Agreements 
& doings Signed Sealed & perfected by the Greater Number of the 
Commissioners Appointed by the Government of New York shall be 
forever Deemed and held good & Valid by this Government, Provided 
the like power be given by the Government of New York to their Com- 
missioners.^ [Passed November 27. 



CHAPTER 111. 

ORDER IMPOWERING SAMUEL HUNT AND OTHERS TO SURVEY AND 
LAY OUT A TOAVNSHIP FOR THE SOLDIERS IN FALLS FIGHT. 

A Petition of Samuel Hunt of Billerica for himself & other Sur- Legislative 
vivours of the Officers and Soldiers that belouged to the Company of couucif, xvill^ 

Cap' Turner and the Represent" of those that are deced Shewing That ^ 

the said Company in 1676 Engaged the Indian Enemy at a place above House Jour- 
Deerfield and Destroyed above three hundred of them And therefore ° 'P" 
praying that this Court would Grant them a Tract of Land above Deer- 
field Suitable to make a Township 

In the House of Represent'' Read & in Answer to this Petition 
Voted That the prayer thereof be so far Granted as that the pet" 
have leave by a Surveyor and Chain men upon Oath to lay out a Town- 
ship of the Contents of Six Miles Square to the Northwai'd of the Town 
of Deerfield in the Unappropriated Lauds of the Province and Return 
a plat thereof to this Court for Confirmation within twelve months ; 
And the said Township is hereby Granted to the Pet" and such other 
Officers and Soldiers that were in said Fight above Deerfield, commonly 
called the Falls fight, and to the Descendants of any of the officers and 
Soldiers that were in said Fight, and are deceased, that shall be Ad- 
mitted by the Committee hereafter named ; Provided the Grantees do 
within four Years Settle Sixty Familys in said Township, and have each 
of them an house of Eighteen feet Square, and five Acres of Land brought 
to English Grass, or broke up by plowing, and also build a Convenient 
Meeting house, and Settle a Learned orthodox Minister Among them, 

' For the names of the comniissioners see^os^, p. 59, chap. 117. 



56 



'PROYiNCELiAyvs (Besolves, etc.).— 1734-35. [Chap. 112.] 



lay out a Home lot for the first Settled Minister aud Another for the 
Ministry, each of which to draw a Seventieth part of said Township, 
also a Lott for the School of One hundred Acres ; the Remainder to 
be divided into Equal parts among those that are admitted ; Aud that 
John Stoddai'd Joseph Dwight Charles Church Samuel Danforth Esq"^'^ 
with such as shall be Appointed by the Hon''''' Board be a Committee 
to Receive the Claims of all such as shall Challenge by this Grant aud 
are impowred and Required to Admit all such officers and Soldiers 
as shall within twelve Months from this time put iu their Claims aud 
give a Satisfactory Account of their being iu the Fight aud shall also 
Admit one aud only one of the Descendants of each of the officers and 
Soldiers that were Killed in said fight or since deced provided they put 
iu their Claims aud make their Challenge within twelve Mouths as afore- 
said And the Committee are further Directed always to give preferrence 
to the Eldest of the sous of each officer or souldier deced that shall put 
in their Claims ; aud in Case no son does put in his Claim within twelve 
Months, then to give preferrence to the Eldest Male Descended from 
any such officer or Soldier Deced that shall put in their Claims as afore- 
said, & all others shall be Excluded. 

In Council Read & Coucurr'd and William Dudley & Ezekiel Lewis 
Esq" are Joined iu the affair. [^Passed November 28. 



CHAPTEK 112. 



ORDER IMPOWERING BENJA=*' BELLOWS & OTHERS TO SURVEY 
LAY OUT 450 ACRES OF LAND. 



AND 



Legislative 
Records of the 
Council, xvi., 
68. 

House Jour- 
nal, p. 90. 
Province 
Laws, xi., 743, 
chap. 80. 



A Petition of Benjamin Bellows Hilkiah Bayutou & Moses Willard 
Shewing that they ai'e Desirous to Settle upon the Road from Lunen- 
burg to Northfield & one of them to keep a publick House for the Enter- 
tainment of Travellers at a Convenient distance from Lunenburg between 
that aud the place already taken up for a publick house Aud therefore 
praying for a Grant of four hundred & fifty Acres of Province Laud 
on the said Road on the part Thereof before mentioned 

Read & 

Ordered That the prayer of the petition be Granted so far as that 
the pet"^** have leave by a Surveyor and Chaiumeu on Oath to lay out 
in a Regular Form Four hundred aud fifty Acres of the Unappropriated 
Lauds lying on the Road from Lunenburg to Northfield near to Lexing- 
ton Farm and Return a Plat thereof to this Court within Six months for 
Confirmation to the Pet" their heirs and Assigues forever provided the 
Pet" do withiu the space of Six mouths from this Grant build a Good 
Dwelling house of twenty feet Square and Eleven feet Stud and finish 
aud furnish the same fit for the Entertainment & Accomodation of Trav- 
ellers on the said Land, aud Inhabit the same by themselves or some 
other Suitable Family for the Space of Eight Years next after, aud also 
two other Dwelling houses of Sixteen feet Square and Seven feet Stud 
on said Laud Vv'ithiu two Years from this time, aud inhabit the same the 
Term aforesaid ; and on failure of performing any of the Conditions of 
this Grant the same shall become void aud all the Lands Granted with 
the Improvements thereon shall Revert to the Province. \_Passed Novem- 
ber 28. 

> The House Journal, p. 81, adds John Wainwright, Esqi"., to the committee. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 57 



CHAPTER 113. 

ORDER FOR A STAY OF EXECUTION, PENDING AN ACTION. 

A Petition of Zachariah Parker late of Weston in this Province & r®^'^!?*^^! th 
now of Pomf ret in the Colony of Conneeticutt, Shewing That Joseph council, xvi., 

Parks &, Ephraim Parks of Concord in the County of Middlesex became ^"' "'^J . 

bound for him on the Suit of Ebenezer Hunt for Which the pcf Gave ^*i"®® '^ g-'^gg 
them his Bond for three hundred pounds to Indempnify them which he 9i. ' 
has Accordingly done Notwithstanding which they have put the pet" 
Bond in Suit Against him and Recovered Judgment against him and 
levied part thereof by Execution and taken out an alias Excon 

That the pet" has brought his Action Against the said Joseph and 
Ephraim Parks but cannot Appear at Court to pursue it without being 
liable to their Execution And therefore prajnug that this Court would 
Stay the said Execution Untill the final Issue of the petit" Action 

Read together with the Answer of Joseph Parks & Ephraim Parks 
and the same being fully considered 

Ordered that the prayer of the petition be so far granted as that the 
AP Execution Against the pef within mentioned be staid till the Event 
of his Action Against the Respondents at the next Inferiour Court of 
Common pleas to be held in the County of Middlesex And (in Case 
Either party appeal from the Judgm' of the Inferiour Court) Untill the 
Issue of the said Cause upon the Appeal. [Passed November 30. 



CHAPTEE 114. 

ORDER OF NOTICE ON THE PETITION OF DUNSTABLE INHABITANTS 
FOR A COMMITTEE TO LOCATE A MEETING HOUSE. 

A Petition of John Kendall & other Inhabitants of the Town of Legislative 
Dunstable Shewing That on the fifteenth of November Instant at a Council, xvi.,^ 
Meeting of the Inhabitants of the said Town about thirty persons I^ 



only being present It was voted by a Majority of One person only House Jour- 

That a Meeting house should be Erected on a Spot of Land in the ' 

Easterly part of the Town near the highway between Joseph Frenches 

& Henry Farwells juu'' which place is not near the Center of the Town 

and very Inconvenient on many Accounts And therefore praying that 

this Court would Appoint a Committee of Disinterested persons to View 

the Town & State the place for the said Meeting house 

Read & 

Ordered that the pet" Serve the Town of Dunstable with a Copy of 
the petition that they may Shew Cause if any they have, why the prayer 
thereof should not be Granted, on Fryday the thirteenth day of Decem- 
ber next. [^Passed November 30. 



58 



Province Laws (i?esoZves, e^c. ) . — 1734-35. [Chaps. 115,116.] 



CHAPTER 115. 



ORDER OF NOTICE ON PETITION OF JOHN PEABODY & OTHERS TO 
BE ANNEXED TO BRADFORD. 



Legislative 
Records of tlie 
Council, xvi., 
71. 

House Jour- 
nal, p. 94. 



A Petition of John Peabody John Hovey & George Carlton all of 
the Town of Boxford Shewing that they live at a Great Distance from 
the place of publick Worship in said Town and are much nearer to the 
West precinct in Bradford where they have always Attended on Divine 
Service on the Lords days ; And therefore praying that the petitioners 
and their f amilys and Estates may be set off from Boxford and Annexed 
to the West precinct in Bradford aforesaid. 

Read & 

Ordered that this petition be Referr'd to the first Monday of the next 
Sitting of this Court for consideration and that in the mean time the 
pet" Serve the Town of Boxford with a Copy of the petition that they 
then shew Cause if any they have why the prayer thereof should not 
be Granted. [Passed November 30. 



CHAPTER 116. 



ORDER ON THE REPORT ABOUT INDIAN CLAIMS TO THE WESTWARD. 



Legislative 
Records of the 
Council, xvi., 
71. 

Province 
Laws, xi., 675, 
chap. 61; 762, 
chap. 137. 



The Com'^^^ Appointed to Enquire into the Claims of Indians to 
Lands in the western parts gave in the following Report viz' 

Pursuant to the order of the General Assembly within mentioned 
we Went to Northfield where we Examined their Deeds of lands pur- 
chased about the time of their first Settlement and found that the 
lands on the Westside of Connecticutt River were purchased from the 
lower end of Northfield Township as far North as west River which 
includes the two Meadows Claimed by Mecanumbee; thence we went 
to Fort Dummer ; where we met with about twenty Indians but Meca- 
numbee was gone to Canada. We Endeavoured to Satisfy those that 
were present that the Lands Claimed by him had been Anciently pur- 
chased ; they Seemed little Concerned about this Claim ; Cap' Kellog 
informed us that many of them had told him that they did not think 
Mecanumbee had any Right to those Lands : Soukees was likewise 
gone ahunting, So that we had no Oppertunity to discourse with him 
about the Claim he makes on Merrimack River ; the main thing they 
insisted on was the Claim of Ompamet to Lands on each Side Connect- 
icutt River, about two Miles up & down the River, begining at a Brook 
on the East side of the River that emptieth into the Great River near 
to Taylors Island & Runing down the River a little below the Great 
Meadow part of the Equivalent land & part of the land laid out to the 
heirs of the late Hon"''" Col° Tailer And the Indians Agreed that those 
Meadows belonged to Ompawmet, and that they had never sold them ; 
which we Judged was probably true ; Ompawmet first Asked Three hun- 
dred pounds, but withal told us they did not know the value of Land ; 
but after some discourse he let us know he was willing to take One hun- 
dred pounds : There was also An Indian in behalf of Francois his Friend 
that was absent that Challenged a Tract of Land on Sunderland Road, 
that leads to Lancaster being two hills of Good Land, where a herd of 
Cattle had been kept the Summer past, but was not able Distinctly to 
bound it ; there were two Squaws (one was the Wife of Wamshaw) 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 59 

that Challenged a Tract of Land on Deerfield River begining about ten 
Miles West from Deerfield They desired that the Government would 
purchase these two parcells of Land ; We told them We had not been 
instructed with Respect to these two last parcells of Land but on their 
Desire would Acquaint the Government with their Claims and the Price 
of Ompawmets Land and they would do what they thot fit The Indians 
Seemed Satisfied therewith and were willing to Wait the Determination 
of the Government 

John Stoddard 
Septem'' 12. 1734 Israel Williams 

Read «fe in Answer to this Report 

Ordered That the sum of One hundred and twenty pounds be Granted 
and paid out of the Publick Treasury to John Stoddard Esq" & Cap' 
Israel Williams, to be by them paid and delivered to Ompawmet Indian 
upon his P^xecuting and delivering to them in due form of Law, in as 
open a manner and before as many Indian Witnesses as may be, a Deed 
of Conveyance of his Right & Title to the Lands Mentioned in this Re- 
port, belonging to him & lyi»g on each side of Connecticutt River ; the 
Father and Mother of Ompawmet to Join with him in the said Convey- 
ance if they be alive and can conveniently be had at the Truckhouse, 
when the Deed is Executed ; The Deed to be made to Jeremiah Allen 
Esq' present Treasurer of the Province of the Massachusetts Bay & 
his Successors in the said Trust, for the use and benefit of the Prov- 
ince ; And that. the further sum of One hundred and fifty pounds be 
Granted and paid out of the Publick Treasury to the said Com'"'' to be 
by them used and Disposed of in the Most prudent Method they can 
to Francois Wamshaws Squaw and the other Indian Squaw mentioned 
in the Report, or to Either of them in proportion According to their 
Interest Right & Title in the Respective parcells of Land within men- 
tioned. Upon their or Either of their Executing a Good Deed of Con- 
veyance of their Respective Interest, in Open Manner as aforesaid, in 
due form of Law to Jeremiah Allen Esq"" present Treasurer of the Prov- 
ince & his Successors in said Trust to and for the use & benefit of the 
Province as aforesaid The Com'"" to make Report of their doings herein. 
\_Passed December 2. 



CHAPTER 117. 

VOTE APPOINTING COMMISSIONERS TO SETTLE THE BOUNDARY LINE 
BETWEEN MASSACHUSETTS AND NEW YORK. 

I'l <^OUncil Rlfordso'the 

Voted That William Dudley and Jacob Wendell Esq" with such as council, xvi., 

the Hon''^" House of Represent shall join be Commissioners on the ''li . 

part of this Governm' to Agree on and Settle the Boundary between Hoi'^f 99°^' 
this Province and the Colony of New York Agreeable to the Vote of Ante, p. 55, 
this Court passed on Wednesday last. ''''''^- ""• 

In the House of Represent'' Read & Concurr'd and John Stoddard 
John Chandler and John Waiawright Esq" are Joined in the Affair. 
\_Passed December 3. 



60 



Province Laws (i?eso??;es,e(!c.). — 1734-35. [Chaps. 118-120.] 



CHAPTER 118. 



Legislative 
Records of the 
Council, xvi., 
73^ 

House Jour- 
nal, p. 98. 



ORDER ALLOWING THE ACCO^ OF THE C^ TREASURER OF BARNSTABLE. 

An Accompt pi'esented by Ebenezev Lewis Esq' Treasurer of the 
County of Barnstable for the Year 1733 having been laid before the 
Court of General Sessions of the Peace for the said County and by 
them Allowed. 

Read & Accepted & 

Ordered that the Accompt be Allow'd. [^Passed December 3. 



CHAPTER 119. 



ORDER IMPOWERING JOS. KELLOG TO INCREASE HIS CHARGE 
BILLETING SOLDIERS AT FORT DUMMER. 



FOR 



Legislative 
Records of the 
Council, xvi., 
73^ 

House Jour- 
nal, p. 95. 



A Petition of Cap' Joseph Kellog Commander of the fort above 
Northfield Setting forth that the price of provisions is so much Raised 
that the Garrison there cannot be Subsisted According to the last Es- 
tablishment without Great loss to tlie Pef And therefore praying that 
he may be Allowed Seven shillings a man p week on his Victualling 
Accompt last given in and Eight Shillings a week ^ Man on his next 
Victualling Accompt 

Read & 

Ordered that the prayer of the petition be Granted, and the pef is 
hereby Allowed and Impowred to Charge in his last Billeting Accompt 
Seven shillings ^ week & his next Eight shillings ^ week Accordingly. 
[Passed December 3. 



CHAPTER 120. 



ORDER CONFIRMING A PLAT OF LAND OF 6 MILES SQUARE FOR SUF- 
FIELD & 300 ACRES TO CHRIST^ JAC. LAWTON. 



Legislative 
Records of the 
Council, xvi., 
75^ 

MajDS and 
Plans, Mis., 
viii.,21. House 
•Journal, pp. 98, 
99. Province 
Laws, xi., 684, 
chap. 83; 696, 
chap. 111. 



A Plat of Six Miles Square of Land Granted by the General Court 
to the Proprietors of the Common and Undivided Lands in Suffleld in 
consideration of the Lands taken off from Suffield in Runing the line 
on Connecticutt Colony, In which is Contained a Grant of thi'ee hun- 
dred Acres of Land Granted to Christop'' Jacob Lawton in December 
1732 laid out by John Ashley jun"^ Surveyor and Chain men on Oath 
lying between Sheffield and Westfield ; being bounded as follows, viz' 
Begining at a Black Birch Marked with Stones about it being the 
Southeast Corner and is near a Small brook that Runs into Westfield 
River, and on the West side of a Steep Round Mountain ; from thence 
Runing West 20 deg north One Thousand Nine hundred & forty five 
Rods, to a Maple tree Marked ; thence North 20 deg. East Nineteen 
hundred & twenty Rods, to a Beach tree mark'd, with Stones about 
it ; from thence East 20 deg South One Thousand Nine hundred & forty 
five Rods, to a Yellow pine tree Mark'd, with Stones about it, from 
thence Runing South 20 Deg. West One Thousand Nine hundred & 
twentv Rods to the bounds first mentioned. 

Read & 

Ordered that this Plat be Accepted and that the Lands therein 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 



61 



Delineated & described so far as the Extent of the Contents of Six 
Miles Square be and hereby are Confirmed to the Commoners and 
proprietors of the Common and Undivided Lands in the Town of 
Suffleld and their Respective Assignes forever they observing and 
performing the Conditions of the Grant And that the Farm of 

the Contents of Three hundred Acres of Land included in the within 
Plat be and hereby is Confirm'd unto the said Christ" Jacob Lawton 
his heirs and assignes forever, to Satisfy a Grant of this Court of the 
8"' of Decern"^ 1732, Made to the said Lawton Provided the said Law- 
ton or his Assigns fulfill the Conditions of the said Grant,^ provided 
Also that the plat Contains no more than the quantity of Six Miles, 
Square & three hundred Acres of Land and does not Interfere with 
any former Grant. [Passed December 4. 



CHAPTEK 121. 

ORDER IMPOWERING ZACH" FIELD TO SURVEY AND LAY OUT 800 

ACRES OF LAND. 

William Dudley Esq^ from a Com'*'" of this Court gave in their Re- 
port on the petition of Zach'' Field [Province Laws, xi., 704, chap. 130] 

Read & 

Ordered that the Report be Accepted and for as much as the pur- 
chase made of the Indian proprietors of the Land at Paquoig on each 
side of Millers River by advice of this Government and which the 
Memorialist by his petition hath now Surrendred unto them has been 
of Great Service and as the Memorialist has been at Great Charge &, 
much Trouble Therefore 

Voted that Eight hundred Acres of the Lands purchased as aforesaid 
be granted unto the said Zecheriah Field his Heirs & Assigns ; and that 
he have Liberty by a surveyor and Chain Men on Oath to survey & lay 
out the same in one or two pieces, & adjoining to the township at 
paquoiag returning a plat or plats thereof within twelve Months to 
this Court for Confirmation. [^Passed December 4. 



Legislative 
Records of the 
Council, xvi., 
75. Mass. 
Archives, 
xlvi., 57. 

Legislative 
Records of the 
Council, xvii., 
Mis., 435. 
House Jour- 
nal, p. 61. 
Province 
Laws, xi., 704, 
chap. 130. 



CHAPTER 122. 



ORDER CONFIRMING A PLAT OF 1,000 ACRES OF LAND TO ROB''' RAND. 

A Plat of One Thousand Acres of Land laid out by Samuel Dan- 
forth Esq"" and Chain men on Oath to fulfill a Grant made by this 
Court to Robert Rand lying on each side of Merrimack River begin- 
iug at a Great White Oak tree marked R Standing on the side of the 
said River and a little to the Northward of little Cohass Brook Thence 
Runing upon Merrimack River five hundred and Eighty Six poles to 
a great white Oak tree Mark'd R being the North west Corner thence 
Runing Eastward two hundred and twenty three poles to a pine tree 
marked R which is the Northeast Corner thence Southward five hun- 
dred & Eighty poles to a pine tree mark'd R which is the South east 
Corner thence to the bounds first mentioned 

Read & 

> The clause "Provided the said Lawton or his Assigns fulfill the Conditions of the 
said Grant," is not found in the Secretary's copy, Legislative Records of the Council, but 
it appears in the State Library copy, Legislative Records of the Council, xvi., 75. 



Legislative 
Records of the 
Council, xvi., 
76. 

Maps and 
Plans, Mis., 
viii., 35 ter. 
House Jour- 
nal, pp. 67, 100, 
103. Province 
Laws, xi.,795, 
chap. 219. 



62 



Province luKWi^ {Resolves, etc.) . — 1734-35. [Chaps. 123-125.] 



Ordered that the plat be Accepted and the Lands therein Delineated 
& Described be and hereby are Confirmed to the said Robert Rand his 
heirs and Assignes forever in Satisfaction of the Grant within mentioned 
Provided it Exceeds not the quantity of One Thousand Acres of Land 
and does not Interfere with any former Grant Provided also that this 
Grant shall no Ways affect the privilege of Fishing in Great Cohass 
River but the same shall Remain in Common to all his Majestys Sub- 
jects of this Province as heretofore and no Obstruction shall be given 
to the passage of the Fish up and down the said River. [^Passed 
December 5. 



Legislative 
Records of the 
Council, xvi., 

Th 

House Jour- 
nal, p. 104. 
Province 
Laws, xi.,788, 
chap. 200. 



CHAPTEK 123. 

VOTE GRANTING FURTHER TIME TO SAMUEL THAXTER & OTHERS TO 
SURVEY AND LAY OUT 1,200 ACRES OF LAND. 

Voted That twelve Months time more be allowed to Samuel Thaxter 
Esq"" & others to Survey a plat of four hundred Acres of Land to each 
of them to Satisfy a Grant of this Court of the fii'st of March last of 
Twelve hundred Acres ; The Surveyor on whom they Depended to plat 
said Grant being otherwise Detained in the Publick Service. \_Passed 
December 6. 



CHAPTEE 124. 



ORDER IMPOWERING THE SERY TO MAKE DUPLICATE RECORDS. 



Legislative 
Records of the 
Council, xvi., 

TL 

House Jour- 
nal, p. 104. 
Province 
Laws, X., 697, 
chap. 338. 



A MEMORIAL of Josiah Willard Esq"' Secretary of this Province Set- 
ting forth that he has pursuant to the order of this Court brought up 
the Duplicate of the Records of the General Assembly unto the End 
of the Session held in Novem'' 1725 and now Waits for the further 
order of this Court Referring to what Remains to be prepared of the 
said Duplicates 

Read & 

Ordered that M'' Secry Willard be & hereby is impowred and Directed 
to make out a Duplicate of the Records of this Court up to the End of 
this Session, to be Lodged with the other Duplicates. [Passed Decem- 
ber 6. 



CHAPTER 125. 



ORDER IMPOWERING THO^ & CHARLES CHURCH ESQ^^ TO SURVEY AND 
LAY OUT 600 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 

78^ 

House Jour- 
nal, p. 10.5. 
Province 
Laws, xi., 677, 
chap. 67. 



A Petition of Thomas Church and Charles Church Esq" Shewing 
That whereas this Court were pleased to Grant Five hundred Acres 
of Land to the Heirs of Benjamin Church Esq'' their father the Pet" 
Surveyed a Piece of Land of that quantity and Returned a Plat but 
the Court were pleased not to Allow of it because it might prejudice 
a New town And praying that they may be Allow'd One hundred acres 
more in consideration of their Extraordinary Charge and Trouble and 
that they may take it up in two Different places & Return two plats 
thereof. Read & in answer to this petition 

Ordered that the pet" be allowed and Impowred by a Surveyor and 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 63 

Chain men on Oath to Survey and lay out the Quantity of Six hun- 
dred Acres of the Unappropriated Lands of the Province to be taken 
in two parts or parcells of the Contents of three hundred Acres each 
both Plats to be laid out Adjoyning to some Township or former Grant 
and that the Petitioners Return plats thereof to this Court within twelve 
Months for Confirmation That is to say five hundred Acres to the heirs 
of Benjamin Church Esq"" deced and the Remaining One hundred Acres 
to the Petitioners their heirs & assignes Respectively. \_Passed Decem- 
ber 6. 



CHAPTER 126. 

ORDER ON PETITION OF ROGER & BENJ^ CARERY IN REGARD TO 
SUBSTITUTED SERVICE AND GRANTING STAY OF EXECUTION. 

A Petition of Roger and Benjamin Carery Shewing That upon their Legislative 
former petition this Court were pleased to order that if the petit^ should councif xv^!*^ 
put the Bond of David Hayward in Suit Against him at the Inferiour ra. 
Court of Comon pleas for the County of Suffolk held at Boston in Octo- House Jour- 
ber last, their Serving an Original Summons on John Read Esq"" should X'«e%!f2 
be Deemed a Good Service but so it was that the pet"^' Attorney Mis- chap'. 39. 
taking the Intent of the said Order drew a Writ directed to the said 
John Read by which Mistake they have lost the benefit of the order 
of this Court ; praying that the said Order may be Repealed so as to 
Answer for the Court in January next and that the said Haywards 
Execution Against the Pef^ may be staid in the meantime 

Read & 

Ordered that the prayer of the petition be Granted & that if the pet" 
shall put the Bond Entered into by the above named David Hayward 
in Suit against him their taking out an Original Summons on their said 
Bond against the said David Hayward & Reading the same to John 
Read Esq"" as attorney to the said Hayward or leaving an Attested 
Copy with him shall be Deemed a Good Service to all Intents and 
purposes whatsoever and that the Execution on the Judgment Ob- 
tained by the said Hayward be Respited till the Event of the Pet" 
Action Provided they prosecute the same with Effect at the Inferiour 
Court of Common pleas to be holden at Boston for the County of 
Suffolk on the first Tuesday of January next. \_Passed December 6. 



CHAPTER 127. 

ORDER ON THE PETITION OF THE SELECT MEN OF BRIDGWATER IN 
REGARD TO A PAUPER. 

A Petition of the Select men of Bridgwater Shewing that about four Legislative 
Years Agoe One Jeremiah Jones Feltmaker who was born in Reading n^^!^J'}f ^JJ-^^ 

in Great Britain Came into this Province and about the 24"^ of August 5i, so. 

last being at Pembrook he fell into a Kettle of Boiling Liquor and Scalded House Jour- 
himself so that he has lost the use of his Right hand that he was Carried gj^'' ^'P' ^^' ^^' 
to Cap' Jonathan Basses House in Bridgwater to be Under the Cure 
of D"" Byram ; that Since his Cure the Select men have Warned him out 
of Town, yet he is not Removed, and he being Still a Cripple ; There- 
fore praying That he may be Supported at the Province Charge & that 
the Town of Bridgwater may be Reimbursed the Expences they have been 
at for him » 



64 



Province IjA^w^ {Resolves, etc.). — 1734-35. [Chaps. 128, 129.] 



Read & 

Ordered That the said Jeremiah Jones be henceforward Supported 
at the Charge of the Province and that the Town of Bridgwater be 
Reimbursed the Charge they have been at for the Support of the said 
Jones hitherto and that the said Selectmen be Directed to Remove the 
said Jones to the Work house in Boston there to be Employed in such 
Work as he is Capable of performing and Supported at the Publick 
Charge Uutill he shall Desire to Return to his Friends in England. 
\_Passed December 7.^ 



Legislative 
Records of the 
Council, xvi., 
80. 

House Jour- 
nal, pp. 106, 107. 



CHAPTER 128. 

ORDER RELATING TO THE DISTRIBUTION OF TAXES IN THE TOWN 

OF RUMFORD. 

A Petition of Henry Rolfe and Ebenezer Eastman Agents for the 
Town of Rumford Shewing that the said Town are under Ditticultys for 
Raising money for Building their Meeting house and Settling & Sup- 
porting their Minister because divers of the Proprietors have made but 
little Improvement on their Rights Therefore praying That the Assessors 
of the said Town May be Enabled to assess three Quarters of all Town 
Charges that have Arisen and shall Arise in said Town on the Home 
lotts Rights and after Divisions thereto belonging in Equal proportion 
and the other Quarter on Polls for so long a time as to this Court shall 
Seem most just and Reasonable 

Read & 

Ordered that the prayer of the petition be Granted And the Assessors 
of the said Town of Rumford are hereby Allowed to Levy and assess 
three quarter parts of all the Charges that have Arisen or shall arise 
on the Proprietors Homelots Rights and after Divisions in Equal pro- 
portion and the said Lauds are hereby Subjected to the payment of the 
said Tax Accordingly and the Polls & Inhabitants of said Town are 
hereby Subjected to pay the Remaining Quarter part of the said Tax 
and the Constables or Collectors of said Town are Impowred and Re- 
quired to Collect and pay the same According to the Precepts of the 
Warrants that shall [be] - from time to time committed to them and 
this Order of Court to be in force for five years next coming. \_Passed 
December 7. 



CHAPTER 129. 



ORDER 



IMPOWERING THE COMMITTEE TO LOCATE THE MEETING 
HOUSE AT THE DEDHAM SOUTH PRECINCT. 



Legislative 
Records of the 
Council, xvi., 

80^^ 

Legislative 
Records of the 
Council, xvi., 
41. House 
Journal, p. 106. 
Province 
Laws, xi., 765, 
chap. 144. 



A Petition of William Everet and Ebenezer Healey a Com'^* for the 
South Precinct in Dedham Shewing that by a former order of this Court 
a Committee were appointed to take under consideration the Setting back 
Some persons to the other precinct in Dedham and the Time Allowed for 
the Precinct to agree on their Building their Meeting house on the Com- 
mon Lands being Extended to the fifteenth of June last, after which 
& no Agreem' made the said persons with their Estates might Return 
to the old precinct and that time being now Expired and no Agreement 

' Concurrence in this order is entered also of date September 12 (Legislative Records 
of the Council, xvi., 51) ; but the true date is probably the one here given. See Preface to 
vol. ix., Province Laws. 

^ Inserted from State Library copy. Legislative Records of the Council, xvi., 80. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1734-35. 65 

made for building the Meeting house on the Common Lands Therefore Ante, p. 26, 
praying That the Committee of tliis Court may be now directed to pro- /„/)•„, chap. 
ceed to State a Suitable place for Erecting a Meeting house on said i3o. 
Precinct. 

Read & 

Ordered that the Prayer of the petition be Granted and that the Com'^*^ 
of this Court within mentioned proceed in the Affair petitioned for 
Accordingly.^ {^Passed December 7. 



CHAPTER 130. 

ORDER REFERRING THE 2" PETITION OF THE S« PRECINCT IN DED- 
HAM TO THE COMMITTEE. 

A Petition of William Bullard and Ebenezer Dean a Com"'^ for the Legislative 
South Precinct in Dedham, Shewing That whereas by an Order of this councif, xvi.,^ 

Court a Number of the Inhabitants of the said Precinct with their ^ 

Estates were laid to the first precinct in said Town, where they Origi- House Jour- 
nally belonged, part of the Estates of the said Inhabitants lies in that ^Mpm, chap. 
part of the precinct which was taken oft' from the Town of Stoughton ^'^^■ 
And therefore praying that this Court would Explain their said Order 
and Declare that the Lands taken off from Stoughton shall Remain as 
part of the South precinct in Dedham. 

Read & Committed to the Committee for placeing the Meeting house 
in the South precinct in Dedham. {^Passed December 7. 



CHAPTER 131. 

ORDER OF NOTICE ON THE PETITION OF DIVERS INHABITANTS OF 
DIGHTON & TAUNTON TO BE ERECTED INTO A TOWNSHIP. 

A Petition of Divers Inhabitants of Dighton lying on the East Side Legislative 
of Dighton River and Inhabitants of the Southerly part of Taunton council' xvi*^^ 

Setting forth their inconvenient Situation for attending the Publick ^ 

Worship of God in the places to which they Respectivly belong and House Jour- 
their Convenient Situation for forming a Seperate Town, And there- °»^pp-i*^»'106. 
fore praying that they may be set off from tlieir Respective Towns 
and precincts, and that they may be Constituted a Township by the 
bounds set forth particularly in their petition 

Read & 

Ordered that the Petit"^' Serve the Towns of Taunton and Dighton 
with Copys of this petition that they shew Cause if any they have on 
the first Tuesday of the next Sitting of this Court why the prayer 
thereof should not be Granted and that the petition be Refer'd in the 
mean time Accordingly. [Passed December 9. 

1 There is a mistake in both copies of Legislative Records of the Council (which does 
not here appear) in stating that action was first taken on the order in the House of Rep- 
resentatives. The House Journal shows that the Council first acted. 



66 



Province Laws (i?eso/?;es, e^c. ) . — 1734-35. [Chaps. 132-134.] 



CHAPTER 132. 



ORDER OF NOTICE ON JOSEPH EPHRAIMS PETITION FOR LANDS AT 

HASSANIMISCO. 

Legislative On the Petition of Joseph Ephraim [^ante, p. 25, chap. 47] 

Council, xvi., Read & 

— Ordered That the Pet" Serve the Trustees of Indian Proprietors of 

SiTrf nT'^ Hassiuimisco with a Copy of this petition that so they Answer thereto 
Anie,\^.25, as soon as may be. [Passed December 10. 

chap. 47. 



CHAPTEE 133. 



ORDER IMPOWERING NATHi- COOCHUCK INDIAN TO SELL LAND. 



Legislative 
Records of the 
Council, xvi., 

82^ 

House Jour- 
nal, pp. 106, 109. 
Province 
Laws, xi., 365, 
chap. 191. 



A Petition of Nath^ Coochuck of Natiek Indian Shewing, That, 
whereas this Court were pleased to Grant him Liberty to sell a peice 
of Land in Natiek for paying his Debts, and Building a Dwelling 
house, he has Disposed of the said land Accordingly ; And for as 
much as his wife has Considerable lands in Natiek and no Children 
to Inherit it and is Willing to sell a Lott of Thirty Acres on which 
the Pef^ cannot mak-e any Improvement Therefore praying for Liberty 
to the pet"^ and his wife to Sell the said Thirty Acres of land in order 
to purchase Cattle and Implements of Husbandry with the produce 
thereof 

Read & 

Ordered that the prayer of the petition be Granted, and the Petit" 
are Accordingly Allowed & Impowred to make Sale of the Thirty 
Acres of Land within mentioned for the Most the same will fetch, 
Giving at least thirty days notice in some publick place in said Plan- 
tation of Natiek, as well as in the Town of Cambridge, the Shire Town 
of the County where the Lands lye, before the day of Sale, of the time 
& place thereof ; And that Francis Fulham Esq"" be desired and im- 
powred to be Advising and assisting to the Pef" in the Sale that so 
Justice may be done them therein and the proceeds thereof Applied to 
& for the purposes mentioned in the petition for the Greatest benefit 
and Advantage of the Pet"^' and the Pef' are further Impowred to Ex- 
ecute a Good Deed of Sale & Conveyance of the premisses in due form 
of Law Accordingly. \_Passed December 10. 



CHAPTER 134 



ORDER ALLOWING £16 TO EBEN" EASTMAN. 



Legislative 
Records of the 
Council, xvi., 

82. 

House Jour- 
nal, pp. Ill, 112. 
Province 
Laws, ii., 587, 
chap. 10. 



A Petition of Eben'' Eastman of Rumford Shewing that there were 
Killed near said place before it was a Town four Grown wolves one 
of which had Seven Young ones in its Body That the Select men & 
Constables of said Town Apprehended that they had no Authority to 
proceed in the Affair according to the Directions of the Law, because 
the wolves were Killed before the Town was Constituted, that the 
Pef has the heads of the said Wolves to shew and is Ready to make 
Oath According to Law ; And therefore praying That the Court would 



[1st Sess.] Province Laavs { Resolves ^ etc.). — 1734-35. 67 

give order that be may Receive the Reward Allowed by Law for him- 
self and others concerned. 

Read & 

Ordered That the sum of Sixteen pounds be Allowed and paid out 
of the Publick Treasury to Cap' Ebeuezer Eastman being the Premium 
or Bounty by Law Allowed for Killing the said four Wolves. \_Passed 
December 10. 



CHAPTER 135. 

ORDER OF NOTICE ON DELIVERANCE READS PETITION TO HAVE GRANT 
OF LAND CONFIRMED TO JOSHUA READ, IN PLACE OF JOSEPH READ. 

A Petition of Josiah Converse as Attorney to Deliverence Read Legislative 
Widow and Admin" of Joshua Reed late of Leicester deced Shewing council, xvi.. 
That the said Joshua Read was a Voluntier under Cap' Lovell when fi^ 



he Killed the Ten Indians and that whereas this Court Granted a Tract ^'^"®®'^Vo"\=.> 
of Land for a Township to the said Cap' Lovells &. Cap' Whites Offl- (February',' 
cers and Soldiers, those who had the Management of that affair, Either jAprii^i734) • 
by Mistake or Design, laid out the Right belonging to the Heirs of the p. i09.' Prov' 
said Joshua Read, to One Joseph Read, altho there was no such person sssfchap.^ieo!' 
in Either of the said Companys ; Praying that the Heirs of the said 
Joshua Read may be Restored to their Right. 
. Read & 

Ordered That the Pef^ Serve the within named Joseph Read with a 
Copy of the petition that he shew Cause on the first Friday of the next 
Sitting of this Court why the prayer thereof should not be Granted and 
that the petition be Referr'd in the mean time Accordingly. \_Passed 
December 10. 



CHAPTER 136. 

ORDER OF NOTICE ON THE PETITION OF THE HEIRS OF THOMAS PRINCE 
& FRANCIS COMBE FOR CONFIRMATION OF TITLE TO LANDS. 

A Petition of Cornelius Bennet and Lydia Miller for themselves and Legislative 
in behalf of other the heirs of Thomas Prince & Francis Combe late of councif.xvi.r 

Middleborough deced. Shewing that the said Prince & Combe purchased ^^ 

of the Indians a Tract of Land at a place Called Namassakett in the House Jour- 
year 1668 that the General Court of Plymouth Colony Ordered that °'^ 'P^^" ' 
the Remainder of the said Land Undisposed of should be Enjoyed by 
the said Purchasers, Untill it be otherwise Disposed of by the Court, 
and that the persons to Avhom the same should be Granted should pay 
the said Combe and Prince the Charge of the Purchase ; that Since that 
the original Deed and the Record thereof have been Cassually burnt in 
two houses that were Consumed at Middleborough that Neither the pur- 
chasers nor their heirs have Reced an}' thing for their purchase ; And 
therefore Praying That the Fee of the said Land may be Confirmed to 
the heirs of the said Prince and Combe and that a Com"''' of this Court 
may be Appointed to lay out the said Lands by proper Meets and bounds 
at the Charge of the Pet" 

Read & 

Ordered That the Pef Serve the Town Clerk of Middleborough with 
a Copy of this Petition and Order and Cause the same to be posted up 
at the Publick Meetins; house in Middleboro at or before the Twentieth 



68 



Province Laws {Resolves, etc.). — 1734-35, [Chaps. 137, 138.] 



Legislative 
Records of the 
Council, xvi., 

84^ 

House Jour- 
nal, p. 112. 



day of January next ^ that so the Town or any person or proprietors 
may Give iu their Reasons to this Court if any they have on the first 
Fryday of the next May Session why the prayer thereof should not 
be Granted. \_Passed December 10. 



CHAPTER 137. 

ORDER APPOINTING A COMt^^ xo SEARCH FOR PLATS OF LAND. 

In Council 

Ordered That John Jeffrys and Josiah Willard Esq''' with such as the 
Hon'''^ House of Representatives shall Appoint, be a Committee to Search 
all the Files in the Secretarys office for such Platts of Land as may be 
found therein and to dispose them in proper order and to take an Alpha- 
betical list of the names of the Towns and particular persons to whom 
the Lauds described in such Plats do belong that so this Court may 
have Recourse to the same upon all proper Occasions 

In the House of Represent" Read & Concurr'd and Samuel Welles 
Elisha Cooke and John Wainwright Esq'' are Joined in the affair. 
\_Passed December 10. 



CHAPTER 138. 



Legislative 
Records of the 
Council, xvi., 
62, 84. 

House Jour- 
nal, p. 117. 



ORD« IMPOWERING FRAMINGHAM ASSESSORS TO COLLECT TAXES. 

A Petition of Edward Goddard Esq' and others a Com'*'^ for the 
Town of Framingham Shewing That the assessors for the said Town 
in the year 1729 having assessed a Tax on the Inhabitants ordered 
the same to be Collected by the Town Constables Amos Wait & Oliver 
Death, the last of whom Collected & paid in his part viz' £37. 10/ 7 but 
the other Constable (Amos Wait) has Neglected and Refused to pay 
in his part, being £31. 3. 6 Alledging that the List & Warrant for the 
said Assessment was never committed to him, for so it was that the 
Pef Goddard Sent the said list and Warrant to the said Wait, Who 
Remembers and is Ready to Declare Upon Oath that he Delivered the 
List to him, but cannot be Certain as to the Warrant And therefore 
praying that the said Town of Framingham may be Directed and Im- 
powred to Order the said Wait or Some other person to Collect and 
pay into the Treasury of the Town the Said Tax of £31. 3. 6. 

Read together with the Answer of Amos Wait and the same being 
fully considered 

Ordered that the praj'er of the Petition be so far Granted as that the 
Assessors of the Town of Framingham for the Year 1729 or the Major 
part of them be and hereby are Impowred and ordered to Sign the List 
of Assessment herein Referr'd to and a Warrant thereon directed to 
One of the present Constables of the said Town for his Collecting the 
Respective Sums therein mentioned on the persons on whom they were 
assessed ; as appears by the said List (to which Edward Goddard hath 
made Oath before one of his Majestys Justices of the Peace) and that 
the said Constable or Collector be Allowed by the said Town a Rea- 
sonable Satisfaction for his Trouble in the Said Collection. \_Passed 
December 11. 

1 The House Journal reads, " December currant." 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 69 



CHAPTER 139. 

VOTE IMPOWERING JONATHAN BELCHER ESQ TO SURVEY AND LAY 
OUT IN TWO PLACES 1,000 ACRES OF LAND. 

His Excellency Sent tbe followiug Message to both Houses viz' Legislative 

Records of the 

Gentlemen In June 1732 you were pleased at my Desire to Con- council, xvi., 

firm to ine Five hundred Acres of Laud (According to a Plat then pre- ?^: 

sented) to be in full of a Grant formerly made me ; but so it happens, House Jour- 
that the said Land has been Claimed by the Town of Northfield which p'roVince' 
has put me to Considerable Charge in the Law and Judgment is finally ^ifapf 35''' ^^^' 
made up in their favour : 1 therefore now desire you to Renew a Grant 
to me in Consideration of the Loss of the said Five hundred Acres and 
of the Charge and Trouble I have been at and that a Reasonable time 
may be Allowed for pitching the Grant you may make and that I may 
have Liberty to lay it out in two peices 

J Belcher 

Read & In Answer to this Message 

Voted That Liberty be and hereby is Given to his Excellency Jona- 
than Belcher Esq' Captain General and Governour in Chief of this 
Province by a Sui'veyor and Chain men on Oath to Survey and lay 
out in two peices one Thousand Acres of the Unappropriated Lands 
of the Province that he Return the Plats thereof to this Coui't within 
twelve Months for Confirmation to him his heirs and assignes forever. 
\_Pasised December 11. 



CHAPTER 140. 

ORDER ANNEXING JOSEPH RICKARD & OTHERS OF MIDDLEBORO TO 
THE SOUTH PRECINCT IN PLYMPTON. 

A Petition of Joseph Rickard and others Inhabitants of the East- Legislative 
erly part of the Town of Middleboro Shewing that the said Town Voted council, xvi., 

that the pet" should be sett off to the Southerly part of the Town of ^ . 

Plympton in Case the}' should be made a precinct or a Town within House Jour- 
the Space of three Years but for as much as the New precinct in Plimp- Ante, p. 12, 
ton was not Constituted within that Space of time the Town of Mid- ^^^■v- 12- 
dleborough would deprive the Pet" of the benefit of that Vote & not 
allow them to be Sett off. And therefore praying that this Court would 
Interpose their Authority and order them to be Sett off to the South 
Precinct in Plympton According to the said Vote. 

Read & 

Ordered that the prayer of the petition be Granted and that the peti- 
tioners and their Estates be and hereby are Annexed to the South Pre- 
cinct in Plymton According to the Boundarys hereafter mentioned viz' 
begining at the Maple tree formerly marked in the off Set of the Town 
line on the Easterly Side of the Rocky meadow Brook about five poles 
from the Brook and from the said Maple Ranging South 84 Deg West- 
erly Ninety poles & an half to a heap of Stones about Six feet to the 
Northward of a Small Red oak & a White Oak Sappling, both Marked 
with three Marks one above another, Faceing to it ; and from thence 
Ranging North 4 Deg Westerly three Miles wanting thirty Eight poles 
to an heap of Stones by the Northerly Side of the highway that leads 
from Plymouth to Middleborough which heap of Stones is about Eighty 
poles distant from the Tree Commonly Called P Tree as the highway 
goeth and from said Heap of Stones the line to Extend on a Strait line 



70 



Province Laws {Eesolves, etc.), — 1734-35. [Chaps. 141, 142.] 



so as to Strike the Town line due East from Experience Beals house 
and from thence bounded by the Town line by the Map and tree ^ first 
mentioned Agreeable to a Vote passed by the Inhabitants of the Town 
of Middleborough on the third of January 17372 Reserving always to 
the Town of Middleboro the Jurisdiction of the Saw Mill Already Set 
on the Brook Called Rocky Meadow Brook or any other Mill of any 
Sort that may hereafter be set up on said Brook within the Tract of 
Land before Described Agreeable to said Vote. [^Passed December 11. 



CHAPTEK 141 



Legislative 
Records of the 
Council, xvi., 
86. State 
Library copy, 
ibid., xvi., 86. 

House Jour- 
nal, p. 116. 
Province 
Laws, xi., 626, 
chap. 109. 



ORDER ALLOWING £26. 5 TO THE PROPRIETORS OF TOWNSHEND. 

A Petition of the Agents of the Town of Townshend Shewing That 
Upon a Suggestion of the Town of Dunstable that the line of the North 
Town (now Townshend) Interfered with Dunstable line this Court were 
pleased to Order the Runing of the said lines Upon which it Appears 
that the line of the North Town took of from Dunstable about Eighty 
Acres which was Accordingly Restored to them that the Court were 
pleased to order that the North Town pay the Charge of Runing the 
said Line which has since been Recovered from them in the Law with 
Costs ; And for as much as they made no Application for Runing the 
said line and the Grantees of Townshend paid a Considerable sum 
of money into the Publick Treasury for the purchase of their said 
Lands Therefore praying that they may be Exempted from paying 
the said Charge 

Read & 

Ordered^ that the Prayer of the Petition be granted, & the sum of 
Twenty six Pounds five shillings be granted & paid out of the publick 
Treasury to the Petition" AVilliam Lawrence & John Stevens for the 
use of Proprietors of Townshend accordingly. {^Passed December 12. 



CHAPTER 142. 



Legislative 
Records of the 
Council, xvi., 



House Jour- 
nal, p. 120. 
Province 
Laws, xi., 93, 
chap. 246; 786, 
chap. 196. 



ORDER ALLOWING £15 TO TIM" RICHARDSON. 

A Petition of Timothy Richardson, Shewing That whereas he was 
Greivously Wounded by the Indians at the fight at Pigwacket, so as 
to be Disabled from Supporting himself and his Family by his Labour, 
and has divers times Received Allowances from this Court ; his Lame- 
ness and Disability Still Continues, And therefore praying that he may 
have an Annual Pension out of the Publick Treasury or be otherwise 
Relieved as this Court shall Judge Meet 

Read & in Answer to this petition 

Ordered that the sum of Fifteen pounds be Granted and paid out 
of the Publick Treasury to the Pef in consideration of his Smart and 
Misfortunes by Reason of the Wounds within mentioned. [Passed 
December 13. 

' "Maple Tree," in State Library copy, Legislative Records of the Council, xvi., 85. 
2 The order, omitted in the Secretary's copy, has been taken from the State Library copy, 
Legislative Records of the Council, xvi., 86. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 71 



CHAPTEE 143. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE AFFAIR 
OF THE SOUTH PRECINCT IN DEDHAM. 

Samuel Thaxter Esq^ from the Com"''' on the petition of William Legislative 
Bnllard and Ebeu^ Dean [ctjite, p. 65, chap. 130J gave in the following colinSxii!!^ 
Report viz' ?!: 

The Committee having Considered the within petition are of Opinion House Jour- 
That the Meadow land and all other lands lying in the South precinct ^«?J,'p. cs, 
& which is in that part thereof which was and now is Stoughtou be chap. iso. 
liable to pay their just proportion of all precinct Rates altho the owners 
of those Lands live in and may be Inhabitants of Dedham 

In the name and by Order of the Committee Samuel Thaxter 

Read & 

Ordered that this Report be Accepted. \_Passed December 13. 



CHAPTER 144. 

RESOLVE ON PETER BRETONS PETITION TO BE RELEASED FROM 

PRISON. 

A Petition of Peter Briton of Boston Feltmaker Shewing That he Legislative 
is Imprisoned in the Goal in said Town upon Execution at the Suit councif, xvi!!^ 
of the Province and Town Treasurers and hath taken the Oath Ap- 89- 
pointed by Law for poor prisioners but cannot Receive the benefit of House Jour- 
said Oath because the Prison keeper is Uncertain whither his Case provi?ice^' ^^^' 
(being a Debtor to the Publick) can come within the Extent of that ^,''^^^'-"^||^' 
Law that Since the Pef' taking the Oath abovesaid he has been Served note.' ' ' 
with another Execution ; Upon which the Keeper is Uncei^tain whether 
the Pefis obliged by Law to take the oath over again, praying for the 
order of this Court to the Prison keeper to Release the petitioner 

Read & 

Resolved that the Pef" ought to take the same Steps for a Discharge 
from his Confinement or Continuance in Goal upon an Execution at 
Samuel Carys Suit which he should have done if he had not taken the 
Method directed by Law for poor prisioners for Debt upon any other 
Execution. [_Passed December 14. 



CHAPTER 145. 

ORDER GRANTING A TOWNSHIP TO INHABITANTS OF MARBLEHEAD. 

A Petition of Abraham Howard & Joseph Blaney Esq" Represent" ^^f*®^^"^? ,u 
of the Town of Marblehead Shewing that the said Town is of very council, xvi., 

Small Extent and the Inhabitants more Numerous than in most Towns ^^ . 

in the Province So that they are much Straitned in their Accommoda- House Jour- 

•/. mj^j-TTj? rr\ \ ■ J! Hal, pp. 114, 115, 

tions ; And thei'efore praying for a iract or Land tor a lownship tor i-22, 123. Prov- 
such persons belonging to the said Town of Marblehead as will Settle 5d!/776^chap. 
thereon 155- 

In the House of Represent" Read &, 

Voted That there be and hereby is Granted a Tract of Land of the 



72 Province Laws (i?eso?ves, e^c). — 1734-35. [Chap. 146.] 

Contents of Six Miles Square lying P^astwax'd & Adjoyuing to the Town- 
ship lately laid out to the Narranganset Grantees on the back of Fal- 
mouth in the County of York ; And That John Wheelwright^ Esq"^ Cap' 
John Hobson and Daniel Epes Esq" with Such as the Hon'''^ Board shall 
appoint be a Committee fully Authorized to Admit Sixty Inhabitants 
belonging to the Town of Marblehead, that are most likelj^ to Settle 
and bring forward a New Plantation, and that most need a Grant of 
Laud ; the Committee to la}' out the said Township as also the first 
Division of Home lotts in as Defensible a manner as Conveniently 
may be ; the Number of Lotts to be Sixty three and to draw future 
Divisions in Equal proportions, three of the aforesaid Lotts or Rights 
to be Disposed of, One to the first Settled Minister, One for the Min- 
istry and the other for the use of the School ; The Grants to be Con- 
firmed upon the Grantees fulfilling the following Conditions ; and for 
that purpose that the Com'^*" take a Bond of Twenty five pounds each 
for the performance thereof viz' That they be upon the Spot and have 
an house of Eighteen feet Square and Seven feet Stud at least to each 
Right Seven Acres of Land brought to English Grass & fitted for mow- 
ing That they Settle a Learned Orthodox Minister, and Build a Conven- 
ient Meeting house for the Publick Worship of God, within five Years 
after their Admission ; And that each Grantee pay the said Committee 
Five pounds upon their Admission ; which shall be used for defreying 
the Charge of the Sui'vey the Remainder to be Improved for the Pub- 
lick benefit of the Plant* And upon failure of performance the Right 
of such as fail to Revert to the Province as if no such Grant had been 
made In Council Read and Coucurr'd and AYilliam Dudley & 

Ebeuezer Burrill Esq' are Joined in the affair. [^Passed December 17. 



CHAPTER 146. 

ORDER IMPOWERING JOHN STODDARD ESQ^ TO SURVEY AND LAY OUT 
1,000 ACRES OF LAND. 

Records^of the ^ PETITION of Johu Stoddard Esq'' Setting forth his Great Service 
Council, xvi., to the Province in divei's Journeys to Canada Albany and the East- 

'^"^^ ern parts, upon the Publick affairs, his Serving in the war with Good 

naA1p."m^i2i. Success, his Transactions with the Canada Indians and other AYestern 
Indians, and his Entertaining of them at his house without any Expence 
to the Province Praying for a Consideration from this Court for the same 
Read & In Answer to this petition 

Ordered That the Pef^ have leave by a Surveyor & Chain men upon 
Oath to Survey & lay out one Thousand Acres of the Unappropriated 
Lands of the Province in the County of Hampshire in some Conven- 
ient place and that he Return a plat thereof to the Court within twelve 
Mouths for Confirmation to him his heirs & assignes forever in Con- 
sideration of his Great Services and Sufferings in & for the Publick. 
\_Passed December 17. 

1 "Wheelwright," in Secretary's copy, Legislative Records of the Council, but in the 
State Library copy, ibid., xvi., 90, and in the House Journal, p. 122, the name is " Wain- 
wright." 



[1st Sess.] Province Laavs {Resolves, etc.). — 1734-35. 73 



CHAPTER 147. 

ORDER IMPOWERING ROBT & JOSI CONVERSE TO SURVEY AND LAY 
OUT 400 ACRES OF LAND. 

A Petition of Robert Converse & Josiah Converse, Sons of Major Legislative 
James Converse late of Woburn Dec*^ Setting forth the great Service councif xV^'' 
of their Father in the Wars against the Indian Enemy, & the Hard- 521 ; xvi'., 'ji.' 
ships & Losses he suffered tliereby & Praying for a Grant of Four House Jour, 
hundred Acres of unappropriated Lands lying between Lancaster new "Apn?'i733/-^^ 
Grant Rutland & the Wachuset Hills. p. 111.' 

Ordered That the Pe[ti]tion be Revived and In Answer thereto 
Voted That the Pet'^ be and hereby are allowed and Impowred by 
a Survey"" and Chainmen on Oath to Survey and lay out Four hundred 
Acres of the Unappropriated Lands of the Province and Return a plat 
thereof to this Court within twelve months for Confirmation, on con- 
dition that the Pet" their heu's or assignes do within five Years Settle 
two Familys on the Granted premisses, each of Which to have a house 
of Eighteen feet Square, and Seven feet Stud, at the least, and four 
Acres each brought to & plowed or Stocked with English Grass and 
fitted for mowing, and that the Lands be laid out Adjacent to some 
Township. \_Passed December 17. 



CHAPTER 148. 

ORDER IMPOWERING THE HEIRS OF MAJOR PETER BULKLEY TO SUR- 
VEY AND LAY OUT 1,000 ACRES OF LAND. 

A Petition of Joseph Bulkley & Rebecca Whiting Children & heirs Legislative 
of Major Peter Bulkley deced Shewing That the General Court of the cmS, xvi !!^ 
late Colony of the Massachusetts Bay were pleased in the Year 1683 9i. 
to make a Grant to the said Peter Bulkley of One Thousand Acres of House Jour- 
Land as a Gratuity for his Good Services which Grant was never taken "''*'• p* ^^^" 
up ; the said Major Bulkley dying soon after, and the Pef^ being in 
their Minority and not knowing any thing of the said Grant 'till very 
lately ; And therefore praying That they may be now allowed to lay 
out the same 

Read & 

Ordered that the prayer of the Petition be Granted, & the Pet" are 
accordingly Allowed & Impowred, by a Survey" & Chainmen on Oath, 
to Survey and lay out One Thousand Acres of the Unappropriated Lands 
of the Province in some Convenient place, where it may not prejudice 
the Settlement of a New Plantation, and that they Return a plat thereof 
to this Court within twelve Months for Confirmation, to them their heirs 
and assignes Respectively ; provided the aforesaid Grant has not been 
Satisfied hei-etofore. \_Fassed December 17. 



74 



Province Laws (i^e^oZyes, e^c. ) . — 1734-35. [Chaps. 149-151.] 



CHAPTEK 149 



ORDER IMPOWERING COL" RICHARD KENT TO SURVEY AND LAY OUT 
300 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 
91. 

House .Jour- 
nal, p. 108. 



A Petition of CoP Richard Kent, Setting forth his Services in a 
former Indian War under Col" Hilton that a Considerable Number of 
Indians were tlien Killed that the petitioner Advanced Several Sums 
for the Encouraguient of His Company by which he has lost above 
Seventy pounds that the Petitioners Uncle John Ilobbs (to whom he 
is sole Heir) was Slain in the Narragauset War for which no Consid- 
eration has been made in the Grant to the Narraganset Soldiers ; Pray- 
ing for a Grant of Land in Satisfaction for the Service and Losses 
aforesaid 

Read & in Answer to this petition 

Ordered that the Pef have leave by a Survey'^ and Chainmen on Oath 
to Survey and lay out Three hundred Acres of the Unappropriated Laud 
of this Province Adjoining to some Townsliip in full for the Services 
within mentioned, as well his own as the Right and Gratuity of the said 
John Hobbs who was Killed in the Narragauset War, and Return a plat 
thereof to this Court within twelve Months for Confirmation. \_Passed 
December 17. 



CHAPTEK 150. 



ORDER IMPOWERING W^ LUND TO SURVEY AND LAY OUT 400 ACRES 

OF LAND. 



Legislative 
Records of tlie 
Council, xvi., 
92. 

House Jour- 
nal, pp. 103, 104. 



A Petition of William Lund Shewing that in the Year 1724, being 
in the Service of the Province he was taken by the Indian Enemy and 
Carried into Captivity where he Suffered Great hardships and was 
obliged to pay a Great price for his Ransom and his Estate was much 
hurt & demiuished in his Absence ; Therefore praying for some allow- 
ance from this Court, in Consideration of his Losses & Sufferrings. 

Read & in Answer to this petition. 

Ordered that the pet' have leave by a Surveyor & Chainmen on Oath 
to Survey and lay out four hundred Acres of the Unappropriated Lands 
of the Province on the Westerly side of Merrimack River, Adjoining 
to One of the Narragauset Towns and Return a Plat thereof to this 
Court within Twelve months for Confirmation to the Pef^ his heirs and 
assignes forever, on Condition that the Pef his heirs or Assignes bring 
forward the Settlement of two familys on the Granted premisses in 
all Respects as to Manner and time that the Narragansett Grantees or 
Familys are obliged to Settle their Grants. \_Passed December 17. 



CHAPTER 151. 

ORDER IMPOWERING ELEAZER WARD TO SURVEY AND LAY OUT 150 

ACRES OF LAND. 



Legislative A PETITION of Eleazer Ward of Newton Shewing That he served for 

Councif, xvi., many years in the Wars Against the Indian Enemy as also in the Ex- 
^2i pedition Against the French at Port Royall that the pef Received a 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 75 

wound which Occasioned great Expence and loss of time, and is now House Jour. 

nal D 113 

grown Old, and much disabled by his hardships, and has three sons ' ^* 
and no land to Settle them on ; Therefore praying for a Grant of Some 
of the Unappropriated Lands of the Province. 

Read and in Answer to this petition. 

Ordered That the Pet'' have leave by a Surveyor and Chainmen on 
Oath to Survey and lay out One hundred and fift}' Acres of the Un- 
appropriated Lands of the Province Adjoyning to Some Township or 
former Grant and Return a plat thereof to this Court within twelve 
Months for Confirmation, on Condition the petitioner his heirs or as- 
sigues do within three years Settle a Family on the Granted Land 
build and finish a House there of Eighteen feet Square and Seven 
feet Stud at the least and also break up and bring to five Acres of 
English Grass and well inclose the same. \_Passed December 17. 



CHAPTEE 152. 

ORDER IMPOWERING THE HEIRS OF CAP^ NOAH WISWALL AND 
OTHERS TO SURVEY AND LAY OUT 1,500 ACRES OF LAND. 

A Petition of Ebenezer Flagg in behalf of the heirs of Cap' Noah ^^^'^'f^^^f ., 
Wiswall Lieu' Gershom Flagg and P^nsign Edw** Walker, Shewing that councii,,xvi., 

they together with four Other English men, and a Number of Friend ^ 

Indians, went on a March Against the Indian Enemy, and Engaged a ^9'^^'^ ''.^V^'ni 

• ^-r 1 ,. ,1 1 .-, 11 -1 T T-,- 11 nal, pp. 121,122. 

bupenour Number of them at a place Called Lamprey River and de- 
stroyed many of the Enemy ; and the said Officers all Lost their lives 
in the said Action ; And therefore praying for a Grant of the Unap- 
propriated Lands of the Province as a Reward of the Services of the 
said officers and Soldiers 
Read and 

Ordered that the prayer of the Petition be Granted, and 
Voted that there be and hereby is Granted Fifteen hundred Acres of 
the Unappropriated Lands of the Province, lying between the Towns 
of Lunenl3urg and Rutland Eastward of the Wachusett Hills, to be 
divided to and Among the officers and Soldiers Engaged in the Fight 
at Lamprey [River], ^ & to such as are allowed to Represent those 
that are dead viz' the Represent'' of Cap' Wiswall Four hundred Acres 
to the Represenf" of Lieu' Gershom Flagg, Three hundred Acres to the 
Represent" of Ensign Edw** Walker, Two hundred Acres ; & to Samuel 
Lock, Samuel Baker, William Bruce, & Benj* Baldwin, each or to the 
Represent'' of each of Such as are dead One hundred & fifty acres And 
that but One Represent" be Admitted of such as are Dead Preferrence 
to be given to the Eldest son Surviving of those that are deced ; And 
in Case there be no Son living then to the Eldest Male desended from 
such officer and sold[i]er^ Now living shall be the Represent" And in 
Case there shall be no male heir then to the Eldest female Surviving ; 
And that the pef^ be allowed by a Surveyor and Chainman on Oath 
to Survey the said Tract of Land, and Return a Plat thereof to this 
Court wilhin twelve months for Confirmation Accordingly. [Passed 
December 17. 

' Inserted from State Library copy, Legislative Records of the Council, xvi., 93. 



76 



Province Laws {Besolves, etc.). — 1734-35. [Chaps. 153, 154.] 



CHAPTER 153. 



Legislative 
Eecords of the 
Council, xvi., 
93^ 

House Jour- 
nal, p. 107. 



ORDER IMPOWERING CAP^ SAM^- JORDAN TO SURVEY AND LAY OUT 
300 ACRES OF LAND. 

A Petition of Cap' Samuel Jordan, Shewing that in his Younger 
time he Served Against the Indian Enemy, and that in the Year 1703, 
he was taken Prisoner, by them and kept in a Miserable Captivity for 
the Space of Eight Years, and Since his Release has Served as an In- 
terpreter on all Publick Occasions, and been out on Several Marches, 
and Went on a Jorney to Canada in the Publick Service ; and praying 
for a Grant of Some of the Unappropriated Lands of the Province in 
Consideration of his Services and Sufferings as aforesaid. 

Read & 

Ordered That the prayer of the petition be so far Granted, as that 
the VeV be allowed and Impowred by a Surveyor and Chain men on 
Oath to Survey and lay out Three hundred Acres of the Unappropri- 
ated Lands in the County of York and Return a Plat thereof to this 
Court within twelve Months for Confirmation to the Pet"^ his heirs & 
assignes forever. [^Passed December 17. 



CHAPTER 154. 



Legislative 
Records of the 
Council, xvi., 
93. 

House Jour- 
nal, p. 101. 
Province 
Laws, xi., 785, 
chap. 193. 



ORDER IMPOWERING JOHN BLAISDEL TO SURVEY AND LAY OUT 300 

ACRES OF LAND. 

A Petition of John Plaistead ^ of Amesbury, Shewing that he Served 
the Province in the Indian War in five Several Expeditions and in four 
of them as a Voluntier that he with others petitioned the Court for a 
Township at Ameskeeg and from Some Encouragement he had built 
upon the Land but the Court were pleased to Graut a Township near 
the place to the Narragansett Soldiers, Praying for a Grant of the 
Unappropriated Lands on the East Side of Merrimack River. 

Read & in Answer to this Petition 

Ordered that the pef have leave to Survey and lay out (by a Sur- 
veyor & Chainmen on Oath^ three hundred Acres of the Unappropri- 
ated Lands of the Province lying on the East Side of Merrimack River, 
and to the Northward of One Thousand Acres Granted to Robert Rand, 
and Return a plat thereof to this Court within twelve Months for Con- 
firmation, to him and his heirs and assignes forever, On Condition the 
Pef his heirs or assignes do within three Years Settle two familys on 
the Granted Lands and have each of them a house there of Eighteen 
feet Square and five Acres of Land brought to English Grass or broke 
up by Plowing and well inclosed. \_Passed December 17. 

' This name in the State Library copy, Legislative Records of the Council, xvi., 93, is 
given as " Blaisdell," both in heading and text; also in the House Journal. 
* Sic, as to absence of mark of parenthesis. 



[1st Sess.] Province Laavs {Resolves^ etc.). — 1734-35. 77 



CHAPTEK 155. 

ORDER IMPOWERING RICH» CUTT TO SURVEY AND LAY OUT 200 

ACRES OF LAND. 

A Petition of Richard Cutt of Kittery Shewing tliat in the Year Legislative 
1724 he went out a Vohmtier at Sea Under the Command of Cap' ^^^"^f^^^^i^.')^ 
George Jackson in the Service against the Eastern Indians and was 94- 



Wounded thro the Body and lay ill of his wounds for a year after and House Jour- 
is Still much Weakned and impaired Praying for a Grant of the Un- Provincl^^' ^"'■'' 
appropriated Lauds of the Province in consideration of his Services L">ws, xi., 154, 
and Sufferings aforesaid ^ '^^'" 

Read & 

Ordered that the Pef be allowed & impowred by a Survey"^ and 
Chainmen on Oath to Survey and lay out two hundred Aci'es of the 
Unappropriated Lands of the Province in consideration of the Smart 
and pain he Underwent by Reason of the wound within mentioned, 
and that he Return a plat thereof to this Court within Twelve Mouths 
for Confirmation to him and his heirs & assignes forever. \_Passed 
December 17. 



CHAPTEE 156. 

ORDER OF NOTICE ON PETITION OF THO« CUNINGHAM & OTHERS OF 
SUNCOOK IN REGARD TO A GRANT OF LAND. 

A Petition of Thomas Cuningham and Eight other Inhabitants of Legislative 

~ K.f*(*OFQB or tjll6 

the Plant" Called Suncook, Complaining of the Great Neglect of Most Council, xvi., 

of the Proprietoi'S to Comply with the Terms and Conditions enjoyned ^^ 

by the General Court for Settling the same ; by which means the Pet" ^^i"®'' "^lilf'iAi 
who have Actually Settled them selves and their familys Upon the (April, 1733); 
place are put to Great difficultys more Especially in their not Enjoy- In^e Laws™xi. 
ing the preaching of the Gospell Among them praying that this Court W, ciiap. 132. ' 
would Grant them Relief in the premisses. 

Read & 

Ordered that the Pef* serve AYilliam Lovejoy and the Rest of the 
Com"'^ of the Proprietors of the Plant" of Suncook with a Copy of this 
petition ; And that the said Committee be and hereby are Required and 
directed to assemble and Convene the said Proprietors as soon as may 
be, and that they take into consideration the Subject Matter of the 
petition and Shew Cause, if any they have, to this Court on the first 
Tuesday of the next May Session, why the prayer thereof should not 
be Granted, and that the petition be Referr'd in the meantime Accord- 
ingly. [^Passed December 18. 



CHAPTEE 157. 

ORDER OF NOTICE ON JOS. INGOLLS PETITION FOR RELIEF FROM A 
JUDGEMENT WITH STAY OF EXECUTION. 

A Petition of Joseph Ingolls of Marblehead Shoreman Shewing that Legislative 
at an Inferiour Court of Common pleas held at Boston for the County comicif, x vi!^ 
of Suffolk in October 1733 Gyles Dulake Tidmarsh as Surviving Partner ^ 



78 



House Jour, 
nal, p. 131. 
Province 
Laws, xi., 761, 
chap. 135. 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 158, 159.] 

of Samuel Appleton Esq' Sued him for £135. 0. 1 And the Pef filed 
his Accompt Agaiust the said Action which Amounted to £145. 10. 11 
and when the Case was by Rule of Court Referr'd to Mess" Peter Luce 
Thomas Moffat and Thomas Jackson, w^ho kept the Affair in their hands 
One whole year, during which time the Pef Attended often with his 
Papers to prove his Accompt, but could not be heard but on the 9"' 
of October last the said Referrees withou|, the knowledge of the peti- 
tioner met and passed on those Accompts, and made Report to the 
Court Under the hands of twO' of them only, bringing in the Pet"^ to 
be in debt to the said Tidmarsh and Appleton £71. 0. 1 & Costs which 
was Accordingly Awarded by the Court and Execution issued thereon 
And forasmuch as the Pet'' is able to prove his Acco' by Sufficient 
Vouchers, were he Admitted to it; Therefore praying that the said 
Case may be Recommitted to said Referrees M"^ Tidmarsh to Chuse 
some other person in the Room of M' Luce who has been his Agent 
for a long time or that he may have a Trial of the said Case at the 
Common law or be otherwise Relieved 

Read & 

Ordered that the pef forthwith Serve the Adverse party Gyles Dulake 
Tidmarsh with a Copy of the petition that he Shew Cause on Saturday 
the Twenty first Currant at ten a Clock in the Forenoon why the prayer 
of the petition should not be Granted and that the Execution mentioned 
be Staid in the Meantime. \_Passed December 19. 



Legislative 
Records of the 
Council, xvi., 
97^ 

House Jour- 
nal, p. 129. 



CHAPTER 158. 

ORDER DISCHARGING THE TRUSTEES FOR THE HASSANAMISCO INDIANS. 

An Accompt presented by the Hon"'' Spencer Phipps Esq' Edward 
Goddard and Ephraim Curtis Esq'' Trustees for the Indians at Hassi- 
nimisco of their Receipts and Disbursments for the said Indians the 
last Year. 

Read & Accepted «fe 

Ordered that the Accomptants be Discharged of the sum of Two 
hundred and Seven pounds fourteen shillings and fourpence Disbursed 
on Acco* and Service of the Hassinimisco Indians and that they further 
Acco' to this Court for Twenty Six pounds Sixteen shillings and Seven- 
pence, the Remaining Interest in their hands, and also for the Principal 
Stock of Two Thousand five hundred pounds, together with Forty three 
pounds belonging to the Orphan Children of Amy ^ Printer deced, and 
the Interest thereon being Thirty two shillings & Seven pence after the 
Trustees allowance of Forty three shillings for letting out the said Forty 
three pounds is deducted. \_Passed December 20. 



CHAPTER 159. 



Legislative 
Records of the 
Council, xvi., 

'.rh 

House Jour- 
nal, p. 123. 
Province 
Laws, xi., 757, 
chap. 123. 



ORDER ALLOWING £40 CONDITIONALLY TO HENRY JOSLYN. 

A Petition of Henry Joslyn of Attleborough Shewing that he Com- 
plained to the Court of General Sessions of the peace for the County 
of Bristoll Against One John Whipple of Providence for pretending to 
Execute the office of an Uudersheriff without Lawf uU Authority ; Upon 
which the said Whipple was fined the sum of Forty pounds and when 
the pet' Claimed Onehalf thereof as Complainant or Informer the Court 

» The House Journal, p. 129, reads, "Moses." 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 79 

would not Allow his Claim and forasmuch as the Pef has Greatly Suf- 
ferred in his Interest by discharging his duty faithfully to this Govern- 
ment, Therefore praying that this Court would allow him the benefit of 
a Complainer at least and his Costs. 

Read & in Answer to this Petition. 

Voted That when and so Soon as the fine of Forty pounds shall be 
paid into the Publick Treasury the like sum of Forty pounds be Granted 
out of the Publick Treasury to the Pet' or his order. [^Passed Decem- 
ber 20. 



CHAPTER 160. 

ORDER ON JABEZ OMSTEADS PETITION TO BE ANNEXED TO THE 
TOWN OF BROOKFIELD. 

A Petition of Jabez Omstead of Ware River Shewing That the Legislative 
Assessors of the Plant" commonly called the Elbows, under Colour counclf xvi!*^ 
of an order of Court for taxing Certain Lands not improved, lying 97- 
near them, at two pence p Acre, have Assessed the Lands of the Pef House Jour- 
at two pence ^ Acre, and Threaten to Sell his Land to pay it ; Pray- pro^nce^''^^^' 
ing that he may be annexed to the Town of Brookfield 'till such time Laws, xi., 793, 
as there shall be a Parish Settled between his Farm & Brookfield *^ ap. • •. 

Read & 

Ordered that the prayer of the petition be Granted, and the petitioner 
and his Farm be and hereby is Annexed & Accounted part of the Town 
of Brookfield, to do duty & Receive priviledge there Untill the further 
order of this Court ; the order within mentioned of the two penny Tax 
Notwithstanding. [^Passed December 20. 



CHAPTER 161. 

ORDER IMPOWERING THE HEIRS OF M" JAMES TAYLOR DECED TO 
SURVEY AND LAY OUT 500 ACRES OF LAND. 



A Petition of William Taylor and others heirs of M"" James Taylor Legislative 
deced late Treasurer of this Province, Shewing that the said Treasurer Qofin^^J^f ^^^ 
Taylor quitted his private Business, which was very profitable to Serve 98. 



the Px-ovince in that office which he did very Faithfully for many Years, House Jour- 
and Advanced Several Thousands of pounds for the Government, for na^'.PP- 112,133, 
which he never was allowed any Interest that he laid out Seventy Odd 
pounds for Mathematical Instruments, for the Province for which he 
was never paid ; By all which means his Estate was Lesned ; And there- 
fore praying for a Grant of some of the Unappropriated Lands of the 
Province 

Read & 

Voted that there be and hereby is Granted to the Heirs and Legal 
Represent" of James Taylor Esq'' late Treasurer of this Province Deced 
Five hundred acres of the Unappropriated Lands of this Province in 
consideration of the Services mentioned in the petition and that the 
Grantees be allowed and impowred by a Survey"^ and Chain men on 
Oath to Survey and lay out the said Lands next Adjoyning to some 
Township or former Grant & Return a plat thereof to this Court within 
twelve Months for Confirmation to them their heirs and assignes Re- 
spectivly forever. [^Passed December 21. 



80 



Province IjAws {Resolves, etc.) . — 1734-35. [Chaps. 162, 163.] 



Legislative 
Kecords of ttie 
Council, xvi., 
99. 

House Jour- 
nal, pp. 42, 84, 
134. Ante, 
p. 44, chap. 95. 



CHAPTER 162. 

ORDER ACCEPTING THE COMMITTEES REPORT ON JOHN GREENS PETI- 
TION TO BE ANNEXED TO STONEHAM. 

The Committee Appointed the 23"^ of Nov'' last to Repair to and 
View tlie Lands petitioned for by John Green and other Inhabitants 
of maiden & Reading to be annexed to the Town of Stoueham have 
Accordingly performed that Service ; & Upon a full hearing of all 
partys and Mature Consideration of the Affair are of Opinion that 
the pi-ayer of the petition be so far Granted, as that the pet" John 
Green, Isaac Green, Joseph Green, John Dexter, & Josias Green, 
with all the Lands Contained within the following boundaries viz' 
begining at Stoneham line and Runing down on the Seventh Range 
line so Called to Eneas Spragues land, and so on a Strait Course to 
an Oak tree standing between Samuel and Joseph Greens land, and 
from said Oak tree a strait Course to the Corner Mark between the 
said Samuel Greens land and the Laud late of Jacob Green deced, 
at or near the Country Road, that goes from Maiden and Reading, 
& then to follow the dividing line between Maiden and Reading home 
to Stoneham line, be Annexed to and Accounted as part of the Town 
of Stoneham, Subject nevertheless to the payment of their proportion 
of all Rates as are or shall be assessed by the Town of Maiden before 
the Twentieth day of February next All which is humbly Submitted 
In the name & by order of the Comm"'^ Ehen" Burkill 

Read & 

Ordered that this Report be Accepted and that the persons thereby 
Set off to the Town of Stoneham pay the Account of the Committees 
time «fe Expence Amounting to the sum of Six pounds ten shillings. 
[^Passed December 21. 



CHAPTER 163. 



ORDER OF NOTICE ON FRANCES BANISTERS PETITION FOR STAY OF 

EXECUTION. 



Legislative 
Records of the 
Council, xvi., 
101. 

House Jour- 
nal, p. 135. 
Province 
Laws, xi., 688, 
chap. 93. 



A Petition of M""' Frances Banister of Boston Widow Shewing that 
She has had many disputes in the Law with her Brother in Law M' 
Samuel Banister, that they have Entred into a Rule of Court for decid- 
ing their differences by Referrees, that the said M' Banister Received 
two hundred pounds Sterling of the Pet" money in England, & pretends 
he has lodged it on her Acco' with Mess" Pai-kin and Sitwell, but the 
Pef supposes it Went to pay his Debts, that she has written Several 
times to the said Parkin & Sitwell but can get no Answer ; that the 
Referrees have no consideration of the Debt of £200 Sterling, have 
Reported that Two hundred fifty Eight pounds is due from the Pet" 
to the said Samuel, and She is allowed only Six Months to pay it ; 
Praying for time to send to England and that Execution may be Staid 
till She can have Advice. 

Read & 

Ordered That the Pef Serve M' Samuel Banister the Adverse party 
with a Copy of this petition, that he shew Cause if any he have, on 
Thursday the twenty Sixth Instant why the prayer thereof should not 
be Granted. \_Passed December 23. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 81 



CHAPTEK 164. 

ORDK FOR A TOWN MEETING AT TUKESBURY. 

Voted That M'' Daniel Kitteridge, one of the Principal Inhabitants Legislative 
of the Town lately Erected within the County of Middlesex by the coundf, xVl,^ 
name of Tewkesbury be and hereby is fully Authorized and Impowred ^|^ 



to Assemble the Freeholders and other Qualified persons Voters there House Jour- 
to make Choice of Town Officers to Stand untill the Anniversary Meet- ° ' P" 
ing in March next. [^Passed December 24. 



CHAPTEK 165. 

ORDER OF NOTICE ON THE BRIMFIELD PETITION RELATING TO TAXES. 

A Petition of John Sherman and Robert Moulton in behalf of Brim- Legislative 
field Praying for the Order of this Court to Subject the Lauds beloug- counS xVl,^ 

ing to the Non Resideut proprietors and those belonging to minors to ^ 

the same Taxes with the other Lands and that the other lauds which Legislative 
the Grantees are not Obliged to Settle may be Taxed at two pence councif.xv., ^ 
^ acre .p Annum for some Reasonable time and that the Com'^^ of the 89- House 
G-eueral Court for bringing forward the Settlement of the said Town- 48 ( June, nsi) • 
ship may lay before this Court an Accompt of the money they have |nc|Laws°xi. 
Reced and paid for the use of the Town Agreeable to the Order of 592, chap. 27. 
this Court pass'd the 17"' of Juue 1731. 

Read & 

Ordered that the pef Serve the Propri" Clerk of the Common Lands 
in Brimtield with a Copy of the petition and that he Notify and warn 
the said Proprietors to Assemble and Convene as soon as may be in 
some Convenient place in said Town that they take the petition under 
Consideration and Shew Cause if any they have on the first Tuesday 
of the Sitting of the Court in May next why the prayer thereof should 
not be Granted. [^Passed December 24. 



CHAPTEK 166. 

ORDER ALLOWING £1,200 FOR EXPENSE OF THE GOVERN^^s INTERVIEW 
WITH THE AVESTERN INDIANS. 

Ordered That the sum of Twelve hundred pounds be Granted and paid D^^'l^fg^^f the 
out of the Publick Treasury to be used and disposed of for purchasing council, xvi., 

of Necessarys and Defreying the Charges of his Excellency the Gov- ^^ . 

eruour and the Gent" that may be desired to Attend him on his Jour- ^|f',rdfof the 
ney to the Western Frontiers at the Proposed Interview with the Indians, counrii, xvi., 
\_Passed December 26. jouriar"" 

pp. 138, 140, 142. 



82 



Province Laws (i?e«o/ves, ete.). — 1734-35. [Chaps. 167-169.] 



CHAPTER 167. 



Legislative 
Records of the 
Council, xvi., 
102. 

House Jour- 
nal, p. 142. 



ORDER ALLOWING £1,000 TO THE JUDGES. 

Ordered that the sum of One Thousand pounds be Granted and paid 
out of the Publick Treasury to the Hon''''' His Majestys Justices of the 
Superiour Court of Judicature Court of assize and General Goal De- 
livery for their Service the Year Currant, which will End the first day 
of January next, to be paid in Proportion to the Courts they have 
Attended during the said Term. \_Passed December 26. 



CHAPTER 168. 



ORDER CONFIRMING A PLAT OF 500 ACRES OF LAND FOR DUXBURY 

SCHOOL. 



Legislative 
Records of the 
Council, xvi., 
103. Maps and 
Plans, Mis., 
viii., 27. 

Maps and 
Plans, Mis., 
viii. ,27. House 
Journal, p. 139. 
Province 
Laws, xi., 789, 
chap. 202. 



A Plat of Five hundred Acres of Land laid out to the Town of 
Duxbury to fulfill a Grant made by this Court for the School there, 
at the Session in Febfy 1732^ which bounds Southerly on Sohegan 
River East on the Uppermost Narragansett Township on said River, 
North and west on Unappropriated Lands ; It begins at a white Oak 
marked with a heap of Stones near it on the North side of said River, 
about One hundred and Thirty Rods above the upper End of Charles- 
town School, and Runs North two hundred Rods ; from thence East 
four hundred Rods to said Narraganset Township, from thence South 
two hundred and Seventeen Rods to said Sohegan River, and then Up 
along said River to the place where it began Surveyed by Jonas Hough- 
ton and Chainmen on Oath. 

Read and Accepted and 

Ordered That the plat be allowed and the Lands therein delineated 
and described be and hereby are confirmed to the town of Duxbury 
for the use maintenance and Support of a Grammar School there, pro- 
vided it exceeds not the quantity of Five hundred Acres and does not 
interfere with any former Grant. \_Passed December 26. 



CHAPTER 169. 



ORDER ALLOWING £600 FOR PROVIDING A PRESENT FOR THE WESTERN 

INDIANS. 



Legislative 
Records of the 
Council, xvi., 
104. 

House Jour- 
nal, p. 142. 
Ante, p. 81, 
chap. 166. 



Ordered that the sum of Six hundred pounds be Granted to be paid 
out of the Publick Treasury to Thomas Gushing Ezekiel Lewis Samuel 
Welles Esq" M' Oxenbridge Thacher & M' Thomas Cushing jun'' to be 
by them used and Disposed of to purchase Such Goods as may be thought 
proper to be given as a present by his Excellency the Governour in the 
name of this Court to the Cagnawaga Indians & such Tribes as shall 
Meet his Excellency at the proposed Interview on the Western Fron- 
tiers. \_Passed December 27. 

> The State Library copy, Legislative Records of the Council, xvi., 103, gives the year 
"1733." 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 83 

CHAPTER 170. 

ORDER ALLOWING £150 TO THE SECRY AND A FURTHER SUM OF £100. 

Ordered that the sum of One hundred &, fifty pounds be Granted and ^^for^s o?th 
paid out of the Fublick Treasury to Josiah Willard Esq'' Secretary of Council, xvi., 

this Province in full for his Service to the Third of this Instant Decern' ^^ . 

and tliat the further sum of One hundred pounds be Granted and paid aa°"^^i4T^ 
out of the Publick Treasury to M"' Seci^ Willard in Consideration of 
his Extraordinary Service. \_Passed December 27. 



CHAPTER 171. 

ORDER ALLOWING 4/ PER DIEM TO THE SPEAKER. 

Ordered That there be Granted and paid out of the Publick Treasury Legislative 
after the Rate of four shillings <^ diem to the Hon'"" John Quincey Esq"" ^ounp'if xvP^ 
Speaker of the House, for every day of his Attendance in the General i04. 
Coui't, from the Opening of this Session, begining the 29"' day of May, House Jour- 
to the Dissolution of this Assembly, Upon Certificate from the Clerk "^'' P' ^*^' 
of the House, in consideration of his Constant Application in dispatch- 
ing the Publick Affairs of this Province. \_Passed December 27. 



CHAPTER 172. 

ORDER ALLOWING £300 TO THE TREASURER AND A FURTHER SUM 

OF £120. 

Ordered that the sum of Three hundred pounds be Granted and paid Legislative 

Rgcotqs of tjll6 

out of the Publick Treasury to Jeremiah Allen Esq'' Treasurer of this council, xvi.. 
Province in full for his Service the Year past which ended the first of ^^ 



June last; and that the further sura of One hundred & twenty pounds House Jour- 
be Granted and paid out of the Publick Treasury to the said Jeremiah ' 
Allen Esq"" in full Consideration for his Services in the Treasury &c for 
the last Year which Ended the first Currant. [^Passed December 27. 



CHAPTER 173. 

ORDER ALLOWING £150 TO THE CLERK OF THE HOUSE. 

Ordered that the sum of One hundred & fifty ^ pounds be Granted R^^'^ds^^f th 
&, paid out of the Publick Treasury to John Wainwright Esq' Clerk of council, xvi., 
the House in full for his Service to the next may Session. \_Passed ^^ 

December 27. House Jour- 

nal, p. 143. 

> The Executive Records of the Council, ix., 571, the House Journal, p. 143, and the 
Mass. Archives, cxxiv., 21, all give the sum as £160. 



84 



Province Laws (i?eso/yes, e^c). — 1734-35. [Chaps. 174-176.] 



CHAPTER 174. 



ORDER ALLOWING £40 TO THE CHAPLAINS OF THE HOUSE AND BOARD. 



Legislative 
Kecords of the 
Council, xvi., 
104. 

House Jour- 
nal, p. 143. 



Ordered that the sum of Forty pounds be Granted and paid out of 
the Publick Treasury Viz' Twenty pounds, half thereof, to the Kev** 
Chaplain who Otliciates at the Hou*"'*^ Board the Year Currant, and 
Twenty pounds to the Rev*^ M*^ Samuel Cheekley Chaplain of the 
House for his Services for the Year Currant. \_Passed December 27. 



Legislative 
Records of the 
Council, xvi., 
105. 

House .Joiir- 
nal, p. 143. 



CHAPTER 175. 

ORDER ALLOWING £150 TO M« RICH" HUBBARD. 

Ordered that the sum of One hundred & twenty pounds be Granted 
and paid out of the Publick Treasury to M"^ Richard Hubbard Door- 
keeper to his Excellency the Gov"' & this Court, in full for his Service 
the Year Currant, wiiich will Determine the twentieth of February next. 
\_Passed December 27. 



CHAPTER 176 



ORDER ON THE PETITION OF JOSEPH THOMPSON ESQ^ TO BE CON- 
FIRMED IN POSSESSION OF LAND. 



Legislative 
Records of the 
Council, xvi., 
105. 

House Jour- 
nal, pp. 142, 145. 
Province 
Laws, ix., 328, 
chap. 136. 



A Petition of Thomas Cushing jun"" Attorney to Joseph Thompson 
of London Esq'' and the other heirs of Robert Tompson Esq'' deced, 
Shewing that in the Settlement of the Line between this Province and 
the Colony of Conuecticutt in the Year 1713, the said Robert Thomp- 
son had Two Thousand Acres of Land (part of a greater Tract) in the 
Nipmug Country, purchased by him of the Natives and Confirmed to 
him by this Government ; which happened to fall to the Southward of 
the Line and within the Colony of Conuecticutt, That it was Conceeded 
to and Agreed on by the Commissioners of each Government, that the 
said Lands should be held and Enjoyed by the said Robert Thompson 
and his heirs ; Not withstanding which Agreement, some people of the 
Town of Killingsly in the said Colony of Conuecticutt have Trespassed 
on the said land and held the Pet"^ out of it. That he has made Appli- 
cation to the Government of Conuecticutt that he might be assisted in 
Ejecting the Trespassers but to no purpose ; And therefore praying the 
Assistance of this Court for Relief 

Read & 

Ordered That M"" Secretary Willard be & hereby is directed by a 
Letter to Acquaint the Government of Conuecticutt, that altlio the 
Commissioners of the Massachusetts Bay and Conuecticutt for Set- 
tling the Boundarys between the said Governments in the Year 1713 
did Confirm to Robert Thompson a Tract of Land of two Thousand 
Acres Granted by this Government, & falls to the said Divisional line 
for which the said Government of Connecticutt have Already Reced 
an Equivalent yet the said Thompson is Molested in his possession 
and that this Government do trust in the Justice & Care of that Gov- 
ernment, that the said Thompson may be Restored to the peaceable 
possession of the said Lands, And that William Dudley Esq"^ be and 



[1st Sess.] Province Laws {Resolves, etc.). — 173-4-o5. )^o 

hereby is Authorized & Impowred at the Charge of the Pef" to Solicit 
This Affair with the Goveriimeut of Coiinecticutt that so Justice may 
be done in the premisses That he Report his doings to this Court. 
\_Passed December 27 . 



CHAPTER 177. 

ORDER APPOINTING A COMMITTEE TO VIEW LANDS AT THE " ELBOWS." 

A Petition of William Clements & others Praying that their peti- Legislative 
tiou preferr'd to this Court in Octo^ 1733 for a Grant of One Thou- co unctf, xVi'',^ 
sand four hundred and forty three Acres of land, bounded by the '^^- 
Elbows Brookfield and AVare River may be Revived, and that the Legislative 
said lands may be Granted to them upon such Conditions and Re- coumif, x v"'*^ 
strictions as this Court shall Judge fit •*'^'i- House 

•p, , p ^ Journal, p. 'Jl 

Keacl & (October, 

Ordered that CoP Stoddard Col° Dwight and Cap' Williams be desired ^'^^ ' ^- "^• 
to Repair to the Lands petitioned for, view the Quality & Circumstances 
& Consider the Nature thereof, and make Report to this Court at the 
next may Session of their Opinion as to the value of the same And the 
Petition is Ref err'd in the meantime for further Consideration. \_Passed 
December 27. 



CHAPTER 178. 

ORDER ALLOWING £900 TO THE GOV. 



Ordered that the sum of Nine hundred pounds be Granted and paid Legislative 
out of the Publick Treasury to his Excellency Jonathan Belcher Esq-" councn' xii."!^ 

Cap' General & Governour in Chief in and over this his Majestys Prov- }^ 

iuce.^ [ Passed December 27 . House Jour- 

'- nal, p. 144. 



CHAPTER 179. 

ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO STEPHEN 
WILLIAMS ESQK &c. 

A Plat of two hundred Acres of Land laid out by Henry Chandler Legislative 
Survey' & Chaiumen on Oat h, to fulfill a Grant made by this Court counrfi* xVi''^ 
to Cap' Thomas Colton deced in June 1728, and purchased by Stephen 107. Maps ami 
Williams and Isaac Colton ; the said Land lying in the Gore of Prov- ^n.^lol^''^' 

ince Land in tlie Count}' of Hampshire, that is between Springfield on ^f^ j'g ^^^ 

the North and the Colony or Patent line on the South, Brimfield on the Plans, Mis., 
East, and Somers on the West on the Southeast Corner of the said Laud .Tonrnai, P.T45! 

Read and Province 

T 1WS xi ^flO 

Ordered that the plat be Accepted and the Lands therein delineated cilap.m'' ' 
& described be & hereby are Confirmed unto the said Stephen Williams 
& Isaac Colton Juu"" their heirs and assigns for Ever respectively to 
satisfie the Grant within mentioned, provided it exceeds not the quan- 
tity of two hundred Acres of Land and does not interfere with Any 
former Grant. \_Passed December 28. 

' The Governor signed this resolve April 19, 1735. 



86 Province Laws {Resolves, e^c.) . — 1734-35. [Chaps. 180, 181.] 



CHAPTER 180. 

ORDER ON THE PETITION OF AARON ELLIS TO BE RETURNED TO THE 
1®'' PRECINCT IN DEDHAM. 

Legislative Samuel Thaxter Esq" from the Com"''' ou the Petition of Aaron 

Council^, xvi.,^ Ellis and others of Declham [_ante^ p. 26, chap. 48] Reported as fol- 

^^ lows viz' 

Legislative xhe Committee having considered this petition and heard all partys 

Council, xvi., Concerned, are of Opinion that Aaron Ellis the first named in the peti- 
JournaUjp- 59. ^^*^" ^ ^^^™ ^"^^ ^'^^'^ ^^^ Estate be set back Again to Old Dedham, or 
'u%,u-,.' Ante' the first Precinct & for the Rest of the Pet" that they Remain to the 
p. 26, chap. 48. g^^^j^ Precinct & that Accordingly their Petition be Dismissed. 

By Order of the Committee Sam^ Thaxter 

Read & Accepted. [_Passed December 28. 



CHAPTER 181. 

ORDER ON THE PETITION OF EDW» HUTCHINSON &c TO SURVEY AND 
LAY OUT 500 ACRES OF EQUIVALENT LAND. 

Legislative ^ PETITION of lulward Hutchinson Esq"" & M" Mary AVolcott Shew- 

Councif.xvi.) ing That the General Court of the late Colony of the Massachusetts 

H'L Bay Granted four hundred Acres of Land to Cap' Thomas Clark the 

House Jour- p^^rs Grandfather that the Commiss" of this Province & Conuecticutt 
Province ' ' on the affair of the line Agreed that the land taken up to Satisfy the 
chlqjf'ise'.' ^^^' said Grant should be Confirmed by the Government of Conuecticutt: 
Ante,i>.u, within which it fell upon Runing the line in the Year 1713 to the said 
chap. 176. Thomas Clark & that Conuecticutt should have an Equivalent of Lands 

from this Province, that the Pet" have divers times Applied to the Gov- 
ernm' of Conuecticutt for Confirmation of said Lands, but without Effect, 
because as the pet" are informed Conuecticutt never Received an Equiv- 
alent for the said Land And therefore praying That this Court would 
take Effectual Measures that the Pet" may be Secured in their Rights 
Read & forasmuch as it Appears to this Court That a Tract of Land 
Originally belonging to Maj' Thomas Clark by Grant of the Massa- 
chusetts Province, and falling to the Southward of the Divisional line 
between this Government and the Colony of Conuecticutt, was Con- 
firmed to the said Clark his heirs and assignes forever, by the Com- 
missioners of the Respective Governments for Settling the Boundary 
between the said Governments in the Year 1713, but in as much as 
an Exact Survey of the said Tract could not at that time be made, and 
the bound thereof Ascertained they further Agreed that as soon as the 
said Survey could be made an Equivalent for it be Allowed to the said 
Colony ; Which Survey has been since made by John Chandler Esq' as 
Appears by a Plat and Return thereon under his hand Dated May 5"" 
1732 but no Equivalent made therefor 

Voted that Ebenezer Pomroy of Northampton Esq"^ be and hereby is 
Authorized and impowred by this Court to Join with such person or 
persons as shall be Appointed by the Government of Connecticutt to 
lay out five hundred Acres as an Equivalent therefor in the Wast Lauds 
of this Province to the Colony of Connecticutt and that a Return of 
their doings be made to this Courto \_Passed December 28. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 87 



CHAPTER 182. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE LOCATION 
OF A MEETING HOUSE IN THE S" PRECINCT IN DEDHAM. 

Samuel Thaxter Esq" from the Com"^« on the Petition of the South ^^f^^^^fg^Jfthe 
Precinct in Dedham [_ante. p. 64, chap. 129] made the following Report councii.xvi., 
viz' ^^ 

The Com'^® Appointed on this Petition having Maturely Considered ^^^^ 'l^^' 
the same as well as that of the other Inhabitants that are gone from Ante,\>.^, 
said Precinct are of Opinion, that the place for a precinct meeting ^bap. 129. 
house be between the Houses of Ebenezer Dean and Nath' Guile on 
the North West side of the Way to Walpole about Nine Rods from 
said Guiles fence, on the Quarter of an Acre of Land Given and 
Granted to the said Precinct by the said Dean Under his hand and 
Seal and Acknowledged as may Appear 

all which is Submitted 

By Order of the Com*^" Samuel Thaxter 

Read & Accepted. \_Passed December 28. 



CHAPTER 183. 

COMMISS^s CHOSEN FOR THE LINES ON NEW YORK GOVERNMt. 

A Message Came up from the House by CoP Chandler That in Con- Legislative 
sideration of the Great Importance of the Affair of settling the line councn' xVi^f 
between this Province and the Colony of New York the House pro- i09- 
pose that Seven Commissioners be Chosen for that Service any four Legislative 
of whom to be a Quorum to Which the Board agreed Councif, xvi!!^ 

And then the two Houses proceeding to the Election of Commis- 9?. lo^. i09- 

HousG Jour- 

sioners for Stating and Runing the line between this Province and the nai.pp. I4u,i50. 
Colony of New York the following persons were Chosen by a Major f^l^'Xiff' 
Vote viz' Edmund Quincey John Stoddard William Dudley Jacob Wen- 
dell John Wainwright John Chandler and Samuel Welles Esq" 

To which Elections his Excellency Signed his Consent. \_Passed 
December 30. 



CHAPTER 184. 

ORDER FOR IRON RAILS TO THE STEPS AT THE PROVINCE HOUSE. 

Ordered M'' Sheriff Winslow be and hereby is desired & Impowred ^^^'rd"of the 
to take Effectual Care that the Stone Steps going up to the Province councu.xvi., 

house where his Excellenc}^ the Gov' dwells be handsoml}' Railed in ]^ 

w"* an Iron Rail fence at the Publick Charge. \_Passed December 30. ^^^^^l^-T 



88 



Province Laws (Besolves, etc.). — 1734-35. [Chaps. 185-188.] 



CHAPTEK 185 



VOTE APPOINTING MEMBERS OF THE HOUSE TO ATTEND THE GOV» 

WESTWARD. 



Legislative 
Records of the 
Council, xvi., 
109. 

Legislative 
Records of the 
Council, xvi., 
108. House 
Journal, p. 148. 
Atite, p. 81, 
chap. 166. 



In Answer to his Excellencys Message this day Respecting a Num- 
ber of the Geut" of the House attending him on the proposed Interview 
with the Indians on the Western Frontiers, 

Voted That M' Speaker Quincey, Col° Waiuwright Samuel Welles 
Esq's CoF Tileston, Maj"" Bowles, Ma,f Epes, Rob* Hale EsqS CoP 
Prescott, Sam> Danforth Esq% CoP Stoddard, Cap' Wells, CoP Chan- 
dler, CoP Willard, & Maj' Warren, Elisha Busby Esq% CoP Almy, CoP 
Church, CoP Goreham, Cap' Hill, Enoch Coffin Esq"" & Maj"" John Hol- 
man, be and hereby are desired on the part of the Represent" to Attend 
his Excellency the Gov'' at the proposed Interview between his Excel- 
lency & the Cagnawaga & the other Tribes of Indians on the western 
Frontiers. \_Fassed December 30. 



Legislative 
Records of the 
Council, xvi., 
110. 

House Jour, 
nal, p. 152. 
Infra, chap. 
187. 



CHAPTER 186. 

ORDER FOR A REMITTc^^ OF £500 TO THE AGENT FOR THE USE OF 

THE PROVINCE. 

Ordered That the Treasurer of the Province be and hereby is directed, 
as soon as Conveniently may be, to Remit in the best way and means 
he can, the Sum of Five Hundred pounds Sterling, to be put into the 
hands of Francis Wilks Esq"" Agent for this Province, to be Employed 
for the use thereof ; the said Agent to be Accountable for the Same. 
[^Passed December 31 . 



CHAPTER 187 



Legislative 
Records of the 
Council, xvi., 
110. 

House Jour- 
nal, p. 150. 
Supra, chap. 
186. 



ORDER ALLOWING £800 TO FRANCIS WILKS AGENT. 

Ordered That the sum of Eight hundred pounds be allowed & paid 
out of the Publick Treasury to Francis Wilks Esq"" Agent for this Prov- 
ince or his order for his Service to this time. [^Passed December 31. 



CHAPTER 188. 



Legislative 
Records of the 
Council, xvi., 
110. 

House Jour- 
nal, p. 152. 
Province 
Laws, xi., 758, 
chap. 126. 



VOTE AW SETTLING A NEW TOWN IN THE COUNTY OF YORK. 

Ordered That the Com''^'' Appointed for bringing on the Settlement 
of the Town lately Granted at the head of Berwick^ in the County of 
York in laying out the Home lotts use their best Judgment and Dis- 
cretion and lay them in as Defensable a manner as the Quality of the 
Land will Admit & not to Exceed the Quantity of forty Acres in each 
Home lot. [^Passed December 31. 

' Lebanon, Maine. See Province Laws, iv., 954, chap. 3. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 89 



CHAPTER 189. 

OE.D'' ON THE PETITION OF ZACH FIELD & OTHERS OF HADLEY TO 
BE ERECTED INTO A SEPERATE PRECINCT AND TO LEVY AND COL- 
LECT A TAX OF TWO PENCE PER ACRE ON LANDS. 

A Petition of Zacbariah Field and a Number of Other Inhabitants Legislative 
of the Town of Hadley Shewing That they live at a Great Distance council, xvi., 

from the Place of Publick Worship there ; and praying that they with ^3, ni- 

others and their Familys and Estates may be Set off a Seperate pre- House Jour- 
cinct, viz' A Tract of Land Seven Miles long and two Miles and three ' • • » • 
Quarters Broad, bounded Westerly by a Tract of Land Reserved by 
the Town of Hadley to be as Common forever, Southerly on Boston 
Road, Easterly on the Equivalent land, and Northerly on the Town 
of Sunderland ; And that they may be Enabled to lay a Tax of two 
pence <gj acre <^ annum on the Lands of the Non Resident Proprietors 
for the Space of Six Years for the Support of the ministry there 

Read And the Represent" of the Town of Hadley informing the 
House that the Town had been Acquainted with the petition which 
being Considered 

Ordered That the prayer of the petition be Granted, and the Lands 
hereafter bounded & Described, with the Inhabitants thereon, be and' 
hereby are Erected into a Seperate & Destinct Precinct Accordingly ; 
The precinct being of the Contents of two Miles and three Quarters 
in bredth and Seven miles in length ; Bounded Westerly on a Tract 
of Land Reserved by the Town of Hadley to ly as Common forever, 
Southerly on Boston Road, Easterly on the Equivalent Lands, and 
Northerly on the Town of Sunderland And the petif' and Inhabitants 
of the Said Precinct are hereby obliged and Enjoyned within three 
Years to Build a Convenient House for the Publick Worship of God, 
Settle a Learned Orthodox Minister Among them (One of Good Con- 
versation) & provide for his handsome & honourable Support ; And 
the better to Enable them to proceed herein, It is hereby further 

Ordered that the Lands lying and being within the said Precinct 
belonging to Non Resident proprietors (not belonging to the Old Pre- 
cinct in Hadley) be and hereby are Subjected to a Tax of two pence 
(g) acre for the Space of Six years next coming to be applied for the 
Support of the Ministry there. \_Passed December 31. 



CHAPTER 190. 

ORDER IMPOWERING ROB^ HALE ESQ« TO SURVEY AND LAY OUT 300 

ACRES OF LAND. 

A Petition of Robert Hale of Beverly Esq' Shewing that his Grand- i-egisiative 

. , T., T , TT , ^. 1 • • . 1 -I-. T.- ? /-i 1 1 Records of the 

father M"" John Hale was Chaplain in the Expedition to Canada under council, xvi., 

William Phips in the Year 1690; wherein he Indured great hardships H^: . 

and did Considerable Service, and was a Great Sufferer in his Estate ^jj*i^!f i?]"'^' 
thereby ; And therefore Praying that this Court would be pleased to 
make a Grant of some of the Unappropriated Lands of the Province 
to the Heirs of the said John Hale 

Read and in Answer to this petition. 

Ordered that the pef have leave by a Survey'' and Chain men on 
Oath to Survey and lay out three hundred Acres of the Unappropri- 
ated Lands of the Province, so as not to Incommode a Township, & 



90 



Province Laws (i?eso?ves,e<c.). — 1734-35. [Chaps. 191, 192.] 



Legislative 
Records of the 
Council, xvi., 
111. 

House Jour- 
nal, pp. 149, 151. 
Ante, p. 19, 
chap. 29. 



to Return a plat thereof to this Court within twelve Months for Con- 
firmation ; to be for the use and behoofe of the heirs of the said Deced. 
[^Passed December 31 . 

CHAPTER 191. 

VOTE GRANTING A TOWNSHIP TO THE TOWN OF SALEM. 

A Petition of Daniel Epes & Benj* Brown Esq" Represent"^ of the 
Town of Salem in behalf of the said Town Shewing that it is the most 
Antient Town in the Province and very much Streightned in Lands 
Avhereon to Settle themselves and their Children ; And therefore pray- 
ing for a Tract of Province Lands lying at the head of the Main Branch 
of Swift River Southward of the New Township at Paquoig for a Town- 
ship to be Settled by the Inhabitants of the said Town of Salem 

In the House of Represent'' Read & in Answer to this petition 

Voted & Ordered that there be & hereby is Granted a Tract of Land 
of The Contents of Six Miles Square at the head of the Main or head 
Branch of Swift River Southward of & near adjoyning to Paquoig Town- 
ship And that John Wainwright and JosepJi Blaney Esq" & Col" Josiah 
Willard with such as the Hon"'''' Board shall Appoint be a Com"^'' fully 
Impowred within twelve Months to lay out the above Granted Tract of 
land and Admit Sixty Inhab" belonging to the Town of Salem, that are 
most likely to Settle and bring forward a Plant'' and that Most Need a 
Grant of Land ; The Com'"' to lay out the first division or Homelotts in 
as Defenciable a manner as Conveniently may be, the number of Lotts 
to be Sixty three, and to draw future Divisions in Equal proportions ; 
three of the aforesaid Lotts to be Disposed of, one to the first Settled 
Minister, an another^ for the Ministry, and the other for the use of the 
School, the Grants to be made and Confirmed upon the following Con- 
ditions (for the performance whereof the Committee are hereby Directed 
to take a Bond of each Grantee or Settler in the sum of Twenty five 
pounds) viz' That each Grantee be Upon the Spot and have an house 
of Seven feet Stud and Eighteen feet Square at the least Seven acres 
of Land brought to and plowed or brought to English Grass, & fitted 
for mowing ; That they Settle a Learned orthodox Minister, and Build 
a Convenient Meeting house for the Publick Worship of God, within 
five Years from their Admission, and that each Grantee pay the Com- 
mittee Five pounds Upon their Admission, which shall be used and 
Employed for defreying the Charge of the Survey the Remainder to 
be Improved for the Publick benefit of the Plant'' And upon failure of 
performance the Right of such as fail to Revert to the Province & be 
and belong to the Province as if no such Grant had been made. 

In Council Read & Concurr'd & Edmund Quincey & Francis Fox- 
croft Esq" are Joined in the affair. [Passed December 31. 



CHAPTER 192. 

ORDER ALLOWING TO JON'^ CHURCH HIS CHARGE FOR SUBSISTING AN 

INDIAN PRISONER. 



Rlfordfof the ^ PETITION of Jonathan Church Underkeeper of his Majestys Goal 
Councif, xvi., in Springfield in the County of Hampshire Shewing That by Virtue of 
}}^ an order of this Court ^ he has kept in the said Goal at his own Expence 

! Sic. 

» This order has not been found. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 91 

one Saiitagalogliese an Indian of the Onandaga Tribe Committed for House Jour- 
the Murder of au Indian of the Quoyagah Tribe Praying that he may "'^'' ^'' ^^' 
be Allowed the Charge of his keeping & that this Court would give 
further orders about him 

Read & 

Ordered That the Sheriff of the County of Hampshire be & hereby 
is directed to take Care that the within-named Santagaloghese is safely 
Conducted to the Commissioners for Managing of Indian affairs at 
Albany that so they may proceed with him & take such order concern- 
ing the Indian Prisoner as they in their purdence^ may think best and 
that the Charge of Subsisting him be Allowed & paid out of the Pub- 
lick Treasury. \_Passed December 31. 



CHAPTEK 193. 

RESOLVE ALLOWING £6,000 FOR SUNDRY GRANTS. 

Resolved that the sum of Six Thousand pounds (part of the sum of Legislative 
Ten Thousand pounds which in the last Supply of the Treasury was councif, xvi.^ 

Applied for the payment of such Matters & things as were done by V^ 

Order of the Court & for which there is no Establishment) be and House Jour- 
hereby is applied to and for the payments of such Grants as have Province ' 
been or shall be made by this Court & to and for no Other use & ^hap^'i"'' ™^' 
purpose whatsoever. [^Passed January 1 . 



CHAPTER 194. 

VOTE APPOINTING A COMMITTEE TO SEARCH THE RECORDS FOR IN- 
FORMATION IN REGARD TO THE NEW YORK COLONY LINE. 

In the House of Represent"^ Legislative 

Ordered that Samuel Welles & John Wainwright Esq" Carefully Couudi^ x^i!!^ 

Search the Records of the General Assembly as soon as may be and IH^ 

lay before this Court an acco' of the Transactions heretofore in Rela- House Jour- 
tion to the Boundary between this Province and the Colony of New yiM<e%.'87, 
York at their next Sitting In Council Read & Concurr'd & Josiah ^^^^' ^^^" 
Willard Esq'' is Joined in the affair. In the House of Represent" Read 
& Concurr'd. \_Passed January 1. 



CHAPTER 195. 

ORDER ALLOWING THE ACCO^ OF THE TREASURER OF SUFFOLK 

COUNTY. 

An Accompt presented by Samuel Checkly Esq' Treasurer of the Legislative 
County of Suffolk for the Year 1733 Having been laid before the c^uncif.xU^* 
Court of General Sessions of the peace for the said County and by ii3. 

them Allowed House Jour. 

Read & Allowed. [Passed January 1. nai,p.i54. 

1 Sic. 



92 



Province Laws {Resolves, etc.). — 1734-35, [Chaps. 196-198.] 



CHAPTEE 196. 



ORDER FOR BUILDING A BOAT FOR THE GARRISON AT CASTLE 

WILLIAM. 



Legislative 
Records of the 
Council, xvl., 
113. 

House Jour- 
nal, p. 153. 
Province 
Laws, xi., 780, 
chap. 180. 
Ante, p. 34, 
chap. 66. 



A Memorial of Spencer Phips Esq"^ Commauder of his Majestys 
Castle William Moviug That a Boat may be built for the Common use 
of the Garrison there and for the Saving of the Barge lately Built &, 
also that a shed may be built On the Island for Securing the Boats 
from the Weather in the Winter Season 

Read & in Answer to this petition 

Ordered That a Suitable Boat be built at the Charge of the Province 
for the uses mentioned in the Petition and that a Convenient Shed be 
built on Castle Island to Secure the Castle Barge from the Weather 
and that the Committee lately Appointed for Effecting the Repairs at 
Castle AVilliam are desired and Impowred to see the said Boat and 
Shed built Accordingly. [^Passed January 1. 



CHAPTEE 197. 



ORDER IMPOWERING JOS: ROW TO SURVEY AND LAY OUT 150 ACRES 

OF LAND. 



Legislative 
Records of the 
Council, xvi., 
114. Mass. 
Archives, 
xlvi., 194. 

House Jour- 
nal, pp. 145, 152. 



A Petition of Joseph Row's Shewing that he served in the Expedi- 
tion against Port Royal in the Year 1707 and Reced Several Dangerous 
Wounds which have ever since disabled him from Labour And there- 
fore praying for Relief for himself and family 

Read and 

Ordered that the Prayer of the Petition be granted, and that the 
Petitioner have leave by a Surveyor & Chainmen on Oath to Survey 
& lay out one hundred & fifty Acres of the unappropriated Lands of 
this Province adjoyning to Some Township or former Grant, and re- 
turn a Plat thereof for Confirmation. \_Passed January 1. 



CHAPTEE 198. 



ORDER STAYING 



Legislative 
Records of the 
Council, xvi., 
115. 

House Jour- 
nal, p. 154. 



CONDITIONALLY AN EXECUTION AGAINST NATH^ 
STETSON & OTHERS. 



A Petition of Nath' Stetson Elijah Stetson and Joseph Cowell Shew- 
ing That the said Nathanael was at the Court of Assize for the County 
of Essex held in May last presented by the Grand Jury for Altering a 
Rhode Island Bill of Credit of two shillings & Sixpence making it three 
pounds that on the Trial the said Nath^ being informed that the Jury 
found him Guilty with drew himself from the said Court whereby his 
Recognizance is Forfeited, and is put in Suit and Judgment obtained 
Against him and the other Pet" who were his Suretys ; And for as 
much as the Verdict of the Jury was for the said Nathanaels Acquit- 
tance Therefore praying that No Execution may be Issued on the Judg- 
ment against them 

Read & 

Ordered that the prayer of the Petition be so far Granted as that 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 93 

upon the Principals or Suretys paying into the hands of the Sheriff 
ot" the County of Essex the sum of Fifty pounds no Execution be 
Issued upon the Judgment within Mentioned. \_Passed January 1.^ 



CHAPTER 199. 

ORDER CONFIRMING A PLAT OF 150 ACRES OF LAND GRANTED TO 

ELBA: WARD. 

A Plat of One hundred and Fifty Acres of Land Surveyed by Isaac Legislative 
Learned & two Chain men on Oath to fulfill a Grant made by this Court couuc'U, xvi!|^ 
to Eleazer Ward the said Land lying South of Oxford West of New n"- Maps and 

PlflTlR IVIifi 

Sherburn being bounded South by Province Land and West on 500 viii., iV. * 
Acres of Land Called the Mine Farm laid out to N Ingham & Company Maps and 

Read & Phins, Mis., ^ 

Ordered That the plat be Accepted and the Lands within delineated House Jour- 
aud described be and hereby are Confirmed unto the said Eleazar Ward ^nte'v^u 
his heirs and assigns for Ever, provided it exceed not the quantity of chap'. 15L ' 
One hundred and fifty Acres of Land, & does not interfere with any 
former Grant, and that the petitioner his heirs or assigns Comply with 
the Conditions of the Grant. \_Passed April 9. 



CHAPTER 200. 

ORDER APPOINTING A COMMITTEE ON MOSES SPEENS PETITION FOR 
LEAVE TO SELL LAND. 

A Petition of Moses Speen of Natick Indian Shewing that he is a Legislative 
Proprietor of Land there & praying for Liberty to sell some of his Com- couuclf xvi!^^ 

mon Rights in Natick in order to his Building a Convenient Dwelling in^ 

house after the English manner for his Comfortable living in his old House Jour- 

J^ae. nal,pp.lo7,158. 

Isead & 

Ordered that M"" Ebenezer Allen and M'' Oxenbridge Thatcher be a 
Committee to whom the Consideration of this petition is Referr'd that 
they make thorough Inquiry into the Circumstances of the Pef & make 
Report to this Court in the next may Session what they think Advise- 
able to be done thereon. [_Passed April 9. 



CHAPTER 201. 

ORDER ANNEXING JOHN POND AND OTHERS TO MEDWAY. 
A Petition of John Pond iun'' Thomas Brown iun'' Samuel Pond Legislative 

Rf*('or(is of tli^ 

Richard Puffer Joseph Ellis jun'' Peter Adams Joseph Ellis Sen" & coumii, xvi., 

Samuel Fisher Inhabitants of the Northerly part of the Town of HL 

Wrentham Shewing that they Join on the Town of Medwav & are House .Tour- 

^— — ^ '^ *^ Dili \y lo9 

more Comodiously Situated to do their duty there than in The Town ' 
of Wrentham And therefore Praying that they with their Farailys & 

» Adjourned to April 9. See Legislative Records of the Council, xvi., 116. 



94 



Province Laws {Resolves, etc. ) . — 1734-35. [Chaps. 202, 203.] 



Estates may be set off from Wrentham & Added to the Towu of 
Medway. 

Read & 

Ordered That the Prayer of the Petition be Granted aud the Pet" 
with their Familys Lands and possessions be aud hereby are sett off 
from the Town of Wrentham & annexed and accounted as part of the 
Town of Medway for the future Agreeable to the vote of the Town of 
Wrentham of 11"^ day of March past. \_Passed April 10. 



CHAPTER 202. 



ORDER OF NOTICE ON THE PETITION OF THE INHAB^^ OF THE NORTH- 
ERLY PART OF BOXFOKD TO BE MADE A SEPARATE PRECINCT. 



Legislative 
Kecords of tlie 
Council, xvi., 
lis. 

House Jour- 
nal, p. 158. 



A Petition of Samuel Tyler ^ and other Inhabitants of the Northerly 
part of the Town of Boxford Shewing that they live at a Great Dis- 
tance from the place of Publick Worship in said Town So that many 
of their Familys are detained at home on the Lords day by Reason of 
that Difficulty, that they have Erected a Meeting house in that part 
of the Town And at their own Charge Supported the Preaching of the 
Gospell among them And therefore i)raying that they And their familj's 
and Estates may be freed from the Chai'ge (which they 'till now have 
born) of Supporting the Minister in the Other part of the Town and 
be Erected into a Seperate precinct by the following Bounds viz' from 
a pine tree standing in Andover line Northerly to the lower end of long 
Pond, then upon the Pond to the Upper end thereof then between Land 
of D*" Wood & Worsters farm and land of Jonathan Kymball and Samuel 
Spaford to Rogers tree, and so bounded on Rowley Bradford & Andover. 

Read & 

Ordered that the Pet" Serve the Town of Boxford with a Copy of 
the Petition that they shew Cause if any they have on the first Tuesday 
of the next may Session why the prayer thereof should not be Granted 
and the Petition is Referr'd in tlie mean time accordingly for further 
Consideration. \_Passed April 10. 



CHAPTER 203. 



ORDER GRANTING 450 ACRES OF LAND TO CAP'" JER: STEVENS. 



Legislative 
Records of the 
Council, xvi., 
118. 

House .Jour- 
nal, p. 15!t. 
Ante, p. 76, 
chap. 154. 



A Petition of Cap' Jeremiah Stevens of Salisbury Setting forth his 
Services in the late Wars with the French and Indians both as a private 
Soldier & an Officer And therefore praj'ing for a Grant of Province Land 
whereon to Settle his sons. Read & in Answer to this petition 

Ordered That four hundred and fifty Acres of Land lying on the East 
side of Merrimack River next the Grant lately made to M"^ John Blaisdel 
be and hereby is Granted to the Pef his heirs and assignes, On Condi- 
tion that the Pef his heirs and assignes do within three Years Settle 
three familys on the Granted Lands and have each of them a house 
there of Eighteen feet Square and Seven feet Stud at the least and 
also five Acres of land brought to P^nglish Grass or broke up by plow- 
ing & well Enclosed The Pet' to Return a plat of the Land to this Court 
within twelve months for Confirmation. \_Passed April 10. 

' The House Journal, p. 158, reads, "■Job Tyler, Richard Tyler and thirty-eight others." 



[1st Sess.] Province Laws {Besolves, etc.). — 1734-35. 95 



CHAPTER 204. 

VOTE APPOINTING WM DUDLEY IN PLACE OF FRANCIS FOXCROFT ON Legislative 

THE COM^EE FOR THE NEW TOWN FOR SALEM. Councff xvl"^^ 

119. 
Voted That William Dudley Esq"" be on the Committee for laying House Jour- 
out the New Township Granted to the Town of Salem in the Room of °,»i' v- i^o. 
Francis P'oxcroft Esq"" who desires to be Excused from that Service chap', m. ' 
by Reason of Indisposition. [^Passed April 11. 



CHAPTER 205. 

VOTE FOR A LAWBOOK FOR TEWKSBURY. Legislative 

Records of the 
__ , , Council, xvi., 

Voted That M' Benjamin Eliot be desired to deliver to M' Nattf ii9^ 

Patten the Clerk of the Town of Tweksbury for their use and benefit House Jour- 
one of the Province Law Books. [Passed April 11. nai, p. leo. 



CHAPTER 206. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE BOUN- 
DARY BETWEEN WRENTHAM AND BELLINGHAM. 

The Committee Appointed to Repair to the Town of Bellingham and Legislative 
Make Enquiry into and get the best Information by Records or other- councif.xvi.,^ 
wise Respecting the West Line of the Town of AVrentham so far as it ^^^- 



Affects the Town of Bellingham and to make Report how the said line House Jour- 
ought to be Settled, Report thereon as follows Anie^'i>. li. 

Pursuant to the Order of the Hon^^ Court the Committee Repaired ^^^i'- ^^• 
to the Town of Bellingham and having Considered the Pleas papers 
Evidences & Allegations of the Agents & Selectmen of the said Towns 
Respectivly, and having also Viewed the Ponds in the said Township 
of Wreutham mentioned in the Grant of said Town (when Called Wal- 
iamanupaug) by the Town of Dedham, are of Opinion that the Bounds 
of the Town of Wrentham According to the true Intent of their Grant 
ought to have been made by Extending a line five Miles West'^ from 
the Westerly part of a pond now Called Blakes pond (which the Com'^® 
Deem to be the most Westerly pond Expressed to be within the Situa- 
tion of the Lotts) Yet in as much as it Appears that the bounds have 
been Run otherwise by the Select men or Com"" of Dedham & Wren- 
tham long agoe before Bellingham was a Township & Since they were 
made a Township the Select men or Agents of the said Towns of Wren- 
tham and Bellingham Respectivly did Mutually Agree upon & acknowl- 
edge one Marked Tree being a Great Red oak marked on four sides & 
standing about ten or twelve Rods from Charles- River near the north 
End of the line as Appeared by Evidence The Committee are therefore 
humbly of Opinion that (as a final Issue of all Disputes between said 
Towns of Wrentham & Bellingham) the bounds between them at the 
Westerly End of Wrentham be henceforth Stated & Ascertained by line 
drawn so far as it Relates to said Town Strait North & South & par- 
rellel with their east line from said Marked tree. In the name & by 
order of the Comm'*^ Samuel Thaxter 



96 



Province Ija^y^ {Resolves, etc.) . — 1734-35. [Chaps. 207-209.] 



Read & 

Ordered that this Report be Accepted and that the lioes between the 
Towns of Wrentham & Bellingham be Stated Accordingly. [^Passed 
Ajyril 11. 



CHAPTER 207. 



VOTE GRANTING TO JOHN CHANDLER JUN^^ ESQ" 150 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 
120. 

House Jour- 
nal, p. 162. 



A Petition of John Chandler jun' Esq"^ Praying The Grant of a 
Small Tract of the wast Laud of the Province upon such Conditions 
as this Court shall Judge fit in consideration of the Pet" and his Ances- 
tors Services performed for the Province in times past. 

Read & in answer to this petition 

Voted that One hundred and fifty Acres of the Unappropriated Lauds 
of the Province be and hereby is Granted to the pet' his heirs & assignes 
lying uext to Some former Grant on the Condition that the Pet"" his 
heirs or assignes do within three Years Settle a Good P^uglish Family 
on the Granted premisses and have a house there of Eighteen feet Square 
aud Seven feet Stud at least and also five Acres of Laud brought to Eng- 
lish Grass or broke up by plowing and well Inclosed, and that the Pef 
Return a Plat of the Grant within twelve Months to this Court for Confir- 
mation to the Pet' his heirs and assignes Accordingly. [^Passed April 11 . 



CHAPTER 208. 



ORDER OF NOTICE ON MARY MELLIDGES PETITION FOR LEAVE TO 
BRING AN ACTION. 



Legislative 
Records of the ■ 
Council, xvi., 
1-20. 

House Jour- 
nal, p. 161. 



A Petition of Mary Mellidge of Boston shewing that her father 
Nath^ Adams After the Death of her Mother & during the Minority 
of the Pef sold part of a House and Land in Boston which was her 
Mothers Estate now in the possession of M' Jonathan Jackson, that 
the Pet"' Deferr'd bringing her Action for Recovery of her Right because 
of her being Unable to be at the Charge of it, and She is now informed 
that she is Shut out by Law ; And therefore Praying for the order of 
this Court to bring her Action as aforesaid. 

Read & 

Ordered that the Pet"^ Serve M"" Jonathan Jackson wuth a Copy of 
this Petition that he shew Cause if any he have on Wednesday next 
why the prayer thereof should not be Granted.^ \_Passed Ajiril 11. 



CHAPTER 209. 

ORDER DIRECTING SAM^ GERRISH TO PERFECT THE RECORD OF 

DEEDS. 



Legislative 
Records of the 
Council, xvi., 
121. 

House Jour- 
nal, pp. 159, 163. 



A Petition of Samuel Gerrish Register of Deeds for the County of 
Suffolk Shewing that thei'e were Divers Deeds left in the Office at the 
Death of John Ballantine Esq' the late Reg' which the Pet' hath Since 
Recorded but has not Signed the Record Apprehending that he has not 

1 At the hearing April 18, 1735, House Journal, p. 181, the petition was dismissed. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 97 

power by Law to do it that there ai'e above five hundred Deeds enti'ed Province ^^_ 
in the Books but the Books not Signed by the late Register Praying that note. ' 
this Court would give him proper directions in the premisses. 

Read & 

Voted that the Petitioner M"" Samuel Gerrish Register of Deeds for 
the County of Suffolk be and hereby is P^nabled and Directed to Cer- 
tif}' the Record of the Deeds he found in the Office (and has Since 
Recorded) According to the time of their Reception into the office 
noted on the said Deeds and if any shall not be so Noted then their 
Reception to bear date the first day of his taking the Office And that 
the Records of the Deeds Entred in the Books before he came into the 
Office but the Book not Attested be Compared with the original by 
the said M"^ Gerrish and by him Certified which attestation is hereby 
Declared Good and valid ; And whereas some of the Original Deeds 
may be in the possession of the Ow^ners and therefore the Record can- 
not be compared with them to Remedy this the Register is hereby 
directed to Notify in the Publick News papers that all persons who 
have Deeds Recorded and not Attested as soon as may be bring their 
Deeds to the said Office. \_Passed April 12. 



CHAPTER 210. 

ORDER GRANTING FURTHER TIME TO THE COM^ee FOR UPPER HOUSA- 

TANOCK AFFAIR. 

A Petition of John Ashley Esq'' and M'' Thomas Ingersol two of the Legislative 
Committee of this Court Appointed to take Care of the Settlement of council^, xvi!!^ 

the Upper Township at the Housatanuck River Shewing that they have 12^^ 

proceeded with all diligence in the affair but have Met with Obstruc- House Jour- 
tions more Especiall}^ fi'om the Burning of the House of M"" John Pell prov'ince^' 
of Sheffield Surveyor where their papers were lodged and Consumed; Laws, xi., 728, 
And therefore praying that this Court would allow them one Years 
time longer for giving in their Report about the Settlement there 

Read & 

Ordered That the prayer of the petition be Granted and the Pet" are 
Accordingly Allowed twelve months more time from the former order 
to see the Settlement brought on according to order and Report their 
doings thereon to the Court. [^Passed Ajyril 12. 



CHAPTER 211. 

ORDER ADDING THE NAME OF PETER PRESCOT TO THE LIST OF NAR- 
RAGANSETT SOLDIERS. 

A Petition of John Symonds Represent* of the Town of Boxford ^''f^®'?*'*^f .v^ 
Shewing That the said Town have been Charged with the Support of council, xvi., 

the Widow of Peter Prescot who was a Soldier in the Narraganset War ^J^ 

but his name Neglected to be Entred in the List ; Praying that it may House .Jour- 
be now Entred, and that the said Town may have the benefit of his province ' 
Right in part to Reimburse their further Charge ^hap!'7'L '' ^^^' 

Read & 

Ordered that the Prayer of the petition be Granted, and that a full 
share of a Narraganset Right be and hereby is Granted to the Town 
of Boxford and their Assignes in consideration of the Services of the 



98 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 212, 213.] 



said Peter Prescott who was a Soldier at the Narraganset Fort Fight 
as appears by a Certificate of the Hon''''' Timothy Lindall Esq' and the 
said Right be brought forward in the List of Narraganset Soldiers now 
taking & not before Allowed. \_Fassed April 12. 



CHAPTER 212. 



ORDER OF NOTICE ON JN'^ MOOREY & JN" SMITHS PETITION FOR 
LEAVE TO BRING AN ACTION. 



Legislative 
Records of the 
Council, xvi., 
122. 

House Jour- 
nal,pp.l65, 166. 



A Petition of John Moorey of London and John Smith of the Same 
place heir at Law to Thomas Smith deced which said John Moorey and 
Thomas Smith are heirs at Law to Nicholas Moorey late of Dighton 
within this province Deced Shewing that Charles Joslyn of Dighton 
Recovered Judgment Against the said Nicholas Mooreys Estate Under 
the Administration of his widow in a plea of Debt for £239 & Costs and 
Execution thereof was levied on a peice of Land at Dighton containing 
about twenty Acres that the said John Moorey & Thomas Smith teudred 
the said Joslyn the said Money with Interest and Upon his Refusal to 
Receive it and deliver up the Land they filed their Bill for Redemption 
of the premisses in the Clerks office of the Sup" Court In December 1733 
but before the same could be brought to a Trial the said Thomas Smith 
died and thereupon the said Plaint was Disraiss'd ; And for as much as 
the petitioners are without Remedy in the Ordinary Course of the Law 
Praying for an order of this Court for Reviving the said Plaint or to 
Impower the Pet'' to file a New Bill and to Oblige the said Joslyn to 
Answer thereunto, and the Court to proceed thereupon as they would 
have done on the former Bill in Case it had not failed by the Death of 
the said Thomas Smith 

Read & 

Ordered That the Pet' Cause Charles Joslyn to be Served with a 
Copy of this Petition, that so he may shew Cause on the Second Tues- 
day of the next May Session, if any he have, why the Prayer thereof 
should not be Granted ; and this petition is Referr'd to that time 
Accordingly. [Passed April 12. 



CHAPTER 213. 



ORDER ERECTING DIVERS INHABITANTS OF TAUNTON AND DIGHTON 
INTO A SEPERATE PRECINCT. 



Legislative 
Records of the 
Council, xvi., 
123. 

House Jour- 
nal, pp. 164, 165. 
Province 
Laws, ii., 741, 
chap. 19. Ante, 
p. 65, chap. 
131. 



On the Petition of Divers Inhabitants of Taunton and Dighton 
Praying for a Township [ante, p. 65, chap. 131] 

Read together with the Answers of the Adverse partys, and the same 
being fully considered 

Ordered That the Prayer of the Petition be Granted and the Pet" 
with their familys and Estates be and hereby are Erected into a Sep- 
erate & Destinct Township, Exclusive of John Spar Nicholas Stevens 
Ebenezer Pitts Abram Tisdale Israel Tisdale & John Tisdale with their 
Estates as also assonet neck with the Inhabitants Provided the said 
Town pay towards the Repairing and Maintaining the Bridge over the 
Great River in Taunton in proportion to what they paid in the last 
Province Tax and that the Pet" have leave to bring in a Bill Accord- 
ingly. [^Passed April 14. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 99 



CHAPTEE 214. 

VOTE IMPOWERING THE TOWN OF GROTON TO SURVEY AND LAY OUT 
10,800 ACRES OF LAND. 

A Petition of Benjamin Prescot Represent* of the Town of Groton Legislative 
in behalf of the said Town, Shewing that the original Grant of the said coun^d^ xvi!'^ 
Town was for the quantity of Six miles Square that altho a plat was lu, 123. ' 
taken Yet it never was Confirmed till the Year 1717 which was after HouseJour- 
the Town of Littleton was Granted which took 3,000 Acres from Gro- 1"^^' 'Kince' 
ton, & Willards & Reads farm, lying within the bounds of Groton Laws, ix., 435, 
took of about 1,300 Acres more so that the Proprietors of Gioton chap.' io4.' '"*'' 
have 4,300 Acres of land less than they ought to have According 
to their Original Grant And therefore praying that this Court would 
Grant to the Proprietors of the Undivided Lauds in Groton a Gore 
of Province Land lying between Dunstable & Townshend or some 
other Land as an Equivalent for what is t^en from them as afore- 
said 

Read & in Answer to this petition 

Voted That a Grant of Ten thousand Eight hundred Acres of land 
lying in the Gore between Dunstable and Townshend be and hereby 
is made to the Propriet"^' of the Town of Groton as an Equivalent for 
what was taken from them by Littleton & Coyacus or Willards farm 
being about two Acres & an half for one, & is in full Satisfaction 
thereof & that the said Proprietors be & hereby are allowed & Im- 
powred by a Survey"' & Chain men on Oath to Survey & lay out the 
said Ten Thousand Eight Hundred Acres in the Gore, and Return a 
Plat thereof to this Court within twelve mouths for Confirmation to 
them their heirs and assignes forever. \_Passed April 15. 



CHAPTER 215. 

ORDER ON HASSINAMISCO PETITION TO BE ERECTED INTO A TOWN. 

A Petition of the Committee of the Proprietors of Hassinamisco, Legislative 
Shewing that the said Proprietors Saving two or three have fully Com- councif, xvi!!^ 
plyed with the Orders of the General Court Referring to the said Plan- I'^'t- 
tation, that they find Great Inconveniencys for want of the priviledges House Jour- 
of a Town ^ praying that they may be vested with the same Provinc^f' 

Read & Laws, ii., 743, 

Ordered That the prayer of the petition be Granted and the Peti- 233,Vhap.'36'. 
tioners are allowed to bring in a Bill Accordingly. \_Passed April 15. 



CHAPTER 216. 

VOTE GRANTING 2,629 ACRES OF LAND TO THE TOWN OF ROXBURY. 

A Petition of William Dudley Esq"" and others a Committee for the Legislative 
Town of Roxbury Shewing That the General Court of the late Colony councn", xvi.*!^ 
of the Massachusetts Bay Granted to the said Town Four Thousand i"^4. 
Acres of Land in consideration of their being Straitned by the Town House Jour. 

° '' nal,pp.l60,165. 

> The town was called Grafton. 



100 Province Laws {Resolves, etc.). — 1734-35. [Chap. 217.] 

of Dedham, of which Thirteen hundred and Seventy one Acres only 
has been taken up ; And therefore praying liberty from this Court to 
talie up the Remaining Two Thousand Six hundred & twenty Nine 
Acres 

Kead and 

Voted that for as much as it appears that there was Granted to the 
Town of Roxbury Anno Dom^ 1638 Four Thousand Acres of Laud and 
Since that time there has been Granted and taken up of the said Four 
. Thousand Acres to Sundry particular persons interested therein by the 
Distribution Recorded in the Records of said Town Thirteen hundred 
& Seventy One Acres and no more, Therefore that the Remaining two 
Thousand Six hundred and twenty Nine Acres be Allowed to be taken 
up of the Unappropriated Lands of the Province where it will not Ob- 
struct the being of a Plantation and Surveyed by a Surveyor and Chain 
men on Oath at the Cost and Charge of the Town of Roxbury, & be by 
them Distributed in the proportion and to the Legal Represent*'' of the 
persons that have not Received their part According to the List thereof 
in the Records of Roxbury in full Satisfaction of this Grant. \_Passed 
April 15. 



CHAPTER 217. 

ORDER CONFIRMING A PLAT OF 1,500 ACRES OF LAND TO CAP^ NOAH 

WISWALL & COMPA. 

Legislative A. Plat of Fifteen hundred Acres of Land Granted by the General 

Records of the „ a a a\ i-\n^ i o i t i , i • t it-. , „ i 

Council, xvi., Court to the Omcers and Soldiers and their Legal Represent* who were 

pfa'ns^WHs.^^'^ ^^ ^^^ fight at Lamprey River under the Command of Cap' Noah Wis- 
X-, 3. ' wall laid out by Joseph Wilder Survey' and Chain men on Oath, lying 

Maps and between the Towns of Lunenburg and Rutland East of the Wachuset 

x! 3!^' House Hills bounding Easterly partly on the Additional Grant to Lancaster 
Joiirnai, p. 168. and partly on Common lands Northerly partly on Common lands and 
chap'. 152'. ' partly on the South line of the Town of Lunenburg, Westerly and 
Southerly on Common land, begining at a Pillar of Stones in Lancas- 
ter line thence Runing North 25. 00. East with said Lancaster line two 
hundred & forty Rods to a heap of Stones, thence West 10. 00 North 
two hundred & Eighty Rods to a heap of Stones, thence North 12. 00 
East four hundred Rods to a Chesnut Tree standing in Lunenburg line, 
thence West 11° 00. north with said Lunenburg Line four hundred Rods 
to a heap of Stones, thence South 15°. 00 West five hundred and thirty 
two Rods to a heap of Stones, thence East 21. 00 South One hundred 
and twenty Rods to a heap of Stones, thence North 15. 00 East Sixty 
four Rods to a pine tree, thence East 21. 00 three hundred and twenty 
Rods to a heap of Stones, thence South 15. 00 West Sixty four Rods 
to a heap of Stones, thence East 21. 00 South One hundred & Seventy 
two Rods to the place where it began 
Read and 

Ordered That the plat be and hereby is Accepted and the Land therein 
delineated and described is accordingly confirmed unto the said Ger- 
shom Flagg, and the other Grantees mentioned in their petition granted 
by this Court in December last, their heirs and assigns respectively for 
Ever, provided they fulfill and duly Comply with the Conditions of 
the Grant, provided also the plat exceeds not the quantity of fifteen 
hundred Acres (As the same has been laid out & surveyed by Joseph 
Wilder surveyor and two Chain men on Oath) and does not interfere 
with any former Grant. \_Passed April 15. 

> Sic. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 101 



CHAPTEE 218. 

RESOLVE ON THE ACT FOR THE SUPPORT OF THE MINISTRY. 

A Question Arising Upon a Paragrapli of an Act passed in the Legislative 
fourth and fifth Years of the Reign of King William and Queen Mary couucif xvi^^ 
Chap. 21" Whether by the Power declared to be in a Gathered Church 125. 
in any Town or Place within this Province to Chuse a Minister be In- House Jour- 
tended that such persons as are or have been taken into Communion 174'.' ^prov'ince' 
with Such Church altho they dwell without the Bounds of the Town Laws, i., 102, 
place or precinct where the Church be Authorized or Supposed to have note!' ^' ^^' 
power to vote or Act in Inviting calling Settling or Seperating from 
the Minister of such Church. It was 

Resolved in the Negative and Declared that no person in Communion 
with any Church and dwelling without the Limits of the Town or pre- 
cinct to which such Church belongs and by which Town or precinct 
cannot be Rated or Taxed for the Support of their Minister hath nor 
ever had nor ought to have any vote or power of Acting in inviting 
calling Supporting Continuing or Seperating from such Minister or 
any other affair that may Affect the Interest or Charge of any Town 
or precinct. \_Passed April 16. 



CHAPTER 219. 

VOTE GRANTING POWER TO TOWNS TO CHOOSE SURVEYORS OF HEMP 

AND FLAX. 

Voted that it shall be in the power of any of the Towns in this Legislative 
Province who have not Chosen a Surveyor of Hemp and Flax for the councif xvi^* 
Year Currant to Chuse that officer at a Regular Town Meeting any i-25. 
time in the Mouth of May next the Act for Encouraging the Raising House Jour- 
of Hemp and Flax within the Province directing the Choice of that pro^jnce^' 
Officer not having Reached many of the Towns in the Month of March Laws, ii., 737, 
last. \_Passed April 16. chap. 15. 



CHAPTER 220. 

VOTE GRANTING FURTHER TIME FOR MAKING OUT THE LISTS OF 
RATEABLE ESTATES. 

Whereas in and by the Act P^ntituled an Act for Enquiry into the Legislative 
Rateable Estate of this Province passed the last Sitting of this Court j^^^Tn® ^-t!^^® 

the Assessors of the Several Towns for the 1 ear Currant were Directed 126^ 

at or before the tenth day of April Instant to take a true and faithful! House Jour- 
list or Account of said Estate and many of the Towns of the Province provm'cl^^' ^^^" 
not having Reced the Act timely for the Assessors to do their duty Laws, ii., 736, 
and Service therein directed " ^^^^' ^*' 

Voted that the time for the Assessors taking said list be lengthned 
out to the Twentieth day of May next when the Respective Inhabitants 
are to give the same Acco* of their Polls and Estates Real and personal 
as they should have done on the said tenth of April at or before which 



102 



Province Laws {Iiesolves,etc.). — nM-35. [Chaps. 221-223.] 



Legislative 
Becords of the 
Couucil, xvi., 
91, 126. 

House Jour- 
nal, p. 126. 
Province 
Laws, ix., 94, 
chap. 117. 



period the said Assessors are strictly Eujoyned to do the Duty and Ser- 
vice therein Required on the penalty in the said Act mentioned. \_Passed 
April 16. 



Legislative 
Records of the 
Council, xvi., 
12G. 

House .Jour- 
nal, p. 158. 
Ante, p. 76, 
chap. 154. 



CHAPTER 221. 

ORDER IMPOWERING THE HEIRS OF CAP^ JOHN MYLES TO SURVEY 
AND LAY OUT 600 ACRES OF LAND. 

A Petition of John Miles Sarah Price & Ann Creese Children & 
heirs of Cap' John Miles deced, Shewing That he Served the Province 
as Commander of the Sloop Phinex, that he Convoyed a Great Number 
of Vessells in time of War and protected them from the Enemy ; that 
he lost his life in a Fight with a French privateer; by which his Family 
were great Sufferers ; And therefore praying that the pet" may have 
Some Allowance from this Court for the same. 

Read & in Answer to this petition 

Ordered that the pet''^ have leave by a Surveyor and Chain men on 
Oath to Survey and lay out Six hundred Acres of the Unappropriated 
Lands of the Province Adjoyning to some Township or former Grant 
and Return a plat thereof to this Court within twelve Months for Con- 
firmation to them their heirs & assignes for Confirmation. [_Passed 
April 16. 



CHAPTER 222. 

ORDER GRANTING TO M^ JN^ BLAISDELL AN ADDITIONAL 100 ACRES 

OF LAND. 

A Petition of M"" John Blaisdel of Amesbury Shewing that the three 
hundred Acres of land on merrimack River which was Granted him on 
Condition of his Settling two familys is so mean as it is not Capable of 
Supporting two familys And therefore praying for Addition of Laud to 
the Eastward of said Tract. 

Read & in Answer to this petition 

Ordered That One hundred Acres of The Province Land lying P^ast- 
ward of the three hundred Acres within mentioned be and hereby is 
Granted to the Pef his heirs and Assignes and that he Return a Plat 
of the w4iole to this Court within twelve Months for Confirmation. 
[^Passed April 16. 



CHAPTER 223. 

ORDER IMPOWERING SAMUEL KNEELAND TO SURVEY^ AND LAY OUT 
250 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 
115, 127. 

House Jour- 
nal, pp. 154, l.W. 



A Petition of Samuel Kneeland of Boston Shewing that he has 
officiated as Clerk to the Narraganset Company and has Si)ent much 
time and Labour in that Service, Whereby he has not only Served the 
said Company but Eased the Committees of the General Court of a 
Great Deal of Trouble in finding out Mistakes in the Lists & Rectify- 
ing tliem, for which he has not Received any Satisfaction; And there- 
fore praying for a Grant of Province Land 

Read & in Answer to this petition, 



[1st Sess.] Province Laws {Resolves y etc.). — 1734-35. 103 

Ordered that the Pef have leave by a Survey^ and Chaiumen Under 
Oath to Survey and lay out two hundred and fifty Acres of the Unap- 
propriated Lands of the Province, lying between Lancaster Lunenburg 
& Rutland and one of the Narraganset Towns, near Wachuset, Adjoyn- 
ing to the said Narragansett Town, and Return a plat thereof to this 
Court within twelve Months for Confirmation. {_Passed April 16. 



CHAPTEK 224. 

ORDB ALLOWING £7 TO CAP^ DANi- HENCHMAN. 

The Kemains of a Nntnber of Bills of this Province of the value of i*'?'^!f*^^i'.,^ 
Seven pounds Saved out of the Fire which lately consum'd an house Council, xvi., 

in Connecticutt being the property of Cap' Daniel Henchman of Bos- ^^ 

ton being laid on the Table Hoi^se Jour- 

Ordered that M"" Treasurer Allen be and hereby is directed to Ex- 
change the Remains of said Bills & deliver Bills of this Province to 
the value of Seven pounds to the said Cap' Dan^ Henchman ; said 
Remains to be burnt when the next torn & defaced Bills of this 
Province shall be burnt. [^Passed April 1 7. 



CHAPTER 225. 

VOTE FOR A LAW BOOK TO THE TOWN OF LITCHFIELD. 

Voted that M'' Benjamin Eliot be desired to Deliver to M'' Aquila Legislative 
Underwood Town Clerk of the Town of Litchfield One of the Province coSndi' xv^ 
Law Books at the Publick Charge to be for the use of the said Town, i-"- 



[Passed April 1 7. House Jour- 

•- nal, p. 176. 

CHAPTER 226. 

VOTE ERECTING INHABITANTS OF MENDON AND UXBRIDGE INTO A 

TOWNSHIP. 

The Committee Appointed bv the General Court Decern" 26: 1734 J^egisiative 

KGCorfls oi the 

to Repair to the Outlands of the Several Towns of Mendon, Uxbridge, council, xvi., 

Sutton & Hopkinton petitioned for by John Hazelton and Others and ^ 

Surveyed by M"^ John Jones Survey"' and Described in a plan preferr'd B®^*®'J?"^ftu 
With the said petition, & Containing in the whole Twelve Thousand Council, xvi., 
Nine hundred & forty Acres to be set off and be Erected into a Sep- jo'iJrnai,^""^^ 
erate Townshii),^ Having Accordingly Repaired to the said Land Care- pp. 140,175. 

o ^/ r^ Province 

fully viewed the same, and heard the partys are humbly of Opinion Laws, ii., 764, 
that all the aforesaid lands together with an Addition of One hundred 765"^^cijap 'I43 
& fifty one Acres taken off M"' John Rockwoods Farm as also another 
Addition of Thirty five Acres taken off M"" Tjders Farm, which will 
Straiten the lines of said Township, And the whole is Agreeable to 
and in all Respects described by a plan herewith presented & Sur- 
veyed by John Jones P^sq'' Containing in tlie whole (Including the 
aforesaid Additions) Thirteen Thousand One hundred & Nineteen 
Acres) be Sett off a Seperate and Distinct Township^ And that the 
Inhabitants of said Townships be vested with all the powers and 

• The town was called Upton. 



lOi 



Province Ijaws (Besolves, etc.) . — 1734.-35. [Chaps. 227, 228.] 



Immunitys that other Towns within this province by Law do or ought 
to Enjo}' 

In the name & by order of the Com*^^ Eben'' Burrill 

Boston Ap^ 10. 1735 
In Council Read & Accepted with the Amendm' viz' The whole of 
M' Tylers Farm to be taken off. In the House of Represent'' Read 

& Concurr'd. [Passed April 17. 



CHAPTER 227. 



ORDER IMPOWERING JOHN OVERING ESQ« TO SURVEY AND LAY OUT 

250 ACRES LAND. 



Legislative 
Records of the 
Council, xvi., 
1-29. 

House Jour- 
nal, pp. 170, m. 



A Petition of John Overing Esq' Shewing that for divers Years 
past he has Attended the Court of Assize as Council for the King in 
Capital and other Criminal Cases, and has been at great pains and 
Expence in doing those Services in the Most Remote parts of the 
province and praying for Some Recompence from this Court Read 
& in Answer to this petition 

Voted That two hundred and fifty Acres of the Unappropriated Lands 
of this Province be and hereby are Granted to tlie petitioner John Over- 
ing Esq'' his heirs and assignes and that he be allowed and Impowred 
by a Surveyor & Chain man on Oath to Survey and lay out the said 
Grant so as not to prejudice the Settlement of a New Town and to lay 
it next to some former Grant A Plat thereof to be Returned to this 
Court within twelve Months for Confirmation to the Pef his Heirs & 
Assignes forever. [Passed April 17. 



CHAPTER 228. 



Legislative 
Records of the 
Council, XV., 
504; xvi., 94, 
129. 

Mass. 

Archives, cxv., 
830. Maps and 
Plans, 5Iis., 
ix., 13. House 
Journal, 
pp. 134,140,141 
(February, 
1733) ; pp. 114, 
178. 



VOTE ON THE PETITION OF THO» WELLS & W=« RICHARDSON. 

A Petition of Thomas Wells «fe William Richardson in behalf of 
them selves & others to the Number of ninety five, who have with 
great Labour & Charge cleared a way from Lancaster to Sunderland ;^ 
which will be greatly for the Service of the Province, Praying in con- 
sideration thereof for a Tract of Land for a Township.^ 

In the House of Represent'' Read & 

Ordered that this Petition be Revived, and in Answer thereto. 

Voted that the prayer of the petition be Granted, and that the pef' 
be allowed and impowred by a Survey"" and Chainmen on oath to Sur- 
vey and lay out a Tract of the Unappropriated Lands of this Province 
of the Contents of Six Miles Square, and Return a plat thereof to this 
Court for Confirmation in twelve months, the land to be laid out at or 
near the highway the Pet"^' have laid out & Cleared from Lancaster to 
Sunderland as by the Plat Accom[p]anying the Petition Appears, and 
Adjoyning to the Equivalent lands and lladley Farms near Sunderland, 
and over or above the aforesaid Way so as not to prejudice the laying 
out a Town ; Which Grant is hereby made to the Ninety five Pet" who 
have Subscribed the petition and in Satisfaction for their Service in 
Clearing the said Way and upon their performing the following Con- 
ditions viz' That the Grantees within the Space of four Years after the 

» The House Journal, p. 114, reads, " Lancaster to Deerfield." 
2 The town was called Roadtown, afterwards Shutesbury. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35 105 

Return or Acceptance of the Plat shall Settle Sixty familys on the said 
Lands each of whom to Build a Dwelling house of Seven feet Stud and 
Eighteen feet Square, Clear and break up four Acres of Laud for Till- 
age, Clear and Stock four Acres for P^nglish Grass, and also lay out 
three Lotts thro out all their Divisions in Equal Shares with the Sixty 
Other Proprietors Lotts, one whereof to be for the first Settled Minis- 
ter, One for the Ministry, and One for the School, and also that they 
Build a Convenient Meeting house, and Settle A Learned & orthodox 
minister, And that the Grantees further Clear and fit the aforesaid high- 
way for a Good Cart way all which Conditions to be performed within 
the said Term of four j^ears And in Case any of the Grantees shall fail 
of performing the Conditions aforesaid Such Respective Grantees Lotts 
shall Revert to the Province ^ 

In Council Read & Concurr'd with the Amendments viz' provided 
each Grantee Give Bond in the sum of Forty pounds to the Treas- 
urer of the province for the time for the fulfilling the Conditions of 
this Grant And that Edmond Quincey Esq'" with such as shall be joined 
by the Hon'''*^ house of Represenf^ be a Committee to take Care that 
Bonds be given Accordingly The said Township to ly within the County 
of Hampshire 

In the House of Represent" Read & Concurr'd and John Chandler 
Esq'' and Cap' Ephraim Wilder are Joined in the affair.^ [Passed 
April 1 7. 



CHAPTEK 229. 

VOTE ON THE PETITION OF EPH HILDRETH & JOHN SHIPLEY FOR A 
GRANT OF LAND FOR A TOWNSHIP. 

A Petition of Ephraim Hildreth «fe John Shipleigh for themselves Legislative 
& others Soldiers under the Command of Cap' Will'" Tyng deced Shew- counc*if, x^k,^ 
ing that they Served the Province as Voluntiers in the Indian War & 88, i-29. ' 
in the Year 1703 performed a hard & difficult March in the Winter House Jour-^ 
Season with Snow Shoes as far as Winuepesocket Lake &, Killed Six n^^g.' ^provVn Jl' 
of the Enemy that the said Company were the first that attempted Laws,viii.,42, 
to March against the Enemy with Snow Shoes Since which the same ^ ^^' 
Method has been followed with Great Success Against the Indians 
And therefore praying for a Grant of Land of Six Miles Square for 
a Township for the officers & Soldiers of said Company now living & 
the Represent" of those that are Deceased. 

In the House of Represent" Read «fe 

Ordered That the peti''' have leave by a Surveyor and Chainmen on 
Oath to Survey & lay out between the Townships of Litchfield & Sun- 
cook or Lovels Town on the East side of Merrimack River the Quan- 
tity of Six Miles Square of Land Exclusive of Robert Rands Grant 
and the three Farms pitched Upon by the Hon''^^ Samuel Thaxter John 
Turner and William Dudley Esq'' to Satisfy their Grants and also Ex- 
clusive of Two hundred Acres of Land at the Most Convenient place 
at Ameeskeeg Falls ; which is hereby Reserved for Publick use and 
benefit of the Inhabitants of this Province for the taking & Curing of 
Fish there And that they Return a Plat thereof to this Court within 
twelve Months for Confirmation to the Pet'' & their associates their 
heirs and assignes Respectivly Provided the Grantees do Settle the 
abovesaid Tract with Sixty familys within four years from the Con- 

» The Council at first noncurred in this vote, but afterwards reconsidered, and then took 
the action following. 

■■i The record of the foregoing in the Mass. Archives is confused. 



106 



Province Laws {Resolves^ etc.). — 1734-35. [Chaps. 230, 231.] 



firmation of the Plat each family to have au house of Eighteen feet 
square and Seven feet Stud at least and four acres brought too & 
Plowed or Stocked with English Grass and fitted for Mowing and also 
lay out three lotts with the Others one for the first Minister One for 
the Ministry and one for the School and within the said Term Settle 
a Learned Orthodox Minister and Build a Convenient House for the 
Publick Worship of God And whereas Divers persons for whose Merit 
this Grant is made are deceased It is further 

Ordered That the Grant shall be and belong to some one of his Male 
Descendants wherein the preferrence shall be Given to the Eldest Son 
And further it is 

Ordered that these persons Shares in this Grant shall Revert to the 
Province who shall not perform the Conditions as above 

In Council Read and Concurr'd with the Ainendments viz' That the 
Tract of Laud therein Granted Extend three Miles Eastward from the 
River Merrimack conformable to the Settlement of the Divisional line 
betwixt this province and the province of New Hampshire Made by 
Order of King Charles the Second in Council in the twenty Ninth Year 
of his Reign Anno Dom' 1677, that the Grantees be Admitted by a 
Committee of this Court who shall take Care that Bonds be given for 
their Respective i)erformance of the Conditions of this Gi'ant to the 
Treasurer of the Province for the time being to the value of Twenty 
pounds for each Grantee, as well by such as personally appear as by 
those who are Deseudants as abovesaid who may Appear by their 
Guardian or next Friend, And that William Dudley Esq"" with such as 
shall be Joined by the Hon''''' House of Represent" be a Committee for 
the purpose above mentioned 

In the House of Represent" Read & Concurr'd and Col° Prescott & 
Cap' Tomson are Joined in the affair. \_Passed Ajyril 17. 



CHAPTER 230 



ORDER FURNISHING LAW BOOKS TO THE TOWNS. 



Legislative 
Records of the 
Council, xvi., 
130. 

House Jour- 
nal, p. 184. 



Ordered that such of the Towns of this Province as have not already 
had a Province Lawbook and such Towns as shall hereafter be Erected 
and Constituted by this Court shall be furnished with one of the Prov- 
ince Law Books at the Province Charge. [^Passed April 18. 



CHAPTER 231. 

ORDINANCE REFERRING TO THE SAFE KEEPING OF THE ROLLS OF 

ACTS. 



Legislative 
Records of the 
Council, xvi., 
130. 



An Ordinance for the better preserving the Acts or Laws of this 
Province from Damage by Vermin, as also in Aid of some that are 
already Damnified 

Whereas Fifteen of the Acts or Laws of this Province enrolled on 
Parchment upon Search are found to be much Damnified by Vermin 
and Otherwise The Titles whereof together with the Circumstances and 
Conditions wherein they are found are Contained in a Schedule hereto 
annexed as also one more Act or Law Entituled an act for affirming 
former Judgments and providing for Executions not to be found in 
the Parchment But for as much as all the said Sixteen Acts had the 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 107 

Royall Approbation in the Reign of the late King William the third 
and are Entred at large in a Book of the Acts or Laws of this Prov- 
ince Compared and Attested by the late M'' Secretary Addiugton and 
not only so but printed in an Old Lawbook of the said Secretaiy Adding- 
tons Certified by S' William Phipps then Governour Under his own hand 
Writing and Countersigned by the said Secretary with the Seal of the 
Province Annexed which now belongs to the Province by the Gift of 
the Hon'''* Addington Davenport Esq\ 

Be it therefore Ordained By His Excellency the Governour Coun- 
cil and Represent'' in General Court Assembled and by the Authority 
of the same That the Sixteen Acts aforesaid be fairly Engrossed in 
Parchment and the fifteen of them which are found Defaced be An- 
nexed to the Transcripts Respectivly and that a proper Certificate be 
Entred on each of the Transcripts Respectivly in the name and by 
Order of the General Court, to be Lodged with the Publick Records 
of the Province, The Certificates to take Notice of the said Acts being 
all Signed by S"' William Phips Governour at that time, and Counter- 
signed by the Secretary Under the Seal of the province, & that they 
all had the Royall Sanction, & that they are all Entred at large in a pub- 
lick Book of Records of the Province Compared and Attested by M"" Sec- 
retary Addington ; and to prevent any hurt to the Rolls of the Acts or 
Laws of the Province for the future either by Vermine or the Decay of 
time 

Be it further Ordained by the Authority aforesaid that they be 
Deposited by the Secretary for the time being in a Box or Boxes of 
AVood «& Covered with Tin to be prepared for that purpose and that 
the printed Law Book before mentioned be Lodged in the Secretarys 
office with the Publick Records of the Province.^ \_Passed April 18. 



CHAPTER 232. 



VOTE ON ROXBURY AFFAIRS. 



A Petition of Joseph Heath Esq'' and others a Committee of the first Legislative 
Parish in Roxbury Shewing that they are in difference with the other councif.xvi.,^ 
Parish Respecting the Bounds between them, who have Misconstrued i'^"' ^^i- 



the Order of the General Court for Setting them off ; And therefore House Jour- 
praying that a hearing may be had of their Affair before the AVhole isi.'^'proYince' 
Court, that so Evidences in the Case may be produced & Considered cifj^%^' ""*' 

In Council, A Hearing having been had before both Houses between 
the Agents of the two Parishes in the Town of Roxbury upon the Differ- 
ence between the said Parishes Referring to their Respective bounds 
And forasmuch as after all the Methods already taken by the Several 
Applications of the partys to this Court the affair Still Appears to be 
Attended with Difficulty and Uncertainty 

Ordered That Ezekiel Lewis & Jacob Wendell Esq" With such as 
the Hohble house shall appoint be a Committee to View the Town of 
Roxbury first Notifjnng the Agents for the two Precincts of the time 
of their coming and that they consider the Situation and Circumstances 
of each Precinct and then Determine upon such Divisional line between 
them as they shall think most Reasonable and Convenient and make 
Report thereof to this Court Provided that the said Precincts do not 
Agree the Matter between themselves by the last da}' of July next ; 
And all processes in the Law Respecting the Taxes Assessed by the 
Respective precincts are Suspended in the mean time 

• Not found in the House Journal. 



108 



Province Iuaws {Besolves, etc.). — 17 S4:-3o. [Chaps. 233-236.] 



Legislative 
Records of the 
Council, xvi., 
131. 

House Jour- 
nal, p. 178. 



In the House of Represent" Read & Concurr'd and Samuel Danforth 
and Elisha Busby Esq" & M"^ Tho' Gushing Esq""' are Joined in the Affair. 
[^Passed April 18. 

CHAPTER 233. 

ORDER FOR A TOWN MEETING AT BERKLEY. 

Ordered that M"" Gershom Crane a Principal Inhabitant of the New- 
Town lately made out of Taunton & Dighton be and hereby is Author- 
ized & Impowred to Call the first Meeting of the P'reeholders and In- 
habitants there lawfully Qualified to Assemble and Convene in some 
Convenient time and place to Chuse Town Officers to Stand Untill the 
next Anniversary March Meeting. \^Passed April 18. 



CHAPTER 234. 



Legislative 
Records of the 
Council, xvi., 
132. 

House Jour- 
nal, p. 178. 
Ante,\). 99, 
chap. 215. 



ORDER FOR TOWN MEETING AT GRAFTON. 

Ordered That M"^ Thomas Pratt one of the Principal Inhabitants of 
the New Town lately made at the Plantation Called Hassanimisco in 
the County of Worcester be and hereby is Authorized and Impowred 
to Assemble the P>ee holders and others Inhabitants there to make 
Choice of Town officers to stand Untill the Anniversary meeting in 
March next. [Passed April 18. 



Legislative 
Records of the 
Council, xvi., 
13-2. 

House Jour- 
nal, p. 180. 
Ante, p. 104, 
chap. 228. 



CHAPTER 235. 

ORDER FOR A MEETING OF THE GRANTEES OF THE TOWN GRANTED 
TO THO^ WELLS &c. 

Ordered That Thomas Wells Esq"" is hereby fully Authorized and 
Impowred to Assemble the Grantees of the New Township^ lately 
Granted to Thomas Wells and William Richardson & others lying 
in the County of Hampshire in order to Chuse a Com**^^ for Regu- 
lating their affairs and a Proprietors Clerk and for Transacting such 
other things as they may think proper for Carrying on the Settlement 
of that place. \_Passed Ap)ril 18. 



CHAPTER 236. 



Legislative 
Records of the 
Council, xvi., 
132. Mass. 
Archives, 
cxiv., 110. 

Mass. 
Archives, 
cxiv., 103. 
Legislative 
Records of the 
Council, XV., 



ORDER ACCEPTING THE COMMITTEES REPORT ON THE LIST OF NAR- 
RAGANSETT SOLDERS. 

The Report of the Committee Appointed to take an Exact list of 
the Narragausett Soldiers (on the said List) is as follows viz| 

The Committee directed to prepare a Correct and Exact list of the 
Grantees of the Seven Narragausett Townships lately laid out by order 
of the Great and General Court humbly Offer the aforewritten list of 
Eight hundred & forty persons for Confirmation Which they have pre- 
pared with Great pains and with the Utmost faithfulness 

By order of the Committee Samuel Welles 

1 This township became Shutesbury. 



[1st Sess.] Province Laws (liesolves, etc.). — 1734-35. 109 

T, -1 J 503. House 

Read and Journal, p. 177. 

Ordered that this Report be Accepted and the several persons within Province ^ 
named are hereby declared to be the Grantees of the seven Naraganset chj^!'222.' '"^ ' 
Towns above mentioned to have and to hold the same to them their 
heirs & assigns respectively according to the Conditions of the Grant. 
[Passed April 18. 

CHAPTER 237. 

VOTE FOR A PROCLAM^ ABOUT NEW HAMPSHIRE NOTES. 

Voted That his Excellency the Governour be desired to issue forth ^gfor|"of tjje 
a proclamation to Caution all his Majestys Subjects in this province council, xvi., 

from taking any of the Notes lately issued by a number of persons in ^^ 

the Province of New Hampshire, to prevent the Mischiefs & penalty ^j^°"p® '/j^"^" 
mentioned in the Act lately passed for that purpose, And that the said Province \ 
proclamation be forthwith printed & dispersed thro the province and ^hap^'ai.'' ^*^' 
posted up in Some publick place in every Town therein by the Town 
Clerk of each Town. \_Passed April 18. 



CHAPTER 238. 

ORDER ALLOWING £25 TO CAP^ JN"' LARRABEE. 

A Petition of Cap' John Larrabee Victualler of the Garrison at Legislative 
Castle William Shewing that all sorts of provision more Especially councif, xvi.,^ 

Bread are advanced in their price since the last Establishment for }^ 

Victualling said Garrison And therefore praying for such an allow- House Jour- 
ance as may prevent his being a Loser by his Undertaking Read ^nie,\i. 9, 

& in Answer to this petition *^^^^^' *• 

Ordered That the sum of Twenty five pounds be Granted and paid 
out of the publick Treasury to the Pef in full Consideration of the 
prices of some Sort of provisions being Risen since the last Establish- 
ment for Victualling the Garrison at Castle William. [Passed Ap)rill8. 



CHAPTER 239. 

ORDER ALLOWING £1,000 TO THE COM^ee FOR REPAIRS THE CASTLE. 

A Memorial of the Committee Appointed to take Care of the Repairs Legislative 
of the Castle Shewing that the money already Granted for that Ser- counctf. xVl^ 

vice is Expended in the Works that are Effected And for as much as i33^ 

the Memorialists are directed to build a Battery on the East End of House Jo^ur- 
the Island Therefore praying that a sum of money may be Advanced Ant}l'p!'d, 
to them that so the Materials may be purchased and the work done chap. 92. 
the Cheaper Read & in Answer to this Memorial 

Ordered That the sum of One Thousand pounds be Granted and paid 
out of the Publick Treasury to the Committee of this Court Appointed 
to Effect the Repairs and Erect the Battery at his Majestys Castle 
William within mentioned agreable to the former vote of this Court. 
[Passed Ajjril 18. 

' The list of names in Mass. Archives, cxiv., pp. 103-110, is incomplete. The names 
can, no doubt, be found in the records of the respective towTis. 



110 



Province Laws (i?esoZves,ete.). — 1734-35. [Chaps. 240-242.] 



CHAPTER 240 



ORDER IMPOWERING HENRY WHITTEN TO FILE AN APPEAL. 



Legislative 
Records of ttie 
Council, xvi., 
133. 

House Jour- 
nal, p. 183. 
Ante, p. 52, 
chap. 104. 



On the petition of Henry Whitten [^ante, p. 52, chap. 104] 
Read And it Appearing that the Adverse party William Daniels 
hath been duly Served with a Copy of this petition and a former 
petition therein Referr'd to tho he hath not thot fit to give in any 
Answer thereto And the Matter being fully considered, 

Ordered That the prayer of the petition be Granted And the pef'^ 
is Accordingly enabled to file his Reasons of Appeal in the Action 
mentioned the said Appeal to be tried at the next Superiour Court of 
Judicature to be holden at Boston within and for the County of Suf- 
folk on the Second Tuesday of August next, and the Justices of the 
said Court are hereby Impowred and Directed to hear & determine 
the said Cause, provided the pet"^ Serve the Adverse party with a 
Copy of this order at least fourteen days before the Sitting of the 
said Court. [_Passed April 18. 



CHAPTER 211. 



ORDER ALLOWING £120 TO ROB'^ BALL. 



Legislative 
Records of the 
Council, xvi., 
134. 

House Jour- 
nal, p. 182. 
Ante, p. 24, 
chap. 43. 



A Petition of Robert Ball Keeper of the Light house Shewing that 
the Establishment of his Salary for that Service was only for one Year, 
which Expired in November last And therefore praying that an Allow- 
ance may be made for his Services for such a Term as may be Judged 
proper 

Read & in Answer to this petition 

Ordered That the sum of One hundred and twenty pounds be Granted 
and paid out of the Publick Treasui-y to the pef Robert Ball for his 
Service as Keeper of the Light house for the Year Currant, to be Ac- 
counted from the 8"" Day of Decem""- last. [Passed April 18. 



CHAPTER 212. 

ORDER OF NOTICE ON THE PETITION OF SOUTH INHAB^s OF MALDEN 
TO BE ERECTED INTO A PRECINCT. 



Legislative 
Records of the 
Council, xvi., 
134. 

House Jour- 
nal, p. 183. 



A Petition of the South Church with the Inhabitants of the South 
part of Maiden Shewing that they have built a Meeting house for the 
Publick Worship of God and Maintained A Minister for Divers Years 
past And therefore praying that they may be sett off from the other 
part of the Town and Constituted a Seperate precinct and may have 
a proportionable part of the Ministerial Lands there Assigned them 

Read & 

Ordered that the pet" Serve the Town of Maiden or the Congrega- 
tion Usually Attending the Ministry of the Rev'' M"" Emerson with a 
Copy of this petition that so they give in their Answer on the first 
Tuesday of the next May Session.'^ [Passed April 18. 

> Sic, but "Petitioner" in the State Library copy, Legislative Records of the Council, 
xvi., 13.3. 

3 The House Journal reads, " November last." 

3 At the hearing in the May session this petition was dismissed, House Journal, p. 14. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. Ill 



CHAPTER 243. 

ORDER IMPOWERING JOS: STOCKBRIDGE TO BRING FORWARD A WRIT 

OF REVIEW. 

A Petition of Joseph Stockbridge of Hannover in the County of Legislative 
Plymouth Shewiug that upon his petition to this Court in Febry 1733 couucif, xvi.,^ 
he obtained an order for Liberty to bring his Writ of Review to the ^^ 



Sup"" Court in the s*^ County in an Action between him and Job Otis House Jour- 
Referring to the Bounds of tlieir Lauds But upon Suggestion of some Province ' 
Defect in the order of the Court they Refused to try the Action And ^ifap^'24^'' ^^^' 
therefore praying that this Court would give such Order in the prem- 
isses as may be Effectual to Obtain a Trial for him by a Jury. 

Read & 

Ordered That Joseph Stockbridge the Pef be Enabled to bring his 
writ of Review before the Superiour Court to be holden at Plymouth 
for the County of Plymouth on the Tuesday next before the last Tues- 
day of April w^hich will be in the Year 1736 And the Justices of the 
said Court are hereby Impowred and directed to try the said Cause by 
a Jury Notwithstanding the Ref errence thereof and Judgment founded 
thereon, which Upon bringing this writ of Review is hereby set aside 
and made Null and void, and to Enter up Judgment and Award Exe- 
cution Accordingly. [^Passed April 18. 



CHAPTER 244. 

ORDER IMPOWERING THE ASSESSORS OF LITCHFIELD TO LEVY AND 
COLLECT A TAX OF TWO PENCE PER ACRE ON LANDS. 

A Petition of Aquila Underwood in behalf of the Town of Litchfield Legislative 
praying That the Inhabitants of the said Town may be Impowred to councu^xvi.'!*' 

assess the lauds of the Resident as well as Non Resident proprietors ^^ 

at one penny ^ Acre ^ Annum for such term of time as this Court House Jour- 
shall Judge fit to Defrey the Ministerial Charge and the Building a '''*'• i'- ^'^• 
Meeting house in the Said Town 

Read and in Answer to this petition 

Ordered That a Tax of two pence ^ Acre ^ annum be and hereby 
is laid on all the lands lying in the Town of Litchfield belonging to 
the Nou Resident or Resident proprietors there for three Years next 
coming ; and the assessors of Said Town are hereby allowed and Im- 
powred to assess the said Tax which is hereby appropriated for build- 
ing their meeting house ; and the better to Enable the said Town to 
Defrey the Charge of the Support of the Ministry among them 

And the Collectors of the said Town for the time being are also Im- 
powred & Required to Collect and pay in the said Tax accordingly, 
and the said hinds are Subjected to the payment of the same Agree- 
able to the Desire of the Non Resident Proprietors. \_Passed April 18. 



112 



Province Laws {Resolves, etc.). — 1734-35. [Chaps. 245, 246.] 



CHAPTEK 245. 



ORDER IMPOWERING THE ASSESSORS OF NORTH YARMOUTH TO LEVY 
AND COLLECT A TAX OF ONE PENNY PER ACRE ON LAND. 



Legislative 
Records of tiie 
Council, xvi., 
135. 

House Jour- 
nal, p. 180. 



A Petition of the Selectmen of the Town of North Yearmouth pray- 
ing that this Court would Order that the Inhabitants of said Town may 
be Impowred to lay a Tax of two pence ^ Acre ^ annum on all the 
Appropriated Lands of the Said Town (by Law not Exempted) for the 
Space of three Years next coming for paying the said Towns Debts 
their Ministers Salary and for defreyiug other Necessary Emergent 
Charges 

Read and in Answer to this petition 

Ordered That a Tax of One penny ^ acre be and hereby is Set upon 
all the Appropriated Lands in the Town of North Yarmouth for the 
Year Currant for the uses within mentioned ; and the Assessors of 
the said Town are Impowred and Directed to make an Assessment 
of the Same, And the Constables or Collectors are Required to Col- 
lect and pay in the said Tax, and the Lands are Subjected to the pay- 
ment thereof Accordingly. \_Passed April 18. 



CHAPTEE 246. 



ORDER CONFIRMING A PLAT OF 500 ACRES OF LAND GRANTED TO GOV« 

BELCHER. 



Legislative 
Records of the 
Council, xvi., 
135. Maps and 
Plans, Mis., 
x.,8. 

Maps and 
Plans, Mis., 
x.,8. House 
Journal, 
pp. 180, 181. 
Ante, p. 69, 
chap. 139. 



A Plat of Five hundred Acres of Land laid out by Jonas Houghton 
Survey"" and Chain men on oath being part of One Thousand Acres 
Granted by the General Court in Decern' 1734 to his Excellency Jona- 
than Belcher Esq"" lying three Miles to the Eastward of Sunderland East 
bounds, being bounded Round by Unappropriated Lands begining at 
a Walnutt tree and heap of Stones and Runing West two hundred and 
Eighty perch to a pine tree Marked I B and from thence South two hun- 
dred and Eight perch to a Stake and pillar of Stones,^ from thence two 
hundred and Eighty perch to a Red Oak and a few little Stones about 
it, from thence two hundred and Eighty perch to the place Where it first 
began - 

Read and 

Ordered that the plat be Accepted and the Lands therein delineated and 
described are hereby Confirmed to His Excellency Jonathan Belcher 
Esq' Captain General and Governour in Chief of this province his heirs 
and Assigns for Ever to satisfie part of a Grant of this Court of One thou- 
sand Acres of Land made to His Excellency in December last, provided 
it exceeds not the quantity of Five hundred Acres, and does not inter- 
fere with any former Grant. \_Passed April 18. 

• In the Secretary's copy, the words beginning with "From" through the word 
"Stones" are repeated, but not in the State Library copy. Legislative Records of the 
Council, xvi., 136. 

2 In Maps and Plans, Mis., x., 8, the dimensions are 280 perch on each side. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 113 



CHAPTER 247. 

VOTE GRANTING 1,350 ACRES OF LAND TO SAM^- KENDALL & OTHERS. 

A Petition of Samuel Kendall & Eleven others Shewing that the}' Legislative 
have purchased of the province Certain lauds at a place Called Turkey couuclf, xvl!*^ 

Hills (now the Town of Townsheud) that since their taking up their '^^ 

lotts it Appears that a Tract of land Called Hawthorns farm was for- House Jour- 
merly laid out in the Same place, So that they will loose the land upon proviiiJe^' 
which they have Made Considerable Improvem" Praying that this Court Laws, xi., 653, 
would Grant them an Equivalent for the land they will hereby loose 

Read ife 

Voted That Thirteen hundred and fifty Acres of the Unappropriated 
Lands of this province be Granted (in answer to this petition) to Such 
of the Grantees of the Town of Townshend as had their Lotts laid out 
on Hawthorns Farm, each one to draw a pai't in proportion to the Num- 
ber of Acres in his Lott included in said Farm to be laid so as not to 
prejudice a Town ship or Infringe on any former Grant, provided the 
pet" Receive no benefit by the vote of the proprietors. [^Passed April 18. 



CHAPTEE 248. 

ORDER ALLOWING HAN'^ BRIGHAM AS ADMINISTRATRIX TO SELL LAND 
AND EXECUTE DEED OF CONVEYANCE. 

A Petition of Hannah Brigham Adm^ de bonis non of John Brig- Legislative 
ham of Sudbury deced Shewing that whereas this Court were pleased councif xvi!^^ 
to Impower Martha Brigham Ex^ of the said John Brigham to make i36. 
Sale of Sundry Out lands of the Deced to the value of Thirty one House .Jour- 
pounds four shillings for the paying of Legacys the said Martha died province^' 
before she Compleated the Sale of the said Lands ; Therefore praying Laws, xi., V94, 
that the Same power may be Given the pef to make Sale of those ^ p- - ''• 
lauds for the Ends aforesaid 

Read & 

Ordered that the prayer of the petition be Granted, and the Pef is 
Allowed & Impowred to E^xecute a Good deed of Sale and Conveyance 
of the premisses within mentioned Accordingly. [Passed April 18. 



CHAPTER 249. 

ORDER ALLOWING £14. 4 TO JOHN SHAW. 



A Petition of John Shaw Soldier of the Garrison at his Majestys Legislative 
Castle William, Shewing that during his Service he has Reced Wounds ?^^?''Jf "U*^® 

&, other disasters which have put him to great Expence for his Cure, i36^ 

and he is become a Cripple praying for Relief from this Court House Jour- 

Read & " nai.pp.iee.ne. 

Ordered that the sum of Fourteen pounds four shillings be Granted 
& paid out of the Pul)lick Treasury to the Pef John Shaw in full Sat- 
isfaction of what he paid for his Hurt Received when a Soldier at Castle 
William as within mentioned. [Passed April 18. 



114 



Province Laws (Besolv es, etc. ).-— 17 U-d 5, [Chaps. 250-252.] 



CHAPTER 250. 



ORDER ALLOWING £9. 9. 9 TO JOHN IRELAND. 



Legislative 
Kecords of the 
Gouncil, xvl., 
137. 

House Jour- 
nal, pp. 144, 185. 



A Petition of John Ireland of Boston Labourer Shewing That one 
Thomas Shaw was Imprisoned in Boston Goal upon an Execution on 
a Judgment Recovered against him by the pef" for £9. 9. 9 that the 
said Shaw Escaped out of Prison and being the only Material Evi- 
dence for the King Against One Ormsby in a Case of Mnither the 
Governour and Council (as the Pet"^ is Informed) were pleased to 
Order that the said Debt should be paid in Case he would Return 
and give in his Evidence for the King, which he did and was Imme- 
diatly Set at Liberty altho the pet'' has Received no Satisfaction for 
his debt but has been put to further Charge in Advertising him and 
for his being Apprehended thereupon praying to be allowed his debt 
and Charges out of the publick Treasury 

Read & in answer to this petition 

Ordered that the sum of Nine pounds Nine shillings & Nine pence 
be Allowed and paid out of the publick Treasury to the Pet' John Ire- 
land in full. \_Passed April 18. 



CHAPTER 251. 

ORDER OF NOTICE ON HAN^ FARNSWORTHS PETITION TO BRING AN 
ACTION ON A BOND. 



Legislative 
Records of the 
Council, xvi., 
137. 



A Petition of Hannah Farnsworth ^ Widow of John Farnsworth late 
of Groton deced Shewing that their son Joseph Farnsworth gave his 
Bond to his Father to make Certain provision therein particularly Ex- 
pressed for the Support of his said Father & Mother, That the said 
Joseph as well as his father is Since deced and his Adm'' Refuses to 
take any Care of the pef & Daniel Farnsworth the Surviving Exor 
of the Said John Refuses to put the Bond in Suit, So that the pef 
not being named an obligee in the said Bond is without Remedy And 
therefore praying that this Court Avould Impower Samuel Corey of 
Littleton To Sue out the said Bond or Grant her some other Relief 

Read & 

Ordered That the Pef" Serve the adverse party with a Copy of the 
petition that so he may shew Cause if any he have on the Second 
Wednesday of the next May Session why the prayer thereof may not 
be Granted." \_Passed April 18. 



CHAPTER 252. 



ORDER ALLOWING £40 TO CAP^^ JAMES GRANT. 



Legislative 
Records of the 
Council, xvi., 
133. 

House Jour- 
nal, pp. 177, 186. 
Province 



A Petition of Cap* James Grant of Berwick Setting forth that What 
has been Allowed him for Building the Truck house on Saco River has 
not paid the Charge he has been at in hiring and Subsisting of work- 
men and purchasing Timber and other Materials And therefore pra}^- 
ing that he may be Reimbursed what he has Expended more than what 

' Not found in the House Journal. 

* At the hearing June 6, 1735, House Journal, p. 18, the petition was dismissed. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1734-35. 115 

has been paid to him and allowed for his Own Time and Trouble in Laws, xi., 377, 
Attending upon said VV^ork 

Read and in Answer to this petition 

Ordered That the Sum of Forty pounds be Granted and paid out of 
the publick Treasury to M'' Richard Lord of Berwick to be by him 
paid to the pet' Cap' James Grant and is in Satisfaction of the Pet" 
Services, time Trouble & Expence in and about Building Said Truck 
house. [^Passed April 19.^ 



CHAPTER 253. 

ORDER ALLOWING £26. 5 TO THE COM'^'''^ FOR EASTERN SETTLEMENTS 
AND £26. 5 FROM THE TOWN OF FALMOUTH. 

A Petition of Cap' Joseph Hill in behalf of the Committee formerly Legislative 
Appointed to take Care of the Eastern Settlements Shewing that there couucif, xvi!!^ 

is due to them for their time and Expence for attending that Affair at 13^^; 

Falmouth in the Year 1718 the Sum of £26. 5 which the said Town Legislative 
have Always Refused to pay them And thei'efore praying that it may council! xvi.,^ 
be Allowed to them out of the Publick Treasury 35. House ' 

T> 1 P • A 4- 4.\ ■ 4-- 4.- .Journal, pp. 49, 

Read & in Answer to this petition i87. Province 

Ordered that the sum of Twenty Six pounds five shillings be Granted, ^if^f gT^"' ^^^' 
Advanced and paid out of the publick Treasury to Joseph Hill Esq'' to 
be by him Repaid to the Comm'*''' within mentioned or their Legal Rep- 
resent" in Equal proportion and that an Additional Tax of Twenty Six 
pounds five shillings be and hereby is Granted and ordered to be put 
upon the Town of Falmouth in the County of York in the next prov- 
ince Tax. \_Passed April 19.^ 



CHAPTEE 254. 

ORDER DIRECTING THE COMMISSIONERS OF THE £100,000 LOAN TO 
RENDER THEIR ACCOUNTS. 

Ordered That the Com"''' of this Court for Examining the Accompts Legislative 
of the Commissioners of the £100,000 Loan be and hereby are directed c^unctf, ^ Vi*!^ 

in the name of this Court to Signify to such of said Commissioners as }^ 

have not Sent in their Accoinpts to be Allowed by this Court which by House Jour- 
Law they are obliged to do that Unless they forthwith Attend their duty Province'' 
in that Respect they may Expect to be prosecuted in the Law for their Laws, xi., 279, 
future neglect. [^Passed April 19. *^ ''" 



CHAPTER 255. 

ORDER ON DAVID ALLENS PETITION FOR LIBERTY TO BRING FOR- 
WARD A WRIT OF REVIEW. 

A Petition of David Allen of Pemaquid Shoreman Shewing That glfo^ds'onhe 
Samuel and John Banister brought their Action Against him at the council, xvi., 
Inf Court of Common pleas held at Newbury in September 1732 that ^-^' ^^^' 

' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is April 18. 



116 



Province Laws (Hesolves, etc.). — 1734-35. [Chap. 256.] 



House Jour- 
nal, pp. 165, 186. 



he should Render an Aceo' of Seventy Quintals of Fish, that the Pef 
had the Judgment of that Court and of the Superiour Court on the 
Appeal in his favour, that the said Banisters brought their Action 
of Review of the said Cause at the Superiour [Court] held at Ipswich 
in May 1733, When William Shirley Esq' Appeared for the Pef b}' 
Virtue of a power of Attorney which was then Read in Court, that 
the pi" finding by the Evidence that the Cause would go Against them 
Suffered themselves to be Nonsuit and then brought a New writ of Re- 
view at the Superiour Court held at Salem in October last, when M"^ 
Shirley Appeared again as the Pet"^* Attorney but by Misfortune lost 
or Mislaid the Letter of Attorney thro which means the Action went 
against the Pet" for Default And therefore Praying that he May be 
Allowed to have the said Action tried at the next Superiour Court by 
a Jury and that no Judgment may be made up upon his Default at the 
said Court to which his Action is Continued notwithstanding the said 
Default 

Read together with the Answer of Samuel and John Banister within 
Mentioned and the Matter being fully Considered 

Ordered that the pra3'er of the petition be Granted and that the pef 
be and hereby is allowed the Liberty of a Trial of his plea of Review 
within mentioned by a Jury at the Sup'' Court to be held at Ipswich in 
May next his Default and the Referrence within mentioned Notwith- 
standing, and that the Justices of the said Court be and hereby are 
Impowred and directed to hear and Determine the Said Action Ac- 
cordingly. [Passed April 19. 



Legislative 
Records of the 
Council, xvi., 
120, 138. 

House Jour- 
nal, pp. 161, 187. 
Province 
Laws, ii.,662, 
chap. 13. 



CHAPTER 256. 

ORDER IMPOWERING EDWD PORTER TO BRING FORWARD A WRIT OF 
REVIEW, WITH STAY OF EXECUTION. 

A Petition of Edward Porter of Boston Glazier Setting forth that 
Samuel Hewes of Boston Merchant Recovered Judgment Against him 
at the last Superiour Court in Boston in the sum of £100 for not giving 
him a Quit claim of his Interest in the Estate of his Grandfather Wil- 
liam Hawkins that the Pef offered to give Bond to prosecute his Review 
at the next Sup' Court in order to Stop Execution but the Judges did 
not Allow it Apprehending it to be out of time And therefore praying 
for an order of this Court to Impower him to give Bond & to Stay Exe- 
cution of the Judgment aforesaid. 

Read and it Appearing that the Adverse party has been Served with 
a Copy of this petition but no Answer given in 

Ordered that the prayer of the petition be Granted and that the Ser- 
vice of the Execution within mentioned be Suspended 'till the Sup"" Court 
of Judicature to be held at Boston in August Next upon the pet" giving 
bond with Sufficient Security to prosecute the said Action with Elffect 
at the said Court & likewise to pay Double Interest and Costs in Case 
the Judgment should be affirmed upon the Review as is provided in and 
by an Act or Law of this Province made in the Sixth Year of the Reign 
of his present Majest}' King George the Second P^ntituled an act in Ad- 
dition to an Act Entituled an Act for Review in Civil Causes. \_Passed 
April 19. 



[1st Sess.] Province Laws {Resolves^ etc.'). — 1734-35. ll'i 



CHAPTEK 257. 

ORDER CONFIRMING A PLAT OF THE ADDITIONAL GRANT OF 1,200 
ACRES OF LAND TO THE VOLUNTIER'S TOWN. 

A Plat of Twelve hundred Acres of land Allowed to be Added to Legislative 
the Township Granted to the Voluntiers under Cap' Lovell and Cap' coumif, x vil^^ 
White Upon the petition of Thomas Palmer^ «fe others laid out by Jonas |39- Maps ami 
Houghton Survey"" & Chain men on oath bounding Southeasterly on said ix.', 4^' 
Township, Northerly on a Province Township Northwesterly and South Maps and 
Westerly upon Unappropriated lands, beginning at a vStake the West- Pians.Mis., 
erly Corner of said Voluntiers Tow^iship and Runing North 36 degrees houbc Jour- 
West Ninety three Rods to a Stake and heap of Stones, thence East 35 nJ'igo/'prov- 
Degrees North Two Thousand & thirty Rods to the Soutli line of the mc'e Laws.^xi., 
Province Town ship, thence East along said line one luindred and Sixty ' '^ ^^' 
Rods to the North Westerly line of the said Voluntiers Township, Thence 
Southerly along said line to where it first began 

Read & 

Ordered That the plat be Accepted And the Lands within delineated 
& described be & hereby are Confirmed to the Company of Voluntiers 
late under the Command of Cap' Lovewell and Cap' White their heirs 
& assigns respectively for Ever provided it exceeds not the quantity 
of twelve hundred Acres of Laud, and does not interfere with any former 
Grant. \_Passed April 19. 



CHAPTEE 258. 

ORDER ACCEPTING REPORT OF COMMITTEE ON FRANCES BANISTERS 

PETITION. 

John Jeffrys Esq" from the Committee of both Houses on the peti- J^^sisiative 

RrGOords Ox txiG 

tion of M" Frances Banister [ante, p. 80, chap. 163] Reported as fol- council, xvi., 
lows viz' }^ 

The Com"^" having heard the partys are humbly of Opinion that ^V ^^}^^a^^^^ ty. 
Samuel Banister within named before Levying the Execution within council, xvi., 
mentioned on M'^' Frances Banister ought to give Security to the Said j]fi\rn^P^^ 
Frances to the value of the Execution that in Case it shall Appear pp- i^e, isi. 
that any sum of money belonging to the said Frances hath been or chap'. i63. ' 
shall be paid to the said Samuel or his order not already Accounted 
for by Virtue of a power of Attorney from the said Frances to the 
said Samuel Avhen he went for Great Britain about the Year 1722 that 
the said sum so paid and Received be Repaid to the said Frances her 
heirs or Assignes By order of the Committee 

John Jeffries 

Read & 

Ordered that this Report be Accepted. \_Passed April 19. 



CHAPTEE 259. 

ORDER APPOINTING A COMMITTEE ON THE DIVISION OF THE ESTATE 

OF W'*' SANFORD. 



A Petition of M" Grizel Cotton Adm" of the Estate of M' William Legislative 

Records of the 
xvi.. 



Sandford of Rhode Island deced and Guardian to Grizel Sandford their Scif, 

139 
> The House Journal, pp. 33, 34 (June, 1733), and Province Laws, xi., 726, chap. 37, — '- 
read, Thomas Farmer. 



118 



Province Laws {Resolves, etc.). — 1734-35. [Chap. 260.] 



House Jour- 
nal, p. 185. 



Youngest daughter Andrew Oliver and Mary his wife and Thomas Hutch- 
inson jun"^ & Margarett his wife which Mary and Margarett Are likewise 
Daughters & Coheirs with the said Grizell Sandford to the said William 
Sandford deced Shewing that there are divers parcells of land belong- 
ing to the Estate of the said William Sandford lying in the Countys 
of Bristol, Dukes County, York & Middlesex within this province and 
praying that some one of the Judges of Probate for the said Countys 
may be Impowred to Appoint five freeholders to divide the said Lands 
among the Pef' the Pet' Grizel Cotton to have her dower assigned her 
therein as widow of the deced. Read & in Answer to this petition 

Ordered that the Judge of Probate for the County of Bristol be & 
hereby is Impowred and Directed to Appoint five Suitable Freeholders 
two Whereof to be of the County of Bristol One of middlesex One of 
York and the other of Dukes County to Divide the testate made men- 
tion of in this petition upon Oath into three Equal Shares and Sett the 
Same off to the three heirs of the deced to hold to them in Severalty 
and their heirs and Assignes forever first taking Sufficient Security of 
the said heirs or others on their behalf to pay or Cause to be paid to 
the Widow of the said AP Sandford who is now the pef Grizel Cotton 
One third of the Income of each heirs jiart or proportion, which Settle- 
ment shall be Deemed Good and valid in the Law to all Intents & pur- 
poses whatsoever. [^Passed April 19. 



CHAPTER 260. 



ORDER IMPOWERING FRA« COLE TO SELL LAND AND EXECUTE A DEED. 



Legislative 
Records of tlie 
Council, xvi., 
140. 

House Jour- 
nal, pp. 140, 177. 



A Petition of Francis Cole of Boston Shewing that he and his wife 
Elizabeth Cole (now deced) Agreed with William Doak to sell him all 
their Title & Interest in the said Elizabeths Father Richard Floods and 
Grandfather James Floods Real Estate Situate in Boston, and the said 
Doak paid them Eighty pounds in consideration thereof & Deeds were 
drawn accordingly but before the Deeds could be Executed the said 
Elizabeth dyed and for as much as the money for which the said Estate 
was sold w^as mostly Expended on the said Elizabeth in her long and 
Chargable Sickness Thei-efore praying that the pef may be Impowred 
to Sell the said Estate 

Read & 

Ordered that the pef Francis Cole be & hereby is fully Authorized 
and Impowred to Execute a Good and Sufficient Deed in the Law for 
the Sale of the two peices of land mentioned in the petition to William 
Doak of Boston Mariner his heirs and assignes forever for the Consid- 
eration sum of One hundred pounds According to the Contract, made 
by the said Francis Cole & his wife Elizabeth in her lifetime with the 
said William Doak he the said William Doak paying into the hands of 
such person as the Judge of Probate for the County of Suffolk shall 
appoint the sum of Fifteen pounds three shillings & Sevenpence the 
persons who Receive it to give bond to the said John^ to Repay & 
disburse the Same for the Necessary Support of the Children of the 
said Cole, the said Doak having already paid to the said Cole the sum 
of Eighty four pounds Sixteen shillings and fivepence to Defrey Sun- 
dry Charges in his wifes Sickness and Funeral. {^Passed Ajyril 19. 

1 "Judge," in the State Library copy. Legislative Records of the Council, xvi., 140. 



[1st Sess.] Province Laws {Resolves, etc.). — 1734-35. 119 



CHAPTER 261. 

ORDER APPOINTING A COMMITTEE ON THE AFFAIR OF JOSEPH TUCKER 
& OTHERS OF STOUGHTON. 



A Petition of Joseph Tucker John Fenno aud other Inhabitants Legislative 
of Dorchester & Stoughton Shewing that there ai'e great Contentions councff xvi 
between the Pet" and others with Referrence to the Indian lands at i^o- 



Puncapaug which have Occasioned great Expence in the law aud are House Jour- 
like to occasion greater, And therefore praying that this Court would "A^n'tel'xt.'li 
take such Orders as may be Effectual to Settle & Compose the said ciiap. 9i. 
Differreuces In Council Read & 

Ordered That Thomas Cushing Esq'' with such as shall be Joined by 
the Hon'''" House of Represent" be a Committee to Repair to the Town 
of Stoughton and hear the Pet" as also John Wentworth and william 
Sherman on their Several pretensions Referring to the Indian Lands at 
Puncapaug, that the Committee Examine the Indian Deed Leases and 
Plats which the partys are directed to produce to them aud that they 
take Care that the said lands be Surveyed by a Skilfull Surveyor and 
Report to this Court at their next Session what they Judge proper to 
be done on this petition and the Petition of Moses Gill, as also in the 
Affair of John Wentworth & William Sherman and that the said peti- 
tions and the Report of John Quincey Esq"" & M"" Oxenbridge Thacher 
Referring to the said Sherman & Wentworths purchasing the Indian 
Land be Accordingly Referred in the Mean time, the Charge to be born 
as this Court shall Order In the House of Represent* Read & Con- 
curr'd and Benj" Dyre & Sam^ Danforth Esq" are Joined in the Affair. 
[^Passed April 19. 



CHAPTER 262. 

ORDER REFERRING THE PETITION OF JOHN PEABODY & OTHERS. 

On the Petition of John Peabody, John Hovey & John Carelton of ^f^rds^of the 

Boxford [ante, p. 58, chap. 115] Council, xvi., 

Read & ill^ 

Voted that the petition be Referr'd to the first Tuesday of the Next ^^^^^l^^' 
May Session to which time the petition for a new precinct in Boxford ^'Je.'p. 58, 
is Referr'd. \_Passed April 19. /«/m,chap. 



CHAPTER 263. 

VOTE REFERRING THE 2» PETITION OF JN" PEABODY &c. Legislative 

Records of the 

A Second petition of John Peabody John Hovey & George Carlton i4 i. 
praying that they may not be set off to the preciuct prayed for by Divers House Jour- 
Inhabitants of Boxford but to the Town of Bradford Agreeable to a ^ntl^:^''^i, 
vote of the Town of Boxford chap'. 262. ' 

Read & Referr'd to the Next May Session. ^Passed April 19. swpra.chap. 



120 Province Laws {Resolves, etc. ) . — 1734-35. [Chap. 264.] 



CHAPTER 264. 

ORDER APPOINTING A COMMITTEE TO SETTLE THE BOUNDARY 
BETWEEN NO. YARMOUTH AND THE PROVINCE LANDS. 

Legislative A PETITION of Rowland Houghton in behalf of the Town and Pro- 

KiGcords or 1116 

Council, xvi., prietors of North Yarmouth that this Court would Irapower some per- 

^M: sou or persons to Run or perambulate the line of the Town where it 

House Jour. jjgg ^g^t the Province Accordino- to their Grant 

nal, pP-183,184. id- » ^.^-i-ivr -i 

Ante, p. 11, Read & in Answer to this JMemoriai 

chap. 145. Ordered That the Committee Appointed to Bring forward the Settle- 

ment of the Marblehead Township and Joseph Blaney Esq' be a Com**^* 
on the part of the province to Run the line with such person or persons 
as shall be Appointed by the Town of North Yarmouth & fully Impowred 
by them to Run & perambulate the lines between the Province and the 
said Town of North Yarmouth According to their Grant and to make 
Report of their doings therein to this Court. [^Passed April 19. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1735-36. 



[121] 



LEGISLATIVE LIST' 

FOR 
1735-36. 



His Excellency JONATHAN BELCHEE, 
Captain-General and Governor-in-chief, etc. 

JOSIAH WILLARD, Esq., 

SECRETARY OF the PKO%aNCE. 

SIMON FROST, Esq., 

DEPUTY SECRETARY. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands vnthin the Territory formerly called 
the Colony of the Massachusetts Bay ; 



Benjamin Lynde 
Thomas Hutchinson 
Edmund Quincey 
Paul Dudley 
Samuel Thaxter 
John Turner 
"William Dudley 
Jonathan Remington 
Thomas Gushing 



ESQRS. 



John Osborne 
Ebenezer Burrill 
EzEKiEL Lewis 
Francis Foxcroft 
Edward Goddard 
JosiAH Willard 
Jacob Wendell 
Anthony Stoddard 
Samuel Welles 



ESQRS. 



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



Isaac Winslow 
Meletiah Bourne 



ESQRS. 



Seth Williams 
Isaac Lothrop 



I Esqrs. 



Of the Inhabitants of or Proprietors of Lands ivithin the Territory formerly called 
the Province of Mayne; 

William Pepperil, Samuel Came & Jeremiah Moulton, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying between 
the River of Sagadahock & Nova Scotia; 

John Jeffries, Esq. 

» See Legislative Records of the Council, xvi., 142-l-i5. 
[123] 



124 Province Laws (i?eso?ve8, ete.). — 1735-36. [Representatives.] 

For the Province^ at large : — 
Thomas Berry & Joseph Wilder, Esqrs. 



REPRESENTATIVES or DEPUTIES. 

Mai/ 28, 1735 to Ajyril 3, 1736. 



Mr. JOHN QUINCEY, Speaker. 



County of Suffolk. 
. . Elisha Cooke, Esq., 

Mr. Oxenbridge Thacher, 
Mr. Thomas dishing, Jr., 
Mr. Timothy Prout. 

. John Bowles, Esq. 

. Thomas Tilestone, Esq. 

. John Quincey, Esq. 

. Capt. Jonathan Gulliver. 

. Capt. Adam Cushing. 

. Mr. James Hearsey. 

. John Metcalf, Esq. 

. Mr. George Barber. 

. Jonathan Wear, Esq. 

. Mr. William Royall. 

. Samuel White, Esq. 

. John Fisher, Esq. 

. Capt. Edward Clark. 

County of Essex. 
. . Daniel Epes, Esq., 

Benjamin Brown, Esq. 
. . John Wainwright, Esq., 

John Choat, Esq. 
Newbury, . . Joseph Gerrish, Esq. 
Lynn, . . . Capt. William Collins. 
Marblehead, . J\Ir. Jeremiah Gatchell, 

Mr. Jeremiah Allen. 
Haverhill, . . Richard Saltonstall, Esq. 
Rowley, . . . Mr. John Hobson. 
Salisbury, . . Capt. Jeremiah Stevens. 
Olocesier, . . Capt. Joseph Allen. 
A7idover, . . Mr. Thomas Chandler, Jr. 
Tox>sJield, . . Capt. Joseph Gold. 
Beverly, . . . Robert Hale, Esq. 
Wenham, . . Mr. William Fairfield. 
Boxford, . . . Capt. Joseph Hale. 
Bradford, . . Mr. John Hutchins. 
Almsbury,^ . . Mr. John Plaistead. 

County of Middlesex. 
Cambridge,. . William Brattle, Esq., 
Samuel Danforth, Esq. 



Boston, 



Boxbury, 

Dorchester, 

Brantry, 

Milton, . 

Weymouth, 

Hingham, 

Dedham, 

Medjield, 

Wrentham, 

Stoughton, 

Brooklyn, 

Needham, 

Medway, 



Salem, 



Ipswich, . 



County of 

Gharlestown, . 

Watertoivn, . . 

Concord, . . . 

Newton, . . . 

Sudbury, . . 

Marlboro, . . 

Oroton, . . . 
Framingham, . 
Chelmsford, 

Billerica, . . 

Woburn, . . . 

Reading, . . 

Sherburn, . . 

Maiden, . . . 

Lexington, . . 

Weston, . . . 

Dunstable, . . 

Medford, . . 

Wilmington, . 

Littlet07i, . . 

Hopkinton, . . 



Middlesex — Conchided. 
Mr. Samuel We lab. 
Nathaniel Harris, Esq. 
Mr. Samuel Chandler. 
John Greenwood, Esq. 
Mr. Edward Sherman. 
Mr. Joseph Rice. 
Benjamin Prescott, Esq. 
Mr. Micah Stone. 
Mr. Jonathan Barron. 
Capt. Benjamin Tomson. 
Capt. John Fowle. 
Mr. Ebenezer Parker. 
Mr. Ebenezer 2 Ley land. 
Capt. Samuel Wait. 
Capt. Joseph Bowman. 
Mr. Ebenezer Allen. 
Capt. Joseph Blanchard. 
Mr. William Willis. 
Mr. Daniel Pierce. 
Capt. Joseph Tyler. 
John Jones, Esq. 



County of Hampshire. 

Si^ringjield, . William Pynchon, Jr., Esq. 
Northhampton, Ebenezer Pomroy, Esq. 



Badley, . . 


. Mr. Luke Smith. 


Hatfield, . . 


. Capt. Israel Williams. 


Suffield, . . 


. Mr. Christopher Jacob Law 




ton. 


Enfield, . . 


. Mr. Nathaniel Collins. 


Westfield, . 


. Mr. Thomas Ingersol. 


County of Worcester. 


Worcester, . 


. John Chandler, Jr., Esq. 


Lancaster, . 


. Capt. Ephraim Wilder. 


Mendon, . . 


. Capt. Daniel Levett. 


Woodstock, . 


. Mr. William Lyon. 


Brookfield, . 


. Josejih Dwight, Esq. 


Lunenburg, 


. Josiah Willard, Esq. 


Shrewsbury, 


. Nahum Ward, Esq. 


Sutton, . . 


. Mr. Purcival Hall. 



' Sic, for Amesbury 

2 The House Journal, p. 4 (May, 1735), reads, "William." 



[Representatives.] Province Iuaws (Hesohes, etc.). — 1735-36. 125 



Cou 

Plymouth, . 
Duxbury, 
Marshjield, . 
Bridgioater, 
Middleboru, . 
Rochester, . 
Plympton, . 
Pembrooke, . 
Scituate, . . 
Abinyton. 



XTY OF Plymouth. 

. James Warren, P^sq. 
. Col. John Alden. 
. Mr. Thomas Foster. 
. Capt Josiah Edson. 
. i\Ir. EUkanah Leonard. 
. Mr. Nathaniel Sprague. 
. Mr. John Wright. 
. Isaac Little, Esq. 
. John Cnshing, Jr., Esq. 
. Samuel Pool, Esq. 



COL'NTY OF Barnstable. 



Barnstable, 

Yarmouth, 

Sandtvich, 

Eastham, 

Harwich, 

Falmouth, 



Bristol, 



. Shubal Gorham, Esq. 
. Mr. Samuel Sturgis, Jr. 
. Capt. Stephen Skiff e. 
. Mr. Ralph Smith. 
. Edmund Freeman, Esq. 
. Capt. Joseph Robinson. 

County of Bristol. 
. . Charles Church, Esq. 



County of Bristol — Concluded. 
Taunton, . . Capt. Joseph Leonard. 
Eehoboth, . . Mr. John Hunt. 
Swanzey, . . Joseph Mason, Esq. 
Little Compton, Thomas Church, Esq. 



Tiverton, 


. . Job Almy, Esq. 


Dartmouth, 


. Capt. Samuel ComeU. 


Norton, . 


. Capt. Ephraim Leonard. 


Freetown, 


. Mr. Henry Tisdale. 


Attleborougl 


., . Mr. Nathaniel Carpenter 




County of York. 


York, . . 


. Mr. Richard Milberry. 


Kittery, . 


. Mr. Richard Cutt, Jr. 


Wells, . 


. .Joseph Hill, Esq. 


Berwick, 


. Mr. Richard Lord. 


Falmouth, 


. Mr. Moses Pierson. 



Dukes County. 
Edgartown, . Enoch Coffin, Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-eighth Day of May, A.D. 1735. 



CHAPTER 1. 

ORDER CONFIRMING A PLAT OF 500 ACRES OF LAND TO CAP"^ SOUTHACK. 

A Plat of Five hundred Acres of land Granted by^ Cap' Cyprian Legislative 
Southack Surveyed by William Chandler & Chainmen Upon Oath Ad- councu! xvu",^ 
joyning partly upon Lambs Town and partly on the new Addition made i47. Maps and 
to Cap' Whites Town (so Called) partly on a Grant made to Stoddard ix!| T' ^ '^'' 
and others and partly on Country land begining at a Red Oak Tree the Maps and 
Southeast Corner of said Stoddards land Runing thence West 2. 30 Plans, Mis., 
South two hundred Rods to a Stake and heap of Stones the South West House Jour- 
Corner of said Stoddards land then Runing 2°. 30 West in this Course ^^,^'1^35 
and at One hundred and One Rods distance a White Oak Tree was ciiap! 71. 
Marked with the Letters B. S. & T G the whole of this line three hun- 
dred and three Rods where was Erected a Stake and Heap of Stones 
in the Southerly bounds of the addition to Whites Town then Runing 
North 36° 00 West in said Whites line One hundred & twelve Rods 
to a Stake and heap of Stones Erected on the West Edge of a Bushy 
Meadow then Runing South 4° 00 West fifty one Rods to a Pitch pine 
Tree marked with the Letters T Gr then the line continued to make up 
in the whole Six hundred and twenty Eight Rods to a heap of Stones 
on a Ridge Hill then Runing East 2° 30. One hundred and thirty Rods 
to a Hemlock Tree in the North Westerly bounds of Lambs Town marked 
on the Southerly Side with the Letter L and on the Noi'therly Side with 
the Letters T G then Runing on the North Westerly Side of said Lambs 
Town three hundred and Seven Rods to the Corner first mentioned 

Read and 

Ordered That the plat be Accepted and the Lands within delineated 
and described be and hereby are confirmed to the said Captain Cyprian 
southack his heirs and Assigns for Ever ; provided the plat does not 
exceed the quantity of Five hundred Acres, nor interferes not" with 
any former Grant. [^Passed May 30. 



CHAPTER 2. 

ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO NATH^- 

COLLINS. 

A Plat of Two hundred Acres of land Granted to M"" Nath^ Collins Legislative 
laid out by Daniel Colton Survey^ and Chammen on Oath Bounded c^uncff.xvV.^ 

' Sic, for to. See the order, infra; also ante, p. 35, chap. 71, and House Journal, p. 9. 
» Sic. 

[127] 



128 



Province Laws (^Resolves, etc.). — 1735-36. [Chaps. 3, 4.] 



147 
Plans, Mis 

X., I 



Maps and 
Plans, Mis., 
X., 1 his. 
House Jour- 
nal, p. 9. 
Ante, p. 15, 
chap. 22. 



f Mis ^^^ South by the Colony line westerly by the Town of Somers and North 
on Springfield 
Read and 

Ordered That the plat be accepted and the Lands within delineated 
& described be and hereby are confirmed to the said Nathanael Collins 
his heirs and assigns for Ever provided the said Nathanael Collins his 
heirs or assigns do within the space of five years Settle one family on 
the granted Lands, & ^ have an house thei'e of eighteen feet square and 
seven feet Stud at least, and have also five Acres of Land brought to 
English Grass or otherwise broke up by plowiug & well inclosed ; the 
performance of these Conditions to be deamed as much service to the 
publick as if the Grantee should have paid into the publick Treasury 
the siim of Twenty five pounds which was enjoined in the Grant of 
the Court passed in June last ; provided also the plat contains no more 
than two hundred Acres of Land, & does not interfere with any former 
Grant. \_Passed May 31.- 



CHAPTER 3. 

ORDER ACCEPTING THE ACC^ OF THE COUNTY TREAS» OF WORCESTER. 



Legislative 
Records of the 
Council, xvi., 
148. 

House Jour- 
nal, p. 11. 



An Accomft presented by Benjamin Flagg Treasurer of the County 
of Worcester for the Year past Having been laid before the Court of 
General Sessions of the peace for the said Count}' and by them Allowed. 

Read & Accepted & 

Ordered that this Accompt be Allowed. \_Passed June 3. 



Legislative 
Records of the 
Council, xvi., 
149. 

House Jour- 
nal, p. 12. 
Ante, p. 94, 
chap. 202; 
p. 119, chap. 
263. 



CHAPTER 4. 

ORDER REFERRING THE PETI^ OF THE NORTHERLY INHABITANTS OF 
BOXFORD AND APPOINTING A COMMITTEE THEREON. 

On the petition of Job Tyler and others Inhabitants of the North- 
erly part of the Town of Boxfoid [ante, p. 94, chap. 202] 

In Council Read together with the Answer of the Town of Boxford 
and the partys being heard at the Board & the matter fully considered 

Ordered that Samuel Thaxter Esq'' with such as shall be Joined by 
the Hon'''* House of Represent" be a Com*''*' to view the Situation and 
Consider the Circumstances of the Pef' as well as the Petitions of John 
Peabody John Hovey and George Carlton with their Situation and Cir- 
cumstances Seasonably Notifying the Town of Boxford of their coming 
and that they Report to this Court at their next Sitting what they Judge 
proper to be done thereon the Charge to be born as this Court shall order 
and that the petition aforesaid be Referr'd to the next Sitting of the 
Court for further consideration Accordingly In the House of Rep- 

resent'' Read and Concurr'd and that Joseph Dwight & John Cushing jun' 
Esq'' be of the Committee. [Passed June 4. 

« MS. mutilated. 

» This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is May 30. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 129 



CHAPTER 5. 

ORDER REFERRING THE 2'*" PETITION OF JN« PEABODY JN^ HOVEY 
& GEORGE CARLTON. 

A Second petition of John Peabody John Hovey & George Carlton Legislative 
praying that they may not be sett off to any new precinct that may be councif xvi^^ 
made in the Town of Bradford According to their first petition 149. 

Read & Referr'd to the next Sitting of the Court for consideration. House Jour- 
\_Passed June 4. ^«?e^p^n9, 

chap. 263. 



CHAPTER 6. 

ORDER APPOINTING A COM™e ON THE AFFAIR OF THE BOUNDARYS 
OF NEW HAMPSHIRE AND RHODE ISLAND. 

In the House of Represent" Legislative 

Voted That Elisha Cooke Esq-- AVilliam Brattle Benjamin Prescott & coun'cli, xvhf 
John Gushing jun'' Esq" M' Thomas Cushing John Choat Esq'' and M'' 1^ 



Elkanah Leonard with such as the Hon"'' Board shall Appoint be a Com"'"' House Jour- 
to take under consideration what may be proper for the Court further Province' 
to do for the Settlement of the boundaries between this Government ^hap%7 '"' ^^*' 
and the Neighbouring Government of New Hampshire and Rhode Island 
and Report thereon as soon as may be 

In Council Read & Concurr'd & 

Ordered that Edmund Quincy Samuel Thaxter William Dudley 
Thomas Cushing and Samuel "Welles Esq""' are joined in the Affair. 
\_Passed June 4. 



CHAPTER 7. 

ORDER ACCEPTING THE ACCOUNT OF THE CO. TREASURER OF 

HAMPSHIRE. 

An Accompt presented by William Pynchou jun'' Esq'" Treasurer of Legislative 
the County of Hampshire for the last Year, having been laid before councif.xvi.,^ 
the Court of General Sessions of the peace for the said County, and 1^ 



by them allowed ; House Jour. 



Read and Accepted & 

Ordered that this Accompt be Allowed. [^Passed June 6. 



nal, p. 14. 



CHAPTER 8. 



ORDER REFERRING THE PETITION OF W" CLEMENTS & OTHERS. Legislative 

Records of the 

Ordered that the petition of William Clements & others and the petl- isi. 
tion of Stephen Harrington, Praying leave to purchase Some lands at Legislative 
a place near the Elbows (so Called) near Ware River [a»fe, p. 85, councff xvf''^ 
chap. 177] be Referred to the next Sitting of the Court that the Com'''"' loe. House"' 
thereon may have more opportunity to do the business Assigned them Sfp-'s^i ^^' 
by this Court. [Passed June 6. chap. m. 



130 



Province Laws (^Resolves, etc.). — 1735-36. [Chaps. 9-11.] 



CHAPTEE 9 



ORDER CONFIRMING A PLAT OF 150 ACRES OF LAND TO W" HACK. 



Legislative 
Records of the 
Council, xvi., 
151. Maps and 
Plans, jNlis., 
ix., 8. 

Maps and 
Plans, Mis., 
ix., 8; XXX., 5. 
House Jour- 
nal, }). 17. 
Province 
Laws, xi., 730, 
chap. 47. 



A Plat of One hundred and Fifty Acres of Laud Granted by the 
General Court to William Hack of Taunton, laid out by Timothy 
Dwight Surveyor & Chainmen Under oath ; begiuing at a pine tree 
Standing on the East Side &. near to the Country Road, leading from 
Sunderland to North field, between Millers River, and Stony Brook, 
and runing from said Tree as described in said Plat 

Read and 

Ordered That the Plat be Accepted and the Lauds therein delineated 
and described be & hereby are confirmed to the said William Hack his 
Heirs and Assigns for Ever provided the plat exceeds not the quantity 
of One hundred and fifty Acres of Land and does not interfere with any 
former Grant. ^ \_Passed June 6. 



CHAPTER 10. 



Legislative 
Recoi'ds of the 
Council, xvi., 
152. Maps and 
Plans, Mis., 
viii., 32. 

Maps and 
Plans, Mis., 
viii., 32 bis. 
House Jour, 
nal, p. 17. 
Province 
Laws, xi., 735, 
chap. 60. 



ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO SAM'- DICK- 
ENSON. 

A Plat of two hundred Acres of Land Granted by the General Court 
to Samuel Dickinson, laid out by Timothy Dwight Survey'' and Chain- 
men on Oath ; begiuing at a large Monument of Stones in the line on 
the North side of the Northern tract of Equivalent Land so Called, 
between Hadley & Brookfield, which Stones are about A Mile East of 
Hearth Stone Hill and Runing from thence as particularly described 
in the Plat 

Read and 

Ordered That the plat be Accepted and the Lands therein delineated 
and described be and hereby are confirnfied to the said Samuel Dicken- 
son his heirs and Assigns for Ever provided the plat exceeds not the 
quantity of two hundred Acres of Laud, and does not interfere with 
any former Grant. \_Passed June 6. 



CHAPTER 11. 

ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO RICHARD 

KENT ESQR. 



Legislative 
Records of the 
Council, xvi., 
152. 

House .Tour- 
nal, p. 17. 
Ante, p. 74, 
chap. 149. 



A Plat of three hundred Acres of Land Granted by the General 
Court to Richard Kent Esq'', Survej'ed by Richard Hazzan Surveyor & 
Chainmen on Oath ; lying Adjacent to the Town of Rumford ; begin- 
ing at a Stake & Stones by Rumford line thence Runing West 17 Deg. 
South on said line about two hundred and twenty five poles, to a White 
Ash Mark'd K, by Merrimack River, thence Runing up said River about 
two hundred and Ninety two poles to a horn bean Marked R K thence 
East ten deg. North about two hundred & twenty five poles to a Pitch 

' By the description of the plat attached to Maps and Plans, ix., 8, it would appear that 
this lot was intended to take the place of the lot confirmed Aug. 23, 1733 (Province Laws, 
xi., 730, chap. 47). 



[1st Sess.] Province Laws {Resolves ^ etc.). — 1735-36. 131 

pine Mark'd R K, theuce about two hundred & Eight poles to the bounds 
first mentioned. 

Read & 

Ordered that the Plat be Accepted and the Lands herein delineated 
and described be and hereby are confirmed to the said Richard Kent 
Esq'' his heirs and Assignes forever ; Provided the Plat exceeds not 
the quantity of three hundred Acres of land, and does not Interfere 
with any former Grant. \_Passed June 6. 



CHAPTER 12. 

ORDER ACCEPTING THE COMMITTEES REPORT ON THE LINE BETWEEN 
NO YARM" & THE PROVINCE LAND. 

The Com'^^^ Appointed by the General Court April 18. 1735 On the Legislative 
part of the Province, and the Com"'^ Appointed by the Town of North council^ xvi!^^ 
Yarmouth, to Run and perambulate the line between the Province and 153. Mass. ' 
the said Town of North Yarmouth, According to their Grant, and to 23!'^ ^eb, vi., 
make Report of their doings to this Court, pui'suant thereto. We Re- House Jour- 
paired to the Mouth of Buno-amunaamusj River, on the Thirtietii dav nai, pp. 22, 23. 
of April last, where we erected a large heap of Stones on the Westerly ciiap'. i45;i20, 
Side of said River at high Water Mark, and then set our Course at South ^'^"i'- ^^*- 
east over Maquoit Bay to Mare point and said line Runs over Minots 
Barn, w^hich stands on said Point, and from said Barn over Middle Bay 
to a Spruce tree Standing on the Edge of the Bank on Merriconeag 
Neck, Marked with the Letter (P) on one side, & (N) on the other, 
and so to a large Beach tree mark'd (E B) with Several other Letters 
and the date of the Year on said Tree ; and so by other Marked Trees 
Across the said Neck to an heap of Stones on the Southeasterly Side 
thereof : thence crossing Merriconeag River to a dead Pine Tree Stand- 
ing on great Sebasco degan Island, to an Inlet of Water called the 
Bason, thence Crossing another part of said Island by a line of Mark'd 
Trees to a small Island Called Egg Island in Quahaug River, thence 
crossing another part of said Island by a line of Mark'd trees to ^ 
Small heap of Flat Stones Upon the Corner of a Ledge of Rocks, so 
Runing a Southeast Course a cross the Bay to a Pitch pine tree stand- 
ing on the Land Called Small point Mark'd (P) on one side & (N) on 
the other and so by Mark'd Trees to Hunnewells Cove ; thence crossing 
said Cove to a Sloaping White pine tree under the Edge of the Bank, 
Mark'd on one side, and so to a Pitch pine tree with a heap of Stones 
about it ; from thence to a Pitch pine tree standing on the Beach ; and 
the said Southeast line being continued Runs into the Main Sea at the 
Mouth of Kennebeck River All which is humbly Submitted by 

David Seabury Eben" Burril 

Tvr i^i \r ., nr od ir-Q- Benj'^ Ingorsol Dan'' Epes 

North 1 armouth May 3" 1 / 3o . „ t tt 

-^ Abner Brown John Hobson 

Edw" King Jos : Blaney 

Read and 

Ordered that this Report be accepted, and that the Line within 

described be determined accordingly. \_Passed June 10. 



132 



Province Laws {Resolves, etc. ) . — 1735-36. [Chaps. 13, 14.] 



CHAPTER 13. 



ORDER CONFIRMING A PLAT OF 400 ACRES OF LAND LAID OUT TO 
THE HEIRS OF THE WIDOW STAR. 



Legislative 
Records of the 
Council, xvi., 
154. Maps and 
Plans, ix., 7. 

Maps and 
Plans, Mis., 
ix., 7 bis. 
House Jour- 
nal, p. 22. 
Ante, p. .52, 
chap. 103. 



A Plat of Four hundred Acres of Land, Granted to the heirs of the 
Widow Star, laid out by Joseph Wilder Esq"^ Surveyor and Chainmen 
on Oath, lying ou the North Side of the Narragansett Town Number 
two ; bounding Southerly by said Town, and every otherway by Prov- 
ince Lands ; begiuing at a Stake and Stones on the aforesaid Narragan- 
sett Line, Eighty Rods West of Where the said line Crosses a Branch 
of Lancaster North River, that comes out of Weuecheag Pond ; thence 
Runing North 18 deg" AVest three hundred & thirty Rods to a Stake 
& Stones; thence Runing West 18 deg" South, two hundred & Eight 
Rods to a Stake & Stones, thence Runing South 18 deg'' E^ast three 
hundred & thirty Rods to the aforesaid Narragansett line to a Stake 
and Stones, thence with said line East 18 Deg"" North two hundred and 
Eight Rods to where it first began. 

Read and 

Ordered That the plat be accepted, and the Lands therein delineated 
and described be and hereby are confirmed unto the said Benjamin starr 
and the other Heirs & descendants of the Widow of Docf Thomas Starr 
deceased their heirs and Assigns respectively for Ever ; provided the 
plat exceeds not the quantity of four hundred Acres of Land, and does 
not interfere with any former Grant. [^Passed June 10. 



CHAPTER 14. 



ORDER CONFIRMING A PLAT OF 400 ACRES OF LAND TO THE HEIRS 
OF MAJOR JA** CONVERSE. 



Legislative 
Records of the 
Council, xvi., 
154. Maps and 
Plans, Mis., 
ix., 11. 

Maps and 
Plans, Mis., 
ix., 11 bis. 
House Jour- 
nal, p. 22. 
Ante, p. 73, 
chap. 147. 



A Plat of Four hundred Acres of Land, Granted by the General 
Court to the heirs of Major James Converse ; laid out by Joseph 
Wilder Esq"" Survey"^ and Chainmen on Oath ; lying on the North- 
erly side of the Narragansett Town Number two ; bounded South- 
erly thereon. Easterly on the land laid out to the heirs of the Widow 
Star, Northerly and Westerly by Province Land ; begining at a Stake 
and Stones the South Corner of said Stars Land ; thence Runing with 
it North 18 deg. West three hundred & thirty Rods to a Stake and 
Stones, thence West Eighteen degrees South two hundred and Eight 
Rods, to a Stake and Stones ; thence South 18 degrees East three hun- 
dred & thirty Rods to a Stake and Stones in the aforesaid Narragansett 
line, thence East 18 deg. North two hundred & Eight Rods to where 
it began 

Read and 

Ordered That the plat be Accepted, and the Lauds therein delineated 
& described be and hereb}' are confirmed unto the petitioners mentioned 
in the petition of said Robert & Josiah Converse their heirs and Assigns 
respectively for Ever provided nevertheless that the Grantees their Heirs 
or assigns do w^ell and truly comply with & perform the Conditions of 
the Grant, provided also that the plat exceeds not the quantity of four 
hundred Acres of Land and does not interfere with any former Grant. 
\_Passed June 10. 



J 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 133 



CHAPTEK 15. 

ORDER ACCEPTING THE C^ TREASURER OF BRISTOLS ACCO''. 

An Accompt presented by Samuel Howland Treasurer of the County Legislative 
of Bristol for the last Year, having been by him laid be fore the Court councu^ xVi!*.® 

of General Sessions of the peace for said County, and by them Allowed ; i^s^ 

Read & Accepted & House Jour- 

Ordered that this Accompt be Allowed. \_Passed June 10. °^^' ^' ^'^" 



CHAPTEE 16. 

ORDER ALLOWING £11. 8 TO THE TOWN OF SHREWSBURY. 

A Mejiorial of Nahum Ward Esq'' Represenf^ of the Town of Shrews- Legislative 
bury Praying that the Fine of Eleven pounds Eight Shillings, laid on c^fxnc*if, x vi!!® 

the said Town tiie last Year for not sending a Represent* to the Court, '^^ 

may be remitted ; the Charges of the Town for that Year being very House Jour- 
high, and the Inhabitants of Small Ability to defrey the same Province 

Read, & ^hT^'i3-'7™' 

Ordered that the prayer of the petition be Granted, and the Fine 
Remitted ; and that the sum of Eleven pounds Eight Shillings be and 
hereby is Granted to be paid out of the Publick Treasury to the Order 
of the Town of Shrewsbury to Reimburse them the Said Sum paid into 
the Treasury as a fine as aforesaid. \_Passed June 12. 



CHAPTEE 17. 

ORDER GRANTING 73 ACRES OF LAND TO JOHN CHANDLER JR. ESQ^ 

A Petition of John Chandler jun"" Esq'' Shewing That Whereas this Legislative 
Court were pleased at their Session in April last to make him a Grant councff xvi*'^^ 

of One hundred & fifty Acres of laud, he now presents a plat thereof ^^ 

for confirmation ; & Whereas there is a peice of Land of about Seventy Maps and 
three Acres Adjoyniug to said Grant. Blackstones River Rogers Farm, x.',' 4°*' House 
& Worcester; which is Uncapable of making a Settlement, and which Journal, p. 23. 
he has platted with the other Land ; therefore praying for a Grant of chap! §07. ' 
the said Seventy three Acres of Land z«/ra, chap. 18. 

Read & in Answer to this Memorial, 

Ordered that the said Seventy three Acres two Rod & twenty perch 
of Land contained in the Plat within mentioned be and hereby are 
Granted to the Pef John Chandler jun'' Esq' his heirs and Assignes 
forever, Provided the pef" his heirs or assignes shall Effectually bring 
to English Grass or break up by plowing and well Inclose three Acres 
part of the said Seventy three Acres of Land in the same manner and 
time as he is Obliged to bring to the five Acres part and parcell of the 
Graut of One hundred & fifty Acres. \_Passed June 12. 



134 



Province Laws {Resolves y etc.). — 1735-36. [Chaps. 18, 19.] 



CHAPTEE 18. 



Legislative 
Records of the 
Council, xvi., 
157. Maps and 
Plans, Mis., 
X., 4. 

Maps and 
Plans, Mis., 
X., 4. House 
Journal, p. 23. 
(SMiiJrft, chap. 
17. 



ORDER CONFIRMING PLATS OF 223 ACRES OF LAND FOR JOHN CHAND- 
LER JUN" ESQ^. 

A Plat of One hundred and Fifty Acres of Land Granted by this 
Court in April last to John Chandler jim'' Esq'' as also of Seventy three 
Acres Adjoyuing thereto Referr'd to in the above petition and order 
Surveyed by Benjamin Flagg juu'' Surveyor & Chain men on Oath 

Read and 

Ordered that the two plats within mentioned be Accepted, and the 
Lands therein respectively contained and delineated Viz' One hundred 
and fifty Acres ; and seventy three Acres two rood and twenty perch 
be & hereby are confirmed to the said John Chandler Jun'' Esq'^*^ his 
heirs and assigns for Ever, provided the Lands contain no more than 
the quantity of Land aforesaid, and does not interfere with any former 
Grant, and that the petitioner his Heirs or Assigns well and truly com- 
ply with the respective Conditions of the two Grants ^ aforesaid viz' 
of the Eleventh of April last and that of this day. \_Passed June 12. 



CHAPTER 19. 



Legislative 
Records of the 
Council, xvi., 
157. Maps and 
Plans, Mis., 
Ix., 10. 

Maps and 
Plans, Mis., 
ix., 10. Mass. 
Archives, 
ccxliii., 34. 
House .Jour- 
nal, p. 19. 
Ante, p. 62, 
chap. 125. 



ORDER CONFIRMING A PLAT OF 600 ACRES OF LAND FOR THE HEIRS 
OF B CHURCH ESQ" DECD. 

A Plat of Six hundred Acres of Land to fulfill a Grant made by 
the General Court to Thomas and Charles Church Esq" and the Rest 
of the heirs of Benjamin Church Esq'' diced, laid out by Daniel Car- 
penter Surveyor & Chainmen on oath ; lying between the Towns of 
Taunton & Rehoboth ; and begiuing at a black Oak Tree mark'd, 
Standing on the East line of Rehoboth, One hundred & Seven Rods 
to the Southard of Tho' Briggs's house ; thence Southerly on Rehoboth 
line five hundred and Sixteen Rods to a Boxwood Stake & Stones by 
a Rock for a Corner, thence East by the Needle two hundred Rods to 
a White Oak Stake & Stones by a small Pebble Rock for a Corner, 
thence Thirty INIinutes East four hundred and Eighty Rods to a Stake 
& Stones near two black Oak trees one in each Range for a Corner, 
thence West 10 deg''' North One hundred & Eighty Rods to the black 
oak tree first mentioned. 

Read and 

Ordered That the plat be accepted, and the Lands therein delineated 
& described be & hereby are confirmed unto the said Thomas Church 
and Charles Church Esq" and the other Grantees in their petition 
mentioned passed the Court in December last that is to say the North 
Lot being Number One as it is Set forth in the within plat and Con- 
tains One hundred Acres to Thomas Church and Charles Church Esq""' 
their respective Heirs and assigns for Ever, and the remaining five ^ 
hundred Acres to the Heirs or lawfull Representatives of the said Ben- 
jamin Church Esq'' deceased their Heirs and Assigns respectively for 
Ever provided the plat exceeds not the quantity of Six hundred Acres 
of Laud and does not interfere with any former Grant. [Passed June 12. 

> Sic. 

" "Grant," in Maps and Plans, Mis., x., 4, but "Grants," in the Secretary's copy, 
Legislative Records of the Council, xvi., 157. 
3 MS. illegible. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1735-36. 135 



CHAPTEE 20. 

ORDER GRANTING 700 ACRES OF LA ND T O THE HEIRS OF JN« WIL- 
LIAMS DECED. 

A Petition of Mess" Ebenezer Williams, Stephen Williams, and ^|f^^r^g"^f®ti^e 
Warham Williams, for tbemselves and the Rest of the heirs of the council, xvi., 

Rev'^ M' John AYilliams late of Deeifield deced, praying for a Tract ]^ 

of Land in consideration of their said Fathers Losses & Sufferings in ^ai^ff 34°'^^" 
a former War with the Indians & his Services for the Province in the 
Expedition to Canada, & his Negotiation for the Release of Captives. 

Read & 

Ordered That Seven hundred Aci*es of the Unappropriated Lands, 
lying in the County of Hampshire, be and hereby is Granted unto the 
Pet" & the other Children & heirs of the late Rev"* M' John Williams 
deced ; to be laid out next to Some town and that the Pet" Return a 
Phit thereof to this Court within twelve months for Confirm'^. \_Passed 
Jane 14. 



CHAPTER 21. 

ORDER ACCEPTING THE ACCO^ OF ESSEX C" TREASURER. 

An Account presented by John Appleton Esq'' Treasurer of the Legislative 
County of Essex for the last year, having been laid before the Court councif xvi!^^ 
of General Sessions of the peace for the said County, & by them leo. 
allowed ; House Jour- 

Read & Accepted & " nai.p.32. 

Ordered that this Accompt be Allowed. \^Passed June 16. 1 



CHAPTER 22. 

ORDER ADDING SAMUEL DANFORTH TO THE COM^ee qN THE BOXFORD Legislative 

PTTTTTTrcNT Records of the 

rH-llllUJN. Council, xvi., 

160. 

Ordered that Samuel Danforth Esq'' be of the Com'^" Appointed the House Jour- 
third Currant on the petition of Job Tyler & others & John Peabody jl^iJ'- ^'^jos 
& others of Boxford in the Room of Joseph Dwight Esq"^ who desires chap! 4." 
to be excused from said Service. {^Passed June 17. 



CHAPTER 23. 



ORDER FOR TOWN MEETING AT UPTON. 



Ordered that John Hazelton one of the Principal Inhabitants of the Legislative 
Town of Upton in the County of Worcester be and hereby is fully An- coimcff xvi^^ 
thorized and Impowred to Assemble the Freeholders & other Qualified mo. 
Voters in said Town as soon as may be in some convenient place, to House Jour- 
make Choice of Town officers, to stand till the Anniversary Meeting in ^^^' ^' ^' 
March next. [Passed June 17. 



136 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 24-26.] 



CHAPTEE 24 



ORDER ALLOWING £49. 11 TO JOHN PRESBERY FOR ONE OF THE PROV. 

ARMS. 



Legislative 
Records of the 
Couucll, xvi., 
161. 

House Jour- 
nal, p. 36. 



A Certificate presented by M' Treasurer Importing that John Pres- 
bury (formerly a Soldier in Cap' Daniel Peckers Company) has returned 
into his hands one of the Province Arms, for which forty Nine Shillings 
& Eleven pence of his Wages was Stop'd 

Read & 

Ordered that the sum of Forty Nine Shillings & Eleven pence be 
Granted & paid out of the Publick Treasury to the s** John Presbury 
or order, for what was formerly Stop'd of his Wages in the Service 
under the Command of Cap' Daniel Pecker for a Gun which is Since 
Returned. \_Passed June 17. 



Legislative 
Records of the 
Council, xvi., 
161. 

House Jour- 
nal, p. 35. 



CHAPTEE 25. 

ORDER GRANTING 300 ACRES OF LAND TO EDM^ FREEMAN. 

A Petition of Edmond Freeman of Harwich Esq' Setting forth his 
Services as an officer and Commander of Divers Compauys in the Wars 
with the French & Indians, And therefore praying for a Grant of some 
of the Province land near to Some Township 

Read & in answer to this petition, 

Ordered That three hundred Acres of the Unappropriated Lands of 
the Province be & hereby are Granted unto the Pef^ his heirs and 
Assignes forever provided the Pet"^ his heirs or assignes do within 
three Years from the Confirmation of the Plat Settle a family on the 
Granted premisses, that in Order thereto he build an house thereon 
of Eighteen feet Square and Seven feet Stud at the least, that he 
plows and brings to English Grass and fit for mowing and well In- 
closes Six Acres of the said Land, and that he Return a plat thereof 
to this Court within twelve Months for Confirmation Accordingly. 
\_Passed June 17. 



CHAPTEE 26. 



ORDER ACCEPTING THE MIDDLESEX C« TREASURERS ACCO^. 



Legislative 
Records of the 
Council, xvi., 
162. 

House .Jour- 
nal, p. 33. 



An Acco'' presented by Daniel Russell Esq' Treasurer of the County 
of Middlesex for the Year past, having been laid before the Court of 
General Sessions of the peace for the said Count}', and by them Allowed ; 

Read & Accepted, & 

Ordered That this Accompt be Allowed. \_Passed June 17. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 137 



CHAPTER 27. 

ORDER ON THE CONCORD VILLAGE PETITION TO BE ERECTED INTO 

A TOWNSHIP. 

A Petition of Samuel Davis and Thirty three Others Inhabitants Legislative 
and Proprietors of the North westerly part of Concord called the Vil- councu.xii.'!*' 
lage or New Grant, Shewing that they have Applied themselves to the i'*^!. i^'^-' 
Town of Concord for their consent to the said Village being Set off a House Jour- 
Seperate Township, which the said Town have Granted ; And there- province 
fore Praying the Order of this Court for their being set off a Seperate Laws, n., 763, 
Town by the bounds Set forth in the Petition ^ ^^^' 

Read & 

Ordered that the prayer of the petition be Granted and the peti" 
have leave to bring in a Bill Accordingly.^ [^Passed June 17. 



CHAPTER 28. 

VOTE GRANTING 600 ACRES OF LAND TO THE HEIRS OF REV° BENJA- 
MIN ROLFE. 

A Petition of Benjamin Rolfe for himself and the Rest of the heirs Legislative 
of the Rev'i W Benjamin Rolfe late of Haverhill deed, Shewing that counclf, xvK® 
his said Father was employed divers times as Chaplin to the Forces I62. 
in the late Wars and Once in An Actual Engagement with the Indian House Jour- 
Enemy, and afterwards Settled in the work of the Ministry at Haver- "^^i, p. 36. 
hill, where he with their Mother was Killed by the Indians ; And there- 
fore praying that this Court would Grant to the Pef and his Sisters 
some of the waste lands of the Province 

Read and in Answer to this petition, 

Voted That Six hundred Acres of the Unappropriated Lands of the 
Province be and hereby are Granted to the Pet" their heii's and Assignes 
Respectivly forever. And that they Return a plat thereof to this Court 
within twelve Months for confirmation. \_Passed Jane 17. 



CHAPTER 29. 

VOTE GRANTING 250 ACRES OF LAND TO EDWARD SHOVE. 

A Petition of Edward Shove of Dighton, Praying for a Grant of «®^*®'^*^^f ♦,, 
Some of the Waste lands of the Province in consideration of his time council, xvi., 

and Expence in a Voyage to Richmond Fort, he being Chosen Truck i^r 

Master at said place in the Year 1731 but afterwards Obtained a Dis- ^T'®® '^SJ^^'oy 
mission fi'om the said office, as also in consideration of his Serving upon Pos^ p. 621, 
Several Committees of the General Assembly in the Recess of the Court, *^'^"i'' ^'^' 
for all which he has had no allowance 

Read and in Answer to this petition. 

Voted That two hundred and fifty Acres of the Province Land be 
and hereby are Granted to the Pet' M"^ Edward Sliove his heirs and 
Assignes forever and that he Return a Plat thereof to this Court 
within twelve Months for Confirmation. \_Passed* June 17.' 

' The new town was called Acton. 

2 Confirmed December 20, 1739. See the House Journal, p. 162 (December, 1739), and 
Mass. Archives, xlvi., 99. 



138 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 30-32.] 



CHAPTER 30. 



Legislative 
Records of tlie 
Council, xvi., 
155, 163. 

House Jour- 
nal, pp. 25, 35. 



ORDER ON THO^ BOYLESTONS PETITION TO RE-ENTER AN ACTION. 

A Petition of Thomas Boyleston of Boston Shopkeeper Shewing 
That Joseph Parsons and Mathew Adams, as Creditors to Mess'' 
Weeks & (Janniugtou, Recovered Judgment of the Pet' for the Sum 
of £110. 10/ out of the Effects of the said Weeks and Canniugton in 
the Pet" hands, and afterwards the said Weeks & Cannington Sued 
the Pef for the Same money ; which Action by the Pef' Ignorance 
and Mistake went Against him by default; And therefore praying 
that he may be Impowred to Reenter the said Action at the Inf 
Court of Common pleas to be holden at Boston for the County of 
Suffolk in July next and that Execution may be Stay'd in the Mean- 
time. 

Read together with the Answer of Samuel Weeks And the Matter 
being fully considered. 

Ordered That the prayer of the Petition be Granted and the Pef is 
hereby enabled to Reenter the Action within mentioned at the Infe- 
riour Court of Common pleas to be held at Boston for the County of 
Suffolk on the first Tuesday of July and the Justices of the said Court 
are impowred and directed to hear and Determine the said Action Ac- 
cordingly The former Judgment by Default Notwithstanding ; and that 
the Execution against the Pet' within mentioned be Stay'd in the Mean 
time. \_Passed June 17. 



Legislative 
Records of the 
Council, xvi., 
163. 

House Jour- 
nal, p. 89. 



CHAPTER 31. 

ORDER IMPOWERING CAP^ THO^ SMITH TO EFFECT REPAIRS AT THE 
FORT AND TRUCK HOUSE ON SACO RIVER. 

A Memorial of Cap'Tho" Smith, Commander of the Block house on 
Saco River, Setting forth that the said Block house is much decayed, 
the Backside of the Garrison being Rotten and fallen down, as also 
the Celler floor the Walls being much damnified for want of a Cover- 
ing of Board or Clapboards ; Praying for this Courts order as to the 
Repairs of the said Block house 

Read & 

Ordered that the Memorialist Cap' Thomas Smith be and hereby is 
fully Impowred to see the Repairs within mentioned well Effected in 
the Most prudent Method that may be. \_Passed June 18. 



CHAPTER 32 



Legislative 
Records of the 
Council, xvi., 
163. Mass. 
Archives, 
cxxiv., 24. 

House Jour- 
nal, pp. 30,81. 



VOTE ACCEPTING TREASURER ALLENS ACCO''^ 

The Accompts of Jeremiah Allen Esq' Treasurer and Receiver Gen- 
eral of his Majestys Province of the Massachusetts Bay in New P^ng- 
land begining May 29. 1734 and Ending May 28"^ 1735 Amounting to 
the Sum of One hundred twenty Six Thousand Seven hundred and Sixty 
Nine pounds three shillings and four pence, having been presented and 
laid before the House of Represent'' and Inspected by said House ; by 
which it Appears that there was outstanding the 28"^ of May 1735, Sev- 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 139 

euty two Thousand two hundred & Sixty three pounds three shillings 
and One penny, of the Taxes, Loans Interest money &c ; That M"" Treas- 
urer hath made payment to Sundry persons of the sum of Thirty two 
Thousand four hundred Eighty three pounds Nineteen shillings and three 
pence, by Warrants on him, that there is Remaining of Neet province 
Bills in the Treasurers hands the sum of Twenty two Thousand twenty 
two pounds one shilling 

Voted That the said Accompt in the several Articles of Receipts and 
payments therein mentioned Amounting to the sum Thirty two thousand 
four hundred and eight}- three pounds Nineteen shillings and three pence 
be aud hereby is Accepted and M'' Treasurer is discharged of the said 
sum Accordingly ; And that for the suiii of seventy two thousand two 
hundred Sixty three pounds three shillings and one penny outstanding 
of the Taxes Loans Interest Mony (fe*^ also for Twenty two thousand 
twenty two pounds one shilling Neet province Bills remaining in his 
hands which two sums Amounting to Ninty four thousand two Hun- 
dred and Eighty five pounds four shillings aud One penny M"" Treas- 
urer is further Accountable for. \_Passed June IS. 



CHAPTER 33. 

VOTE ABOUT A TOWN MEETING OF THE INHABITANTS OF THE TOWN- 
SHIP GRANTED TO MARBLEHEAD. 

Voted That the Proprietors or Grantees Admitted into the Grant ^ K^^'^!?*^Tth 
made to the Inhabitants of Marblehead of the Contents of Six Miles council, xvi., 
square shall and may, upon their drawing the Home lots laid out, as- 1^ 



semble and Chuse a moderator & proprietors Clerk, and Agree upon ^jj]"®® ^P "''" 
Methods for the Speedy Carrying on the Settlement and how proprie- Ante,'\,.i\, 
tors Meetings shall be Carried on for the future. \_Passed June 19. chap. 145. 



CHAPTER 34. 

VOTE GRANTING 150 ACRES OF LAND TO CORN^ HALL. 

A Petition of Cornelius Hall of Falmouth, Setting forth that He Legislative 
was Wounded in the Publick Service, by which he is much disabled counc*if,xvi!!^ 

from Labour, that he has twice Received a consideration out of the '^^ 

Publick Treasury on that Account, but has had nothing for Several House Jour- 
Years ; And therefore praying for a pension, or for Some of the waste pro'vince ' 
lands of the Province ^'''^'J]-' ?«?, 

. . . chap. 244; 163, 

Read & in Answer to this petition chap. 72. 

Voted That one hundred and fifty Acres of the Unappropriated Lands 
of the Province be aud hereby is Granted to the petitioner his heirs & 
assignes forever the land to ly in the County of York & that he Return 
a plat thereof to this Court within twelve Months for Confirmation. 
\_Passed June 19. 

> Windham, Maine. 



140 



Province Laws (^Resolves, etc.). — 1735-36. [Chaps. 35, 36.] 



CHAPTER 35. 



ORDER OF NOTICE ON THE PETITION FOR DIVIDING THE COUNTY OF 

SUFFOLK. 



Legislative 
Records of the 
Council, xvi., 
166. 

House Jour- 
nal, p. 40. 



A Petition of Divers Represent' of the Towns in tlie County of 
Suffolk Setting forth the Great Incouveuiencys arising to the Coun- 
try Towns in said County from their being in the same County with 
the Town of Boston ; and Praying that the said County may be divided 
and the Country Towns Set off from Boston 

Read & 

Ordered that this petition be referr'd to the next Sitting of this Court 
for consideration, and that in the mean time, Such of the Towns in the 
County of Suffolk as have Represent'' in the General Court, the said 
Represent^ Notify their Respective Towns of this petition ; and that 
the Pet" Serve the other Towns in the said County With a Copy of 
this petition that all the said Towns then shew Cause why the prayer 
thereof should not be Granted. \_Passed June 19. 



CHAPTER 36. 



VOTE GRANTING A TOWNSHIP TO SHUBAL GORHAM AND OTHERS. 



Legislative 
Records of the 
Council, xvi., 
167. Mass. 
Archives, 
cxiv., 118. 

Mass. 
Archives, 
cxiv., 116. 
House Jour- 
nal, pp. 39, 40. 
Infra, chap. 37. 



A Petition of Shubal Goreham Esq"" for himself & others that Served 
in the Comp" of Cap* John Goreham in the Expedition Against Canada 
in the Year 1690, and the Descendants of such as are deceased praying 
for the Grant of Land for a Township in Consideration of the hardships 
they endured in said Expedition or their Ancestors 

In the House of Representatives In Answer to the Petition of Shubal 
Goreham & others who Were in the Expedition to Cannada in the Year 
1690 or y*" Descendants of Such as were lost or are since Dead. 

Voted that the Prayer of the Petition be granted & that Shubal Gore- 
ham Esq'' & M' Sam" Sturgis jun'' together with such as shall by ^ joined 
by the Hon'''" Board be a Committee at the Charge of the Governm' To 
lay out a Township of the Contents of six Miles square North of & Ad- 
joining to the Township Reported on in favour of sundry Petitioners 
of Salem and Marblehead. And that they Return a Plat thereof to this 
Court within Twelve Months for Confirmation And for the More Effect- 
ual bringing forward the Settlem' of the said New Town 

Ordered that the said Town belaid out into Sixty three Equal Shares 
one of w"'' to be for the first Settled Minister one for the Ministry & one 
for the School & that on Each of the other Sixty Shares the Petitioners 
do within three j'ears from the Confirmation of the Plan have settled 
one Good Family who shall have a House Built on his Home Lot of 
Eighteen Feet Square & Seven feet stud at the Least & finished, That 
Each Right or Grant have Six Acres of Land brought to and ploughed 
or brought to English Grass & fitted for Mowing. That they Settle a 
Learned Orthodox Minister & Build & P'inish a Convenient Meeting 
House for the Publick Worship of God : Provided that in Case any of 
the Lots or Rights are not duly Settled in all Regards as aforesaid 

> "Be," in Legislative Records of the Council, xvi., 167. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 141 

then such Lott with the Rights thereof to Revert to and be at the 
Disposition of the Province. 
In Council 
Read & Concurred «fe Jeremiah Moutou Esq'' is joined in the Affair. 
\_Passed June 19. 



CHAPTER 37. 

VOTE ON THE PETITION OF SAM'- KING & OTHERS TO LAY OUT A 

TOWNSHIP. 

A Petition of Samuel King & others, who were in the Expedition Legislative 
to Canada in the Year 1690 and the Descendants of such of them as councn^ xv^^ 
are dead, praying for a Grant of Land for a Township in consideration i67. ' 
of their or their Ancestors Sufferings in the said Expedition House Jour- 

In the House of Represent'' Read & ^s<fp^265, 

Voted that the prayer of the petition be Granted and that M'' Samuel chap', li. 
Chandler & M' John Hobson, together with such as shall be Joined by zl'^!^^"''^ *^' 
the Hon'''*^ Board, be a Com*™ at the Charge of the Government to lay 
out a Township of the Contents of Six Miles Square and West of the 
Narragansett Town Called Number three and that they Return a Plat 
thereof to this Court within twelve Months for Confirmation ; and for 
the more Effectual bringing forward the Settlement of the said New- 
town, 

Ordered that the said Town be laid out into Sixty three Equal Shares, 
One of which to be for the first Settled Minister, One for the Ministry 
and one for the School ; and that on each of the other Sixty Shares the 
Petitioners do within three Years from the Confirmation of the Plan have 
Settled One Good family who shall have a house built on his Home lott 
of Eighteen feet Square and Seven feet Stud at the least, and finished, 
that each Right or Grant have Six Acres of Land brought to and plowed 
or brought to English Grass and fitted for mowing. That they Settle a 
learned orthodox Minister and build & finish a Convenient Meeting house 
for the publick Worship of God ; provided that in Case any of the Lotts 
or Rights are not duly Settled in all Regards as aforesaid, then such 
Lott with the Rights thereof to Revert to and be at the Disposition of 
the Province 

In Council Read & Concurr'd and Samuel Welles Esq'^ is Joined in 
the Affair. \_Passed * June 19. 



CHAPTER 38. 

ORDER CONFIRMING A PLAT OF THE TOWNSHIP GRANTED TO MAR- 
BLEH" INHABITANTS. 

A Plat of the Township Granted by this Court to the Inhabitants Legislative 
of Marblehead of the Contents of Six Miles Square, Surveyed by couSxvf,^ 
Jonas Houghton Survey"' and Chain men on Oath, lying on the back- les. Maps and 
side of Falmouth ; Begining at Saccarippee falls in Pesumscutt River, ix., 5^' '' 
and Runing up said River to a great Pond Called great Jebego Pond, Maps and 
then north 45 Deg. East four miles & one hundred and twenty Rods, Plans Mis., 

" »/ ' jy ;5 5^ House 

thence South 45 Deg East, to North Yarmouth backline ; thence three journal, p. 41. 
Miles South 45 Deg. West to the Corner of North Yarmouth and f al- ^'jip! li^}' 



142 



Province Laws (^Resolves, etc.). — 1735-36. [Chap. 39.] 



mouth bounds ; thence South 24° 20, Eight Miles & Sixty Rods to the 
Said Saccarippee Fals. 

Read and 

Ordered That the plat be & hereby is Accepted and the Lands therein 
delineated and described are accordingly confirmed unto the Grantees 
admitted by a Committee of this Court on the petition of Abraham How- 
ard and Joseph Blany Esq" in behalf of sundr}^ Inhabitants of Marble- 
head in December last, their Heirs and Assigns for Ever respectively, 
provided the petitioners their Heirs or Assigns effectually complj^ with 
& perform the Conditions of the Grant in all respects, provided also the 
plat exceeds not' the quantity of Six Miles square exclusive of ponds 
and Water and does not interfere with any former Grant.' \_Passed 
June 19. 



CHAPTER 39 



Legislative 
Records of the 
Council, xvi., 
168. Mass. 
Archives, 
cxviii., 479. 

House Jour- 
nal, pp. 25, 26, 
40, 41. Post, 
p. 252, chap. 

2S7. 



VOTE FOR FOUR TOWNS TO CANADA SOLDIERS. 

In the House of Representatives, In answer to the Petition of 
Samuel Newell & Others Thomas Tileston & Others Samuel Gallop 
«fe Others and Abraham Tilton & Others 

Voted that four several Tracts of Land for Townships, each of the 
Contents of Six Miles Square be laid out in suitable places in the West- 
ern parts of this Province, and that the whole of each Town be laid 
out into sixty three equal Shares, one of which to be for the first Settled 
Minister, one for the use of the Ministry, and one for the School, and 
that on the other Sixty Shares in each Town there be sixty Settlers 
Admitted ; and in the Admission thereof preference to be given to the 
Petitioners such as are the Decendants of the Officers and Soldiers 
who Served in the Expedition to Canada in the year 1690 viz' 

One Tract of Land for a Township to the said Samuel Newell 

& Others, one other Tract of Land to the said Thomas Tilestone & 
Others, One other Tract of Land to the said Samuel Gallop and others, 
and the other Tract of Land to the said Abraham Tilton & Others, and 
in case there be not a sufficient Number of persons named in each of 
the said four petitions, as were Either Ofiicers or Soldiers in the said 
Expedition, or the Decendants of such as were lost or are since deceased, 
so as to make Sixty Settlers for each Town, that then such others as 
were in the Expedition or their Decendants be Admitted, And in as 
much as the Ofticers and Soldiers in that Expedition were very great 
Sufferers and underwent Uncommon hardships. 

Voted That this Province be at the Sole Charge of lajnng out the said 
four Townships in a Regular manner, and of Admitting the Settlers ; 
that the Settlers and Grantees be & hereby are Obliged to bring forward 
the Settlement of the said four Townships, in as Regular and defensible 
a manner, as the Situation and Circumstances of the Places will admit 
of ; and that in the following manner viz' That they be on the Granted 
premises Respectively and have each of them an house of Eighteen feet 
square and seventeen- feet Stud at the least, that each Right or Grant 
have six Acres of Land brought to and Plowed or brought to English 
Grass & fitted for mowing. That they respectively Settle in each Plan- 
tation or Township a learned Orthodox Minister, and Build a conven- 
ient meeting house for the Publick worship of God in each Township ; 
The whole of these Conditions to be duly complyed with within five 
years from the Confirmation of the Plats ; And that John Bowles Esq 
and John Metcalf with such as the Honourable Board shall appoint be 

1 MS. mutilated. 

» "Seven" in both copies of Legislative Records of the Council. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 143 

the Committee for laying out the Township hereby granted to Samuel 
Newell & others Thomas Tilestoue PIsq & M"^ William Royall with 
such as the Hou''''^ Board shall appoint be a Committee for laying out 
the Township hereby Granted to Thomas Tilestone and Others, Charles 
Church and Joseph Mason Esq''* with such as the Honourable Board 
shall appoint be a Committee for laying out the Township hereby 
Granted to Samuel Gallop and Others, & Capt" John Hobson & Capt" 
John Choat with such as the Honourable Board shall appoint b^ a 
Committee for laying out the Township hereby Granted to Abram 
Tiltoii and Others, for laying out the said Townships Respectively 
and Admitting the Settlers as aforesaid, who shall take bond of each 
Grantee, to the Value of Twenty pounds to the Province Treasurer 
for the respective Grantees fulfilment of their Grants ; each lot as 
aforesaid to be entituled to and draw future divisions in equal pro- 
portions iu the Townships or Plantations Respectively ; and that the 
Committees, return the plats of the Townships to this Court within 
twelve Months for confirmation as also a list of the names of the Re- 
spective Grantees and their place of Residence into the Secretary's 
OHfice, that so the same may be Examined by a Committee that may 
be appointed hereafter for that purpose by this Court : And it is 
hereby further 

Ordered that in case any of the Grantees shall neglect or delay to 
fulfill the Terms of this Grant such Person or Persons shall forfeit to 
the Province all his or their Right and Interest in the Land hereby 
Granted. 

In Council. Read and Concurred, and 

Ordered that William Dudley Esq be joined to the Committee for 
laying out the first Township, Joseph Wilder Esq for the Second, 
Edward Goddard Esq for the third, and Thomas Berry Esq for the 
fourth Township. [^Passed* June 19. 



CHAPTER 40. 

ORDER OF NOTICE ON THE PETITION FOR DIVIDING THE COUNTIES 
OF MIDDLESEX & WORCESTER. 

A Petitiox of Benjamin Prescott Esq"' & M"" Joseph Blanchard in Legislative 
behalf of divers Towns in the Countys of Middlesex & Worcester counS x'vi!!^ 

Setting forth that the said Countj's are of a large Extent and the '^J^ 

Towns that are most distant from the Shire Towns are put to Great House Jour- 
Inconveniencys as to their Inhabitants Attending on the Courts of ^'^^-p-**^- 
Justice and on other Acco'* And therefore praying that the Towns of 
Chelmsford Billerica, Groton, Dunstable, Littleton, Westford, Dracutt, 
Nottingham, Townshend Lunenburg, Harvard, Tewksbury & Litchfield, 
which lye Conveniently for that purpose, may be Erected into a Dis 
tinct County 

Read «fe 

Ordered that the petition be Referred to the next Sitting of the Court 
for consideration and that in the mean time the pet" Serve such Towns, 
as they pray for to be P^rected into a Seperate County who have not 
petitioned therefor, with a Copy of the petition, that they shew Cause 
if any they have, why the prayer thereof should not be Granted, And 
the Memhei's of this Court belonging to the Respective Towns in the 
Countys of Middlesex & Worcester may also if they see Cause Notify 
their Respective Towns that they may also give their Reasons why the 
prayer of the petition should not be Granted. \_Passed June 19. 



144 



Province Laws {Resolves, etc. ) . — 1735-36. [Chaps. 41, 42.] 



CHAPTER 41. 



Legislative 
Records of the 
Council, xvi., 
170. 

House Jour- 
nal, pp. 26, 27. 
Post, p. 2.38, 
chap. 253. 



VOTE GRANTING A TOWNSHIP TO ROB^ HALE ESQ" & OTHERS. 

A Petition of Robert Hale Esq' in behalf of the Officers & Soldiers 
that were iu the Expedition Against Canada in the Year 1690 Under 
the Command of Cap' William Raymond/ most of whom belonged to 
the Town of Beverly, which Town has had no Grant of land from the 
Province excepting, some few Narragansett Soldiers, and the heirs of 
the Pet" Grandfather, that the said Soldiers in the Canada Expedition 
endured Great hardship ; Aud therefore praying for a Grant of land 
of Six Miles Square for a Township for the said Soldiers & their Rep- 
resent" 

In the House of Represenf^ Read & in Answer to this petition 

Voted That a tract of the Unappropriated Lands of the Province of 
the Contents of Six Miles Square be & hereby is Granted to the pet" 
their heirs and assignes Respectivly for a Township, to lye in Some 
Suitable place so as not to Spoil or incommode the Settlement of an 
other Town, and that the Grantees be & hereby are obliged to bring 
forward the Settlement of the said Township in as Regular and Defen- 
sible a manner as the Situation &, Circumstances of the place will Admit 
of, in the following manner, viz' that each Grantee or his heirs or As- 
signes build an house on his Respective Lot or Share of Eighteen feet 
Square and Seven feet Stud at the least, and plow and bring to Eng- 
lish Grass & fit for mowing, Six Acres of Land ; and that they Settle 
a Learned Orthodox Minister and Build a Convenient Meeting house 
for the Publick Worship of God, That one Sixty third part of the 
Township be and hereby is Granted to the first Settled Minister, the 
like quantity for the use of the Ministry, and the like quantity also 
for the use of the School, in all the divisions of the said Township ; 
That the said Grantees be and hereby are Obliged to Comply with 
all the Conditions within five Years ; And that Robert Hale and John 
Wainwright Esq'"'' with such as shall be Appointed by the Hon"*'" Board, 
be a Com''^^ to lay out the said Township, at the Charge of the Prov- 
ince ; and the committee is directed to take Bond of each Grantee of 
Twenty pounds for the fulfillment of the Conditions aforesaid, the 
bonds to be made to the Province Treasurer and in Case any of the 
Grantees fail of the performance of his Grant, such person shall for- 
feit all Right Title or pretence thereto to the Province to be disposed 
of as this Court shall think proper ; The Com'*''' to Return a Plat of the 
said Township to this Court within twelve Months for Confirmation 

In Council Read & Concurr'd and Ebenezer Burrill Esq' is Joined 
w'^ the Com'^^ of the House for the above Affair. \_Passed* June 19. 



CHAPTER 42. 

ORDER OF NOTICE ON JN^ MAVERICKS PETITION FOR LEAVE TO BRING 

AN ACTION. 



Legislative 
Records of the 
Council, xvi., 
171. 

House Jour- 
nal, p. 47. 



A Petition of John Maverick of Boston Shopkeeper Complaining of 
the Irregular Conduct of the Sheriff of the County of Suffolk in his pro- 
ceedings with One Jeremiah Osgood a Debtor to the Pef more Especially 
in his Refusing to deliver to the Pef the Bail Bond of the said Osgood 
that so he may put it in Suit Against his Suretys and praying for Relief 

Read & 

> The House Journal, p. 27, reads, " William Rayment." 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 145 

Ordered that the Pef Serve Edward Winslovv Esq"" the Adverse party 
with a Copy of the petition that he may Shew Cause on Friday the twen- 
tieth lustaut (if any he have) why the prayer thereof should not be 
Granted.^ [^Passed June 19. 



CHAPTER 43. 



ORDER IMPOWERING THE TOWN OF MEDFORD TO SURVEY AND LAY 
OUT 1,000 ACRES OF LAND. 

A Petition of the Inhabitants of the Town of Medford, Shewing Legislative 
that the said Town is of the Smallest Extent of any in the Province, coSncU^ xvi!*^ 
and yet their Town Charges Extreemly high, so that the Maintenance itl 



of the Ministry & School is very Chargable to them, and therefore House Jour- 
praying for a Grant of some of the waste lauds of the province, to be °^i>p-*^- 
Appropriated for the Support of a Minister & Schoolmaster in the 
said Town Read & 

Ordered that the Prayer of the petition be So far Granted, as that 
the Town of Medford is hereby allowed & Impowred hy a Survey'' & 
Chainmen on Oath to Survey & lay out One Thousand Acres of the 
Unappropriated Lands of the Province, and Return a plat thereof to 
this Coui't within twelve months for confirmation, for the uses within 
mentioned. [^Passed June 20. 



CHAPTER 44. 

ORDER ALLOWING £10 TO THE TOWN OF HOPKINTON. 

A Petition of John Jones Esq'' Represent^ of the Town of Hopkin- Legislative 
ton, praying that this Court would Remit the fine of ten pounds, laid councif xvf.*^^ 
on the said Town in the Tax Act, for not Sending a Represent'^ the 172 . 
last year, the Town being very poor and not Apprehending at the time House Jour- 
that they were Obliged by Law to Send a Representative Read & province 

Ordered that the prayer of the petition be Granted, and the Sum of Laws, »•, 726, 
Ten pounds is accordingly Granted and Allowed to be paid out of the ^ ^^- ' 
Publick Treasury to the Order of the Town of Hopkinton, to Reimburse 
them the Sum of ten pounds they paid into the Treasury on Accompt 
of the said Fine. \_Passed June 20. 



CHAPTER 45. 

VOTE GRANTING A TOWNSHIP TO JAMES WARREN ESQ« & OTHERS. 

A Petition of Major James Warren, for himself and others, that Legislative 
Served in the Expedition against Canada in the Year 1690, Under councif,xvi., 

Jo.seph Sylvester, or are the Representatives of such of the said Sol- Y!^ 

diers as are deceased : Praying for a Tract of the Province Lands of House Jour- 
the Contents of Six Miles Square for a Township to Settle on, in con- pos^^'p! -zsd, ' 
sideration of the great hardships the}' or their Ancestors endured in '^^^^^- ^^• 
the said Expedition. 

' At the hearing on the 27"' June, 1735, House Journal, p. 75, the petition was dis- 
missed; according to Legislative Records of the Council, xvi., 192, the hearing was 
June 28"". 



146 



Province Laws (^Resolves, etc.). — 1735-36. [Chap. 46.] 



Eeacl & 

Voted That a Tract of the Unappropriated Lands of the Province 
of the Contents of Six Miles Square be and hereby is Granted to the 
Pet" their heirs and Assignes Respectivly forever, for a Township, 
to lye in Some Suitable place ; That the Grantees be and hereby 
are obliged to bring forward the Settlement of the said Township, in 
as Regular a manner as the Situation and Circumstances of the said 
Town will Admit, in the following manner viz' That each Grantee his 
heirs or assignes build an house on his Respective Lott or Share of 
Eighteen feet Square & Seven feet Stud at the least, and plow & 
bring to English Grass & fit for mowing Six Acres of land ; And that 
they Settle a Learned orthodox Minister, & build a Convenient Meet- 
ing house for the Publick Worship of God ; that one Sixty third part 
of the said Township be and hereby is Granted to the first Settled 
Minister, the like quantity for the use of the Ministry, & the like quan- 
tity for the use of the School, in all the Divisions of the said Town- 
ship ; that the Grantees be and hereby are obliged to give a Bond of 
Twenty pounds for the Fulfilment of the Conditions aforesaid ; the 
Bonds to be made to the Treasurer of the Province, and in Case any 
of the Grantees shall fail of the performance of his Grant, such per- 
son shall forfeit ail Right Title & pretence thereto in the Province, 
to be disposed of as this Court shall think proper. \_Passed * June 20. 



CHAPTER 46 



ORDER CONFIRMING 20 ACRES OF LAND TO ANDOVER SOUTH PRECINCT. 



Legislative 
Records of the 
Council, xvi., 
173. 

House Jour- 
nal, p. 48. 
Province 
Laws, ix.,121, 
chap. 9. 



A Petition of the Agents for the South Precinct in Andover, Shewing 
that a Committee of the General Court, in the Year 1710, Reported the 
laying out four Several peices of land for the ministry, in said precinct ; 
which Report was Accepted, and the Lands Confirmed to the precinct 
Accordingly ; but so it happened there w^as a great Mistake in the Entry 
of the said Report in the General Court Book ; one of the lines in the 
last Article of twenty Acres is left out by which means the Article as 
it stands is Ineffectual Which Article was intended to be as follows viz' 
"Granted to the said South precinct in Andover as part of their par- 
sonage, a parcell of Land about One half Mile distant from the Ministry 
house and Meeting house in said precinct, containing twenty Acres 
bounded as follows viz' begining at a Walnutt bush (now a Small 
tree) on a Rising Ground where a Smiths Shop Stood formerly, thence 
Runing Northerly Seventy Six poles to a piller of Stones thence East- 
erly forty one poles to a White Oak tree Marked, (Deacon William 
Lovejoys land adjoining on the Northerly Side of the Line last men- 
tioned) from thence Southerly fort}'^ three poles to a black Oak tree 
mark'd (Samuel Abbots land Adjoining on the Easterly Side of this 
line) from thence by the Country Road Six poles to the first bounds" 
According to which bounds the Laud has been possessed & improved ; 
Therefore praying the Order of this Court for Rectifying the said Mis- 
take and Confirming to the said precinct the said twenty acres of land 
by the line above mentioned. 

Read & 

Ordered that the prayer of the petition be Granted and that the 
twenty Acres of land within mentioned be Confirmed to the South 
precinct in Andover According to the bounds particularly Set forth 
in this petition. l_Passed June 20. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 147 



CHAPTER 47. 

ORDER OF NOTICE ON BEN. ELIOTS PETITION FOR CONFIRMATION OF 

A DEED. 

A Petition of Beujamiu Eliot of Beverly in the County of Essex, Legislative 
Shewing that his Grandfather Andrew Eliot deced, by his will, be- councn^ x Vi!!^ 

queathed unto William Eliot the pet" father (now also deced) and YI^ L 

to the heirs of his body Lawfully begotten a Farm which he bought House Jour- 

of Zachariah Symmes of Charlestown, that the Deed given to the pet" "^^''PP- 33.48. 

Grandfather by the said Zachariah & Dorcas his wife (in whom the 

Fee lay) being Cassually Defaced & for Sometime Mislaid, it was not 

put upon Record That the pet" further Obtained of the said Dorcas 

a Quitclaim of the said Land to him his heirs and assignes, by which 

a great part of the pet" Inheritance will go to his Brothers & Sisters ; 

And therefore praying that the first mentioned Deed, which is latly 

found (tho much Defaced) may be confirmed by the Order of this 

Court. 

Read & 

Ordered that the pef Serve the Other Children of William Eliot 
deced, as well as the Admors of his Estate with a Copy of the peti- 
tion, that they Shew Cause on the first Fryday of the next Sitting 
of the Court (if any they have) why the prayer thereof should not 
be Granted, and the petition is Referr'd in the mean time. \_Passed 
June 20. 



CHAPTER 48. 

ORDER APPOINTING A COM™e poR LAYING OUT A TOWNSHIP TO CAP^ 

SYLVESTERS C". 

In the House of Represent" r^^'^^h*^^? th 

Voted that John Cushing jun"^ & James Warren Esq"^ with Such as council, xvi., 

the Hon*''" Board shall Appoint be a Com"^^ to lay out the Towmship H^ 



lately Granted to the Officers & Soldiers & the Represent'' of such as Ji^T^® '^""'j^o 
are deceased, who w^ere in the Canada Expedition Anno 1690, Under Ante, ^. U5, 
the particular Command of Cap' Joseph Silvester late deced, and that ^bap. 45. 
the Com"^*" Return a plat of the Township to the Court within twelve 
Montlis for confirmation, and take Effectual Care that the Grantees 
comply with the Several Conditions of the Grant In Council Read 

& Concurr'd and Samuel Thaxter Esq"' is Joined in the Affair. [^Passed 
June 21. 



CHAPTER 49. 

ORDER SUBSTITUTING MR WILLIAM FAIRFIELD FOR MR SAMUEL DAN- Legislative 

FORTH ON THE COM^^e qN THE BOXFORD AFFAIR. Records of the 

Council, XVI., 
175. 

Ordered that M['^] William Fairfield be of the Com*'''' on the two peti- House Jour- 
tions from some of the Inhabitants of Boxford in the Room of Samuel nai.p.ss. _ 
Danforth Esq'' who prays to be Excused from that Service. ^Passed ctop. 22. ' 
June 21. 



148 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 50-52.] 



CHAPTEE 50. 



ORDER OF NOTICE ON JUDITH & MARY FISHERS PETITION FOR LEAVE 
TO BRING FORWARD A WRIT OF REVIEW. 



Legislative 
Records of the 
Council, xvi., 
175. 

House Jour- 
nal, p. 50. 



A Petition of Judith & Mary Fisher (Executors of the last will & 
Testament of Joshua Fisher late of Dedhain deced) & others, praying 
for Liberty to Review an action against Mary Vose of Dorchester & 
others commenced by them for Recovering Certain Rights in dorches- 
ter belonging to their Ancestor Elder Wiswal deced ; which Action 
went against the pet" by Reason of the Concealm' of a paper Neces- 
sary in the Cause, which defect is Supplyed by a Vote of the Proprie- 
tors of Dorchester pass'd Since the last Trial. 

Read & 

Ordered that the petition be Referr'd to the next Sitting of the Court 
for consideration, and that in the mean time the pef^^ Serve the Adverse 
party Henry Vose with a Copy of the petition that he shew Cause on 
the first Thursday of the said Sitting why the prayer thereof should 
not be Granted.^ [Passed June 21. 



CHAPTER 51 



ORDER ALLOWING £24 TO THE TOWN OF FALMOUTH. 



Legislative 
Records of the 
Council, xvi., 
176. 

House Jour- 
nal, p. 48. 
Province 
Lavrs, ii., 726, 
chap. 13; 733. 



A Petition of Cap* Joseph Robinson Represent^ of the Town of 
Falmouth in the County of Barnstable, Shewing that the Inhabitants 
of tlie said Town Apprehended that they were not obliged to Send a 
Represent'' to the Court because they ^ were not Sixty qualified Voters, 
being Ignorant that the Law that States that number is disallowed ; 
And praying that their Fine of Twenty four pounds for not Sending 
a Represent^ may be Remitted to them 

Read & 

Ordered that the prayer of the petition be Granted ; and the Sum 
of Twenty four pounds is hereby Accordingly Granted and Allowed 
to be paid out of the Publick Treasury to the order of the Town of 
Falmouth in the County of Barnstable to Reimburse them the Fine 
within mentioned. \_Passed June 21. 



CHAPTER 52. 



ORDER IMPOWERING THE HEIRS OF JOHN WATTS DECED TO EXECUTE 

A DEED. 



Legislative 
Records of the 
Council, xvi., 
176. 

House Jour- 
nal, pp. 52, 53. 



A Petition of John Penhollow Esq'' (Guardian of Lydia Watts) & 
Elizabeth his wife. Executrix of John Watts Esq"" Deced Caleb Rich- 
ardson and Elizabeth his wife and John AVatts Mariner, which said 
Lydia Watts and Elizabeth Richardson are Children of the said John 
Watts deced. Shewing that the said John Watts dyed Seized of three 
Eighths & one Thirty Second part of the Grist Mill in Charlestown, 
which are of little profit to the Pet" & will Shortly Require a Great 

1 At the hearing November 22, 1735, House Journal, p. 101, this petition was dismissed. 

2 Sic, in both copies of Legislative Records of the Council. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 149 

Charge for Repairs And therefore praying that they may be Impowred 
to Sell the said Estate. 

Read & 

Ordered that the prayer of the petition be Granted and the Pef^ are 
Accordingly enabled to Execute a deed of the Estate within mentioned, 
which shall to all Intents and purposes convey the property to the pur- 
chaser & his heirs and assignes ; Provided John Penhallow Esq' in behalf 
of Lydia Watts and Caleb Richardson in behalf of Lydia ^ his wife give 
Security in double the value to the Judge of Probates for the County 
of Middlesex, that the said Lydia & Elizabeth shall Receive the full 
value of their part of the premisses at their Arrival at the age of Twenty- 
one Years, or in Case of the Decease of both or Either of them before 
that Age, that then their Legal Represent" Respectivly shall Receive the 
same, and that the Interest or use of Lydia's proportion in the Mean time 
shall be Improved for her benefit. \_Passed June 21. 



CHAPTEE 53. 

ORDER IMPOWERING COLLECTORS TO RECEIVE TAXES AFTER THE 
EXPIRATION OF AN ACT. 

A Petition of Rowland Houghton for himself and in behalf of the Legislative 
Other Collectors of the Taxes at North Yarmouth, Setting forth many counc'if, xvi!!^ 
Difficulty s they are under in the Execution of their office, more Espe- n?. 
cially by Reason of the Expiration of the Act Impowriug Collectors House Jonr- 
to make distress on the lands of Non Resident Proprietors, Shewing province' 
that the Proprietors Clerk has Represented that there are many mis- Laves, ii., 6i6, 
takes in the Entries in the Proprietors Book that there is Great Incon- 
venience in the Number of Lotts being entred in figures and not in 
Words at length ; Praying the Direction & order of this Court for 
Remedying the Inconveniencys abovementioned 

Read and inas much as the Rates mentioned in this petition were 
assessed on the Inhabitants of the Town of North Yarmouth, as also 
the Debt due from the Estate of the late Cap' Parker, which was part 
of a Rate to him in his life time committed, and Collected, but not paid 
into the Town Treasury, as appears by the Report of the North Yar- 
mouth Com''^'' Accepted and Approved by this Court ; Therefore 

Voted that the Collectors of the said Rates and Debt, Notwithstand- 
ing the Expiration of the Law for Subjecting Lands to be sold, the 
owners whereof Refuse or Neglect to pay the Taxes assessed on them 
by order of the General Court, shall [be] & hereby are Authorized and 
Impowred to Recover the said Assessments & Debts as fully to all 
Intents as if the s'' Law were in force and not expired, and that the 
other Colectors of Taxes upon the Proprietors to whom assessments 
were Committed proceed according to the Direction & Rules in the 
said Expired Act and the Warrants annexed to such Rates. \_Passed 
June 23. 

' This should be Elizabeth (House Journal, p. 53), though it is Lydia in both copies of 
the Legislative Records of the Council. 



150 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 54, 55.] 



CHAPTEK 54. 



Legislative 
Records of the 
Council, xvi., 
177. 

House Jour- 
mal, pp. 51, 52. 
Province 
Laws, ii., 151, 
■chap. 10. 
Ante, p. 93, 
.chap. 200. 



ORDER IMPOWERING MOSES SPEEN TO SELL LAND. 

The CoM™^on the Petition of Moses Speen of Natick Indian, [ante, 
p. 93, chap. 200] gave in the following Report viz' 

Pursuant to the Order of Court we have Attended said Service, and 
have Enquired of Sundry persons, both English & Indians, concerning 
the Circumstances of the Pef^ nioses Speen ; who all Agree that he is 
a Lame man, and not able to Labour and that he Stands in very much 
Need of a Comfortable house to dwell in, and is not able any other way 
to build one but in the way he petitions for, namely by Selliug Some of 
his Land to procure money to def rey the Charges thereof ; We are there- 
fore humbly of Opinion that so much of his common lands lying in the 
common and Undivided Lands m Natick as the produce thereof may be 
Judged Sufficient to build a Small comfortable house for him to dwell 
in, be Sold for the Most the same will fetch being first Posted up Agree- 
able to the Law of the Province made in the Sixth Year of King George 
the first Chap. 3'' ; And that the said Moses Speen be Enabled to Exe- 
cute a Good and Lawfull Deed of the premisses to the purchaser, and 
that a Com''''' be Chosen to see that Justice be done in the Sale of said 
Lands, and also to see that the produce thereof be Improved for the 
Erecting building & finishing of the House above mentioned for the 
benefit of the said Moses Speen. All which is humbly Submitted by 
the Com""^ Ebenezer Allen 

OxENB. Thatcher 

Read & 

Ordered that this Report be Accepted and that the pef be and hereby 
is Impowred to make Sale of so much of his Right in the Common and 
Undivided Lands mentioned in this petition, as shall be Judged by the 
Com"'" hereafter named. Sufficient to build him a Comfortable house to 
dwell in and that he have leave to execute in due form of Law a Deed 
of said Land to such person as will give most for the Same, Notifica- 
tion of such Sale being first posted up Agreeable to the Law of this 
Province, made in the Sixth Year of the Reign of his late Majesty 
King George the first Chap. 3'' and that such Instrument make a Good 
Title to the purchaser his lieirs and assignes forever ; and that M'' Ox- 
enbridge Thacher & M' Ebenezer Allen be the Com"''' to see that Jus- 
tice be done the pef in the Sale of the premisses and that the produce 
thereof be Improved for the purposes before mentioned. & the Pet" 
benefit. [^Passed June 23. 



CHAPTER 55. 



Legislative 
Records of the 
Council, xvi., 
179. Maps and 
Plans, Mis., 
Ix., 9. 

Maps and 
Plans, Mis., 
ix., 9. House 
Journal, p. 56. 
Ante, p. 29, 
chap. 57. 



ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO DOM^ JORDAN. 

A Plat of three hundred Acres of laud. Granted to Cap' Dominicus 
Jordan by the General Court in June 1734 Surveyed by James Springen 
Survey"" & Chain men on Oath, lying in the County of York, beginiug 
at a Maple tree Standing about twenty poles above the falls in Pesump- 
scott River, Marked D ithence Runing West North West two hundred 
poles ; thence South West two hundred and twenty poles then East South 
East two hundred poles home to the River & so up the River to where 
it began 



[1st Sess.] Province Laws {Resolves ^ etc.). — 1735-36. 151 

Read and 

Ordered That this plat be aud hereby is Accepted and the Lands 
therein delineated and described are accordingly confirmed to the said 
Cap' Dominicus Jordan his Heirs and assigns for Ever provided the plat 
exceeds not the quantity of three hundred Acres of Land and does not 
interfere with any former Grant. \_Passed June 24. 



CHAPTER ^6. 

ORDER IMPOWERING MARY LEGG & OTHERS GUARDIANS TO EXECUTE 

A DEED. 

A Petition of Mary Legg Edward Bulkley & Martha his wife & Legislative 

_ , -r. T ^< 1- /. T-11-11T • I'l -1 Records of tlie 

Joseph Brandon Guardian of Elizabeth Legg a minor, which said Council, xvi., 

Mary Mart ha and Elizabeth are Grand Children of Simeon Stoddard ]^ 

Esq'' deced, Shewing that by Virtue of their said Grandfathers will QjJi"?f gg""""' 
they enjoy a peice of Land in Sudbury Street, As also Another peice 
of Land lying on the backside of the said M'' Stoddards Buildings in 
Cornhill in the Town of Boston; which they hold in Common, that 
the said Land is of little profit to them as it lyes, and they cannot 
dispose of it by Reason Of the Minority of the said Elizabeth ; And 
therefore praying that this Court would Impower the Guardian of the 
said Elizabeth to Join with the other petitioners in the Sale of the 
said two peices of Land 

Read & 

Ordered that the prayer of the petition be Granted ; and the Pet" 
are Accordingly enabled to Execute a Good deed or Deeds of the 
Estate witliin mentioned ; which shall to all Intents & purposes con- 
vey the property to the purchaser or purchasers, his & their heirs and 
assignes Respectivly ; Provided Joseph Brandon, in behalf of Elizabeth 
Legg, give Securit}^ in Double the value to the Judge of Probate for 
the County of Suffolk that the said P^lizabeth shall Receive the full 
Value of her part of the proceeds of the Sale of the premisses at her 
Arrival at the Age of twenty one Years or Marriage or in Case of the 
Decease of the said Elizabeth before that then her Legal Represent^ 
shall Receive the same And the Interest or use of the said Elizabeths 
proportion in the meantime shall be employed for her benefit, \_Passed 
June 24. 



CHAPTER 57. 

ORDER OF NOTICE ON THE COMMITTEE OF STOUGHTON PETITION TO 
HAVE LAND OF WRENTHAM RETURNED. 

A Petition of Isaac Royall & others in behalf of the Town of Stough- ^If^r^fg^of^ije 
ton Shewing that whereas the General Court were pleased in the Year council, xvi., 

1724 to set off to the Town of Wrentham divers Inhabitants of Dor- }^ . 

Chester with their Effects within the following Bounds, viz' by a line ^j^^j"!f ^^"^^ 
begining at a Rock known by the name of Dedham Rock, from thence Province' 
to a place known by the name of Woodcocks well, & so on a Strait line ^ifap^i97.' ' 
to the bounds of Norton there is a Bridge that lyes within the Town 
of Stoughton called Wading Bridge, but of no use to the Inhabitants 
thereof but Chiefly Improved by the people Set off from Dorchester 
to Wrentham, as also two Roads within the said Town of Stoughton 
which are under the same Circumstances Therefore praying that the 



152 



Province Laws {Resolves^ etc.). — 1735-36. [Chaps. 58, 59.] 



whole Tract of land Including the said Bridge & Roads may be Joined 
to the said Town of AVrentham or that the Inhabitants aforesaid may 
be Restored to Stoughtou which was that part of Dorchester from 
whence they were taken. 

Read & 

Ordered that the Pef serve The Town of Wreutham with a Copy of 
the petition that they shew cause on the tirst Fryday of the next Sitting 
of the Court, w^hy the prayer thereof should not be Granted & the peti- 
tion is Referr'd in the meantime for consideration. [_Passed June 24. 



CHAPTEK 58. 



VOTE REFERRING TO M'' SAMi- FISKE. 



Legislative 
Records of the 
Council, xvi., 
182. 

House Jour- 
nal, p. 60. 



In the House op Represent^^ Upon a Motion made & Seconded by 
many of the Members The following Question was put. viz' 

Whether the proceedings of the Convention of Ministers at Boston 
May 29"' 1735 in Chusiug M' Samuel Fisk late pastor of the first Church 
inSalein (who lies under Ecclesiastical Censure, is deposed by his Church, 
stands bound over to the Court of Sessions to answer for the Breach of 
the Kings peace, and is Under Bonds for the peace & Good behaviour) to 
preach the Sermon at that Convention at their Anniversary Meeting and 
their Attempting (with out the presence and Advice of their Churches) 
to determine on the power of a Church in deposing their pastor be not 
Contemptuous to Authority And whether such proceedings do not tend 
to disorder & Confusion as well in Church as in State 

Resolved in the Affirmative by a very Great Majority 

In Council Read & Concurr'd. \_Passed Jtine 25. 



CHAPTER 59. 

ORDER EMPOWERING THE INHABITANTS OF CIIeBACCO TO CHOOSE 
COLLECTORS OF TAXES. 



Legislative 
Records of the 
Council, xvi., 
183. 

House Jour- 
nal, pp. 59, 60. 



A Petition of the Com"^'' for the precinct of Chebacco in the Town 
of Ipswich, Shewing that it has been their Custom to Commit the Col- 
lection of their precinct Rates to their Constable ; and therefore the 
precinct omitted Choosing a Collector at their Meeting in March last, 
that their Constable is latly gone to Sea, & there is no expectation of 
his Returning Seasonably for the Collection ; And therefore praying 
that they may be enabled to Chuse a Collector for Levying the pre- 
cinct Taxes for this Year 

Read & 

Ordered that the prayer of the petition be Granted and the Freeholders 
& other Inhabitants of the precinct of Chebacco, lawfully qualified, are 
hereby Allowed and Impowred to assemble at their Usual place of Meet- 
ing and make Choice of One or more Collector or Collectors, who shall 
be Under Oath, and be Obliged to Do the duty of a Collector to all In- 
tents & purposes in the Law whatsoever, as if he or they had been Chosen 
in the Month of March last for the ensuing Year. \_Passed June 25. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 153 



CHAPTER 60 



ORDER FOR MAKING £20,000 IN BILLS OF CREDIT. 



Ordered That the Com"^'' of this Court for Signing of Bills be Im- Legislative 
povvred and directed to Imprint and Sign a[s] Soon as may be Twenty couucif xvi^^ 
Thousand pounds in Bills of Credit on this Province viz' Eleven Thou- i83. 
sand pounds part thereof from the plate of the highest Denomination, House Jour- 
Seven Thousand pounds from the plate of the Middle Denomination, ""''■p-^s- 
and the Remaining two Thousand pounds from the Plate of the lowest 
Denomination, and to deliver the same to the Treasurer of this Province, 
to be Exchanged for torn and Defaced Bills, to be burnt & Consumed 
to Ashes by a Com"''^ to be Appointed by this Court ; the Committee to 
take a Receipt for the New Bills of the Treasurer, and to be paid for 
their Service as the Com'""' was paid for the last Bills made. [Pa.ssed 
June 26. 



CHAPTER 61. 

ORDER CONFIRMING A PLAT OF 500 ACRES OF LAND FOR THE GOV- 

ERNOUR. 

A Plat of five hundred Acres of land, being the Remaining part of Legislative 
One Thousand Acres Granted to his Excellency Jonathan Belcher Esq' counc'if, xii^*^ 

at the Session in Nov'' 1734: laid out by Richard Harding Survey"' & Chain i^i 

men on Oath lying between Taunton Norton and Rehoboth & bounded Maps and 
as follows viz' Begining at the North West Corner, which is three Ceeder x-.'s. 'House 
Trees, being the North east Corner of Rehoboth, thence Southerly two ']^nt€^^^'m^^' 
hundred & thirty Seven Rods by Rehoboth line to a black Oak tree, chap'. i39;' 
being the North West Corner of the Land laid out to the heirs of Ben- li^}'^' '^^''^P' 
jamin Church Esq% thence East 10 Deg. South One hundred & P>ighty 
Eight Rods, by said Churches land, to a Stake & Stones in said Church's 
line, about two Rods from a White Oak tree to the Northward of said 
Stake & Stones, thence East eighty two rods to a Stake & stones ^ Sup- 
posed to be in Taunton line ; thence Northerly by Taunton line to a great 
Chesnut Tree Mark'd, on the East Side, with the Letter T, thence West 
two hundred & fifty Rods by Norton line to the plat first mentioned 

Read &, 

Ordered That the plat be Accepted & the Lands therein delineated 
& described be & hereby are confirmed to his Excellency Jonathan 
Belcher Esq' Captain General & Govern'' in Chief of this province his 
heirs and Assignes forever, in full Satisfaction of the Grant of one 
Thousand Acres of Land, made in Decern'' last to his Excellency ; the 
other five hundred Acres being Confirmed to him in April last; pro- 
vided this plat exceeds not the quantity of five hundred Acres and 
does not interfere with any former Grant. \_Passed June 26. 

1 The words " thence . . . stones " are inserted from the State Library cop)', Legislative 
Records of the Council, xvi., 184. 



154 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 62-64.] 



CHAPTER 62. 



ORDER ACCEPTING THE COMMITTEES REPORT ABOUT THE £100,000 

LOAN. 



Legislative 
Records of the 
Council, xvi., 
186. 

House Jour- 
nal, \y. 61. 
Ante, p. 54, 
chap. 109. 
Infra, chap. 63. 



EzEKiEL Lewls Esq'' from the Com"^'' of both houses Appointed in 
Novem"' last to Audit & Settle the Accompts of the Commissioners & 
Trustees for the Publick Loans gave in their Report on the Accompts 
of the Commissioners of the £100,000 Loan for the Countys of Suffolk 
&, Nantuckett Essex Middlesex Plymouth Barnstable Dukes County 
&, Bristol. Read & Accepted. \_Pa8sed June 27. 



CHAPTER 63. 



Legislative 
Records of the 
Council, xvi., 
186. 

House .Jour- 
nal, p. 6'2. 
Province 
Laws, ii.,61, 
chap. 18. 
Supra, chap. 
62. Infra, 
chap. 64. 



ORDER ACCEPTING THE ACCO^s qf THE COMMISS^^ yoB, THE CO. OF 
SUFFOLK FOR THE £100,000 LOAN. 

On the Accompts of the Commissioners of the £100,000 Loan for 
the C of Suffolk 

Read & 

Ordered That these four Accompts begining the 13"^ of February 
1726, & Ending the 25'*' of March 1735, be Accepted, & the Commiss" 
be and hereby are Discharged of the Sum of Twenty two thousand four 
hundred and Six pounds twelve Shillings & five pence principal money 
& of the sum of Four Thousand & Sixty Six pounds fifteen shillings 
& Eleven pence Interest money and that they be Accountable for the 
sum of Seven Thousand four hundred & fifteen pounds Seven shillings 
& Seven pence principal money & for the sum of two Thousand & four 
pounds eight shillings & tenpence Interest outstanding together with 
what they may further Receive on Acco' of Law Suits. \_Passed June 27. 



CHAPTER 64. 



Legislative 
Records of the 
Council, xvi., 
186. 

House Jour- 
nal, p. 62. 
Province 
Laws, ii., 61, 
chap. 18. 
Supra, chap. 
63. Infra, 
chap. 65. 



VOTE ACCEPTING THE ACC^" OF THE COMMISS^s FOR THE C" OF ESSEX 
FOR THE £100,000 LOAN. 

On the Accompts of the Commiss" of the £100,000 Loan for the 
County of Essex 

Read & 

Voted that these five Accompts begining May 20. 1727 & Ending 
April 20. 1735, be Accepted, and the Commiss" be & hereby are dis- 
charged of the sum of Seventeen Thousand Nine hundred & three 
pounds One shilling & Nine pence principal money, & of the sum of 
Two Thousand one hundred & Seventy two pounds & one penny In- 
terest, upon their paying into the Treasury four pounds, three Shillings 
& Sixpence principal & one hundred & Eight pounds three Shillings & 
Sixpence, Interest Remaining in their hands as above ; likewise that 
they be Accountable for the principal money yet outstanding, being five 
Thousand three hundred & thirty four pounds fourteen shillings & nine 
pence, together with what Interest may be out standing and what they 
may further Receive on acco' of Law Suits. \_Passed Jane 27. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 155 



CHAPTER 65. 

VOTE ACCEPTING THE ACCO™ OF THE COMMISS^s FOR MIDDLESEX 0° 
FOR THE £100,000 LOAN. 

On the Accompts of the Commiss" of the £100,000 loan for the Legislative 
County of Middlesex Coundf xvf® 

Read & i87. 

Voted that these Several Accounts, begining Febry 13. 1726 & End- House Jour- 
ing Febry 13, 1734, be and hereby are Allowed, & the Commissioners province^'*'*' 
Accordingly dischai'ged of the aforesaid Sum of Fifteen Thousand Eight Laws, ii., ei, 

chjiD 18 

hundred fifty Seven pounds two shillings and Nine pence, principal, and swpra, chap. 
Three Thousand three Hundred Eighty Nine pounds one Shilling & five ^^^^ ^"m*^' 
pence. Interest ; and that they pay into the Treasury three Shillings 
Interest money now in their hands, as above. Likewise that they be 
Accountable for the sum of Twenty two hundred thirty Nine pounds 
Seventeen shillings & three pence Principal, and One Thousand One 
hundred & Six pounds Nineteen Shillings & two pence Interest, Still 
Outstanding together with what they may further Receive on Account 
of Law Suits. \_Passed June 27. 



CHAPTER QQ. 



VOTE ACCEPTING THE PLYMOUTH C« COMMIS^^ ACCO^s qf THE £100,000 

LOAN. 

On the Accompts of the Commiss''' of the £100,000 loan for the Legislative 
County of Plymouth Records of the 

•^ -^ Council, XVI., 

Read & i87. 

Fo^ed_that these Eight Accompts begining Febry 13"" 1726 & End- House Jour- 
ing Febry 13, 1734 be Accepted & Allowed, and the said Commiss'' province^' ^*' 
are Accordingly discharged of the sum of Four Thousand thirteen Laws, ii., 61, 
pounds Six Shillings & five pence principal, and Nine hundred and l^;/mfchap. 
Sixty five pounds fourteen shillings & a penny Interest, upon their ^^^^%''^' 
paying into the Treasury Thirty two pounds Interest money, now in 
their hands, as above ; likewise that they be Accountable for Two 
thousand Six hundred Sixty pounds thirteen shillings & Seven pence 
principal, & one thousand One hundred & Sixty Nine pounds Sev- 
enteen shillings & one penny Interest, which are Still outstanding 
together with what they may further Receive on Acco' of Law Suits. 
l^Passed June 27. 



CHAPTER 67. 

VOTE ACCEPTING THE BARNSTABLE & DUKES COUNTY COMISS^^ ACCO^^ 
OF THE £100,000 LOAN. 

On THE Accompts of the Commiss" of the £100,000 Loan for the Legislative 
Countys of Barnstable & Dukes County Records of the 

■r, T r> "^ Council, xvi.. 

Read & is;. 

Voted that these Eight Acco" begining Febry 13, 1725 & Ending in House Jour- 
Septem' 1734 be Accepted & the Commiss'' are Accordingly discharged p^.|;vhice 
of the sum of Six thousand Eight hundred & Seven pounds three shil- Laws, ii., ei, 



156 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 68, 69.] 



Supra, chap. 
66. Infra, 
chap. 68. 



lings & Seven pence principal, & one Thousand three hundred & Sev- 
enty eight pounds four shillings & four pence, Interest ; and that they 
forthwith pay into the Treasury Four pounds fifteen shillings Interest 
money Remaining in then- hands ; likewise that they be Accountable 
for three hundred & fifty four pounds Sixteen shillings & five pence 
principal money outstanding together with what Interest may be out- 
standing and what they may Receive on Account of Law suits. \_Passed 
June 27. - 



CHAPTER 68. 



Legislative 
Records of the 
Council, xvi., 
187. 

House Jour- 
nal, p. 66. 
Province 
Laws, ii., 61, 
chap. 18. 
Ante, p. 154, 
chap. 62. 
Supra, chap. 
67. Infra, 
chap. 69. 



VOTE ACCEPTING THE ACCO'^'^ OF THE COMMISS^^ FOR BRISTOL CO. 
FOR THE £100,000 LOAN. 

On the Accompts of the comiss'^^ of the £100,000 Loan for the 
County of Bristol 

The within ten Accompts of the County of Bristol begining Febry 
13. 1724 & Ending Febry 13. 1734 are 

Voted That they be Accepted and the said Commiss''* be & hereby 
are Accordingly discharged of the aforesaid Sum of Eight Thousand 
One hundred & forty pounds Sixteen shillings & Sixpence principal, 
Two Thousand two hundred & Sixteen pounds & three pence Inter- 
est, Upon their paying into the Treasury the Sum of Forty five pounds 
two Shillings & five pence Interest, Remaining in their hands as above 
likewise that they be Accountable for Seven hundred and Sixty Eight 
pounds thi'ee shillings & Six pence principal and Seventy four pounds 
Interest which is Still Outstanding together with what they may Receive 
on acco' of Law Suits. ^ \_Passed * June 27. 



CHAPTER 69. 

VOTE GRANTING THREE TOWNSHIPS TO BOSTON AND APPOINTING A 
COMMITTEE THEREFOR. 



Legislative 
Records of the 
Council, xvi., 

188. 

House Jour- 
nal, pp. 12, 13, 
51, 71. Post, 
p. 275, chap. 33. 



A Petition of the Selectmen of the Town of Boston by Order of the 
Inhabitants of said Town, Setting forth the Great Charges the said Town 
is at for the Support of their poor and their Free Schools, and that they 
pay near a fifth part of the Province Tax, And praying for a Grant of 
three or four Tracts for Townships to be Settled and brought forward 
as the Circumstances of the said Town of Boston shall Require, or upon 
such Conditions &, Limitations as this Court shall Judge Meet 

Read & in Answer to this petition 

Voted That there be and hereby is Granted to the Town of Boston 
three Tracts of Land, each of the Contents of Six Miles Square, and 
to be laid out in Some Suitable [Place] - or places in the Unappropri- 
ated Lands of the Province for Townships by a Survey"^ & Chainmen 
on Oath, and to Return Plans thereof to this Court for Confirmation 
within twelve Months, Provided the Town of Boston do within five 
Years from the Confirmation of the said Plans Settle on each of the 
said Towns Sixty Familys of his Majestys Good Subjects Inhab'^ of 
this Province, in as Regular and Defensible a manner as the Lands 
will Admit of, each of said Sixty Familys to Build & finish a Dwelling 
house on his home lot of the following Dementions viz' Eighteen feet 



1 The Governor's consent to this chapter will be found aiite, p. L54, chap. 62. 

* Inserted from the State Library copy. Legislative Records of the Council, xvi., 189. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 157 

Square and Seven feet Stud at the least ; that each of the said Settlers 
within said Term bring to and fit for Impi'ovement five Acres of said 
Homelot either by plowing or for mowing by Stocking the same well 
with English Grass, and fence the same well in, and Actually live on 
the Spot ; and also that they build and finish a Suitable and Convenient 
House for the Publick VVoi'ship of God, And Settle a Learned orthodox 
Minister in each of the said Towns, and provide for their honourable 
& Comfortable Support, and also lay out three House lots in each of 
the said Towns, each of which to draw a Sixty third part of said Town 
in all future divisions, One to be for the first Settled Minister, One for 
the Ministry and One for the School and in Order that the Conditions 
of this Grant may the more Effectually be Coniplyed with 

Ordered That Elisha Cooke Esq' M"" Oxenbridge Thatcher M [■•] Thomas 
Gushing jun"" and M'' Timothy Prout, with Such as the Hon''''' Board shall 
Appoint be a Com'*^ fi'Hy Authorized to Admit Settlers, and to take of 
each Settler a Bond of twenty five pounds for the performance of the 
Conditions, so far as Relate to their Respective Lotts ; which Bond shall 
be made payable to the Province Treasurer ; and in Case any of the Lotts 
in any one of the Townships hereby Granted shall not be Settled, in time 
and Manner as above provided, then Such Lot with the Rights belong- 
ing thereto shall Revert to be at the Disposition of the Government In 
Council Read & Concurr'd & that John Jeffries Jacob Wendell & Samuel 
Welles Esq"^^ be Joined in the Affair. \_Passtd * June 27. 



CHAPTEE 70. 

VOTE ABOUT THE AGENCY IN GREAT BRITAIN. 

In the House op Represent'^ The House entred into the Considera- Legislative 
tion of the Affair of the Agency And after a full debate thereon counc'if, xvi.^^ 

The Question was put Whether some Suitable person living within i89. 
the Kingdom of Great Britain shall be Appointed to Join Francis Legislative 
Wilks Esq^ in the Agency of the Province Coundf, xvi!!^ 

Resolved in the Affirmative ^ jourimrT eo 

In Council Read & Concurr'd. \_Passed June 27. 73,"74, 75, 76, 77'. 



CHAPTER 71. 

VOTE IMPOWERING THE ASSESSORS OF THE TOWN OF SUTTON TO 
LEVY AND COLLECT A TAX OF ONE PENNY PER ACRE ON LAND. 

A Petition of Percival Hall Represent" of the Town of Sutton in Legislative 
behalf of said Town Shewing that the Lands of the Non Resident Pro- counc'if, xvf,^ 
prietors are much Raised in their value by the Settlements there ; And 1^9- 
therefore praying that they may be Taxed at one penny <jp acre <j3 annum House Jour- 
for five Years for the Support of the Ministry «&; School there ^^ . P- ' • 

Read and in Answer to this j^etition 

Voted That the Unimproved Lands belonging to the Nonresident 
Proprietors of the Town of Sutton be and hereby are Subjected to a 

' " The two Houses proceeded, According to Order, to the Election of a Suitable person 
to be Joined in the Agency of this Province with Francis Wilks Esq'' and the Hon'''*" Sam- 
uel Holden Esq"" was Chosen by the Major Vote of the Council & House of Represente 

To which his Excellency Signed his Consent. [Passed June 28." — Legislative Records 
of the Council, xvi., 191. 



158 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 72, 73.] 



Tax of One penny ^ Acre <p Ann[um] for three Years next coming to 
be Applied towards the Charge of the Support of the Ministry & School 
there, and the Assessors of the said Town are fully Authorized and 
Irapowred to make the said Assessment, and the Constables or Colect- 
ors there are also directed & Eequired to Collect the said Tax of the 
said Proprietors and pay in the Same According to their Lists & War- 
rants for the uses aforesaid. \_Passed June 27. 



CHAPTER 72. 



ORDER IMPOWERING THE COMISS^s QF £100,000 LOAN FOR ESSEX CO. 

TO SELL LANDS. 



Legislative 
Records of the 
Council, xvi., 
190. 

House Jour- 
nal, pp.66, CT. 
Province 
Laws, ii., 61, 
chap. 18. 
Ante, p. 154, 
chap. 64. 



A Memorial of the Commiss" of the £100,000 Loan for the County 
of Essex, Shewing that, having let out part of the said Loan to divers 
Inhabitants of the County of Plymouth, they took Mortgages of lands 
there for Securing the same, which they have latly Sued out and taken 
possession of the premisses, that there is but a bare Majority of the 
Commissioners Remaining and the said Lands l3'ing at a Great Dis- 
tance they are put to a great trouble & Expence about them ; And 
therefore praying that some other persons may be Impowred to Sell 
the said Lands and that the Memorialists may be directed in what 
manner to proceed in cases where the Mortgaged Lands will not sell 
for so much as to pay the principal & Interest of the Money 

In Council Read & 

Voted That William Dudley & Thomas Cushing Esq''^ with such as 
the Hon''''' House of Represent*" shall appoint, be a Committee to take 
into consideration the Subject Matter of this petition, and Report what 
they think proper for this Court to do thereon ; as also on the Affair of 
the said Loan in the other Countys, especiall}' in the Countys of Hamp- 
shire & York, and Report what may be proper for the Court to do for 
the more Effectual drawing in the principal & Interest of that Loan. 

In the House of Represent" Read & Concurr'd and John Chandler 
William Brattle & John Wainwright Esq" are Joined in the Affair. 
[^Passed June 27. 



Legislative 
Records of the 
Council, xvi., 
191. 

House Jour- 
nal, p. 59. 
Ante, p. 95, 
Chap. 206. 



CHAPTER 73. 

ORDER OF NOTICE ON THE WRENTHAM PETITION IN REGARD TO A 

BOUNDARY LINE. 

A Petition of Jonathan Ware Esq'' & others, a Com""" for the Town 
of Wrentham Shewing forth that many hardships brought on them by 
the Settlement of the Western line of Wrentham so far as Relates to 
the Town of Bellingham, by an Order of this Court, pass'd in April 
last, for Accepting the Report of a Com""*^ to State the said line ; which 
Stating of the said line is Contrary to the Antient known Rights of the 
Inhabitants of Wrentham ; And therefore praying that they may be heard 
before this Court to Support their Rights 

Read & 

Ordered that the prayer of the petition be so far Granted as that a 
bearing be had on this petition Accordingly, before the Court on the 
first Tuesday of the next Sitting, & that in the mean time the pef' 
Serve the Town of Bellingham with a Copy of the petition and Order 
thereon that they may then have the Oppertunity of making their 
Defence. \_Passed June 28. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1735-36. 159 



CHAPTEK 74. 

ORDER OF NOTICE ON MARY BROWNS PETITION FOR LEAVE TO BRING 

AN ACTION. 

A Petition of Mary Brown (late Mary Clark) Shewing that in the Legislative 
Year 1695 She Intermarried with Christ_° Clark eldest son of Christo- councu^xvf^ 
pher Clark late of Boston Mariner deced, That in the said Year the 192. 
Judge of Probate Settled the Real Estate of the said Christ'^ the Father House Jour- 
on the Pef^ husband he paying the other Children their proportionable 'i''*'' p- "^2. 
Shares that about the same time the said Christopher the son Mortgaged 
to Stephen Minot late of Boston Esq'' deceased, the Northerly part of 
the said Real Estate Situate near the Town dock in Boston for Indemn- 
uifying the said Minot, who was bound with him for the paying of the 
said Legacy s, that the pef had a son born of Her Body of the said 
Christopher, who Survived his Father, and lived to the Age of Nine- 
teen Years, and then died ; That the Right of Redemption of the Mort- 
gaged premisses is in the pef as heir to her son, who was the only heir 
to his Father, that the said Estate has ever Since been in the posses- 
sion of the Mortgagee, without any Suit brought for the Recovery of 
it Praying that she may be Allowed to bring her Action for the Redemp- 
tion of the Mortgaged premisses 

Read «fe 

Ordered that the Pef Serve the Adverse party, the Executors of the 
said Stephen Minot Esq"" late deced with a Copy of the petition, that 
they Shew Cause, if any tiiey have, on the first Fryday of the next 
Sitting of the Court, why the prayer thereof should not be Granted 
and that the petition be Referr'd in the mean time for further consid- 
eration.^ \_^Passed June 28. 



CHAPTEE 75. 

ORDER ACCEPTING THE COMMITTEES REPORT ON BOXFORD INHARTs 
PETITION TO BE ERECTED INTO A SEPARATE PRECINCT. 

The Com™"^ Appointed on the petition of Job Tyler & others of the Legislative 
Northerly part of Boxford and on the petition of John Peabody John councif xvi^^ 
Hovey & George Coltou having Repaired to Boxford, & Viewed the 192. 
Situation and Circumstances of the pef' and of the said Town of Box- House Jour- 
ford, and fully heard all partys Relating to said Petitions, & Consid- ""j';/" "^f28 
ered thereon, are humbly of Opinion that the Ti'act of land Mentioned chap! 4;p. i29, 
& described in the petition of Job Tyler and others be made a Seperate chap .'49.^'^^'' 
precinct and that the Inhabitants within the bounds thereof, as well as 
the said Peabody Hovey & Colton ought to belong thereto ; All which 
is humbly Submitted by 

Sam'- Thaxter 
June 28. 1735 W Fairfield 

John Cushing jun^ 
Read & 

Ordered that this Report be Accepted and that the pet" together 
with John Peabody and others above mentioned & their familys & 
Estates be and hereb}' are Set off a destinct precinct Accordingly, 
and that the Charge of the Com""' Amounting to Thirteen pounds & 
three pence be paid b}' the Pet". \_Passed June 28. 

" At the hearing on the 25th of November, 1735, House Journal, p. 105, this petition 
was dismissed. 



160 



Province Laws {Resolves, etc.). — 1735-30. [Chaps. 76, 77.] 



Legislative 
Records of the 
Council, xvi., 
193. Maps .and 
Plans, Mis., 
ix., 15. 

Maps and 
Plans, Mis., 
ix., 15. House 
Journal, pp. 74, 
75. Ante, p. 73, 
chap. 148. 



CHAPTEK 76. 

ORDER CONFIRMING A PLAT OF 1,000 ACRES OF LAND FOR THE HEIRS 

OF MAJi* BULKLEY. 

A Plat of One thousaud Acres of laud laid out by Richard Harding 
Survey' & Chainmen on Oath, to fulfill A grant made by the General 
Court to the Heirs of Major Peter Bulkley deced, being bounded as fol- 
lows, viz' begining at a Boxwood Stake & Stones standing in Churches 
line, said Stake & Stones being a Corner of the land lately laid out to 
his Excellency Jonathan Belcher Esq"" thence East by his Excellencys 
land Eighty two Rods to a White Oak Stake & Stones Standing in Taun- 
ton line, thence by said Taunton line One hundred & Seventy two Rods 
to Taunton South West Corner, thence South & by West Seven hun- 
dred and thirty [three] Rods, to a Red Oak Stake and Stones [for a 
Corner, thence west One hundred & seventy rods to a Stake & stones] ^ 
in Rehoboth line for a Corner ; thence Northerly by said Rehoboth line 
Six hundred and three Rods to Church's South West Corner, thence 
east by said Church's land two hundred Rods to Churches Southeast 
Corner thence Northerly by said Churches land to the place first men- 
tioned. Read and 

Ordered That this Plat be Accepted and the Lands therein delineated 
and described be and hereby are confirmed to the Heirs of the within 
named peter Buckley Escf late dec*^ their heirs and assigns respectively 
for Ever, provided the plat exceeds not the quantity of one thousand 
acres of Land and does not interfere with any former Grant, provided 
also the Grant mentioned in the petition of the Heirs of the said peter 
Buckley Esq'' dec*^ in December last has not been satisfied heretofore. 
\_Passed June 28. 



Legislative 
Records of the 
Council, xvi., 
193. 

House Jour- 
nal, p. 78. 



CHAPTER 77. 

ORDER OF NOTICE ON EDM» GOFFES PETITION FOR LEAVE TO FILE A 
COMPLAINT AGAINST AN APPEAL. 

A Petition of Edmund Goffe Esq'' of Cambridge in the County of 
Middlesex shewing that at the Inf Court of Common pleas held at 
Salem for the County of Essex in Decem"" 1730, he Recovered two 
Judgments Against John Stacy and Andrew Tucker of Marblehead 
for £150 each from which they Appealed to the next Superiour Court 
but failed to prosecute their Appeal and the petitioners Attorney failed 
to file a Complaint and therefore praying that he may be Admitted to 
file his Complaint at the next Superiour Court for said County 

Read & 

Ordered that the pet"" Serve the Adverse partys Stacy & Tucker with 
a Copy of the petition that they shew Cause if any they have on Tues- 
day next if the Court be then Sitting if not on the first Tuesday of the 
next Sitting, why the prayer thereof should not be Granted. [Passed 
June 28. 

» A note in the margin says that the words enclosed in brackets were added in the year 
1773. See Legislative Records of the Council, xvi., 193. 



[1st Sess.] Province Laws {Besolves^ etc.). — 1735-36. 161 



CHAPTER 78. 

ORDER FOR A TOWN MEETING AT ACTON. 

Ordered That John Heald One of the principal Inhabitants of the Legislative 
Town of Acton in the County of Middlesex be and hereby is fully counctf, x vf,^ 

Authorized & Impowred to Assemble the Freeholders & other qual- }^ '_ 

ified Voters in said Town, as soon as may be, in some Convenient House Jour- 
place in said Town, to make Choice of Town Officers to Stand till ^^'P-'^- 
the Anniversary Meeting in March next. \_Passed June 30. 



CHAPTER 79. 

ORDER ALLOWING £5. 16. 8 TO CAP^ JA** WOODSIDE. 

A Memorial of Cap' James Woodside praying that this Court would Legislative 
make up to him the difference of his Wages while in the Command of council, xvi., 
Fort Mary at Winter Harbour & other Commanders of the Forts Wages 1^ 



and also that he may be Allowed the Sum of £5. 16. 8 Stop'd out of his ^aT^i^rT' 
Avages on Account of Sundry Stores he Received of the Treasurer, they 1727); p. 79. ' 
being Necessar}' for the Sick in his Garrison 

Read & 

Ordered that the sum of Five pounds Sixteen Shillings & Eight pence 
be Granted & paid out of the Publick Treasury to the Said Cap' James 
AYoodside to Reimburse the said Sum Stop'd out of his Wages as within 
mentioned. \_Passed July 1. 



CHAPTER 80. 

ORDER REFERRING DOR'' SALTONSTALS EXORS PETITION, WITH STAY 

OF EXECUTION. 

A Petitiox of Thomas Hutchinson John Ruck & Nathanael Sal- Legislative 
tonstall Esq--^ Executors of the last will & Testament of M"^^ Doro- Councff, xvi!!^ 
thy Saltonstall (formerly dorothy Frizzell) diced Shewing that James ^'^^' ^^^- 



Thornbury late of Boston Glover deced in the Year 1718 died Seized House Jour- 
of no other Estate but a messuage and land in Boston ; which by his so. ' ^^* '' ' 
will he left to Lydia his wife for her life & the Remainder to his Sis- 
ters Son William Kirkwood, & to the heirs of his body then lawfully 
begotten; of which will he made M' John Frizzell (former husband 
of the said Dorothy) and Cap' Gyles Fyfield the Executors ; That the 
said John Frizzell (the then Surviving Executor) Obtained an order 
for Selling the said house & land of the Sup"' Court for paying the 
said Deceds Debts, but paid the said Debts out of his own Estate, 
and dyed without Selling the said Estate, leaving his wife Dorothy 
abovenamed his Executrix, who sold the said house & land to Reim- 
burse her husbands Estate, Retaining the Overplus in her hands for 
the heirs of the said Thornbury ; That after Israel How, who puichas'd 
the said Estate, had laid out a considerable Sum thereon, for Repairs 
«fec & after the Decease of the said Dorothy the heirs of the said Kirk- 
wood brought their Action and Recovered the said Estate by which the 
Pet" or the Estate of the said Dorothy are like to be greatly Injured 



162 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 81, 82.] 



Therefore praying that this Court would confirm the sale of the said 
house & land & order that upon the payment of the overplus with In- 
terest to the Devisees of the said Thornbury the Judgment of the Supe- 
riour Court for Recovery of the premisses may be Superceeded or that 
the pef^' may be otherwise Releived and that Execution may be staid. 
Read together with the Answer of William & John Kirkwood & 
Ordered that this petition be Referr'd to the next Sitting of this Court 
for further consideration & that Execution be Staid in the meantime. 
\_Passed July 1. 



CHAPTEK 81. 



Legislative 
Records of the 
Council, xvi., 
196. 

House Jour- 
nal, p. 71. 



ORDER OF NOTICE ON SAM^ ALLENS PETITION WITH STAY OF EXE- 
CUTION. 

A Petition of Samuel Allen of Bridgwater Shewing that Judgment 
went Against him at the Superiour Court held at Plymouth in April 
_ last in an Action between the pef" and Amos Snell jun"" Upon the Re- 
port of Referrees and one of them did not well understand it when he 
Signed it Therefore praying that he may be Enabled to bring his Action 
of Review of the said Cause at the Superiour Court for the said County 
and that Execution on the said Judgment may be Staid in the Mean 
time Read &, 

Ordered that the Pef Samuel Allen Serve the Adverse party Amos 
Snell jun"" with a Copy of the petition that he Shew Cause if any he 
have on the first Fryday of the next Sitting of the Court Wh}' the 
prayer of the petition should not be Granted and the petition is Re- 
ferr'd in the mean time for consideration, and the Execution within 
mentioned is Stay** to the same time.^ \_Passed July 1. 



CHAPTER 82. 



Legislative 
Records of the 
Council, xvi., 
196. 

House Jour- 
nal, p. 77. 



ORDER OF NOTICE ON W^' NICHOLLS & BENJ'^ HALLOWELLS PETITION 
FOR LEAVE TO BRING A WRIT OF REVIEW, WITH STAY OF PRO- 
CEEDINGS. 

A Petition of William Nicholls & Benjamin Hallowell of Boston 
Shewing that they became Bail for One Nicholas Roach in an Action 
brought against him by one Thomas Clajion for Wages, that the said 
Roaches Attorney never Appeared in Court, so that Judgment went 
Against him by Default, and upon a Return on the Execution of 
Non est Inventus, the said Clanon took out his writ of Scire facias 
Against the pet" And for as much as the pet" Apprehend that there 
is Nothing due to the said Clanon, Praying for Liberty to Review the 
said Action at the next Inferiour Court of Common pleas, for the 
County of Suffolk and that the proceedings on the said Writ of Scire 
facias may be Staid in the mean time 

Read & 

Ordered that the pet" Serve the said Thomas Clanon, the Adverse 
party, with a Copy of the petition, that he Shew Cause, if any he 
have on the first Fryday of the next Sitting of the Court why the 
prayer thereof should not be Granted, and that the proceedings on 
the said writ of Scire facias be Staid in the Meantime." [^Passed 
July 1. 

' At the hearing on the 2i"> November, 1735, House Journal, p. 103, this petition was 
dismissed. 

2 At the hearing December 2, 1735, House Journal, p. 118, this petition was dismissed. 



[1st Sess.] Province Laws {Hesolves^ etc.). — 1735-36. 163 



CHAPTER 83. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE ACC^^ Legislative 
OF THE COMMISSIONERS OF THE COUNTY OF YORK FOR THE £100,000 5^'^?,^"ff<^* 1^^® 

• . . -_ L/OUllCll. XVI. I 

LOAN. 196. 

EzEKiEL Lewis Esq^ from the Com""" of both Houses on the Ac- chap! 169;' 
compts of the Commiss'^'' & Trustees made Report on the Accompts /»^ra, chap! 84! 
of the Comiss"^^ of the County of York which was Read & Accepted 
in both Houses and is Consented to.^ \_Passed July 1. 



CHAPTER 84. 

ORDER ACCEPTING THE ACC^^ OF THE COMMISSI* OF THE £100,000 LOAN 
FOR YORK COUNTY. 

On the Accompt of the Commiss" of the £100,000 Loan for the Legislative 
County of York ; Read & _ Councff xii*"® 

Ordered that these Six Accompts begiuing Febry 1729 & Ending 196. 
June 28. 1735 be Accepted and the said Commiss''^ are Accordingly House Journal, 
discharged of the sum of Five hundred pounds principal & two hun- Provmce 
dred & Eighty four pounds Six shillings Interest and that they forth- Laws, li., ei, 
with pay into the Treasury Three hundred & fifty Six pounds principal Isupra, chap. 
& Seven pounds ten shillings Interest now in their hands Likewise that ^^• 
they be Accountable for two hundred & Ninety One pounds principal 
& Six pounds fourteen shillings Interest Still outstanding with what 
further they may Receive for Interest. \_Passed July 1. 



CHAPTER 85. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE OF THE ACC^s OF Legislative 

THE TRUSTEES OF THE £50,000 LOAN. Records of the 

Council, xvi., 
196. 

EzEKiEL Lewis Esq** from the Com''"' of both Houses on the Accompts ^^^^ ^ 
of the Trustees and Commissioners of the Loan made Report on the chap! 169. ' 
Accompts of the Trustees of the £50,000 loan which was Read & ^»/^«'Chap.86. 
Accepted by both Houses.^ \_Passed July 1. 



CHAPTER 86. 

ORDER ACCEPTING THE ACCO^^ OF THE TRUSTEES OF THE £50,000 LOAN. 

On THE AccojiPTS of Addington [Davenport] Thomas Hutchinson Legislative 
and Edward Hutchinson Esq" trustees for the £50,000 Loan councu' xvP® 

Read & i^'- 

Ordered i\\Sii these four Accompts of the Trustees of the £50,000 House Jour- 

nil !> 81 

Loan begining Novem"" 1724 and Ending April 16. 1735 be and hereby Province' 
are Accepted, & the Accomptants discharged Accordingly of the sum Jifap^'io'; "x?' 
of Five Thousand Eight hundred & Seven pounds thirteen shillings &, 5i,'chap.'i28!' 

> Not found in the House Journal. 



164 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 87-89.] 



Supra, chap. 
85. 



Eleven pence principal, paid the Treasurer and of the sum of Five hun- 
dred pounds principal money, being so much that was Remitted Gov- 
ernour^ Usher by the General Court in their Session Nov"" 1727,^ & two 
Thousand five hundred & Sixty One pounds two Shillings & two pence 
Interest and that they are Accountable for One Thousand Six hundred 
& five pounds two Shillings & Eleven pence principal, Also for what 
Interest is now out standing and may further become due, together with 
what they may Receive further on account of Law suits. [ Passed July 1 . 



CHAPTEK 87. 



VOTE FOR A TOWN MEETING IN BOXFORD NEW PRECINCT. 



Legislative 
Records of the 
Council, xvi., 
197. 

House Jour- 
nal, p. 85. 
Ante, p. 159, 
chap. 75. 



Ordered that M"" Luke Hovey, one of the Principal Inhabitants of 
the Precinct lately made out of the Town of Boxford, be & hereby is 
Authorized & Impowred to Assemble the Freeholders & other qualified 
Voters, as soon as may be, in some Convenient place in said precinct, 
to make Choice of precinct otticers to stand till the Anniversary Meet- 
ing in March next. [Passed July 2. 



CHAPTER 88. 



ORDER ALLOWING THE BARNSTABLE CO TREAS^^ aCCC. 



Legislative 
Records of the 
Council, xvi., 
197. 

House Jour- 
nal, p. 75. 



An Accompt presented by Ebenezer Lewis Esq"" Treasurer of the 
County of Barnstable Having been laid before the Court of General 
Sessions of the peace for said County and by them Allowed 

Read & 

Ordered that the Accompt be Allowed in the Several Articles thereof 
excepting the Article (numbred 16) Amounting to ten pounds ten shil- 
lings paid Sher. Goreham for laying out a way to Sam^ Barkers Ferry 
place which Article is not allowed. \_Passed July 2. 



CHAPTER 89. 



ORDER IMPOWERING MOOREY & SMITH TO BRING AN ACTION FOR 
REDEMPTION OF AN ESTATE. 



Legislative 
Records of the 
Council, xvi., 
198. 

House Jour- 
nal, p. 86. 
Ante, p. 98, 
chap. 212. 



On the petition of John Moorey and John Smith \_ante, p. 98, 
chap. 212] Read together with the Answer of Charles Joslyn and 
others papers ; And the Matter being fully considered, 

Ordered that the pi-ayer of the petition be so far Granted, as that 
the pet" be and hereby are Impowred to File a New Plaint or Bill for 
the Redemption of the Estate within mentioned at the Sup'' Court of 
Judicature to be hoklen at Bristol in September next, and that in the 
time interveneing between that and the time of filing the New Complaint 
be no Bar or prejudice to the same, And the Justices of the said Court 
are hereby directed & Impowred to hear & Determine the same. \_Passed 
July 2. 

> Lieutenant Governor of New Hampshire, 1692-97, 1702-15. 
^ Qucere, June, 1726 ? See Province Laws, xi., 51, chap. 128. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 165 

CHAPTEE 90. 

ORDER ALLOWING £13. 16. 1 TO MICHi- WHIDDEN. 

A Petition of Michael Whidden of Portsmouth in the province of ^^s^i^J^*^^! 
New Hampshire, Praying that he may be Reimbursed out of the Treas- councir.xvi/,^ 

ury of this Province the Sum of £13. 16. 1 which he paid as tlie Charges ^^ . 

of his Sou Samuel Whiddeus Sickness while he was a Soldier in the House Jour- 
Service of the Province of which Sickness he dyed, ^^ ' ^'' 

Read & in Answer to this petition, 

Ordered that the sum of Thirteen pounds Sixteen shillings & one 
penny be Granted and paid out of the publick Treasury to the Pef 
Michael Whidden to Reimburse him the like Sum he paid on the Acco' 
of his Son Samuel for Doct^ &c while he was in the Service as appears 
by the Vouchers herewith. [^Passed July 2. 



CHAPTER 91. 

ORDER ON JOHN MAVERICKS PETITION PRAYING FOR POSSESSION OF 

A BOND. 

On the petition of John Maverick, [ante, p. 144, chap. 421 Legislative 

-r, -, ' L ' 1 ' 1 J Records of the 

Read & Council, xvi., 

Ordered that the prayer of the petition be Granted & that the Re- ^^'^' ^^^- 

spondent be and hereby is directed to assign over and deliver up the House J^P^q 
Bail Bond within mentioned, with full power to sue out the same, pro- Ante,\>. lu, 
vided the pef give the Respondent Sufficient Security to Indempnify chap. 42. 
him from any Charge or damage that may arise thereupon.' [Passed 
July 2. 



CHAPTER 92. 

ORD'' IMPOWERING GEORGE LEDAIN TO BRING AN ACTION OF REVIEW 
WITH STAY OF EXECUTION. 

A Petition of George Ledain of Boston Mariner Shewing that Sam^ Legislative 
Norton of Boston aforesaid Shipwright brought his Action Against the Councif, xvi.,^ 

pef while he was out of the Province for Forty pounds for house Rent, ^]^^^ . 

which was tried at the Inf Court in Boston in October last, which went ^°i"^® "^^o "^8(5 

against him, his wife (who was to Act for him) being then extreamly ^ > • ' • 

Sick & Ignorant of the Affairs of the Law ; «fe for as much as the peV 

has Really paid the money to the planf Bro'' to whom it was of Right 

due ; Therefore praying That he may be J^nabled to Review the said 

Action and make an Issuable plea thereon and that Execution may be 

Stay'd in the mean time 

Read together with the Answer of Samuel Norton ; And the Matter 
being fully considered. 

Ordered that the prayer of the petition be Granted and that the pef 
be and hereby is Impowred to Review the Action within mentioned at 
the Inf Court of Common pleas to be holden at Boston within & for 
the County of Suffolk in October next, that so he may make an Issu- 

' The foregoing order was first passed in Council, Legislative Records of the Council, 
xvi., 192, House Journal, p. 89; but on page 198 of Legislative Records of the Council 
the order is spoken of as having passed firstin the House of Representatives. 



166 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 93, 94.] 



able plea to his first writ within mentioned, and Contest the Merits of 
his Action his Default & the Judgment within mentioned notwithstand- 
ing and that the Execution within mentioned be Stayed in the mean 
time and the Justices of the said Court are hereb}' directed and im- 
powred to hear &> determine the said Action Accordingly. \_Passed 
July 2. 



Legislative 
Records of the 
Council, xvi., 
159, 199. 

House Jour- 
nal, pp. 33, 84. 



CHAPTEK 93. 

ORDER ON NATHi- SALTONSTALS PETITION FOR NEW TRIAL OF AN 
ACTION, WITH STAY OF EXECUTION. 

A Petition of Nathanael Saltonstal by his Attorney William Blyn 
Shewing that One Henry Stokes enticed him to Gaming (he being 
then a Youth & unexperienced in the World) and Won of him two 
hundred and Sixty pounds, for which Sum he obliged him to give his 
promisary Note, and afterwards Sued him thereupon & obtained Judg- 
ment Against him ; That the pef* Attorney brought on the Action to 
a Review in the Superiour Court precipitantly, the principal Evidence 
for the Pet" (who could have proA'ed that the said note was given purely 
upon consideration of a Sum of money won by Gaming) being at Sea ; 
And therefore praying that the Pef may have a New Trial at the Supe- 
riour Court and that Execution be Stay'd in the mean time 

Read, together with the Answer of Alice Stokes attorney to Henry 
Stokes, & 

Ordered that the pet be Allowed to take the affidavits of such Wit- 
nesses as were Absent at the Trial on the Review, Referr'd to in this 
petition, before one of his majestj'S Justices (in the County where Such 
Justice may live) Relating to the Cause mentioned in the petition the 
Attorney of s'^ Stokes to be Notified of the Intended Caption of Such 
Affidavit And that the further consideration of the petition be Referr'd 
to the next Sitting of this Court that so the said Stokes may Give 
Answer thereto, And that upon the pef^^ or his Attorneys giving Suffi- 
cient Security for the pa3^meut of such Debt & Cost which he Recov- 
ered at the Review, with what further Cost he the said Stokes may 
Recover on such Trial as may be Allowed by this Court, in Case the 
former Judgment be not Reversed, the Execution within mentioned 
shall be Stayed. \^Passed Jidy 2. 



CHAPTEE 9i 



Legislative 
Kecords of the 
Council, xvi., 
199. 

House Jour- 
nal, p. 86. 



ORDER OF NOTICE ON NATHi- CUNINGHAMS PETITION IN REGARD TO 

A DEBT OF £50. 

A Petition of Nath' Cuningham of Boston Merchant Shewing that 
one Thomas Turner of Rochester in the County of Plymouth died Fifty 
pounds in his Debt that he was Ignorant of the said Turners death till 
veiy Lately but is now Informed, that the widow has now taken Admin- 
istration of the Estate and Rendred it Insolvant, and that Commiss" 
Appointed by the Judge of Probate have made Report of the Creditors 
Claims, Praying that the said Judge of Probate may be directed to have 
the pet' Claim Considered & to Order him a proportionable part of the 
Estate of the deced 

Read «fe 

Ordered that the pet Serve the Adm'' of the said Thomas Turner 



[1st Sess.] Province Laavs {Resolves^ etc.). — 1735-36. 167 

deced with a Copy of the petition, that she shew Cause, if any she 
have, ou the first Tuesday of the next Sitting of the Court, why the 
prayer of the petition should not be Granted ; and the petition is 
Referr'd in the meantime for consideration. \_Passed July 2. 



CHAPTER 95. 

ORDER CONFIRMING A PLAT OF 566 ACRES OF LAND FOR NEWTON 
FOR SUPPORT OF THE GREAT BRIDGE. 

A Plat of One Thousand Acres of Land Granted to tlie Town of Legislative 
Newton (as their part of three Thousand Acres Allowed for keeping councif, xvi.,^ 
the great Bridge at Cambridge in Repair) laid out by Joseph Wilder {^^.[j^g^^j^ ^^'^ 
Esq'' Survey"" & Chaiumen on Oath, lying Adjacent to the South line ix!, is'. 
of the New town at Paquoig, & bounding North thereon Southeasterly Maps and 
on the Township called Voluntier Town, and West on Province land ; jx^''' ig' ^House 
begining at a piller of Stones at Paquoig line, where it Meets with Journal, p. 82. 
Voluntier Town, thence Runing West with Paquoig South line Six chap. 51.^'' 
hundred and Eighty Nine Rods to a heap of Stones, thence four hun- J^''/'-«. chap, 
dred and Eighty Rods where it meets with the Northwest line of Vol- 
untier Town to a heap of Stones ; thence with the said line East 34 
Deg. North Plight hundred & forty Rods to where it began But in- 
asmuch as the said Tract of land includes a part of Voluntier Town 
Ninety three Rods of the Plat is taken off by a Prick'd line from A 
to B which Reduces the plat to five hundred & Sixty Six Acres 

Read and 

Ordered that the plat be Accepted and the Lands therein delineated 
and described more particularly by the prick't line from A to B be and 
hereby are confirmed to the town of newtown for ever, the Lands to be 
subjected nevertheless to the Conditions expressed in the Original Grant, 
provided it exceeds not the quantity of Five hundred Sixty Six Acres, 
with the allowance for swagg of Chains and does not interfere with any 
former Grant. [Passed Jidy 2. 



CHAPTEE 96. 

ORDER CONFIRMING A PLAT OF 434 ACRES OF LAND FOR NEWTON 
FOR THE SUPPORT OF THE GREAT BRIDGE. 

A Plat of four hundred & thirty four Acres of land to make up the Legislative 
Thousand Acres of Land Granted to the Town of Newton for the Sup- counc'if xvi!'^ 
port of the Great Bridge at Cambridge, laid out by Joseph Chadburn 200. Maps and 
Survey"" & Chainmen on Oath; being bounded as follows viz' begining E:^^"!'/^*^'' 
at a Hemlock tree Mark'd on four Sides by the Letters S K Runing ^^' ^^^ 
South east by South One hundred & Ninety five poles, then North east Plans, Mis., 
by east One hundred & Sixty poles, then South east by South Eighty Hous'*e .Jour- 
poles, then North east & by east One hundred & forty poles then North f^]^?^ ^hap 
West & by North two hundred & Seventy five poles, then South West 95. 
& by West three hundred poles, to the first Station ; being bounded on 
the South Westerl}^ part on the Township above Berwick and about a 
Mile to the North westward from the Head line of Berwick 

Read and 

Ordered that the plat be Accepted, and the Lands therein delineated 
and described be and hereby are confirmed to the town of Newton for 



168 



Province Laws (^Resolves, etc.). — 1735-36. [Chap. 97.] 



Ever the Lands to be subjected nevertheless to the Conditions expressed 
in the Original Grant, provided it exceeds not the quantity of four hun- 
dred thirty four Acres and does not interfere with any former Grant, 
and is in full satisfaction of the Grant of One thousand acres of Land 
within mentioned. \_Passed July 2. 



CHAPTER 97. 



Legislative 
Records of the 
Council, xvi., 
201. Mass. 
Archives, xlii., 
186. 

House Jour- 
nal, p. 170 
(April, 1735) ; 
pp. 83, 84. 
Ante, p. 43, 
chap. 91 ; p. 119, 
chap. 261. 



ORDER ACCEPTING THE COMMITTEES REPORT ON PUNCAPAUG AFF^ 
AND DIRECTING THE DISTRIBUTION OF £170 TO THE INDIANS. 

The Com'^^^ Appointed by the Great & General Court at their Ses- 
sions in April 17oo On the petition of Joseph Tucker & others of Stough- 
ton, having Repaired to & taken a View of the lands in said Petition 
mentioned & Examined the Deeds Leases & plats produced to us & 
fully heard the partys thereon, are humbly of Opinion that the Report 
of a Com''^ Appointed by this Court in Sep'' 1734, to inspect the Sur- 
vey of the two hundred & Seventy Acres (a Deed whereof has been 
Executed by Amos Ahauton & others Indian Proprietors of Puncapaug 
to John Wentworth & W" Sherman) be Accepted and that the two hun- 
dred & Seventy Acres, conveyed as aforesaid, & described in said Deed 
& plan thereto Annexed, be Confirmed to the said John Wentworth & 
William Sherman, their heirs and assignes forever ; Provided that the 
said Land does not Extend further Eastward then the JNIost Easterly 
part of John Wentworths Bever Meadow, nor interfere with the twelve 
divisions so Called in said Town ; Also that Joseph Esty jun"" shall enjoy 
the priviledge of a way from his Field to the Road leading to the Neck ; 
said Way to Run where the Causy now is and thence to . . . Pattius as 
said way now goes 

In the Name & by Order of the Committee 
Boston June 8. 1735 Tho^ Gushing 

Read and 

Ordered that this Report be accepted and that the Charge of the 
Comittee Amounting to Twelve Pounds five shillings and ten pence 
be paid by Moses Gill Joseph Esty and Edward Capen and all the 
rest of the Pet" in Equal parts to Moses Gill to be by him paid to 
whom it is respectively due : And 

Ordered That John Quincy Esq'' Trustee for the Indian Affairs of 
Punkapogg be and hereby is Impowered and Desired to Employ and 
IJse the Sum of one hundred and Seventy pounds at Interest being 
the principal Sum of the Consideration purchase of the Two hund"^ & 
Seventy Acres of Land within mentioned the said Interest Annually 
together with the Sum of Ten pounds four shillings one years Interest 
of one hundred & Seventy pounds to be Distributed to the said Indians 
by the said Trustee in Such Necessarys as they may Stand in need of 
in the Same manner as the Issues and Profits of their other money is 
handed out to them as their occasions may Call for the Said Trustee 
to be Accountable for their Doeings herein as he is for the Indians 
other money. \_Passed July 2. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 169 



CHAPTER 98. 

ORDER OF NOTICE ON CONCORD LEXINGTON & WESTON INHAB^s PETI- 
TION . FOR A TOWNSHIP. 

A Petition of John Flyut Simon Dakin Josiah Park & other Inhab'^ Legislative 
& |)roprietors of the Easterly part of Concord the Northerly part of Wes- Council^, xvi.,^ 
ton & the Westerly part of Lexington Praying that they their familys ~^^- 



& Estates as particularly bounded & described in this petition may be House Jour- 
Sett off a Seperate Township ^nte,'\,!n. 
Read «& '^'^^p- ^^^ 
Ordered that the pet" Serve the Towns of Concord Lexington & Wes- 
ton with Copys of this petition that they shew Cause on the Second 
Wednesday of the next Sitting of the Court why the Prayer thereof 
should not be Granted ; & that the petition be Referr'd to the said 
Sitting for consideration Accordingly.^ \_Passed July 2. 



CHAPTER 99. 

ORDER APPOINTING A COMMITTEE ON THE PEMBROKE INDIANS PETI- 
TION ABOUT LAND. 

A Petition of John Quiksite & John Thomas, in behalf of the Indians Legislative 
of Pembroke, Complaining that one Patience, who is called their Queen councff xVi^^ 
Sachem, being Grand daughter to their late King Josiah, has made Great '^o^. 
Strip & Waste on a Tract of Land belonging to them by the Gift of their House Jour- 
said King, Praying for Relief from this^Court. nai, pp. 86, 87. 

In Council Read & 

Ordered That Isaac Lothrop Esq'' with such as shall be Joined by 
the Hon''^ House, be a Com*'"'' to inquire into the Matter of Complaint 
within Mentioned, & make Report to this Court at their next Sitting, 
what they Judge proper to be done thereon In the House of Rep- 

resent" Read & Concurrd & John Gushing jun"" Esq"" & Col" Alden are 
Joined in the affair. \^Pctssed Jidy 2. 



CHAPTER 100. 

ORDER GRANTING THE HEIRS OR EXECUTORS OF THOMAS BUCK THREE 
YEARS TO REDEEM LANDS. 

A Petition of Hannah Buck of Situate in the County of Plymouth, Legislative 

Kccords 01 iDG 

Shewing that in the Year 1716 her husband Mortgaged Sundry parcells council, xvi., 

of Land to the Commiss" that in the Year 1733, he came over Carolina '^^ 

Bar in bad weather & he has never since been heard of & is Supposed ^°i"^® ■^yn^'QA 
to be lost ; Prajnng for some further time for Redeeming the Mortgaged 
premisses «fe that the Interest may be Suspended in the meantime 

Read & 

Ordered that three Years be & hereby is Allowed to the heirs or 
Exors of Thomas Buck within named deced from the date hereof to 

• At the hearings on November 27, and December 2 and 3, 1735, House Journal, pp. 113, 
119, 126, this petition was dismissed for non-agreement between the two houses. Legisla- 
tive Records of the Council, xvi., 224, gives the last date December 5. 



170 



Province ljk\y^ {Resolves, etc.) . — 1735-36. [Chaps. 101-103.] 



Redeem the Lauds mentioned in said petition ; and that the Interest 
of the money for which the said Land was Mortgaged cease for the 
time of three Years aforesaid. \_Passed July 2. 



CHAPTEK 101. 



ORDER ALLOWING £7. 10 TO SAMi- EATON. 



Legislative 
Records of the 
Council, xvl., 
202. 

House Jour- 
nal, p. 83. 



A Petition of Samuel Eaton a Soldier in his Majestys Service at 
Fort George at Brunswick Praying that he may be allowed the sum 
of £7. 10 the Doctors Bill arising on a Sickness he had in the Service 
Some Years Since amounting to that sum. 

Read & 

Ordered that the sum of Seven pounds ten shillings be granted and 
paid out of the publick Treasury to the said Sam^ Eaton or Order to 
Reimburse him the said sum he paid as Appears by the Receipt within 
written. [^Passed July 2. 



Legislative 
Records of the 
Council, xvi., 
199, 203. 

House Jour- 
nal, p. 90. 
Ante, p. 110, 
chap. 240. 



CHAPTER 102. 

ORDER IMPOWERING SARAH WHITTEN EXECUTRIX TO ENTER AN 

ACTION. 

A Petition of Sarah Whitton, Relict Widow & Executrix of Henry 
Whitton late of Boston deced, Shewing that the Order pass'd by the 
Court in April last, impowring her said husband to prosecute An Action 
in the Law Against William Daniels of Biddeford, became ineffectual, 
by the death of her said husband ; And therefore praying that She may 
be Impowred to pursue the Same in the Law as Executrix to her husband. 

Read & 

Ordered, that the prayer of the petition be Granted and the pet'' is 
Accordingly Impowred to pursue in the Law the Action within Referr'd 
to, as Executrix to her late husband Henry Whitten deced, in the same 
Manner as he might have done (were he living) by Virtue of the order 
of this Court pass'd on the said Whittens petition in April last. \^Passed 
July 3. 



CHAPTER 103. 



Legislative 
Records of the 
Council, xvi., 
203. 

House Jour- 
nal, p. 90. 
Ante, p. 150, 
chap. 54. 



ORDER SUBSTITUTING M^ MICHAEL STONE FOR M^ OXENBRIDGE 
THATCHER ON THE COM^ee qN MOSES SPEENS PETITION. 

Voted that M^ Michael ^ Stone be of the Com'*'* on the Affair in the 
Petition of Moses Speen Indian of Nalick in the Room of Oxenbridge 
Thatcher who desires to be Excused from the Service. \_Passed July 3. 



■ Micah," in the House Journal. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 171 



CHAPTER 104. 

VOTE APPOINTING MEMBERS OF COUNCIL TO ATTEND THE GOV« WEST- Legislative 

WARD Records of tlie 

Council, xvi., 
203. 

Voted That Sam' Thaxter John Turner William Dudley John Jeffries Legislative 
Josiah Willard Jacob Wendell Anthony Stoddard Samuel Welles Tliom' councif xVi*^^ 
Berry & Joseph Wilder Esq''* be desired (with such Gentlemen as are 193. House' 
Already Appointed by the General Court) to wait on his Elxcellency at "^Ante^^.'ii ^^' 
the Intended Interview with the Western Indians. [_Passed Jidy 8. chap'. 185. ' 



CHAPTER 105. 

VOTE APPOINTING A SUBSTITUTE COM^ee fqR SIGNING BILLS OF CREDIT. Legislative 

Records of the 

Voted that Josiah Willard John Quincey & John Wainwright Esq""' 203. 
be of the Com'^*^ for Signing Bills of Credit in the Room of the Hon*''" Legislative 
Addington Davenport Esq"" Samuel Cheekley Esq"" who thro Infirmity councif xvi^^ 
of Body are Rend red Unable to Attend that Service and of William los, 203. ' House 
Payne Esq"' deced And that the Com"^*" be directed to Sign the Bills in prov?nce^' 
the Town of Boston & be paid for their Service as formerly. [Passed cif^^gi".' ^l^' 

July 3. 289, chap! 177. 

CHAPTER 106. 

ORDER OF NOTICE ON JA* TISDALES EX^s PETITION IN REGARD TO A 
TRIAL OF AN ACTION. 

A Petition of Nath' Fitch & Mind well his wife & Ebenezer Tisdale Legislative 
Exori of the last will & Testament of James Tisdale deced, Shewing couiTcn xvl'*' 
That upon their omitting to take out a Copy of said Will & produce 203. 
it in Court they lost the benefit of a Trial before the Sup"" Court of House Jour- 
Judicature held at Bristol in Septem"" last, altho this Court had ordered ^ntl,'-^.'ig^ 
the same at their Session in May 1734 ; And therefore praying that chap. 28. 
the said Order may be Revived and that they may have a Trial of the 
said Cause between the Pet" and Timothy Lyndall Esq"" & James Var- 
ney at the Sup'' Court next to be holden for the County of Bristol. 

Read & 

Ordered that the Pef Serve the within named Timothy Lyndall Esq' 
& James Varney with a Copy of the petition, that they shew Cause, if 
any they have, on the first Tuesday of the next Sitting of the Court, 
why the prayer of the petition should not be Granted ; and the petition 
is Referr'd Accordingly. \_Passed July 3. 



CHAPTER 107. 

ORDER OF NOTICE ON ISAAC BARKERS PETITION FOR A NEW" TRIAL 
OF AN ACTION WITH STAY OF EXECUTION. 

A Petition of Isaac Barker of Pembroke in the County of Plymouth, ^^^'^^^"^f ^ 
Shewing That he was bound, as Surety with One Thomas Barker, to council, xvi., 
Jonathan Waldo late of Boston deced for a Certain Sum, part of which ?!li^ 



172 



Province Laws (i?esoZz;es, e^c. ) . — 1735-36. [Chaps. 108, 109.] 



House Jour- 
nal, pp. 89, 90. 



he had paid iu the life time of the said Waldo, and Tendred the Re- 
mainder to his Widow & Adiiiiu" Notwithstanding Which She put the 
Bond in Suit against him ; that he and his Attorney Attended the Court 
the two first Weeks, and the Writ not being then to be found, he had 
no Expectation that the Action would be Called, but in the Absence 
of the Pef and his Attorney the Action was Called and went against 
him by Default ; from which Judgment he Appealed to the Sup'' Court, 
but could have no Relief there, And therefore praying that the Judg- 
ment Against him may be Vacated as Illegal, Execution Suspended 
and that he may have a New Trial of his Cause 

Read & 

Ordered that the FeV Serve the Adverse party with a Copy of the 
petition, that so Cause may be Shewn, on the first Fryday of the Next 
Sitting of the Court, why the prayer thereof may not be Granted, and 
that Execution be Staid in the Meantime.^ [Passed Jidy 3. 



CHAPTER 108. 

ORDER OF NOTICE ON W^ WINDOVERS PETITION FOR LEAVE TO 
REVIEW THREE ACTIONS. 



Legislative 
Records of the 
Council, xvi., 
294. 

House .Jour- 
nal, pp. 90, 91. 



A Petition of William AVindover of Boston Sadler Shewing that in 
the Year 1728, he had three Actions depending in the I nf Court of 
Common pleas at Boston Against Adam Tuck now deced ; which they 
Submitted to a Rule of Court, Upon which the Report & Judgment 
were in said Tucks favour, the Pef' Books being Stollen from him So 
that he Could not prove his Accompts Praying that he may be Allowed 
to Review the said Actions 

Read & 

Ordered that the Pef Serve the Adverse party M"^ Henry Lawton 
Adm'' on the Estate of the said Adam Tuck, with a Copy of this peti- 
tion, that he Shew Cause, on the first Fryday of the next Sitting of the 
Court, why the prayer thereof should not be Granted, and the petition 
is Referr'd Accordingly for further Consideration.- [^Passed July 3.^ 



CHAPTER 109. 



ORDER OF NOTICE ON DANIEL GIBBS PETITION FOR LEAVE TO ENTER 

AN APPEAL. 



Legislative 
Records of the 
Council, xvi., 
205. 

House Jour- 
nal, p. 93. 



A Petition of Daniel Gibbs of Glocester Shewing that at the Infe- 
riour Court held at Boston in April last he appealed from two Judg- 
ments Obtained Against him by Roger Wellington Mariner to the 
Superiour Court of Judicature held at Boston in August last, he 
having Sued the said Wellington for enticeing away his Apprentice 
& Carrying him to Sea ; That the pef filed his Reasons in due time 
but his Attorney forgot to enter his Appeal the first day of the 
Court, but did Afterwards ; but that entry being Excepted Against 
was disallowed, and the said Willington filed his Complaint Against 
the pef And therefore praying that his Said Appeals may be tried 

' At the hearing November 28, 1735, House Journal, p. 11.5, this petition was dismissed. 
Legislative Records of the Council, xvi., 218, gives the date December 1. 

••^ At the hearing on the 24:'h of November, 1735, House Journal, p. 103, this petition was 
dismissed. 

3 Adjourned to September 10. See Legislative Records of the Council, xiv., 205. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 173 

at the Adjournmeut of the Superiour Coui't iu November next, and 
that the Entries aforesaid may be Allowed 

Read & 

Ordered that the pef Serve the Said Roger Wellington the Adverse 
party, or his Attorney, with a Copy of the petition, that he shew Cause, 
if any he have, on the first Tuesday of the next Sitting of the Court, 
why the prayer thereof should not be Granted ; and all forther process 
in both Actions within mentioned is hereby Suspended in the mean time. 
\_Passed September 10. 



CHAPTER 110. 

ORDER OF NOTICE ON MOSES CURTIS PETITION TO BE SET OFF FROM 

STOUGHTON. 

A Petition of Moses Curtis of Stoughton Shewing that he is Situate Legislative 
far Remote from the Body of the said Town so that he can eniov no Records of the 

•-' J J Council, XVI., 

priviledge there and therefore praying that he and his Estate may be 2uo 



wholly Sett off to the Town of Brantry for which he lies Convenient House Jour- 
Read & "'^i' P- ^^■ 

Ordered that the pef serve the Town of Stoughton with a Copy of 
the petition that they shew Cause if any they have on the first Tues- 
day of the next Sitting of the Court why the prayer thereof should not 
be Granted.^ \_Passed September 10. 



CHAPTER 111. 

ORDER CONFIRMING A PLAT OF 400 ACRES OF LAND TO JOHN 

BLAISDELL. 

A Plat of four hundred Acres of Land Granted by the General Legislative 
Court to John Blaisdel laid out by Samuel Emerson and two Chain- councif,xvi.!^ 
men on Oath being Situated on Merrimack River 20*5. Maps and 

■r, n n Plans, MlS., 

Read & ix., le. 

Ordered that the plat be accepted & the Lands within delineated & Maps and 
described be & hereby are accordingly confii-med to y" s"^ John Blais- Plans, Mis., 

. . , '' -11 \'K., lo. House 

dale his heirs & assigns for Ever provided he or they comply with the Journal, p. 94. 
Conditions of the respective Grants provided also the plat exceeds not chap! i54f' 
y" quantity of four hundred Acres of Land & does not interfere with PnJ""^' '^'^'"^p- 
any former Grant. \_Passed Se2}tember 10. 



CHAPTER 112. 

ORDER OF NOTICE ON THE PETITION OF THE FIRST PARISH IN SALEM 
IN REGARD TO BUILDING A MEETING HOUSE. 

A Petition of Benjamin Lynde jun"" Esq'' and others a Committee of Legislative 

the first Parish in Salem, Complaining of the Irregular proceedings of coimc'n xvi!** 

M' Samuel Fisk their late Pastor and those that Adhere to him, and -^- 

that Notwithstanding there have been divers Determinations of Eccle- House Jour- 
nal, pp. 94, 95. 

' No record has heen found in the House Journal of the hearing ; but on December .3, 
1735, p. 121, the petition was revived, and at the final hearing December 30, 1735, House 
Journal, p. 179, was dismissed. 



174 



Province Laws (i?eso/ve«,e^c.). — 1735-36. [Chaps. 113-115.] 



siastical Councils Agaiust him and his Church have deposed him from 
the Office of their Pastor, Yet he and his Adherents are about to Build 
a Meeting house so near to the Parish Church as will give Desturbance 
to the Publick Worship there, if the said House be used According to 
the Intention of those Concerned, and that Notwithstanding the Gov- 
ernour and Council have Advised them not to proceed in the Affair they 
have laid the foundation of the said House, and are about to Raise the 
Frame And therefore praying that this Court would take Effectual Meas- 
ures that M'' Fisk preach no longer in the Town of Salem and that the 
House he and his party are designed to build may not be used as a place 
of publick Worship. 

Read & 

Ordered that the pef' Serve M"" Samuel Fiske Within named as also 
Mess" Samuel Ruck, Timothy Pickering, John Coles and Nathan' Os- 
good, with a Copy of this petition that they give in their Answer thereto 
on the first Tuesday of the next Sitting of the Court, And they and all 
persons whatsoever are Strictly forbidden any further proceedings in or 
towards building a Meeting house on or near the place within mentioned 
till the End of the next Sitting of the Court. \_Fassed September 11. 



Legislative 
Records of the 
Council, xvi., 
207. 

House Jour- 
nal, p. 94. 



CHAPTER 113. 

VOTE ALLOWING THE PRINTER TO CHARGE 40/ PER SHEET FOR VOTES. 

Voted That M"" Samuel Kneeland Printer to the House of Represent" 
be Allowed to Charge Forty Shillings ^ Sheet for the printed Votes 
from the time his last Accompt was Rend red aud paid. [^Passed Sej)- 
tember 11. 



Legislative 
Records of the 
Council, xvi., 
207. 

House Jour- 
nal, p. 95. 



CHAPTER 114. 

VOTE FOR SURVEYING PATUCKETT RIVER. 

Voted that Charles Church Esq'' be and hereby is impowred & directed 
by two SkilfuU and Disinterested Surveyors on Oath to take the Exact 
Bearing of Patucket River and Branches with the Distances thereof 
more especially at the B'alls by the controverted Gore of Land in Attle- 
borough, And that he Return an Accompt of his proceedings herein, 
duly Certified, into the Secretarys Office as soon as may be ; And that 
M'" Secretary on the Receipt thereof forthwith Transmit the Same to 
the Agents of this Province at the Court of Great Britain. \_Passed 
September 11. 



CHAPTER 115. 



VOTE FOR REFERRING MATTERS TO THE NEXT SITTING OF Y'^ COURT. 



Legislative 
Records of the 
Council, xvi., 
207. 

House Jour- 
nal, p. 95. 



Ordered that all petitions and Matters whatsoever, that were Referr'd 
for Consideration to the present Sitting of this Court, be further Re- 
ferr'd to the next Sitting thereof, and that which had day Assigned 
them be considered on the same day of the next Sitting. [^Passed 
September 11.^ 

' Adjourned to November 19. See Legislative Records of the Council, xiv., 207. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 175 



CHAPTER 116. 

ORDER SUBSTITUTING M'' TIMOTHY PROUT FOR M^* ELISHA BUSBY ON 
THE COMMITTEE ON THE ROXBURY AFFAIR. 

Ordered That M' Timothy Prout be Added to the Com""'^ Appointed ^Ifords ^f die 
on the Eighteenth of April last on the petitions of the East and West Council, xvi., 

precincts in Roxbnry Respecting a partition line between them in the '^Jli . 

Room of Elisha Busby Escf one of the said Com'™ who thro Infirmity House Jour- 
of body is Rendred uncapable of Attending that Service. \_Passed Ante, \>. m, 
November 25. ^^'"^i^- ■'=^-- 



CHAPTER 117. 

ORDER IMPOWERING JERE. & ESTHER ANTHONY TO SELL LAND. 

A Petition of Jeremiah Anthony and Esther his Wife Indians of Legislative 
Middleboro, Shewing that they are owners in the Right of the said coum-if, xvi.,^ 

Esther of a Tract of Land in a place Called Bettys Neck in said Town, '^i: . 

Containing about One hundred Acres, being Mostly light Barren land ; House Jour- 
that the pet" have Contracted a Debt of about Twenty pounds by their province ' 
Sickness, that they are now Advanced in years and without Children or ^ija^/'io '' ^^^' 
other near Relations ; And therefore praying that they may be Impowred 
to Sell one half of Said land for paying their debts, and for their More 
Comfortable Support in their old age. 

Read & 

Ordered that the prayer of the petition be Granted, and the pef' are 
Allowed and fully impowred to make Sale of One half of their Right 
& Estate to the Lands in Bettys Neck (so Called) in Ashawamsett for 
the Most the Same will fetch and to pass and Execute in due form 
of Law, a Good and Sufficient Deed or Deeds of Sale or Conveyance 
thereof ; And Mess'^ John Alden & Elkanah Leonard are hereby desired 
& Impowred to Assist in making Sale of the Lands and therein to Ob- 
serve the Directions of the Act of the Province of the Sixth of George 
the first Chap. IIP Relating to Exors & admors making Sale of Lands 
that Justice be done to the Indians in the Sale and out of the produce 
thereof to pay their just Debts and that the Remaind"" be by them paid 
for the Comfortable Support and Relief of the pet" as their Occasions 
may call for. \_Passed November 25. 



CHAPTER 118. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF THE FIRST 

PARISH IN SALEM. 

On the petition of the Com""" of the first Parish in Salem [^ante, Legislative 

D 173 ohan 11 "21 Records of the 

p. KO, tuap. IIZJ Council, xvi., 

In Council Read, together with the Several Answers to this peti- ^13^ 

tion, & House .Jour- 

Ordered that Meletiah Bourn, Seth Williams, and Joseph Wilder fnlf^\}^tri^ 
Esq" with such as shall be Joined by the Hon'"''^ House of Represent'' chap! 112. 
be a Com''"'' to Repair to Salem and hear the partys to this petition, 
and View the Distance between the Meetina: house in the first Parish 



17G 



Province hA^YS {Besolves, etc.) . — 1735-36. [Chaps. 119-121.] 



aud the place proposed by the Respondents for Erecting a New Meet- 
ing house on, & Consider and Report what may be proper for this 
Court to do thereon. In the House of Represent" Read & Con- 

curr'd and Col" Chandler CoP Dwight Col" Church & CoP Cushiug are 
Joined in the Affair. [^Passed November 26. 



CHAPTEK 119. 



ORDER ADMITTING DANIEL GIBBS TO A TRIAL OF AN APPEAL. 



Lesrislative 
Rei'ords of the 
(Jouucil, xvi., 
215. 

House Jour- 
nal, p. 111. 
Ante, p. 173, 
chap. 109. 



On the petition of Daniel Gibbs [a7ite, p. 172, chap. 109] 
Read, together with the Answer of Roger Willington ; Aud the Matter 
being full}^ Considered, 

Ordered that the prayer of the petition be so far Granted, as that 
the pef be Admitted to a Trial at the Next Superiour Court of .Judica- 
ture for the County of Suffolk of his Appeal of the Action within Men- 
tioned for damages onl}^ and to have the benefit of the P^vidences Already 
taken in tlie Case in the said Superiour Court ; and the Justices of the 
said Court are According!}' Impowred & directed to hear and Determine 
the said Cause ; the Costs hitherto Sustained in botii Actions within 
Referr'd to be born by the Pet'. \^Passed November 27. 



CHAPTEK 120. 

VOTE DISCHARGING THE ACCOt OF THE TRUSTEES FOR THE HASSINA- 

MISCO INDIANS. 



Legislative 
Records of the 
Council, xvi., 
215. 

House Jour- 
nal, p. 105. 



An Accompt presented by the Hon^^*^ Spencer Phips Esq'' Edward 
Goddard Esq'' and Ephraim Curtis Esq"' Trustees of the Indians at 
Hassinamisco ; of their Receipts and Disbursments for the last year ; 

Read & 

Voted That the Accomptants be and hereby are discharged of the 
Sum of One hundred and five pounds Seven shillings and Nine pence 
disbursed on Accompt aud Service of the said Indians, and that they 
further Accompt to this Court for Seventy' One pounds Eight Shil- 
lings & Nine pence. Remaining Interest in their hands, together with 
the Sum of Forty three pounds belonging to the Orphan Children of 
Moses Princer^ deced ; and the Interest for the same, the Trustees 
have in their hand, being One pound Sixten shillings and two pence, 
After having deducted the Charge of Cloathing and binding out of the 
said Orphans. \_Passed November 28. 



CHAPTEE 121. 

ORDER ON THE PET^ OF JA^ TISDALES EX^^ FOR LEAVE TO FILE AN 

APPEAL. 

Records'of the ^^ '^^^ PETITION of the Executoi's of Jauics Tisdalc deced [ante, 

Couucii,xvi., p. 171, chap. 106] 

^^ Read together with the Answer of James Varney and the Matter 

House Jour- 



naTppaosrioo. being fully considered 



' "Printer," in State Library copy, Legislative Records of the Council, xiv., 215, and 
the House Journal, p. 105. 



[1st Sess.] Province Laws (Resolves, etc.). — 1735-36. 177 

Ordered! thut the prayer of the petition be Granted and the petitioners Ante, p. 171, 
are hereby Allowed and Jnipowred to file their Reasons of Aiipcal from ^'"^'' ' ' 
the Judgment within mentioned with the Clerk of the Inferiour Court 
of Connnon pleas of the County of Bristol, fourteen days at least before 
the day by Law Appointed for holding the Sup' Court of Judicature at 
Bristol in and for the County of Bristol in September next; and that 
they be Allowed to bring forward the said Appeal at the said Superiour 
Court, and that they timely Notify the Adverse partys hereof; and the 
Justices of the said Court are also hereby Impowred and directed to hear 
& try the said Action on the Appeal Enter up Judgment and Award Exe- 
cution Accordingly ; the Costs hitherto Arisen in. the Suit to Remain as 
they are at present. \_Passed November 28. 



CHAPTEE 122. 

ORDER OF NOTICE ON EAST"' INHAB^s OF MENDONS PETITION TO BE 
ERECTED INTO A SEPARATE PRECINCT. 

A Petition of Samuel "Wheelock & a Great Number of other Inhabi- Legislative 
tants of the Town of Mendon, living on the P^ast Side of Mill River, councif, xvi.,^ 

Setting forth the ditlicultys they are Under in Attending the publick "^ 

Worship of God at the Meeting house in said Town bv Reason of the House Jour- 
distance and the badness of the Roads ; and for as much as the said ' 
Town of iSIendon is large, Therefore pra^'ing that all the Lands in Men- 
don on the East Side of Mill River to the Country Road by Sheffield 
Mill and lying between the Towns of Ilopkinton Belliugham Holliston 
and Mendon, may be Sett off and Erected into a Seperate Township. 

Read & 

Ordered that the pet" Serve the Town of Mendon with a Copy of the 
petition that they Shew Cause on Thursday the Eighteenth of Decem- 
ber next if the Court be then Sitting if not on the first Thursday of the 
next Sitting of the Court why the prayer thereof should not be Granted.' 
\_Passed November 28. 



CHAPTER 128. 

ORDER CONFIRMING THE BOUNDARY LINES OF THE TOWNS OF SAND- 
WICH AND FALMOUTH. 

A Petition of Isaac Simon & others Agents for the South Sea Indian Legislative 
Proprietors of Mashpee and the Agents of the Several Towns of Sand- c^unS xv^^,^ 

wich and Falmouth iu the County of Barnstable, Praying that the Set- ^£|j 

tlement of the boundary lines between the said Mashpee lands and the House Jour- 
said Towns of Sandwich & Falmouth, Agreeable to two Several Instru- ^^^' ^^' ^'^^* 
ments herewith exhibited may be Allowed & Confirmed by this Court 

Read & 

Ordered that the prayer of the petition be Granted ; and the Re- 
spective Perambulations of the lines between the Indian Proprietors 
of Mashpee & the Towns of Sandwich and Falmouth are hereby Con- 
firmed to be Stated & fixed lines between them forever. [^Passed 
November 28. 

> At the hearing on the 20"' of December, 1735, House Journal, p. I.jO, this petition 
was dismissed. 



178 



Province IjAws (Besolves, etc.) . — 1735-36. [Chaps, 124-126.] 



CHAPTEK 124. 



ORDER ALLOWING £90 TO JN'' LARRABEE. 



liCgislative 
Records of the 
Couucil.xvi., 
218. 

House Jour- 
nal, pp. 99, 112. 
Ante, p. 9, 
chap. 4. 



A Petition of Cap' John Lavrabee, Victualler of the Garrison at 
Castle William, Shewing that Since his last Contract, Bread & Bear 
have greatly Arisen in their price So that he nnist be a considerable 
Looser in Supplying the said Garrison, unless Releived by this Court ; 
And therefore praying for an Additional Allowance 

Read and 

Ordered That the sum of Ninety pounds be Granted and paid out of 
the Publick Treasury to the Pef^ Lieu' John Larrabee in full Satisfaction 
of the Extraordinary Charge he has been at in Victualling the Garrison 
at his Majestys Castle William, to the twenty fifth day of November 
Instant when he makes up his Roll. [^Passed December 1. 



Legislative 
Records of the 
Couucil, xvi., 
218. 

House Jour- 
nal, p. 117. 



CHAPTER 125. 

ORDER ALLOWING £14 TO ROfiT BALL. 

A Petition of Robert Ball keeper of the Light house Shewing that 
in March last, being in the Light house Boat Upon his duty, in a hard 
Gale of Wind the Boat overset and Sunk, and he Narrowly Escaped 
with his life, and he afterwards Recovered the Boat with the Charge 
of Twelve pounds, and was at Great Trouble and Expence of time in 
getting of the said Boat back ; Praying that he may be Reimbursed the 
said Sum & paid for his time and Trouble 

Read & 

Ordered that the sum of Fourteen pounds be Granted and paid out 
of the Publick Treasury to the Memorialist Robert Ball, to Reimburse 
him the Charge he w^as at in Weighing the Province Boat, and to Sat- 
isfy him for his time and Trouble therein as within mentioned. \_Passed 
December 1. 



I 



Legislative 
Records of the 
Council, xvi., 
219. 

House Jour- 
nal, pp. 117, 118. 



CHAPTER 126. 

ORDER IMPOWERING THE ASSESSORS OF THE TOWN OF LEICESTER TO 
LEVY AND COLLECT A TAX OF ONE PENNY PER ACRE ON LAND. 

A Petition of Richard Southgate and John Lynde, a Com'^'' for the 
Town of Leicester, Setting forth the great Difflcultys the said Town 
is under as to the Settlement & Support of a Minister, by Reason of 
the Great Charges Occasioned by the Conduct of their late Minister, 
and the great Number of those that are Exempt by Law from being 
Taxed towards those Charges ; And therefore Praying that they may 
be impowred to Assess a Tax of One penny ^ Acre ^ Annum for 
such Term as this Court shall think tit on all the Lands in said Town, 
improved and Unimproved, except such as are Exempt by Law to be 
employed towards the Settlement and Support of a minister Among 
them 

Read & 

Ordered that the prayer of the petition be so far Granted, as that 
the Assessors of the said Town for the time being be and hereby are 
Authorized and Impowred to Levy and Assess a Tax of One penny <g) 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 179 

Acre (g) Annum on all the Lands in the said Town of Leicester improved 
and Unimproved, to be Employed for and towards the Settlement & Sup- 
port of an able Orthodox Minister (Excepting only the Lands belong- 
ing to such Inhabitants as by Law are exempted as aforesaid) And the 
Constables or Collectors for the said term are also impowred and Re- 
quired to Collect the said Tax and pay the same for the use aforesaid 
Agreeable to the Warrants they shall Receive therefor ; And the Lands 
of the Nonresident Proprietors are also hereby Subjected to the pay- 
ment of their part of the Tax Accordingly. [Pas.sed December 2. 



CHAPTER 127. 

ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO JOSEPH 

SEVERANCE. 

A Plat of two hundred Acres of Land laid out by Elijah Williams Legislative 
Survey'' and two Chain men On Oath to fulfill a Grant made by this ^^^^^^.^^f °^f ® 
Court, in the Year 1734 to Joseph -Severance, lying in the County of ^^i. Maps arid 
Hampshire East of Northfield bounds. South of a mountain Called ^2^"^^' ^^'^■' 
Grace, being two hundred Rods in length, and One hundred & fifty j^j ^^^ 
Rods in Bredth ; the North West Corner is a black Oak Tree Spotted Plans, Mis., 
on three Sides the South and East sides, Mark'd with the Letters i S House'jour- 
& A S O & a heap of Stones at the Root of the Tree ; Runiug from "^^i^-^^^ 
thence East One hundred and two Rods to a Black Oak tree Marked chap', los. ' 
on the South side with the Letters I S & a heap of Stones at the Root 
of the Tree, thence Runing South two hundred Rods to a White Oak 
tree Marked on the North & West Sides, with the Letters I S, A S O 
with Several Chesnut Trees by it, that are Spotted ; thence Runing 
West Sixty four Rods to a Chesnut Tree Marked on the South Side 
with the Letters I S, & further West Ninety Six Rods to a Spruce 
Tree Marked on the East & North Sides with the Letters I S A S O 
And from thence North two hundred Rods to the black Oak tree where 
it began 

Read and 

Ordered that the plat be Accepted and the Lands therein delineated 
and described be and hereby are Confirmed unto the said Joseph sev- 
erance his Heirs and assigns for Ever, provided the plat exceeds not 
the quantity of two hundred Acres of Land and does not interfere with 
any former Grant. \_Passed December 3. 



CHAPTER 128. 

ORDER CONFIRMING A PLAT OF 400 ACRES OF LAND TO ZACH^^ FIELD. 

A Plat of two^ hundred Acres of land laid out by William Chandler Legislative 
and two Chain men on Oath in part to fulfill a Grant of Eight hundred counof f xVi!*^ 
Acres made by this Court in A])ril last to Zachariah Eield, begining 221. Maps and 

t ' o o pi'mQ Mis 

at a Stake and heap of Stones in the West bounds of the Township ix.',26. 
of Paquoig, thence Runing North by the Needle in said bounds, One Mapsand 
hundred Sixty Plight Rods & an half to a large Red Oak Tree marked i^'='^^s, Mis., 
with the Letters W O, thence two Rods & an half to a Stake and iiouse .Jour-* 
heap of Stones, being the North West Corner of Paquoig Township, ^^nu'J^^i 
on the Same Course at Eighty One Rods distance [to] a large black chap! rii. ' 

' The House Journal reads, " four hundred acres," p. 119. So the order, infra. 



180 Province Laws {Resolves, etc.). — 1735-36. [Chaps. 129, 130.] 

Oak tree Marked with the Letters K P, & Sixty Nine Rods further 
on said Course to a heap of Stones for the North East Corner, thence 
West One hundred Rods to a Hemlock Tree Marked "WV^ S F, thence 
on the Same Course two hundred & four Rods to a Hemlock tree 
Marked ZFMB 1735; and One Rod further to a Stake & heap of 
Stones for the ' North West Corner, thence South three hundred & 
twenty Eight Rods to a black Birch Tree Marked SFDFZFSP 
being the South West Corner thence East One hundred & One Rods 
to a large Hemlock tree Mark'd Z F S F f M, at Six Rods further 
Crossing a Brook and Measuring forty three Rods More in said Course 
to the Corner first mentioned. 

Read and 

Ordered that the plat be Accepted and the Lands therein delineated 
& described be & hereby are Confirmed to the said Zechariah Field his 
heirs and assigns for Ever in part to satisfie a Grant of this Court of 
Eight hundred Acres of Land' made to the said Field at the Session 
of the Court held by adjournment the twentieth of November 1734, 
provided the plat exceeds not the quantity of Four hundred Acres of 
Land, and does not interfere with any former Grant. \_Passed Decem- 
ber 3. 



CHAPTER 129. 

VOTE IMPOWERING MAHUMEN HINSDALE TO SURVEY AND LAY OUT 
300 ACRES OF LAND. 

Legislative A PETITION of Mahumen Hinsdale of Deerfield, Setting forth his 

I\-6C0rQS 01 1116 ■ . . . 

Council, xvi., great Sufferings and Expeuces, Occasioned by his being twice Capti- 

^'^"-- vated by the French and Indians, being the last time Sent to France 

House Jour- g^j^^j .^[gQ \^\^ good Services & Expences in Redeeming Captives in Can- 

HcIj 131) 118 129 o I 

' ' ' ' ada & praying for a Grant of land in Consideration thereof 
Read & in Answer to this petition 

Voted that the pef be Allowed and Impowred by a Surveyor and 
Chain men on Oath to Survey and lay out Three hundred Acres of 
the Unappropriated Lands in the Province, Adjoyniug to Some Town 
in the County of Hampshire, and Return a plat thereof to this Court 
within twelve Months for Confirmation to him his heirs and Assigues 
for ever. [Passed Decemher 5. 



CHAPTER 180. 

ORDER IMPOWERING SAMi- FIELD TO SURVEY AND LAY OUT 200 

ACRES OF LAND. 

Legislative A PETITION of Samuel Field of Deerfield Shewing that he was Grev- 

Councif.xvi., ously Wounded thro his Body by the Indians in the late War and put 

^^ to great Expence for his Cure praying for a Grant of land in consider- 

House Jour- ation of his pain & Expences 

nal,pp.l29,130. _, , o • A i^i • -r. i-*- 

Read & in Answer to this Petition 

Voted That the Pef be Allowed and Impowred by a Surveyor and 
Chainmen on Oath to Survey and lay out Two hundred Acres of the 
Unappropriated Lands, Adjoining to Some Town in the County of 
Hampshire, and Return a plat thereof to this Court Within twelve 
Months for Confirmation to him his heirs and Assignes for ever. 
\_Passed Decemher 5. 



[1st Sess.] Province Laws {Hesolves, etc.). — 1735-36. 181 

CHAPTER 131. 

ORDER ALLOWING BENJ'*^ NUMPASH & OTHERS TO SELL LAND. 

A Petition of Benjamin Numpash, Philip Cololoon & Betty Boson, Legislative 
Indians of litt le Co mpton heirs at Law of Samuel Pancacuk of the same couucif xvi!*** 
place Indian deced, Praying Liberty to sell a Tract of Land Containing '^•23. 
about ten Acres lying in Little Compton, which is descended to them House Jour- 
from the said Pancacuck for as much as it is of little Advantage to Provm'ce^^'^^^" 
them, lying Inclosed by lands of the English Laws, u., loi, 

Read and in Answer to this Petition, ^ ^' 

Ordered that the heirs of the said Samuel Pancacuck be and hereby 
are fully Authorized and Impowred to make Sale of the Remaining 
half of his lands in Little Compton within mentioned, for the Most 
the same will fetch, and pass and Execute Good and Suff' Deed or 
Deeds of Sale and Conveyance of the same in due form of Law ; and 
Job Almy & Thomas Church Esq" are hereby desired and impowred 
to see Justice done the Indians in the Sale of the said lands, and 
in proceeding therein to Observe the Rules & directions in the Act 
or Law of this Province of the Sixth Year of his late Majesty King 
George the first Chap. IIP' Relating to the Sale of Real Estates ; and 
the said Job Almy & Thomas Church Esq" are hereby further Im- 
powred and directed to pay and deliver out the proceeds of the Sale 
of the said Lands for the Comfortable Relief and Support of the said 
heirs of the said Samuel Pancacuck as their Occasions may demand 
or Call for in a prudent Manner, Rendring an Account of their pro- 
ceedings herein to this Court. [^Passed December 5. 



CHAPTER 132. 

VOTE GRANTING A TOWNSHIP, WITH CONDITIONS, TO EBEN" HUNT & 
OTHERS CANADA SOLDIERS. 

A Petition of Ebenezer Hunt & Others who were Officers & Soldiers Legislative 
(or their Descendants) in the Expedition Against Canada under the coundf xvi*^^ 
Command of Cap' Ephraim Hunt deced in the Year 1690, Praying for •223. 
a Grant of land for a Township in consideration of their hardships & House Jour- 
Sufferings in the said Expedition ?(w/ ^^PrOTi'nce' 

Read & in Answer to this Petition, Laws, iv., 863. 

Voted That the j^rayer thereof be Granted and that [Mr. Speaker 
Quincy, Mr. Adam Cashing'] ^ together with such as shall be Joined by 
the Hon''''' Board be a Com"''', at the Charge of the Government, to lay 
out a Township of the Contents of Six Miles Square, in Some Suitable 
place Westward of Deerfield in the County of Hampshire, and that they 
Return a plat thereof to this Court within twelve Months for Confirm- 
ation ; And for the More Effectual bringing forward the Settlement of 
the said Newtown 

Ordered that the said Town be laid out into Sixty three Equal Shares, 
One of which to be for the first Settled Minister, One for the Ministry, 
and one for the School, and that on each of the other Sixty Shares the 
pet" do within three Years from the Confirmation of the plan have Set- 
tled one good family who shall have a house Built on the Homlott of 
Eighteen feet Square and Seven feet Stud at the least and finished, that 

> Inserted from House Journal, p. 190. 



182 



Province 'LA\yii(Besolves,etc.). — 1735-36. [Chaps. 133,134.] 



each Riglit or Grant have Six Acres of Land brought to and plowed or 
broiiglit to Englisli Grass or fitted for mowing, that they Settle a Learned 
Orthodox Minister anil build anil finish a Convenient Meeting liouse for 
the Publick Worship of God and that each Settler give Bond to the Prov- 
ince Treasurer of twenty pounds for fuUilling the Conditions of this 
Grant ; provided that in Case any of the Lotts are not duly Settled in 
all Regards as aforesaid ; then such Lott with the Rights thereof to Re- 
vert to and be at the disposition of the Province. \_Fassed December 5. 



CHAPTER 133. 



ORDER ALLOWING £18. 8 TO MARY BARNSDALE ADMINISTRATRIX. 



Legislative 
Records of the 
Council, xvi., 
226. 

House Jour- 
nal, p. 135. 



A P etition of Mary Barnsdalc. AVidow & Adm^ of William Rarnsdale 
deced late Master (Junner of Castle William, Praying to be Allowed the 
sum of Eighteen pounds Eight Shillings, which he expended in his life- 
time Li providing new Cask for the Gunpowder there, Triming the 
Cask &c 

Read & 

Ordered that the sum of Eighteen pounds Eight Shillings be Granted 
and paid out of the Publick Treasury to the pet' Mary Barnsdale Adm'' 
as aforesaid, in full Satisfaction for her husbands Charge and Care about 
the powder above mentioned. [_Passed December 9. 



CHAPTER 134. 



ORDER OF NOTICE ON JANE NAHOMANS PETITION TO HAVE A DEED 
OF CONVEYANCE ANNULLED. 



Legislative 
Records of tlie 
Council, xvi., 
226. 

House Jour- 
nal, p. 134. 



A Petition of Jane Nahoman of Chilmark in Dukes County Indian 
Woman, Complaining Against her son in law Simon Coomes, John 
Allen Esq"" & one Temple Philip Cooke, of said place for imposing 
on her when in Drink, and getting of her to Execute An Listrument 
for Conveying away her lands to the said Coomes, Contrary to her 
Mind when she was Sober, & in the Exercise of her Reason ; praying 
that she may be allowed a hearing upon this Matter, & to take Evi- 
dence for the proof of this Complaint 

Read & 

Ordered That the pet"^ be & hereby is Allowed & Irapowred to Swear 
the Evidence, to Sui)port the Matters of Complaint within Suggested, 
before Some [one] ' or more of his Majestys Justices of the peace for 
the County of Dukes County, he or they Seasonably Notifying the partys 
that may be Affected thereb}' of the Caption ; And that John Allen 'Esq^ 
the Justice before Whom the Acknowledgment of the Instrument of Con- 
Abeyance was taken, as well as Temple Philip Cooke the Scribe who Wrote 
the Same be & hereby are Required & directed to make Answer to the 
Matters of Greivance herein written, Occasioned by them, on the first 
Tuesday of the next IMay Session And the pet"" is directed to notify 
& Serve them with a Copy of this petition & order And The petition 
is Referr'd to the Same time Accordingly for further consideration.^ 
\^Passed December 9. 

1 Inserted from the House Journal, p. 134. 

a At the hearing June 2, 173G, House Journal, pp. 18, 19, this petition was dismissed. 



[1st Sess.] Pkovince Laws {Resolves, etc.), — 1735-36. 



183 



CHAPTER 135. 

ORDER OF NOTICE ON ANN BURNALLS PETITION FOR LEAVE TO APPEAL 

FROM A DECREE. 

A Petition of Ann Burnal of Boston Widow, Shewing that a Writing Legislative 
Exhibited as the last will and Testament of Sarah Burnall her daughter councu^ xvi.^^ 

Was in the Year 1734 proved and Allowed as Such by the Judge of Pro- -^ 

bate for the County of Suffolk, Altho she made Man}' Material Excep- House Jour- 
tions to the Witnesses and their Evidences, that the pef being Ignorant ^^ ' ^' 
of the Law elapsed the time limitted by Law for appeals to the Govern'' 
and Council ; And therefore praying 8he Tiiay by the Authority of this 
Court be impowred to bring forward her api)eal from the Sentence of 
the Judge of the Probate in Allowing the said Will : 

Read & 

Ordered that the pef Serve Samuel Burnal with a Copy of this peti- 
tion, that so he may Make Answer thereto if he see Cause on tuesday 
the Sixteenth Curr^^ \_Passed December 9. 



CHAPTEE 136. 

ORDER OF NOTICE ON RICH"^ & HAN^ WILLARDS PETITION PRAYING 
RELIEF FROM A JUDGMENT. 

A Petition of Richard & Hannah Willard Minoi's, being Children & Legislative 
heirs of Richard Willard late of Salem deced. Shewing that their said council, xvi., 
Father Mortgaged One half of his house & land to Thomas Ellis of '^ 



Salem Mariner for the sum of Sixty pounds who Sued out the said House .Jour- 
]\Ioitgage in September 1731 & got possession of the premes and ' 
before the three Years Allowed for Redemption was Expired the 
pet" Mother made a Tender of the money due upon the said Mort- 
gage with Costs to the said Ellis, who Refused to Accept thereof and 
Discharge the Mortgage ; Whereupon the pef ^ brought their Action 
in Equity for Redemption ; in which their writ was abated, and after- 
wards brought their Suit anew to the Inferiour Court held at Newbury 
in September last, wliere their Action was barr'd, because Commenced 
after the Expiration of the Term allowed for the Equity of Redemp- 
tion, and Judgment was Confirmed by the Superiour Court for the said 
County, held in October last; praying for Relief from this Court and 
that the Execution for Costs may be Stayed in the mean time 

Read & 

Ordered that the pet" Serve the Adverse party Thomas Ellis, with a 
Copy of this petition, that he shew Cause if any he have, on Wednes- 
day the Seventeenth Currant why the prayer thereof should not be 
Granted. [^Passed December 10. 

' At the hearing January 16, 1735, House Journal, p. 232, this petition was dismissed. 



184 



Province I^a^xs {Resolves, etc.) . — 1735-36. [Chaps. 137, 138.] 



CHAPTEK 137 



ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO RICH^ CUTT 

ESQK. 



Legislative 
Records of the 
Council, xvi., 
228. Maps and 
Plans, Mis., 
ix., 28. 

Maps and 
Plans, Mis., 
ix., 28 bis. 
House Jour- 
nal, p. 135. 
Ante, p. 77, 
chap. 155. 



A Plat of two hundred Acres of Land Surveyed by John Ashley & 
two Chain men on Oath, to fulfill a Grant made by the General Court 
to Richard Cutt Esq'' lying on Housatonock Road, at a place Called 
twelve Mile pond, bounded Northerly on said Pond, begining at a 
Black Birch tree marked, being the North east Corner the South 50 
deg East two hundred Rods to a hemlock tree Mark'd, Standing near 
the South West Corner of the said pond, thence Runing West 50 deg. 
South One hundred & Sixty Rods to a Beach tree Marked Standing 
near a great Rock, thence Runing North fifty degrees West to a Beach- 
tree marked, thence Runing East 50 deg. North One hundred &, Sixty 
Rods to the place where it began 

Read and 

Ordered That the plat be accepted and the Lands within delineated 
and described be & hereby are confirmed to the said Richard Cutt Esq"" 
his heirs & assigns for ever provided the plat exceeds not the quantity 
of two hundred Acres of Land, and does not interfere with any former 
Grant. \_Passed December 10. 



CHAPTEK 138. 



ORDER OF NOTICE ON THO« SCOLFIELDS PETITION FOR RE-TRIAL OF 
AN ACTION AND STAY OF EXECUTION. 



Legislative 
Eecords of the 
Council, xvi., 

228. 

House Jour- 
nal, p. 137. 



A Petition of Thomas Scolfield of North yarmouth, Shewing that 
he was Sued in an Action of Trespass at the Inferiour Court held in 
York in October last by William Dudley Esq"" &, others a Com"''' for 
said place, and that he being at Boston and Depending on a passage 
by Water was detained by bad Weather, by which means the Action 
went Against him by Default ; And therefore praying for Liberty to 
have a Trial thereof at the next Inferiour Court for the County of 
York to be held in January next. Read & 

Ordered that the Prayer of the Petition be Granted and the pef is 
hereby Allowed & Admitted to hav a Trial of the Action within Men- 
tioned, at the next Inferiour Court of Common pleas to be holden at 
York for the County of York, the Default aforesaid Notwithstanding; 
And Execution on the Judgment is hereby absolutly & finally Staj'ed 
except for Costs And the Justices of the said Court are hereby iin- 
powred & directed to hear & try the said Action a New, as tho no 
Such default had been made, enter up Judgment and award Execu- 
tion ; and that the pef" Seasonably Notify the said William Dudley and 
the other plan'* in the original Action, [(] ^ who have nothing to Object 
as is Represented to this Court Against the prayer of the pet") hereof 
by Serving them with a Copy of the petition & Order. \_Passed Decem- 
ber 10. 



' Inserted from State Library copy, Legislative Records of the Council, xvi., 229. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1735-36. 185 



CHAPTER 139. 

ORDER APPOINTING A COMMITTEE TO INSPECT REPAIRS MADE AT 
THE LIGHT HOUSE ON BEACON ISLAND. 

A Memorial and Report of William Dudley, ICsq' & others a Com'''' Reford^oi the 
for Repairing the Light house &c, Shewing that they, Agreable to the councu, xvi., 

Order of the Court have Repaired & Secured the Light house on Beacon '^ 

Islanil Repaired & Enlarged the DAvelling house, and built a New Wharff "jJ5"^f 'l2\^' 
& Repaired the old one, So as to make a Sufficient Dock for Securing Ante,'\,.ii, 
the Boats in Bad weather, and proposing that a Com"''' of the Court be ^^'^^^" '^'^* 
Appointed to View the said Works, and Report whether they Judge auy 
thing further NeedfuU for perfecting the Same 

In the House of Represent" Read & 

Ordered that Richard Saltonstal Esq' M"' Hutchins Cap' Stevens Cap* 
Hobson M'' Parker Col° Aldeu & M"" Pierson with such as shall be Joined 
by the Hon'*'" Board, be a Com"'" to Repair to Bacon Island Carefully 
View the said Works & Inspect the Repairs latly made there at the Light- 
house Dwelling house & Wharff within mentioned, & Report the present 
Circumstances the same Appear to them to be Under. 

In Council Read & Conciirr'd & Samuel Thaxter John Turner and 
John Jeffries Esq" are Joined in the aft'air. \_Passed December 12. 



CHAPTER 140. 

VOTE APPOINTING A COMMITTEE FOR BURNING TORN & DEFACED 

BILLS. 

In the House of Represent" ^^^'^!?"^.*'*, 

Voted that M' Speaker, Ehsha Cooke Esq"^ M"^ Ihomas Cushmg, CoP council, xvi., 

Wainwright, CoP Chandler, Cap' Choat, M' Prout Maj' Brattle, M"" ^^ 

Thatcher, CoP Gerrish, CoP Alden, M"" Prescott, Maj'" Pomroy & Cap' ^^^j^p*: ifg"""- 
Williams, with such as the Hon''^*' Board shall Appoint be a Com'"" to 
Receive of Jeremiah Allen Esq'' Treasurer & Receiver General of his 
Majestys Province of the Massachusetts Bay such Publick Bills of 
Credit on the Province as are Torn & Defaced or Reudred Unfit for 
further Service & on Receipt thereof to Cause the Same to be Con- 
sumed to Ashes and give the Treasurer a Receipt therefor, the Com'"" 
to make Report of their doings herein 

In Council Read & Concurr'd And Francis Foxcroft John Jeffries & 
Edward Goddard Esq'' are Joined in the Affair. \_Passed December 13. 



CHAPTER 141. 

ORDER OF NOTICE ON TAUNTON PETITION FOR ANNEXATION OF 
NATHANIEL WILLIAMS LAND. 

A Petition of the Selectmen of the Town of Taunton, Setting forth ^efor^g^of the 
that the Act for Constituting the Town of Raynham Reserves all the Council, xvi., 

Farm of Nath' Williams to the Town of Taunton, as the pet" Appre- — — 

heud, and they have Taxed him Accordingly, Notwithstanding which ^a)"p! 'ue"'^ 
the Selectmen of Raynham have Taxed him for Some part of his Land, Province 



186 



Province l^x\\% {Resolves, etc.). — 1735-36. [Chaps. 142,143.] 



Laws, ii., 590, Supposing That the Act Sett that off to Raynham, And for as much as 
the two Towns do variously Construe the said Act, w^hich puts a great 
hardship on the said Williams; Therefore praying for an Explanation 
thereof by Declaring that the Whole of said Williams Laud is to be 
Understood to lye wdthiu the Town of Taunton 

Read & 

Ordered that the pet" Serve the Town of Raynham with a Copy of 
the petition, that they Shew Cause if any they have, on Wednesday the 
twenty forth Instant, why the prayer thereof should not be Granted. 
\_Passed December 13. 



CHAPTEK 142. 



ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO JOS. CLESSON. 



Legislative 
Records of the 
Couucil, xvi., 
231. Maps and 
Plans, Mis., 
ix., 25. 

Maps and 
Plans, Mis., 
ix., 25 bis. 
House Jour- 
nal, p. 33 
(June, 1734) ; 
p. 143. Ante, 
p. 20, chap. 34. 



A Plat of three hundred Acres of land, to fulfill a Grant made by 
this Court in the Year 1734, to Joseph Clesson, laid out by Nathauael 
Kellog Survey'' & two Chain men on Oath, begining at a White pine 
tree which Stands in the South bounds of Northfield, with a heap of 
Stones Round it, being the Northeast Corner ; thence Runing South 
7° 30 East, One hundred &, twenty Seven Rods, to a Chesnutt tree ; 
thence thirty three Rods on the Same Course, to a popple tree, being 
the South east Corner ; all three trees being Marked with the Letters 
I O, From the said Popple tree Runing West 7. 30 South, two 
hundred & fourteen Rods to a large heap of Stones, and on the Same 
Course ; Eighty Six Rods further to a Stake & heap of Stones, being 
the South W^est Corner ; thence North 7° 30' West One hundred & 
Sixty Rods, to a Stake and Stones for the North West Corner, Stand- 
ing in the South bounds of Northfield ; thence East 7° 30*^ North, three 
hundred Rods to where it began 

Read and 

Ordered That the plat be Accepted and the Lands therein delineated 
& described be and hereby are confirmed to the said Joseph Clesson 
his heirs and assigns for Ever provided the plat exceeds not the quan- 
tity of three hundi'ed Acres of Land and does not interfere with any 
former Grant. \_Passed December 13. 



CHAPTER 143. 



ORDER IMPOWERING THE ASSESSORS OF TOWNSHEND TO LEVY AND 
COLLECT A TAX ON LANDS. 



Legislative 
Records of the 
Council, xvi., 
232. 

House Jour- 
nal, p. 147. 



A Petition of John Stevens in behalf of the Town of Townshend 
Setting forth their Great difficultys in Raising money for Building their 
Meeting house &. Settling & Supporting their Minister And praying that 
they may be Impowred to assess and Lev}' a Tax of two pence ^ Acre 
for One Year and One penny ^ acre for two Years on all the Unim- 
proved lands in said Town for Building of a Meeting house and Set- 
tling and Supporting a Minister there 

Read & 

Ordered that the prayer of the petition be Granted and the Assessors 
of the said Town of Townshend for the time being for the said three 
Y^ears be and hereby are fully Authorized and Impowred to levy & 
assess a Tax of two pence ^ Acre on all Unimproved lands belong- 



[1st Sess.] Province Laws {Resolves, etc.), — 1735-36. 18' 

ing to Nonresident Proprietors for One Year next coming and a fnrther 
Tax of One penny ^ Acre for two Years next coming after to be Ap- 
plied for tlie Use of tiie Ministry as well in Support of the Minister as 
in building & finishing a Meeting house And the Constables or Col- 
lectors of said Town for the time being during said Term are hereby 
Required and directed to Collect and pay in the same According to 
the precept of the Warrants they shall Respectivly Receive for the 
said use and the said Lands are Subjected to the payment of the said 
Tax. \_Passed December 15. 



CHAPTER 144. 

ORDER IMPOWERING THE PROPRIET^s OF NARRAGANSETT TOWN NO. 4 
TO EXCHANGE LAND. 

A Petition of John Foster & Edwai'd Shove in behalf of the Grantees Legislative 
of the Tract of Land Granted to the Narragansett Soldiers, which lies c^u^^ff "^'P^ 
at Ameskeeg on the AYest side of Merrimack River Shewing, that upon 232. '* '' 
their Viewing the said Land, in Order to their laying it out into Lotts, House Jour- 
they found it so poor & barren, as to be Altogether Uncapable of mak- provmce^" 
ing Settlements; and therefore praying that they may have Liberty to Laws, xi., 785, 
quit it & take up the said Grant in Some other province land. chap. 193. 

Read & 

Ordered that the prayer of the petition be Granted, & the pet" are 
hereby Allowed & impowred to look out for one Other Tract of land 
for a Township, & Exchange for the s'' Township Number four, & 
Return a plat thereof at their own Cost to this Court within twelve 
Months for Confirmation. \_Passed December 16. 



CHAPTER 145. 

ORDER ALLOWING £32. 6 TO THE TOWN OF KINGSTON. 

A Petition of Gershom Bradford Agent ^ Shewing That the said Legislative 
Town is Taxed far beyond their proportion which they Apprehend coun^i^, xvL,^ 
to be thro this Mistake, that the Court in looking into their Tax for ^'^-- 
the Year 1734 Reckoned in their fine for not Sending a Represent" Province ^ 
& proportioned this Years Tax Accordingly cimijtisV'Tk^^ 

And therefore praying that the said Mistake may be Rectified and 777'^^ous^e' 
that they may be abated Such Sum, as it may Appear they were over 'loiirnai, 
Taxed as aforesaid pp-isg.us. 

Read & 

Ordered that forasmuch as the Facts herein Suggested are truly Rep- 
resented, the Sum of Thirty two pounds and Six pence be Granted & 
paid out of the publick Treasury to the Order & for the use of the Town 
^ of Kingston being so much that Town was Charged by mistake in the 
last Tax more than the Court Intended. \_Passed December 16. 

' The House Journal, p. 136, reads, '* for and in behalf of the Town of Kingston in the 
County of Plymouth." 



188 



Province Laws (i?esoZves,efc.). — 1735-36. [Chaps/ 146-148.] 



Legislative 
Records ot the 
Council, xvi., 
•233. 

House Jour- 
nal, pp. 110, 147. 
Province 
Laws, ii., 788, 
chap. 22. 



CHAPTER 146. 

VOTE GRANTING TO ROW» HOUGHTON THE SOLE PRIVILEGE OF MAK- 
ING AND SELLING A THEODOLITE. 

A Petition of Rowland Houghton, Shewiug that he hath with great 
pains & Expences projected a New kind of Theodelite for the Survej'- 
ing & measuring of Land, by the use whereof Surveying is Eendred 
more Easy and Expeditious, & less Expensive ; which projection will 
be of general benefit to the Province ; And therefore praying that the 
Court would Grant him a patent for the Sole Making & vending the 
said Instrument, for such Term of Years as this Court shall Judge 
proper. Read & 

Voted that the prayer of the petition be Granted, and the Pet' is 
Accordingly Allowed & Impowred to bring in a Bill Entitling him his 
heirs & assignes to the Sole making & Vending the said Instrument or 
Theodelite in this Province, for the Space of ten Years from the pub- 
lication of the Act, & for prohibiting all persons whomsoever within 
the Government from making or Vending the Same during Said Term. 
\_Passed December 16. 



CHAPTER 147. 

ORDER OF NOTICE ON AV^ VIRGIN'S PETITION FOR LEAVE TO REVIEW 

AN ACTION. 



Legislative 
Records of the 
Council, xvi., 
233. 

House Jour- 
nal, pp. 149, 150. 



A Petition of William Virgin of Bi'ook field, in the County of Worces- 
ter Shewing that one Daniel Bemus of Mortlake in the Colony of Con- 
necticutt, took the Advantage of the Pef' Journey to Jersey ou his 
Necessary Affairs, & Attached his Land for a pretended Debt, and 
brought his Action to the Inferiour Court for Said County in Febry 
last, where the Action went against the pef by Default, by Reason 
of his Absence ; And therefore praying that he may be Allowed to 
bring his Writ of Review of the said Action at the next Inf^ Court of 
Common pleas for said County and have a Trial thereof by a Jury 

Read & 

Ordered that the pef Serve the Adverse party Daniel Bemis, with 
a Copy of the petition, that he Shew Cause on the first Tuesday of 
the next Sitting of the Court, Why the prayer thereof Should not be 
Granted ; And the petition is Ref err'd in the mean time for consider- 
ation. [Passed December 16. 



CHAPTER 148 



VOTE FOR ADJOURN^ ESSEX COUNTY COURTS. 



Legislative 
Records of the 
Council, xvi., 
234. 

House .Jour- 
nal, p. 153. 
Province 
Laws, i., 369, 
chap. 2. 



Whereas the Court of General Sessions of the peace, and Inferiour 
Court of Common pleas are by Law to be held at Salem in and for the 
County of Essex, on the last Tuesday of this Instant December, And 
many of the Justice's and Others Concerned are Members of the Gen- 
eral Court now Sitting, and which may Continue to that time 

Voted That the Justices of the said Courts be & hereby are desired 
to Adjourn the same till the third Tuesday in January next. [Passed 
December 18. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 189 



CHAPTER 149. 

ORDER CONFIRMING A PLAT OF 800 ACRES OF LAND TO COL*^ THAXTER 
TURNER & DUDLEY. 

A Plat of Eight hundred Acres of land laid out by Jonas Houghton Legislative 
Survey"^ and two Chainmen on Oath in part to Satisfy a Grant made by councifj xV/.? 
this Court in the Year 1734,^ to Samuel Thaxter John Turner & Wil- 235- Maps and 

1 ItlDS jVXis 

liam Dudley Esq'' of Twelve hundred Acres, the said Land lying in the x., 2. ' "' 
County of Worcester bounded Northerly on the Township Granted to Maps and 
Salem Westerly on the Equivalent, and on the Other two Sides on Conn- I'lans, Mis., 

try Lands House Joiir- 

xvtjiRi LV Province 

Ordered that the plat be Accepted and the Lands therein delineated Laws, xi., 788, 
«& described be &, hereby are confirmed to the said Samuel Thaxter John ^ ^^' 
Turner & AVilliam Dudley Esq''*' their heirs & Assigns respectively for 
ever, in part Satisfaction of twelve hundred Acres of Land granted by 
this Court to the Grantees above named in March 1733, provided the 
plat exceeds not the quantity of Eight hundred Acres of Land and does 
not interfere with any former Grant. \_Passed December 19. 



CHAPTER 150. 

VOTE GRANTING TO THAXTER TURNER AND DUDLEY FURTHER TIME Legislative 

TO LAY OUT 400 ACRES OF LAND. Records of the 

Council, xvi., 
235. 

Voted That twelve Months more be Allowed to Samuel Thaxter John House .Jour- 
Turner & W'" Dudley Esq'' to Return a plat of four hundred Acres of ^^i}^-}^l^ 
land, being the Residue & Remaining part of a Grant of twelve hun- chap', lis. ' 
dred Acres made them in March 1733. \_Passed December 19. 



CHAPTER 151. 

ORDER CONFIRMING TO THOMAS WELLS AND OTHERS A PLAT OF A 

TOWNSHIP. 

A Plat of a Township - of Six Miles Square Granted by this Court Legislative 
to Thorn'' Wells Esq' William Richardson & others. Surveyed by Jonas councif.xvi., 
Houghton Survey' and Chain men on Oath ; bounding Westerly on the p-^- Maps and 
Towns of Hadley &, Sunderland, South on the Equivalent lands. East ix.', is'. 
on the Township laid out for Salem & North Upon Unappropriated Maps and 
Lands ; begining at the West Branch of Swift River, & Runing by the ^'''"Jl'ft^^.'^'' 
Needle West Sixteen hundred & Sixty perch with the Allowance of House .Jour- 
One perch in Thirty, then north along said line to Sunderland South ^nte^v^ld,^ ' 
line; thence East five hundred & Ninety perch, to Sunderland South chap. 228. 
east Corner; thence North 17 Deg East Eight Miles & Eighty perch; 
thence East 18 Deg. South One Thousand & fifty five perch then South 
10 deg West Nineteen hundred & Eighty perch to a Stake & Stones ; 
thence West 10 Deg North Three hundred and foi'ty Six perch to a 
black Birch standing by the Side of Said West Branch and then down 
Said Branch to where it began 

Read and 

» March 1, 1733. Province Laws, xi., 788, chap. 200. 
* The town was afterwards called Shutcsbury. 



190 



Province Laws (i?eso?i;es, ei!c. ) , — 1735-36. [Chaps. 152, 153.] 



Ordered that the plat be Accepted and the Lands therein delineated 
and described be & ^ hereby are confirmed to the said Thomas Wells 
Esq'' William Richardson & the other Grantees mentioned in the Grant 
on their petition passd this Court in April last their Heirs & assigns 
respectively, exclusive of the Grant of F'ive hundred Acres made to His 
Excellency Jonathan Belcher Esq'' Cap* General & Governour in Chief 
&c provided the plat (exclusive of said Grant to His Excellency) ex- 
ceeds not the quantity of six miles square of Land, and does not inter- 
fere with any former Grant, and also that the (Grantees fully comply 
with the respective Conditions of the Grant. \_Passed December 19. 



CHAPTER 152. 



ORDER CONFIRMING A PLAT OF A TOWNSHIP GRANTED TO SALEM 

INHAB'^8. 



Legislative 
Records of tlie 
Council, xvi., 
236. Maps and 
Plans, Mis., 
ix., 12. 

Maps and 
Plans, Mis., 
ix., 12 his. 
House Jour- 
nal, p. 153. 
Ante, p. 90, 
chap. 191. 



A Plat of a Township- of the Contents of Six Miles Square, Granted 
by this Court to the Town of Salem laid out by Jonas Houghton Survey"^ 
& Chain men on Oath, Bounded Westerly on the Township laid out to 
Thomas Wells Esq"" & others, Northerly on Unappropriated Lands, and 
Paquoig Township ; Easterly on Paquoig & on lands Granted to New- 
ton, and on the Voluntiers Town, & South on the Unappropriated lands 
and Equivalent Lands ; beginiug at the West Branch of Swift River, 
and Runino''by the Needle P^ast fourteen hundred & twenty perch, with 
Allowance of One Chain in Thirty then North Nine hundred & fifty one 
perch, to the South West Corner of Voluntier Township ; Thence East 
35 deg. North fourteen hundred & twenty five perch ; then North three 
hundred & Seventy perch, to the Southerly part of Paquoig Township ; 
thence West three hundred and Sixty perch, to a pine tree Standing on 
the South westerly Corner of Paquoig Township ; thence North three 
hundred and Forty Nine perch ; then West 4 deg South fifteen hundred 
& twelve perch to the aforesaid Township ; Granted to Thomas Wells 
Esq"" &c then South 10 deg. West, Sixteen hundred & fifty Seven perch 
to a Stake and heap of Stones ; thence West three hundred and forty 
Six perch to a Black Birch tree marked Standing on the East bank of 
the West Branch of Swift River «fe thence to the first boundary. 

Read and 

Ordered that the plat be Accepted and the Lands therein delineated 
and described be & hereby are confirmed to the Grantees Admitted into 
the said township by the Committee of this Court for that purpose Ap- 
pointed their heirs & Assigns respectively provided the plat exceeds not 
the quantity of Six miles square of Land and does not interfere with 
any former Grant, & that the Grantees fully comply with the Conditions 
of the Grant. \^Passed December 19. 



CHAPTER 153. 

ORDER CONFIRMING A PLAT OF 1,35.5 ACRES OF LAND TO SAM'' KEN- 
DELL & OTHERS. 



Legislative 
Records of the 
Council, xvi.. 



A Plat of thirteen hundred Acres of Land, Granted unto Samuel 
Kendell John Wallis, Shardreck Whitney, Samuel Blood, Eleazer F'lagg, 

1 MS. illegible ; supplied from the State Library copy. Legislative Records of the Council, 
xvi., 236. 

2 The town was afterwards called New Salem. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 191 

Beuj^ Barron, Eben^ Wynian, Eph'" Brown, Benj'' Taylor, Joseph Bald- f/ans^^MiB '''°*^ 
win, Jacob Baldwin, & William Johnson, Grantees of Townshend, laid ix., 20'. 
out by David Farrer & Chain men On Oath, lying South of Arlington Maps and 
so Called, beginiug at a Stake in the South line of Arlington, & Runing ^l^^^^Qmmter 
South 12 deg West four hundred & Sixty Rods to a Red Oak marked. House Jour- 
then South 45 deg East four huuch-ed & Sixty Rods to a Red Oak Marked ; X<el 'p^.^fis, 
then South 45 degrees East, to a hemlock One hundred Rods; thence chap. 247. 
South 5 deg West One hundred & Eighty Seven Rods ; then West three 
hundred & twenty Rods, then North Six hundred & Ninety Rods to a 
heap of Stones to the place where it began 

Read and 

Ordered That the plat be accepted & the Lands therein delineated 
& described be & hereby are confirmed to the said samuel Kendall & 
John Wallis and the other petitioners mentioned in their petition passed 
this Court in April last their Heirs and Assigns respectively, provided 
the plat exceeds not the quantity of thirteen hundred and fifty five Acres 
(five Acres being Allowed for the steapness of a pai't of Mount Grace) 
and does uot interfere with any former Grant. [^Passed December 20. 



CHAPTER 154. 

ORDER FOR A MEETING OF THE PROPRIETORS OF SALEM NEW TOWN. 

Voted that the Pet" or Grantees Admitted into the Grant made to Legislative 
the Inhabitants of Salem, ^ of the Contents of Six Miles Square, shall council^, xvi.,^ 

& may upon their drawing the Home lots Assemble & Chuse a Mod- '^ 

erator & Proprietors Clerk & Agree Upon methods & Acts for the House Jour- 
benefit of brings forward the Settlement of their Grant, and also how A7iiF,'p. m, 
their future meetings shall be Called, And Daniel Epes Esq'' is fully <^^"p- ^^'^■ 
Authorized and Impowred to Call the first meeting of the Grantees in 
Some Convenient place in Salem, as soon as may be for the purpose 
aforesaid. '[Passed December 20. 



CHAPTER 155. 

ORDER ALLOWING THE TOWN OF LITTLETON £18. 7. 6. 

A Petition of Caleb Taylor Represent'' of the Town of Littleton Legislative 
Setting forth the poverty of the people in the said Town, and the counclf xvi!^^ 
Smallness of their Number, and that they Apprehended they were •^37. 
not Obliged by Law to Send a Represent'' to the General Court and House Jour- 
therefore praying that the fine laid on the said Town the last year for provinJ^^' 
not Sending One may be Remitted Laws, n., 726, 

-r, , „ ° •■' chap. 13; 730. 

Read & 

Ordered that the prayer of the petition be Granted, and the Sum of 
Eighteen pounds Seven shillings and Sixpence be and hereljy is Granted 
and Allowed to be paid out of the publick Treasury to the Order of the 
Town of Littleton, to Reimburse them the like Sum they paid as a Fine 
for not Sending a Represent" last year. \_Passed December 20. 

> The town became New Salem. 



192 



Province 1j aw 8 (^Resolves, etc.) . — 1735-36. [Chaps. 156-158.] 



CHAPTEK 156. 



ORDER CONFIRMING A PLAT OF 250 ACRES OF LAND TO SAMi- KNEE- 
LAND. 



Legislative 
Records of the 
Council, xvi., 
238. Maps iiiul 
Plans, Mis., 
X., 5. 

Maps and 
Plans, Mis., 
X., 5 ter. 
House Jour- 
nal, p. 154. 
Ante, p. 102, 
chap. 223. 



A Plat of two himdred aud fifty Acres of land, laid out by Jonas 
Houghton Survey'' & Cliainmen on Oath, to fulfill a Grant made by 
this Court to Samuel Kueelaud, bounded Northwesterly on the Nar- 
ragansett Township Number two, and on Wachuset pond, and every 
way else on Unappropriated lands ; begining at a heap of Stones on 
the bottom of a Rocky hill, and Runing South 28 deg. East, two hun- 
dred & twenty Rods ; then West 30 deg. South, two hundred & two 
Rods; then North 31. deg West, two hundred & fifteen Rods, to the 
line of said Narragansett Township Number two ; and then by the 
said line to the Pond where it began 

Read and 

Ordered that the plat be Accepted and the Lands therein delineated 
and described be & hereby are confirmed to the said samuel Kneeland 
his Heirs & Assigns provided the plat exceeds not the quantity of two 
hundred and fifty Acres of Land and does not interfere with any former 
Grant. [^Passed December 20. 



CHAPTER 157. 



Legislative 
Recoi'ds of the 
Council, xvi., 
239. 

House Jour- 
nal, p. 164. 
Ante, p. 166, 
chap. 93. 



ORDER REFERRING NATHi- SALTONSTALLS PETITION WITH BOND AND 
STAY OF EXECUTION. 

On the petition of Nathan^ Saltonstall & Order thereon [^ante, p. 166, 
chap. 93] 

Read And for as much as Henry Stokes is yet out of the Province, 
Ordered that the Consideration of this petition be further Referr'd 
to the Session of this Court in May next, and that upon the Pet" giv- 
ing Bond of the Nature abovesaid the Execution within mentioned, be 
Staid in the Meantime. [Passed December 22. 



CHAPTER 158. 



ORDER ALLOWING £6. 10 TO JABEZ BRADBURY. 



Legislative 
Records of the 
Council, xvi., 
239. 

Executive 
Records of the 
Council, X., 4. 
House Jour- 
nal, p. 146. 



A Petition of Jabez Bradbury, Praying for an order of the Treas- 
ury for the sum of Six pounds ten shillings being the Wages of his 
Servant Thomas Fisk from April 17 to July 1732 at Richmond Fort 
his name being Cassually left out of the Muster Roll as Appears by the 
Certificate of the then Command' of the said Fort 

Read & 

Ordered that the prayer of the petition be Granted, and the Sum of 
Six pounds ten shillings be Granted and paid out of the publick Treas- 
ui-y to the said Jabez Bradbury, for so much due for the wages of the 
said Thomas Fisk his Servant omitted in the within mentioned Muster 
Roll. [Passed * December 22. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 193 



CHAPTER 159. 

ORDER IMPOWERING SARAH GORE TO JOIN IN A SALE OF LAND. 

A Petition of Sarah Gore Widow of Obediah Gore late of Boston Legislative 
deced, (for herself & her two Youngest Childreu, John «fe Katharine councif, xvi.,^ 

Gore) Elizabeth Gore Daniel Bell & miriani his wife & Sarah Gore, "^ 

Children of the said Obediah, Shewiug That he dyed Seized of a Lott House Jour- 
of F'lats Ground of about Forty feet in front at the South end of Bos- pro'vm'ce ' 
ton, Adjoyning to a Lott of land belonging to the Estate of Oliver ^jfj^j^'^y "' ^^^' 
Noyes Esq' deced, which said Lott is Unprofitable to the pet" as it 
lyes ; And therefore praying that the first Named Sarah Gore may be 
Impowred in behalf of her two Youngest Children to join with the 
other Pet" in making Sale thereof. 

Read & 

Ordered that the prayer of the petition be Granted and the pef Sarah 
Gore, as well for herself as for the two Shares or parts of the two Minors 
John Gore & Katharine Gore, Children of the said Obediah, and in their 
name and behalf to whom she is Natural Guardian, be and hereby is 
fully Authorized and Iinpowred to Join with the Other Pet" Children 
and heirs of the said Obediah Gore deced in the Sale of the said Lott 
of Land within mentioned for the Most the same will fetch ; And in 
proceeding in the Sale the Pet" are Required to Observe the Rules 
and directions of the Law of this Pi'ovince of the Sixth Year of his 
late Majesty King George the firsts Reign Chap, the S'^ Relating to 
the Sale of Real Estates One third of the proceeds of the Sale to be 
delivered to the Pef Sarah Relict Widow of the said Obediah, to have 
and to hold for Life ; Provided she give full Caution to the Judge of 
Probate of Wills for the County of Suffolk, that the Said third part 
be well and truly paid by her Executors or admors to the heirs & Rep- 
resent'' of the said Obediah at her decease ; Provided also that she give 
further and full Caution to the Said Judge that the Minors full Share 
or parts of the said proceeds of the Sale of the premisses be let out at 
Interest, the profits whereof to be Annuall}' paid & Applied for their use 
benefit and Support during their Minority and the principal thereof to 
be paid as they shall Respectivly Arrive at Age or be married. \_Passed 
December 22. 



CHAPTEE 160. 

ORDER OF NOTICE ON JOHN OLDS PETITION FOR LEAVE TO FILE A 

COMPLAINT. 

A Petition of John Old of Suffield in the County of Hampshire, Legislative 
vShewing that at the Lif Court of Common pleas for said County held councu'' xvi'^^ 
in September last, he Recovered Judgment Against Ephraim Hayward 241. 
of Brookfield for the Sum of £108. 4. 3 & Costs; from which the said House Jour- 
Hayward Appealed to the next Superiour Court, but failed of prose- ^^^' ^'" ^^^' 
cuting his Appeal ; and the Pef Employed an Attorney to file his Com- 
plaint for Obtaining a Confirmation of the Judgment with Additional 
Costs, but he thro his hurry of business forgot it ; And therefore pray- 
ing for Liberty to file the Said Complaint at the next Superiour Court 
for the said County 

Read & 

Ordered that the pef Serve the Adverse party Ephraim Hayward 



194 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 161, 162.] 



with a Copy of the petition, that he Shew Cause on the first Tuesday 
of the next Sittiug of the Court, why the prayer thereof should not 
be Granted, and the petition is Referr'd to that time for considera- 
tion. [^Passed December 22. 



CHAPTER 161. 



Legislative 
Records of tlie 
Council, xvi., 
241. 

House Jour- 
nal, p. 160. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING JOSH. WANSQUAM INDIAN, TO SELL LAND. 

A Petition of Joshua Wansquam of Natick Indian, Shewing that 
by his Industry he has gotten money with which he has purchased 
Considerable Lands in said place, but has latly thro Sickness in his 
family and other Expences contracted Several Debts ; and therefore 
praying for Liberty to Sell a Lott of Land of thirty Acres Remote 
from his dwelling for the payment of his just debts 

Read & 

Ordered that the prayer of the petition be Granted, and the pet' is 
Allowed & Impowred to make Sale of a Lott of Land in Natick, for 
the Most the Same will fetch, giving and Executing a Good deed or 
Deeds of Sale and Conveyance thereof in due form of Law ; And Fran- 
cis Fullam Esq'' & M' Ebenezer Allen are desired & impowred to Assist 
the Pef in the Sale of the premisses, and See that he has Justice done 
him therein, in the procedure Whereof the pet"" is Required to Observe 
the Rules & directions of the Law of this Province of the Sixth Year 
of his late Majesty King George the first Chap S'' Relating to the Sale 
of Real Estates ; And the said Francis Fullam Esq' & M' Ebenezer 
Allen are hereby Impowred & directed out of the proceeds of the Sale 
of the premisses to Satisfy the Execution Awarded Against him in the 
Judgment obtained by Samuel Morris jun' within mentioned, & to pay 
the Doctors Bill & other Charges, contracted in his Sickness ; & the 
Remainder thereof if any there be to be Applied for the Relief & Sup- 
port of the pef & his family in the most prudent manner as their Occa- 
sions may hereafter call for or Require. \_Passed December 22. 



\ 



CHAPTER 162. 

ORDER ACCEPTING THE COM^i-e REPORT ABT THE BEACON ISLAND 
LIGHTHOUSE REPAIRS. 



Legislative 
Records of the 
Council, xvi., 
242. 

House Jour- 
nal, p. 158. 
Ante, p. 185, 
chap. 139. 



Samuel Thaxter Esq'' from the Com"''' of both Houses Appointed 
to View the Lighthouse, gave in the following Report, viz' 

Decem' 13. 1735 Pursuant to the within Order the Committee hav- 
ing Repaired to Beacon Island, & Carefully Viewed the New Wharff and 
the Repairs of the lighthouse Dwelling house & old Wharff, do Report, 
That the Lighthouse Dwelling house & wharves are well done, and fin- 
ished excepting only that some of the Boxes in that part of the old 
Wharff, which is Rebuilt, want filling with Stones that the South side 
of the said Wharff ought to be better Secured Against the Breakers 
by a Rolling dam, and that the Dock wants more Clearing : all which 
is humbly Submitted by Order of the Committee 

Sam^ Thaxter 

Read & 

Ordered that the Report be Accepted and the Committee for Effect- 



[1st Sess.] Province Laws {Resolves, etc. ^. — 1735-36. 195 

ing tlie said Repairs are hereby desired to See that what Reraaius to 
be done, as set forth above, be Compleated in the best manner as soon 
as may be. [^Passed December 23. 



CHAPTER 163. 

ORDER IMPOWERING ABIEL CHAMBERLIN TO SELL LAND TO PAY 

DEBTS. 

A Petition of Abiel ^ Chamberlain Widow & Admin'' of Jacob Cham- Legislative 
berlaiu late of Rumney Marsh deced, Shewing that her said husband councif xvi!"^ 
purchased of Jonathan Tuthill fifty three Acres of Land in Rumney 24'2. 
Marsh afoi'esaid, Upon which he laid out above three hundred pounds House Jour- 
in buildings; which Estate is Subjected to the payment of Five hun- lesV^'rcfvmce 
dred & Sixty pounds to the Children of the said Jonathan the father, Laws, ii., i5i, 

chuu 10 

and the said Chamberlain was obliged to Support the said Jonathan 
& his Wife during their lives, & be at the Charge of their funeral, that 
the pet" husband dyed much in debt other wise ; And therefore pray- 
ing that the Pef may be Inipowred to Sell the whole of the said Real 
Estate, which She has now an oppertunity to do under the said Incum- 
brance for the payment of her husbands debts Outstanding, with part 
of the produce, and the Rest to be divided According to Law Read 
& in Answer to this petition 

Ordered that the Pet"^ Upon her giving bond with Sufficient Suretys 
to the Judge of Probate for the County of Suffolk for disposing thereof 
as hereafter mentioned, and Upon Observing the Rules & directions 
provided in an Act made in the Sixth Year of the Reign of his late 
Majesty King George the first Chap. 3*^ be and hereby is impowred in 
her Capacity of Admin" to make Sale of the Real Estate of the within 
mentioned deced mentioned in the petition, & to Execute in due form 
of Law a Deed thereof to such person as will give Most for the Same ; 
and that such Deed make a Good Title to the purchaser his heirs & 
assignes forever ; the Produce of the Real Estate or so much of it as 
shall be found Necessary to be Applied and Disposed of for the pay- 
ment of Such of the Deceased Debts as are now due, & so as may best 
Secure the payment of what May become due to the heirs of the within 
Named Jonathan Tuttle Sen"^ at his Wifes decease, and defray the Charge 
that may arise for the Maintenance & burial of the said Tuttle, & his 
wife, & the Remainder to be disposed of as follows viz' the Impi'ove- 
ment or Income of One third part thereof to the pet" for the Term of 
her Natural life, provided She give Bond to the said Judge with Suffi- 
cient Suretys that her Executors or admori at her dec ease shall pay 
back the principal Sum to the Children of the said deced, or their 
Legal Represent" And the other two thirds to be put into the hands 
of such Guardian or Guardians ^^ the aforesaid Judge shall Appoint 
for the Children of the said Deced, and by them put out on Interest 
for their benefit during their Minority, and the principal to be paid 
them as they Respectivly Arrive at Age or are Married ; And the 
Widows third part at the Expiration of her Term to be divided to 
and Among the said Children, or such as shall Legally Represent 
them Agreeable to the Law of the province for the Distribution of 
the Estates of Intestates, and the Decree of the aforesaid Judge 
pursuant thereunto. \_Passed December 23. 

» The House Journal, p. 126, reads, "Abigail.'" 



196 



FroyinceIjaws {Hesolves, etc.). — 1735-36. [Chaps. 164-166.] 



CHAPTEK 164. 



ORDER ANNEXING LAND TO REHOBOTH. 



Legislative 
Records of the 
Council, xvi., 
243. Mass. 
Archives, xlii., 
488. 

Mass. 

Archives, xlii., 
483-487. House 
Journal, p. 166. 
Ante, p. 134, 
chap. 19; p. 153, 
chap. 61. 



A Petition of Charles Church Esq"" of Bristol and Elisha Johnson 
of Sutton Shewing that the Gore of land lying between the Towns 
of Rehoboth Norton Taunton & dighton is Most of it by this Court 
Granted and Confirmed to his P^xceilency the Gov'' and the pef^' and 
those whom they Represent and that the said Tract lies most Com- 
modiously to be Joined to the Town of Rehoboth And therefore pray- 
ing that by an order of this Court it may be made a part thereof 

Read & 

Ordered that tlie prayer of the Petition be granted and the Gore of 
Land within mentioned bounded & Described as within set forth be 
and hereby is declared & 

Resolved to be annexed to lye in & Accounted as part of the Town 
of Rehoboth in the County of Bristol for the future and all the Lands 
in said Gore with the Inhabitants thereon hereafter shall be subjected 
to do Duty as well as Entitled to Receive Priviledge equal with any 
other Inhabitants of said Town of Rehoboth or Lands therein and no 
other Town in the County of Bristol shall at any time hereafter be 
allowed to Claim Jurisdiction in and over the said Gore or any part 
or parcel thereof. [^Passed December 23. 



Legislative 
Records of the 
Council, xvi., 
243. 

House Jour- 
nal, p. 164. 



CHAPTER 165. 

ORDER OF NOTICE ON THE PETITION OF DAN^- AXTELL & OTHERS OF 
BERKLEY ABOUT A MEETING HOUSE. 

A Petition of Daniel Axtell & thirty Seven others Inhabitants of 
the Town of Berkley, Shewing that there are Great divisions Among 
the Inhabitants with Respect to the place for Settling their Meeting 
house on ; And therefore praying That this Court would Appoint a 
Com"'*' to View the Town & fix a place for the Meeting house : 

Read & 

Ordered that the Pef Serve the Town of Berkley with a Copy of the 
petition that they make Answer thereto on the first Thursday of the next 
Sitting of the Court, Why the prayer thereof Should not be Granted. 
[Passed December 23. 



CHAPTER 166. 

ORDER CONFIRMING A PLAT OF 600 ACRES OF LAND TO THE HEIRS 

OF MK ROLFE. 



Legislative 
Records of the 
Council, xvi., 
24-2A. Maps 
and Plans, 
Mis., ix., 21. 

Maps and 
Plans, Mis., 
ix., 21 qu.ater. 
House Jour- 
nal, pp. 163, 164. 
Province 



A Plat of Six hundred Acres of Land, laid out by Joseph Wilder 
Esq'' and Chainmen on Oath, to Satisfy a Grant made by this Court 
to the heirs of the Rev'' M' Benj" Rolfe deced, lying on the AVest side 
of the Town of Lunenburg, and butting Easterly on it, Southerly on 
the Narragansett Town N° 2, West on a farm of 200 Acres, laid out 
to the heirs of Thomas Star ; Northwest on province land, North on 
a 1,000 Acres laid out to Cambridge ; begining at a Stake_and Stones 
at the Letter A on Lunenburg line ; and from thence Runing with it, 



[1st Sess.] Province Laavs (^Resolves, etc.). — 1735-36. 197 

One hundred and twenty^ Rods South 12 deg West, to the Letter B to Laws, i., 43, 
a Stake and Stones, the Corner of the said Narragansett Township; ^Jf/e.'p.'iST, 
and from thence with Said Town, West 18 Deg. South four hundred chap. 28. 
& fourteen Rods to the Letter O, to a Stake and Stones ; and thence 
North 18 Deg. West three hundred & thirty Rods to the Letter D ; to 
a Stake and Stones ; thence East 18" deg North two hundred & ten Rods 
to the Letter E the North West Corner of Cambridge Farm ; thence with 
the said Farm to the place first mentioned 

Read and 

Ordered That the plat be & hereby is Accepted and the Lands therein 
delineated and described be and hereby are Confirmed to the said Ben- 
jamin Rolfe and the other Children and Heirs of the Reverend Mr. Ben- 
jamin Rolfe late of Haverhill Clerk deceased their heirs and Assigns 
respectively for Ever to be distributed to & among the Grantees accord- 
ing [to] the Act of this province of the fourth of William & Mary Cap. 
11, Entitled An Act for the Settlement and Distribution of the Estates 
of Intestates, provided the plat exceeds not the Quantity of Six hundred 
Acres of Land & does not interfere with any former Grant. [Passed 
Decemher 23. 



CHAPTEE 167. 

ORD° FOR A MEETING OF ¥>= GRANTEES OF THE TOWN GRANTED TO 
SAM"- HUNT & OTHERS. 

Ordered That Thomas Wells Esq' be impowered and directed ^^^*^|f*^^f .^ 

to notifie the Grantees of the Tract of Land or Township'" made by this council, xvi., 
Court to the Officers and soldiers, that were at the Falls Plight above Archives*^*' 
Deerfield, and to their Descendants, That they appear in Some Town cxiv., eos'. 
in the County of Hampshire as soon as conveniently may be to chuse House Jour- 
a Moderator and Proprietors Clerk and to agree upon effectual Methods ^n'fF,''p!^h, 
for the laying out and fulfilling of their Grant and to call Meetings for chap! lii. ' 
the future. \_Passed December 24. 



CHAPTER 168. 

ORDER ALLOWING THO^ SMITH ESQ^ £120 FOR SERVICES AS TRUCK- 
MASTER. 

A Petition of Thomas Smith Esq' Truck Master for the Trading Legislative 
house on Saco River, Shewing that his Trouble and Expence in that councu^xvi^^ 
Service is greater than other Truck Masters in the Eastern parts. And 243a. 
therefore praying that his Salary may be Raised to One hundred & House Jour- 
twenty pounds a Year as the Others are °'**' P" ^^'' 

Read & 

Ordered that the prayer of the petition be Granted, and the Pef is 
Accordingly Allowed to Charge for the future after the Rate of One 
hundred and twenty pounds p annum for his Services in managing the 
Truck Trade on Saco River Accordingly. [Passed December 24. 

' The surveyor's certificate, in Maps and Plans, says, " one hundred and twenty Six 
Rods." 

" " Eight," in Maps and Plans. 

3 This township afterwards became Bernardston. 



198 



Province ljAVf^{Besolves,etc.). — 1735-36. [Chaps. 169,170.] 



CHAPTEK 169. 



ORDER APPOINTING A COMMITTEE ON JAMES COOCHUCKS PETITION 

TO SELL LAND. 



Legislative 
Records of the 
Council, xvi., 
244. 

House Jour- 
nal, p. 154. 



A Petition of James Coochuck of Natick Indian, Shewing that he 
has Contracted Considerable Debts by Sickness in his family and pray- 
ing for Liberty to Sell forty Acres of his Land for the paying of his 
Debts and the Remainder to be Employed in building a Convenient 
Dwelling house & purchasing a Stock for him 

Read & 

Ordered that Nath^ Harris Esq""^ be desired to Enquire into the pet" 
Circumstances & the facts Suggested in the petition &, Report their 
Opinion as soon as may be, of what may be proper for this Court to 
do thereon. \_Passed December 24. 



CHAPTER 170. 



ORDER IMPOWERING JON^ DUNSTER & OTHERS TO HOLD LANDS IN 

FEE SIMPLE. 



Legislative 
Records of the 
Council, xvi., 
244. 

House Jour- 
nal, p. 167. 



A PETITION of Jonathan and David Dunstar, Philip Carteret & Eliza- 
beth his AVif e & Solomon Page & Dorothy his Wife Shewing that Whereas 
]VP* Elizabeth Thomas deced in and by her last will & Testament bear- 
ing date the 30"' of May 17 - proved & allowed gave the pet" all her 
Housings & Lands, Meadows. Marishes, Pastures, Woodlands & Garden 
lands from the Brick house to the River that was their Aunt Elizabeth 
Wades, with all the Rights in the thirds that would have fallen to the 
said Elizabeth had she lived, witli all manner of Housing & Lands 
which belonged to her ; all which was given to the pet" & the heirs of 
their Bodys Lawfully begotten, the pet" Apprehend the Said Devise 
to be an Entail and forasmuch as the said Estates Consists of Several 
Small parcells of Land and parts of Houses which are of little Value 
as held in Common, Therefore praying that this Court would Grant 
them power to Sell the Same or divide it among them 

Read & 

Ordered that the prayer of the petition be Granted, and the Entail 
on the Lands & Tenements within mentioned which the pet" Say they 
hold by force of the said Testament of the said Elizabeth Thomas in 
Fee Tail, be & hereby is declared to be taken off ; And it is further 

Ordered by this Court and the Authority thereof, that the pet" & 
their heirs and Assignes Respectivly shall have & hold the Lands & 
Tenements in their own Right in Fee Simple, So as that they may 
improve the Same to themselves in the best manner and to their 
own use & behoofe or Sell the Same in Fee to any person or persons 
whatsoever. \_Passed December 24. 

1 The State Library copy, Legislative Records of the Council, xvi., 24-i, and the House 
Journal, p. 154, add the name of M^ Ebenezer Allen to the committee. 

2 The House Journal, p. 167, reads, *' May 3lst. 1729." 



[1st Sess.] Province Laws {Mesolves, etc.). — 1735-36. 199 



CHAPTER 171. 

ORDER IMPOWERING THE ASSESSORS OF THE TOWN OF FALMOUTH 
TO LEVY AND COLLECT A TAX OF ONE PENNY PER ACRE ON LAND. 

A Petition of Moses Pierson Represent* of the Town of Falmouth R|for|js"o( tj, 
in the County of York, Shewing that the said Town is put to great Councii, xvi., 
Charge in Supporting the Minister & School there, they being Obliged ArcMTC^.^v., 
by Reason of their Situation to Support two Ministers, and Altho they ^^ 



are Competently filled with Inhabitants, yet they have been so Impov- Mass. 
erished by the late War; that they are Unable to bear the said Charge ; iig! '"hous"^'' 
And therefore praying that they may be Impowred to Tax the Unim- Journal, 
proved Lands in said Town at one penny ^ Acre for the Support of ^^^' ' 
the Ministry & School 

Read, and in Answer to this Petition, 

Ordered That all the unimproved Lands in the Town of Falmouth in 
the County of York belonging either to Residents or Non resident Pro- 
prietors be and hereby are Subjected to a Tax of one Penny per Acre 
per Annum for the Space of three Years next coming to be applied to 
and for, and the better to enable the said Town to Support the Charge 
of the ministry and School therein, and the Assessors of the said Town, 
as well as the Constables or Collectors there for the Time being during 
the Said Term are hereby respectively required to levy and assess the 
s*^ Tax, and collect and pay in the Same according to the Said Assessors 
Warrants on the Lists to be given to the Constables or Collectors for 
the Said Term for the Uses aforesaid, and the Said Lands are Subjected 
to the Pa3'ment of the Said Tax Accordingly for the uses aforesaid only. 
\_Passed December 26. 



CHAPTER 172. 

ORDER FOR A NEW PRECINCT IN METHUEN. 

A Petition of Henry Sanders and other Inhabitants of the North Legislative 
part of the Town of Methuen, Setting forth that they are far distant councif, xvi., 

from the Meeting house in the said Town, So that it is inconvenient ^^ 

for them and their familys to Travell thither upon the Lords day, for h^'"®® '','i^^- , 
which Reason they petitioned the said Town of Methuen for their Con- '^ '^'^' ' ' * 
sent to their being Sett off a Seperate precinct ; which they Voted Ac- 
cordingly by the following bounds viz' the line to begin at the North 
side of the Worlds end pond, thence to Run Easterly to the South Side 
of Peter Morrills land, and so to Haverhill line, and from said Pond to 
a Wading place in Spiket River by Jonathan Corles, and thence Rumng 
West to a pine Tree Standing on the line between Dracut & Methuen on 
the South side of Porcupine Brook, Praying for a Confirmation of the 
said Vote 

Read & 

Ordered that the prayer of the petition be Granted, and the Lands 
in the North part of the Town of Methuen in the County of Essex 
with the Inhabitants thereon be & hereby are Erected into a Seperate 
«fe destinct precinct by the Metes and bounds Set forth in and Agree- 
able to a Town Vote of the said Town of Methuen at a legal Meeting 
held there the fifteenth day of this Instant Decem"^ as Appears by a 
Copy thereof Annexed to this petition ; And the Inhabitants of said 
Precinct are Vested with & allowed & Impowred to hold and Enjoy 



200 



Province IjAW^ {Resolves, etc.). — 1735-36. [Chaps. 173-175.] 



Equal powers, priviledges, Immunitys and Advantages with any other 
precinct in this Province ; And M'' Henry Sannder's one of the prin- 
cipal Inhabitants of said precinct is hereby Allowed and impowred to 
Call a first precinct Meeting to Chuse a Clerk and Other precinct Ofti- 
cers to Stand untill the Anniversary Meeting in March next. \_Passed 
December 26. 



CHAPTER 173. 



VOTE ALLOWING £3. 18 TO HENRY SAMPSON. 



Legislative 
Records of tlie 
Council, xvi., 

248. 

House Jour- 
nal, p. 173. 



It Appearing that thro a Meer oversight in making up the Wages 
of M'' Henry Sampson Represent of Dartmouth in the Year 1732 there 
was three pounds Eighteen shillings carried out Short of what was due 
to him by Law 

Voted therefore that the Sum of three pounds Eighteen shillings be 
Granted and paid out of the publick Treasury to the said Henry Samp- 
son for so much Omitted for his Service as Represent"^ of Dartmouth 
iu the General Court Anno 1732 And that the said Town of Dartmouth 
stand Chargable with & Reimburse the publick Treasury the said Sum 
in the next province Tax in the Represent*"' pay. \_Fassed December 27, 



CHAPTER 174. 

ORDER CONFIRMING A PLAT OF 250 ACRES OF LAND TO JOHN OVER- 

ING ESQK. 



Legislative 
Records of the 
Council, xvi., 

248. 

House Jour- 
nal, p. 173. 
Ante, p. 104, 
Chap. 227. 



A Plat of two Hundred and fifty Acres of Land laid out by Richard 
Harding Survey"' & Chainmen on Oath to fulfill a Grant made by this 
Court to John Overing Esq', begining at the North West Corner being 
a Stake and Stones Standing in Rehoboth line, which is the Sou th West 
Corner of lands laid out to the heirs of Peter Bulkley P2sq'' Deced ; thence 
Southerly by said Rehoboth line two hundred & Sixty Rods to a Stake 
& Stones, which is the South West Corner ; thence Easterly, two hun- 
dred &. forty Rods to a Stake and Stones, which is the South easterly 
Corner ; thence North & by East two hundred & Sixty four Rods to a 
Stake & Stones, which is the Northeasterly Corner ; thence Westerly 
One hundred & Sixty Eight Rods to the place first mentioned. 

Read & 

Ordered that the plat be Accepted and the lands therein delineated 
& described be and hereby are Confirmed to the said John Overing 
Esq'" his heirs & assignes forever provided that the plat exceeds not 
the quantity of two hundred & fifty Acres & does not Interfere with 
any former Grant. \_Passed December 29. 



CHAPTER 175. 

ORDER GRANTING TO THE HEIRS OF JAMES TAILOR FURTHER TIME 
TO PERFECT A PLAT. 



Record"©? th ^ PETITION of Ch ristop her Jacob Lawton, in behalf of the heirs of 
Council, xvi., James Tailor Esq"^ deced. Shewing that pursuant to a Grant made by 
^— this Court to the heirs of M"" Taylor they Returned a plat of five hun- 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 201 

dred Acres of Land to the Court which was Accepted by the House Legislative 
but Rejected by the Council And therefore praying that they may be couuclf xvi^^ 
Allowed time till the next May Session for briuoino; in a perfect plat 228. House 

T^ , „ » & 1 I Journal, p. 174. 

Keaa & ^nte, p. 79, 

Ordered that the prayer of the petition be Granted and the pet" are ^''"p- ^^i- 

Accordingly Allowed time till Next may Session to bring in a Plat of 

said Grant for Confirmation. \_Passed December 29. 



CHAPTER 176. 

ORDER IMPOWERING JUSTICES OF COURT OF GENERAL SESSIONS TO 
RECONSIDER A DECISION. 

A Petition of Samuel Barker of Falmouth Shewing that upon a Legislative 
former petition to this Court in the Year 1731 they were pleased to coSudf xvi!'^ 
Recommend it to the Court of General Sessions of the peace for the 249. 
County of Barnstable to Order the laying out a way to the pet" ferry House Jour- 
from Falmouth to Marthas Vineyard ; which was done Accordingly, p'J.ovincl^' 
and the Sheriff made a Return thereon to the said Court after the Laws, xi., 634, 
same was laid out by a Jury, but the Court declined to Accept of ^ ^^^' ^" 
the said Return, And therefore praying that this Court would direct 
the said Court of Sessions to Reconsider the said Return & make 
proper Order thereupon 

Read and in Answer to this petition, 

Ordered that the Justices of his Majestys Court of General Sessions 
of the peace for Barnstable County, in their next Sessions be and hereby 
are fully Authorized and Impowred, if they see Cause, to ReConsider 
their former Vote on the Report of the Jury within mentioned and to 
Accept the same & make Matter of Record thereof if they please. 
\_Passed December 29. 



CHAPTER 177. 

ORDER ALLOWING 30/ TO THO^ W^HITE. 



A Petition of Thomas White of Weymouth, Shewing that in the Legislative 
Month of January 1733 his Dwelling house was burnt down, and oounclf xvf'^ 
among other Bills of Credit which he then lost, a thirty Shilling bill 2oo. 
of this province was burnt, of which he hath made Oath before a House Jour- 
Justice of the peace ; And therefore praying that Thirty Shillings "''''' ^- ^''^^ 
may be Allowed him out of the Treasury 

Read & 

Ordered that the prayer of the petition be Granted, and the Sum of 
thirty shillings be Allowed to be paid out of the Publick Treasury to 
the pef Accordingly. [^Passed December 29. 



CHAPTER 178 



ORDER IMPOWERING SARAH DOUBLET INDIAN TO SELL LAND TO PAY 

DEBTS. 

A Petition of Spencer Phipps Esq'' Trustee for Sarah Doublet Indian, Legislative 
Shewing that she is the only Surviving Proprietor of five hundred Acres councif, xvi!'® 
of land Reserved to the Nashoba Indians, that she is now much disabled 249, •250.'" 



202 



Province Laws {Resolves, etc. ) . — 1735-36. [Chap. 179.] 



House Jour- 
nal, pp. 173, 174. 
Province 
Laws, ii., 151, 
chap. 10. 



by Age and Sickness, and has Contracted Considerable debts for her 
Support, and therefore praying for leave to Sell the said Land for dis- 
charging the said Sarahs debts and for providing for her more Comfort- 
able Support during the Remainder of her life 
Read & 

Ordered that the prayer of the petition be Granted ; and Accordingly 
Voted that the said Sarah Indian Alias Doublet be Allowed and Im- 
powred to make Sale of the whole of her Interest in the Lands in Nashoba 
(now littleton ) for the most the same will fetch and to give and Execute 
in due form of Law a Good Deed or Deeds of Conveyance for the same, 
and in the Sale thereof to proceed According to the directions of the 
Act of this Province of the Sixth Year of the Reign of his late Majesty 
King George Chap. S'' Relating to the Sale of Real Estates, and that 
the Memorialist, with Samuel Danforth Esq'' who is hereby Joined with 
him in the said Trust, be and hereby are fully Impowred to see Jus- 
tice done the said Sarah in the Sale of the premisses and to Receive the 
proceeds thereof, and out of the same to pay and discharge so much as 
has been already necessaryly Contracted for the said Sarahs Support 
and the Surplusage to Improve for her Comfort and Relief as in their 
Discretion they shall find needfull And for the Remainder (if any be at 
her decease) to stand Accountable to this Court. [^Passed December 30. 



CHAPTER 179. 



ORDER ACCEPTING THE COMMITTEES REPORT OF THE LINE BETWEEN 
THE TWO ROXBURY PRECINCTS. 



Legislative 
Records of ttie 
Council, xvi., 
• 251. 

House Jour- 
nal, pp. 178, 179, 
Ante, p. 107, 
chap. 232. 



The Com^^^ Appointed on the 18'^ of April last to take a View of the 
Town of Roxbury, and Consider of a line for dividing the two precincts 
therein, have Repaired to said Town (the Agents for said two precincts 
being first Notified of the time of our coming,) and having carefully 
Viewed the same and Considered the Situation and Circumstances of 
each precinct, and heard the partys thereon, are Upon the whole of 
Opinion that a line Runing from the Centre of that particular Spot 
of Ground on which Jamaica School house formerly Stood, and Ex- 
tending thence in a Course South 50 Deg. East to Dorchester bounds, 
and from the Centre of said Spot of Ground on which the Schoolhouse 
Stood, Ruiiing to the most Easterly part or Corner of the School land 
next to the Country Road, then to follow the line dividing said School 
land from Cap' Caleb Lymans Land so far as said Lands do Extend 
contiguous to each other, and from thence to Run in a Strait Course 
50 Deg West to Brooklyn, be the Divisional line between the said two 
precincts and be Settled and Established as such and that the Inhabi- 
tants and Estates on Either side of said line be Subject to the Charge 
of Supporting the Ministry & other precinct Charges in that precinct, 
only where they dwell or are Situated. 

which is humbly Submitted by Order of the Com'^'' 

EzEK^ Lewis 

Read & Accepted & 

Ordered that the line between the two precincts in Roxbury be Set- 
tled and Established Accordingly. \_Passed December 31. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 203 



CHAPTER 180. 

ORDER FOR ADJOURN^ HAMPSHIRE COUNTY COURTS. 

Whereas the Court of Geueral Sessions of the Peace and Inferiour Legislative 
Court of Common pleas for the County of Hampshire, which were by councif, xvL^^ 

Law to be held and kept at Northampton in and for the said County, "^^ 

on the first Tuesday of December Instant, Stand Adjourned to the first House Jour- 
Tuesday of January next, by Order of the Justices of the said Courts, prov'iiice' 
aud then to be held at Northampton within and for the said County ; Laws, i., 367, 
And Whereas Some of the Justices of the said Courts & others therein 
concerned are Members of the General Court now assembled and which 
doubtless will Continue Sitting till the said first Tuesday of January 
next. It is therefore 

Voted & 

Ordered by this Court aud the Authority thereof, that the said Court 
of Geueral Sessions of the peace and Inferiour Court of Common pleas 
be and hereby are further Adjourned to the third Tuesday of Jan- 
uary next; then to be held and kept at Northampton, in aud for the 
County of Hampshire aforesaid ; Provided that all writs. Suits, Plaints, 
pi'ocesses. Appeals, Reviews, Recognizances, or any other Matters or 
things, which had day before the said Courts, or Either of them, at 
the time by Law Appointed for their being held & kept on the first 
Tuesday of this Instant december, or Since by the Adjourn' of the 
Same by Order of the said Justices, then to be held at North Hamp- 
ton aforesaid in and for the Count}' of Hampshire abovesaid, may and 
shall have day in the Sitting of the said Courts or Either of them at 
North haiiiptou in the County of Hampshire on the Adjournment thereof 
to the third Tuesday of January next as aforesaid ; and then to be heard 
and proceeded on, as if the Courts had been held & kept at Northamp- 
ton aforesaid for the County of Hampshire aforesaid, on the first Tues- 
day of December Currant aforesaid ; And the Sheriff of the said County 
of Hampshire his Under Sheriff & deputy be and hereby are directed 
and Strictly Required on Sight hereof to publish this order of Adjourn- 
ment under the hand & Seal of the said Sheriff his Under Sheriff or 
Deputy, by posting up Copys thereof One at the Court house in Spring- 
field in said County, Another Copy thereof in Some publick place in 
North hampton aforesaid, that the Justices of the said Courts & all 
other person therein concerned may conform to the said Adjournment 
to the said third tuesday in Janry Accordingly. [^Passed December 31. 



CHAPTEE 181. 

ORDER APPOINTING A COMMITTEE TO DIVIDE THE ESTATE OF BEN- 
JAMIN CHURCH. 

A PETITION of Charles Church Esq"^ of Bristol, Shewing that whereas Legislative 
this Court were pleased to Grant to the heirs of his Father CoP Beuj" coundf.xvi!!^ 

Church five hundred Acres of land, those of them that are of Age can 252^ 

Receive no benefit by the said Grant, because that the Children of his House Jour- 
Bro"^ Constant Church, who are Minors Neglect, or Refuse to Chuse ^nte,'^.\u. 
Guardians to Act for them in the division thereof that the Pef Applied chap. 19. 
to the Sup"^ Court for a division, but could not obtain it by Reason 
of the Defect aforesaid ; And therefore praying that the Court would 
appoint five Freeholders to divide the said land. 



204 



Province Laws {Resolves, etc. ) . — 1735-36. [Chap. 182.] 



Eead & in Answer to this petition, 

Ordered that the Judge of Probate of Wills for the County of Bristol 
be & hereby is fully impowred, «fe directed, to Appoint five Freeholders 
Inhabitants in and of the County of Bristol, to make a Partition or divi- 
sion of the said five hundred Acres of land, to a nd A mong the heirs & 
Legal Represent of the said Benj'' Church Esq"" deced, in proportion to 
their Respective Interests According to Quantity & Qualit}? the said Par- 
tition to be made by the said five Freeholders on Oath (or the Maj'^ part 
of them) Return thereof to be made & Recorded as well in the Register 
of probates office, as the Register of Deeds office for the County of Bris- 
tol ; which partition or division made in manner as aforesaid Shall be valid 
& Effectual to all Intents & purposes in the Law whatsoever. [Passed 
December 31. 



Legislative 
Records of the 
Council, xvi., 
253. 

Boston News 
Letter, No. 
1663, December 
25, 1735, to 
January 1. 
House Jour- 
nal, pp. 161, 166. 



CHAPTER 182. 

VOTE REQUESTING THE GOVERNOR TO ISSUE A PROCLAMATION AND 
OFFERING A REWARD OF £100 FOR THE ARREST OF PERSONS COM- 
MITTING AN ASSAULT. 

A Petition of John Peagram Esq'' Survey'' General of his Majestys 
Customs, (directed to his Excellency) ShcMing that John Blackburn 
Tidewaiter of the Port of Boston, having on the Ninth Instant Seized 
a Quantity of Foreign Molasses imported contrary to Act of Paliament, 
was on the thirteenth Instant, at Midnight, called out of his Bed on pre- 
tence of an Information of an other quantity of Molasses landed in Bos- 
ton, and after he was decoyed into the Streets, was Cruelly beaten and 
Abused by one man, Armed with a back sword, and others with Clubs ; 
that the Pilot that Carried the said Blackburn into the Harbour where 
the first mentioned Molasses was Seized, was about the Same time by 
Some evil minded persons threatened, & greivously wounded in the 
head ; That a Cable and Anchor taken up as a derelict by the Officers 
of the Customs was Stolen out of the ware house where it lay ; And 
the Custom house Boat was taken away in the Night & either Sunk or 
turned adrift ; Praying that proper Methods may be taken for brings 
the persons to Justice 

Which Petition his Excellency laid before the Court for consideration 
Read and the house taking in consideration the bold Assault within men- 
tioned, And that due Testimony be born Against such pi'oceedings ; 

Voted that his Excellency be desired to issue forth a Proclamation, 
with the Advice & Consent of his Majestys Council, for apprehend^ 
the offenders within mentioned, and bringing them to Justice; And 
for the encouragement of all other persons herein, that a Reward of 
One hundred pounds be & hereby is granted & allowed to be paid 
out of the publick Treasury to the person or persons that shall Appre- 
hend and Convict the offenders, within mentioned of the said Assault.^ 
\_Passed * December 31 . 

' The Boston News Letter, No. 1663, December 25, 1735, to January 1, 1736, after 
referring to tlie assault, supra, goes on to say, " Hfs Excellency has therefore thought 
fit with the advice and consent of his Majestys Council and the desire of the Repre- 
sentatives, to issue a proclamation commanding His Majestys Officers to do their duty 
in endeavoring to detect the persons committing the assult, and for their encouragement 
offering a reward of £100." 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 205 

CHAPTER 183. 

ORDER ALLOWING THE TREASURERS ACCO^ OF INDIAN TRADE. 

An Accompt pi-eseuted by Jeremiah Allen Esq'' of the Trade with r®^'®'^"'^^!^ 
the Indians from the end of May 1734 to the End of May 1735. Council, xvi., 

Read & '^^ 

Ordered that the Acco' be allowed the ballance whereof being fifteen ^ °i"®® i^^^- 
thousand three hundred & thirty pounds nineteen shillings &. five pence 
M' Treasurer is further to accompt for. \_Passed December 31. 



CHAPTER 184. 

VOTE ACCEPTING THE REPORT ON THE SALEM AFFAIR ABOUT A 

MINISTER. 

The Com'^^^ Appointed to Repair to Salem on the petition of Benja- Legislative 
min Lynde juu'' Esq"" and others, a Com"''' of the first Parish in Salem, cmmcif xvi^^ 
in behalf of said Parish, Setting forth the Difflcultys they labour under, ^.m. 
as by said petition Appears, as also the Answers of M"^ Samuel Fisk & House Jour- 
also of M' James Ruck Nath' Osgood Timothy Pickering and John Coles, ^^il'iU'^^Ante' 
and also of a Considerable number of other persons belonging to the said p- ioi.chap. 
Parish, being M'' Fisk's Adherents, and to hear the partys thereon, view chap: iis. ' 
the Distance between the Meeting house in said Parish & the place pro- 
posed by the Respondents for erecting a New Meeting house on, & con- 
sider and Report what may be proper for the Court to do thereon ; Having 
duly Notified the partys, did publickly Attend that Service in the Town 
house there, on the Eighth Ninth & tenth days of this Instant Decem- 
ber ; when the partys Appeared but M'' Fisk Refused to Support his 
Answer to the petition because the Com'*"" had not directed the Notifi- 
cation to hi in as Pastor of the first Church of Christ in Salem, as did 
also Mess" James Rack, Nath^ Osgood, Timothy Pickering, & John 
Coles because they were not Notified as a Com""' of the first Church 
of Christ in Salem And altho they were informed by the Com'^" that 
in Supporting their Answer they might call themselves Pastor & Com'"*' 
of said Church, Yet they tho often Urged thereto absolutly declined so 
doing, unless the Com'"^ would Alter the Stile of the Notification and 
thereby Acknowledge them as such ; but as they were a part of the pet" 
of the parish, they witJi others did not Refuse to Support that Answer 
and desired M"^ Fisk might Speak for them which he did ; In which was 
couched Sundry things contained in the other Answers, and thereby 
they Virtually endeavoured to Support those Answers ; And the partys 
being fully heard thereon, the Com'"" are of Opinion that the Pet" have 
fully Supported their petition, as to the principal and jMaterial Matters 
therein contained ; and that the pet" and others their Adherents of the 
first Parish and Church of Salem have long laboured under manj^ great 
and greivous difflcultys. Occasioned by the ^Extraordinary and Arbitrary 
pi'oceedings and male Conduct of M"" Samuel Fisk, their late Pastor : It 
also Appears to the Com'"" that the Aggreived Brethren of the said Church 
have used due & proper means for Accomodating the Unhappy differ- 
ences Among them, viz' between them and the said M"' Fisk ; which fail- 
ing of the desired Success, a majority of the Brethren of the said Church, 
Agreeable to a Vote of the Parish, desiring the Same, did on the Eigh- 
teenth day of April last past Dismiss the said M"" Fisk from the Pastoral 
ofl3ce Among them, as far as they could ; Which we Apprehend is Agree- 



206 



Province Laws {Resolves, etc.). — 1735-36. [Chap. 185.] 



able to an Explanatory Resolve of the Great and General Court of the 
Sixteenth of said April. We have also Measured the distance between 
the present Meeting house and the place where the Respondents have 
latly Erected a Frame of a meeting house, and find it to be twelve perch 
and Eleven foot, yet we Apprehend they are not so distant as to be free 
from Interrupting One Another in time of divine Service at all times ; 
And the said M'^ Fisk and his Adherents Remaining Obstinate as to 
the Accepting of Reasonable Terms of Accomodation or Reconcila- 
tion, which were made to them before the Com'^'^ that the Pet"^* should 
take the Frame and land whereon it Stands, as the same shall be Ap- 
praized by Indifferent men and procure for M"^ Fisk &, his Adherents 
a Suitable peice of Land to Erect a meeting house on of M"' James Lin- 
dall, which was formerly M"" Curwins, as the Same Shall be apprized 
by Indifferent men, which is about forty Seven perch distant, as the 
Streets go from the Frame, which place we are of Opinion will full as 
well if not better Accomodate them for Erecting a Meeting house on 
as the place where the frame now Stands 

The Com'^^ therefore further Report as their Opinion, that M"' Fisk 
& his Adherents be prohibited from finishing the present frame for 
& using it as a Meeting house in the place where it now stands ; for 
should the same Frame be finished & Used as a meeting house there, 
we can't but Apprehend it would have a direct Tendency to perpetu- 
ate the Unhapp}' dift'erences arisen and Still Remaining in said Parish; 
And further, in Case M"" Fisk &, his Adherents shall not within two 
Months Comply with the aforesaid Offer, or with other proposals under 
the hands of the pef^ herewith Exhibited ; (which were delivered to the 
Com'"'' after M"" Fisk and his Adherents were withdrawn) that then they 
be Strictly prohibited from Erecting any house for the publick AVorship 
of God within Forty perch of the present Meeting house in said Parish ; 
And the Com"''' further Report as their Opinion that the pef^ and there 
Adherents Inhabitants, of said Paiish be freed from paying anything 
towards M'' Fisks Salary, or Support from the time of his dismission 
on the 18 of April aforesaid to this time and for the future all which 
is humbly Submitted 

By Order of the Com""" Mel : Bourn 

Read «fc 

Voted that this Report be Accepted to all Intents &, purposes what- 
soever and Especially that all further proceedings in ord"" to finish the 
building a New Meeting house where the Frame is now Erected be 
Strictly forbidden Accordingly'. \_Passed January 1. 



CHAPTER 185 



ORDER ALLOWING £20. 3. 5 TO JOHN QUINCEY ESQ= AND A FURTHER 

SUM OF £30. 



Legislative 
Records of the 
Council, xvi., 
2o5. 

House Jour- 
nal, p. 177. 



An Accompt presented by^ John Quincey Esq"^ Trustee for the Indians 
of Puncapaug of the Improvement of the said Indians money & dis- 
bursm" for them from Decem"" 1732 to this time Read & Accepted 

And thereupon 

Ordered that the ballauce of this Acco' being Twenty pounds three 
shillings & fivepence, be allowed & paid to the Accomptant out of the 
Interest money which he may Receive ; & further that the Sum of thirty 
pounds be Allowed & paid to the Accomp' for his time & trouble in 
taking Care of the Indians for the three last years out of the Interest, 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 207 

as he shall hereafter Receive it ; And that the said Trustee be also Ac- 
countable for the Capital sum being Seven hundred & Sixteen pounds 
three shillings & Six pence. [^Passed January 1. 



CHAPTER 186. 

VOTE ACCEPTING THE REPORT ON THE PETITION OF HAB. SAVAGE 
ESQ" & OTHERS IN REGARD TO SETTLEMENT OF AN ESTATE. 

A •Petition of Habijah Savage, Faith Savage, Samuel Butler, & R®^*®|f*^'^f tu 
others Shewing that their Bro" Henry Phillips dyed Seized of a con- council, xvi., 

siderable Real Estate, Which the Judge of Probate for the County '^^-' '^^^' 

of Suffolk by his Order of the 15"^ May 1733 distributed Among his ^a°,"f,'\°o3'^io4 
Mother Bro"" & Sisters from which Order Gillam Phillips P^sq' Brother lai.' Province' 
of the deceased, appealed to the Gov"" and Council who after hearing, Jifapf'ie.'' ^^^' 
Confirmed the Same and thereupon the said Gillam Phillips Claimed 
his Appeal to the King and Council, which was disallowed Upon which 
he Complained to his Majesty in Council and pray'd to be Allowed his 
Appeal which his Majesty has Accordingly Granted ; And for as much 
as the Province is deeply concerned in the Event of this affair, as the 
said Order of the Judge of Probate is founded on the Laws of this 
province by which all the Intestate Estates of this Province are Set- 
tled, Therefore praying the Court to give Orders to their Agent Re- 
specting that Law at the hearing of the said Appeal in such manner 
as may be tho't meet. 

The Com''''' on the Petition of Habijah Savage Esq"" & others made 
Report thereon which was Read and Accepted by both houses and 
Signed by the Governour. [Passed January 1. 



CHAPTER 187. 

ORDi' REFERRING THE PETITION OF DORO: SALTONSTALLS EXORS. 

On the Petition of Thomas Hutchinson Esq'' & others Executors Legislative 
of Dorothy Saltonstall deced [ante, p. 161, chap. 80] Comidf.xvilr 

In Council Read together with the Answer of William & John Kirk- 2f>6- 



wood and House Jour- 

Ordered That Thomas Cushing and Anthony Stoddard Esq"' with such j^,lie,'^f%i, 
as shall be Joined by the Hon''^'' House of Represent* be a Com"'* to ciiap! so. 
hear the partys to this petition, and to Receive and Adjust the Ac - 
compts, as well of the Debts of William Thornbury within named deed, 
above the amount of his personal Estate and the Disbursements made 
by Israel How for Repairing and improving the Real Estates by him 
purchased, as also the Rents and profits of the Real Estates Since the 
decease of the widow of the said Thornbury ; and make Report of the 
State & Ballance of the said Accompts as soon as may be that so this 
Court may proceed further in the Affair In the House of Repre- 

sent'^ Read & 

Ordered that this petition with the last vote of the Hon*''" Board 
thereon be Referred to the next Sitting of the Court for further con- 
sideration, that the Respondents in the mean time may have the opper- 
tuuity of procuring the Security to the pef' and the pet" entring into 



208 



Province Laws (i?esoZves,ete.). — 1735-36. [Chaps. 188-190.] 



the Recognizance or Bonds by the Respondents proposed to be come 
into in their Answer 

In Council Read & Concurr'd. \_Passed January 2. 



CHAPTER 188. 



VOTE IMPOWERING JOHN QUINCY ESQ^ TO SURVEY AND LAY OUT 500 

ACRES OF LAND. 



Legislative 
Records of ttie 
Council, xiv., 
256. 

House Jour- 
nal, p. 188. 



Voted that Five hundred Acres of the Unappropriated Lands of the 
Province be Given and Granted to the Hon''''' John Quincey Esq*^ Speaker 
of the House in consideration of his constant Application in giving dis- 
patch to the Publick Affairs of the Province for divers Years last past ; 
and that he be Allowed and Impowred by a Survey" & Chainmen on 
Oath to Survey and lay out the Same, and Return a plat thereof to 
this Court within twelve Months for Confirmation, to him his heirs 
and assignes ; the Lands to be laid out so as not to prejudice the 
Settlement of a Township. \_Passed January 2. 



Legislative 
Records of the 
Council, xvi., 
257. 

Legislative 
Records of the 
Council, xvi., 
209. House 
Journal, p. 183. 



CHAPTEE 189. 

ORDER ALLOWING £600 TO THE GOVERNS 

Ordered that the Sum of Six hundred pounds be allowed and paid 
out of the publick Treasury to his Excellency Jonathan Belcher Esq"" 
Cap' General and Governour in Chief in and over his Majestys Prov- 
ince of the Massachusetts Bay in New England,^ in consideration of 
his Excellencys extraordinary Services in the Year Currant more Espe- 
cially in his Journeying to the Western Frontiers and in the Conference 
his Excellency lafcly had there with the Cagnawaga and other Indians. 
\^Passed January 2. 



CHAPTER 190. 



ORDER IMPOWERING JON^ & ISAAC PEGAN TO SELL REAL ESTATE. 



Legislative 
Records of the 
Council, xvi., 
257. 

House Jour- 
nal, pp. 186, 187. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Jonathan & Isaac Pogan- for themselves and the Rest 
of the Children of Samuel Pegan late of Dudley Indian deced, Shewing 
that their said Father hath left them a Competency of lands in said place 
for their Settlement, but has left considerable debts on his Estate ; and 
for as much as he had a Lot of about Sixty two Acres of Land in Natick, 
which is under no Improvement; Therefore praying for leave from this 
Court for Selling the said Land 

Read & 

Ordered that the prayer of the petition be Granted, and that the pet" 
are allowed and impowred to make sale of the Lands in Natick within 
mentioned for the Most the same will fetch, giving & Executing a good 
Deed or Deeds of Sale and Conveyance thereof in due form of Law ; And 
the Hon''''' Edward Goddard Esq' and Francis Fullam Esq'' or Either of 

> The three words " in New England" are underlined in Secretary's copy, Legislative 
Records of the Council, xvi., 257. 

•^ "Pegan," in State Library copy, Legislative Records of the Council, xvi., 257, and 
the House Journal, p. 186 ; the House Journal adds " SamueV to the petitioners. 



[1st Sess.] Province Laws (Resolves, etc.). — 1735-36. 209 

them are desired & Impoured to Assist the pet" in the Sale of the prem- 
isses, and See they have Justice done them therein ; In the proceedure 
thereof, the pet'' are Required to Observe the Rules and directions of 
the Act of this ])rovince of the Sixth Year of His late Majesty King 
George Chap. 3'^ the proceeds whereof to be by them Remitted to the 
Hon'"''^ John Chandler Escf & W" Lyon both of AVoodstock ; & they & 
each of them are hereby impoured & directed out of the proceeds of 
the premisses to pay & discharge the pet" Fathers Just debts, And the 
Remainder thereof if any there be to be by them or Either of them Ap- 
plied for the Relief & Support of the Pet" & their f amilys, in the Most 
prudent manner, as their occasions may hereafter call for or Require. 
l^Passed January 2. 



CHAPTER 191. 

VOTE GRANTING 1,000 ACRES OF LAND TO GOV' BELCHER. 

Voted Unanimously that one Thousand Acres of the Unappropriated Legislative 

Records of the 

Lands of the Province be & hereby is Given & Granted to his Excel- council, xvi., 
lency Jonathan Belcher Esq"" Cap' Gen' & Gov'" in Chief in & over his ^ 



Majestys Province of the Massachusetts Bay his heirs and assignes in House Jour- 
consideration of the Services of his late Brother M'^ Andrew Belcher ' 
deed in the Canada Expedition Anno 1 690 ; and that his Excellency 
Return a plat thereof to this Court within twelve Months for Confirma- 
tion ; The Land to be laid out so as not to prejudice the Settlement of 
a Township. [Passed Jamiary 2. 



CHAPTER 192. 

VOTE REVIVING THE ORDER ON JOHN QUICKSETTS PETITION IN RE- 
GARD TO TRESPASS ON LAND. 

On the Petition of John Quickset & John Thomas of Pembroke Legislative 
Indians and the Order of the Court thereon [ante, p. 169, chap. 99] counctf xvi*^^ 

Voted that the Order on this petition be Revived and that the Com'^^ 258. 
therein named Report to this Court at their next Sitting what they Judge House Jour- 
proper to be done thereon. [Passed January 2. ^nlF' ^^69 

chap. 99. 



CHAPTER 193. 

VOTE ACCEPTING THE DRAUGHT OF A LETTER TO AGENT WILKS ON 
JOHN FROSTS PETITION. 

A Petition of John Frost of Berwick in the County of York, Shew- Legislative 
ing that at the Inferiour Court of Common pleas held at York in said comicif xvi^^ 
County in April 1733, he brought his Action of Trespass Against Wil- •239,208.'" 



of the 
vi., 



Ham Leighton of Kittery for Entring into five hundred and twenty Acres Legislative 
of land in Berwick aforesaid, and Cutting down Sundry pinetrees, Beach comfcif xv.. 
Trees &c, and haling them away to his damage two hundred pounds, 240,243,250. 
that he Obtained Judgment in his favour both at the Inferiour and Supe- na°iypp! ismsCi 
riour Courts ; Whereupon the said Leighton Moved the Superiour Court ^"^' ^®^' 
to be Allowed An Appeal to the King in Council, which was denyed, 



210 



Province Laws (i?eso/yes, ei!c. ) . — 1735-36. [Chaps. 194,195.] 



him, and thereupon by Assistance of M'' Samuel Waldo his Employer, 
and Agent for Ralph Gulstoue Esq"" (who has Contracted to Supply the 
Royall navy with masts) he petitioned to his Majesty for an Appeal, 
which is Accordingly Allowed ; And for as much as the pef is Unable 
to bear the Charge of Defending his Cause on the said Appeal, And 
the matter Greatly affects the priviledges of the people of this prov- 
ince, & more Especially concerns the Interest & property of the people 
in the Eastern parts, in the Consequence thereof ; Therefore prating 
that this Court would Undertake the Defence of his Cause, or give him 
Such assistance & Relief therein as in their Wisdom they shall Judge fit. 
The Com'^*' on the petition of John Frost Reported the Draught of a 
Letter to M" Agent Wilks on that Subject ; which was Read & Accepted 
by both Houses and Signed by the Governour. [Passed January 3. 



CHAPTER 194. 



VOTE ACCEPTING THE DRAUGHT OF A LETTER TO AGENT AVILKS 
RICHARD SPRAGUES PETITION. 



ON 



Legislative 
Becords of the 
Council, xvi., 
213, 258. 

House Jour- 
nal, pp. 137, 192. 



A Petition of Richard Sprague late Constable of Medford in the 
County of Middlesex Shewing that in the Year 1733, Mathew Ellis 
of said Town was assessed Forty Shillings, as his part of a Tax for 
the Support of the Minister there ; which the said Ellis Refusing to 
pay, the Memorialist, Agreeable to his Warrant, Committed him to 
his Majestys Goal in said County ; Whereupon the said Ellis brought 
his Action of Assault Against the Memorialist, charging his damage 
at three hundred pounds Sterling ; in which Action he was Cast in 
the Inf and Superiour Courts ; Upon which he Claimed his Appeal 
to his Majesty iu Council, which the Judges thought him not Enti- 
tled to ; But upon their denyal the said Ellis, Applying to his Maj- 
esty, Obtained his Order in Council for the hearing of his Appeal ; 
and the Memorialist is Accordingl}' Notified to Answer it ; And for 
as much as the Memorialist has done nothing in this Affair but in 
obedience to the Laws of this Province ; Therefore praying that he 
may be freed from any further Trouble and Charge in the Affair or 
otherwise Releived. 

The Com'*"" on the petition of Richard Sprague Reported the Draught 
of a Letter to M"^ Agent Wilks on that Subject which was Read & 
Accepted in both Houses and Signed by the Governour. [_Passed 
January 3. 



CHAPTER 195. 

ORDER ACCEPTING THE COMMITTEES REPORT ON THE PET^' OF THE 

so w'^ INH^s OF DEDHAM. 



Legislative 
Records of the 
Council, xvi., 
259. 

House Jour- 
nal, pp. 159, 185, 
191, 192. 



Isaac Lothrop Esq^ from the Com"'^ on the petition of Joseph Rich- 
ards & others ^ of Dedham gave in the following Report viz' 

Upon the petition of Sundry of the Inhabitants of the Town of Ded- 
ham, the Com''^^ Report as followeth viz' That having Maturely consid- 

> "Inhabitants oi Dedham, at a place called the Clabhoard-Trees, with Joseph Colburn, 
Ephraim Colburn, Samuel Colbuni, and Stephen Gay, praying they may be set off with 
their Estates in Dedham from paying any Ministerial Charge to the first Parish in Ded- 
ham. ; the Petitioners having gathered and embodied a Church among themselves, and 
installed the Reverend Mr. Josiah Dwight over them, and also chosen other Church OiR- 
cers &c." — House Journal, p. 159. 



[1st Sess.] Province Laavs (Mesolves, etc.). — 1735-36. 211 

ei'ed the said petition, together with the answer of the first Parish in 
Dedham, and having fully heard the partys thereon, the Com'*''' are hum- 
bly of Opinion, that it is most Adviseable that the prayer of the petition 
be so far Granted, as that the pet" with their Polls and Estates in ded- 
ham be freed and Discharged from any Ministerial Taxes or Charges 
for or towards the Support of the Ministry in the first Parish in Dedham ; 
that may at any time hereafter arise during such time or term as the 
pet" shall continue to uphold the publick Worship of God, and main- 
tain an Able & orthodox Minister Amongst themselves (A?) P^xcept- 
ing the payment of their proportion to the last Ministerial Tax Granted 
in the said Parish and Dedham all which is humbly Submitted 

In behalf of the Com'"*' Is* Lothrop 

In Council Read & 

Ordered that tijis Report be Accepted. 

In the House of Represent"^ Read & Concurr'd with the Amendm' 
at A? And that the Pet" are hereby Strictly forbidden for the future 
during the said Term from Voting or any ways intermeddling or con- 
cerning themselves in any Vote or Tax that shall be Granted in the 
first parish wherein the Charge or Support of the Ministry may be any 
ways affected 

In Council Read & Concurr'd. \_Passed January 6. 



CHAPTER 196. 

ORDER IMPOWERING THE ASSESSORS OF THE TOWN OF BIDDEFORD 
TO LEVY AND COLLECT A TAX OF ONE PENNY PER ACRE ON LAND. 

A Petition of M"" Samuel Willard Minister of the Town of Bidde- Legislative 
ford, Shewing that by Reason of the poverty of the people there, and coundf xvi*.^*' 

the dearness of Provisions he is so ill Supported as to be frequently 25iK 

in Want of the Necessarys of life for which he is obliged to Run in House Jonr- 
Debt And forasmuch as there are Considera])le Tracts of Land in said i»i.pp-19<'>^91- 
Town belonging to the Nonresident Proprietors, which Rise in their 
Value by Reason of the Ministrys being Settled there ; Therefore pray- 
ing that the said Nonresidents Lands may be Taxed at one penny p 
Acre p Annum for three Years for the pet" Support in the Ministry. 

Read & 

Ordered that the prayer of the petition be Granted, and that the 
Lands of the Nonresident Proprietors of the said Town of Biddeford 
be and hereby are Subject to a Tax of one penny ^ Acre <g? annum, 
for the Space of three Years next coming, to be Levied and Assessed 
as an Additional Tax, and to be Applied and paid to the s"* Samuel 
AVillard, for his better Support in the Work of the Ministry there ; 
And the Assessors are hereby Impowred and Required to levy the 
said Assesment on the said Nonresident Proprietors, And the Con- 
stables and Collectors of the said Town, for and during the said term, 
are also hereby directed and Required to Collect & pay in the Sum of 
the said Tax which shall from time to time be corhitted to them with 
Warr' to collect & pay in the same to the said Rev*^ M' Samuel Willard 
as an additional Tax for his better Support in the Ministerial Work at 
Biddeford And the said Lands are Accordingly Subjected to the pay- 
ment thereof for the use aforesaid in Case of failure of payment by 
the said Nonresident Proprietors. \^Passed January 6. 



212 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 197, 198.] 



CHAPTEK 197. 



Legislative 
Records of the 
Council, xvi., 
260. 

House Jour- 
nal, pp. 180, 181. 



ORDER GRANTING TO THO^ CHANDLER 70 ACRES OF LAND. 

A PETITION of Thomas Chandler of Auclover, Praying he may Obtain 
a Grant of a Small peiee of Land in Methuen, of about Sixty Acres 
bounding Southerly on Sergents Farm, AVesterly on Dracut line. East- 
erly on Greens farm, Whereon to Settle one of his Sons ; Read and 

Ordered that the Prayer of the petition be Granted, and the said 
Tract of Land (provided it exceeds not the quantity of Seventy Acres) 
is Accordingly given and granted to the said Thomas Chandler his heirs 
and assignes, and that he Return a plat thereof to this Court within 
twelve Months for Confirmation ; Provided he his heirs or assignes do 
within three years from the Confirmation of the Plat break up and Clear 
& fit for Mowing & plowing five Acres of the Granted premisses, well 
inclosing the same, and also within the said Term build a Convenient 
Dwelling house of Eighteen feet Square and Seven feet Stud, at the 
least, and have a family Actually dwelling therein ; Provided also the 
plat exceeds not the quantity of Seventy Acres of Land and does not 
interfere with any former Grant. [^Passed January 6. 



Legislative 
Records of the 
Council, xvi., 
260. 

House .Jour- 
nal, pp. 181,197. 
Ante, p. 97, 
chap. 210. 



CHAPTER 198. 

VOTE APPOINTING A COMMITTEE ON THE HOUSATANOCK AFFAIR AND 
EXTENDING THE TIME OF THE UPPER HOUSATANUCK COMMITTEE. 

Voted that John Stoddard Ebenezer Pomroy and Thomas Ingersol 
Esq" be a Com'*'*' of this Court, hereby Appointed and impowred to 
Repair to Housatonock, to know the Minds of the Indians, Respect- 
ing any particular Tract of Land, on which they be inclined to Settle ; 
And Whereas it is probable that the Interval land on Housatanock 
River above the Mountain will be most Agreeable to them, and whereas 
the same belongs to Certain Proprietors of Upper Housatanock, who 
may be likly to Exchange the Same for an Equivalent of the Unappro- 
priated Lands adjoining to the said Upper Housatanock or near there- 
unto, That therefore, the Com"^'' be directed to Consult with the said 
Indians and Proprietors Respecting the premisses, and make Report 
to this Court what they think proper for this Court to do thereon That 
whereas the Com'*""^ time for the Upper Housatanock will Terminate in 
June next, and it being questionable, whether the Com'*"^ with Respect 
to Accomodating the Housatonuck Indians, in their Religious affairs, 
can Accomplish the same by that time without Injury or wrong to the 
proprietors, or exposing the Province to much more charge, by the 
Proprietors being Obliged to build an House on their Land ; Which 
if the Indians Obtain that Charge will be finally lost either by the Pro- 
prietors or by the Province Therefore 

Voted That the Com"^''^ Time for the Upper Housatanock be lengthened 
out or Continued for One Year longer after the twenty Second day of 
June next. \^Passed January 6. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 213 



CHAPTER 199. 

ORDER FOR MAKING £4,000 IN BILLS OF CREDIT. 

Ordered that the Committee of this Court for Signing the Bills of Ref„r^g*of ^i^g 
Publick Credit be iuiponred and directed to Imprint and Sign four council, xvL, 

Thousand pounds, as soon as may be in Bills of Credit on this province '^ 

viz' Two Thousand pounds part thereof, from the plate of the Middle ^^^^^ "^x^'ioi 
Denomination, and two Thousand pounds the Remainder thereof from 202.' Province' 
the plate of tbe lowest Denomination, and deliver the same to the Treas- ^^^^p^'ivY.' ^'^^' 
urer of this province, to be Exchanged for Torn & Defaced Bills, to be ^nte, p. 171, 
burnt and Consumed to Ashes; And that the said Committee take a p.i85,chap. 
Receipt of IVP Treasurer for the said New Bills, when delivered in, and i"^**- 
to be paid for their Service as the Committees have heretofore been 
paid for the like Services ; the Bills to be Signed in Boston ; and the 
Com'*'*' are further Impoured and directed to take Effectual Care that 
four Thousand pounds of the Bills of Credit in the Treasury, Rendred 
unfit for further Service by being torn and Defaced be burnt & Con- 
sumed to ashes in their Sight ; and that thereupon they give the Treas- 
urer a Receipt therefor. \_Passed January 6. 



CHAPTER 200. 

ORDER ON THE PETITION OF EBEN« HUNT FOR LAYING OUT A TOWN. 

On the petition of Ebenezer Hunt & others [_ante, p. 181, chap. 132] Legislative 
In the House of Represent" Read & Councif, xvi., 

Voted that M'" Speaker Quincey and Cap* Adam Cushing, with Such '^ . 

as the Hon''''^ Board shall Appoint, be a Com"''* to lay out the Township House Jour- 
Granted to Ebenezer Hunt and others, officers and Soldiers in the Can- Ante, p. isi, 
ada Expedition Anno 1690, As Entred the third Ult. to all Intents and ^i^ap. 132. 
purposes, and in manner and form Agreeable to the Vote for Granting 
said Township 

In Council Read & Concurr'd and Edmund Quincey Esq" is Joined 
in the affair. \_Passed January 6. 



CHAPTER 201. 

ORDER OF NOTICE ON THE PETITION OF BARRINGTON & REHOBOTH 
IN REGARD TO REBUILDING MILES'S BRIDGE. 

A Petition of Thomas Bowen and Sundry others. Inhabitants of the Legislative 
Towns of Rehoboth and Barriugton, Shewing that the Bridge Commonly Councif xvi^^ 
called Miles's Bridge over the River that Runs between the Towns of 26i. 
Swansey & Barrington being down and the said Towns being presented House Jour. 
for the same at the Quarter Sessions for the County of Bristol, the said °''^'' p- ^^"^• 
Court Ordered that it should be Rebuilt by said Towns viz' Swansey two 
thirds and Barrington One third that the said Town of Barrington is 
Ready to do their part but the Inhabit'^ of Swanzey Refuse upon pre- 
tence the said Court had no power to make such order ; And therefore 
praying that this Court would give Order for the building of the said 
Bridge 

Read & 



214 



Province Laws {Resolves, etc. ) . — 1735-36. [Chaps. 202, 203.] 



Ordered that the pet" Cause the Town of Swansey to be Served with 
a Copy of the petition, that they Shew Cause if any they have on the 
first Tuesday of the next Sitting of the Court, why the prayer thereof 
should not be Granted. \_Passed January 6. 



CHAPTER 202. 

ORDER CONFIRMING A PLAT OF 1,000 ACRES OF LAND TO GOV 

BELCHER. 



Legislative 
Records of the 
Council, xvi., 
•262. Maps and 
Plans, Mis., 
X., 7. 

Maps and 
Plans, Mis., 
X., 7. House 
Journal, p. 196. 
Ante, p. 209, 
chap. 191. 



Two PLATS of Land on Connecticutt River, laid out by Ebenezer 
Hinsdale and Chainmen on Oath, containing in the Whole One Thou- 
sand Acres, intended for the fulfilling a Grant made by this Court in 
the Year 1734 to His Excellency Jonathan Belcher Esq"^ The larger 
Tract Containing Six hundred Acres and begining at two butter Nut- 
trees Marked iB and Standing on Connecticutt River at the lower 
end of the third Interval Meadow on the Elast Side of the River from 
Cold River ; thence East One hundred & thirty four perch to a Corner, 
thence North four hundred and Seventy perch to Another Corner, then 
West Ninety five perch to a Butter Nutt Tree Marked i B on the Bank 
of the River and from thence down along the River to the Butter Nutt 
Tree where it began 

The other part containing four hundred Acres lying Opposite to the 
former & begining at two White pine Trees Marked i B, about One 
hundred and thirty perch above the Brook in the lower part of the 
Second Interval Meadow on the West side of the River, below the 
Great Falls ; thence West two hundred and twenty perch to a Corner, 
thence East 13° ; 30 North, two hundred & Seventy perch to a pitch pine 
tree on the bank of a River, thence up the River to the place first men- 
tioned The Courses being taken by the Needle. 

Read & 

Ordered that these plats be & hereby are Accepted «fc the Lands 
therein delineated & described and lying on each Side of Connecticut 
River be & are hereby Confirmed to His Excellency Jonathan Belcher 
Esq"^ Cap' General & Governour in Chief in & over His Majestys prov- 
ince of the Mass" Bay, and to his heirs & assigns for Ever in satisfac- 
tion of a Grant of this Court in their present Sitting of One thousand 
Acres of Land made to his Excellency for the service of his Brother M' 
Andrew Belcher dec*^ in the Canada Expedition Anno 1690, provided 
the plats exceed not the quantity of One thousand Acres of Land which 
lie on Each side of Connecticut River. & does not interfere with any 
former Grant ; Any thing contained in y'' form of this return to y^ Con- 
trary notwithstanding. \_Passed January 6. 



CHAPTER 203 



Legislative 
Records of the 
Council, xvi., 
263. 

House Jour, 
nal, p. 204. 



ORDER ALLOWING £1,250 TO THE JUDGES. 

Ordered that the sum of Twelve hundred and Fifty pounds be Granted 
and paid out of the Publick Treasury to the Hon''''' the Justices of his 
Majestys Superiour Court of Judicature Court of Assize and General 
Goal delivery for their Services the Year past which ended the first of 
this Inst', January to be paid in proportion to the Courts they Attended 
during that time. [^Passed January 7. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1735-36. 215 

CHAPTER 204. 

ORDER ALLOWING £150 AND A FURTHER SUM OF £100 TO THE SECRY- 

Ordered That the Sum of One hundred and Fifty pounds be Granted R^f^^,}^f ^f the 
and paid out of the publiclc Treasury to Josiah Willard Esq' Secretary council, xvi., 

of this Province in full for his Services to the third of December last '^ 

and the further Sum of One hundred pounds to be Granted and paid ^ai^p! 204!"^' 
out of the Publick Treasury to M"^ Secretary Willard in consideration 
of his Extraordinary Services. \_Passed January 7. 



CHAPTEE 205. 

ORDER ALLOWING £300 AND A FURTHER SUM OF £120 TO THE 

TREASURER. 

Ordered that the sum of Three hundred pounds be Granted and paid ^^^^^^^ *^^f ^j^ 
out of the publick Treasury to Jeremiah Allen Esq'' Treasurer of this council, xvi., 

province in full for his Services the Year past, which ended the first of '^^ 

June last and that the further sum of One hundred and twenty pounds House Jour- 
be Granted and paid out of the Publick Treasury to the said Jeremiah 
Allen Esq'' in Consideration of his Services in the Treasury &c for the 
last year, which ended the first of December last. [^Passed January 7. 



CHAPTER 206. 

ORDER ALLOWING £360 TO M^ PRESIDENT WADSWORTH. 

Ordered That the Sum of three hundred and Sixty i^ounds be Granted Legislative 

1 Kccorclft of 1116 

and paid out of the publick Treasury to the Rev" M'' Benjamin Wads- council, xvi., 

worth, President of Harvard College for his Service in that office One "^ 

Year, ending in June next ; the money to be paid him quarterly. \_Passed House Jour- 
January 7. 



CHAPTER 207. 

ORDER REMITTING A FINE OF £18. 17. 9 TO THE TOWN OF MEDAVAY. 

A Memorial of Edward Clark Represent'' of the Town of Medway Legislative 
Shewing that the said Town was fined for not Sending a Represent- councif xvi.*^** 
ative in the Year 1734 that Omission was Occasioned by their Igno- '^tsB. 
ranee of the Law and not knowing that the Act for Encreasing the Executive 
Number of Farailys in the Towns Obliged to Send Represent''- was cmmcif,x'.,*5.^ 
disallowed by his Majesty ; And therefore praying that the fine so House Jour- 
Imposed on the said Town may be Remitted to them pVovince^" 

^pq,l ,e. Laws, 11., 726, 

'^y^'^^^ '^ chap. 13; 728. 

Ordered that the prayer of the petition be Granted and that the 
sum of Eighteen pounds Seventeen shillings and Nine pence is hereby 
Allowed and Granted to be paid out of the Publick Treasury to the 



216 Froviisce LA^vs {Besolves, etc). — 1735-36. [Chaps. 208, 209.] 

Town of Medway to Reimburse them the Said Sum Set on them as 
a fine for not sending a Represent" as within mentioned. [_Passed * 
January 7. 



CHAPTER 208. 

ORDER IMPOWERING THE ASSESSORS OF THE TOWN OF WORCESTER 
TO LEVY AND COLLECT A TAX OF ONE PENNY PER ACRE ON LAND. 

Records^of the ^ PETITION of John Chandler Esq" Represent" of the Town of Worces- 
Councii, xvi., ter, in behalf of said Town, praying that they may be impowred to Assess 

— '. and levy a Tax of One penny ^ Acre ^ annum on All the Unimproved 

?ai^Bp'^i97^i9s L^iicls of the Nonresident Proprietors for five or three Years next com- 
ing, to be Applied for the better Support of the Ministry there. 
Read & 

Ordered that the prayer of the petition be Granted and the Select- 
men or the Assessors of the said Town of AYorcester for the time being 
for three Years next coming, be and hereby are fully Authorized and 
impowred to levy and Assess a Tax of One penny ^ Acre on all the un- 
improved Lauds in the said Town, belonging to the Nonresident Pro- 
prietors, and deliver out a list or lists thereof with Warrants to Collect 
the Same ; & the Constables or Collectors of the said Town of Worces- 
ter are hereby Required & directed to pay in the same Annually, during 
the said Term of three Yeai's the whole of the Collection of the said Tax 
to be Applied to and for the Support of the Rev'* Minister there, Agree- 
able to the Warrants on the Lists for Collecting the same ; And tlie Lands 
of the Nonx'esideut Proprietors lying in the said Town of Worcester are 
hereby Subjected to the payment of the said Tax for the use aforesaid 
& for no Other use. [_Passed January 7. 



CHAPTER 209. 

ORDER APPOINTING A COMMITTEE ON THE WRENTHAM AND BEL- 
LINGHAM BOUNDARY. 

Legislative Q^ fHE PETITION of the Agcuts for the Town of Wrentham [ante. 

Records of the ^.^ , „^^ » >- ' 

Council, xvi., p. lo8, chap. 73J 

?^1^ A hearing having been had the 20"" of Novemb'' last before both 

House Jour^^^ Houscs ou this petition 

203.' Ante,' ' [In Council] 

p. 158, chap. 73. Ordered that Edmund Quincy and Anthony Stoddard Esq" with Such 
as shall be Joined by the Hon''''' House of Represent" be a Com"''' to 
Repair to the Borders of the Towns of Wrentham & Bellingham where 
the Boundary line is Controverted and after a full hearing of the partys 
to State and Determine Some proper boundary line between the said 
Towns which shall Respect their Jurisdiction 

In the House of Represent'' Read & Concurr'd & John Chandler Wil- 
liam Brattle and Charles Church Esq''" are Joined in the Affair. \_Passed 
January 7. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 217 



CHAPTER 210. 

ORDER APPOINTING A COMMITTEE ON JOS. EPHRAIMS PETITION FOR 
HIS PROPORTION OF HASSANAMISCO LANDS. 

A Petition of Joseph Ephraim of Natick Indian Setting forth his Legislative 
Right as a Proprietor to a Share of the Indian Lands at Hassinamisco cmmcu xtK*)^ 

(now the Town of Grafton) and in the money for which their Lands "^ 

were Sold And therefore praying that this Court would Restore to him House Jour- 
the said Right ifp^ll, 

In the House of Represent' Read & chap. i32. 

Ordered that Major Brattle Cap' Bowman, CoP Preseott, &, Cap' 
Hobson with such as shall be Joined by the Hon''^'' Board, be a Com'"^ 
to Enquire into the Subject Matter of the petition, hear the pef as 
well as the Trustees of the Indian Affairs of Hassanimisco (now Graf- 
ton) hereon, and Report their Opinion as soon as may be, of what may 
be proper for this Court to do in Answer thereto 

In Council Read & Concurr'd and John Jeffries and Joseph Wilder 
Esq" are Joined in the Affair. \_Passed January 7. 



CHAPTER 211. 

ORDER ALLOWING £160 TO JOHN WAINWRIGHT CLERK OF THE HOUSE. 

Ordered that the sum of One hundred and Sixty pounds be Granted Legislative 
and paid out of the publick Treasury to John Wainwright Esq"" Clerk council^, xvi.l 
of the House in full for his Service to the next May Session. \_Passed ^^^- 



January 9. House Jour- 

^ nal, p. 206. 



CHAPTER 212. 

ORDER ALLOWING 4/ PER DIEM TO THE SPEAKER OF THE HOUSE. 

Ordered that there be Granted & paid out of the Publick Treasury Legislative 
after the Rate of four shillings ^ Diem to the Hon"'" John Quincey ^Xc*if xvf ^ 
Esq'' Speaker of the House for every day of his Attendance in the 265. 
General Court ; from the Opening the Session in May last, being the House Jour- 
28"' day of said month, to the dissolution of this Assembly, From Cer- lai, p-205. 
tificate from the Clerk of the House in consideration of his constant 
Application in dispatching the publick affairs of the Province. \_Passed 
January 9. 



CHAPTER 213. 

ORDER ALLOWING £50 TO DOCT" WIGGLESWORTH. 

Ordered that the sum of Fifty pounds be Granted & paid out of Legislative 
the publick Treasury to the Rev*^ Docf Edw** Wigglesworth, HoUi- councif.xvi.,* 
son^ professor of Divinity at Hai-vard College in Cambridge, as a ^^ 

' "HoUisian," in the State Library copy, Legislative Records of the Council, xvi., 265, 
and the House Journal. 



218 



Province I^aws {JResolves, etc) . — 1135-36. [Chaps. 214-216.] 



naMf205"'^' Gi'atuity in consideration of his faithfull discharge of the great & 
Important Trust Reposed in him & for his further encouragement 
therein. \_Passed January 9. 



CHAPTER 214. 



Legislative 
Records of tlie 
CounciJ, xvi., 
265. 

House Jour- 
nal, p. 205. 



ORDER ALLOWING £40 TO THE CHAPLAINS OF THE COURT. 

Ordered that the sum of Forty pounds be Allowed and paid out 
of the Publick Treasury viz' Twenty pounds one half thereof to the 
Rev'' Chaplain who officiates at the Hon''''' Board the year Currant, 
and Twenty pounds the other half thereof to the Rev'' M"" Samuel 
Checkley the Chaplain of the House for his Service the Year Cur- 
rant. \^Passed January 9. 



CHAPTER 215. 



ORDER ALLOWING £140 TO THE DOORKEEPER. 



Legislative 
Records of the 
Council, xvi., 
265. 

House Jour- 
nal, p. 205. 



Ordered that the Sura of One hundred & forty pounds be Granted 
& paid out of the publick Treasury to M'' Richard Hubbard Door 
Keeper to his Excellency the Gov'' & this Court, in full for his Ser- 
vice for the Year Currant, which will determine the 19"' of Febry 
next. {^Passed January 9. 



CHAPTER 216. 

VOTE ON THE PETITION OF THE PROP^^ OF WOODBURY FARM FOR 
CONFIRMATION OF TITLE. 



Legislative 
Records of the 
Council, xvi., 
266. 

House .Jour- 
nal, p. 203. 



A Petition of Jonathan Woodbury, in behalf of the Proprietors of 
Woodbury Farm in the Town of Methewen, Shewing that the Pet"^^ 
father Thomas Woodbury & one Joshua Bason of Beverly, in the 
Year 1682, purchased of Jeremiah Belcher of Ipswich, three Thou- 
sand four hundred Acres of Unimproved Land, Supposing that he 
had a good Title, and then they made divers Conveyances of part 
of the said land & the possessors built Houses & made other Im- 
provements on the said land but lately the pef & other proprietors 
have been Sued in the Province of New Hampshire & Cast have 
Spent a considerable Sum of money in Defending the Said lands ; 
And therefore praying this Court to confirm the Said Belchers Deed 
to the Pet" 

Read and 

Ordered that the prayer of this petition be so far Granted, as that 
the Whole of the Right and Title of this Province to the Land Con- 
veyed by Jeremiah Belcher to Thomas Woodbury & Joshua Bason 
in and by a Deed to them bearing date March 1682, be and hereby 
is Released & quitclaimed by this Government to the aforesaid Gran- 
tees, their heirs and Assignes Respectivly, and that no Grant of Lands 
that may hereafter be made by this Court shall be laid out on the prem- 
isses or anj' part thereof. [_Passed Jamiary 10. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1735-36. 219 



CHAPTER 217. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE MEMO- 
RIAL OF THE COMMISSIONERS OF THE £100,000 LOAN FOR THE 
COUNTY OF ESSEX. 

William Dudley Esq" from the Com'^® on the Memorial of the Com- Legislative 
missiouers of the £100,000 Loan for the County of i:ssex gave in the ^undf, xlu® 
following Report viz' 267^ 

In Answer to this Memorial and According to the order of the Court House Jour- 
thereon, The Com'<^<' Report that there be a Com'«'^ fully impowred to ^i\'i'p."i5sf ^" 
Receive of the Surviving Commissioners of the County of Essex all chap. 72. 
such Mortgages of land, lying in the County of Plymouth, not Sued 
out, & Judgments of Courts, Leases & other Titles Relating to Such 
as have been Sued out, & the time of Redemption of such lauds Ex- 
pired ; And that the Com'^*^ Expose Such Forfeited Estates to open 
Sale, first giving publick Notice thereof in the Shire town, where 
Such lands lye, and upon Sale thereof, to execute good & ample 
Deeds in the Law therefor, the produce thereof to pay into the pub- 
lick Treasury ; And if any Surplusage shall be on such Sale, besides 
the original Sum borrowed & Interest thereon with Charges, &c in 
the Law, the Same to be Returned to the Mortgager his heirs, Exors, 
or admors ; And the said Commiss"^' of Essex, in their next Accompts, 
are hereby Allowed to discharge themselves of so much money put 
into their hands, as the Amount of the Mortgages or Judgments &c 
delivered to the Said Com''^'^ as aforesaid ; And in Case any of the 
Lands in any of the Respective Countys, Mortgaged & Sold by the 
Commiss" be not Sufficient to pay the principal borrowed. Interest 
thereon, with Charges, Law suits, &c. Yet the Commissioners on their 
paying into the Treasury what they have or shall truly Receive on 
the Sale of Such forfeited Estates, they shall be discharged of the whole 
they let out on Such mortg''^ with the Charges in the Law, Such defi- 
ciency notwithstanding; And the Com"^** are further of Opinion that 
the Commissioners of the Loan aforesaid, throughout the Province, 
be directed to make up and Compleat their Accompts of all moneys 
Reced by them on said Loan, and what has been paid into the Treas- 
ury by the first day of January 1736, and that they be not allowed or 
indulged to make up or present any other or further Accompt of their 
doings but shall Stand Chargable with all moneys in their hands, & 
Mortgages not discharged and be liable to pay the Same & Interest 
thereon, not exceeding Five ^ Cent, from the said first day of Jan- 
uary 1736/7; According as this Court shall Order; and that the Sec- 
retary transmit to the Commiss" of the Respective Counties such 
directions as are or may be given them by this Court, as well at their 
present Sitting as at their Sitting in may last that so they may know 
what they Require of them 

W^ Dudley ^ order 

In Council Read & 

Ordered that this Report be accepted 

In the House of Represent^ Read & Concurred with the Amendment 
viz' The Com'^'^ to have Such Reasonable Allowance for their Service 
herein as this Court shall hereafter think proper And John Cushing 
jun"^ «fe John Alden Esq" & Isaac Lothrop jun'' are Appointed and Im- 
powred a Com"'^ for the Intents & purposes aforesaid In Coun- 
cil Read & Concurr'd. [^Passed January 10. 



220 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 218, 219.] 



CHAPTEE 218. 



ORDER IMPOWERING COL^ JOS* WILLARD TO SURVEY AND LAY OUT 
100 ACRES OF LAND. 



Legislative 
Kecords of the 
Council, xvi., 
268. Mass. 
Archives, 
xlvi., 63. 

House Jour- 
nal, p. 207. 
Province 
Laws, xi., 725, 
chap. 34. 



A PETITION of CoP Josiah Willard Shewing that he has Erected a 
Mill upon a Stream in the Township Granted to hiui & others lying 
above Northfield, but has not a Couveuience for Raising a head of 
Water ; And therefore praying for a Grant of One hundred Acres of 
Province land lying about half a Mile Eastward of the said Town (by 
which he will be Capable of Raising a head of Water) upon such Terms 
& Conditions as this Court shall think proper 

Read & in Answer to this Petition 

Ordered that the Prayer thereof be So far granted as that the Peti- 
tioner have Liberty by a Surveyor & Chainmen oa Oath to Survey and 
lay out one hundred Acres of Land at the Place petitioned for and return 
a Plat thereof to this Court within twelve Mouths for Confirmation to the 
Petitioners his Heirs and Assigns for the Ends and Purposes in the Said 
Petition mentioned So long as he or they Shall Keep up a Sutable Dam 
with a good & sufficient Mill or Mills at the Place where he has lately 
erected the Same, and that on Failure thereof extraordinary Casualties 
excepted the Said Land Shall revert to and be at the Disposition of the 
Province. \_Passed January 10. 



CHAPTER 219. 



VOTE ON HENRY & MARG^ SHORTS PETITION TO CANCEL A DEED OF 

CONVEYANCE. 



Legislative 
Records of the 
Council, xvi., 
269. 

House Jour- 
nal, pp. 89, 205. 



A Petition of Henry Short of Newbury and Margarett Short Widow 
of Mathew Short late of Attleboro, diced, Shewing that the pet"^ Henry 
Conveyed to his Brother Mathew Short by his Deed Certain parcels 
of land, Upon conditions in the said Deed Mentioned, which the Said 
Mathew Never lived to perform, and left his Estate in Such a Condi- 
tion, as that the performance thereof is impracticable; And therefore 
praying, that the same may be Declared Null and Void, Upon the pet' 
Henrys paying to the Heirs of the said Mathew the sum of Seventy 
pounds 

Read. & forasmuch as the Deed of Henry Short to his Brother Mathew 
Short is not Agreeable to the Design of his Father Henry Short, Deceased, 
as Appears by his Deed to his said Son Henry Dated March 13. 1705/6 
and said Deed to Mathew Containing Sundry Conditions not performed 
in his life time or Since his Death, 

Voted That upon the said Henry Shorts giving Sufficient Security to 
the Judge of Probate for the County of Bristol for the payme nt of the 
Sum of Seventy pounds to the heirs of the said Mathew Short deced, the 
said Deed be and hereby is Declared and Determined to be void and of 
None Effect, and the said Henry Short may name and Appoint Some 
Child of his Father to Inherit According to the true Intent and mean- 
ing of his said Father Henry Short deced. \_Passed January 12. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 221 



CHAPTER 220. 

ORDER ACCEPTING THE COMMITTEES REPORT ON THE PETITION OF 

THOs PLAISTEAD. 

A Petition of Thomas Plaisted late of London now of Boston Mer- Legislative 
chant, Shewing that he is well Acquainted with the Mistery of making councff xvi!^^ 
Potash, which he Apprehends may be Carried on to good Advantage 248, 270.' 
in tliis province, proposing to Treat with a Com'"'^ of this Court & Pray- House Jour- 
ing that some Suitable persons may be Accordingly Appointed to Re- °''>'i>PP-iyy>20s. 
ceive & Consider what he has to Offer on that head and make Report 
thereof to the Court 

In Obedience to the Order of this Court, Appointing a Com''"' to con- 
sider of the petition of M"' Thomas Plaistead &c, We having met and 
Discoursed fully with the pef and Received from him More particular 
proposals in AVriting herewith Exhibited, Referring to the Carrying on 
the Manufacture of Potash within this province. Are of Opinion, that 
for the Encouragment of the pef in an Undertaking so much for the 
Service of Great Britain, as well as advantage to this Country, There 
be Granted Fifteen hundred Acres of Land in Some Suitable place 
within Forty or fifty Miles of the Town of Boston, unto some proper 
person or persons that this Court shall Appoint, to be holden by him 
or them in Trust to and for the use of the said Thomas Plaistead the 
pef for the Space of three Years, and that there be also Advanced and 
paid him out of the publick Treasury the Sum of Eight hundred pounds 
to be by him Repaid together with the value or price of the said fifteen 
hundred Acres of Land at a Moderate Rate and Apprizment at the 
Expiration of the Term of three Years as aforesaid. For the payment 
of which sums, the pet"^ shall be Obliged to find Sufficient Security, as 
also for his the said Plaisteads making at least Thirty tuns of Potash, 
and Sending the same to London According to the proposals above 
mentioned ; and that the said Manufacture Shall be Openly and pub- 
lickly Carried on so that whoever shall Labour therein shall be made 
Capable of Manufactoring it themselves ; And further that in Order to 
his finding out a Suitable Tract of Land as aforesaid Some Meet per- 
son or persons that are well Acquainted with the Unappropriated Lauds 
be Appointed as soon as the Season of the Year will Admit thereof, 
and at the Charge of the Government, to Assist the pef in finding out, 
and Surveying the said fifteen hundred Acres, in Order to its being 
Granted, and Confirmed, in Trust as afores*^ And further we are humbly 
of Opinion that if the pef E^ffect his design of Introducing and Carry- 
ing on the said Manufacture to the Advantage of this Province as he 
hath proposed It will be proper to make the said Grant of Fifteen hun- 
dred Acres an absolute Estate in the pef and his heirs, and that he be 
further Rewarded for such his Good Service to this Country by an Ade- 
quate Genei'ous Grant or allowance of this Government; all which is 
humbly Submitted 

By order of the Committee Edm'' Quincey 

In the House of Represenf Read & 

Ordered that this Report be Accepted In Council Read & Con- 

curred & Joseph Wilder is Appointed to Assist in finding out and Sur- 
veying the Lands within mentioned and in taking said Survey, that he 
carefully View and Consider the Quality of the Land and Return with 
the plat his Opinion of the value thereof at the Same time In the 

House of Represent* Read & Concurrd. \_Passed January 12. 



222 



Province IjA\\^ {Resolves, etc.) . — 1735-36' [Chaps. 221-223.] 



Legislative 
Records of the 
Council, xvi., 
271. 

House Jour- 
nal, p. 208. 



CHAPTER 221. 

ORDER IMPOWERING CAP'^ BENJ-^ LARRABEE TO EFFECT REPAIRS AT 
FORT GEORGE, BRUNSWICK. 

A Petition of Cap' Beuj" Larrabee Commander of bis Majestys Fort 
George at Brunswick Sbewing tbat wbile be was on tbe business of bis 
Office Absent from tbe said P^ort, by some Accident tbe DwelUng bouse 
tbere Catcbed fire, & was burned to tbe Ground before it could be 
Quencbed, witb tbe Wooden Work of tbe Nortb east Bastion, wbicb 
was used as a Store Room, tbat tbe pet'' was Necessitated to Rebuild 
tbe Dwelling bouse for tbe Sbelter of tbe Garrison, and praying for tbe 
order of tbis Court for Rebuilding tbe said Store Room 

Read & 

Ordered tbat tbe prayer of tbe petition be Granted, and tbe pet' is 
bereby Impoured and directed to see tbe Repairs of tbe said Eastern 
Bastion of Fort George Effected, and tbe same Secured and fitted for 
a Store bouse as formerly. [^Passed January 13. 



CHAPTER 222. 



ORDER REMITTING FINE OF £18. 19 TO THE TOWN OF SUTTON. 



Legislative 
Records of the 
Council, xvi., 
271. 

House Jour- 
nal, p. 202. 
Province 
Laws, ii., 726, 
chap. 13; 731. 



A Petition of M"" Percival Hall Represent" of tbe Town of Sutton 
Praying tbis Court in consideration of tbe poverty of tbe said Town to 
Remit to tbem tbe fine Set upon tbein in tbe Tax Act for not Sending 
a Represent" to tbe Court in tbe Year 1734. 

Read & 

Ordered tbat tbe prayer of tbe petition be Granted, and tbat tbe sum 
of Eighteen pounds Ninteen Sbillings is bereby Granted and Allowed 
to be paid out of tbe Publick Treasury to tbe Order of tbe Town of 
Sutton to reimburse tbem tbe like Sum tbey paid as a fine as witbin 
mentioned. \_Passed January 13. 



CHAPTER 223. 

ORDER REMITTING FINE OF £32. 3. 2 TO THE TOWN OF HANNOVER. 



Legislative 
Records of the 
Council, xvi., 

272. 

House Jour- 
nal, pp. 160,211. 
Province 
Laws, ii., 726, 
chap. 13; 732; 
771, chap. 13; 
776. 



A Petition of James Hatcb Agent for tbe Town of Hannover Sbew- 
ing Tbat the Said Town was tbis present Year Taxed Considerably 
above their proportion as tbey have been Taxed in former Years, which 
tbey Apprehend was thro Mistake ; And therefore praying that what is 
above their proportion may be taken off from their Tax. 

Read and 

Ordered that the sum of Thirteen ^ pounds three shillings and two 
pence be Granted and paid out of the publick Treasury to tbe Select- 
men of the Town of Hannover, for the use of the said Town, to Reim- 
burse tbem a Fine for not Sending a Represent" Anno 1734," and a 
further sum they were over Charged in their Province Tax. [^Passed 
January 13. 

' Both copies of Legislative Records of the Council read, "Thirteen," but the House 
Journal, p. 211, reads, " Thirty tioo." 

2 Note that in the preamble no mention is made of the fine for not sending a Repre- 
sentative. See also infra, chap. 224. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 223 



CHAPTER 224. 

ORDER REMITTING A FINE OF £32. IG. 6 TO THE TOWN OF ABINGTON. 

A Petition of Mathew Prat and Others a Com"''' for the Town of ^^^i^iative 

A 1 • . /-I 1 • • /..IT ,. . • T^ . rr^ T Records of the 

Abingtou, Loraplainiug of the Largness of their Province Tax, and Council, xvi., 

that it has latly been Raised above their proportion in former Years, ^^Jh 

and much above their Ability, and therefore praying that some part ^aTpt/i60^2i2 
of their Tax may be taken off. Province 

T>_„,j o Laws, ii., 726, 

■Kead & chap. 13; 731; 

Ordered that the Sum of Thirty two pounds Sixteen Shillings be 77i,chap. 13; 
Granted and paid out of the Publick Treasury to the Selectmen of " " 
the Town of Abington, to Reimburse them the like Sum they have 
paid as a fine for not Sending a Represenf^ Anno 1734,' and what 
they were over Charged in the Province Tax. \_Passed January 13. 



CHAPTER 225. 

ORDER IMPOWERING JOHN FRIZZELL JUN. EXCRS TO ENTER AN ACTION. 

A Petition of Benjamin Bronsden and others. Executors of the last Legislative 
will and Testament of John Frizzell jun"" deced Shewing that they brought councif, xvi., 

their Action Against the Executors of the Testament of M"^* Dorothy ^^^' '''^- 

Saltonstal deced, to Render an Acco' of the personal Estate of John House Jour- 

'__ I nal BD 212 215 

Frizzell Sen"" deced, (to whom the said Dorothy was Widow and Exec- ' 

utrix) that the pef^^ writ was Abated at the Inf Court of Common pleas 
but stood at the Superiour Court held at Boston in August and was Re- 
mitted back to the Inf Court now Sitting in Boston but the pet" Attor- 
ney forgat to Enter the Action, Praying that he may be now impowred 
to Enter it 

Read ; And the Exeors of M""' Dorothy Saltonstal having Signified that 
they have Nothing to Object Against the Matter of this petition. 

Ordered that the prayer thereof be Granted. \_Passed January 13. 



CHAPTER 226. 

ORDER OF NOTICE ON JOS. GERRISH ESQR & OTHERS PETITION TO BE 
MADE A NEW COUNTY. 

A Petition of Joseph Gerrish Esq"" and Others Represent^ of the Legislative 
Towns in the Northerly part of the County of Essex Setting forth the coimc'if xvL^ 
InconVeniencys the Inhal3itants of the said Towns are Under in Attend- 273. 
ing upon the Courts in the Other parts of the County And praying that House Jovir. 
the said County may be divided and that the Towns of Newbury Haver- "**'' p- "^^• 
hill Salisbury Andover Bradford Rowley Boxford Amesbury Methuen 
and Rumford may be taken off and Constituted a Separate & Distinct 
County 

Read & 

Ordered that the petition be Referr'd to the next Sitting of the Court 
for consideration and that in the mean time the pet" serve such Towus 

' Note that in the preamble no mention is made of the fine for not sending a Repre- 
sentative. See also supra, chap. 223. 



224 



Province Laws {Resolves, e^c.). — 1735-36. [Chaps. 227, 228.] 



as they pray for to be Erected into a Seperate County, who have not 
petitioned therefor, with a Copy of the petition, that they shew Cause 
if any they have Why the prayer thereof should not be Granted ; and 
the Members of this Court belonging to the Respective Towns in the 
County of Essex may also if they See Cause Notif}' their Respective 
Towns that they may give in their Reasons why the prayer of the peti- 
tion should not be Granted. [^Passed January 13. 



CHAPTER 227. 



Legislative 
Records of tlie 
Council, xvi., 
27-2. 

Mass. 
Archives, 
cxxiv., 39. 
House Jour- 
nal, p. 221. 
Province 
Laws, ii., 726, 
chap. 13; 733; 
771, cliap. 13; 
778. 



ORDER REMITTING A FINE OF £19. 9. 2 TO THE TOWN OF SHERBURN. 

A Petition of William Leyland Represent* of the Town of Sher- 
burn vSetting forth the Smalluess and poverty of the said Town, and 
the Charges they have latly been at in Settliug a Minister, and there- 
fore praying that the fine laid on them the last Year for not Sending 
a Represeut"^ may be Remitted. Read and 

Ordered that the prayer of the petition be Granted, and that the 
Sum of Nineteen pounds Nine Shillings and Nine ^ pence be and hereby 
is Granted and Allowed to be paid out of the publick Treasury to the 
Selectmen of the Town of Sherburn, for the use and benefit of the said 
Town, to Reimburse them so much they paid as a fine for not Sending 
a Represent* Anno 1734.^ \_Passed* January 14.^ 



CHAPTER 228. 



ORDER GRANTING A TOWNSHIP TO JN" SIMPSON &c WITH CONDITIONS. 



Legislative 
Records of the 
Council, xvi., 
274. Mass. 
Archives, cxv., 
841. 

House Jour- 
nal, pp. 123, 124, 
218, 231. Post, 
p. 235, chap. 
246. 



In the House of Representatives In Answer to the Petition of 
John Simpson &, Others^ 

Voted that y*" Prayer of the Petition be granted and that . . . ^ 
Togather with such as Shall be Joynd by y" Honourable Board be 
a Committee at y*^ Charge of the Petitioners to lay out a Township 
of the Contents of Six miles Square at y*^ place Petitioned for or 
some other Suitable place ; and that they Return a plat thereof to 
this Court within twelve months for Confirmation, and for the more 
Efectuall bringing forward the Settlement of the Said New Town 

Ordered that y'' Said Town be laid out into Sixty three equal Shares, 
one of which to be for the first Settled Minister, one for y'' Ministry 
and one for y'' School, and that on each of the other Sixty Shares the 
Petitioners do within three Years from y*^ Confirmation of the Piatt 
have Settled one good family, who shall have a house built on his 
Home Lott of Eighteen feet square & Seven feet Stud at the least, 
and finished, that P^ach Right or Grant have Six Acres of* Land, 
brought to & plowed, or brought to English Grass & fitted for mow- 
ing, that they Settle a Learned & Orthodox Minister, & build & finish 
a Convenient Meeting House for y*^ Public Worship of God, And y" 
Said Committee are hereby Directed to take bond of Each Settler of 

' The House Journal, p. 221, reads, " hco pence." 

" "Paid Sundry Towns to Reimburse them the Fines laid upon them for not Sending 
Representatives . . . 175. 14. 7." — Mass. Archives, cxxiv., 39. 

'' This date is according to the House Journal ; according to Legislative Records of the 
Council the date is January 13. 

* The House Journal, p. 123, reads, "praying for some Province Lands." 

6 Sic. See post, p. 235, chap. 246. 



[1st Sess.] Province Laws {Resolvesy etc.). — 1735-36. 225 

Forty pounds for his faithfull complying with & performing y" Con- 
ditions of Settlement, and in Case any of the said Settlers fail of 
performing y" aforesaid Conditions, then his or their Right, Share or 
Interest in said Town to Revert to & be at y*" Disposition of the Prov- 
ince ; and that the said Committee be and hereby are Impowred to Sue 
out y*^ bonds & Recover the Possession of y^ forfeited Lots (if any be) 
at the Expiration of the three Years, and to Gi'ant them over to Other 
persons that will Comply with y^ Conditions within one Year next after 
the said Grant; and the Bonds to be made & Given to the said Com- 
mittee and their Successors in the Said Trust 

In Councill Read & Concurred. [_Passed January 14. 



CHAPTEE 229. 

ORDER GRANTING A TOWNSHIP TO IPSWICH INHAB^s WITH CONDITIONS. 

In the House op Represent^ In Answer to the prayer of John Wain- Legislative 
wright and John Choat Esq" Represent' of the Town of Ipswich in councif xVi!*^ 
behalf of Sundry Inhabitants of said Town,^ ^tq. 

Voted that the praj^er be Granted and that John Wainwright and House Jour- 
John Choat Esq" with such as shall be Joined by the Hon''''' Board be °'^'' i'- ^^'• 
a Com""' at the Charge of the Grantees (such of the Inhabitants as they 
shall think most proper) to lay out a Township of the Contents of Six 
Miles Square in some of the Unappropriated Lands of the Province 
and that they Return a plat thereof to this Court within twelve Months 
for Confirmation And for the more Effectual bringing forward a Settle- 
ment of the said New town 

Ordered That the said Town be laid out into Sixty three Equal Shares 
One of which to be for the first Settled Minister One for the Ministry 
And one for the School and that on each of the other Sixty Shares 
the Grantees do within three Years after the Confirmation of the Plan 
Settle one Good family who shall have a house built on his Homelott 
of Eighteen feet Square and Seven feet Stud at the least and finished, 
that each Right or Grant have Six Acres of Land brought to and 
plowed or brought to English Grass and fitted for Mowing, that they 
Settle a Learned Orthodox Minister and Build a Convenient Meeting 
house for the Publick Worship of God, that the said Com''^'' take Bond 
of each Settler of forty pounds for his Complying with the Conditions 
of Settlement and that each Settler that shall fail of performing the 
aforesaid Conditions shall forfeit his Share or Right in the said New 
Town to the Government and the same to be Disposed of as they shall 
see Cause. In Council Read & Concurred & Thomas Berry Esq"" 

is Joined with the Com"''' of the House in the said Affair. [JPassed 
January 15. 



CHAPTER 230. 

ORDER ACCEPTING THE COMMITTEES REPORT ABOUT THE LINES OF 
TOWNS BETWEEN THE MERRIMAC AND CONNECTICUT RIVERS AND 
WESTFIELD AND SHEFFIELD. 

The Committee Appointed, the fourteenth Currant, to take into con- Legislative 
sideration the Several petitions for Townships, now before the Court, coundf xVi!*^ 

276. 

_' The House Journal, p. 217, inserts, "praying that a Grant of some of the unappro- 

priated Lands of the Province for a Township may be made to some of the Inhabitants of 
the said Town." 



226 Province Laws {Resolves, e^c.) . — 1735-36. [Chap. 230.] 

Maes- and Report what may be proper for the Court to do thereon, havins; 

Archives, CXV., -.^ , i t, r ^ l ' • 1 i ,li i ^ ^ i. • • nil 

711. Legishi- Met and Maturely considered the same, are humbly or opiuKjn, Ihat 
toe^(Suncii^ °* there be a Carefull View and Survey of the Lands between Merrimack 
xvi.,274. ' and Connecticutt River, from tlie North West Corner of Rumford or^ 
nai"pp. i^ii^^'ks, INIerrimack to the Great Falls on Connecticutt, of twelve Miles at the 
226,227. least in the bredth or North and South, by a Com'°^ of Eleven able and 

Suitable persons, to be Appointed by this Court, who shall after a due 
knowledge of the Nature and Circumstances thereof, la}' the same into 
as many Townships of the Contents of Six Miles, as the Land in Wedth 
as aforesaid will allow of ; No Township to be more than Six Miles 
East and West ; and also to la}' out the Land on the East Side of 
Connecticutt River from said Falls to the Township laid out to Josiah 
Willard and others into as many Townships of the Contents of Six 
Miles Square as the Same will Allow of. And also the Land on the 
West Side of the River Connecticutt from the said P^alls to the Equiva- 
lent Land, into One or two Townships, of the Contents of Six Miles 
Square, if the same will Allow thereof ; Five of W^hich Com'''' to be a 
Quorum for Surveying and Laying out the Township on each Side of 
Connecticutt River, as aforesaid ; And that the said Com'™ make Report 
of their doings to this Court at their Sessions in may next, or as soon 
as they Conveniently can, that so the persons whose nam^s are Con- 
tained in the Several Petitions viz' the petition of Hopkinston in the 
petition of Salisbury and Amesbury, in the Petition of Cambridge, in 
the Petition of Bradford, and Wenham in the petition of Haverhill, in 
the petition of INIilton and Brooklyn, in the Petition of Samuel Cham- 
berlain & Jonathan .Jewit, and in the petition of Nathanael Harris &c ; 
in the petition of Stevens and Golding and others, in the petition of 
morgan Cobb &c, Jonathan Wells &c, Lyscomb & Johnson &c. In the 
petition of Isaac Little &c, in the petition of Jonathan Powers &c, John 
Whitcomb- Esq'' &c, Samuel Hay ward &c, Josiah Fassett and others, 
John Flynt & others, Jonathan Hay ward ^ and others of Bridgwater, 
that have not heretofore been Admitted Grantees or Settlers within the 
Space of Seven Years last past, of or in any former or other Grant 
of a Township or particular Grant, on Condition of Settling ; and that 
shall Appear and give Security to the value of Forty pounds to perform 
the Conditions, that shall be Enjoyned by this Court may by the Major 
part of the Committee, be Admitted Grantees into One of the said 
Townships ; the Com''''" to give public Notice of the time and place of 
their Meeting to admit the Grantees ; which Com'''*' shall be Impoured 
to employ Survey"^' and Chain men to Assist them in Surveying and 
laying out the said Townships ; the Province to bear the Charge, and 
to be Repaid by the Grantees, who may be Admitted ; the whole Charge 
they shall advance ; which Com""'' we Apprehend ought to be Imjwwred 
and Directed to Admit Sixty Settlers in each Township, and take their 
Bonds, payable to the Com"^" and their Successors in the said Trust, to 
the Use of the Province, for the performance of the Conditions of this 
Grant, viz' That each Grantee Build a Dwelling house of Eighteen feet 
Square and Seven feet Stud at the least on their Respective Homelotts, 
and P'ence in or break up for plowing or Clear and Stock with English 
Grass five Acres of Land within three Years next after their Admit- 
tance, and Cause their Respective Lotts to be Inhabited and that the 
Grantees do within the Space of three Years from the time of their 
being Admitted, build & finish a Convenient Meeting house for the 
publick Worship of God and Settle a Learned orthodox Minister ; And 
in Case any of the Grantees shall fail or Neglect to perform what is 

1 For " or" the State Library copy reads, "on." — Legislative Records of the Council, 
xvi., 276. 

2 "AVhitman," in State Library copy, Legislative Records of the Council, xvi., 276. 

3 "Howard," in State Library copy, Legislative Records of the Council, xvi., 276. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 227 

Eujoyned, as above, The Com'''' shall be Obliged to put the I>onds in 
Suit, aud take possession of the Lotts, aud Rights, that shall become • 
forfeit, aud proceed to Grant them to other persons that will Appear 
to fulfill the Conditions, within One Year next after the last mentioned 
Grant ; the Com""" to take Care that there be Sixty three Houselotts laid 
out in as Regular Compact and Defensible a manner as the Land will 
Allow of ; One of which Lotts shall be for the first Settled Minister, 
cue for the Second Settled Minister, and one for the School, to each of 
which an p]qual proportion of Land shall Accrue in all after Divisions 

The Com"^*^ are further of Opinion that there he four Townships 
opened Upon the Rhoad ])etwixt Westfield and ShetKeld ; and that they 
be Contiguous to one another, and either Join to ShetHeld or to the 
Township lately Granted to the proprietors of Suffield, each of the Con- 
tents of Six Miles Square ; and that they be Situated on or near the said 
Road, as the said Land will allow, and that there be Sixty three Home- 
lotts laid out in each Township, one of which to be for the first Settled 
Minister, one for the Second Settled Minister, and one for the School, and 
one for each Grantee ; which shall draw Equal Shares in all future Divi- 
sions ; said Lotts to be laid out in as Regular compact and Defensible 
manner as may be, that so the Several persons whose names are Con- 
tained in Sundry petitions for Townships, to be laid out on or near said 
Road, which have not heretofore been "Admitted Grantees, or Settlers, 
within the Space of Seven Years last past, of or in any other or former 
Grant of a Township or particular Grant, on Condition of Settlement, 
and that shall Appear to give Security to the value of Forty pounds, 
to perform all things on their Lotts and within the Respective Town- 
ships, wherein they ai'e Admitted Settlers, in the Same manner as the 
Grantees in any of the Towns between the River of Connecticutt and 
Merrimack, as aforesaid ; and that there be a Com'^*" of five Suitable 
persons Appointed by this Court for the Service aforesaid and Impowred 
and Obliged, as is before provided for, with Respect to the bringing 
forward the line of Towns between the Rivers aforesaid 

By order of the Committee Edii" Quincey 

Read and Accepted. \_Passed January 15. 



CHAPTER 231. 

ORDER ALLOWING £100 TO JN'^ WHEELWRIGHT. 

A Petition of M' John Wheelwright, Shewing that he has taken Legislative 
much pains aud Spent much time in Serving the Government, in pro- couucff, xvi!l^ 
viding for the Governours Interview with the Western Indians, in 2 78. 
Summing up the Lists of the Valuations of the Several Towns, and House Jour- 
in Examining the Accomi)ts of the Loans; And therefore praying for »'i'. p-^-'*- 
Some proper Allowance from this Court for the said Service. 

Read & 

Ordered that the sum of One hundred pounds be Granted and paid 
out of the publick Treasury to the Memorialist in full Consideration of 
the Services within mentioned and in Answer to this petition. \_Passed 
January 15. 



228 



Province lJA^\% {Resolves, etc.) . — 1735-36. [Chaps. 232-234.] 



CHAPTER 232. 



Legislative 
Records of the 
Council, xvi., 
278. 

Province 
Laws, ii., 726, 
chap. 13; 728; 
771, chap. 13; 
773. 



ORDER REMITTING A FINE OF £22. 10 TO THE TOWN OF NEEDHAM. 

A Petition of John Fisher Esq' Represent'' of the Town of Need- 
ham in behalf of said Town, Shewing that the said Town Apprehend*^ 
themselves not Obliged to Send a Represent"- to the General Court, not 
knowing that the Law for enlarging the Number of Inhabitants in the 
Towns that are Enjoyned to Send Members to the Court was disan- 
nulled, by his Majesty ; And therefore praying that the Fine Set on the 
said Town for not Sending a Represent" may be Remitted. Read & 

Ordered that the prayer of the petition be Granted, and that the Sum 
of Twenty two pounds ten shillings be Granted and paid ont of the pub- 
lick Treasury, to the Select men of the Town of Needham, to Reimburse 
the said Town the like Sum they paid as a tine, for not Sending a Rep- 
resent" the money to be paid into the Town Treasury for the Use of the 
Town.^ [^Passed January 15. 



CHAPTEE 233. 



Legislative 
Records of the 
Council, xvi., 

278. 

House Jour- 
nal, p. 224. 
Province 
Laws, ii., 151, 
chap. 10. 
Ante, p. 198, 
chap. 169. 



ORDER IMPOWERING JAMES COOCHUCK INDIAN TO SELL LAND. 

On the PETITION of James Coochuck, \_ante, p. 198, chap. 169] 

Read and 

Ordered that the Report hereunto Annexed^ be Accepted, and that 
the pef upon Observing the Directions provided by an Act made in 
the Sixth Year of the Reign of his late majesty. King George the first, 
Chap. S** be & hereby is impowred to make Sale of the Forty Acres 
of land within mentioned & to Execute in due form of Law, a Deed 
thereof, to such person as will give most for the same ; and Nathauael 
Harris Esq"" and M' Ebenezer Allen are Desired &, Impowred to Assist 
the pef in the Sale of the premisses, and to see that Justice is done 
him therein ; and that the proceeds thereof be Disposed of for the pur- 
poses mentioned in the petition. \_Passed January 15. 



CHAPTER 234. 

ORDER IMPOWERING THE GUARDIANS OF THE HEIRS OF NATH^- DOWSE 

TO SELL LAND. 



Legislative 
Records of the 
Council, xvi., 
279. 

House Jour- 
nal, pp. 224, 225. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Ezekiel Cheever, Caleb Lampson, and Sarah Mousell, 
all of Charlestown in the County of Middlesex, Guardians to the Chil- 
dren of Thom^ Mousell Deced, and James Godfrey and Sarah his wife, 
of Charlestown aforesaid ; and Joseph Kidder of Boston and Dorothy 
hi s wi fe which said Sarah & Dorothy are Daughters of Nath^ Dowse 
Deced, and the said Children of Thomas Mousell are Grand Children 
of the said Nath^ Dowse ; praying that the said Guardians may be 
Impowred to Join with the other pet" in the Sale of two peices of 
Land in Charlestown & one Piece of Land in Medford, of which the 
said Dowse dyed Seized, the same being of little profit, as they ly and 

1 Not found in the House JournaL 
^ The report is missing. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 229 

Uucapable of a Division, aud Subdivision, without Spoiling or Greatly 
damaging the whole 

Read & 

Ordered that the prayer of the petition be Granted, and that the 
pet" with the Guardians in behalf of the Minors and for their whole 
Right Title aud Interest, are hereby fully Authorized and Impowred 
to make Sale of the Lands and premisses within mentioned for the 
most the same will fetch; the said Guardians to give Sufficient Cau- 
tion to the Judge of Probate of Wills &c for the County of Middle- 
sex, to Account for the Minors part of the produce of the Sale, and 
the Interest thereof. Annually, during their Minority and that the 
Capital Sum, with the Interest thereof if any thei'e be, be paid them 
as they Respectivly Arrive at Age or are Married ; and the pet" are 
also Authorized and Impoured to give and Execute in due form of 
Law a Good Deed or Deeds of sale and Conveyance of the prem- 
isses ; and in proceeding in the Sale to Observe the Rules and Direc- 
tions of the Act of this Province made and pass'd in the Sixth year 
of the Reign of his late Majesty King George Chap. 3*^ Relating to 
the Sale of Real Estates. \_Passed January 15. 



CHAPTER 235. 

ORDER OF NOTICE ON JOHN PALMER ESQ^s PETITION FOR LEAVE TO 
FILE A BILL IN EQUITY WITH STAY OF PROCEEDINGS. 

A Petition of John Palmer of Marblehead in the County of Essex, Legislative 
Shewing that in the Year 1726 One John Watts Mortgaged his House councu" xvi!!^ 
and Land in Marblehead aforesaid, Worth about £130 to One George 279. 
Peel, to Secure the paym' of fifty pounds then due to him, that in the House Jour- 
Year 1727 the said Watts dyed Intestate, that in the Year 1731 the nai,pp-223,224. 
said Peel sued the said Mortgage & took possession of the premisses, 
that in the Year 1734, within the time for Redemption the Adm"" of the 
said Watts Sold the said Estate to the pef. Subject Nevertheless to 
the said Mortgage ; which the pet"^ was to Discharge but the said Peel 
being Dead, and the heirs minors they Could not give the pef^ a Law- 
full Discharge aud therefore he brought his Suit Against them at the 
Common Law ; but lost his Cause, because the Law allows only the 
Mortgagor and his heirs to bring their Action for Redemption, and 
not the purchaser And therefore praying Relief from this Court, that 
he may be Allowed to file his Bill in Equity in the Same manner, as 
the Mortgager himself or his heirs might have done before his purchase 

Read and in Answer to this petition. 

Ordered that the pef Serve the Adverse party with a Copy of the 
petition, that they Shew Cause if any they have, on the first Tuesday 
of the next Sitting of the Court why the prayer thereof should not be 
Granted ; and all proceedings on the Order for Sale of the Mortgaged 
premisses be Superseeded in the Meantime ; and the petition is Referred 
accordingly. [^Passed January 15. 



230 



Province IJA^xs {Besolves, etc.) . — 1735-36. [Chaps. 236-238.] 



CHAPTER 236 



Legislative 
Records of the 
Council, xvi., 
280. 

House Jour- 
nal, jjp. 216, ilT. 
Province 
Laws, ii., lol, 
chap. 10. 



ORDER IMPOWERING THE ADM»« OF HENRY SEAGER JUN'' pECD TO 
MAKE A SALE OF HOUSE AND LAND. 

A PETITION of Ephraim and Isaac Williams Aclmors of Henry Seager 
jun'' of Newton in the Conuty of Middlesex deeed, Caleb and Ruth 
Seager Children of the Deced that are of Age Job Seager, William 
Trowbridge, and Thomas Greenwood, Guardians of Ephraim Henry 
and Oliver Seager Minors, and the other Children of the Deed Shewing 
that the Estate of the said Deced Consists in a Dwelling house and four 
parcells of Land, lying in the said Town, of the value of about three 
hundred pounds, and Containing about thirty four Acres, that the Widow 
has Acquitted her Interest to the Children, that there is about Forty 
pounds debts due from the said Estate, for bringing up the said Chil- 
dren, and no personal Estate to pay it with and the said Caleb the 
Eldest son Refuses to have the Estate Settled upon him ami pay the 
other Children their portions ; And therefore Praying for Liberty to 
Sell the whole of the said Estate 

Read & 

Ordered that the prayer of the petition be Granted, and that the said 
Ephraim Williams and Isaac Williams Admors on the testate of Henry 
Seager jun: deced be and hereby are fully Authorized to make Sale of 
the House and four parcells of land within mentioned for the Most the 
Same wnll fetch, and to Sign and Execute in due form of Law a Good 
Deed or Deeds of Sale and Conveyance thereof ; and out of the pro- 
ceeds thereof to pay and Discharge the Just debts of the said Deced ; 
the Residue and Remainder thereof to be paid & Distributed to and 
Among the heirs and Lawful! Represent'' of the deced Intestate in 
manner and proportion According to the Act of this province for the 
Settlem' and Distribution of the Estates of Intestates, and in proceed- 
ing in the Sale to Observe the Rules and Directions of the Act of this 
Province of the Sixth Year of the late King George Chap. 3"^ Relating 
to the Sale of Real Estates. \^Passed January 15. 



Legislative 
Records of the 
Council, xvi., 

280. 

House Jour- 
nal, p. 224. 



CHAPTER 237. 

ORDER ALLOWING £800 TO THE AGENT IN ENGLAND. 

Ordered that the Sum of Eight hundred pounds be Granted and paid 
out of the publick Treasury to Francis Wilks Esq'' Agent for this Prov- 
ince at the Court of Great Britain, or to his Order, for his Service in 
the Agency to the Thirtieth day of December last past. \_Passed Jan- 
uary 15. 



CHAPTER 238. 



ORDER IMPOWERING THE HEIRS OF JOSH. SCOTTOW DECD TO SURVEY 
AND LAY OUT LAND. 

Legislative A Pp:tition of Habijah Savage Esq"' and other heirs and Descend- 

CouSxvi*!'^ ants of -M"" Joshua Scottow deed. Shewing that the said Joshua Scottow 
^ Advanced Several Sums for the Government in his life time, to the 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 231 

value of more than two hundred pounds, besides his Charge in build- ^°"^® '^,<'\l''- „ 

T»T • i • • -i r\ e T \^ ^ 2 c< 1 A ^ , P, o • n;il, pp. 146,216. 

mg Maintaining and Defending a tort at Scarboro ; for which Services 
and Expences the General Court made him a Grant of One Thousand 
Acres of Land, five hundred whereof to be taken up at Merriconeag 
Neok; which (as appeared afterward) had been formerly Granted to 
the College ; and the other five hundred Acres was never taken up by 
the said Scottow or his heirs, So that they have had no benefit by the 
said Grant and therefore praying that this Court would please to make 
a Grant of so much Land to the petitioners, as is Equivalent to the 
benefit they might have Reced by the said Thousand Acres, if it had 
been laid out to them 

Read and in Answer to this petition, 

Ordered that the pef' heirs of the late Joshua Scottow deced be and 
hereby are Allowed and Impowred to Survey and lay out Two Thou- 
sand Six hundred acres of the Unappropriated Lands of the province 
lying next to Some Town or Township, and two thirds thereof to the 
Eastward, and the other third to the Westward or two thirds to the 
Westward and the Other third to the Eastward; but if the pet" Chuse 
to lay out the Grant in the Province of Mayne, they are hereby Allowed 
and Impowred to Survey & plat three Thousand Acres of the Unap- 
propriated Lands there, Adjoyuing to Some Township and Return a plat 
or plats thereof, to this Court within twelve Mouths for Confirmation 
to the pet" their heirs & assignes to hold as follows, viz' to' the heirs 
of Elizabeth Savage three fifths thereof, to the heirs of Rebecca Black- 
man One fifth, to the heirs of Mary Checkley One fifth, Daughters of 
the said Joshua Scottow in full Consideration of all former Grants 
Debts & Claims whatsoever. \_Passed January 15. 



CHAPTER 239. 

ORDER IMPOWERING SARAH BARRETT AND OTHERS AS GUARDIANS TO 

SELL LAND. 

A Petition of Sarah Barrett Guardian of Susanna Barrett Charles Legislative 
Coffin Guardian of Isaiah Barrett and John Barrett Guardian of Samuel 5^';°'l'?f °* P® 

g~M ~m f , (^OllIJCll, XVI. J 

Graves, Minors the two first of said Minors being Children and the -^^i. 
other a Grand Child of Samuel Barrett late of Boston Shopkeeper deced. House Jour- 
Shewing that the said Samuel Barrett by his last will and Testament Province*'" 
bequeathed to the said Minors three tenth parts of Certain Houses and Laws, ii., loi, 
Lands in Boston, which they hold in Common with the other Heirs, that ^^^^^' 
the said Houses are much out of Repair, and it will be much more for 
the Advantage of the said Minors to have their Interest Sold and Con- 
verted into money ; And therefore praying that the pet" as Guardians, 
may be Impoured to Join with the other heirs in the Sale of the said 
Estate for the benefit of the s*^ Minors. 

Read & 

Ordered that the pef' be and hereby are Allowed to make Sale of the 
Northeast part of the said Houses next the Mill bridge and Creek, they 
giving Security to the Judge of Probate for the County of Suffolk, that 
the Several parts and Shares of Susannah Barrett Isaiah Barrett and 
Samuel Greaves, Interested in said Houses, be Secured for them with 
the Interest and that the Several parts be delivered into the hands of 
their Respective Guardians, to be used and Employed for the use and 
benefit of the said Minors ; and in Case any of them shall dye before 
their Arrival at LawfuU Age, his or her part of the premisses shall be 
Distributed to and Among the Survivours in Such manner as the said 
Houses and Lands would have been distributed, if they had not been 



232 



Province Laws {Resolves^ etc.). — 1735-36. [Chaps. 240, 241.] 



sold ; and in proceeding iu the Sale, to Observe the Rules and direc- 
tions of the Act of the province of the Sixth year of his late Majesty 
King George Chap S'' Relating to the Sale of Real Estates. \_Passed 
January 15. 



CHAPTER 240. 



ORDER APPOINTING A COMteb TO LAY OUT THE LINES OF TOWNS 
BETWEEN THE MERRIMAC AND CONNECTICUT RIVERS AND WEST- 
FIELD AND SHEFFIELD. 



Legislative 
Records of the 
Oouucil, xvi., 

•282. 

Mass. 

Archives, cxY., 
837. House 
Journal, p. 227. 
Ante, p. -225, 
chap. 230. 



In the House of Represent'' 

Ordered that Joseph Gerrish Benjamin, Prescott Josiah AVillard Job 
Almy Esq""^ M' Moses Pierson and Cap* Joseph Gold with Such as the 
Hon''^'' Board shall Join, be a Committee to all Intents and purposes 
to Effect the business projected by the Report of the Com''^'^ of both 
Houses, to Consider the petitions for Townships which passed this day 
viz' on the proposed line between Merrimack and Connecticutt Rivers, 
and on both Sides of Connecticutt River ; and that John Alden Esq' 
Cap* Stephen Skiffe and John Fisher Esq"' with Such as the Hon**'® 
Board shall Join be a Com'*^*^ to Effect the business above projected for 
the Townships on the Road between Westfield and Sheffield \ and that 
there be Granted and Allowed to be paid out of the publick Treasury 
after the Rate of fifteen shillings <p diem to each one of the Comm'*^ 
for every day he is in the Service in the Woods and Subsistance, and 
ten shillings ,^ diem for every day to each one of the said Com'™ while 
iu the Service in Admitting Settlers into the said Townships and Sub- 
sistance to be paid as aforesaid. 

In Council Read & Concurr'd & William Dudley, Samuel Welles, 
Thomas Berry, Joseph Wilder and John Chandler jun"" Esq"^^ are Joined 
with the Com''"'^ of the House for the line between Merrimack and Con- 
necticutt Rivers «fec ^ and Edmund Quincey & Ebenezer Burrill Esq" 
with the Com'™ on the other line. [^Passed January 16. 



CHAPTER 241. 

ORDER OF NOTICE ON THE PETITION OF BENJ^ BUNKER JUN^ ADMINIS- 
TRATOR, FOR STAY OF PROCEEDINGS. 



Legislative 
Records of the 
Council, xvi., 
282. 

House Jour- 
nal, pp. 221, 222. 



A PETITION of Benjamin Bunker jun'' of Boston Tinman Adm'' to the 
Estate of his Mother iu Law Martha Chamberlain of Boston deced Intes- 
tate Shewing that the said Martha died at the house of her Youngest 
Daughter who had possession of her personal Estate and Refused to 
deliver it to the pet"^ after he took Admcon, and Obliged him to bring 
his Action in the Law Against her and her husband, for the Recovery 
thereof, which are not yet Determined that the pef has been Sued by 
Hugh Hall Esq"" for part of the Funeral Charges of the Intestate (which 
the pef is not able to paj-, because he is kept out of the Estate) and 
M"" Hall has got Judgment Against him ; Praying that Execution thereon 
may be Stop'd till he can Recover his Intestates Estate 

Read & 

Ordered that the pef Serve the Adverse party with a Copy of the 
petition, that he Shew Cause if any he have on the first Fryday of 
the next Sitting of the Court, why the prayer thereof Should not be 



1 This order ends here in Mass. Archives, cxv., 839, and no signature appears. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 233 

Granted ; and all further process on the Actions Commenced Ag'' him 
as within mentioned be and hereby are Stayed in the mean time and 
the petition is Referred Accordingly. \_Fassed January 16. 



CHAPTER 242. 

ORDER IMPOWERING ROB^ & MARY WILSON AS GUARDIANS TO SELL 

LAND. 

A Petition of Robert Wilson of Salem in the County of Essex, Sur- Legislative 
viving son of Robert Wilson of Salem aforesaid Deced & of Mary Wil- ^u^clf xvi!*^ 
son Widow of Isaac Wilson dec"^ the other son of the said Robert for 284. 
themselves and as Guardians to their Children pra3'ing that they may House Jour- 
be Impoured to sell five Acres of Upland and A Quarter of an Acre provVnce^*^' ^^^' 
of Marish left them by the said Robert AVilson, in such manner as they Laws, ii., i5i, 
Apprehend they have not power to Dispose of it, without the Aid of '^ ^' 
this Court, which land is Situate at or near Castle Hill in Salem, and 
so hem'd in by land belonging to Benjamin Lynde Esq"^ and other pro- 
prietors that it is but of little profit to the pet" or his Children 

Read & 

Ordered that the prayer of the petition be Granted, and that the 
pet'^ Robert Wilson and Mary Wilson (Attending the Directions of 
the Law of this petition Impowring Executors & admors to Sell Land 
& other Real Estate) be and hereby are notwithstanding any thing 
Contained to the Contrary in the last will and Testament of the Father 
Robert Wilson within named, fully Authorized and Impowred to make 
Sale of the five Acre lot of Upland within mentioned and Execute in 
due form of Law a Deed for the Conveyance thereof to any person that 
will give most for the Same, the produce thereof to be disposed of as 
follows viz' the Improvement & Income of One half thereof to the said 
Robert Wilson, for the Term of his Natural life, he giving bond with 
Sufficient Suretys to the Judge of Probate for the County of Essex, that 
his Executors or Admors shall at his decease pay the principal sum to 
his Children, that shall Survive him, (saving to his Widow in Case he 
should leave any the Improvement or Income of one third part thereof 
during her Natural life She giving Bond Agreeable to the direction of 
y*^ Law to the Judge of Probate for said County) the Improvement or 
Income of One third part of the other half to the said Maiy AVilson, 
for the Term of her Natural life, She also Giving Bond to the said Judge 
with Sufficient Suretys that her Executors or admors shall at her decease 
pay back the principal of what she Receives to the Children of her late 
Husband Isaac Wilson or their Legal Represent'' and the Remaind"' of 
the half last mentioned to be put into the hands of such Guardian or 
Guardians as the aforesaid Judge shall Appoint for the Children of the 
said Isaac Wilson & by them to be let out on Interest for the said Chil- 
drens benefit during their Minority ; and the principal to be paid them 
as they Respectivly Arrive at Age or at the time of Marriage Or in Case 
it should so happen that the said Robert Wilson should dye without Chil- 
dren of Eighteen Years of age or the Children of the said Isaac should 
dye Before they had Attained that Age, then the whole of the produce 
of the premisses (after the expiration of the Respective Widows Terms,) 
shall go to the Surviving Grand Children of the before named Robert 
Wilson, Agreeable to the Directions of the said Will or to their Legall 
Represent" According to the Law of this Province for the Distribution 
of the Estates of Intestates. \_Passed January 16. 



234: 



Province Laws {Besolves,etc.). — 1735-36. [Chaps. 243-245.] 



CHAPTEK 243. 



ORDER IMPOWERING W^*' BUTTERFIELD TO SURVEY AND LAY OUT 300 

ACRES OF LAND. 



Legislative 
Records of the 
Council, xvl., 
284. 

House Jour- 
nal, p. 187. 



A Petition of William ^ Butterfield of Chelmsford, praying for a 
Grant of the Unappropriated Land of the province in Consideration 
of his Great Losses & Sufferings in his Captivity Among the French 
and Indians and the Great Charge he was at for his Ransom, as well 
as for his Service in Killing an Indian in the Year 1735 

Read and the Facts being well Vouched 

Ordered that the pef have leave by a Survey'' and Chainmeu on 
Oath to Survey and lay out, three hundred Acres of the Unappropriated 
Lands of the Province Adjoining to Some Town and Return a plat 
thereof to this Court within twelve Months for Confirmation, to him 
his heirs and Assignes, Provided he or they within three Years from 
the Confirmation of the Grant Settle a Family thereon and also Build 
a Dwelling house of Eighteen feet Square and Seven feet Stud at the 
least, and Clear fence in, and bring to Six acres thereof by plowing or 
Stocking the same with English Grass. \_Passed January 16. 



CHAPTER 244. 



Legislative 
Records of the 
Council, xvi., 
285. 

House Jour- 
nal, p. 230. 
Ante, 11. 232, 
Chap. 240. 



ORDER ALLOWING £50 FOR LAYING OUT EACH OF THE NEW TOWNS. 

Ordered that the sum of Fifty pounds for the laying out and bring- 
ing forward the Settlement of each and every the New Townships latly 
Granted and Ordered by this Court to be laid out at the Charge of this 
Province be Advanced and paid out of the publick Treasury to each of 
the Com"^'' Appointed to lay out the Same, P^ach Com"''' to be Account- 
able for the Sums they shall Respectivly Receive. [^Passed January 16. 



CHAPTER 245. 

ORDER OF NOTICE ON THE PETITION OF DANIEL DRAPER & OTHERS OF 
DEDHAM TO BE ANNEXED TO THE CLAPBOARD TREES PRECINCT. 



Legislative 
Records of the 
Council, xvi., 

285. 

House Jour- 
nal, p. 230. 
Ante, p. 210, 
chap. 195. 



A Petition of Daniel Draper, Nathanael Colburn, Timothy Draper, 
Daniel Draper jun"", Richard Ellis, and Ebenezer Kiugsberry, praying 
that a Com*'''' of this Court may be Sent to View their Situation and 
Circumstances in Order to their being Dismissed with their Estates 
from the South precinct in Dedham, & Annexed to their Neighbours 
latly Settled at the place Called the Clapboard Trees. 

Read & 

Ordered that the pet" Serve the South precinct in the Town of Ded- 
ham with a Copy of tliis petition, that they Shew Cause if any they 
have, on the first Fryday of the next Sitting of this Court, Why the 
prayer thereof should not be Granted. [Passed January 16. 

1 " Samuel," in the House Journal, p. 187. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1735-36. 235 



CHAPTER 246. 

ORDER APPOINTING A COMTEK FOR LAYING OUT THE TOWN TO JN^ 
SIMPSON & OTHERS. 

On the petition of John Simpson and others [awic, p. 224, chap. Legislative 

_jy-. Records of the 

6^oJ Council, xvi., 

In the House of Representatives Ar'in^p's^^c- 

Onlerd that Cap' William Collins & m"" Ebanezer Parker with such 84l 

as Shall be Joyn'd by y" Hono'''" Board be a Committee to take a plat MassT 



Archives, cxv., 



of y"' Within Township, & Efectuall Care y' y^ Same be brought forward lifjl^^lj'^'ii'o'^u^s- 

to all Intents & purposes Agreeable to the Conditions of y*' Grant Journal, p. 23L 

In Couucill Read & Concurr'd & W" Dudly Esq-" is Joynd in y'^ 4'ap:228f*' 



Afair. \_Passed January 16} 



CHAPTER 247. 

ORDER OF NOTICE ON THE PETITION OF DIVERS INHAB'^^ OF MARSH- 
FIELD & SCITUATE TO BE ERECTED INTO A PRECINCT AND REFER- 
RING THE SAME. 

A Petition of Nathanael Eames and a Great Number of other In- Legislative 
habitants of the Northerly part of Marshfield, and the Southerly part counctf, xvi.^^ 
of Situate Calld the two Miles, Setting forth their Difflcultys in Attend- 288. 
ing the publick Worship of God in their Respective Towns, and pray- House .Tour- 
ing to be Erected into a Precinct or that the pet'' belonging to Situate ^^^' p- '^^^■ 
may be Joined to Marshfield, and two Ministers Supported by marsh- 
field by a General Tax 

Read and 

Ordered that the pef' Serve the Town of Marshfield and the Upper 
precinct in Scituate with Copys of this petition that so they may Give 
in their Answers on the first Fryday of the next May Session And the 
petition is Referr'd to that time for further consideration. [^Passed 
March 18. 



CHAPTER 248. 

ORDER REFERRING THE PETITION OF CONCORD &c. Legislative 

Eecords of the 
Council, xvi.. 

On the petition of Divers Inhabitants of Concord Weston & Lex- 288. 

iugton &C [o/ite, p. 169, chap. 98} House Jour- 

Ordered that the Consideration of this petition be Referr'd to the i2V,'i9u,'203,'236! 
next May Session and that the Com'''"' then make their Report. [Passed Ante, p. ley, 
March 18. *'^^-^^- 

> Adjourned to March 17. See Legislative Records of the Council, xvi., 286. 



236 



Province Laws {Resolves, etc.). — ^1735-36, [Chaps. 249, 250.] 



CHAPTER 249. 



ORDER ON MARTIN DETCHEVERYS PETITION FOR LEAVE TO BRING 

AN APPEAL. 



Legislative 
Records of the 
Council, xvi., 

288, 289. 

House Jour- 
nal, p. 239. 



A PETITION of Martin Detchevery of Cape Francois Merchant, Shew- 
ing that he Arrived in this province in the Year 1734, Where he is come 
to Recover Several Debts due to him to a Considerable Value, that he 
was presented at the last Court of General Sessions of the peace for the 
County of Suffolk for an abuse Alledged to be offered by him to One 
Margery Perry, that the Trial was so long Def err'd contrary to his Desire, 
that it was too late for him to Appeal to the Court of Assize, held in Feb- 
ruary last from the Sentence given against him by the Court of Sessions, 
where he was found Guilty of the said Fact with which he was Charged, 
And therefore praying that his Appeal which he made to the Court of 
Assize to be held in August next may be tried at the Adjournment of 
said Court in April next. 

Read & 

Ordered that the prayer of this petition be Granted and the pef" is 
Accordingly hereby Allowed to prosecute the Appeal herein Mentioned, 
at the Court of Assize and General Goal Delivery to be held at Boston 
within and for the County of Suffolk on the Seventeenth day of April 
next by Adjournment ; And the Justices of the said Court are Impowred 
& directed then to hear and Determine the Same ; and the Clerk of the 
Court to Issue out Veniries in the meantime for Summoning Jurors to 
try the said Cause the pef to pay any Extraordinary Charge that may 
be Occasioned by the said Trial, as the said Court shall Judge Reason- 
able the pef to file his Reasons of Appeal in the said Cause in the Clerks 
office of the said Court and Notify John Overing Escf of this Order at 
least fourteen days before the Sitting of the Court. \_Passed March 19. 



CHAPTER 250 



ORDER CONFIRMING A PLAT OF 300 ACRES 

HALES HEIRS. 



OF LAND TO REV. JOHN 



Legislative 
Records of the 
Council, xvi., 
289. Maps and 
Plans, Mis., 
ix.,23. 

Maps and 
Plans, Mis., 
ix., 23. House 
Journal, p. 238. 
Ante, p. 89, 
chap. 190. 



A Plat of three hundred Acres of Land in the Township of Methuen 
laid out by Richard Hazzen Survey'^ & Chain men on Oath to fulfill a 
Grant by this Court made to the Heirs of the Rev'' M"' John Hale deced, 
begining at a pitch pine tree Mark'd on Haverhill line Which is also the 
bounds of Woodburys farm and the Northeast Corner of this Grant; 
thence Runing South and Joining on Haverhill line two hundred and 
Sixty poles to a Swamp White Oak Mark'd, being the Corner bounds 
of the Land laid out to John Choat Esq'' thence Runing about West and 
Joining on said Choats Land about One hundred and Eighty five poles 
to a Stake & Stones ; thence North on Province line two hundred & Sixty 
poles to another Stake & Stones ; Thence J^ast Joining on AVoodburys 
Farm One hundred and Eighty five poles to the place first mentioned 

Read & 

Ordered That the plat be Accepted and the Lands therein delineated 
and described be and hereby are Confirmed to the Heirs of the late Rev- 
erend M'' John Hale of Beverly deceased, their heirs & assigns respec- 
tively for Ever, provided the plat exceeds not the quantity of three 
hundred Acres of Land, and does not interfere with any former Grant. 
\_Passed March 19. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1735-36. 237 



CHAPTER 251. 

ORDER CONFIRMING A PLAT OF 600 ACRES OF LAND TO CAP^ JOHN 

MILES HEIRS. 

A Plat of Six hundred Acres of land laid Out by John Ashley Sur- Legislative 

Records of the 




Cutt Esq"" begining at a black Ash tree Marked being the Northeast Maps and 
Corner of said Pond; thence Runing South 40 Deg'^'' West three hun- Plans, Mis., 
dred and twenty Rods to a Red Oak tree Mark'd Standing on a flat journal, p. 238. 
hill, thence Rnuing West 40 Deg""' North three hundred Rods to a Beach ^"p'fi/'^^' 
tree Mark'd Standing on the South West Side of a Small hill thence 
North 40 Deg East three hundred and twenty Rods to a Chesnut tree 
Marked, Standing on the South West side of a flat Chesnutt Hill, thence 
East 40 Deg : South to the first mentioned Tree 

Read and 

Ordered that the plat be Accepted and the Lands therein delineated 
and described are confirmed to the said John Myles sarah price and 
Anne Creese Children and Heirs of the said John Myles deceased their 
Heirs And Assigns respectively for ever, provided it exceeds not the 
Quantity of Six hundred Acres of Land And does not interfere with 
any former Grant. \_Passed March 19. 



CHAPTER 252. 

ORDER IMPOWERING JOSIAH MARSHALL & OTHERS TO SELL LAND. 

A PETITION of Josiah Marshall, Benjamin and Mary Soper, Thomas Legislative 
and Deliverance Baxter, and Ebenezer Heath, Shewing that their Grand- Records of the 

(JOllDCll XVI 

father Edmund Sheffield Settled an house & five Acres of land in Brantry, 29o. '' ' 
bounding Northerly on the highway, on the pef' father and mother John House Jour- 
and Mary Marshall and after their Decease to their Children Lawfully nai,p_p.236,237. 
begotten, and their heirs and Assignes ; and for as much as the said Laws, ii., isi, 
Laud cannot be divided Among the pet" without damage and the pet" ^^^^' ^°' 
are all desirous to Sell it, praying that they may be Impowa*ed by this 
Court to Sell the said Land, the part of the said Heaths Children (being 
minors) to be Employed for their benefit 

Read and 

Ordered that the prayer of the petition be Granted ; and the pet" are 
hereby Authorized and Lnpowred to make Sale of the House and Land 
and premisses within mentioned, for the Most the same will fetch, and 
to pass and Execute in due form of Law a Good Deed or Deeds of 
Sale and Conveyance thereof, as well the said Minors parts and pro- 
portions, as the Rest, and herein the pet" are directed to proceed Agree- 
able to the Act of this province of the Sixth Year of his late Majesty 
King George Chap. 3'^ Relating to the Sale of Real Estates ; Provided 
Nevertheless, that the pef Ebenezer Heath be & hereby is obliged to 
give f nil and Sufficient Caution to the Judge of Probate for the County 
of Suffolk for the Minors parts of the purchase money, that it be put 
under Improvement on Interest, which Interest shall be duly & Annually 
paid to the Lawful! Guardian or Guardians of the said Minors for their 



238 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 253-255.] 



use during their Minority, or Until Marriage ; the principal to be paid 
them as they shall Respectivly Arrive at Age or be Married. [^Passed 
March 19. 



CHAPTER 253. 



ORDER CONFIRMING A PLAT OF A TOWNSH^' GRANTED TO THE HEIRS 
OF CAPT RAYMENT &c. 



Legislative 
Records of the 
Council, xvi., 
291. Maps and 
Plans, Mis., 
ix., 14. 

Maps and 
Plans, Mis., 
ix.,J.4. House 
Journal, 
pp. 240, 241. 
Ante, p. 144, 
chap. 41. 
Infra, chap. 
254. 



A Plat of a Tract of Land laid out by William Gregg Survey'" and 
Chain men Under Oath, of Six Miles Square, to fultill a Grant of a 
Township, made by this Court to the officers and Soldiers in the Canada 
Expedition under Cap' William Rayment &c lying on the West Side of 
Merrimack River Adjoyuing to the South side of the Township Sur- 
veyed by Jer. Cummins 

Read and 

Ordered That the plat be Accepted, and the Lands therein delineated 
and described be aud hereby are confirmed to the Heirs, descendants, 
or lawfull Representatives of the said Cap' William Rayment late of 
Beverly deceased and the other Grantees mentioned in the petition of 
Robert Hale Esq*" in their behalf passed this Court in tlieir late Sitting ; 
and to their Heirs and assigns respectively for Ever, provided the plat 
exceeds not the quantity of Six Miles square ; And Sixteen hundred 
and forty two Acres Allowed for swag of Chain and bad land within 
the Tract, and does not interfere with an}' former Grant, provided also 
the petitioners & Grantees their heirs or assigns comply with the con- 
ditions of the Grant. \_Passed March 20. 



Legislative 
Records of the 
Council, xvi., 
291. 

House .Jour- 
nal, p. 241. 
^Twpra, chap. 
253. 



CHAPTEE 254. 

ORDER FOR ASSEMBLING THE GRANTEES OF A TOWNSHIP GRANTED TO 
HEIRS OF CAP'' WILLIAM RAYMENT &c. 

Ordered that Robert Hale Esq'' be and hereby is fully authorized and 
Impowred to Call the first Meeting and Assemble the Grantees of the 
Town ^ lately G rante d to the heirs and Lawfull Represent" of Cap' Wil- 
liam Rayment deced and other Grantees &c in Some Convenient time 
and place to Chuse a Moderator and Clerk and pass such Votes and 
Orders as they may Judge Necessary for Compliance with the Condi- 
tions of the Grant and how future Meetings shall be Called. [_Passed 
March 20. 



CHAPTER 255 



ORDER CONFIRMING A PLAT OF A TOWNSH^ GRANTED TO JOHN 

SIMPSON &c. 



Krds'ofthe ^ ^^"^"^ ^^ ^ Township of Six Miles Square, Granted by the General 
Council, xvi., Court to Johu Simpson & others. Surveyed by Jarahmeel Cummins & 
pians^^Mis.''^'^'^ Chainmeu on oath ; begining at a Beach tree, being one of the Corners 

ix., 17. of the Narraganset Town Number five, and in the North line of the 

Narraganset Town Number three, thence Runing West 2 deg South 
by the said Town Number three four Miles and three Quarters to the 



Maps and 
Plans, Mis., 
ix.,17. House 



' This township was called Weare, New Hampshire. 



[1st Sess.] Province Laws (Mesolves, etc.). — 1735-36. 239 

North West Corner of the said Township, then on the same Course One Journal, p. 240. 
Mile & One hundred & twenty Rods, to a Birch tree ; thence North two ^hap! -246^'^^' 
deg: West b}^ Province lands Six Miles & forty two Rods, to a White /»/m,chap. 
pine tree Mark'd ; Thence South 2 deg : east partly by province Land & 
partly by the Narraganset Town Number five to the Beach first men- 
tioned 

Read and 

Ordered That the plat be Accepted and the Lands therein delineated 
and described be and hereby are confirmed to the said John Simpson, 
and the other Grantees mentioned in their petition passed tlie last Sit- 
ting of the Court their heirs & assigns respectively for ever provided 
the plat exceeds not the quantity of Six Miles square, and One thou- 
sand acres of Land an allowance for ponds within the Tract, and does 
not interfere with any other or former Grant, provided also the peti- 
tioners their heirs or assigns comply with the conditions of the Grant. 
[Passed March 20. 



CHAPTER 256. 

ORDER FOR MEETING OF GRANTEES OF TOWNSHIP GRANTED TO JOHN 
SIMPSON AND OTHERS. 

Voted That John Simpson and the other Grantees, of the Contents Legislative 
of Six Miles Square for a Township ^ pass'd this Court at their last Qofi^'^lli^ xvi^^ 
Session be and hereby are fully Authorized when they give Bonds to 29-2 . 
the Com'"*^ Appointed to Assemble and Chuse a Moderator and Clerk House Jour- 
and pass such Votes and orders as they may See Necessary for their ^ItJ^'p^^^-u^ 
Complyance with the Terms of the Grant and how and where future chap. 228. 
Meetings of the Proprietors shall be Called And the said John Simp- 255!"^"' ° ^^' 
son is fully Impowred to Call the first Meeting. \_Passed March 20. 



CHAPTER 257. 

ORDER CONFIRMING A PLAT OF A TOWNSHIP GRANTED TO IPSWICH 

INHAB'''*. 

A Plat of a Tract of Land laid out by Jonas Houghton Survey'' and Legislative 
Chainmen on Oath to fulfill a Grant of Six Miles Square of Laud for councii, xvi., 
a Township made by the General Court to the Lihabitants of the Town pjaus^^Mis '^""^^ 
of Ipswich Bordering Southerly on a Township laid out to Tileston & ix.', 6.' 
others Canada Soldiers and adjoyning to the Town of Towushend Maps and 

Read and . Plans, Mis., 

xveau a,nu j^ ^ House 

Ordered That the within plat be and hereby is Accepted as it is .TouiDa!, p._242. 

reformed by the prickt lines within Set forth so as the township adjoins chap'. 229. ^' 

to Townshend and the Lands within Mentioned and so described are 

Confirmed to the Grantees mentioned in the Grant of the township 

made by this Court in their late Sitting to sundry Inhabitants of the 

Township of Ipswich on the prayer of John Wainw^right and John 

Choat Esq" ; and to their heirs and assigns respectively for Ever they 

performing the Conditions of the Grant provided the plat exceeds not 

the quantity of Six Miles square of Land and does not interfere with 

any former Grant. [Passed March 20. 

1 This township was called New Boston, New Hampshire. 



240 



Province Laws {Besolves, etc.). — 1135-36. [Chaps. 258-260.] 



CHAPTER 258. 



Legislative 
Records of the 
Couucil, xvi., 
293. 

House Jour- 
nal, p. 241. 
Ante, p. 108, 
chap. 236. 



ORDER DIRECTING THE NAMES OF THE HEIRS OF JOHN FISH TO BE 
ADDED TO THE NARRAGANSETT LIST. 

A Petition of John Fish' of Hadham in the Colony of Connecticutt 
Praying for Some Consideration from this Conrt on the Account of 
the_Services & Sufferings of his Father John Fish ' late of Wenham 
deced in the War against the Indians in the Company under the Com- 
mand of Cap' Lothiop 

Read & 

Ordered that the heirs and Lawf ull Represent of the said John Fish ' 
deced be Entitled to An Equal Share in the Narragansett Claims and 
to be Inserted in the Narragansett Lists now taking in the Room of any 
Claim which has been Accidently twice Eutred. [_Fassed March 20. 



CHAPTER 259. 

ORDER IMPOWERING THO^ TILESTON TO SURVEY AND LAY OUT 220 

ACRES LAND. 



Legislative 
Records of the 
Council, xvi., 
300. Mass. 
Archives, 
xlvi., 66. 

Mass. 
Archives, 
xlvi., 6.'5-68. 
House Jour- 
nal, p. 206. 



A PETITION of Thomas Tilestone praying for a Grant of Laud in 
consideration of his Services Against the Indians & French, in Sev- 
eral Marches & Expeditions 

Read And 

Ordered that the Petitioner have Leave by a Surveyor and Chain- 
men on Oath to Survey and lay out Two Hundred Acres of the un- 
appropriated Lands of the Province adjoyning to Some former Grant 
and return a plat thereof to this Court within Twelve months for Con- 
firmation to the Petif his Heirs and Assigns, provided he or they do 
within the Space of three Years break up bring to, and fit for mowing 
and plowing and well inclose Six Acres of the Granted premisses and 
build an House thereon of Eighteen feet Square and Seven feet Stud 
at the least, and have a Family actually dwelling thereon within Said 
Term. \_Passed March 20.^ 



Legislative 
Records of the 
Council, xvi., 
293. 

House Jour- 
nal, pp. 238, 241. 
Ante, p. 212, 
chap. 197. 



CHAPTER 260. 

ORDER APPOINTING A COMMITTEE ON THO^ & ZABADIAH ASTINS PETI- 
TION FOR LEAVE TO PURCHASE LAND. 

A Petition of Thomas & Zabadiah Astin of Metbuen, Shewing that 
they being Reduced to great Difflcultys Adventured to Settle upon a 
Tract of Province Land in said Town, Consisting of about One hundred 
and thirty Acres, and have Built and made Considerable Improvements 
thereon ; Since which this Court have Granted Seventy Acres of said 
Land to M"" Thomas Chandler, and if he should take the same it would 
be Ruinous to the pet'' And therefore praying that M' Chandler may 
take his land in Some other place and that the lands first mentioned 
may be Confirmed to the Pet"^' on such Terms as may be thought proper 

Read & 

1 The House Journal, p. 241, reads, "John Fisk." 

2 This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvi., 300, the date is March 25. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 241 

Ordered that Richard Saltonstal Esq'' be desired to Repair to the 
Land petitioned for, to be purchased that he Carefully view the Same 
and Report his Opinion of the Value thereof Exclusive of Improvements 
or Buildings to this Court ; in their next May Sessions and this petition 
is Refered for Consideration Accordingly. \_Passed Marcli 23. 



CHAPTEK 261. 

ORDER IMPOWERING JOS. EPHRAIM JUN^ & AND'' ABRAHAM JUN« 
INDIANS, TO SELL LAND. 

A Petition of .Joseph Ephraim jun' of Natick and Andrew abraham Legislative 
jun' of Grafton Indians, Shewing that they are Proprietors of a parcell coundf, xVl,^ 
of Land containing about Forty four Acres, which is Undivided, and 294. 
which they cannot Improve to Advantage ; And therefore praying that House Jour- 
this Court would Grant them leave to Sell the Same The produce to pr^j^Vm^^^' ^^^" 
be laid out in Building and llnishing Comfortable Houses for the pet" Laws, ii., i5i, 

clitii) 10 

and purchasing of Cattle and Utensils for Husbandry & Improvement 
of their Lands at Natick 

Read & 

Ordered that the prayer of the petition be Granted, and the pet" are 
Accordingly hereby Allowed and Inipowred to make Sale of the said 
Forty four Acres of land in Grafton for the Most the same will fetch 
and to Give and Execute in due form of Law a Good Deed or Deeds 
of Sale or Conveyance thereof, and in proceeding therein to Observe 
the Rules and directions in the Act of this Province made in the Sixth 
Year of his late Majesty King George Relating to the Sale of Real 
Estates Chap 3'' and Francis Fullam Esq'' & M"^ Eben'" Allen are also 
hereby fully Authorized and Impoured to see .Justice done to the said 
Indians in the Sale of the said Lands, and also that the proceeds thei'eof 
be duly & truly Applied to and for the use and purposes set forth in 
the petition. \_Passed Marcli 23. 



CHAPTER 262. 

VOTE IN REGARD TO AGENT WILKS ACCO^. 



An Accompt presented by Francis Wilks Esq'' Agent for this Prov- Legislative 
ince in London of his Disbursments for this province from the 24"' councif, xvi.,^ 
July 1734 (when the last Acco' ended) to the 20"' of September 1735 ^ 



Amounting to the sum of £101. 4. 7. HouseJour- 

Read & for as much as it Appears that on the 18"' day of December ("ueVember, 
1734, After M"" Wilks's last Accompt of Disbursments was allowed {yf*^ 'JJf/g^^' 
there was in his hands the Sum of Ninety pounds one Shilling and p^'ss, chap. 
Seven pence Steii= that on the Thirty first of the same Month the fur- ^^^" 
ther Sum of Five hundred pounds Sterling was Ordered to be Remitted 
to him, both which Sums make five hundred & Ninety pounds One 
Shilling & Seven pence of which he has P^xpended in the Service of 
the Province the Sum of One hundred & Ninety One pounds four shil- 
ling's & Seven pence as by his Account of Disbursments of the 20"* 
of September last appears 

Voted That M'' Agent Francis Wilks Esq'' have Credit in his Acco* 
Currant with this Province for the said sum of One hundred and Ninety 
one pounds four shilling's and Seven pence SterF, and that he further 



242 



Province L,aws (Hesolves, etc.). — 1735-36. [Chaps. 263-265.] 



Account for the Ballance uow Remainiug in his hands being Three 
hundred and Ninet}^ Eight pounds Seventeen shillings Sterling, besides 
the Seven hundred pounds which is in his hands for the use of the 
House of Represent'' which he is Accountable to them for. \_Passed 
March 23. 



CHAPTEK 263. 



Legislative 
Records of the 
Council, xvi., 
294. 

House Jour- 
nal, p. 248. 
Ante, p. 213, 
chap. 201. 



ORDER REFERRING THE PETITION OF INHAB'^s OF REHOBOTH & BAR- 

RINGTON. 

On the petition of Divers Inhabitants of Rehoboth & Barrington 
[ante^ p. 213, chap. 201] 

Read & 

Ordered that the Consideration of this petition be Referred to the 
Second Wednesday of the next May Sessions, And that the Town of 
Swansey then give in their Answer thereto. \_Passed March 23. 



IjCgislative 
Records of the 
Council, xvi., 
296. 

House Jour- 
nal, p. 242. 
Ante, p. 216, 
chap. 208. 



CHAPTER 264. 

ORDER LIMITING THE TAX ON UNIMPROVED LANDS TO THE SOUTH 
PART OF WORCESTER ONLY. 

A PETITION of John Chandler jun' Esq"" in behalf of the Selectmen 
of the Town of Worcester for the last Year Shewing that whereas by 
their petition to this Court, Referred at the last Sitting thereof, they 
Represented that the Non Resident proprietors had paid no more than 
One hundred pounds towards the Settlement and Support of the Min- 
istry And thereupon Obtained an Order for laying a Tax of One penny 
<p Acre on all the Unimproved lands in the said Town for the Support 
of the Minister there the said Represent was made by Mistake, It now 
Appearing that the said Proprietors have paid many hundreds of pounds 
for the uses aforesaid ; And therefore praying that the said Tax of One 
penny p Acre may be Restrained to the Southerly part 

Read and 

Ordered that the prayer of the petition be Granted, and the Tax of 
One penny <j? acre within mentioned is hereby Restrained to the Un- 
improved Lands of the Nonresident Proprietors of the South part- of 
Worcester only; which is to be Applied for the better Support of the 
Rev*^ Minister of that part of the Town and for no other use, as as^ An 
addition to his Salary, and the former Order for a Tax on the Non 
Resident Proprietors in General is hereby Superceeded and Declared 
Null and Void. {^Passed March 24. 



CHAPTER 265. 



Legislative 
Records of the 
Council, xvi., 

297. 

House Jour- 
nal, p. 2.10. 



ORDER CONFIRMING A PLAT OF A NEW TOWN ABOVE BERWICK. 

A Plat of the Lotts laid out in the New Township above Berwick, 
Granted by the General Court with the names of the Several persons 
to whom they are alotted laid out by Joseph Chadburn Survey' and 
Chainmen on Oath 

> Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 243 

Rpifi tfe , ■ Province 

lieau ex. ^ ,. , Laws, xi., 778, 

Ordered that the plat be Accepted and the Lands therein Dehneated chap. 174. 
and Described be and hereby are Confirmed to the Grantees within .[^^'y'". ciiap. 
named, their heirs and Assignes Respectivly forever, they fully com- 
plying with the Conditions of the Grant ; provided the plat exceeds 
not the Quantity of Six Miles Square and does not Interfere with any 
former Grant. ^ \_Passed March 24. 



CHAPTER 266. 

ORDER ANNEXING DEDHAM S" INHAfiTs TO THE CLAPBOARD TREES 

PRECINCT. 

On the petition of Daniel Draper and others Inhabitants of the Legislative 
South Precinct in Dedham {ante, p. 234, chap. 245] Councu" xvi!!^ 

Read and the partys Attending were Admitted into the House, and 297^ 

being heard to make their pleas and Allegations for and Against the House .Jour- 
prayer thereof they withdrew And the House having fully Debated and ^ltF,'^^lu, 
Considered the Same chap! 245. 

Voted that the pet" with their Estates from and after the Term of 
three Years from this time be and hereby are Dismissed from the South 
Precinct, in Dedham and for the future be Annexed and Accounted as 
part of the Society of their Neighbours at the Clapboard Trees to do 
duty with them in the Support of the Ministry in that part of Dedham 
as well as other Ministerial Charges there. [^Passed March 24. 



CHAPTER 267. 

ORDER ALLOWING THE ACCOUNT OF THE COMMITTEE FOR LAYING 
OUT THE LOTS IN THE NEW TOWN ABOVE BERWICK. 

An Accompt presented by William Pepperill Esq"" of money Received ^|fords^of the 
by the Committee for Lotts in the New Township above Berwick the council, xvi., 

Ballance whereof is £109. 8. 10. '^Hi 

Read and Ho"se Jour- 

Ordered that William Pepperill Esq"' the Chair man of the Com'^^ for Ante, p. 88, 
Settling and Admitting the Grantees in the New Township at the head p',^242,^chap. 
of Berwick in the County of York, be and hereby is Impoured to let 265. 
out the Ballance of the within Account (Moeing One hundred and Nine 
pounds Eight Shillings & ten pence in favour of the Grantees of the 
said Township) on Interest on good Security ; And when the said Gran- 
tees have Effectually fulfilled the Conditions of the Settlement of their 
Grants, the said William Pepperil Esq' is to be Accountable to them 
their heirs and Assignes for the said Ballance & Interest arising thereon. 
[^Passed March 25. 

' Afterwards a part of Lebanon, Maine. 

•^ Mark of parenthesis inserted from the State Library copy, Legislative Records of the 
Council, xvi., 298; 



244 



Province Laws (Besolv es, etc.). — 17 d5-3Q. [Chaps. 268, 269.] 



Legislative 
Reoords of the 
Council, xvi., 

298. 

House Jour- 
nal, p. 165. 



CHAPTER 268. 

ORDER IMPOWERING JOS SWAN TO SURVEY AND LAY OUT 160 ACRES 

OF LAND. 

A PETITION of Joseph Swau of Methuen, Setting forth his Services 
for the Province in the late Wars Against the Indians, Praying for a 
Grant of province Land in Said Town of about One hundred and Sixty 
Acres bordering South on Woodmans Farm, West on Greens & Ser- 
gents Farms, Northerly on Higginsons Farm & Easterly on Haverhill 
line 

Read and in Answer to this petition, 

Ordered that the pef have leave b}^ a Survey'' & Chain men on Oath 
to Survey and lay out One hundred and Sixty Acres of the Province 
Land in the Township of Methuen to begin on Woodmans farm on the 
South West on Greens & Sergents Farm North on Higginsons Farm 
and Easterly on Haverhill line and Return a plat thereof to this Court 
within twelve Months for Confirmation to him his heirs and Assignes 
on Condition that he or they within three Years from the Confirmation 
of the Grant Settle a Good family on the premisses, who are to live 
thereon, and fence in and plough up bring to and fit for English Grass 
five Acres thereof, and also within the said Term build a Convenient 
Dwelling house of Eighteen feet Square & Seven feet Stud, at the 
least, fit for the Reception and Accommodation of the Said Family. 
\_Passed March 25. 



CHAPTER 269. 



ORDER IMPOWERING SAM. & REB. SEAVALL TO SELL LAND. 



Legislative 
Records of the 
Council, xvi., 

298. 

House Jour- 
nal, pp.246, 255. 



A PETITION of Samuel Sewall Esq"' & Rebecca his Wife Shewing that 
they hold five hundred Acres of land in the Town of Dudley, which was 
left to the said Rebecca and the heirs of her Body Lawfully begotten, 
by her Father the late Gov'' Dudley ; which said land lyes in three Des- 
tinct parts, One of which Contains One hundred and fifteen Acres ; 
Praying that they may be Lnpowred by an order of this Court to Dis- 
pose of the said peice of Land and lay out the produce thereof in Fenc- 
ing and Clearing the Remainder and paying the Taxes thereon 

Read & 

Ordered that the prayer of the petition be Granted and that the 
pef^ be and hereby are authorized and Impowred to make Sale of One 
hundred and fifteen Acres of the Land within mentioned, the produce 
thereof to be Disposed of for building on the Pef'' other Lands, within 
mentioned, and Fenceing Clearing & bettering the Same, & for paying 
any Taxes arising thereon Provided the pef^' Give Bond to the Judge 
of Probate for the County of Worcester & his Successors in said Office 
for the fulfillment of this order. \_Passed March 25. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 245 



CHAPTER 270. 

ORDER REFERRING THE TAUNTON PETITION FOR THE ANNEXATION ^^S*^l^"^^.. 
OF NATH'- WILLIAMS LAND. CouncU, xvi!!^ 

•298. 

On the petition of the Select men of Tauuton, \_ante^ p. 185, chap. House Jour- 

J4.J1 nal, p. 251. 

Ordered that the further Consideration of this petition be Referred chap', ui. 
to the first Tuesday of the next May Session. \_Passed March 25. 



CHAPTER 271. 

ORDER GRANTING £15 PER ANNUM FOR THREE YEARS TO JOS^ JONES. 

A Petition of Josiah Jones of Concord, Shewing that the Wounds Legislative 
which he Received of the Indian Enemy while in the Service of this councu^ xvi!*^ 
Province Under Cap' Lovewell, are not yet healed, nor like to be, And '^fj*- 
therefore praving for Some further Allowance from this Court for his House Jour- 
Support ^ ^^I'P-^^^- 

Read and in Answer to this Petition, 

Ordered That a Pension of Fifteen pounds p annum be and hei'eby 
is Granted and Ordered to be Allowed and paid out of the Publick 
Treasury to the Pet" Josiah Jones during the Term of three Years to 
Commence from the Expiration of the Term of the last pension,^ Settled 
on him by this Court. \_Passed March 25. 



CHAPTER 272. 

ORDER FOR A GRANT OF LAND TO HOUSATANUCK INDIANS. 

A Report of a Conferrence held by Ebenezer Pomroy and Thomas Legislative 
Ingersol Esq""' by Order of this Court with the Housatanock Indians, couucif, x^K^ 
Relating to a purchase of Lands for their Settlement 299- Mass. 

A.rciiivGS 

Read, and the same being fully considered xxix.,3i6. 

Voted that the honourable John Stoddard Esq"" Ebenezer pomroy and ^^ii^_ 
Thomas Ingersole Esq" be a Committee fully authorized and impowered -^^?'3*^£?' 
to lay out a township not exceeding the quantity of Six Miles square unto House Jour- 
the Houssatonnoc Tribe of Indians in upper Houssatonnoc lying and ^^^'256.' ^ Prov^.* 
being above the Mountain. & upon Houssatonnoc River, said Indians inc'e Laws, i., 
to be subject to the Law of the province made & passed in the thirteenth Ante, ^?i\i, 
Year of King William 3*^ Cap XXI, with respect to said Lands, and ^^^v- 198- 
that the said Committee be hereby impowred to lay out unto the Rev- 
erend M"^ John Sargent their Minister, and M"" Timothy Woodbridge 
their School Master One Sixtieth part of the said township to -Each 
of them to accommodate them in a Settlement of said Land to be to 
Each of them & their heirs and assigns, and that said Committee lay 
out a sufficient quantity of Land within said township to accommodate 
four English Families that shall Settle upon the same to be under the 
direction & disposition of the Committee by & with the advice of M"" 
Sargent and M"^ Woodbridge ; And the Committee are hereby further 

' No record of a previous pension has been found ; an allowance was granted Josiah 
Jones, a sufferer from the Pigwacket fight, in 1725. — Province Laws, x., 720, chap. 406. 
" MS. mutilated. 



246 



Province Laws {Besolves, etc.). — 1735-36. [Chaps. 273, 274.] 



impowred to dispose of y^ Lauds that are reserved to said Indians in 
tiie town of Sheffield, & mentioned in the Committees report in order 
to make Satisfaction so far as the same will go, to the pro[)rietors. And 
owners of the Land hereby granted : And the Committee are [further]^ 
impowred to give the proprietors of upper Houssatonuoc that live below 
the Mountain an equivalent in some of the unappropriated Lands of the 
province next adjacent to Upper Houssatonuoc, Sheffield, & said granted 
town ; And the Committee are hereby further impowred to make the pro- 
prietors of upper Houssatonuoc above the Mountain an equivalent in 
some of the unappropriated Lands of the province in different places ; 
provided the same in the Judgment of the Committee shall not preju- 
dice any township that may here after be granted ; the same to be in 
full satisfaction for such of their Lands as are hereby granted to the 
Houssatonuoc Tribe. \_Passed March 25. 



CHAPTEE 273. 

VOTE IMPOWERING ZACH. LOVEWELL & OTHERS TO SURVEY AND LAY 
OUT 2,130 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 
299. 

House Jour- 
nal, pp. 196, 212, 
256. Province 
Laws, xi., 704, 
Chap. 132. 



A Petition of Zacheus Lovewell, Thomas Colburn, Peter Powders, 
Josiah Cummins, Heniy Farewell jun'^ and Nicholas Crosby, Shewing 
that they Served as Voluntiers Against the Indian Enemy under Cap' 
Lovewell either in his first or Second March that all the Rest of Cap' 
Lovew^ells Soldiers have had Land Granted them by this Conrt but the 
pet" have as yet had none And therefore Praying for a Grant of Prov- 
ince Land 

Read ife 

Voted That Twenty one hundred and Thirty Acres of the Unappro- 
priated Lands of the province Adjoyning to the Township of Suncook 
be and hereby is Granted to the Six petitioners within mentioned, their 
heirs and Assignes Respectivly, and that they be Allowed and Impowred 
by a Survey"" and Chain men on Oath to Return a plat thereof in a Reg- 
ular form to this Court within twelve months for Confirmation Accord- 
ingly ; Provided they Settle Six f amilys thereon within four years from 
the Confirmation of the Grant; each Family to have a Dwelling house 
of Eighteen feet Square and Seven feet Stud at the least, and well fin- 
ished, & each family or Settler to Clear fence and bring to English Grass 
or Tillage Six Acres ; And on failure thereof such Right or Interest of 
such Defective Grantees to Revert to tlie Province ; The Pet" to give 
Bond to the Province Treasurer and his Successors in the said office in 
the sum of Forty pounds each to fulfill the Conditions of this Grant and 
Said Land to be Annexed to the Township of Suncook for the present 
and to do duty & Receive priviledge Accordingly. [Passed 3Iarch 25. 



Legislative 
Records of the 
Council, xvi., 
300. 



CHAPTER 274. 

ORDER IMPOWERING THO« CHANDLER TO SURVEY AND LAY OUT AN 
EQUIVALENT GRANT OF LAND. 

A Petition of Thomas Chandler of Andover Shewing that whereas 
this Court were pleased to Grant him Seventy Acres of Land, lying in 

• MS. mutilated ; inserted from the State Library copy, Legislative Records of the Coun- 
cil, xvi., 299. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 247 

the Town of Methueu, he fiuds that the said Land is possessed by other House Jour- 
persons (as he Supposes by Intrusion) And therefore praying for Lib- ^nte,'v^ln, 
erty to lay out his Grant in anotlier place in the said Town, with Some chap. 197. 
Addition of Land for the Charge he has been at in the Affair 

Read & 

Ordered that the prayer of the petition be Granted, and the pef 
is Allowed to make a New pitch of his Land Accordingly. \_Passed 
March 25. 



CHAPTEK 275. 

ORDER FOR A MEET« OF GRANTEES OF IPSWICH NEW TOWN. 

Ordered That Thomas Berry Esq'' be and hereby is Authorized and ^Ifordfof tijg 
Impowred to Assemble and Convene the Proprietors and Grantees Council, xvi., 

of the New Township,^ latly Granted to Some of the Inhabitants of — 

the Town of Ipswich, in Some Convenient place and Suitable time, to naTpp'255\^6 
Chuse a Proprietors Clerk and pass such Votes and Orders as they shall Ante, p.^239, 
Judge Necessary for Carrying on the Settlement of the New Township *^ *^^' '" 
in the Most Speedy Manner, Agreeable to the Conditions of the Grant 
and how to Call their Meetings for the future. \_Passed March 26. 



CHAPTER 276. 

ORDER ON PETITION OF THE SELECTMEN OF THE TOWN OF HATFIELD 
IN REGARD TO THE SUPPORT OF A CHILD. 

A Petition of the Selectmen of the Town of Hatfield, Shewing That Legislative 
One Samuel Fairfield, being Accused at the Court of General Sessions councif.xvi.,^ 

of the peace for the County of Hampshire in September last by one ^^ 

Silence Hastings of being the Father of a Bastard Child born of her House Jour- 
Body, was bound in a Bond of Seventy pounds by Order of the said °' '^^' ' 
Court, to Maintain the said Child ; which he has failed to do. And the 
said Town are put to the Charge thereof ; And therefore Praying that 
the said Town may have the benefit of that Bond to Reimburse them 

Read & in Answer to this petition, 

Voted That when the Seventy pounds within mentioned shall be paid ' 
into the Province Treasury, his Majestys Justices of the peace for the 
County of Hampshire at their General Sessions shall after they have 
Determined what shall be just & Reasonable for bringing up or other- 
wise disposing of said Child, Upon Application made to them for that 
purpose by the Overseers of the poor of the Town of Hatfield, Certify 
by their Clerk to the Treasurer of the province for the time being 
annually, the Charge that shall arise Upon Accompt of the said Child ; 
And the Treasurer is hereby Authorized and Directed to pay the said 
Overseers or their Order such Sum or Sums as is so Certified to be due 
for the purpose aforesaid so as not to exceed the sum of Forty pounds 
without the further Order of this Court. [^Passed March 26. 

> This township was called New Ipswich, New Hampshire. 



248 



Province Laws {Resolves, etc.). — 1735-36. [Chaps. 277, 278.] 



CHAPTER 277. 



ORDER IMPOWERING THE TOWN OF UXBRIDGE TO SURVEY AND LAY 
OUT 500 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 
220, 301. 

House Jour- 
nal, pp. Ill, 
256, 257. 



A Petition of Robert Taft and John Harwood a Com'^® for the Town 
of Uxbi'idge Setting forth that Altho they are a New town & their 
Inhabitants few in Number and of little Estates Yet they are Extreemly 
burthened with the Charge of building & Repairing Eight large Bridges 
in the said Town and therefore praying for a Grant of Province Land 

In Consideration of the Smallness & low Circumstances of the Town 
of Uxbridge «fe the great Number of Bridges with the Necessity and 
Usefulness of Several of them for those who Travell from the Neigh- 
bouring Governments & Supply the Province with many Commoditys, 

Voted That five hundred Acres of the Unappropriated Lands of the 
Province lying in the County of Worcester & Adjoyning to Some Town- 
ship, be & hereby is Granted to the Town of Uxbridge for their lu- 
couragem' in Building & Repairing the Bridges in said Town, & that 
they be allowed & Impowred by a Survey"" & Chainmen on Oath to Sur- 
vey & lay out the Grant & Return a plat thereof To this Court within 
twelve months for Confirmation to the said Town of Uxbridge and their 
Assignes for ever. \_Passed March 26. 



Legislative 
Records of the 
Council, xvi., 
302. 

House Jour- 
nal, pp. 246, 260. 
Province 
Laws, ii., 761, 
chap. 8. 



CHAPTER 278. 

ORDER ON CHARLESTOWN SELECTM'* PETITION IN REGARD TO A TOWN 

MEETING. 

A PETITION of the Selectmen of the Town of Charlestowu, Setting 
forth the Difficultys the said Town is Under by Reason of their dis- 
putes arisen among the Inhabitants at the Choice of Officers for this 
present Year, as to the Construction of the Law of the province made 
this present Year, Referring to such Elections ; and Praying that this 
Court would Confirm the Votes and proceedings of said Town in their 
Meeting held on the Eighth day of March Instant 

Read and the Selectmen of Charlestown Chosen at their late Anni- 
versary Meeting and Sundry Inhabitants of the said Town Objecting 
to Some Irregularitys in the proceedings in the said Meeting attending 
were Admitted into the House and fully heard on the proceedings of 
the said Town therein as well on the Regularity as on the Objections 
to the Irregularity of some of the proceedings in the said Meeting and 
then they withdrew ; And the House having fully considered the same 
On a Motion made and Seconded 

The Question was put Whether it Appears that the proceedings of 
the said Town in their last Anniversary Meeting were Regulated Accord- 
ing to Law It passed in the Negative Nemiue Contradicente and there- 
upon 

Voted That the said proceedings be deemed Null & Void and that 
the Selectmen of the said Town for the Year 1735 do forthwith Issue 
forth a Warrant to Assemble their Inhabitants (Qualified by Law to 
Vote in Town Affairs) ^ in order to Chuse Selectmen & Other Officers 
and to Transact any other NeedfuU town business and that the said 
Selectmen, before a Moderator be Chosen, & the Moderator after he 

1 Mark of parenthesis inserted from the State Library copy, Legislative Records of the 
Council, xvi., 302. 



[1st Sess.] Province Laws (liesolves, etc.). — 1735-36. 249 

Shall be Chosea do Carefully Attend to & Observe the directions of 
the Law in Judging of & Determining the Qualification's of such as 
may offer their Votes at said Meeting. [^Passed March 26. 



CHAPTEK 279. 

ORDER ALLOWING /6 PER LB. ADDITIONAL TO HEN. TISDALE FOR 
MAKING IRON RAILS FOR STEPS TO THE PROVINCE HOUSE. 

A Petition of Henry Tisdale, Shewing That whereas he has been Legislative 
Allowed but two shillings & nine pence p pound for the Iron Rails by coimcif xvK^^ 
him made for the Province he shall be a great Looser thereby Unless 3Q'^- 
Relieved by this Court and therefore praying for Some Consideration House Jour- 
for his Said Work ^il%^:'''- 

Read & chap. 184. 

Ordered that there be allowed & Granted to be paid out of the pub- 
lick Treasury to the pef Six pence ^ pound for making the Iron Rail 
Fence at the Province house over and above the two shillings & nine 
pence p pounds as within mentioned. [_Passed March 26. 



CHAPTER 280. 

ORDER ACCEPTING THE COMMITTEES REPORT ON JOHN QUICKSETT &c 

PETITION. 

Isaac Lothrop Esq'' from the Com'^" on the petition of John Quick- ^®?'^'f*K®.y^ 
sett & others [aw^e, p. 209, chap. 192] gave in the following Report council, xvi., 
viz' ^^ 

The Committee Appointed to Inquire into the Matter of Complaint ^"^i"®® "^2^^262 
of John Quickset & John Thomas, in behalf of themselves and the Ante, p. 209, 
Rest of the Indians in Pembroke Relating to the Strip and Waste & ^^^^' ^^^' 
Incroachments made by one Patience (whom they call the Queen) on 
the Indian Lands there. Having Repaired to Pembroke and Notified 
the partys concerned, and fully heard them on the Affair, are of Opin 
ion that altho the pef^ did not make out their Right to the said Land 
before the Committee, Yet that the said Patience Makes great Destruc- 
tion on the said Land, by Disposing of the Wood and Timber for little 
or Nothing ; which has been preserved for fenceing the same, and will 
soon destroy the whole, if due Care be not taken ; lay which means the 
Land will be very much Discommoded, if not Rendred Useless : Where- 
fore to prevent the same, the Com"''^ are humbly of Opinion that some 
Meet persons should be Appointed by this Court as Overseers or Guar- 
dians to take Care of said Land & the owner or owners thereof. All 
which is humbly Submitted by 

Isaac Lothrop in the name of the Com''"' 

Read & 

Ordered that this Report be Accepted and that John Alden Esq'' & 
Cap' Nehemiah Cushing of Pembroke be and hereby are appointed to 
take Care of the Land within Mentioned, and prevent any Strip or 
waste being made thereon as also to prosecute such persons as shall 
do so. [^Passed March 26. 



250 



Province Ijawh (Hesolves, etc.). — 11Z5-3Q. [Chaps. 281-283.] 



CHAPTER 281. 



ORDER ALLOWING £173. 16 TO PHIL. BONGARDEEN. 



nal, p. 260. 
Province 
Laws, xi., 631, 
chap. 12'i. 



Legislative A PETITION of Philip Bongardeen, Shewiug that he was at great Ex- 

Coundf, xvi!r pence for the Relief and Subsistanee of a Company of poor Palatines, 

303. brought into Marthas Vineyard by Cap' Jacob Lob, and more partic- 

HouseJour- ularly in his prosecution of the said Lob for his Cruel Treatment of 
them ; which prosecution was ordered by the General Court ; And 
therefore praying that he may be Allowed his Said Charge Amount- 
ing to the Sum of £173. 16 out of the Publick Treasury with Some 
Consideration for his time and Trouble therein 
Read & 

Ordered That the sum of One hundred and Seventy three pounds Six- 
teen shillings be Granted and paid out of the publick Treasury to Philip 
Bongardeen the pef in full Satisfaction for his Charge time and Trouble 
on Acco' of the Palatines as within mentioned. [_Passed March 26. 



CHAPTER 282. 

ORDER OF NOTICE ON THE PETITION OF EDM» GOFFE ESQ" FOR LEAVE 
TO FILE A COMPLAINT. 



Legislative 
Records of the 
Council, xvi., 
303. 

House Jour- 
nal, p. -261. 
Ante, p. 160, 
chap. 77. 



On the PETITION of Edmund Goffe Esq' [ante, p. 160, chap. 77] 

Read & 

Ordered that this petition be & hereby is Revived & that the pet"^ 
Serve the Adverse partys the said Stacy & Tucker with a Copy of 
the petition that they Shew Cause, if any they have, on the fii'st 
Tuesday of the next Sitting of the General Court why the prayer 
thereof Should not be Granted. [Passed March 26. 



CHAPTER 283. 

ORDER FOR A MEETING OF THE GRANTEES OF THE TOWN GRANTED 
TO ABRA. TILTON &c. 



Legislative 
Records of the 
Council, xvi., 
301. 

House Jour- 
nal, pp.25.T,'256. 
Ante, p. 142, 
chap. 39. 



Ordered That Thomas Berry Esq' be fully Authorized & Irapowred 
to Assemble and Convene the Proprietors & Grantees of the Canada 
Township^ on the petition of M' Abraham Tilton & others of Ipswich 
&c in Some Suitable place and Convenient time to Chuse a proprietors 
Clerk and pass Such Votes and Orders as they may think Necessary 
for the Regular Carrying on the Settlement of the said Township, 
Agreeable to the Conditions of the said Grant & to Agree how meet- 
ings shall be Called for the future. [Passed March 27. 

1 This township was Winchendon. 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 251 



CHAPTER 284. 

ORDER APPOINTING A COMMITTEE TO LAY OUT A TOWNSHi" TO 
GLOCESTER INHAB's. 

In the House of Represent^ Kfds'of the 

Ordered that Cap' John Allen & Cap' William Collins with Such as Council, xvi., 

the Hon''^'' Board shall Appoint be a Committee Impowred & directed ^ 

to take a Survey of & plat the Town Near North Yarmouth or Else Sau'pagMes. 
where, Granted to Sundry Inhabitants of Glocester,^ and make Report 
thereon, and take Bonds for the performing the Conditions of the 
Grant. 

In Council Read & Concurr'd & Ebenezer Burrill Esq'' is Joined in 
the Affair. \_Passed March 27. 



CHAPTER 285. 

ORDER FOR A MEET"^ OF PROPR^^ OF TOWNSHIP ABOVE BERWICK. 
Ordered That M'^ Richard Lord be and hereby is fully Authorized legislative 

xtGcortis or tQ6 

■and Impowred to assemble or Convene the Grantees or Prop" of the council, xvi., 

New township- latly Granted at the head of Berwick in the County of ^^^i 

York, in Some Convenient place, and Suitable time, on due Notice ^.^"^,^258"'^" 
given, to Chuse a Prop" Clerk and pass Such Votes and Orders for Jnte/p.'-zk, 
their due Regulation and Effectual Compliance with the Conditions of ^^^^^' '^^^' 
the Grant, as they shall See Meet and also Agree how their future 
Meetings shall be Called. [^Passed March 27. 



CHAPTER 286. 

ORDER CONFIRMING A PLAT OF 320 ACRES OF LAND TO JOHN QUINCEY 

ESQ!'. 

A PLAT of three hundred & twenty Acres of Land (being part of a Legislative 
Grant of five hundred Acres) made to John Quincey Esq"" and laid out counclf xvf'^ 
by William Ward Esq'' and Chain men on Oath being between the Town 305. Maps and 
of Brookfield & the Land Called Brantry Grant ix!)"!! '^'' 

Read and Maps and 

Ordered That the within plat be and hereby is Accepted, and the Plans, Mis., 
Lands therein delineated and described be and hereby are confirmed journal, 
to the honourable John Quincy Esq'' (speaker) his heirs and Assigns ^^^,vf '''1' ^fog 
for Ever in part satisfaction of a Grant of this Court made him in the chap! iss. 
late sitting of Five hundred Acres of Land provided the plat contains 
no more than the quantity of Three hundred and twenty Acres with 
the usual Allowance for swagg of Chain and does not interfere with 
any former Grant, and M'' speaker Quincy is hereby allowed to return 
Another plat of Some of the unappropriated Lands of the province to 
satisfie the remainder of his said Grant. [_Passed March 27. 

• This township was New Gloucester, Maine. 
' This township became Lebanon, Maine. 



252 



Province Laws {Resolves, e^c.). — 1735-36. [Chaps. 287, 288.] 



Legislative 
Records of the 
Council, xvi., 
306. 

Mass. 
Archives, 
Ixxii., 441. 
House Jour- 
nal, pp. 246, 264. 
Ante, p. 141, 
chap. 3"; p. 142, 
chap. .39; p. 232, 
chap. 240. 



CHAPTER 287. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO 
THE DESCENTS OF THE GRANTEES OF THE CANADA TOWNS. 

The Committee Appointed to Consider and Report tlieir Opinion 
what may be proper to be done on the Message from the Board of 
Jaury 16 last Relating to the more Effectual bringing forward the 
Settlement of the Canada Towns so Called, are of Opinion, That the 
Grants Respectivly of the four Townships viz' Gallop Newell, Tile- 
stou, & Tiltons, so Called, which were made to the officers and Sol- 
diers in the Canada Expedition Anno 1690, and the Descendants of 
such as are Since Deceased, are well Explained by the Order of this 
Court of the 26 of June last ; and the Several Com'"'' Appointed to 
lay out and bring forward the Settlement of the Said Four Townships 
and all other Com'*^^' thereafter to be Appointed for the like Service, 
are by the same Order fully Impowred and Directed, as to the Admis- 
sion of the Grantees &c, and shall be obliged to proceed Accordingly ; 
and instead of their Transmitting into the Secretarys office Lists of 
the Respective Grantees &c they shall be and hereby are Obliged to 
take the best Care they can in Examining & Regulating the Claims 
of all persons that shall Appear as heirs descendants or Represent", 
and shall make and keep fair Lists of the names and places of Resi- 
dence of the Respective Grantees or Settlers of the said Towns, in 
Order to prevent Mistakes in Settling and Regulating the Claims and 
admission of the Grantees ; And further the Com'"'*' are of Opinion, 
that the Grantees Admitted or that may be Admitted into the two 
Townships, Granted to Shubal Goreham & Samuel King & others In 
which Grants, thro Some omission, no Bonds are ordered to be Given, 
there be the Same Bonds Given to the Treasurer of the Province and 
in the Same manner as has been ordered in and by the other Grants, 
that have been made to the Canada Soldiers That in as much as the 
Grants, made to the Canada officers & Soldiers are to be laid out & 
the Settlers to be Admitted at the Expence of the province which 
Expence is not to be Reimbursed by the Grantees as is provided in 
the Grants of the line of Towns so Called the said Expence and 
Charge shall be Allowed & Advanced out of the publick Treasury 
to the Amount of Fifty pounds for each Township and no more and 
if it exceeds that sum it shall be paid by the Grantees before they 
draw their Lotts. \_Passed March 27. 



Legislative 
Records of the 
Council, xvi., 
307. 

Mass. 
Archives, 
cxvi., 18. 
House Jour- 
nal, pp. 125, 263. 
Infra, chap. 
289. 



CHAPTER 288. 

ORDER IMPOWERING JON^ POWERS & OTHERS TO SURVEY AND LAY 

OUT A TOWNSHIP. 

A Petition of Jonathan Powers and a great Number of Others Pray- 
ing for a Tract of Province Land for a Township whereon to Settle them- 
selves and their Familys on the Rear of North Yarmouth 

In Answer to this petition of Jonathan Powers John Hnnt & others 
Voted That the prayer of the petition be Granted and that . . . 
Together with such as shall be Joined by the Hon''^*= Board, be a 
Com'"^'' at the Charge of the pef' to lay out a Township of the Con- 
tents of Six Miles Square, at the place petitioned for as near as the 
same may be, and that they Return a plat thereof to this Court within 



[1st Sess.] Province Laws {Resolves, etc.). — 1735-36. 253 

twelve Months for Confirmation ; and for the More Effectual bringing 
forward the Settlement of the said New town, 

Ordered That the said Town be laid out into Sixty three Equal shares, 
One of which to be for the first Settled Mhiister, One for the Ministry, 
and one for the School ; and that on Each of the other Sixty Shares 
the pet"^' do within three Years from the Confirmation of the plan, have 
Settled One Good family, who shall have a house built on his Home- 
lot of Eighteen feet Square and Seven feet Stud at the least, and fin- 
ished, that each Right or Grant have Six Acres of Land brought to «fe 
plowed or brought to English Grass and fitted for Mowing, and that 
they Settle a Learned Orthodox IMiuister and build & finish a Con- 
venient Meeting house for the Publick Worship of God ; And the said 
Com'^*^ are hereby directed to take Bond of each Settler of Eorty pounds 
for his FaithfuU Complyance with or performing the Conditions of the 
Settlement ; and in Case any of the said Settlers Fail of performing the 
Conditions, then his or their Right Share or Interest in the said Town 
to Revert to and be at the Disposition of the Province.^ \_Passed 
March 27. 



CHAPTER 289. 



ORDER FOR SURVEY^ THE TOWN SHIP GRANTED TO JONATHAN Legislative 

POWERS AND OTHERS. Counc'if xvf^ 

_ 307. 

Ordered that the Com'®* Appointed for Runing the lines between North House Jour. 
Yarmouth and the Province Land be Impowred and directed to take a "^li^-f^f^Q 
Survey & plat of the Township on the Rear of North Y''armouth, Granted chap! 264." ' 
to Jonathan Powers & others A make Report thereon & take Bond of |«i-'^«. chap. 
the Grantees According to the Courts Order. \_Passed March 27. 



CHAPTER 290. 

ORDER GRANTING JOHN SHAWS PETITION TO FILE REASONS OF APPEAL. 

A PETITION of John Shaw of Boston Blacksmith Shewing That he Legislative 
brought his Action of the Case at the Inferiour Court held at Boston comK-ff, x^vf ,^ 
for the County of Suffolk in July last, Against PMward Payne of Boston 2^^. 308- 
aforesaid, for the Recovery of Forty two pounds 12/4 That Judgment House Jour- 
went Against him from which he Appealed to the next Superiour Court ^'^^i-P-^es. 
and Recognized but thro Mistake, his Reasons of Appeal were not filed 
in Season, Therefore praying that he may be Allowed to file his Reasons 
of Appeal to the next Superiour Court and have a Trial of his Cause 

Ordered that the praj'er thereof be Granted, and that the pef John 
Shaw be and hereby is Impowred to file his Reasons of Appeal to the 
next Superiour Court of Judicature to be holden at Boston within 
and for the County of Suffolk ; and the Justices of the said Court are 
Authorized and Impoured to hear & determine the said Appeal Accord- 
ingly ; Provided the said pet"^ Serve the Adverse party with a Copy 
hereof fourteen days at least before the Sitting of the said Court. 
\_Passed March 27. 

1 There is no mention of any appointment of a committee by the Council in any of the 
records for this particular purpose. 

The record in Mass. Archives, cxvi., 18, stops with reading: " Voted that the Prayer of 
the Petition be granted and." The committee was the one appointed to run the boundary 
between North Yarmouth and the Province lands. — House Journal, p. 263, infra, chap. 
289, and ante, p. 120, chap. 264. 



251 



Province Laws {Eesolves, etc.). — 1735-^6. [Chaps. 291, 292.] 



CHAPTER 291 



ORDER CONFIRMING A PLAT OF A TOWNSHIP FOR CAPT W. 

COMPA. 



TYNGS 



Refofds'of the ^ ^^^"^ ^^ ^ Township of Six Miles Square, Granted to the Company 
Council, xvi., formerly Under the Command of Cap' William Tyng deced, laid out 
PhinsfMis.r"'^ by Joseph Blanchard Survey"" and Chainmen On Oath ; lying on the 
^•' ^^•' East side of Merrimack River Bounded Northerly on Suncook Town- 

Mapsand ship, West on merrimack River South on Litchfield & East on a line 

x.^2i.' House ptin-alel to the said River, and three Miles distant from it; but by 
aZI^pWoC^^' I^<^^s"" of tlie Land Reserved by the Province within said Grant the 
chap'. 229. ' Land is 1,6«0 Acres Short of Six Miles Square 
Read and 

Ordered that the plat be Accepted and the Lands therein delineated 
& described be and hereby are confirmed to the Grantees mentioned 
in the petition of Hildreth and shipley in behalf of the officers and 
soldiers in the Company under the Command of the late Cap' William 
Tyng dec'^ their heirs & assigns respectively for Ever, exclusive of the 
former Grants within mentioned, & the reserved Land for the Common 
benefit of taking Fish at Amaskeeg Falls, and provided it does not 
exceed the quantity of twenty two thousand three hundred & Sixty 
Acres of Land besides, and interferes with no other Grant, and the 
Grantees are allowed to make a new pitch of Sixteen hundred and Eighty 
Acres in the province Lands else [where] ^ & return a plat thereof to 
satisfie the remainder of the Grant. [Passed March 27. 



CHAPTER 292. 



Legislative 
Records of the 
Council, xvi., 
309. 

House .Jour- 
nal, p. 251. 
Ante, p. 216, 
chap. 209. 



VOTE AW LINE BETWEEN WRENTHAM & BELLINGHAM. 

The following Vote passed both Houses on the Return made by 
Edmund Quincey Esq"" and others a Com'*''' of the Court for Stating the 
line between Wrentham and Bellingham viz' 

Voted That this Settlement of the Boundary' line between the Towns 
of Wrentham and Bellingham be Recorded in the Secretarys Office in 
the Book of Commissions &c, from this Government ; and that the said 
Reported Line be and hereby is determined to be the Dividing line 
or boundary between the Towns of Wrentham and Bellingham ; any 
former Vote or Order of this Court to the Contrary Notwithstanding. 
\_Passed March 27. 

» Inserted from the State Library copy, Legislative Records of the Council, xvi., 308. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1736. 



[255] 



LEGISLATIVE LIST^ 



1736. 



His Excellency JONATHAN BELCHER, 
Captain-General and Governor-in-chief, etc. 

JOSIAH WILLARD, Esq., 

SECKETARY of the PROVINCE. 

SIMON FROST, 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 ; 



Benjamin Lynde 
Thomas Hutchinson 
Edmund Quincey 
Paul Dudley 
Samuel Thaxter 
John Turner 
William Dudley 
Jonathan Remington 
.John Osborne 



ESQRS. 



Ebenezer Burrill 
Francis Foxcroft 
Josiah Willard 
Jacob Wendell 
Anthony Stoddard 
Samuel Welles 
Thomas Berry 
Joseph Wilder 
Ebenezer Pomroy 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Colony of New Plymouth; 

Isaac Winslow ) Meletiah Bourne 

John Cushing ! ^^Q^^' Seth Williams 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Province of Mayne; 

William Pepperil, Samuel Came & Jeremiah Moulton, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying betiveen 
the River of Sagadahock & Nova Scotia; 

.John Jeffries, Esq. 

See Legislative Records of the Council, xvi., 311-314. 

[257] 



258 Province Laws (i?eso?ves, ete.). — 1736. [Representatives.] 

For the Province^ at large : — 
Thomas Gushing & Isaac Lothrop, Esqrs. 



REPRESENTATIVES or DEPUTIES. 
Maij 26, 1736 to February 4, 1736. 



Mr. JOHN- QUINCEY, Speaker. 



County of Suffolk. 

Boston, . . . Elisha Cooke, Esq., 

Mr. Oxenbridge Thatcher, 
Mr. Thomas Gushing, 
Mr. Timothy Prout. 

Roxbury, . . John Bowles, Esq. 

Dorchester, . . Thomas Tilestone, Esq. 

Milton, . . . Capt. Jonathan Gulliver. 

Brantree, . . John Quincey, Esq. 

Weymouth, . . Capt. Adam Gushing. 

Hinghani, . . Capt. James Hearsey. 

Dedham, . . John Metcalf, Esq. 

Medjield, . . Mr. Joshua Morse. 

Wre?itham, . . Jonathan Ware, Esq. 

Stoughton, . . Mr. William Royall. 

Brooklyn, . . Samuel White, Esq. 

Needham, . . John Fisher, Esq. 

Medway, . . Capt. Edward Clark. 

County of Essex. 
Salem, . . . Daniel Epes, Esq., 

Benjamin Browne, Esq. 
Ipsivich, . . . Mr. Benjamin Crocker, 

Mr. Thomas Norton. 
Newbury, . . Henry Rolfe, Esq., 

Charles Pierce, Esq. 
Lynn, . . . Capt. William Collins. 
Marblehead, . Mr. Jeremiah Gatchell, 

Mr. Jeremiah Allen. 
Haverhill, . . Richard Saltonstall, Esq. 
Rowley, . . . Capt. John Hobson. 
Salisbury, . . William Bradbury, Esq. 
Olocester, . . Mr. William Haskell. 
Andover, . . Mr. Joseph Parker. 
Beverly, . . . Capt. Henry Herrick. 
To2Jsfield, . . Capt. Joseph Gould. 
Wenham, . . Mr. William Fairtield. 
Boxford, . ... Mr. John Symonds. 
Bradford, . . Capt. Richard Bayley. 
Amesbury, . . Mr. John Blaisdell. 

CouViTY OF Middlesex. 
Cambridge,. . William Brattle, Esq. 



County of 

Charlestoivn, . 



Watertown, 

Concord, . 

Neivton, . 

Sudbury, 

Marlboro, 

Qroton, . 

Chelmsford, 

Sherbicrn, 

Billerica, 

Woburn, . 

Reading, 

Maiden, . 

Lexington, 

Weston, . 

Medford, 

Dunstable, 

Littleton, 

Wilmington, 

Eopkinton, . 



Middlesex — Concluded, 
Mr. Samuel Webb, 
Ezekiel Cheever, Esq. 
Nathaniel Harris, Esq. 
Mr. Samuel Chandler. 
John Greenwood, Esq. 
Mr. John Haynes. 
Mr. Joseph Rice. 
Benjamin Prescott, Esq. 
Mr. Jonathan Barron. 
Mr. William Leyland. 
Capt. Benjamin Thomson. 
Mr. Josiah Pierce. 
Mr. Ebenezer Parker. 
Mr. Jacob Wilson. 
Capt. Joseph Bowman. 
Francis Fullam, Esq. 
Mr. William Wilson. 
Capt. Joseph Blanchard. 
Mr. Caleb Taylour. 
Samuel Dummer, Esq. 
John Jones, Esq. 



County of Hampshire. 
Springfield, . William Pynchon, Jr., Esq. 
North hamj)ton, Ebenezer Pomroy, Esq. 
Hatfield, . . . Mr. Oliver Partridge. 
Hadley, . . . Eleazer Porter, Esq. 
Westfield, . . Thomas Ingersol, Esq. 
Suffield, . . . Capt. Josiah Sheldon. 



York, . . 
Kittery, . 
Welles, . 
Berwick, 
Falmouth, 



County of York. 
. Mr. Richard Mil berry. 
. Richard Cutt, Jr., Esq. 
. Joseph Hill, Esq. 
. Mr. Richard Lord. 
. Mr. Moses Pierson. 



County of Worcester. 
Worcester, . . John Chandler, Esq. 
Lancaster, . . Capt. Ephraim Wilder. 
Mendon, . . . Capt. Thomas Thayer. 
Woodstock, . . Mr. William Lyon. 



[Representatives.] Province Jjaws (Besolves, etc.). — 1736. 



259 



County of Worcester — Concluded. 
Brooklyn, . . Joseph Dwight, Esq. 
Lunenburg, . Josiah Willard, Esq. 
Shrewsbury, . Naham Ward, Esq. 
Sutton, . . . Mr. Percival Hall. 
Leicester, . . Mr. Christopher Jacob Law- 
ton. 

County of Plymouth. 

Plymouth, . . James Warren, Esq. 

Duxbury, . . Col. John Alden. 

Scituate, . . . John Gushing, Jr., Esq. 

Marshfield, . . Mr. Thomas Foster. 

Bridgtvater, . Capt. Josiah Edson. 

Middlebord, . . Mr. Elkanah Leonard. 

Rochester, . . Mr. Timothy Ruggles, Jr. 

Plymjitoii, . . Mr. John Wright. 

Pembroke, . . Elisha Busby, Esq. 

County of Barnstable. 

Barnstable, . . Shubal Goreham, Esq. 
Sandwich, . . Mr. Stephen Skiife. 



County of Barnstable — Concluded. 
Yarmouth, . . Mr. Samuel Sturgis, Jr. 
Eastham, . . Mr. William Payne. 
Harwich, . . Edmund Freeman, Esq. 
Falmouth, . . Mr. Seth Barker. 

County of Bristol. 
Charles Church, Esq. 
Samuel Williams, Esq. 
Mr. Joseph Peek. 
Peter Bradford, Esq. 
Thomas Church, Esq. 
Job Almy, Esq. 
Capt. Samuel Cornell. 
Ephraim Leonard, Esq. 
Mr. Thomas Gage. 



Bristol, . . . 

Taunton, . . 

Rehoboth, . . 

Swanzey, . . 
Littlecomx)ton, . 

Tiverton, . . 

Dartmouth, . . 

Norton, . . . 

Freetoion, . . 



Chilmark, 



Dukes County. 
. Payne Mahew, Esq. 



In the County of Nantucket. 

Sherburn, . . George Bunker, Esq. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-sixth Day of May, A.D. 1736. 



CHAPTEK 1. 

ORDER ACCEPTING THE ACC^' OF THE COUNTY TREAS« OF YORK. 

An Accompt presented by Jeremiah Moulton Esq"" Treasurer of the Legislative 
County of York for the Year 1735 ; Having been laid before the Court council^ xv£® 
of General Sessions of the peace for the said County and by them an. 

Allowed ; House Jour- 

Read& nai.pp.io.u. 

Ordered that this Accompt be Allowed and Accepted. [Passed 
June 1. 



CHAPTEE 2. 

ORDER ACCEPTING THE BARNSTABLE COUNTY TREAS^^ ACC^. 

An Accompt presented by Ebenezer Lewis Esq'' Treasurer of the Legislative 
County of Barnstable for the Year 1735 ; Having been laid before the councff xvi''^ 
Court of General Sessions of the peace for said County & by them 317. 

allowed; House jTour- 

Read & °'^*' P- !*• 

Ordered that this Accompt be Accepted and Allowed. \^Passed 
June 1. 



CHAPTEE 3. 

ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO SAMUEL FIELD. 

A Plat of two hundred Acres of Land laid out by Nath' Kellog Sur- Legislative 
veyor & Chain men on Oath, to fulfill a Grant made by this Court to councif xvi*^^ 
Samuel Field Bounded Westerly on Northfield Northerly Easterly & 317. Maps and 
Southerly on Province Land ; begining at a heap of Stones in Northfield ^"^' ^' 
East bounds Near to which are a black Oak & white Oak & from thence pians'^x.*! 
North 7 deg. 30 min. West, two hundred perch to a White pine tree io<er.' House 
marked with SF from thence East 7 deg. 30 min' North One hundred l4°)te,°p.'is6, 
& Sixty perch to a Stake & Stones from thence South 7 deg «& 30 ^iiap. 130. 
min' East two hundred to a ^ perch to a dry pine & from thence turned 
& Closed. 

Read and 

Ordered that the plat be Accepted, & the Lauds therein Delineated, 

■ Sic ; the words "to a" are omitted in the State Library copy, Legislative Records of 
the Council, xvi., 317. 

[261] 



262 



Province Laws (Resolves^ etc.). — 1736. [Chaps. 4, 5.] 



and described be and hereby are Confirmed to the said Samuel Field 
his Heirs and Assigns for Ever provided the plat exceeds not the quan- 
tity of two Hundred Acres of Land, and does not interfere with any 
former Grant. \_Passed June 1. 



CHAPTEE 4 



ORDER CONFIRMING A PLAT OF A TOWNSHIP TO THO^ TILESTONE & 

OTHERS. 



Legislative 
Becords ot ttie 
Council, xvi., 
317. Maps and 
Plans, X., 19. 

Maps and 
Plans, X., 19. 
House Jour- 
nal, p. 15. 
Ante, p. 142, 
cliap. 39. 



A Plat of a Tract of Laud of Six Miles Square Granted to Thomas 
Tilestone Esq'^ & others for a Township laid out by Jonas Houghton 
Survey'' and Chain men on Oath, Bounding Southerly on the Narra- 
gansett Township Number two, Westerly on a Township laid out for 
Tilton & others. Northerly on a Township laid out for Ipswich, & 
Easterly, part on Townshend & part on Lunenburg It begins at a Hem- 
lock the North Easterly Corner of the said Narraganset Town, & Runs 
west 18 deg. South Seven Miles Wanting twenty Rods from thence 
North 12 deg. East eight Miles & two hundred Rods ; & from thence 
East twelve Deg. South Seven Miles & One hundred perch ; from 
thence Southerly by said Townshend line one Thousand One Hundred 
& twenty Rods & by Lunenburg line Six hundred & twenty Rods to 
where it first began. 

Read and 

Ordered That the within plat be and hereby is Accepted, and the 
Lands therein delineated and described are accordingly confirmed to 
the Grantees mentioned in the petition of Thomas Tilestone Esq'' and 
others in behalf of sundry Officers & soldiers in the Canada Expedition 
Anno 1690, which passed this Court in their late Sitting, and to their 
heirs, assigns, and lawfull Representatives respectively for Ever, they 
complying with the Conditions of the Grant, provided the plat exceeds 
not the quantity of Six miles square of Land ; with an Addition of three 
thousand eight hundred and fifty Acres for Farmes formerly granted & 
contained in the plat, and three hundred acres allowed for ponds ; and 
does not interfere with any former Grant. \_Passed June 1. 



CHAPTER 5 



ORDER APPOINTING A COMMITTEE FOR BURNING TORN & DEFACED 
BILLS OF CREDIT. 



Legislative 
Records of the 
Council, xvi., 
B18. 

House Jour- 
nal, p. 14. 



In the House of Represent' 
Ordered That M' Front, John Chandler, Ezekiel Cheever, Ricliard 
Cutt, and Benj'' Prescott Esq"^" M"" Allen, and John Bowles Esq"^ wdth 
such as shall be Joined by the Hon'^'*^ Board be a Com''^'' to Receive 
of Jeremiah Allen Esq"^ Treasurer and Receiver General of this his 
Majesty's province Such Bills of Publick Credit on the province in the 
publick Treasury, as are torn defaced or Rendered Unfit for further 
Service, and on Receipt thereof, to Cause the same to be Consumed & 
burnt to Ashes ; and to give M'' Treasurer a Receipt therefor the Com''^'' 
to Report thereon In Council Read & Concurr'd and William 

Peperill William Dudley John Jeffries, Jacob Wendell and Samuel 
Welles Esq''* are Joined in the Affair. \_Passed June 1. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1736. 263 



CHAPTER 6. 

ORDER OF NOTICE ON THE PETITION OF JOHN RICH & OTHERS OF 
BILLINGSGATE IN REGARD TO ERECTING A MEETING HOUSE. 

A PETITION of John Rich for himself and in behalf of Sundry others Legislative 
Inhabitants of the precinct in Eastham, Called Billingsgate, Setting counc'if, x vi!^^ 
forth Sundry Irregularitys in the proceedings at the Meeting of the sis. 
said precinct in October last, Respecting the place for Setting a new House Jour- 
Meeting house on, which they are now framing ; And praying the order "*^'P- i*- 
of this Court that all the said proceedings may be set aside and a new 
Meeting Called for the purposes aforesaid, or that a Com"''' May be 
Appointed to View the precinct & determine the place for Erecting 
their proposed New Meeting house on. 

Read & 

Ordered that the pet" Serve the precinct of Billingsgate (so Called) 
in Eastham with a Copy of the petition that they shew Cause (if any 
they have) on Tuesday the fifteenth Currant why the prayer thereof 
should not be Granted. [^Passed June 1. 



CHAPTER 7. 

ORDER OF NOTICE ON THE PETITION OF JOSEPH WRIGHT & JISTO HEALD 
A COMMTEE FOR ACTON PRAYING FOR A TAX OF THREE PENCE PER 
ACRE ON LAND. 

A PETITION of Joseph Wright of Concord and John Heald of Acton, Legislative 
a Com"^^ in behalf of the Town of Acton, praying that all the Unim- counclf xvL,^ 
proved Lands in said Town belonging either to the Resident or Non- 3i9. 
resident Proprietors may be Subject to a Tax of three pence ^ acre ^ House Jour, 
annum for three Years, to be Applied for Building a meeting house, 'I'li. pp- is. is. 
and Settling a minister ; which petition was Accompanied by a Certifi- 
cate of a number of Nonresident Proprietors, Setting forth their Will- 
ingness to be Subject to the said Tax 

Read & 

Ordered that the pef' give publick Notice to the Resident and Non- 
resident proprietors of the Unimproved Lands in Acton, as well in Cam- 
bridge the Shire Town of the County, wherein the Lands lye that they 
Shew Cause if any they have on the first Tuesday of the next Sitting 
of the Court why the prayer thereof should not be Granted and the peti- 
tion is Referr'd to that time for further consideration. \_Passed June 2. 



CHAPTER 8. 

ORDER DIRECTING THE PAYMENT OF £54. 16. 9 TO THE COMMITTEE 
ON THE CONCORD LEXINGTON AND WESTON AFFAIR. 

The Com'''^'' Appointed to Repair to the Eastern part of Concord the Legislative 
Northerly part of Weston and the Westerly part of Lexington, to View counc'if, xvi!^® 
the Situation & Consider the Circumstances of those parts, and the Sev- 3i9. 
eral Towns before mentioned, brought in the following Report viz' Legislative 

Pursuant to the order of the Great and General Court on the peti- Sncff, x*vi!!® 



264 



Province Laws {Resolves, etc.). — 1736. [Chaps. 9, 10.] 



■224. House 
Journal, pp.16, 
17. Ante, 
p. 236, chap. 

248. 



tion here uuto Annexed, the Com'^^ Appointed to Repair to the place 
mentioned in the said petition, prayed for to be a Township, to View 
& Consider the Situation thereof, and the Circumstances of the pet" 
as also of the Towns Mentioned in the petition, and hear all part3's 
concerned ; have Carefully performed that Service and are of Opinion 
that the prayer of the petitiou be not Granted : Which is humbly Sub- 
mitted by Fra^ Foxcroft ^ order 

Read & 

Ordered that this Report be accepted, And the Question being put, 
Whether the prayer of the petition be Granted It pass'd in the Nega- 
tive & 

Ordered that the petition be Dismiss'd ; And further that the Charge 
of the View Amounting to Fifty four pounds Sixteen shillings & Nine 
pence be paid as follows. Eighteen pounds to the Com""* of this Court 
for their Attendance & Travell by the Pet" Eighteen pounds Eight shil- 
lings & four pence by the Town of Concord, and the Remainder by the 
Towns of Weston & Lexington in Equal proportion ; and that the Re- 
spective Sums aforementioned be put into the hands of Francis Fox- 
croft Esq"" & by him to be paid to the persons to Whom the same is 
Respectivly due. [_Passed June 2. 



CHAPTER 9. 



ORDER FOR A DUPLICATE OF THE PLAN OF PATUCKET RIVER. 



Legislative 
Records of the 
Council, xvi., 
32(K 

House .Jour- 
nal, p. 16. 
Ante, p. 174, 
chap. 114. 



Ordered That Charles Church Esq'' be Desired to Obtain a Duplicate 
of the plan of Patuckett River, and Branches Adjoyning to the Gore 
in Attleboro, as the same was lately taken by Disinterested Surveyor's 
and Chainmeu on Oath Administred to them by some Justices in the 
Colony of Connecticutt ; And that he take Care that the whole of the 
proceedings in that matter witli the Justices power who Administred 
the oaths be Certified by the Governour and Secretary ; and duly Au- 
thenticated Under the publick Seal of that Colony and make Return 
thereof as soon as may be. \_Passed June 2. 



CHAPTER 10. 

ORDER OF NOTICE ON THE PETITION OF THE CHILDREN OF JN'^ ELIOT 
TO SET ASIDE THE PROBATE OF HIS WILL. 



Legislative 
Records of the 
Council, xvi., 
320. 

House .Jour- 
nal, pp. 13, 14. 
Province 
Laws, ii., 152, 
chap. 10. 



A PETITION of Daniel Lunt and Sarah his wife, David Colby and 
Elizabeth his wife, and Naomi Eliot Spinster, which Sarah Elizabeth 
&. Others are Daughters of John Eliot of Amesbury in the County of 
Essex Yeoman deced. Shewing that their father was prevailed upon 
in Extremity to Sign a paper Called his will within a few Years after 
which he Expired ; Suggesting that he was not then of Sound Mind 
and memory when he Signed the will ; Which has been proved &c by 
the Judge of Probate of Wills &c for the County of Essex ; prajang 
they may be allowed to bring an Appeal from the Decree of the said 
Judge to the Governour and Council in order to set aside the probate 
of the said Will the time by Law for Claim^ and prosecuting an appeal 
being Elapsed Notwithstanding 

Read & 



[IST Sess.] Province Laws {Resolves, etc.). — 1736. 2Q5 

Ordered that the pet" Serve John and Daniel Eliot Executors of the 
will within mentioned, with a Copy of the petition, that they shew 
Cause if any they have On Thursday the tenth day of June Currant, 
why the prayer thereof should not be Granted. [Passed June 2. 



CHAPTER 11. 

ORDER CONFIRMING A PLAT OF A TOWNSHIP TO SAM'- KING & OTHERS. 

A PLAT of a Township of the Contents of Six Miles Square, with Rifordg'of t^e 
the Allowance of One Thousand & Eighteen Acres for Water «fec, Sur- Council, xvi., 
veyed & laid out by Stephen Hosmer jun'' and Chain men on Oath, to amj p^ia^Jg^ 
Satisfy a Grant made by this Court in Answer to the petition of Samuel ^.^i. 
King & others ; lying on the West of Salem Narraganset Town Number Maps and 
three, on the North side of Soheag River; bounded as follows, begining Houle Jour^-' 
at a Spruce Tree & Runs North by the Needle Two Thousand One hun- nai, p. is 

A7'it€ V\ 141 

dred & Ninety One perch on province Land to a hemlock Tree marked ; chap'. 37. ' 
then Runs East one Thousand five hundred & fifty Eight perch on 
province Land to a Township Adjoyning to & lying North of the said 
Narragansett Town Number three ; then Runs South on said Township 
Six hundred and forty percli to the Township Granted to John Simpson 
and others, then Runs East on said Township four hundred and two 
perch to a Stake & Stones then Runs South One Thousand four hun- 
dred and Sixty Seven perch on said Narragansett Town, then Runs 
West four hundred & Eighty perch on Duxbury School farm to a Stake 
and heap of Stones ; then Runs South thirteen perch on said Earm to 
a poplar Tree marked ; thence Runs west One Thousand four hundred 
and Sixty perch to the Spruce tree first named on province Land 

Read and 

Ordered That the plat be Accepted, and the Lands therein delineated 
and described be and hereby are confirmed to the Officers and soldiers 
mentioned in the petition of the said Samuel King and others, and the 
Heirs, legal Representatives and Descendants of such of them as are 
lost or deceased in or since the Canada Expedition Anno 1690, and to 
their Heirs & assigns respectively for Ever they complying with the 
Conditions of the Grant provided the plat contains no more than the 
quantity of twenty four thousand &, fifty Eight acres of Land, and does 
not interfere with any former Grant ; The said Lauds lying West of 
salem Narraganset town Number three on the North of souheeg River 
begining at a spruce Tree & runs North by the Needle 2,191 perch on 
province Land, & then East on province Land to salem Narraganset 
Township Number three south on the town ship of John Simpson and 
others, West on Duxbury School Farm. [_Passed June 2. 



CHAPTER 12. 

ORDER ALLOWING THE BRISTOL CO. TREAS^^ ACC^. 

An Accompt presented by Samuel Rowland, Treasurer of the County Legislative 
of Bristol for the Year 1735; Having been laid before the Court of councif, xti.*!^ 
General Sessions of the peace for the said County and by them Allowed ; 32-2. 

Read & House .Jour- 

Ordered that this Accompt be Allowed. [^Passed June 3. nai, p. 19. 



266 



Province Laws {Resolves, etc.). — 1736. [Chaps. 13-15.] 



CHAPTEE 13. 

ORDER ALLOWING THfe ACCt OF THE TREAS^ OF WORCESTER CO. 



Legislative 
Records ot the 
Council, xvi., 
a-22. 

House Jour, 
nal, p. 16. 



An Accompt presented by Benjamiu Flag Treasurer of the County 
of Worcester for the Year 1735, having been hiid before the Court of 
General Sessions of the peace for the said County and by them Allowed 

Read & Accepted & 

Ordered that the Accompt be Allowed. \_Passed June 4. 



CHAPTER 14. 

ORDER ERECTING THE INHABITANTS OF THE VILLAGE OF MASSAPOI- 
SETT INTO A SEPARATE PRECINCT. 



Legislative 
Records of the 
Council, xvi., 
322. 

House .Jour- 
nal, p. 17. 



A PETITION of John Hammond & Benjamin Hammond with Sundry 
others Inhabitants of a Place called Mettapoiset in the Town of Roches- 
ter ; Shewing that many of the petitioners live at a great Distance from 
the Place of The Publick Worship of God in the said Town, that they 
go thro many Difhcultys in Attending the same, and that the said Town 
of Rochester at a Meeting Regularly Assembled the Sixth of January 
last. Voted their Consent for the Pet" being Set off a Seperate precinct ; 
Therefore praying for the Order of this Court for erecting the Inhabi- 
tants & Lands in the said Village into a Seperate and Distinct precinct 
Agreeable to the said Vote. 

Read & 

Ordered that the prayer of the petition be Granted, and the pet" 
with all the Lands in the Village called Massapoisett in the Town of 
Rochester, be and hereby are Erected into a Seperate and Destinct 
precinct, to hold and Enjoy Equal powers, priviledges, and Immu- 
nitys, with any other precinct in the Province ; Agreeable to the Vote 
of the Town of Rochester at their Meeting held the Sixth day of Jan- 
uai'y 173.5/6, for Setting them off a precinct in the Words follow^ viz' 
Begining at the Bridge over the Ceder Swamp Biook so Called, thence 
West to Dartmouth line, then begining at said Bridge and Runing two 
hundred Rods East, from thence such a Strait line to the Sea as will 
Strike that Lott of Land which Thomas Winslows house now stands 
upon, at the Most North Easterly part thereof and so down to the sea, 
including all the Lands and meadow within the Same belonging to the 
Ministry of Rochester. \_Passed June 4. 



Legislative 
Records of the 
Council, xvi., 
323. 

House Jour- 
nal, p. 24. 



CHAPTER 15. 

ORDER OF NOTICE ON THE PETITION OF ELIHU BRETT & OTHERS OF 
BRIDGEWATER TO BE ANNEXED TO EASTON. 

A Petition of Elihu Brett Joshua Haward, Josiah Winslow & Sun- 
dry others Inhabitants on a Tract of Land on the West side of Bridg- 
water, containing half a Mile and Upwards in breadth, and in length ; 
begining at Stoughton line and Extending Southerly the whole Length 
of Easton ; Praying that the said Lands w"' the Inhabitants thereon may 
be Annexed to and Accounted as part of Easton or that a Committee 



[1st Sess.] Province Laws (^Resolves, etc.). — 1736. 267 

may be Appointed to View the Land at their Cost in order for Effect- 
ing the same 

Read & 

Ordered that the pet" Serve the Town of Bridgwater with a Copy of 
this petition, that they may shew Cause, if any they liave, on Thursday 
the Seventeenth Instant, if the Court be then Sitting, if not on the first 
Tuesday of the next Sitting of the Court, why the prayer thei'eof should 
not be Granted.^ \^Passed June 4. 



CHAPTER 16. 

ORDER CONFIRMING A PLAT OF 400 ACRES LAND TO SAMUEL THAX- 
TER, JOHN TURNER AND WILLIAM DUDLEY ESQ«8. 

A Plat of four hundred Acres of Land laid out by Nath' Kellog Legislative 
Survey'' and Chainmen on Oath, to Satisfy a Grant of this Court of council^ xvi*.^** 
the first of March 1733, of Twelve hundred Acres of Land, to Sam- 323. 
uel Thaxter John Turner and William Dudley Esq" (Eight hundred House Jour- 
Acres thereof being already platted delineated & Confirmed) Which province 
four hundred Acres is bounded as followeth : begining at a Chesnut, Laws, xi., 788, 

chap '^00 

Standing on the East side of little Pomroy so Called, which is a hill Ante\]i.im, 
between the Second and third branches of Swift River, West of Lambs- '^^^li, ^thlm 
town ; from said Tree North 14 Deg. East, Three hundred and Thirty iso. Post, ' 
two Rods to a heap of Stones; thence P:ast 12 Deg. South two hundred P-297,cbap.82. 
and Seventy Rods to a White Oak Mark'd W D ; thence South 12 deg. 
West One hundred and Sevent}' Rods to a Sassafras Tree ; thence West 
12 (.\q^. North Seventy two Rods to two Small White Oaks, thence West 
44 deg. South One hundred and twenty Rods then West two hundred 
and Nine Rods to the bounds first mentioned bounded on all sides on 
Province Land. 

Read & 

Ordered That the plat be and hereby is Accepted and the Lands 
therein Delineated and Described be and hereby is confirmed to the 
said Samuel Thaxter John Turner and AYilliam Dudley Esq*" their heirs 
and Assignes Respectivly forever, in full Satisfaction of a Grant of 
twelve hundred Acres of Land, formerly made them by this Court 
(Eight hundred Acres the other part being before confirmed to them) 
provided the plat exceeds not the quantity of four hundred Acres, and 
does not interfere with any former Grant. \_Passed * June 5.- 



CHAPTER 17. 

ORDER OF NOTICE ON THE PETITION OF SAMUEL KINGMAN & OTHERS 
OF BRIDGWATER, TO BE ERECTED INTO A SEPARATE PRECINCT. 

A PETITION of Samuel Kingman William French and Sundry other Legislative 
Inhab'^ of the Noi-th part of Bridgwater, Shewing that they live at a counclf.xvL,^ 
Great distance from the place of Publick Worship of God in said Town, 324. 

1 At the hearing on June 18, 1736, House Journal, p. 55, this petition was dismissed. 

* The evidence of the concurrence of the Council and of the Governor's consent to this 
order will be found in the following chapters, to wit, ante, p. 189, chap. 149, Province Laws, 
xi., 788, chap. 200, and in the House Journal, p. 80, December, 1737. In the surveyor's 
certificate on plan of the 800 acres. Maps and Plans, Mis., xi., 25, we find the following, 
to wit. "Laved out Eight Hundred acres of Land to Satisfie a Grant Made to )"= Hon"' 
John Turner Samuel Thaxter and William Dudley Esq''* being in full Satisfaction of the 
Remainder of a Grant of Twelve Hundred acres part where of being formerly Laid out," &c. 



268 



Province Laws {Resolves, etc.). — 1736. [Chaps. 18, 19.] 



House Jour- 
nal, p. 24. 



and are thereby Subjected to great Difticultys and Inconveuieueys in 
their Attendance thereon ; praying this Court would please to put a 
Sanction on a Vote of the West precinct in Bridgwater passed in April 
1728 for Setting them off a distinct precinct for the Reasons mentioned 

Read and 

Ordered that the pet" Serve the Town of Bridgwater, as also the East 
& West precinct there with a Copy of this petition, that they Shew 
Cause on thursday the Seventeenth day of .June Currant, if any they 
have. Why the prayer thereof should not be Granted ; aud the petition 
is Referred in the mean time for Consideration, if the Court should not 
be then Sitting then to make Answer on the first Tuesday of the next 
Sitting.^ \_Passed June 5. 



CHAPTER 18 



ORDER CONFIRMING A PLAT OF 500 ACRES OF LAND FOR UXBRIDGE. 



Legislative 
Records of the 
Council, xvi., 
324. Maps and 
Plans, X., 10. 

Maps and 
Plans, X., 
10 ter. House 
Journal, p. Ill 
(November, 
1735) ; p. 23. 
Ante, p. 24S, 
Chap. 277. 



Two Plats containing in the Whole Five hundred Acres of Land 
laid out by John Sibley Survey"^ and Chainmen on Oath to Satisfy a 
Grant made by this Court to the Town of Uxbridge, for their Encour- 
agement in building and Repairing of Bridges in said Town, One plat 
containing three hundred & forty Acres and One hundred & forty Rods, 
Adjoining to Sutton South line ; the other plat containing One hundred 
and fifty Nine Acres and twenty Rods, Adjoining partly on Roxbury 
School Lands, were Accompanied with a petition of the said Town of 
Uxbridge for their confirmation 

Read and 

Ordered that the plats be accepted and allowed, and the Lands therein 
delineated and described be and hereby are confirmed to the town of 
Uxbridge and their assigns for Ever, provided the plats contain no 
more than five hundred acres of Land in the whole, nor Either of them 
interfere with any other or former Grant. \_Passed June 5. 



CHAPTER 19. 



ORDER OF NOTICE ON THE PETITION OF ROB^ POND & OTHERS OF 
WRENTHAM TO BE ERECTED INTO A SEPARATE TOWNSHIP. 



Legislative 
Records of the 
Council, xvi., 
325. 

House Jour- 
nal, p. 27. 



A Petition of Robert Pond and Sundry others Inhabitants of the 
Westerly part of Wrentham, .Setting forth the Great hardships and 
Difticultys they Suffer with Respect to their Attendance on the Publick 
Worship of God, Occasioned by their Great Distance from the Meeting 
house in that Town ; praying that they may be Erected into a Seperate 
and Distinct Township, by the lines therein Set forth, which includes 
part of Med way ; or that a Committee may be Appointed to View and 
Consider their Circumstances, in order to their being Set off by such 
bounds as shall be thought Reasonable. 

Read &, 

Ordered That the pef' Serve the Towns of Wrentham and Medway 
with Copys of the petition, that they Shew Cause if any they have, on 
the first Fryday of the next Sitting of the Court, why the prayer thereof 
should not be Granted. \_Passed June 5. 

1 At the hearing on June 18, 1736, House Journal, pp. 54, 55, this petition was dismissed. 



[1st Sess.] Province Laws {Resolves, etc.). — 1736. 269 



CHAPTER 20. 

ORDER OF NOTICE ON THE PETITION OF THE UPTON SELECTMEN FOR 
THE ABATEMENT OF THEIR PROVINCE TAX, AND FOR LIBERTY TO 
TAX UNIMPROVED LANDS. 

A Petition of Johu Hazelton and Jonathan Wood, Selectmen of the Legislative 
Town of Upton in the County of Worcester ; Shewing That they appre- council^ xvf'^ 
hend the said Town is over Chai'ged in the Province Tax, which hap- 3-25. 
pens by Reason of their Neglecting to Send in a list of the Valuation House Jour- 
of their Estates as the Law Required ; Praying that their Tax may be ^^^' p^'' "^^' "*" 
lessened or that their whole Province Tax may be Abated, Considering 
the Greatness of their Town Charges ; And further Setting forth that 
there is a Great quantity of Unimproved Lands in said Town, belong- 
ing to Nonresident Proprietors which Inci-ease in their Value by the 
Labour of the Inhabitants praying Also that the said Lands may be 
Subjected to a Reasonable Tax for a Term of Years the better to 
Enable said Town to defrey the Charge of building and finishing a New 
Meeting house and Supporting the Ministi-y there 

Read and In Answer to that part of the petition Which Relates to 
the Taxing of the Nonresident proprietors Lands 

Ordered that the pet" give publick Notice to the proprietors of the 
Unimproved Lands in the Town of Upton, belonging to Nonresident 
proprietors of this petition by putting up Notifications in the said Town 
of Upton, as also in VV^orcester the Shire Town of the County wherein 
the Lands ly, that they shew Cause if any they have on the first Thurs- 
day of the next Sitting of the Court, Why the pi'ayer thereof should 
not be Granted, and that the peti[ti]on is Referred to that time for 
further consideration. \_Passed June 5. 



CHAPTER 21. 

ORDER ALLOWING THE MIDDLESEX CO. TREAS'"' ACC^. 

An Accompt presented by Daniel Russell Esq'' Ti-easurer of the Legislative 
County of Middlesex for the Year 1735, Having been laid before the councif xif^ 
Court of General Sessions of the peace for the said County, and by 3-25. 

them Allowed ; House Jour- 

Read & °*'> P- 26- 

Ordered that this Accompt be Allowed. [^Passed June 5. 



CHAPTER 22. 

ORDER IMPOWERING THE SELECTMEN OF THE TOWN OF UXBRIDGE 
TO CALL A TOWN MEETING. 

A Petition of John Harwood, by Order of the Selectmen of the Legislative 
Town of Uxbridge and in behalf of said Town Shewing that at their coundf.xvi!!^ 
Anniversary Meeting in March last, divers persons were Admitted to 326. 
Vote who were not Qualified According to the Directions of the Law; House Jour- 
and the Selectmen then Chosen, being Sensible of the Illegality of their °»i>p-30. 
Choice, Signified the Same to the Selectmen of the last year, and Re- 



270 Province Laws {Resolves, etc.) . — 1736. [Chaps. 23, 24.] 

quested them to petition this Court, that so the Town might be enabled 
to proceed to a New Choice ; praying That they may be Impowred to 
assemble the Town Again for the Choice of Town Officers by a fair and 
Legal Election. 

Read and 

Ordered that the prayer of the petition be Granted, and the Select 
men of the Town of Uxbridge for the Year 1735 be and hereby are 
fully Impowred and directed, as soon as may be, to Issue out their 
Warrants directed to the Town Clerk of said Town, Requiring him 
to Notify and A\^ai'u the Freeholders and other Inhabitants there, 
Lawfully qualified to Vote, to Assemble and Convene at such time 
and in such publick place in said Town, as shall be Expressed in 
said Warrant ; And the said Voters so Assembled are hereby Im- 
powred to make Choice of Town officers in the said Town for the 
Year Currant ; which Choice shall be Deemed Good and Valid, as 
tho it had been made in the month of March last ; And the Election 
of the officers made in said Town in March as within mentioned is 
hereby Superseeded and Declared null & Void to all Intents and pur- 
poses whatsoever. \_Passed June 8. 



CHAPTER 23. 

VOTE FOR CALLING THE FIRST TOWN MEETING AT METTAPOISET. 

Elcordfof^the Ordered That M"" Jabez Hammond, One of the principal Inhabitants 
Council, xvi., of the New precinct at Metapoiset in Rochester, be & hereby is fully 

^j^ Authorized and Impowred to assemble and Convene in Some Suitable 

^T^^'33"^ place in said precinct the Freeholders and other Inhabitants there Law- 
Anie,\). 266, fuUy Qualified for Voting That the[y] ^ Chuse a precinct Clerk and other 
chap. 14. parish officers to Stand Untill their Anniversary Meeting in March next. 

[^Passed June 9. 



CHAPTER 24. 

ORDER OF NOTICE ON W" VIRGINS PETITION FOR A RE-TRIAL OF AN 

ACTION. 

Legislative j^ PETITION of William Virgin of Brookfield ; praying that the Order 

Itccorcls ot the ' i »/ o 

Council, xvi., of this Court of the 26*- of December last on his former petition then 

^ Entred for another Trial of an Action brought Against him by One Daniel 

House .Jour- Beuiis of Mortlake in Connecticutt Colony may be Revived and he be 
(December, "^ ' enabled Anew to Serve the Order of this Court on the said Daniel Bemis 

1735); pp. 33, 34. -r i o 
Ante, p. 188, Keatl (K 

chap. 147. Ordered that the pef Serve the Adverse party with a Copy of this 

petition that so he may Shew Cause, if any he have on the first Fr}'- 
day of the next Sitting of the Court, why the prayer thereof should 
not be Granted. \_Passed June 9. 

» "They," in the State Library copy, Legislative Records of the Council, xvi., 328. 
" The House Journal, p. 33, reads, " the I6th. of December." See also House Journal, 
p. 149 (December, 1735), and atite, p. 18b, chap. 147. 



[1st Sess.] Province Laws {Resolves, etc.). — 1736. 271 



CHAPTEK 25. 

ORDER ALLOWING THE PLYMOUTH CO. TREAS^^ ACC^. 

An Accompt presented by John Dyer Treasurer of the Couuty of S^^'^'f^^'^P.j- 
Plymouth for the Year 1735 Having been laid before the Court of Gen- council, xvi., 
eral Sessions of the peace for the said County and by them allowed ^^ 

Read & Accepted & House Jour- 



Onlered that this Accompt be Allowed. {^Passed June 10. 



nal, p. 37 



CHAPTER 26. 

ORDER ACCEPTING THE REPORT ON THE PETITION OF BARRINGTON 
& REHOBOTH INHABITANTS IN REGARD TO BUILDING THE MILES 
RIVER BRIDGE. 

The Com™^ Appointed upon the petition of Sundry of the Inhabi- Legislative 
tants of Rehoboth and BaiTington ; Having Considered the Subject Coundf, xvi.'f 
Matter of the said petition and the Answer Signed by the Agent of ^J^ 



Swanzey and heard the partys and perused the papers, are humbly of Legislative 
Opinion, that it is Convenient and Necessary the Bridge Called Miles Council, xvi., 
Bridge should be kept up and Maintained, and that a Law be made to journ^r"p%8 
Oblige the Towns of Swanze}^ and Barrington to keep up and maintain Province ^ 
a Good Cart Bridge there, Two thirds thereof at the Cost and Charge ^ifa^x'5"'' ''"'^' 
of the Town of Swanzey, and the other third at the Cost of the Town ^«*«> v-}^-, 

Ciitlij 268 

of Barrington ; and that the Justices of the Court of General Sessions of 
the peace within the County of Bristol be Impowred and directed by 
said Law from time to time to give orders for assessing the said Towns 
for building and Repairing said Bridge in proportion as aforesaid : all 
which is humbly Submitted. 

In the name and by order of the Com"''' Seth Williams 

Read and Accepted And the same Com*^^ are desired to prepare a 
Bill Accordingly. [^Passed June 10. 



CHAPTER 27. 

VOTE FOR MAKING PROVISION FOR CELEBRATING THE MARRIAGE 
OF THE PRINCE OF WALES. 

In Council 
Voted That Thomas Hutchinson William Dudley John Jeffries and Legislative 
Anthony Stoddard Esq-"^ wnth such as shall be Joined by the Hon"'' couSxvL,^ 

House of Represent be a Com'"" to make provision for Celebrating in !£!!^ 

a handsome manner the late Nuptials of his Royall Highness the Prince ^*^^'^3?'^"'?„ 

Ot Wales Council, xvi.. 

In the House of Represent" Read and Concurr'd and M"" Cooke M^ journal pp"3s 
Thatcher M"^ Cushing M"" Prout CoP FuUam Col" Brown and M"" Norton 39. 
are Joined in the Affair. \_Passed June 10. 



272 



Province Laws (Besolves, etc.). — 1736. [Chaps. 28, 29.] 



CHAPTEE 28. 



Legislative 
Records of the 
Council, xvl., 
330. 

House Jour- 
nal, p. 251J 
(March, 1735) ; 
p. 38. Province 
L,aws, xi., 676, 
chap. 64. 



ORDER OF NOTICE ON THE PETITION OF SAM'- TILSON ELEA. PICKARD 
& SYLV. DAVIS PRAYING FOR REFUND OF MONEY PAID FOR SUP- 
PORT OF A MINISTER. 

A PETITION of Samuel Tilsoii, Eleazer Pickard juii'', & Sylvanus Davis ^ 
of Plympton ; prayiug they may be Reimbursed the money they have paid 
for the Support of the Ministry in the South precinct there, and that they 
may Remain to M'' Jonathan Parkers Ministry Where their Fathers were 
ordered to pay Taxes, pursuant to an order of this Court in the Year 1732 

On a Motion jNIade & Seconded 

Ordered that the petition be Revived & that the pet" Serve the said 
South precinct with a Copy of the petition, that they Shew Cause, if 
any they have, on the first Tuesday of the next Sitting of the Court 
wliy the prayer of the petition should not be Granted and the petition 
is Referred for Consideration Accordingly. [Passed June 12. 



Legislative 
Records of the 
Council, xvi., 
331. 

House Jour- 
nal, p. 41. 
Province 
Laws, i., 466, 
chap. 6; xi., 
766, chap. 146. 



CHAPTER 29. 

ORDER ON JOS. STOCKBRIDGES PETITION FOR A JURY TRIAL OF AN 

ACTION. 

A PETITION of Joseph Stockbridge of Hanover in the County of Plym- 
outh Yeoman, Praying the Consideration of this Court that they would 
give Orders that the Justices of the Superiour Court of Judicature &c 
at their next Session in April at Plymouth in the County of Plymouth 
to try a Writ of Review of an Action he brought against Job Otis of 
Situate in said County Yeoman in Ejectment, which is continued to 
said Term in April next for Advisement, that he may have a Trial by 
a Jury notwithstanding the Referrence heretofore Entred into by the 
partys, and the Judgment thereon ; and altlio the three Years allowed 
by Law for Reviewing be P^Iapsed or that other Effectual Order may 
be taken for his Relief in the premisses, or tliat he may not go with- 
out Remedy in the Law for the Reasons mentioned. 

Read & 

Ordered that the prayer of the petition be Granted and that the Jus- 
tices of the Superiour Court of Judicature Court of Assize and General 
Goal Delivery be and hereby are Accordingly, at the next Superiour 
Court of Judicature Court of Assize and General Goal delivery, to be 
holden at Plymouth within and for the County of Plymouth (to which 
time the Cause within mentioned is continued for Advisement) Im- 
powred and directed to hear and try the Merits of the said Cause by 
a Jury, Any Referrence thereof by the partys and Judgment of said 
Court thereon or Impropriety in point of Form in any order of this 
Court, in making void an}' Judgment of the said Sup'' Court, or lapse 
of the time by Law AlloM^ed for Reviews notwithstanding ; and that 
the Costs hitherto Sustained Remain as they are. [^Passed June 12. 

' The first petition, House Journal, p. 259 (March, 1735), gives the names as "Samuel 
Tilson, Eleazer Rickard, jun. and Sylvanus Dunham.'' 



[1st Sess.] Province Laws {^Resolves, etc.). — 1736. 273 



CHAPTEK 30. 

ORDER ACCEPTING THE COMMITTEES REPORT ABOUT N"^' YARMOUTH 

LINE. 

In pursuance of an order of the Hon''''' the Great and General Couit j^'^'^*''}^*^^^ 
or assembly of his niajestys province of the Massachusetts Bay held at council, xvi., 
Boston April 9. 1735,' On the memorial of Rowland Hougiiton in behalf ^ 



of the proprief' of North Yarmouth Relatins; to the Settlement of Boun- House Jour- 

nuJ p. 40 

daries between the Province and said Town. Anw, p- 120, 

We the Subscribers have Met and finished the Runing and Peram- p'']3i^ehap v> 
bulating of said lines According to said Order, as follows viz' On Tues- 
da}^ the twenty Seventh of April 1736, We met at a Rock Called the 
White Rock a Boundary between the Towns of Falmouth and North 
Yarmouth in Casco Bay and Run a North West Course, Eight Miles, 
in order to find out the Westerly Corner of North Yarmouth ; which 
we found to be some Black Birches and a Maple Marked Standing 
together ; From thence we Extended a line North East (which includes 
the Gore of Land lately Granted to the proprietors of North Yarmouth) 
Eleven Miles and two hundred Rods which intersects a North West 
Course from a boundary of the said Town of North Yarmouth Called 
Bungamunganog, where the Perambulation or Runing of said lines was 
begun the last Year, in pursuance of the said order of the Great and 
General Court ; and Ruuing of the said North East line three Miles 
from the said Birches and Maple we Raised the Monument, which is 
a Beach Tree marked being the Corner Boundary of the New Town- 
ship lately Granted to Sundry Inhabitants of Marblehead ; And Six 
Miles further on the said line we Raised a Monument for a Corner 
Boundary of the New Township lately Granted in Answer to the peti- 
tion of Jonathan Powers John Hunt and Otliers, being a Beach tree 
Marked with Stones about it And we fairly Marked the Trees through- 
out the Whole line In Witness whereof we have Mutually Set to our 
hands at North Yarmouth the first day of May Anno Dom 1736 being 
thereto Respectivly Appointed and Impowred as to the aforesaid Per- 
ambulation. 

Abner Brovtn ") Com'*''' in Eben. Burrill ^ Com''^^ in 

Edward King >- behalf of Jn° Wainwright [ behalf of 

Noah Mitchell ) North Yarmouth John Hobson f the Mass' ■> 

Joseph Blaney J Prov : 
Read & 
Ordered that this Report be Accepted. [Passed June 12. 



CHAPTEE 31. 

ORDER CONFIRMING A PLAT OF A TOWNSHIP TO CPT. GARDNERS 

SOLDIERS. 

A Plat of a Tract of Land Containing Twenty three Thousand & Legislative 
forty Acres, Exclusive of a Farm belonging to Johnson and Company, coundf.xvi.,^ 
as also Farms belonging to Severance and Field ; laid out by Nath' pi^{jis^^x^'^ii^'^ 
Kellog Survey"" and Chain men on Oath, by Virtue of a Grant made "^ ^ ' '' — '— 
by this Court to Samuel Newell and others officers & Soldiers in the pians.'x., 
Canada Expedition Anno 1690, Under the Command of Cap' Andrew journai^p."^!! 

» Qutere, April 19, 1735 ? See ante, p. 120, chap. 264. 



274 



Province Laws (^Resolves, etc. ) . — 1736. [Chap. 32.] 



Aiite, p. 142, 
chap. 39. 



Gardner deced, Bounded as follows, viz' Westerly on Nortbfield & 
Province Land, East partly on province Land, and partly on Pa- 
quaonge. North partly on Arlington and partly on Province land ; 
South on Province land : ^ beginiug at Northfield East bounds, about 
Eighty Rods North of the Rhoad to Lunenburg, and Ruiiing East 1,940 
perch (with the Allowance of about one Chain in thirty upon each line) 
to a heap of Stones ; from thence Nineteen hundred and fifty perch 
to a heap of Stones in Paquaongue North bounds ; thence West one 
hundred and Seventy Nine perch to Paquaongue North West Corner, 
thence South two hundred & fifty Six perch in Paquaongue West 
bounds, to a Small Maple tree with Stones, thence West fifteen hun- 
dred and forty five perch to a Stake and Stones thence North 7 Deg 
30 Min West Six hundred & Sixty perch to Northfield South East 
Corner the same Course in the whole Two Thousand two hundred & 
Sixty five perch to a heap of Stones. 

Read and 

Ordered That the plat be Accepted, and the Lands therein delineated 
and described, (-exclusive of the respective Farms within mentioned) 
be & hereby are confirmed to the Grantees mentioned in the petition 
of Samuel Newell and others in behalf of sundry OfiScers and soldiers 
in the Canada Expedition Anno 1690 in the Compan}^ under the Com- 
mand of the late Cap' AndrcAv Gardner their Heirs and assigns and 
lawfull Representatives respectively for Ever they complying with the 
Conditions of the Grant ; provided the plat exceeds not the quantity 
of Six miles square of Land (exclusive of the aforementioned Farms) 
and does not interfere with any other former Grant. \_Passed June 15. 



CHAPTER 32. 

ORDER CONFIRMING A PLAT OF THE GROTON GRANT AND ALLOWING 
THE TOWN OF IPSWICH TO SURVEY AND LAY OUT EQUIVALENT 
LAND. 



Legislative 
Records of the 
Council, xvi., 
334. 

Legislative 
Record* of the 
Council, xvi., 
334. House 
Journal, p. 254 
(March) ; p. 22. 
Ante, p. 239, 
chap. 257. 



A Memorial of Benj'' Prescott Esq"" Represent^ of the Town of Grotou 
in behalf of the Proprietors there, praying that the Votes of the House 
on his Memorial & a plat of Ten Thousand Eight hundred Acres of 
Land, lately Granted to the said Proprietors, as Entred in tiie House 
the 25 of March last, may be Revived and Granted, The bounds of 
which Tract of Land as Mentioned on the said Plat are as follows viz' ; 
begining at the North West Corner of Dunstable at Dram Cup hill by 
Sohegan River, and Runing South in Dunstable line last Perambulated 
and Run by a Com"'*' of the General Court, two Thousand One hundred 
& fifty two poles to Townshend line, there making an Angle, and Run- 
ing West 31^ Deg. North on Townshend line & province Land Two 
Thousand and Fifty Six poles to a Filler of Stones then turning and 
Runing by Province Land 31 J deg North two Thousand & forty Eight 
poles to Dunstable Corner first Mentioned 

Read & 

Ordered that the prayer of the Memorial be Granted, and further 
that the within Plat as Reformed and Altered b}^ Jonas Houghton Sur- 
vey' be and hereby is Accepted and the Lands therein Delineated and 
Described (Excepting the said One Thousand Acres belonging to Cam- 
bridge School Farm and therein included) be and hereby are Confirmed 

» The words "South . . . land" are inserted from the State Library copy, Legislative 
Records of the Council, xvi., 333. 

2 Mark of parenthesis inserted from the State Library copy, Legislative Records of the 
Council, xvi., 333. 



[1st Sess.] Province Laavs {Resolves, etc.). — 1736. 275 

to the Proprietors of the Town of Grotou their heirs and Assignes Re- 
spectivly forever, According to their Several Interests ; Provided the 
same do not Interfere with any former Grant of this Court nor Exceeds 
the Quantity of Eleven thousand Eight hundred Acres And the Com- 
mittee for the Town of Ipswich are allowed and Impowred to lay out 
such quantity of Laud on their West line as is Equivalent to w^hat is 
taken off their East line as aforesaid, and Return a plat thereof to this 
Court within twelve Months for Confirmation.^ [_Passed June 15. 



CHAPTER 33. 

ORDER CONFIRMING A PLAT OF TWO TOWNSHIPS TO BOSTON IN- 
HABITANTS. 

A PLAT of two Townships containing Twenty three thousand and ^^'rd**^f the 
forty Acres of Land in each laid out by Nath' Kellog Survey*^ & two council, xvi., 
Chainmen on Oath in part Satisfaction of a Grant of Several Town- p]tiiJ)^x!ri2.°^ 

ships made by this Court Anno 1735 to the Town of Boston One Town- ^^^ ^'^^^ 

ship Called Number one^ Bounded as follows viz' begining at a Hemlock Plans, x., 12. 
tree Standing on the Southerly Side of Deerfield River about forty Rods ^^i^pp^sMo. 
from said River at the North end of a Mountain near the Crotch of said ^nte, p. 156, ^ 
River ; thence Runing East Nineteen Deg. South two Thousand Eight ^ *^' 
hundred and Sixty perch, from thence North Seventeen hundi'ed and 
five perch to a Stake and Stones, then West 6 Degrees North two 
Thousand four hundred and fifteen perch then South 19 De^. West 
to the aforementioned Tree bounded on Unappropriated Lands of the 
province on every side J^xcept the East which is bounded partl}^ on 
the Township Number two aforesaid 

The other Township Called Number two^is bounded on the East 
and North with Unappropriated Lands South partly on Deerfield North 
bounds & partly on Unappropriated Lands West partl}^ on Unappro- 
priated Lands and partly on the Township Number One aforesaid ; 
begining at a Chesnut tree in Deerfield North bounds thence Runing 
Seventeen hundred and Seventy Seven perch to a Stake & Stones then 
North two Thousand and Seventy five perch to a Stake and Stones 
thence East Seventeen hundred and Seventy Seven perch to a Stake 
and Stones and thence South two Thousand and Seventy five perch to 
the beforementioned Chesnut tree 

Read and 

Ordered That the within plat containing two of the towniships granted 
by the General Court Anno 1735 to the town of Boston Called Number 
One and Number two as within mentioned be and hereby is Accepted, 
and the Lands therein contained delineated and described are accord- 
ingly confirmed to the Freeholders and Inhabitants of the town of Bos- 
ton and their assigns respectively for ever, the}^ complying w^ith the 
Conditions of the Grant, provided that neither of the townships con- 
tain no more than the quantity of Six Miles square of Land, and neither 
of them interfere with any former Grant. \_Passed June 15. 

1 The record here adds the following : — 

" And in Answer to the said Memorial of Benj" Prescott Esq'' 

Ordered that the prayer of the Memorial be Granted and the Com*<=« for the New Town- 
ship Granted to some of the Inhabitants of Ipswich, are hereby Allowed to lay out an 
Equivalent on the West line of the said New To^vnship Accordingly." 

2 Now Charlemont. 

3 Now Colrain. 



276 Province Laws (BesolveSf etc.). — 1736. [Chaps. 34, 35.] 



CHAPTEK 34. 

ORDER CONFIRMING A PLAT OF A TOWNSHIP GRANTED TO JONATH. 
POWERS & OTHERS. 

Legislative A Plat of a Tract of Land of Six Miles Square laid out by Rowland 

CouS x^v^!*,^ Houghton Survey'' and Chaiumeu ou Oath, to Satisfy a Grant of this 
336. Maps and» Court to Jonathan Powers John Hunt & others, of the third of Decern- 

^i^-^^-^- ber last bounded on North Yarmouth ou One Side and Runing North 

piTs,l%26»s. '45 Deg. East Six Miles then North 45. d. West then South A5'' West 
House Jour- gj^ i^jjigg ^^^^^ South 45^ East Six Miles as p plat Appears 
Ante, p. io'i, Read and 

ciiap. 288. Ordered That the plat be Accepted and the Lands therein delineated 

and described be and hereby are confirmed to the petitioners mentioned 
in the petition of Jonathan powers, John Hunt and others and their 
Associates, & their heirs and Assigns respectively for Ever they Com- 
plying with the Conditions of the Grant, provided the plat exceeds 
not the quantity of Six Miles square of Land, and does not interfere 
with any former Grant. [^Passed June 17. 



CHAPTER 35. 

ORDER CONFIRMING A PLAT OF 400 ACRES OF LAND TO ZECH^ FIELD. 

Legislative A PLAT of four hundred Acres of Land Surveyed and laid out by 

Coundf, xvi.,^ Abner Lee Survey'' and two Chain men on Oath, by Vertue of a Grant 

pji^-^Map|and ^f ^j^^g Qq^j.^; ^f tj-ig 29* of Juue 1734 Made to Zachariah Field of 

rr — '" "' Northfield ; begining at a White pine tree Marked Z F and Stones on 

pianl.'^x., 27. Paquoiag line, and Runing West 14 deg. South two hundred and forty 

Hou^e Jour- -^^^jg ^^ ^ g^j^j,g j^arked G. F, then North ten Deg. West forty three 

Ante,\^A\, Rods then North 5 deg East forty Seven Rods to a Stake, then North 

p-'m/chap. 14 deg. West 47 Rods" to a Stake, then North thirty Rods to a Maple 

128. ' Marked G, F, S, F, then North 10 deg. East Sixty four Rods to a 

Cherry Tree Marked K T G F T M, then North East 10 deg East two 

hundred Ninety five Rods to a Stake and Stones, where it met with 

Paquoiag line then Runing South to the White pine tree first mentioned 

Allowing one Rod in thirty for Swag of Chain and a high way thro the 

Same from Paquoiag to Hatfield 

Read and 

Ordered That the plat be Accepted and and ^ the Lands therein de- 
lineated and described be and hereby are confirmed to the said Zecheriah 
Field his Heirs and Assigns for J>er provided the plat contains no 
more than the quantity of Four hundred Acres of Land and does not 
interfere with any former Grant, and together with four hundred Acres 
already laid out in full satisfaction of the Grant of Eight Hundred 
Acres made the said Zecheriah Field as aforesaid. \_Passed June 18. 

» Sic. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1736. 277 



CHAPTER 36. 

ORDER THAT THE TOWN GRANTED TO MAJ« TYNGS COMP^ BELONG TO 
MIDDLESEX COUNTY. 

Ordered that the New Township latly Granted to the Officers and j^^f^^^^g"j^the 
S oldie rs in the Company under the Command of Major William Tyng Council, xvi., 

deced, lying on the East Side of Merrimack River commonly Called !f£: 

Old Harry Town,^ be and hereby is declared & Determined to belong ^aTp^ss*"'^" 
to and hence forward to be Accounted A part of the County of Mid- Ante, p. 254, 
dlesex, \_Fassed June 18. ^^^^'' 



CHAPTER 37. 

ORDER GRANTING FURTHER TIME TO EDMUND FREEMAN TO SURVEY Legislative 

AND LAY OUT 300 ACRES OF LAND. Councif xvi!^° 

338 

Ordered that twelve Months time More be Allowed to Edmund Free- 



man Esq"" to take a plat of a Grant of Three hundred Acres of Land nai, p. 53. 
made to him by this Court in June last, The Survey' on whom he cha.v.25}^' 
depended having Disappointed him. \^Passed June 18. 



CHAPTER 38. 

ORDER IMPOWERING NATHi- SALTONSTAL TO ENTER A WRIT OF 

REVIEW. 

On the petition of Nath^ Saltonstall by his Attorney William Blin Legislative 
lante, p. 166, chap. 93, and p. 192, chap. 157] CouucK x vi!',^ 

Read, and forasmuch as the pet' has Given Bond Agreeable to the 339^ 

former Direction of this Court, House Jour- 

Ordered that the prayer of the petition be so far Granted, as that ^ntl,'-^im, 
the pef be and hereby is Enabled by a New process to Review the chap.93;p.i92, 
Action within Mentioned, at the next Superiour Court of Judicature 
&c to be holden at Boston within and for the County of Suffolk, on 
the Second Tuesday in August next ; And that the Justices of the said 
Court be and hereby are Impowred and Directed to try the same, enter 
up Judgment, and Award Execution Accordingly. \_Passed June 19. 



CHAPTER 39. 

ORDER FOR A MEETING OF THE DORCHESTER CANADA SOLDIERS. 

Ordered That Thomas Tilestone Esq"" be and hereby is fully Author- Legislative 
ized and Impowred to Assemble and Convene in Some Suitable place counclf x vi!^,^ 
the Grantees of the Township - lately made in Answer to the petition of s^o. 
the said Tilestone in behalf of Some Dorchester Officers and Sold'ers House. Tour- 
in the Expedition Anno 1690, in the Company Under the Command of ^,]tJ^/p.'u2, 
Cap' John Withington late deced, that they Chuse a Proprietors Clerk c'^^p- 39. 
to pass such Rules and Orders as May be most agreeable for the Ful- 
fillment of the Conditions of their Grant, and that they Agree how to 
Call future Meetings. [Passed June 21. 

' Aftenvards Manchester, New Hampshire. 
'^ This township became Ashburnham. 



278 



Province Laws {Resolves, etc. ) . — 1736. [Chaps. 40-42.] 



CHAPTER 40. 



Legislative 
Records of the 
Council, xvi., 
340. 

House Jour- 
nal, pp. 56, 57. 
Ante, p. 181, 
chap. 132. 



ORDER FOR A MEETING OF THE GRANTEES OF WEYMOUTH CANADA 

TOWN, 

Ordered that Cap' Adam Gushing be and hereby is fully Authorized 
and Impowred to Assemble in Some Convenient place the Grantees 
of the Township ^ lately made to the officers and Soldiers &c of the 
Company Under the Command of Cap' Ephraira Hunt late deced, in 
the Canada Expedition Anno 1690, that they Chuse a Proprietors 
Clerk and pass Such Rules and Orders as may be most Agreeable 
to the fulfillment of the Conditions of their Grant, and how to Call 
future Meetings. \_Passed June 21. 



CHAPTER 41. 



Legislative 
Records of the 
Council, xvi., 
341. Maps and 
Plans, X., 16. 

Maps and 
Plans, X., 16. 
House Jour- 
nal, pp. 60, 61. 
Ante, p. 142, 
chap. 39. 



ORDER CONFIRMING A PLAT OF A TOWNSHIP GRANTED TO ABRA. 
TILTON & OTHER CANADA SOLDIERS. 

A Plat of a Tract of Land of the Contents of Six Miles Square, laid 
out by Jonas Houghton Survey"^ and Chain men On Oath, to Satisfy a 
Grant of this Court in June 1735, in Answer to the petition of Abraham 
Tilton and others, officers and Soldiers in the Canada Expedition 1690 ; 
bounded Easterly on the Township laid out to Thomas Tilestone Esq"" 
and others. Southerly on the Narragansett Township Number two, and 
part N" Six «fe part on Province land East, & Northerly upon Unappro- 
priated Lands ; begining at a Stake the South Easterly Corner of the 
Township laid out for the said Tilestone & others, & Runs West 18 deg" 
South two hundred & Seventy Rods to a White pine ; thence North 34 
deg. West to a Spruce One thousand five hundred & twenty Rods to the 
North Easterly Corner of the said Township Number Six, from thence 
West 12 Deg. North Six hundred Rods to a Birch, from thence North 
12 deg East four Miles & two hundred «fe Sixty perch ; from thence East 
12 deg. South Six Miles ; from thence South 12 Deg. West Seven Miles 
& two hundred perch to the begining 

Read and 

Ordered That the plat be accepted, and the Lands therein delineated 
& described be & hereby are confirmed to the Officers and soldiers men- 
tioned in the petition of M"" Abraham Tilton and others who were in the 
Canada Expedition Anno 1690, and their heirs legal Representatives and 
descendants of Such of them as are Since deceased, and their heirs and 
assigns respectively for p]ver, they performing and complying with the 
Conditions of the grant, provided the plat exceeds not the quantity of 
Six miles square of Laud, and does not interfere with any former Grant. 
\_Passed June 22.- 



CHAPTER 42 



ORDER CONFIRMING A PLAT OF 1,000 ACRES OF LAND TO JOHN STOD- 
DARD. 

R^cords'^f th ^ PETITION of John Stoddard of Northampton in the County of 
Council, xvi., Hampshire Esq' Shewing that by the favour of the Court he Obtained 
^h. a Grant of One Thousand Acres of Land in December 1734, which his 

' This township became Ashfield. 

2 According to the Legislative Records of the Council, xvi., 304, this chapter was con- 
sented to March 27, — evidently a mistake. — Maps and Plans, Mis., x., 16. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1736. 279 



laying out Untill this Spring, Maps and 
Vlight be Serviceable, the Sur- xii.r^.'e. ^"' 



Circumstances have prevented him from 
That when he found that which in time Mi 

vey'' had not time to Run the lines & Make Monuments ; but only to fix ^^",^^^j® ''5*^*^0 
a Station & by drawing Lines from thence in a plat Described, & Accom- el ' Ante,' 
panying the petition; Praying that the plat may be Accepted and the i'^g'^2, chap. 
Land therein Described and taken in by Timothy Dwight Survey"' Con- 
firmed to the petitioner ; lying on the Main Branch of Housatanock River 
about Sixteen Miles Northward of Cap' Cuncaponts House ; begining 
East 10 Deg. South Eighty perch from two Hemlock trees Marked, 
which trees stand on a Bridge of Upland, Ruiiing Northerly and Com- 
ing to a point a few Rods from said Ti'ees, which ai'e about ten Rods 
from a Sand bank on the Elast side of said Branch of Housatanock 
River, just above Unkameets AP Katankemets Road, where it Crosseth 
said branch, and from the End of the aforesaid Eighty perch from said 
Trees it Runs North 10 deg East, two hundred & forty perch ; thence 
West 10 G"" North four hundred perch thence South 10 Gr. West four 
hundred perch, thence East 10 Gr. South four hundred perch and from 
thence 10 Gr East One hundred & Sixty perch to" the Eastern End of 
the first Eighty perch 

Read & 

Ordered that the plat be Accepted & the Lands therein Delineated 
& described be and hereby are Confirmed to the said John Stoddard 
Esq"" and to his heirs and assignes forever to Satisfy the Grant within 
mentioned provided the same Interfere with no former Grant, provided 
Also that the Memorialist Do within the space of twelve Months by 
a Survey"^ and Chaiumeu on Oath Actually Run and Mark out on the 
Spot the lines at the place & According to the Description within men- 
tioned and make Return thereof to this Court within the Term afore- 
said. \_Passed June 22. 



CHAPTER 43. 

ORDER ALLOWING £120 TO ROB^ BALL. 



A PETITION of Robert Ball Keeper of the Lighthouse at the Entrance Legislative 
of the Harbour of Boston, Praying that an Establishment may be made councif xvi!^^ 
him for his Services the Year Currant the last Year Expiring the last 34-2 . 
day of November past Which was at One hundred and twenty pounds House Jour- 
^ annum and also that he maj' have Some Allowance on the Account ^nte,'^\iQ 
of the Charge he is at for firewood chap'. 241. 

Read & in Answer to this petition. 

Ordered That the Sum of One hundred & twenty pounds be Granted 
and Allowed to be paid out of the Publick Treasury to the petitioner 
Robert Ball in full for his Services in keeping the Lighthouse for the 
Year Currant, to be Accounted from the Eighth day of November last 
past. \_Passed June 22. 



CHAPTER 44. 

ORDER OF NOTICE ON THE PETITION OF THE INHAB^s OF THE CLAP- 
BOARD TREES IN DEDHAM FOR A COMMITTEE ON BOUNDARY LINES. 

A PETITION of Jonathan Ellis, Jedediah Tucker, and thirty others Legislative 
Inhabitants of Dedham, and of that part of the Town Called the Clap- counc*if.xi£^ 
board Trees ; Praying that forasmuch as the Court hath Set them off 342. 



280 



Province Laws (^Resolves, etc.). — 1736. [Chap. 45.] 



naTf '6T62 ^^'°^ ^^® South precinct there as well as the North, A Com'*'"' of this 

Ante, p. 23, "' Court may be Appointed to Repair to that part of Dedham Called the 

chapiigi^'"^^^' Clapboard trees, and in Order to Adjust Matters & prevent Differences 

between them and the Other precinct, Notifying all Concerned of the 

time & place of meeting, and that the said Com'"'^ may be Inipowred to 

delineate Certain bounds & lines, whereby they may be Circumscribed, 

& that they may be also Vested with P^qual Powers priviledges & Im- 

munitys with any other precinct ; which accompanied a Petition of M"" 

Byfield Lyde Praying that his Farm in said Town of Dedham may belong 

& be Accounted as part of the Clapboard tree Precinct 

Read & 

Ordered that the Pef' Serve the North & South Precinct in Dedham 
with Copys of these petitions that they Shew Cause, if any they have, 
on the fii'st Thursday of the next Sitting of the Court why the prayer 
thereof should not be Granted ; and the petitions are Referr'd in the 
mean time for Consideration. [^Passed June 22. 



CHAPTER 45. 



Legislative 
Becords of the 
Council, xvi., 
343. 

House Jour- 
nal, p. 61. 



ORDER OF NOTICE ON THE PETITION OF ELISAB. SLAUGHTER & 
OTHERS IN REGARD TO CONFIRMATION OF A DEED. 

A Petition of Elizabe th Sl aughter of Boston Widow of John Slaugh- 
ter of Boston Mariner deced, and Samuel Buttler and Mary his Wife ; 
which Mary is the only Child of the said John, Shewing that on the 
Seventh of May 1713, the said John for the Consideration of Seventy 
five pounds in Bills of Credit purchased of Gyles Goddard and William 
Parkman of Boston, Ad mors of the Estate of Edward Taylor late of 
Boston aforesaid Housewright deced Insolvant, All that Messuage or 
Tenement of said Taylors, with the Appurces at the Southexiy end 
of Boston, bounded in the Front or Northerly end by Essex Street 
so Called, who were Impoured and Accordingly in the said Capacity, 
by Leave Obtained from the Hon"'' the Justices of his Majestys Sup"^ 
Court of Judicature, on the first Tuesday of May 1713 at Boston afore- 
said, did by a deed of Sale Under their hands and Seals and duly Ac- 
knowledged, for the Consideration aforesaid Bargain Sell and Convey 
to the said John his heirs and assignes with Sufficient AVarranty, the 
said Messuage Lands and premisses; And the said Goddard (who was 
Grandfather of the said John & his Attorney) kept the said Deed Untill 
his Death, and after the Death of the said Goddard the said Deed was 
found Amongst his papers with the Seal torn off, as it Appears, Ex- 
hibited with the petition ; Praying for Such Relief in the premisses as 
to the Wisdom and Justice of this Court shall seem Meet, Especially 
considering that the Consideration money was accounted for to and 
Among the Creditors 

Read & 

Ordered that the pef Serve Elijah Vinal the Adverse party, with a 
Copy of the petition, that so he shew Cause on Fryday the Twenty fifth 
Currant, if any he have, why the prayer thereof should not be Granted ; 
And the petition is Referr'd to that time for Consideration. [^Passed 
June 22. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1736. 281 



CHAPTER 4:Q. 

ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO SAMi- BUTTER- 
FIELD. 

A Plat of three hundred Acres of Land laid out by Samuel Cum- Legislative 
mins Survey'' aud Chaininen on oath, to Satisfy a Grant of this Court couudf xVi'^^ 
of the first of January last to Samuel Butterfield of Chelmsford, lying 346. Map's aiid 
on Merrimack River, near Namaskeag ; bounded as follows, viz' begin- ^^"°^' ^•' ^^' 
ing at a pine tree by the River & Runing West 22 deg. South two hun- pf!/ng''^"*^* 
dred «& Eighty Nine Rods to a Maple Marked with O B, thence North u 6 /s.' House 
22 deg. West One hundred & forty Rods to a pine Marked C B from STpl'-isif*" 
thence East 22 deg. North four hundred Rods to a pine Marked ; from *^^'''P- '*3- 
thence East 30 deg. South thirty Plight Rods to a pine Marked O B at 
Merrimack River and then by the River to the bounds first mentioned. 

Read and 

Ordered that the plat be Accepted and the Lands therein delineated 
&, described be & hereby are confirmed to the said samuel Butterfield 
his heirs & assigns for Ever he or they complying with the Conditions 
of the Grant provided the plat exceeds not the quantity of three hun- 
dred acres of Laud and does not interfere with any former Grant. 
\_Passed June 23. 



CHAPTER 47. 

ORDER IMPOWERING THE TOWN OF PEMBROKE TO SURVEY AND LAY 
OUT 500 ACRES OF LAND FOR A SCHOOL. 

A Petition of Elisha Bysb}' Esq"" in behalf of the Town of Pembroke, Legislative 
praying the said Tow^n may obtain a Grant of Some of the Unappro- coundf xvf'^ 
priated land of the Province the better to Enable them to keep a Gram- 347. 
mer School in consideration of the Expence they are at in Maintaining House .Jour- 
the Ministry and Grammer School in said Town of which the Indians o^'^'.pp- 16.23, 
living therein, have an Equal Advantage, tho they are Excused from 
paying any Taxes towards the Support of the Ministry and School there 

Read and in Answer to the within petition 

Ordered that five hundred Acres of the Unappropriated lands of the 
province be and hereby are Given and Granted to the Town of Pembroke 
in the County of Plymouth for the use of and the better to Enable the 
said Town to keep a Grammer School therein, and the said Town of 
Pembroke is hereby allowed and Impowred by a Survey"^ and Chain 
men on oath, to Survey and lay out the said five hundred Acres of 
Land so as not to incommode the Settlement of a New Township, & 
that they Return a plat thereof to this Court wathin twelve JMonths 
for Confirmation to the said Town of Pembroke for the use of & the 
better to Enable them to keep a Grammer School as aforesaid. \_Passed 
June 24. 



282 



Province Laws {Resolves, etc.). — 1736. [Chaps. 48, 49.] 



CHAPTER 48. 



ORDER DECLARING THE PROCEEDINGS OF A MEETING OF THE PRO- 
PRIETORS OF LITCHFIELD NULL AND VOID, AND AUTHORIZING A 
NEW TOWN MEETING. 



Legislative 
Records of the 
Council, xvi., 
326, 348. 

House Jour- 
nal, pp. 31, 71, 

72. 



A Petition of Natbanael Curtis and Josiah Cummins, with Sundry 
others Inliabitants of the Town of Litchfield, in the County of Middle- 
sex ; Complaining of Sundry Irregularitys in the proceedings of the 
last Meeting there in March praying that the same may be Declared 
Null and Void, as being Contrary to Law and Order ; and that a War- 
rant may Issue forth for the Calling a meeting for the Choice of Town 
officers for the Currant Year for the Reasons mentioned 

Read ; And it Appearing that the Adverse partys have been Served 
with a Copy of this petition, and no answer being Given in and the 
Matter being fully considered. 

Ordered that the prayer of the petition be so far Granted as that the 
whole proceedings of the Meeting herein mentioned be & hereby are 
Superceeded and declared Null & Void, and that the Selectmen of the 
Town of Litchfield for the Year 1735, be and hereby are fully Impowred 
and directed as soon as may be to Issue out their Warrant, directed to 
the Town Clerk, Requiring him to Notify and warn the Freeholders, 
and other Inhabitants of said Town, to Assemble at such time and in 
such place in said Town, as shall be Expressed ; And the said Voters 
so Assembled (under the Government and Direction of Benj'' Prescott 
Esq' who is hereby Appointed and fully Authorized and Impoured to 
be the Moderator of the said Meeting, and to whom the Town Clerk 
is Strictly Required Seasonably to Return the Warrant for Calling the 
Meeting with his doings thereon) are hereby Impowred to make Choice 
of Town officers, in the said Town for the Year Currant ; which Choice 
shall be Deemed Good and Valid as tho they had been made in the 
Month of March last. \_Passed June 24. 



CHAPTER 49. 



ORDER OF NOTICE ON 



THE PETITION OF GEO. 
OF AN ACTION. 



WELLS FOR REVIEW 



Legislative 
Records of the 
Council, xvi., 
351. 

House .Jour- 
nal, p. 260 
(March, 1736) ; 
p. 75. 



A PETITION of George Wells of Boston Sailmaker, praying that he 
may be Allowed to Review an Action of the Case, brought Against 
him by one James Anderson of North Yarmouth in the County of 
York, at the Inferiour Court held at Falmouth for said County, on 
the first Tuesday in October last, for the Recovery of Twenty pounds, 
when Judgment went against him by Default ; the pef not being Able 
to Attend the Court thro. Indisposition of Body (as he says) And he 
is Able to make it Appear he owes the said Anderson Nothing. 

Read & 

Ordered that the petition be Revived, and that the petitioner Serve 
the Advei'se party with a Copy of the petition, that he shew Cause, if 
any he have, on the first Tuesday of the next Sitting of the Court, why 
the prayer thereof should not be Granted, and the Execution within 
mentioned is Stay'd in the Mean time. \_Passed June 26. 



[1st Sess.] Province Laavs {Resolves, etc.). — 1736. 288 



CHAPTEK 50. 

ORDER OF NOTICE ON THE PETITION OF JOHN OLD. 

On the petition of John Old, [anie, p. 193, chap. 160] Legislative 

On a Motion Made and Seconded, The Question was put, Whether Council, xvi., 

the petition shall be Revived? Resolved in the Affirmative & — 

Ordered that the pef Serve the Adverse party Ephraim Haywood^ or na'i"^'^ tc"*^' 
his Attorney with a Copy of the petition, that he shew Cause if any ^'nt'e, p. 193, 
he have on the first Thursday of the next Sitting of the Court, why '''^'^'^' ^^^' 
the prayer thereof should not be Granted and the petition is Referr'd 
in the Mean time for further consideration. [_Passed June 26. 



CHAPTER 51 



ORDER OF NOTICE ON LIDDEL BUCKS PETITION TO FILE AN APPEAL. 

A Petition of Liddell Buck of Dedham in the County of Suffolk, Legislative 
Shewing That at a Court of General Sessions of the peace held at cmS xii.^^ 
Boston for the County of Suffolk aforesaid, in April 1735, he was ^^'^^ ^^^- 



Accused of One Rebecca Wight ^ of being the Father of a Bastard Legislative 
Child and Sentence was passed Against him tho the pet'' declared his Councif, xvi.f 
Innocence and Saith, it is. a Molutto Child, and that he being Igno- j^^'r^C'^^^se 
rant of the Law did not Claim an Appeal from Said Sentence Praying "7. Province ' 
that he may be Admitted to An appeal from the Sentence of said ^ha^fe!"'*^*^' 
Court of General Sessions of the peace to the next Court of Assize 
to be holden at Boston in August next 

Read & 

Ordered that the Consideration of this petition be Referr'd to Wednes- 
day next if the Court be then Sitting if not to the first Thursday of the 
next Sitting of the Court and that the pef Notify the Adverse partj^ 
Rebecca Wight & Eliphalet Holbrook, that they Shew Cause if any 
they have, why the prayer thereof should not be Granted, And all 
proceedings in the Law Relating to the premisses are Stay'd in the 
Mean time. \_Passed June 26. 



CHAPTER 52. 

ORDER GRANTING COL" GOREHAM &c FURTHER TIME TO RETURN A 
PLAT OF A TOWNSHIP. 

Ordered that twelve Mouths time more be Allowed to the Canada Legislative 
Officers and Soldiers Mentioned in the petition of Subal Goreham councff x* i^^ 
Esq^ as Entred the Eighteenth of June last, [aw^g, p. 140, chap. 36] 352. '' '' 
to take and Return a plat of their Township they^ Survey'' on whom House Jour- 
they Depended having failed them. \_Passed June 28. ^ntF'n\iQ 

1 The House JournaJ, p. 76, reads, " Hayward." 

2 The House Journal, pp. 56, 77, reads, " Wright." 

3 Written " the," in the State Library copy, Legislative Records of the Council, xvi., 352. 



284 



Province Laws {Resolves, etc.). — 1736. [Chaps. 53, 54.] 



CHAPTER 53. 



ORDER ON THE PETITION OF EDWARD WINSLOW ESQ" FOR STAY 

EXECUTION. 



OF 



Legislative 
Records of the 
Council, xvi., 
352. 

House Jour- 
nal, p. 80. 
Ante, p. 277, 
chap. 38. 



A Petition of Edward Winslow of Boston Esq"" Praying the Order 
of this Court for Staying An Execution taken out against him as Sheriff 
of the County of Suffolk at the Suit of Henry Stoaks, Occasioned by 
an Action, Original}}' Commenced and prosecuted by the said Henry 
Stokes Against Nathanael Salstonstall jun', the said Salstonstall by 
his Attorney William Blin having Given Bond Agreeable to the Order 
of this Court for what may be finally Recovered on another Tryall ; 

Read & 

Ordered that the prayer of the petition be Granted and that the 
Execution Against the pet"^ therein ^lentioned be Stay'd till the final 
Issue of the Action between Henry Stokes & Nath' Saltoustall therein 
also Referr'd to ; the Costs to Remain as they are. [^Passed June 29. 



CHAPTER 54. 



ORDER OF NOTICE ON THE PETITION OF JOHN COLMAN FOR IMPOW- 
ERING THE JUSTICES OF THE SUPERIOR COURT TO GIVE BACK TO 
REFERREES AN ACTION. 



Legislative 
Records of the 
Council, xvi., 
352. 

House Jour- 
nal, pp.40, 80. 



A PETITION of John Colman of Boston Esq'' Shewing That he had 
an Action Depending in the Superiour Court of Judicature for the 
County of Suffolk, which was held at Boston in August last. Wherein 
the pef was plan* Against John Darrell Def and that he was pre- 
vaild with to Enter into a Rule of Court, to Submit all Differences 
between them to Referrees, that after a full hearing of both partys, 
the said Referrees brought in their Report to the said Court at their 
Adjournment, and Awarded to the said Darrell to pay to the pet" 
Twenty pounds damage, but omitted mentioning the Costs, and that 
the said Court Entred up Judgment Accordingly without Allowing 
Costs to the pet"^ Notwithstanding the Referrees (being Examined 
by the Court) declared it was their Intent and Meaning, that the 
said Darrell should pay the Costs, and that they Expected the Court 
would have Added it to the Debt or damage ; but the Court did not 
see Cause so to do ; praying that the said Court may be Impowred 'to 
Give back the said Report to the Referrees, that they may Act what 
they think may be Just and Right for the petitioners Relief. 

Read and 

Ordered that the peV Serve John Darrell within named, with a Copy 
of this petition, that he may Shew Cause if anj'^ he hath on tuesday the 
fifteenth Currant at ten aClock in the Forenoon why the prayer thereof 
should not be Granted 

In the House of Represenf^ 

Read & Non Concurr'd and The Question was put. Whether the 
prayer of the petition shall be Granted? It pass'd in the Negative & 

Ordered that the petition be Dismissed 

In Council Read & Nonconcurr'd and the Council Adhere to their 
own Vote In the House of Represent" Read & Concurr'd with 

the Amendments viz' Dele. On Tuesday the fifteenth Currant & Add 



[1st Sess.] Province Laws (Resolves, etc.). — 1736. 285 

On Fryclay the Second of July next, if the Court be then Sitting, if 
not on the first Thursday of the next Sitting of the Court.^ \_Passed 
June 29. 

CHAPTER 55. 

ORDER OF NOTICE ON THE FALMOUTH PETITION REFERRING TO SAM'- 

BARKER'S FERRY. 

A PETiTiox of the Town of F'almouth & of Joseph Parker & others, Legislative 
Shewing that the General Court in Answer to the petition of Samuel councif xVi'^^ 
Barker, Some years Since were pleased to Grant that his Landing 355. 
place at Woods hole in Falmouth should be a Ferry place and the House Jour- 
Town of Falmouth were not Notified, so that they had not an opper- pi^jjy^ince 
tunity of making their Objections thereto; And Shewing further that Laws, xi., 658, 
they doubt not but they could make it Appear that the said Ferry ^,f/e,'p."20i, 
place is Unnecessary, And that the Old Feri-y place is most Conven- chap.i76. 
lent, the publick Way leading to it very Good, and a Nearer passage 
for Travellers than the way proposed to Barkers Ferry place ; Pray- 
ing that all the proceedii>gs Relating to the Said new way may be 
Quashed, and Declared Null & Void ; and that the Justices of the 
Court of General Sessions of the peace for the County of Barnstable 
ma}^ be Directed (if the said Barker should desire it, and they should 
think it any way Necessary' for the said Barkers Conveniency) to pro- 
ceed therein for the future as they shall think Lawf uU and Convenient, 
as if no former Order Relating to the premisses had been made or given 
b}' the General Court 

Read & 

Ordered that the pef Serve the said Samuel Barker the Adverse 
party with a Copy of the petition, that he shew Cause if any he have 
on the first Tuesday of the next Sitting of the Court, why the prayer 
thereof should not be Granted, and the petition is Referr'd to the said 
time for consideration Accordingly. [Passed June 30. 



CHAPTER 5Q. 

ORDER CONFIRMING A PLAT OF 1,500 ACRES OF LAND TO THO. PLAI- 

STEAD. 

A Plat of Fifteen hundred Acres of Land laid out by Joseph Wilder Legislative 
Esq'' Survey"" by Virtue of a Grant made by this Court in January last councif xvi^^ 
to M"" Thomas Plaistead lying between Lancaster Additional Grant and 356. 
Wachusett hill, bounded partly on said Grant and partly on Province House Jour- 
Lands and partly on the Farms hereafter mentioned ; Begiuing at the ^lte,v^ii\. 
Easterly Corner of the Farm Called Brightmans Farm, from thence chap. 220. 
Runing East 10 Deg. North twenty Rods to the Brook, which is Lan- 
caster line ; then Northerly up the Brook, One hundred and Forty Rods, 
to the place where Lancaster line Meets said Brook, from thence Run- 
ing North 19 Deg : West on Lancaster line One hundred & Sixty Rods, 
to their West Corner, being a heap of Stones thence Runing North 33 
Deg. East on said Lancaster line two hundred & Seventy Rods to a heap 
of Stones ; thence North 56 Deg. AVest three hundred & fifty Si-x Rods 
to a pine tree mark'd ; thence West 9 deg. North Sixty Eight Rods to 
a pine tree marked, thence South 49 deg. West One hundred & twenty 
Rods to the South Corner of the Farm laid out to the heirs of the Rev*^ 

' At the hearing December 2, 1736, House Journal, p. 22, this petition was dismissed. 



286 



Province Laavs (^Resolves, etc.). — 1736. [Chaps. 57, 58.] 



M'' Joseph Willard thence West 7 deg. North fifty two Rods to a Hem- 
lock tree Mark'd ; thence South 3 deg. East to the East Corner of the 
Farm laid out to Cap* Joseph Stevens, and with it two hundred and 
Seventy Rods to the Farm laid out to M"" Mahew and with the said 
Farm 55 deg. East three hundred & twent}' Rods to the East Corner 
thereof then South 35 Deg. West with said Farm & with a Farm laid 
out to Watertown three hundred & Ninety Six Rods to a heap of Stones 
and from thence to the bounds first mentioned : In which plat is an 
allowance of one Acre in fifty for Swag of Chain And said Land is 
valued and Adjudged to be worth ten shillings ^ Acre 

Read & 

Ordered that the plat be Accepted, and tlie Lands therein Delineated 
and Described, be and hereby are Confirmed to the said Thomas Plais- 
tead, his heirs and Assignes ; Provided the said Thomas Plaistead makes 
the Quantity of Thirty tuns at least of Potash, and Send the same to 
London according to his proposals, mentioned in the Report of a Com"^^ 
of this Court, Accepted and pass'd in Janry last, and Carry's on the 
Manufacture to the Open View and observation of every person, desir- 
ous of Seeing the Same, and discovers the Mistery thereof to all such 
as would be Acquainted with it ; provided the plat exceeds not the quan- 
tity of fifteen hundred acres of Land and does not Interfere with any 
former Grant. \_Passed July 1. 



CHAPTER 57. 

ORDER GRANTING POWER TO LIDDELL BUCK TO FILE REASONS OF 

APPEAL. 



Legislative 
Kecorrls of the 
Council, xvi., 
358. 

House Jour- 
nal, pp. 88, 89. 
Ante, p. 283, 
chap. 51. 



A PETITION of Liddel Buck of Dedham \_ante, p. 283, chap. 51] 
Read, together with the Answer of Rebecca Wight and the same being 
fully considered. 

Ordered that the prayer of the petition be Granted and that the pef 
be Allowed & Impowred to file his Reasons of Appeal from the Judg- 
ment within Mentioned, in the Clerks office of the Superiour Court of 
Judicature Court of Assize and General Goal Delivery, to be held in 
Boston, the Second Tuesday in August next, fourteen days at least 
before the Sitting of the said Court ; and the Justices of the said 
Court are Impowred and directed to hear and Determine the Same 
and to Enter up Judgment Accordingly ; the Costs already Arisen to 
Remain as they are ; provided the pet"^ Serve the Adverse party with 
a Copy of the Reasons of Appeal and this Order fourteen daj^s at 
least before the Sitting of the said Court; And the process within 
mentioned is hereby Ordered to be Stay'd in the Meantime. \_Passed 
July 2. 



CHAPTER 58. 



ORDER FOR A TOWN MEETING OF THE PROPRIETORS OF THE NEW 
TOWN BACK OF NORTH YARMOUTH. 



Record^onhe Ordered that M"" John Hammond, One of the Grantees in the New 
Council, xvi., Township^ lately made to Jonathan Bowers " & others lying on the back 
'^ of North Yarmouth in the County of York, be and herelDy is Authorized 

1 This township became Gra^', Maine. 

2 Sic, in both copies of Court Records, but the name should be "Powers," it seems. 
See ante, p. 276, chap. 34. 



[1st Sess.] Province Laws (Besolves, etc.). — 1736. 287 

and Impoured, as soon as may be, to Assemble and Convene in some House Jour- 
Suitable place, the said Grantees, that they may make Choice of a pro- ^nte,\^hi(,, 
prietors Clerk and pass Such Votes & Orders as may be Agreeable for chap. 34. 
bringing forward the Settlement of the Township, According to the Con- 
ditions of the Grant, & also to Agree how to Call Proprietors Meetings 
for the future. [^Passed July 2. 



CHAPTER 59. 

ORDER FOR A MEETING OF THE GRANTEES OF THE TOWN GRANTED 
TO CPT. GARDNERS SOLD^^^. 

Ordereclthsit the Grantees in the Township^ Granted to Samuel Newell Refords'of the 
& others Soldiers & Officers in the Company under the Command of Cap' council, xvi., 

Andrew Gardner, in the Canada Expedition, be and hereby are Impowred ^^ 

& directed, When they assemble to Give Bond &c According to Order, ^ai^^^ss*"^ 
to meet as proprietors and Chuse a Moderator, Proprietors Clerk, & Anie,'\).2i3, 
Com''^'^ to lay out their Home lots, or first Divisions, & to do & pass ^'^**p-^i- 
Votes that may be necessary for the Fulfillment of their Grant and Agree 
Upon Methods how to Call Proprietors meetings for the future. [^Passed 
Jidy 2. 

CHAPTER 60. 

ORDER APPOINTING A COMMITTEE TO RECEIVE OF THE LATE TREAS- 
URER ALLEN THE BILLS OF CREDIT WITH THE BOOKS AND PAPERS 
IN HIS HANDS. 

In the House of Represent* Ji^^^^*^^"^!.^ 

-— . xtGcorcls of the 

Ordered that Elisha Cooke William Brattle and Ezekiel Cheevers council, xvi.. 

Esq" and M' Thomas Gushing jun"^ with such as shall be Joined by ^ 

the Hon"'' Board be a Com'^<= "to Receive of the late M' Treasurer ^^fj"®^^^^' 
Allen the Ballance of the province Accompt in Bills of Credit in his ' 
hands, with all the Books and all papers and other things belonging 
to the Province, Under his present Care, and to give him a Receipt 
therefor ; And that the said Com''^" deliver the Ballance, Books and 
papers to M"' Treasurer Foye, taking his Receipt for the same In 
Council Read & Concurr'd and William Dudley Jacob Wendell Anthony 
Stoddard and Samuel Welles Esq"^' are Joined in the Affair. [^Passed 
Jtdy 5. 

CHAPTER 61. 

ORDER FOR A MEETING OF GRANTEES OF Y^ NARRAGANSET TOWN N" 7. 

Ordered that Shubal Goreham F^sq'' be and hereby is fully Authorized Legislative 

RGCOrCiS Ol tllG 

and Impowred to Assemble and Convene in Some Suitable place and as council, xvi., 

soon as may be the Grantees of the Narragansett Town Number Seven, ^^ 

Adjoyning to Falmouth, & Pesumpsutt River, in the County of York, House .Jour- 
Made to the Narragansett Officers and Soldiers in the Company Under pVdvince' ^^ 
the Command of the late Cap' John Goreham deced, and in Answer to ^ifa^^'1'55!' ''*'' 
the petition of the said Shubal Goreham Esq' That the said Grantees in 
such time and place make Choice of a proprietors Clerk and pass such 
Rules and Orders as may be Agreeable to the Conditions of the Grant 

• This township became Warwick. 



288 



Province Laws {Resolves, etc.). — 1736. [Chaps. 62-64.] 



for bringing forward the Settlement of the Township ^ and also to Agree 
on some Regular Method how to Call proprietors Meetings for the future. 
[^Passed July 5. 



CHAPTER 62. 

ORDER GRANTING £100 FOR A PRESENT TO THE PENOBSCOT INDIANS. 



Legislative 
Records of the 
Council, xvi., 
364. 

Legislative 
Records of the 
Council, xvi., 
344, 348, 349 his, 
359,363. House 
Journal, p. 95. 



In the House of Represent^ 

Ordered that the Sum of One hundred pounds be Granted and paid 
out of the publick Treasury to M"" Timothy Prout and M'' Oxenbridge 
Thatcher, with such as shall be Appointed by the Hon"^ Board by 
them to be Disposed of in purchasing such things as may be proper 
for a present to be made the Penobscot Indians now at Boston in the 
name of this Government 

In Council Read & Coucurr'd & John Jeffries Esq'' is Joined in the 
affair. \_Passed July 6. 



CHAPTER 63. 

ORDER IMPOWERING SAM^- BURNEL TO BRING AN ACTION DE NOVO 
WITH STAY OF EXECUTION. 



Legislative 
Records of the 
Council, xvi., 
357, 364. 

House Jour- 
nal, pp.87, 97. 



A PETITION of Samuel Burnell of Boston, Praying That he may be 
Admitted to a Trial at the next Inferiour Court to be held at Boston 
for the County of Suffolk, of an Action lately Commenced Against 
him by Joseph Lewis of Boston, when Judgment went Against him 
by Default ; which Accidently happened by the Miscarriage of a Let- 
ter from his Attorney, Advising of the Actions coming on 

Read together with the Answer of Joseph Lewis and the matter being 
fully considered 

Ordered that the prayer of the petition be so far Granted, as that 
the Execution against the pef last Issued be and hereby is Super- 
ceeded, and no other Execution Issue on the Judgment witliin men- 
tioned but for Costs, and that the Respondent have Liberty at an 
Inferiour Court of Common pleas, to be holden within and for the 
County of Suffolk, to bring his Action de novo Against the pef (to 
which the Judgment aforesaid shall be no Bar) And the Justices of 
the said Court are hereby Impowred and directed to hear and Deter- 
mine the Same Accordingly. \_Passed July 6. 



Legislative 
Records of the 
Council, xvi., 
364. 

Mass. 
Archives, 
xxxi., 198. 
House .Jour- 
nal, p. 97. 
Supra, chap. 
62. 



CHAPTER 64. 

ORDER ALLOWING £200 FOR A PRESENT TO THE PENOBSCOT INDIANS. 

In the House of Represent'^ On a Motion Made and Seconded by 
Divers Members 

Ordered that the sum of Two hundred pounds, inclusive of the One 
hundred pounds voted Yesterday be Granted and paid out of the pub- 
lick Treasury to M"^ Timothy Prout and M'" Oxenbridge Thatcher with 
such as the Hon''''' Board shall Join by them, to be Disposed of in pur- 
chasing such things as may be proper for a present to be made the Penob- 

1 This township became Gorham, Maine. 



[1st Sess.] Province Laws {Resolves, etc.). — 1736. 289 

scot ludiaus now at Boston in the name of this Government In 

Council Read & CoucuiT'd and John Jeffries Esq*^ is Joined in the affair.^ 
\_Passed July 6. 

CHAPTER (5 5. 

OliDER SUBSTITUTING SETH WILLIAMS ESQ^ FOR EDWARD GODDARD 
ON THE COMMITTEE FOR LAYING OUT CAP'^ GALLOPS TOWN. 

Ordered That Seth Williams Esq"" be One of the Com''^'' for laying Legislative 
out the Township, Granted by this Court to Cap' Samuel Gallop & counc'n xvil^^ 
others, that were in the P^xpedition to Canada in 1690, in the Room 365. 
of Edward Goddard Esq"" who Excused himself the last Session of House Jour- 
this Court. [Passed July 6. "w^e^p! U2, 

cliap'. 39. 



CHAPTER 66. 

ORDER CONFIRMING A PLAT OF THE TOWNSHIP GRANTED TO CPT. 

SYLVESTERS C". 

A PLAT of the Contents of Six Miles Square, with the Allowance of Legislative 
One Rod in thirty for Swag of Chain & Uneven lands as also for one councif, xvi., 
hundred Acres of Land, Granted to CoF Josiah Willard & five hundred pians^^x^^sr"^ 
Acres for ponds, Sui'veyed and laid out by Josiah Willard Survey"" and rr — '-—{ — -- 
Chain men on Oath, to Satisfy a Grant of this Court made to the Officers phinsfx., 20. 
and Soldiers in the Company, late Under the Command of Cap' Joseph ^hnv i^^v.'iio 
Sylvester deced, and lying Easterly of the Township of Arlington so chap. 218. 
Called, & bounded as follows viz' Begining at a piller of Stones erected 
for the South Easterly Corner of said Arlington ; thence Runing East, 
Six Miles to a hemlock tree Mai'ked with I S from thence Runing North 
Six Miles & fifty Six perch to a Maple tree Marked I S ; thence West 
44 deg. North Seven hundred & thirteen perch to a heap of Stones on 
the lower Ashuelet line from thence S° 43 Deg. West on the Ashuelet 
line One thousand One hundred & Ninety three perch to a piller of Stones ; 
then West 18 deg. North Six hundred forty perch to a piller of Stones ; 
and then Running South on Arlington line, five Miles & One hundred 
aud fifty Rods, to the pillar of Stones first mentioned ; which plat 
Accompanied the Report of the Com"^*" Appointed to lay out the said 
Township 

Read and 

Ordered That the plat be Accepted and the Lands therein delineated 
and described be & hereby are confirmed to the Officers & soldiers in 
the Canada Expedition Anno 1690 in the Company late under the Com- 
mand of Cap' Joseph Sylvester deceased aud to their heirs and assigns 
aud to the Heirs legal Representatives and descendants of such of them 
as are since deceased and to their heirs aud Assigns respectively for Ever 

1 <<Pqj. Presents made the Eastern Indians out of the Stock for a Trade w'h 1 

1736 v-^ Indians | " 

July To Cash p'' George Monk for 9 Shirts thread &c . . . . [£]26. 19. 6 

p'l for 100 Shott & 25 powder ....... 13 _ _ 

p'' for 9 hatts Lac'd 31. 19. 5 

p'' for 9 Scarlet Blanketts 64. 16 - 

p'l for Lace for Ditto 18. 16 - 

p'' for 7 small Amies ......... 35 - - 

p'l for 3 Ostndge Feathers 7. 10 - 

p*! for 20 Tobacco & 1 gro pipes . . . . . . 1. 19. 1 

£200. -. -" 



290 'PROVUiC'E IjAws {Resolves, etc.). — 1736. [Chap. 67.] 

they complying with the Conditions of the Grant, provided the plat ex- 
ceeds not the quantity of Six Miles square of Land exclusive of the Grant 
of One hundred acres to Col" Willard, & the allowance for swagg of Chain 
and ponds as within mentioned, and does not interfere with any other 
former Grant. [^Passed July 6. 



CHAPTEK 67. 

Legislative VOTE FOR CONTINUING PETITIONS &c. 

Records of the 
Council, xvi., 

366. Voted that all petitions and other Matters and thmgs now before the 

House Jour- Court and not already pass'd on be Ref err'd to the next Sitting for con- 
nai, p. 99. sideration. [Passed July 6.'^ 

1 Continued by sundry prorogations to the twenty-fourth day of November, A.D. 1736. 



[2d Sess.] PROvmcE Laws {Resolves^ etc.). — 1736. 291 



RESOLVES, ORDERS, VOTES, ETC. 

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

1736. 



CHAPTER 68. 

ORDER ON HULDAH DURINGERS PETITION TO BE ADMITTED A GRANTEE 
IN THE TOWNSHIP GRANTED TO THE HEIRS OF CAP^ ANDREW GARD- 
NER'S COMPANY. 

A PETITION of Huldah Duringer of Roxbury, Shewing, That her late Legislative 
P'ather Cap' Lamb was Master of a Transport in the Expedition to Can- Records of tiie 
ada in the Year 1690 ; praying that She may be Admitted as a Grantee 371. '' ' 
in the Township lately Granted to the heirs of Cap' Andrew Gardner & House Jour- 
Company (their Number not being full) Upon her performing the Con- ^^il'^-i 
ditions enjoined by this Court to the Grantees. chap', si. ' ' 

Read & 

Ordered that the prayer of the petition be Granted, And the Com'^" 
Appointed to Admit Grantees into the New Townshii) within Mentioned 
be and hereby are Impowred and Directed to Admit the pef into the 
Grant on the Terms and Conditions the other Grantees were Ordered 
to he Admitted. [^Passed November 27. 



CHAPTER 69. 

ORDER WITH NOTICE REFERRING THE PETITION OF ROB'^ POND & 
OTHERS OF WRENTHAM TO BE ERECTED INTO A TOWNSHIP. 

The petition of Robert Pond Baruck Pond & others of Wrentham Legislative 

\_ante, p. 268, chap. 19] Records of the 

Read, together with the pet° of Eleazer Thayer John Fairbanks & 373. '' ' 
others ; Which being Considered, House Jour- 

Ordered that the petition be Referr'd to the Fifteenth of December f^'tf^;\ll^ 
next, and that in the Meantime the Selectmen of Wrentham Notify as chap'. 19. 
soon as may be the Inhabitants of said Town, qualified by Law to Meet 
at some Convenient time & place in order to their further considering 
and giving Answer to this petition that so the Mind of said Town may 
be fully known to this Court. \_Passed November 29. 



292 



Province Laws (^Resolves, etc.). — 1736. [Chaps. 70, 71.] 



CHAPTEK 70. 



Legislative 
Records of tlie 
Council, xvi., 
373. 

Maps and 
Plans, Mis., 
lii., 2. House 
Journal, p. 11. 
Ante, p. 232, 
chap. 240. 



ORDER ACCEPTING THE COMMITTEES REPORT ABOUT THE LINE OF 
TOWNS BETWEEN THE MERRIMACK AND CONNECTICUT RIVERS. 

The Com™"^ of this Court for the line of Towns &c make further 
Report of their proceedings thereabout, as follows viz' Having been 
Informed that the North bounds of the Equivalent lands on the West 
Side of Connecticutt River did not Run West, as we platted it, but 
was 22°, 30' North ; which obliged us to Run the two townships on 
that side of the River Accordingly ; Which is Altered in the General 
plat ; And having Sent some of the Com'*''^ to View & Run the lines of 
the Ashuelet Township, that we might be Certain of not Interfering 
with them, and also the North bounds of Arlington, so Called, On the 
East side of Connecticutt River ; we found that One of our Towns on 
that side did Actually Interfere with One of the Ashuelets ; As we 
Were therefore Obliged to reform all ,the four Townships on the East 
side of the said River, and have Reformed them in the said Grand 
plat Accordingly Which We now humbly present for Acceptance. The 
Com""" further Report that having Notified the many pet" for Town- 
ships to Meet at Concord in September last ; when and where we ad- 
mitted Sixty persons or Grantees into the Townships following N° 1. 
2. 3. 5^ on the East Side of Connecticutt River and N*" 1 & 2 on the 
West Side in the Line of Towns N" 1. 2. 5 & 6 & have taken Bonds 
According to Order, of each Grantee, for the fulfillment of their Re- 
spective Grants : AVe have further Notified the Rest of the pet" & 
others to meet us at AYoburn the Seventh of December next, in Order 
to Admit into & fill up the other Towns viz' N"^ 3. 4. 7. 8 & 9. 
which is humbly Submitted by order of the Com""" 

W'^' DUDLEY 

Read & 

Ordered that this Report be Accepted. \_Passed November 30. 



CHAPTER 71. 



ORDER IMPOWERING THE TOWN OF ACTON TO LEVY AND COLLECT A 
TAX OF THREE PENCE PER ACRE ON LAND. 



Legislative 
Records of the 
Council, xvi., 
374. 

House Jour- 
nal, pp. 11, 12, 
Ante, p. 263, 
chap. 7. 



The petition of the Town of Acton [ante, p. 263, chap. 7] 
Read, And it Appearing that publick Notice has been Given to the 
Resident and Nonresident proprietors of the Unimproved Lands in the 
Town of Acton, According to the former Order of this Court ; And no 
Answer being Given, 

Ordered, that the prayer of the petition be Granted, And that the Un- 
improved Lands belonging to the Resident and Nonresident proprietors 
of the Town of Acton (According to the Number of Acres each lot was 
laid out for) be and hereby are Subjected to a Tax of three pence ^ 
Acre ^ Annum for the Space of three Years next coming ; to be Applied 
for Building a meeting house, and Settling a Minister in said Town ; 
And the Assessors of said Town for the time being are hereby Author- 
ized and Impoured to make the said Assessments, and the Constables 
or Collectors there are also directed and Required to Collect the said 



' Qucere, a mistake, it seems, for "4." See the House Journal, p. 11. 



[2d Sess.] Province Laws {Resolves, etc.). — 173G. 293 

Tax of the said proprietors, and pay in the Same According to the Lists 
and Warrants that shall be Committed to them for the uses aforesaid. 
\_Passed November 30. 



CHAPTER 72. 

ORDER IMPOWERING JOHN CHANDLER ESQ" TO SURVEY AND LAY OUT 
1,000 ACRES OF LAND. 

A PETITION of John Chandler of AVoodstock Esq"" Assignee of Josiah Legislative 

Records of tti6 

Cotton Esq"' praying for an Equivalent of P'ive hundred Acres of land council, xvi., 
(Granted by the General Court in the Year 1685 to M'' John Cotton) !!!: 



with the Charge he has been at in prosecuting his Title therein in the Howse Jour- 
Governmeut of Connecticutt, he having finally lost his Cause in the Province' 
Courts there ^h^apfm! ^^' 

Read & in Answer to this petition, Post, p. 379, 

Ordered that the pef .John Chandler Esq"" have leave by a Survey" ^^^^^' *^" 
& Chain men on Oath to Survey and lay out One thousand Acres of 
the Unappropriated Lands of the province, Adjoyning to Some Town- 
ship, and Return a plat thereof to this Court within twelve Months for 
Contirmation, to him his heirs and Assignes as an Equivalent for the 
within mentioned Grant of five hundred Acres of land, and to Reim- 
burse the Charges at Law as within mentioned. \_Passed November 30. 



CHAPTER 73. 

ORDER ACCEPTING A PLAT OF LINE OF TOWNS BETWEEN THE MER- 
RIMAC AND CONNECTICUT RIVERS. 

A PLAT of the Townships laid out bv the Com''''' for the Line of Legislative 

Rpfcords oi tti6 

Towns &c by them corrected as Mentioned in their Report entred council, xvi., 
this day 511^ 

Read & naTT'n"^" 

Ordered that the plat be Accepted. \_Passed November 30. Ante, p. 292, 

chap. 70. 



CHAPTER 74.. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF JON^ ELLIS 
AND OTHERS OF DEDHAM TO BE ERECTED INTO A PRECINCT. 

The petition of Jonathan Ellis & others of Dedham, [an/e, p. 279, Legislative 
chap. 44] As likewise a petition of Byfield Lyde Esq"' praying that his couucif, x vill® 
Farm may be Added to the place Called the Clapboard Trees in ded- 375. 
ham aforesaid. In Council Read, together with the Answers of House .lour- 

the North & South precincts in Dedham, And .4H<el'p!279, 

Ordered that the prayer of the petition be so far Granted, as that chap. 44. 
Joseph Wilder Esq"" with such as the Hon*"^'" House of Represent" shall 
Join be a Com'*''' to Repair to the place petitioned for to be a precinct, 
and View the Same and Consider the Circumstances thereof, and hear 
the partys for and Against tiie petition and Report as soon as may be 
what may be proper for this Court to do thereon : The Com"''' to give 



294: 



Province Laws {Resolves, etc.). — 1736. [Chaps. 75, 76.] 



Seasonable Notice of the time of their going, and the Charge thereof 
to be born as this Court shall Order. 

In the House of Represent" Read & Concurr'd and James Warren 
and P^leazar Porter Esq''' are Joined in the affair. \_Passed Novem- 
ber 30. 



CHAPTER 75. 

ORDER CONFIRMING A PLAT OF THE TOWNSHr LAID OUT TO CAP^ 

GALLOPS COMP\ 



Legislative 
Records of the 
Council, xvi., 
376. Maps and 
Plans, Mis., 
X., 18. 

Maps and 
Plans, Mis., 
X., 18 6 is. 
House Jour- 
nal, pp. 13, 14. 
Ante, p. 142, 
chap. 39. 
Infra, chap. 76. 



A PLAT of a Township laid out by Nath^ Kellog Survey"^ and Chain 
men on oath, to the Officers and Soldiers in the Canada Expedition 
under Cap' Samuel Gallops Command, Granted by this Court in 1735, 
bounded East & West on Unappropriated Lands South partly on Unap- 
propriated Lands and partly on the Townships Granted to the Soldiers 
in the Fall fight Northerly on the Equivalent lands and on Unappropri- 
ated Lands begining at a Stake and Stones in North field West bounds, 
on the West side of Connecticutt River, being also the North east Corner 
of the Falls fight Town ; Runing North 9° 00 West One thousand three 
hundred & Ninety perch to a White pine tree Marked ; thence West 22° 
30. North thirteen hundred & Sixty perch to a stake & Stones (which 
is the South bounds of the Equivalent lands) and Several trees marked ; 
thence West Seven hundred and Seventy five perch to two hemlock trees 
Mark'd & a heap of Stones, between them being about twelve perch East 
of a large Brook Runing Southerly then South Eighteen hundred «fc Sev- 
enty five perch thence East two Thousand three hundred & ten perch to 
where it began 

Read & 

Ordered That the plat be Accepted and the Lands herein delineated 
and described be & hereb}' are Confirmed to the Officers and soldiers 
of the Company late under the Command of Capt" samuel Gallop dec*^ 
in the Canada Expedition Anno 1690, their heirs and Assigns ; and to 
the Heirs legal Representatives and Descendants of such of them as 
are since deceased and to their heirs and Assigns respectively for Ever, 
they Complying with the Conditions of the Grant ; provided the plat 
exceeds not the quantity of six Miles square with the Allowance for 
swagg of Chain within mentioned and does not interfere with any former 
Grant. \_Po,fised December 1. 



CHAPTER 76. 

VOTE FOR A MEETING OF THE PROPRIET^s OF A TOWNSHIP GRANTED 
CAPT GALLOPS COMPANY. 



Legislative 
Records of the 
Council, xvi., 
376. 

House Jour- 
nal, p. 14. 
Ante, p. 289, 
chap. 6.0. 
Supra, chap. 
75. 



Voted That when & as soon as the Com"^% Already Appointed by this 
Court, have Admitted and taken Bond of Sixty persons M"" Daniel Car- 
penter be and hereby is fully Authorized & Impowred to Assemble and 
Convene the proprietors or Grantees of the Canada Township ^ on the 
petition of Cap' Samuel Gallop and Company, in Some Suitable place 
& Convenient time to Chuse a propriet" Clerk, and pass Such Votes 
and orders, as they may think Necessary for the Regular Carrying 
on the Settlement of the Township, Agreeable to the Conditions of 
the Grant and to agree how Meetings shall be Called for the future. 
\_Passed December 1 . 

1 The town was called Guilford, Vermont. 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 295 



CHAPTER 77. 

ORDER IMPOWERING THE TOWN OF UXBRIDGE TO SURVEY AND LAY 
OUT 500 ACRES OF LAND. 

A PETITION of Robert Taft and others a Com''^*^ for the Town of Ux- Legislative 
bridge praying that the Grant of five hundred Acres of Land made by coundf, xVl,^ 

this Court to the said Town may be taken up Else where than in the '^J]_^ 

County of Worcester and Some longer time Allowed them for Return- House Jour- 

nil 1) 13 

iug the plat of the said Laud Ante, p. 248, 

Read & chap. 277; 

Ordered that the pet" be Allowed and Impoured by a Survey"^ and 
Chain men on Oath to Survey and lay out the Grant within mentioned 
in any of the Unappropriated Lauds of the province Adjoining to some 
Township, and that they Return a plat thereof to this Court Sometime 
in the next may Session for Confirmation to the Town of Uxbridge & 
their Assignes. \_Passed December 1. 



CHAPTER 78. 

ORDER IMPOWERING THE INHAB^s OF LAMBSTOWN TO CALL A TOWN 
MEETING OF THE PROPRIETORS. 

A PETITION of the Inhabitants of the Town ^ Granted to Col° Joshua Legislative 
Lamb and Company, Shewing that they are Arrived to the Number councif xVl^ 
of Sixty familys, and praying that, for the better Ordering of their 377. 
Affairs, they may be Incorporated into and Enjoy the priviledges of House Jour- 

a iowu Province 

Rpqrl Jir Laws, xi., 678, 

^®^*^ ^ chap. 68. 

Ordered that the prayer of the petition be so far Granted, as that 
M"' Benjamin Smith One of the pet'' within named be and hereby is 
fully Authorized and Impowred to Notify the Inhabitants and Resi- 
dents on the Tract of Land within named Qualified by Law to Vote in 
Town Affairs, to Convene as soon as may be in Some publick place, 
thereto Chuse Town Oflicers and to Agree Upon Methods for the Sup- 
port of the Ministry, and Defreying other Town Charges ; the Officers 
to stand untill the twenty fifth day of March 1738 ; provided Neverthe- 
less it is hereby Declared that Nothing herein Contained shall extend 
or be Construed to Extend to the Confirmation of the Original Grant 
of the said Tract of Lands but that the same Remain as heretofore 
Untill this Court be fully Satisfied that the Grantees have fulfilled the 
Conditions of their Grant. [^Passed December 1. 



CHAPTER 79. 

ORDER ALLOWING £570 FOR THE PURCHASE OF RAINSFORDS ISLAND, 
AND FURTHER AUTHORIZING THE SALE OF SPECTACLE ISLAND FOR 
£130. 

Ordered that the Sum of Five hundred & Seventy pounds be Granted R®^^^'f!'^|.^ 
and paid out of the publick Treasury to the Hon'''^ John Jeffries Esq"' council', xvi., 
and the other Selectmen of the Town of Boston, by them to be Dis- E!: 

• The town was called Hardwick. 



296 



Province Laws {Resolves, etc.). — 1736. [Chap. 80.] 



?ai"^5*'3"n"'^25i V^^^^ of for the Consideration purchase of a Certain Island in the Har- 
(Ja'miarv, ' ' bour of Boston, Called Rainsfords Island, lying between Long; Island 
•2p Province^' ^°^ ^^^ ^^''^i" ^^^^^ ^^^ar the Town of Hull ; to be Used and Improved 
Laws, X., 31, as a Hospital for the Province And that the said Selectmen take Care 
c ap.65. ^Q \\is.\e a Good and lawfuU Deed of Sale of the said Island, Made to 

William Foye Esq'' Treasurer and Receiver General of this province, 
and his Successor &, Successors in the said Office, from the Owners of 
the said Island, to and for the only proper use benefit and behoofe of 
the s'* Province, to be Improved for a Hospital as aforesaid ; And the 
said M"" Treasurer Foye is hereby fully Authorized and Impowred, in 
the name and behalf of this province, to pass and Execute in due form 
of Law a Deed of Sale to Richard Bill of Boston Esq' of all the Right, 
Title, and Estate of the Prov ince to that part of Spectacle Island, with 
the Buildings and Appurces, where the hospital is at present, on the 
Receipt of the sum of One hundred and Thirty pounds which the said 
Richard Bill is willing to pay for the same & that INP Treasurer be 
further directed to reimburse the Treasury the said sum of One hun- 
dred and thirty Pounds ^ pail of the Sum of Five hundred and Sev- 
enty pounds, the Consideration purchase of Raiusford Island aforesaid. 
\_Passed December 3. 



CHAPTER 80. 



Legislative 
Records of the 
Council, xvi., 

378. Mass. 
Archives, 
cxiv., 158. 

House Jour- 
nal, pp. 18, 19, 
23. Ante, 
p. 29, chap. 56; 
p. 102, chap. 
221; p. 184, 
chap. 137; 
p. 294, chap. 75. 



ORDER FOR SURVEYING THE TOWNS OF SHEFFIELD AND SUFFIELD 

EQUIVALENT. 

In the House of Representatives 

Whereas the Information has been Given y' the Plats of the Town 
of Sheffield commonly called lower Housatannuck & the Township 
lately Granted to the Proprietors of Suffield lying on Housatannuck 
Rhode beyond Westfield each of them contain a Considerable Quanty 
of Land over and above their respective Grants in Order therefore 
that Justice may be done by a Proper Inquiry therein 

Voted that John Chandler of Worcester Esq"" be and hereby is fully 
Authorized and impowered with two Chain Men on Oath with other 
Necessary Assistance to repair to the two Townships aforementioned 
taken ^ w'*" him Copys of the Grants together with the Plats w*"'' have 
been returned to this Court the former of w'^'* not being as yet Accepted 
that Seasonable Notice be given to the Grantees or Proprietors of the 
said Townships by the said John Chandler Esq'' of his going & y' he 
w"^ y*" said Chaiumen take a Careful & Correct Plat & Plats of the said 
Townships So as to include the full and whole of their Respective Grants 
and y' he Mark out the overplus if any be in Either or both of the Plats 
already returned and that he also reform the Plats of the Grant lately 
made to the Heirs of Cap' Jn'' Myles deceased & Rich'' Cutt Jr Esq"" 
that so this Court may have a perfect knowledge of the Premisses for 
their further Order and Proceednre therein and that y'' Surveyor make 
Return of his doings herein to this Court as soon as may be the Charge 
to be defreyed b}' the Province. 

In Council Read & Concurred & Joseph Wilder Esq'' is joined in the 
Affair 

In the House of Representatives 

Read & Concurred. \_Passed December 3. 

> The words "which the said . . . pounds" are inserted from the State Library copy, 
Legislative Records of the Council, xvi., 378. 

* Sic; but "taking," in the State Library copy. Legislative Records of the Council, 
xvi., 378. 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 297 



CHAPTEE 81. 

ORDER IMPOWERING AV VIRGIN TO BRING FORWARD A WRIT OF 

REVIEW. 

The petition of William Virsjin, \ante, p. 270, chap. 241 legislative 

_.,.-.. . , , , ^ » 1 , 1 1 1 o 1 Records of tlie 

Read And it Appearing that the Adverse party has been duly Served Council, xvi., 

with a Copy of this petition, and no Answer given in, And the matter ^^ . 

being duly considered, mu^'vf 20"^ 

Ordered that the prayer of the petition be so far Granted, as that ^«ie, p. 270, 
the pet' be and hereby is Enabled by a Vfv'it of Review in an Original ^^^^^' '^^' 
Summons, the Service of which by Reading the Same to the Attorney 
of the said Daniel Bemis (who made out the Original Writ) fourteen 
days at least before the Sitting of the Inferiour Court at Worcester 
aforesaid in Case the said Bemis cannot be found in the said County 
before, shall be Deemed and held as good a Service as if the same 
had been made on the said Bemis the principal ; And the pef is Ac- 
cordingly Allowed and Impowred in Such Manner to bring forward 
a Trial of the Case within mentioned, at the next Inferiour Court of 
Common pleas to be holden at Worcester for the County of Worces- 
ter, And the Justices of the said Court be & hereby are directed to 
proceed to the Trial of the Case as tho no such Default as is within 
mentioned had happned and to Enter up Judgment and Award Exe- 
cution Accordingly. \_Passed December 3. 



CHAPTEE 82. 

ORDER IMPOWERING SAM^- THAXTER ESQi' & OTHERS TO SURVEY AND 
LAY OUT 800 ACRES OF LAND. 

A PETITION of Samuel Thaxter John Turner and William Dudley Legislative 
Esq" Setting forth that thro mistake Eight hundred Acres of the coSnSxvir 
twelve hundred Acres of land Granted by this Court to the pef^^ hap- 379. 
pens to be laid out so as to Interfere with some Prior Grants of the HoiiseJour- 
Court And therefore praying that they may have Liberty to lay it out ^nil,'-phi,<i, 
a new in three Equal Shares chap! 149. 

Read & 

Ordered that the prayer of the petition be Granted, and the pet" 
are hereby Allowed and Impowred to lay out the said Eight hundred 
Acres of land in full Satisfaction of the said Twelve hundred Acres 
of Lands, in three Equal parts or shares Accordingly and that the 
Sanction to any Right or title to the Eight hundred Acres before laid 
out & Confirmed the lO"" of Decem" 1735 is hereby Superceeded and 
Declared Null and Void and that they Return the jilats thereof to this 
Court, Adjoining to Some Townships or former Grant within twelve 
months for Confirmation. \_Passed December 3. 



298 Province Laws {Resolves, etc.). — 1736. [Chaps. 83, 84.] 

« 

CHAPTEK 83. 

ORDER IMPOWERING MARG^ PAYNE EXECUTRIX TO SELL REAL 
ESTATE TO PAY DEBTS. 



Legislative 
Records of the 
Council, xvi., 
3S0. 

House Jour- 
nal, p. 13. 
Province 
Laws, ii., 151, 
chap. 10. 



A PETITION of Margarett Payne Relict Widow and Execut'' of Wil- 
liam Payne late of Boston Esq'' deced Praying that she may be Im- 
]iowred to Sell a House belonging to said Estate Situate in Queen 
Street in Boston for the payment of the Deceaseds debts in the Room 
of an house near the Neck which she was Impoured to Sell for that 
purpose but no person Appears to purchase it Altho She has for many 
months Notified the Sale thereof According to Law 

Read & 

Ordered that the prayer of the petition be so far Granted as that the 
pef^ be and hereby is allowed and Empowred to make Sale of the House 
and land of the deceased Situate in Queen Street Accordingly for the 
most the same will fetch and pass and Execute in due form of Law a 
Good Deed or De[e]ds of Sale «fe Conveyance thereof and in proceed- 
ing therein to Observe the Rules & directions of the Act of the prov- 
ince of the Sixth Year of his late Majestys Reign Chap. S'' Relating 
to the Sale of Real Estates & out of the proceeds of th e Sale of the 
premisses to pay & discharge the just Debts of the deced provided She 
give Caution to the Judge of the Probate of Wills «&c for the County 
of Suffolk that at her decease her Exors or admors shall pay to the 
Children of the deced One third part of the produce of the Sale of 
the premisses which She is to hold for life as Dower & shall also at 
the time of Executing the Deed or deeds of Sale of the land j& prem- 
isses pay to the Testators Children in manner Agreeable to his Will 
what shall be left of the proceeds of the Sale after the payment of his 
just debts & the pet" thirds in Dower as aforesaid is deducted there- 
from. \_Passed December 3. 



Legislative 
Records of the 
Council, xvi., 
381. 

Legislative 
Records of the 
Council, xvi., 
383. House 
.Journal, pp.26, 
3.5. Love's 
Fast and 
Thanksgiving 
Days of New 
England, 
p. 492. 



CHAPTER 84. 



VOTE FOR A PUBLIC FAST. 



The Board taking into consideration the many and pressing Difii- 
cultys the publick Affairs of the Province now labour under, and are 
likely to increase upon us, Unless the Government be Speedily led into 
Some hapy Methods for the Speedy Remedy thereof ; 

Voted That his Excellency be desired to Appoint as soon as may be 
a day of Fasting and prayer to be Solemnized by this Court as well in 
the name and behalf of themselves as in behalf of their people, in order 
to Implore the forgivness of our Sin, and Unworthiness & the assist- 
ance and blessing of heaven Upon all the Administrations of the Gov- 
ernment ; And in particular that in this present Unhappy Juncture of 
our Affairs, God would please to give Such direction to the General 
Court that they may be the happy Instruments Under God of deliver- 
ing this people in Some Good Measure from their Great Distress & 
danger and that the Rev*^ Ministers of the Town of Boston be Desired 
to Assist in the Solemnity.^ \_Passed* December 4. 

> The Governor appointed December 10"', 1736. 



[2d Sess.] Province Laws {Hesolves, etc.). — 1736. 299 

CHAPTEK 85. 

ORDER IMPOWERING ANN MARSH ADMINISTRATRIX TO SELL LAND. 
A PETITION of Ann Marsh AVidow and Adm'' of M"" Joseph Marsh i;^^'^!,**!^^,^ 

— T . ,/-,, or-,. t M" n j> Kecords of the 

late of Brautry deced, praying leave to make Sale of One halt ot nve Council, xvi., 

hundred Acres of Wild and Unimproved Lands, lying between Lancas- '^ 

ter and Oxford, which the said Marsh held in Common with M'' Nathan ^°i^^® 24!"'"- 
Buck man the other Proprief Province 

T, A e Lfuvs, ii., 151, 

Read <k chap. 10. 

Ordered that the prayer of the petition be Granted, and the pef is 
Allowed and Impowred to make Sale of One half of Five hundred Acres 
of land Accordingly, for the Most the same will fetch, and in proceed- 
ing herein, to Observe the Rules and directions of the Act of this prov- 
ince of the Sixth Year of his late Majestys Reign Chap 3*^ Relating to 
the Sale of Real P^states, and to give and Execute in due form of Law 
a Good Deed or deeds of Sale and Conveyance thereof; provided the 
pef take Effectual Care to file a Receipt in the Judge of Probates office 
for the County of Suffolk, Under the hand of her Sou Daniel Marsh, 
for so much of his portion or part of the Deceaseds Real Estate as the 
proceeds of the Sale of the premisses may Amount to. [Passed Decem- 
ber 4. 



CHAPTER 86. 

VOTE CONFIRMING A DEED TO JOS. HEATH ESQ''. 

A PETITION of Joseph Heath Esq% Shewing that he purchased a Legislative 
Tract of Land of Christopher Jacob Laughton, for which he gave the counc'if.xvi!!^ 
pef a Deed of Sale under his hand and Seal, that the petitioner often h82. 
Urged the said Laughtou to Acknowledge the said Deed, which he House Jour- 
promised to do, but neglected it till his Return home into the Coun- ^^^>P-^'- 
try, where he soon fell into Distraction, and is like to Continue in 
that Debility of Mind ; praying that this Court would Confirm the said 
Deed Notwithstanding the said Defect. 

Read & in Answer to this petition 

Voted that the Deed within mentioned be and hereby is Declared to 
be as good and Valid in the Law to all Intents and purposes, as if the 
same had been this day Acknowledged by the Grantor the said Christ" 
Jacob Lawton before any of his Majestys Justices of the peace to be 
his Act and Deed. [^Passed December 6. 



CHAPTER 87. 

ORDER ADMITTING SUNDRY PERSONS AS GRANTEES OF THE TOWN- 
SHIP GRANTED CAP'^ EPHRAIM HUNTS COMPANY. 

A Memorial of the Com""" for laying out the Township Granted to Legislative 
the officers and Soldiers in the Expedition Against Canada in the Year councff, xvi.^^ 
1690 Under the Command of Cap' P^phraim Hunt Setting forth that 384. 
they cannot make up the Number of Sixty of the said officers & Sol- House .Jour- 
diers & their Represent* that divers of the Voluntiers & Impress'd men ^nie^p'.fn^' 
who SeiTcd as Mariners have made their Claim but the Com""^ not hav- chap! 200. 



300 



Province Laws (Hesolves^etc). — 1736. [Chaps. 88, 89.] 



ing power to Allow them Eejected their Claim tho they were Sensible 
that their Merit was as great as the Soldiers And therefore proposing 
that the Difieiency of the Soldiers may be made out of the mariners 
and that the Number of five Years may be allowed to these Grantees 
for fulfilling the Conditions of their Grant as has been to others 

Read & in Answer thereto 

Ordered that the proposal herein be Allowed and Granted And the 
Com''^^ are Accordingly Impowred to fill up the Number of Grantees 
by the said Seamen or mariners their heirs Legal Represent & descend- 
ants Respectivly And the Term for Settlement is accordingly Enlarged 
to be Accounted from the Confirmation of the Grant. [Passed Decern' 
her 8. 



CHAPTEE 88 



Legislative 
Eecords of tlie 
Council, xvi., 
384. 

House Jour- 
nal, pp. 19,27. 
Province 
Laws, xi., 690, 
chap. 97. 



ORDER IMPOWERING JOHN ALLEN ESQ" TO BRING FORWARD A WRIT 
OF REVIEW, WITH NOTICE. 

A PETITION of John Allen of Chilmark Esq'' Shewing that he Obtained 
An Order of this Court for a New Trial of an Action of the Case pros- 
ecuted Against him by One Philip Jones in the Year 1732 but thro Some 
Circumstantial Defect in the Writ it was abated at the last Superiour 
Court for the County of Suffolk praying for the favour of a New Trial 

Read & in Answer to this petition 

Ordered that the pet' be and hereby is Allowed and Impowred by a 
writ of Review to have an other Trial of the Action within mentioned 
at the next Inferiour Court of Common pleas to be holden at Boston in 
and for the County of Suffolk on the first Tuesday of January next or 
at the next Term of the Said Court to be held at Boston for the County 
aforesaid on the first Tuesday of april next The pet" to Serve the Ad- 
verse party the Said Philip Jones with a Copy of this petition & order 
fourteen days at the least before the time of the Courts Sitting where 
the writ of Review of the Action within mentioned is to be heard and 
the Justices of the said Court are hereby Impowred & directed to hear 
& try the Case enter u]) the Judgment and Award Execution thereupon 
Accordingly Any Clerical Error in the former process or Defect in the 
former Order of this Court or any proceeding in the said Cause or the 
time limited for Review Notwithstanding the Costs Already Sustained 
to Remain as they were. \_Passed December 8. 



CHAPTER 89. 



Legislative 
Records of the 
Council, xvi., 
384. 

TToiipe Jour- 
nal, pp. 34, 35. 
Ante, p. 244, 
chap. 268. 



ORDER CONFIRMING A PLAT OF 160 ACRES OF LAND TO JOSHUA SWAN. 

A PLAT of One hundred & Sixty Acres of Land lying within the Town 
of Methuen laid out by James Stephens Surve3'or & Chain men On Oath 
to fulfill a Grant Made by this Court to Joshua Swan begining at a Stake 
and Stones in Haverhill line making the Southerly Corner thence Run- 
ing North on the said line One hundred & Eighty Six perch to another 
Stake & Stones thence South 79 deg West ninety Seven perch to a Small 
white Oak marked thence South 5 Deg West to M"" Christopher Sergeant 
thence South 43 deg West Sixty Six perch to a white Oak marked another 
bounds of said Sergents Farm thence North 15 Deg. West Seventy Six 
perch to a white Oak marked being a Corner of Greens Farm thence 
South One hundred & Sixty four Rods to a Stake & Stones near Said 



[2d Sess.] Province Laws {Resolves^ etc.). — 1736. 301 

Greens Farm thence East One hundred «fe Sixty Rods by Woodings Farm 
to the bounds first mentioned 

Read & 

Ordered that tlie plat be Accepted and the Lands therein Delineated 
& described be & hereby are Confirmed to the said Joshua Swan his 
heirs and Assignes forever he or they Complying with or performing 
the Conditions of the Grant provided the plat P^xceeds not the quantity 
of One hundred and Sixty Acres of Land and does not Interfere with 
any former Grant. \_Passed December 8. 



CHAPTER 90. 

ORDER OF NOTICE ON THE PETITION OF JAMES CUTLER & OTHERS OF 
THE N" W PART OF CAMBRIDGE PRAYING THAT DIVERS PARTIES 
MAY BE SEPARATED FROM CHARLESTOWN AND ANNEXED TO CAM- 
BRIDGE. 

A PETITION of James Cutler and Others a Committee for the North ^|f^^.'^8"jj^the 
West precinct in Cambridge Praying that William Dickinson Joseph council, xvi., 

Russell and Sundry others of the Westerly part of Charlestown with ^ . 

the Lands therein Described be Seperated from Charlestown and An- ^\°"p*; ff '^^' 
uexed to the said precinct as to the Ministry 

Read & 

Ordered that the pet" Serve the Town of Charlestown with a Copy 
of the petition, that they Shew Cause, if any they have, on tuesday 
the twenty first Instant, why the prayer thereof should not be Granted. 
\_Passed December 8. 

CHAPTER 91. 

ORDER IMPOWERING THE HEIRS OF CAP^ JOHN WAINWRIGHT TO SUR- 
VEY AND LAY OUT 500 ACRES OF LAND. 

Ordered That five hundred Acres of the Unappropriated Lands of ^|f^^jj^f*^jf ^.j^g 
the province be and hereby are Given and Grant ed to the Children council, xvi., . 

and Legal Represent^ of Cap' John Wainwright deced in considera- ^ , 

tion of the Services and Sufferings of his own as w ell a s by the Death ^®|^^'^g'^f'f,^g 
& Losses of his Father Cap' John Wain wright deced by the Indian council, xvi., 
Enemy ; The Grant to be Distributed According to the Act for the jo^'irnat^pfeoi 
Settlement & distribution of the Estates of Intestates, and that the (January, ^_ 
pef have leave by a Survey'" and Chain men on Oath, to lay out and 39. province 
Servey the Same next Adjoyning to Some Township and Accordingly ^jfaT'w.' *^' 
Return a plat thereof to this Court within twelve Months for Confir- 
mation to them their heirs and Assignes Respectivly in manner afore- 
said. [Passed December 9. 



CHAPTER 92. 

ORDER OF NOTICE ON GEO. HUDDLESTONS PETITION FOR RETRIAL OF 

AN ACTION. 

A PETITION of George Huddlestone of Dartmouth in the County of ^f^^'^^^^^f ^^^ 
Bristol praying to be AUow"^ A new Trial of An Action of Ejectment council, xvi., 
brought by Writ of Review, to the Sup' Court of Judicature for the '"^^ 



302 



Province Laws {Resolves, etc.). — 1736. [Chaps. 93, 04.] 



House Jour- 
nal, p. 39. 



said County, Against the pef by Elizabeth Huddleston of Dartmouth 
aforesaid Widow ; which failed for want of Evidence which the pet' is 
now furnished with. 

Read «fe 

Ordered that the pef Serve the Adverse party the s"^ Elizabeth Hud- 
dleston with a Copy of the petition that she Shew Cause, if any She have, 
on Wednesday the twenty Second Currant, why the prayer thereof Should 
not be Granted. \_Passed December 9. 



CHAPTER 93. 



Legislative 
Records of the 
Council, xvi., 
372, 387. 

Legislative 
Eecords of the 
Council, xvi., 
357,385. House 
Journal, pp.46, 
46. Aiite, 
p. -280, chap. 45. 



ORD" ON ELIZ'^ SLAUGHTERS PETITION IN REGARD TO A DEED. 

A PETITION of Elizabeth Slaughter Widow & Samuel & Mary Butler, 
praying for an Order of this Court for Giving a Sanction to a Deed (once 
duly Executed and Ackn owled ged by the Admors of Edward Taylor 
deced) to John Slaughter deced for Certain Houses and Lands in Bos- 
ton the Seals of said Deed being by Accident Unknown to the pet" 
torn off 

Read together with the Answer of Elijah Vinal And the Same being 
fully considered 

Ordered that the Register of Deeds & Conveyances of Lands within 
and for the County of Suffolk be & hereby is Impowred & dii-ected to 
Receive the said Deed within Mentioned from Gyles Goddard & Wil- 
liam Park man Ad minors on the Estate of Edward Taylor late of Bos- 
ton deced to John Slaughter within named and that he Record the 
same at length in the Registry of tlie.Said Office which Deed shall be 
Deemed as good & Valid in the Law to the said John Slaughter his 
heirs and Assignes as tho the Seals had not been torn provided the 
said Elizabeth Slaughter and Samuel Butler and Mary his wife make 
& Execute Acknowledge and Cause to be Recorded in the Registry 
aforesaid (which Said Register is hereby Impowred & directed to Re- 
ceive & Record accordingly) A Good Deed & Conveyance of so much 
of the premisses as is Contained in a deed from the said Goddard to 
Elijah Vinal bearing date the 26 day of December 1722 viz' Fronting 
Northerly on Essex Street so Called there measuring Fifty Nine feet 
more or less P^asterly on Elder Rainsfords lane there Measuring fifty 
four feet & an half Southerly Upon the Lands of the said Slaughter 
Sixty two feet more or less Westerly Upon the heirs of James Wort 
fifty Nine feet. [Passed December 11. 



CHAPTER 94:. 



Legislative 
Records of the 
Council, xvi., 

388. 

House Jour- 
nal, p. 28. 



ORDER GRANTING TO COL" JOS. VARNUM 40 ACRES OF LAND. 

A PETITION of Cop Joseph Varnum, praying for the Grant of a peice 
of province Laud near the Town of Dracutt, Containing forty Acres, (in 
Consideration of the pet" Services & Sufferings in the Wars Against 
the Indians) as the said Lands are Surveyed by James Ingolls, & a plat 
thereof Exhibited herewith, viz' lying about three quarters of a Mile 
Northerly from Merrimack River, Adjoining to the East line of Dracutt 
and the said Varnums land, two hundred & two perch the West Side 
being One hundred & twenty Nine perch Adjoining to m' Dennisous 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. ' 303 

Farm the South Easterly Side being One hundred and twelve perch 
adjoining to M'' Higginsons Farm 

Read & 

Ordered that the peice of Land within Mentioned be & hereby is 
granted to the said Joseph Varuum Esq"^ his heirs & assignes forever ; 
provided it Exceeds not the quantity of forty Acres and does not In- 
terfere with any former Grant & is Agreeable to the plat within men- 
tioned. \^Passed December 13. 



CHAPTER 95. 

ORDER CONFIRMING A PLAT OF 100 ACRES GRANTED TO THO" CHAND- 
LER. 

A PLAT of One hundred Acres of Laud, lying in Methuen, Granted by Legislative 
this Court to Thomas Chandler, laid out by James Stevens Survey' and councif xvP'^ 
Chain men on Oath begining on the Southerly Corner on Cap' Swans 388. Maps and 
land at a Stake & Stones ; thence Ruhing North Sixty four perch to x.fg!^' '^"' 
Another Stake & Stones by M'' Higginsons Farm thence West one hun- Mans and 
dred «&; twenty four perch Joining on M"^ Higginsons Farm to a heap of Plans, Mis., 
Stones in the bounds of said Higginsons Farm ; thence South 58 Deg : House Jour- 
West fifty two poles, to a Red Oak Marked by a Pond Called SouUi flif\^lif- 
pond ; tiience Easterly & Southerly by said Pond twenty One poles to chap! 274. 
a Red Oak tree marked, which is a bound of M'^ Sergeants Farm, thence 
South 62 Deg. East One hundred & forty two perch by said Sergents 
Land to a Stake & Stones, being an other bound thereof thence North 
5 Deg. East forty perch to a White Oak marked, another of Cap' Swans 
bounds ; thence North Eighty One Deg. East Eighty Seven perch by 
said Swans Land to the bounds first mentioned 

Read and 

Ordered That the plat be Accepted and the Lands therein delineated 
and described be & hereby are Confirmed to the said Thomas Chandler 
his Heirs & Assigns for Ever he or they performing the Conditions of 
the Grant provided it exceeds not the quantity of One hundred Acres 
of Land and does not interfere with any former Grant. \_Passed 
December 13. 



CHAPTEE 96. 

ORDER CONFIRMING A PLAT OF 100 ACRES OF LAND GRANTED TO COL" 

JOSIAH WILLARD. 

A PLAT of One hundred Acres of Land Granted by this Court to Col° Legislative 
Josiah Willard lying East of Arlington on both Sides of Roaring Brook councif, xvi., 
So Called, laid out by Benjamin Prescott Esq'^ Survey'' and Chain men pia^s^ ^'is """^ 
Upon Oath, begining at a Stake and Stones for the Northerly Corner, x., ir*! 
thence Runing South 45 Deg. East One hundred & thirty two poles. Maps and 
to a Hemlock tree Marked ; thence South 45 Deg West One hundred x^'"ff6?s.''''' 
& twenty poles, to a Hemlock tree; thence North 45 Deg. West One House Jour- 
hundi'ed & thirty two Rods to a black birch ; thence North 45 Deg. ^nte,'vhio. 
East One hundred and twenty poles to the bounds first mentioned *^^^i'- -^^• 

Read and 

Ordered That the plat be Accepted and the Lands therein delineated 
and described be &, herebv are confirmed to the said Col" Josiah Willard 



30i 



Province Laws (Iiesolves,etc.). — 1736. [Chaps. 97-99.] 



his heirs & assigns for Ever he or they performing the Conditions of the 
Grant provided the plat exceeds not the Contents of One hundred Acres, 
and does not interfere with any former Grant. [^Passed December 13. 



CHAPTER 97. 



ORDER ALLOWING THE ESSEX C" TREAS^s ACCO^. 



Legislative 
Records of tlie 
Council, xvi., 
389. 

House Jour- 
nal, p. 42. 



An Accompt presented b}' John Appleton Esq"" Treasurer of the 
County of Essex for the Year 1735; Having [been] laid before the 
Court of General Sessions of the peace for said County & by them 
Allowed 

Read & 

Ordered that this Accompt be Allowed. \_Passed December 14. 



CHAPTEE 98. 



ORDER ALLOWING THE HAMPSHIRE COUNTY TREAS«s ACCO^. 



Legislative 
Records of the 
Council, xvi., 
390. 

House Jour- 
nal, p. 42. 



An Accompt presented by William Pynchon Esq'' Treasurer of the 
County of Hampshire for the Year 1735, Having been laid before the 
Court of General Sessions of the peace for said County & by them 
Allowed 

Read & 

Ordered that this Accompt be allowed. [^Passed December 14. 



CHAPTER 99. 



ORDER ALLOAVING £34. 10. 6 TO JN^ ROBINS. 



Legislative 
Records of the 
Council, xvi., 
390. 

House Jour- 
nal, pp. 46, 47. 
Province 
Laws, xi., 773, 
chap. 161. 



A PETITION of John Robins of Attleborough in the County of Bristol, 
Shewing that by the Advice of this Court, he prosecuted John Capron, 
Israel Whipple, William Whipple, and others for Assaulting & Seizing 
him in the Execution of his office as Constable of the said Town, and 
obtained Judgment Against them; of Which £34. 10. 6 Remains Un- 
paid ; And for as much as the said Capron is Since dead, & the said 
Whipples are Removed out of the province, with their Estates, There- 
fore praying that he may be Allowed out of the publick Treasury the 
Sum above mentioned 

Read & 

Ordered that the prayer of the petition be Granted, and that the Sum 
of Thirty four pounds ten shillings & Six pence be and hereby is Granted 
& allowed to be paid out of the publick Treasury to the pef Accordingly. 
[^Passed December 14, 



[2d Sess.] Province Laws (Besolves, etc.). — 1736. 305 



CHAPTER 100. 

ORDER IMPOWERING JOSHUA BIGGALOW AND ALLEN FLAGG TO AP- 
PEAL FROM A JUDGMENT. 

A PETITION of Joshua Biggalow & Allen Flagg, praying that they Legislative 
may be Allowed to prosecute An appeal, they Claimed from a Sen- councn^, xvi*^^ 
tence of the Court of General Sessions of the peace, held at Cam- 382,391.' 
bridge for the County of middlesex in May last (on an Information House Jour- 
presented by James Knap) to the next Court of Assize the said "'^^' '^^ ^^' 
Appeal failing thro the Neglect of their Attorney to file Reasons of 
Appeal 

Read, together with the Answer of James Knap and John Overing 
Esq' and the Same being fully considered 

Ordered That the prayer of the petition be so far Granted, as that 
the pet' be Allowed and Impoui'ed to Appeal from the Judgment within 
mentioned, to the Superiour Court of Judicature, Court of Assize and 
General Goal Delivery, to be held at Charlestown for the County of 
Middlesex on the last Tuesday of January next, and that they file their 
Reasons of Appeal in the Clerks office fourteen days ^ at least before the 
Sitting of the same. And the Justices of the said Court are Impoured 
and directed to hear and determine the same, and to Enter up Judg- 
ment Accordingly, The Costs Already Sustained to Remain as they are. 
[^Passed December 16. 



CHAPTER 101. 

ORDER FOR A MEET« OF GRANTEES OF TOWNSHIP GRANTED TO SAM^- 
KING AND OTHERS. 

Ordered that Daniel Epes Esq"" be & hereby is Authorized & Ira- Legislative 
powred to assemble & Convene as soon as may be in Some Conven- coun^'u x*i^^ 
lent place in the Town of Salem the proprietors or Grantees of the 39i. 
Township^ granted by this Court in June 1735, in Answer to the peti- House Jour- 
tion of Samuel King & others, who were in the Canada Expedition ^ntF'vhw 
Anno 1690, to Chuse A Moderator & proprietors Clerk, & to pass chap'. 37. 
such Votes & Orders &c as may be Agreeable to the bringing for- 
ward the Settlement of the Township, According to the Conditions 
of the Grant, as well as the Interest of the propriety ; and to Agree 
upon a method how to Call future proi)rietors Meetings, as well as 
to Admit the Grantees to a Draught of their Home lots. [Passed 
December 17. 



CHAPTER 102. 

ORDER OF NOTICE ON ROGER DEERING ESQJ's PETITION FOR AN ORDER 
IN REGARD TO EVIDENCE. 

A PETITION of Roger Deering of Scarboro in the County of York Legislative 
Esq' Shewing That he brought his Action of Ejectment Against One councn", xv?,® 

James Libby for possession of One hundred Acres of Land, of Right ^h 

belonging to the pet', that the Cause went Against the pet', Upon the House Jour- 

° '^ ^ ° 1 ' 1 nal, pp. 48, 49. 

' The Secretary's copy reads, " day ; " but the State Library copy, Legislative Records of 
the Council, xvi., 391, reads, " days." 

" This to^vnship became Lyndebor6, New Hampshire. 



306 



Province Laws (Iiesolves,etc.). — 1736. [Chaps. 103, 104.] 



Appeal at the Sap"" Court, by Reason that a Written Testimony of 
Samuel Hill deced was thrown out of the Case, because it was taken 
out of Court, and before One Justice of the peace only, Therefore 
praying for An Order of this Court for Allowing the said Evidence 
notwithstanding the Said Defect 

Read & 

Ordered that the pef^ Serve the Adverse party the said James Libby 
with a Copy of the petition, that he Shew Cause if any he have, on 
"Wednesday the fifth day of January next, if the Court be then Sitting, 
if not on the first Wednesday of the next Sitting of the Court, wh}' the 
prayer of the petition should not be Granted And the petition is Re- 
ferr'd in the Meantime for further consideration Accordingly. [^Passed 
December 1 7. 



Legislative 
Records of the 
Council, xvi., 
392. Mass. 
Archives, 
xlvi., 71. 

Maps and 
Plans, Mis., 
X., 26. House 
Journal, p. .51. 
Ante, p. 136, 
chap. 25. 



CHAPTER 103. 

ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO EDM" FREE- 
MAN ESQ^ 

A PLAT of three hundred Acres of Land Granted to Edmond Free- 
man Esq' laid out by John Silby ^ Survey"^ & Chainmen on Oath, border- 
ing on the Town of Sutton ; bounded as follows, viz' West 6 Deg South 
two hundred and Eighty Eight Rods on Sutton ; thence South 4 deg. 
East Eighty Eight Rods on New Sherburu ; thence South 26 deg. East 
Ninety One Rods, thence East 6 Deg. North two hundred Sixty three 
Rods on Brewers Farm, thence North 6 deg. West One hundred Sev- 
enty five Rods to the bounds first mentioned 

Read & 

Ordered that this plat be accepted, & the Lands therein delineated 
& described be & hereby are confirmed to Edmund Freeman Esq"^ his 
Heirs & Assigns, he or they performing the Conditions of the Grant ; 
provided the plat exceeds not the Quantity of three hundred Acres of 
Land, & does not interfere with any former Grant. \_Passed Decem- 
ber 17, 



CHAPTER 104. 



Legislative 
Records of the 
Council, xvi., 
393. 

Maps and 
Plans, lii., 2. 
Index to Town 
Names, p. 46. 
House .lour- 
nal, pp. 29,48. 
Ante, p. 292, 
chap. 70. 
Infra, chap. 
105. 



VOTE FOR PROPRIETRS MEETING IN SEVERAL NEW TOWNSHIPS. 

Voted that M"' Samuel Chamberlain of Westford be & hereby is fully 
Authorized and Impowered to Assemble «& Convene the Grantees or 
proprietors of the Township Number One ; Nathanael Harris Esq'^ in 
like manner to Assemble the Grantees or Proprietors of the Township 
Number two ; John Flynt of Concord Esq"" in like manner to Assemble 
the Grantees or proprietors of the Township Number three ; Thomas 
Welles of Deerfield Esq'' in the like manner to Assemble the Grantees 
or Proprietors of the Township Number four ; on the East Side, & next 
Adjoining to Connecticutt River ; ^ And that Thomas Stevens of Ames- 
burj'^ in like Manner to Assemble the Grantees or Proprietors of the 
Township Number one ; JNP John Hutchins of Bradford in like manner 
to Assemble the Grantees or proprietors of the Township Number two ; 
John Jones, of Hopkinton Esq'^ in like manner to assemble the Gran- 
tees or proprietors of the Township Number five ; and John Whitman 
of Stow in like manner to Assemble & Convene the Grantees or proprie- 
tors of the Township Number Six ; lying in the line of Towns between 

> The surveyor's certificate reads, "John Sibly." — Maps and Plans, Mis., x., 26. 
2 No. 1. Chesterfield. 2. Westmoreland. 3. Walpole. 4. Charlestown. AUin New 
Hampshire. 



[2d Sess.] Province Laws (Resolves^ etc.). — 1736. 307 

the Rivers of Conuecticutt & Merrimack ; ^ All the said Grantees or pro- 
prietors aforemeutioued of tlie Towns aforesaid to Assemble in such 
places as they shall be Respectivly Notified and Warned to assemble 
& Convene at, b}' the persons Respectivly thereto Impoured, as aff)re- 
said ; The proprietors of each Township so Assembled to Cliuse a Mod- 
erator & Clerk &. Com"''^ to Alot & Divide their Lands, & to dispose of 
the Same, and to pass Such Votes & Orders as by them may be thought 
Conducive for the Speedy Fulfillment of their Grants And also to Agree 
Upon Methods for Calling Meetings for the future, provided none of 
their Votes concerning the Dividing or disposing of their Lands that 
shall be pas'd while they are Under the direction of the Com'™ of this 
Court shall be of force before they are Allowed of by said Committee. 
\_Passed December 1 7. 



CHAPTER 105. 

VOTE FOR GRANTEES MEETING OF TOWNS N^ 1 & 2 ON CON^ RIVER. 

Voted That M"" Joseph Tisdale of Taunton be & hereby is Impowred Legislative 
to Assemble the Grantees of the Township Number One' on the West councn^, xvi!!^ 

side of Counecticutt River, Adjoining to the Equivalent Lands, so Called, ^^ 

giving timely Notice to the Grantees Admitted into the Township by the House Jour. 
Com"''" of this Coui't, and to Meet in Taunton, Where they live in Order stpm/chapf 
to Chuse a Moderator & proprietors Clerk & Com"''' to A lot & divide ^*^*- 
their Lauds, & to dispose of the same, and to pass Such Votes & Orders 
as by them may be thought conducive for the Speedy fulfillment of the 
Conditions of their Grant ; and also to Agree Upon Methods for Call- 
ing of Meetings for the future ; provided None of their Votes concern- 
ing the dividing or disposing of their Land, that shall be passed While 
they are under the Care and direction of the Com'^'' of this Court, shall 
be of force before they are Allowed of by the said Com"'' And further, 

Voted that M"" Palmer Golding of Worcester be & hereby is Impowred 
to Assemble the Grantees of the Township Number two on the West 
Side of Counecticutt River, Adjoining to Number One Giving timely 
Notice to the Grantees Appointed by the Com'^'' of this Court to Meet 
& Assemble at Some Suitable place for the ends and purposes above 
mentioned ; their Votes for Alotting Dividing & disposing of their 
Lands to be Allowed of in the way & manner abovesaid. \_Passed 
December 1 7. 



CHAPTER 106. 

VOTE FOR ADJOURNING ESSEX COUNTY COURTS. 

Whereas the Court of General Sessions of the peace, & Inferiour Legislative 
Court of Common pleas for the County of Essex are appointed by Law Records of the 
to be held and kept at Salem in and for Said County on the last Tues- 396. ' ' '' 
day of December Currant, and many of the Justices of the said Court House Jour- 
and others concerned are also Members of the General Court now Sit- province 
ting, and may Continue Sitting till that time Laws, i., 369, 

Voted that the Justices of the said Courts be and hereby are directed °^^p-^- 
to Adjourn the Same till the first Tuesday of February next then to 
be held & kept at Salem in and for the County aforesaid. [^Passed 
December 20. 

' The towns between the Merrimack and Connecticut Rivers above referred to are all 
in New Hampshire : No. 1. Warner, 2. Bradford, 5. Hopkinton, 6. Henniker. 
^ This township became Westminster, Vermont. 



308 



Province Laws {^Resolves, etc.). — 1736. [Chaps. 107-109.] 



CHAPTEK 107. 



Legislative 
Records of tlie 
Council, xvi., 
397. 

House Jour- 
nal, p. 47. 
Province 
Laws, xi.; 2S9, 
chap. 177. 
Ante, p. ]71, 
chap. 105. 



VOTE FOR MAKING £20,000 IN BILLS OF CRED^. 

Fo^ecZ ^ that the Com"''^ of this Court for Signing the publick Bills 
of Credit be & hereby are Impoured & directed to Imprint & Sign 
as soon as may be Twenty thousand pounds in Bills of Credit on this 
province viz' Ten thousand pounds, part thereof from the plate of the 
highest denomination, Five Thousand pounds, part thereof, from the 
plate of the Middle Denomination, and the Remaining Five Thousand 
pounds from the plate of the lowest Denomination ; and to Deliver the 
same to the Treasurer of this province, to be Exchanged for torn & 
defaced Bills, to be burnt & Consumed to ashes by a Com'*"" to be Ap- 
pointed by this Court ; The Com"^'^ to take the Treasurers Receipt for 
the New Bills & to be paid for their Service as the Com""" for Signing 
Bills have been heretofore paid. [^Passed December 21. 



CHAPTER 108. 

VOTE IMPOWERING JOHN LARRABEE TO CHARGE 15/ PER WEEK PER 
MAN FOR VICTUALLING THE GARRISON AT CASTLE WILLIAM. 



Legislative 
Records of the 
Council, xvi., 
397. 

House Jour- 
nal, pp. 6, 61. 



A PETITION of John Larrabee Victualler of the Garrison at his Maj- 
estys Castle William, Setting forth the great Rise of the price of pro- 
visions, and praying that he may be Allowed Fifteen shillings ^ Week 
^ Man for Subsisting the said Garrison 

Read & 

Voted that the pet' Lieu' John Larrabee be & hereby is Allowed & 
Impowred to Charge in his next Accompt of Victualling the said Gar- 
rison, for the last Six months, & also for One Year next after. Fifteen 
shillings ^ week for each officer & Soldier born on the Roll of the said 
Castle, and that the Same be and hereby is Granted to be allowed and 
paid out of the publick Treasury Accordingly. \_Fassed December 21. 



CHAPTER 109. 

ORDER IMPOWERING SARAH HEWEN AS ADMINISTRATRIX TO SELL 

REAL ESTATE. 



Legislative 
Records of the 
Council, xvi., 
397. 

House Jour- 
nal, pp.43, 57. 
Province 
Laws, ii., 151, 
chap. 10. 



A PETITION of Sarah Heweu A dm^ o f the Estate of her late Husband, 
Benjamin Hewen of Stoughton deced, Shewing that She had obtained 
a License from the Justices of the Superiour Court to Sell a part of the 
Real Estate of the said Deceased for the payment of his Debts, but the 
Circumstances are Such that no person will buy a part ; And therefore 
praying that she may have liberty from this Court to Sell the whole 

Read & 

Voted that the prayer of the petition be so far Granted, as that the 
pet' be & hereby is allowed & Impoured to make Sale of the whole 
of the Real Estate of her late husband, Benjamin Hewen of Stough- 
ton diced Intestate for the most the same will fetch, «& in proceeding 
therein to Observe the Rules & directions of the Act of this province 



» " Ordered," in the House Journal. 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 309 

of the Sixth Year of the Reign of his late Majesty King George Chap 
S'' Relating to the Sale of Real Estates, and to pass & Execute in due 
form of Law a Good Deed or deeds of Sale & Conveyance thereof, in 
her said Capacity, to the person or persons who shall purchase the Same 
And Cap' George Talbot of Stoughton is hereby desired and Impowred 
to be Aiding and Assisting to the pet'' in the Sale of the premisses, and 
See that Justice is done to the Interested and also that out of the pro- 
ceeds thereof the deceds just debts are paid and discharged, provided 
the pet" gives Sufficient Caution to the Judge of Probate of Wills &c 
for the County of Suffolk that the third part of the proceeds of the Sale, 
which she is to hol d for life in Dower, shall at her decease be paid by 
h er E xecutors or admors to the heirs and Lawfull Represent* of the said 
deced, & shall also give further & Sufficient Caution to the said Judge 
to pay and deliver to the heirs & legal Represent'' of the said Deceased, 
or the Guardian or Guardians of such of them as are in their Minority, 
to and for the use as the Same shall be Respectivly due to them, the 
full & whole of what shall Remain of the proceeds of the Sale of the 
premisses, so soon as the Debts are paid & discharged & the pet" thirds 
are deducted therefrom & Secured as aforesaid. \_Passed December 21. 



CHAPTER 110. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF CONSTANT 
SOUTHWORTH AND OTHERS OF BRIDGWATER TO BE ERECTED INTO 
A TOWNSHIP. 

A PETITION of Constant Southworth & others Inhabitants of Bridg- Legislative 
water, praying that they & their Familys with a Tract of Land belong- ^oy^^jJlf ^vi^^ 
ing to the said Town, & a part of the Town of Stoughton, as particularly 4oi. Mass. 
described, may be Erected into a Township «cu^|^2u'. 

In the House of Representatives Read and ^^[^ 

Ordered that John Alden And Richard Cutt Esq""^ with Such as the Archives, 
honourable board shall joine be a Committee to repair to the Lands House Jour- 
petitioned for to be Erected into a township, (at the charge of the nai,pp.5i,52. 
petitioners) first giving seasonable Notice to the towns of Bridg- 
water & stoughton and all parties herein concerned of the time of 
their going ; that they carefully View the situation and circumstances 
of the petitioners and the Lands within Mentioned, hear all parties 
herein concerned in their pleas & Allegations for & against the prayer 
of the petition, & fully consider the Same, and that they report their 
doings herein with their Opinion of what may be proper for the Court 
to do in Answer to the petition as soon as may be 

In Council, Read & Concur'd & Thomas Berry Esq'' is joined in the 
Affair. [^Passed December 21.^ 



CHAPTER 111. 

ORDER IMPOWERING THEO: CUSHING EXECUTOR TO SELL REAL 

ESTATE. 

A PETITION of Theophilus Cushing of Scituate, Shewing that he & Legislative 
Joshua Stoddard- Executors of Hezekiah Stoddard- Upon their Ap- councif.xvi.,^ 
plication to the Judges of the Sup"' Court were Impoured to Sell the ■^'^'' ^^^- 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is December 24. 

^ The House Journal, p. 42, reads, " Stodder." 



310 



Province Laws (i?eso/z?es, etc.). — 1736. [Chaps. 112, 113.] 



House Jour- 
nal, pp. 42, 64. 



Deceaseds Real Estate but the said Joshua Stoddard Refuses to Join 
with the pet" in Executing A Deed or Deeds thereof praying that he 
may be Impoured to make Sale there of by himself 

Read And it Appearing that the within named Joshua Stodder had 
been duly Served with a Copy of tlie petition and not making Answer 
thereto, 

Ordered that the prayer of the petition be Granted and that the said 
Theophilus Gushing be & hereby is Impowred to make Sale of the said 
Deceaseds P^state and to make & P^xecute a good Deed & Sutticient Deed 
or deeds of Conveyance of the same, which shall be held as good & Valid 
in the Law as if the said Stodder had Joined therein ; & the produce 
thereof to be Applied According to the direction of the Superiour Court 
within Referr'd to. \_Passed December 22, 



CHAPTER 112. 



Legislative 
Records of the 
Council, xvi., 
400. 

Maps and 
Plans, Mis., 
XXXV., 20. 
House Jour- 
nal, pp. 68, 69. 
Province 
Laws, iv.,863, 
note; ix., 566, 
chap. 122. 
Ante, p. 181, 
chap. 132. 
Post, p. 332, 
chap. 160. 



ORDER OF NOTICE ON THE PETITION OF THE COM™^ FOR HUNTS 
TOWN IN REGARD TO THE BOUNDARIES THEREOF. 

A PETITION of Edmund Quincey Esq"" & others a Com'^" for laying 
out a Township, Granted to the Canada Soldiers Under the Command 
of Cap' Ephraim Hunt deced, Shewing that they have laid out said 
Township on the West side of Deerfield ; Since which the proprietors 
of Deerfield have set out their Westerly bounds, including an Addi- 
tional Grant made to them about twenty Years Since, by which One 
third part of the best of the Land is taken off from this New Town- 
ship, (the plat of which has been confirmed by this Court) And there- 
fore praying that the proprietors of Deerfield may be directed to Return 
a plat of their Township or of the said Additional Grant or at least of 
the Westerly bounds thereof to this Court, that so Justice may be done 
to all partys or that the pef** may be otherwise Relieved. 

Read & 

Ordered that the Memorialists forthwith Serve the Town of Deerfield 
with a Copy of the Memorial, that the}'^ be and hereby are directed to lay 
before the Court a Correct plat of their Additional Grant, therein Mark- 
ing out the true Westerly bounds of said Township, that so this Court 
may further consider this Memorial for their future Orders. [Passed 
December 24. 



CHAPTER 113 



Legislative 
Records of the 
Council, xvi., 
400. 

House Jour- 
nal, p. 70. 
Ante, p. 285, 
chap. 56. 



VOTE ON THO« PLAISTEADS PETITION RELATIVE TO THE REPAYMENT 
OF A LOAN OF £800. 

A PETITION of Thomas Plaisted, praying that he may Receive the 
Loan Voted to him in January last for encouraging him in the Manu- 
facture of Potash at the Sterling Value thereof, as it now is & that 
he may pay in the Same at the Rate he Receives it. According to that 
Standard ; and that his Bonds may be Drawn Accordingly ; and that the 
term of three Years allowed for the said Loan and for the Carrying on 
the said Manufacture may be Reckoned from his Receipt of the said 
Loan 

Read & in Answer to this petition. 

Voted that the Term of three Years within mentioned is to be Under- 
stood and Accounted as well for the pet" Improving the manufacture 
of Potash, as Returning the Plight hundred pounds Loan to Commence 
from and after the time of his Receiving said Loan. \_Passed Decem- 
ber 24. 



[2d Sess.] Province Laws (Mesolves, etc.). — 1736. 311 



CHAPTER 114. 

ORDER OF NOTICE ON STEPHEN WILLIAMS & OTHERS PETITION TO 
BE EXEMPT FROM TAXATION. 

A PETITION of Stephen Williams, Benjamin Pierson, Elizabeth Tucker, Legislative 
Stephen Williams jun"^ & Eben"^ Tucker jun-- all of Roxbury ; praying that counS-xvi., 
they may be Exonerated from the Taxes laid on them for any Charges 3^^' ^^'■^- 



that Arose within the West precinct in said Town, Untill the late Set- House Jour- 
tlement of the line between the two precincts, and that what they have ^We, p. 262, ' 
Already paid may be Refunded ^^^p- ^"^• 

Read ; & forasmuch as the pef^ have elapsed the time for Serving the 
East & west precincts in Roxbury with Copys of this petition. 

Ordered that the pet""* forthwith Serve the East & West precincts in 
Roxbury with Copys of this petition that they make Answer thereto 
if they see Cause, on Tuesday the fourth day of January next and the 
petition is Referr'd to that time for further consideration. \_Passed 
December 28. 



CHAPTER 115. 

ORDER APPOINTING A COMMITTEE FOR RECEIV*' BILLS OF CRED"^ OF 
THE LATE TREAS^. 

In the House of Representatives R^^^^^a^^^f th 

0/T?erecZ That Elisha Cooke Joseph Dwight and John Stoddard Esq" council, xvi., 
M"" Thomas Gushing John Chandler Job Almy Benj'' Prescot and Daniel ^rciu^es^^ci 
Epes Esq" with such as the Hon''''' Board shall join be a Committee to 552^ 



receive of the Late Treasurer Allen the Sum of Twenty Seven Thou- House Jour- 
sand and Fifty Nine Pounds Seventeen shillings and six pence in Bills J^ai, p.75. 
of Credit in his hands ; And also the Books and all Papers and other 
things belonging to the Province under his Present Care and to give 
him a receipt therefor and that the the^ said Committee deliver the 
said Twenty Seven Thousand and fifty nine Pounds seventeen shil- 
lings and six Pence Books Papers &c as aforesaid to M" Treasurer Foye 
taking his receipt for the same ; And that the said Committee be further 
Impowered and Dii-ected to receive of the said late Treasurer Allen all 
such Bills of Publick Credit on the Province in his hands as are Torn 
and defaced or Rendered unfit for further Service and on the receipt 
thereof to cause the Same to be consumed and Burned to Ashes and 
to give the said late Treasurer Allen a Receipt for the Same. 

In Council Read and Concurred & William Pepperell William Dudley 
John Jeffries Jacob Wendell Anthony Stoddard and Samuel Welles Esq" 
are joined in the Affair. \_Passed December 29. 



CHAPTER 116. 

VOTE ADJOURNING THE YORK COUNTY COURT. 

Whereas the Court of General Sessions of the peace & Inferiour Legislative 
Court of Common pleas for the County of York are by Law Appointed coundf.xv 
to be held & kept at York in and for said County on the first Tuesday 404. 



Sic. 



312 



Province Laws {Resolves, etc.). — 1736. [Chaps. 117, 118.] 



House Jour- 
nal, p. 78. 
Province 
Laws, i., 369, 
chap. 2. 



Legislative 
Records of the 
Council, xvi., 
383, 404. 

House Jour- 
nal, pp.32, 73, 
74. 



of January next and many of the Justices of the said Courts and Others 
concerned are also Members of the General Court now Sitting and may 
Continue Sitting till that time ; 

Voted That the Justices of the said Courts be and hereby are directed 
to Adjourn the same to the first Tuesday of February next then to 
be held and kept at York in and for the County aforesaid. [^Passed 
Decembtr 29. 



CHAPTER 117. 

ORDER IMPOWERING PETER LUCE TO BRING AN ACTION. 

A PETITION of Peter Luce of Boston Merchant, Shewing That in 
Febry 1733 Isaac Hobhouse of Bristol in Great Britain Merchant 
brought his Action of the Case Against George Campbell and John 
Quane for the Recovery of a ballance of £2,304. 13. 9 ; that the writ 
was Served only on the said Campbell, & the pef as Bail Executed a 
Bond in the Usual form, that pending the Suit the said Campbell died 
& Adminon of his Estate was Committed to Samuel Marshall, who 
Rendred the Estate lusolvant ; that Judgment is finally gone Against 
the pef as Bail on the writ of Scire facias ; which with Costs Amounts 
to near £1,400; And praying that he may be Allowed to Review the 
said Judgment or be otherwise Relieved & Execution be Staid in the 
meantime. 

Read together with the Answer of Thomas Gunter Attorney to Isaac 
Hobhouse & the Matter being fully considered 

Ordered that the prayer of the petition be so far Granted as that 
the Pef be Allowed and Impowred at any time within three Months to 
bring forward his Suit for the Recovery of what is due to him from 
Isaac Hobhouse, by leaving a Summons with Thomas Gunter afore- 
said ; which shall be as Effectual to bring forward a Trial, as if the 
said Hobhouse were within this province & the Summons were left 
with him. And It is further 

Ordered that the said Gunter give bond to the pef with Suretys to 
pay & answer what the pef shall Recover Against the said Hobhouse 
so far as the sum said Gunter as attorney to the said Hobhouse hath 
Recovered Against the pef shall Enable him And it is likewise 

Ordered that Execution on the Judgment in favour of the said Hob- 
house be not levied till the said Gunter shall give bond as aforesaid. 
\_Passed December 29. 



Legislative 
Records of the 
Council, xvi., 
372, 405. 

House Jour- 
nal, pp.7, 80. 



CHAPTER 118. 

ORDER SETTING OFF THE INHABITANTS OF CHEKAMO FROM CHILMARK 
AND ANNEXING THEM TO TISBURY. 

A Petition of David Butler, Ichabod Allen, and others proprietors 
and Inhabitants of a Tract of Land, Called Checkamo in the Town of 
Chilmark on the Island of Marthas Vineyard, Shewing that they live 
Eight Miles from the Meeting house in said Town, and but four from 
Tisbury Meeting house, which they must pass by in their Travell to 
Chilmark ; And therefore praying That the whole Tract of Land Called 
Checkamo with their Inhabitants and their Estates may be set off from 
Chilmark and Annexed to the Town of Tisbury 

Read, together with the Answer of Payne Mahew Esq"^ and the Matter 
being fully considered, 



[2d Sess.] Province Laws {Resolves, etc.): — 1736. 313 

Ordered that the prayer of the petition be so far Granted, as that 
the pet" with their Estates lying in tlie place Mentioned be & hereby 
are to all Intents and purposes Set off from the Town of Chilmark, 
and Annexed to the Town of Tisbury for the future ; provided the 
pet" be and hereby are held and Subjected to the payment of all 
Rates & Taxes what soever which have hither to been Assessed on 
them by the Town of Chilmark or otherwise by Order of Law. \_Passed 
December 30. 



CHAPTER 119. 

ORDER ALLOWING £30 TO W^' JEFFRY INDIAN, 

A PETITION of William Jeffrey of Harwich Indian, Setting forth his Legislative 
distressed Condition by Reason of Grevious Wounds Reced in the couucii^ xvi!^^ 

publick Service Against the Indian Enemy, and praying for some 405^ 

Allowance out of the publick Ti'easury for his Support House Jour- 

Read & in Answer to this petition, °^ ' ^" '^' 

Ordered that the sum of Thirty pounds be Granted & Allowed to be 
paid out of the publick Treasury (for the Relief & Support of the pet') 
to Edmund Freeman Esq'' by him to be used & disposed of & paid out 
as the pet" Necessitys Require the said Freeman to be Accountable for 
the disposition of the Money And in Case the pef should dye before 
the whole of the sum hereby Granted is Expended the Remainder thereof 
to be Returned into the province Treasury. \_Passed December SO. 



CHAPTER 120. 

ORDER ADDING BENJAMIN BROWN ESQ TO THE COMMITTEE ON TREAS- Legislative 

URER ALLENS ACCOUNTS. Records of the 

Council, XVI., 

406. 

Ordered that Benjamin Brown Esq'' be Added to the Com"'*' Appointed House Jour- 
to Receive of M"" Treasurer Allen what Bills of Credit &c belonging to nai p. go 

jiiits Ti 311 

the province he has in his hands. \_Passed December 31. chap! lis. ' 



CHAPTER 121. 



ORDER ADJOURNING THE BRISTOL COUNTY COURTS. 



Whereas the Court of General Sessions of the peace and Inf Court Legislative 
of Common pleas for the County of Bristol are by Law Appointed to councif, xvi.,^ 
be held and kept at Bristol in and for said County on the Second tues- f^ 



day of Janry next and many of the Justices of the said Courts and others House Jour- 
Concerned are also Members of the General Court now Sitting and may prov'irice' 
continue Sitting till that time ; ^hlxl't ^^^' 

Voted that the Justices of the said Courts be and hereby are directed 
to Adjourn the same to the first Wednesday of March next being the 
Second day of said Month then to be held at Bristol in and for the County 
aforesaid. \_Passed December 31. 



314 



Province Laws {^Resolves, etc.). — 1736. [Chaps. 122, 123.] 



Legislative 
Records of the 
Council, xvi., 
400. Maps and 
Plans, Mis., 
X., 13. 

Maps and 
Plans, Mis., 
X., 13 bis. 
House Jour- 
nal, pp. 68, 77. 
Ante, p. 145, 
cliap. 43. 



CHAPTER 122 

ORDER CONFIRMING A PLAT OF 1,000 ACRES OF LAND FOR MEDFORD. 

A PLAT of One thousand Acres of laud, laid out by Caleb Brook 
Survey'' and Chainmen on oath, to fulfill a Grant made by this Court 
to the Town of Medford ; Bounded Southerly by a Tract of laud laid 
out to the Grantees of the Township called Old Harrys town, West- 
erly by province land Northerly & P^asterly by Piscataquoag River ; 
beginiug at A pitch pine tree at the Bank of said River about two 
Miles West of Merrimack River Marked M F, then Runing West by 
the Needle with the line of Mark'd trees Six hundred & Ninety three 
perch then North 15 deg. East to a Maple tree on the Bank of said 
Piscataquoag River four hundred perch then Runing with said River 
to the pitch pine first mentioned 

Read and 

Ordered that the plat be Accepted And that the lauds therein delin- 
eated And described be & are hereby Confirmed unto the town of Med- 
ford in the County of Mid"" the Better to Enable them to Support the 
Ministry And keep a School in s*^ Town Agreable to the prayer of S*^ 
Town to the Court in June 1735 provided the plat exceeds not the 
Quantity of Oue Thousand Acres of Land Aud does not Interfere w"" 
Any former Grant. \_Passed December 31. 



Legislative 
Records of the 
Council, xvi., 

407. 

House Jour- 
nal, p. 81 



CHAPTER 123. 

ORDER IMPOWERING THE PROP^" OF N" PART OF WORCESTER TO LEVY 
AND COLLECT TAXES ON LAND FOR THE SUPPORT OF THE MINISTRY. 

A PETITION of Thomas Palmer Esq"^ & others a Com'^" of the Pro- 
prietors of the North part of Worcester praying that they may be 
Impowred to assess the Lauds there at four pence <^ Acre for the 
first Year, three pence <^ acre for the Second, aud two pence ^ acre 
for the third Year the money to be Employed for building a Meeting 
house, & Settling &. Supporting a minister in the said North part of 
Worcester 

Read & 

Ordered that the prayer of the petition be Granted, aud the pet" the 
proprietors of the North half of Worcester be and hereby are Impowred 
to levy a Tax or assessment on the proprietors of all the lauds in the 
North half of the Town of Worcester at four pence <p acre for the first 
Year next coming, and three pence p acre for the Second Year, and two 
pence ^ Acre for the third Year ; the Ministers & School lots excepted ; 
the money to be Applied for the building a Meeting house for the pub- 
lick Worship of God in the said half part of said Tow^n, and for the 
Support of an orthodox minister Among them ; And the Colector or 
Colectors for that purpose Chosen or to be Chosen by the said Pro- 
prietors are hereby Required and directed to Levy and Colect the 
whole Sum aud Sums that shall be Committed to them to Colect, 
Agreeable to the List or Lists of Assessment, which shall be Re- 
spectivly Given to them to Collect, during the said Term, and shall 
Seasonably pay in the said Assessment to the proprietors Treasurer, 
Agreeable to the lists of the Assessments ; The money to be drawn 
out for the ends and purposes aforesaid by Order of the proprietors 
Com"''' And the Lands in the said North half of Worcester are hereby 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 315 

Subjected to the payment of the said Tax as Occasion may Require, 
in Case any of the said Proprietors shall Neglect to make Seasonable 
pa3'ment of the Tax or Taxes that shall be Assessed on them during 
the term of three Years as aforesaid. \_Passed January 1. 



CHAPTEK 124. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF THO^ HUTCH- 
INSON AND OTHERS IN REGARD TO SETTLING AN ESTATE. 

Thi: following Ordek pass'd on the petition of Thomas Hutchinson Legislative 
John Ruck and Nathanael Saltonstal Esq" Executors of the Last will coundf xvf ^ 
and Testament of Dorothy Saltonstall late Widow and Executrix of 457. 
John Frizwell deceased, [an^e, p. 161, chap. 80J iiouse Jour- 

In Council Read & 'f i> p- ^^■ 

^77, . Ante, p. 207, 

Ordered that this petition be Revived and that Thomas Cushing and chap. i87. 
Anthony Stoddard Esq'" with such as shall be Joined by the Hon'*''^ 
House of Represent" be a Com"^*^ to hear the partys to this petition, 
and to Receive and Adjust the Accompts, as well of the Debts on the 
Estate of the within named James Thornbury diced, above the Amount 
of his personal Estate, and the Disbursments made by Israel How for 
the Repairing and Improving the Real Estate of the said Thornbury 
by him purchased, as also the Rents and profits of the said Real Estate 
Since the Decease of the Widow of the said Thornbury and make Re- 
port of the State and BaJlance of the said Accompts as soon as may 
be that so this Court may further proceed in the Affair 

In the House of Represent'* Read & Concurr'd and Elisha Cooke 
Ezekiel Cheever and John Chandler Esq''" are Joined in the Affair. 
\_Passed January 1. 



CHAPTEK 125. 

VOTE FOR MEETINGS OF THE GRANTEES OF SEVERAL NEW TOWNS. 

Voted that Cap' Samuel Jackson be & hereby is fully Authorized and Legislative 
Impowred to Assemble and Convene the Grantees and propriet''* of the Council, xvi., 

Township Number four. Cap' Caleb Blodget in like manner to Assemble ^ 

the Grantees or proprietors of the Township Number Eight, M' Samuel ?'/'i''' ''*"^! 
Liscomb, in like manner to Assemble the Grantees or proprietors of the hi., 2^ House 
Township Number Nine M"" Isaac Gardner in like manner to assemble i\*^,"ex'to Town 
the Grantees or proprietors of the Township Number three, and M"" John Names, p. 46. 
Hill in the like manner to Assemble the Grantees or proprietors of the cii.ap'. 76. ' 
Township Number Seven, lying in the line of Towns between the Rivers 
of Connecticutt & Merrimack^ all the said Grantees or Proprietors afore- 
named of the Towns aforesaid to assemble in such places as they shall 
be Respectivly Warned to Convene & assemble at by the persons thereto 
Respectivly impoured as aforesaid : The proprietors of each Township 
so assembled to Chuse a Moderator & Clerk & Com"''' to Alot & divide 
their lands & dispose of the Same and to pass such Votes and Orders 
as by them may be thought conducive for the Speedy fulfillment of the 
Conditions of their Grant, and also to Agree Upon Methods for Calling 

• The towns between the Merrimack and Connecticut Rivers above referred to are all 
in New Hampshire. Their names are, viz. : — 

No. 4. Alstead. 9. Lempster. 7. Hillsbor6. 

8. Washington. 3. Acworth. 



316 



Province Laws (^Resolves^etc). — 1736. [Chaps. 126, 127.] 



of Meetings for the futui'e ; provided none of their Votes concerning 
their Dividing or disposing of their Lauds that shall be pass'd while 
they are under the direction of the Com'™ of this Court shall be of force 
before they are Allowed by said Com"''^. [Passed January 4. 



Legislative 
Kecords of tlie 
Council, xvi., 
409. 

House Jour- 
nal, p. 87. 
Ante, p. 298, 
chap. 84. 



CHAPTER 126. 

VOTE APPOINTING A COM'^ee xo CONSID" THE STATE OF THE BILLS OF 

CREDIT. 

Whereas his Majestys Good Subjects have for many Years been 
great Sufferers by the Uncertain and Sinking State of the Bills of 
publick Credit ; which difficulty doubtless more particularly moved 
this Court in a very Solemn Manner to implore the divine Guidance 
and blessing on the present Session ; Wherefore to Comply with this 
Obligation & profession it Seems Necessary that this Court should do 
all that is possible to Remedy the Threatning Mischief ; Therefore 

■ Voted that Thomas Hutchinson, Ecbnuud Quincey, William Dudle}-, 
Jacob AVendeil & Samuel AVelles Esq" with Such as shall be Joined 
by the Hon'''^ House be a Com'*''" to Consider of this Important Affair 
and as soon as may be Report what they may Judge proper for this 
Court to do thereon 

In the House of Represent^ Read & Concurr'd and Col° Stoddard, 
M"" Cooke CoP Prescot, Col" Cushing, M"' Norton, Col° Almy, & CoP 
Chandler are joined in the Aft'air and that the Com"''^ Sit forthwith & 
Continue Sitting untill they shall Agree on a Report 

In Council Read & Concurr'd. [_Passecl January 4. 



Legislative 
Records of the 
Council, xvi., 

382, 409. 

House Jour- 
nal, pp. 32, 87. 



CHAPTER 127. 

ORDER IMPOWERING DAVID INGERSOLE TO FILE AN APPEAL FROM A 
JUDGMENT WITH STAY OF EXECUTION. 

A PETITION of David Ingersol of AVestfield in the County of Hamp- 
shire, Shewing that he Appealed from the Judgment of the Inf Court 
of Common pleas for said County, in August last. Obtained Against 
him by John Munn & Abigail his wife, formerly Abigail Myrick, Admor 
of Thomas Myrick deced, unto the Sup"" Court of Judicature, & Recog- 
nized, but his Attorney failed to file his Reasons of Appeal ; And there- 
fore praying that he may be Enabled to prosecute The said Appeal at 
the next Superiour Court of Judicature for the said County 

Read together with the Answer of John Munn and Abigail his wife 
(late Abigail Myrick) & the same being fully considered 

Ordered that the prayer of the petition be Granted and that the pet' 
be Allowed & Impowred to file his Reasons of Appeal from the Judg- 
ment within mentioned, in the Clerks office of the Superiour Court of 
Judicature &c for the County of Hampshire, & Notify the Adverse 
party of this Order fourteen days at least before the Sitting of the 
said Court at Springfield for the said County on the fourth Tuesday 
of September next ; And the Justices of the said Court are hereby 
Impoured & directed to hear & determine the same & to Enter up 
Judgment Accordingly ; The Costs Already Sustained to Remain as 
they are And Execution within mentioned is hereby Stayed in the 
Meantime. \_Passed January 4. 



[2d Sess.] Province Laws (Hesolves, etc.). — 1736. 317 

CHAPTER 128. 

ORDER ADJOURNING THE HAMPSHIRE COUNTY COURTS. 

Whereas the Court of General Sessions of the peace and Inferiour Legislative 
Court of Common pleas for the Count}^ of Hampshire Stand Adjourned council^ xvi!]^ 

to Tuesday the Eleventh Instant, and Divers Justices of the said Courts 4io^ 

and others Concerned are Members of the General Assembly now Sit- House Jour, 
ting, and which may probably continue to Sit till the said Tuesday, "''''y-'-^^- 
Wherefore 

Voted That the said Court of General Sessions of the peace be Ad- 
journed to the iirst Tuesday of February next at ten a Clock in the 
Forenoon and to the said time the said Courts are Accordingly Ad- 
journed ; of which all persons concerned are Required to take Notice, 
and that the Sheriff of the said County or his Deputy be & hereby is 
Required & directed to publish the Said Adjournment by putting Up 
Notifications thereof in the Shire town of the said County as well as 
in the Town where the said Courts are to be held. [^Passed January 5. 



CHAPTEE 129. 

ORDER APPOINTING A COMMITTEE TO EXAMINE THE AFFAIRS OF THE 
FOUR HOUSATONIC TOWNSHIPS. 

The Com'^''''' Appointed to take into their consideration the plat of g|f^^^^g^J|t^^e 
the four Housatanock Townships and hear the Committee thereon & the Council, xvi., 
Com'^" for Settling the Upper Township Granted Upon Housatanock Archiv^es?' 
River concerning their proceedings &c Report cxiv., no. 

That it Appears to this Com"''' that the Grantees & the Committees Mass. 
Appointed for their Admission to the Upper Township on Housatanock ^fy^l^es! 
River have always Apprehended & looked upon the hoplands to be part Maps' and 
of the said Township, and if their East bounds had been Run when their xi.', 27'. Legis- 
South & North bounds were made, the said Lands had been Accordingly o^*the Councfi* 
included ; We therefore propose that the plats of the said Township, now xvi., 345,346, ' 
before this Court made by Timothy Dwight Esq'' be Accepted & con- journ^)*,pif. 88, 
firmed and that the plat of the four Townships laid out near & upon the 89. 90. I'rov- 
lower & upper Housatanock Township be also Accepted & Confirmed, 728, chap. 41. ' 
with this proviso, that the Lands taken out of the plat of Number One f^^^\^ji^^' 
of the four Townships by the East bounds of the Upper Housatanock Po.s^.p.ssi, 
be made up and Added to the said Number One, Near unto and Adjoin- ''^'^^'" 
ing the province Lauds, so as to give the said Township a full Equiva- 
lent as to Quantity and quality ; & this to be done by the Com'^'' of this 
Court Appointed to measure Sheffield, & to Return their doings to this 
Court. The Committee further Report, that having been Attended by 
Ebenezer Pomroy and Thomas Ingersol Esq" two of the Com'*''' for Set- 
tling Upper Housatanock (John Ashley Esq'' the other not being in Town) 
have Received a List of them of the Grantees or Rather the present pre- 
tended owners of the Upper Township, containing Sixty in Number, 
besides three publick Rights, Also Information of twelve hundred Acres 
belonging to Joakim Van Valkenburg ; wherein we Observe a great dispro- 
portion as to the quantity each one has of the said Township, Altho Upon 
Enquiry of the said Com*^'' there is no Difference of the Terms of Settle- 
ment, which made us further to enquire of John Stoddard Esq^ who was 
Originally of this Committee, tho long Since Resigned, if there was a 
general Rule agreed on for the Admission of Grantees in the Said Town- 



318 Province Laws {Resolves, etc. ) . — 1736. [Chap. 129.] 

ships, who full}' Satisfied us that the Com'^^ that theu was Agreed to 
Admit Sixty Settlers beside the publick Rights of four hundred Acres 
each Right, and Accordingly Admitted in Upwards of fifty at that time ; 
And it Seems to have been the Intention of this Court to have given the 
said Township Equally to & Amongst the Settlers : And the list afore- 
named does make forty nine Equal Rights of four hundred Acres each, 
According to the Rule & Intention aforesaid : And yet we find James 
Bowdoin Esq' entred three thousand Acres proprietor & yet is Entred 
but for four Rights & is Under Obligation or Condition to Settle but 
four familys &c. To Joseph Green Entred Nine hundred & thirty Acres, 
& yet but one, Isaac Walker Nine hundred & thirty Acres and yet but 
one Settler, John Green & Byfield Lyde, entred Eight hundred Acres, 
& yet but one Settler, Israel Williams Seven hundred & twenty Acres 
& yet but one Settler, Josiah Phelps One Thousand acres & yet but two 
Settlers ; We also find that most if not all these Rights have pass'd 
thro tbe hands of David Ingersol, if not the Additions made them While 
Under his management, tind that said David Ingersol stands no less at 
present than Seven Rights of four hundred Acres each entred to him 
in this List. We are Informed that the List was made in Boston and 
that the Original List or Lists with other papers Relating to their Trans- 
actions were in the County of Hampshire ; And altho we Enquired for 
the Account of the particular Gradations or Steps how these Unequal 
Rights were brought to the present pretended owners Yet we could have 
no Satisfactory Account thereof nor the Reason why they were thus 
bountifully dealt b}' Wherefore we are of Opinion that some 

Suitable person or persons be Appointed & Impoured hj this Court to 
make Inquiry into these papers. Records, Entrys, Lists & doings of 
the Settling Com'^^ above mentioned, and if need be to take the Depo- 
sitons of any persons in those parts viz' in the County of Hampshire as 
may be knowing in these Matters ; and Report the Same to this Court 
at their next Session that so the said James Bowdoin, Joseph Green, 
Isaac Walker, John Green, Byfield Lyde, Israel Williams, and Josiah 
Phelps may be Reduced in their pretensions of Land in said Upper 
Housatanock so as to make their Rights equal with the other viz' Four 
hundred acres to One Right or Settler and the Number be Reduced to 
Sixty besides the publick lots and if there be any Remainder of Land 
afterwards, it may be Equally divided Among the Settlers and that the 
Committee be Restrained or forbid to Confirm or do anything tending 
■ to Confirm these Excessive Grants, or any part of them Untill this Court 
shall give further direction thereabout, nor give or Attest any Copys 
of the said Grants, but that they be open & free to be Reduced to the 
Original Standard Agreed by the first Com"''* and the Intention of this 
Court as aforesaid all which is humbly Submitted By order & in the 
name of the Committee 

Sam^ Thaxter. 
In Council Read and 

Order' d, That this Report be Accepted, And that Joseph Wilder 
Esquire, with such as shall be Joyned by the Honourable House of 
Representatives Shall be a Committee for the Purposes above men- 
tioned, the Charge of the Committee to be born as this Court shall 
Order In the House of Representatives Read and Concurr'd, and 

John Chandler Esquire is joined in the Affair. [Passed January 6. 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 319 

CHAPTEE 130. 

ORDER CONFIRMING TO REV^ NATH'- APPLETON A GORE OF LAND. 

A PETITION of M"' Nathanael Appletou of Cambridge, Shewino; that J^^^'^iative 
he purchased the Southerly part of a Certain Farm Granted by this councii, xvi., 
Court, ^ lying and being between Worcester and Sutton ; the bounds *^^: 



between which and a Small Gore of Province Land of about the quan- House Jour, 
tity of Seven Acres are Uncertain ; And therefore praying that he may ' 
Obtain a Grant of the said Gore of laud of the Province According to 
a plat thereof herewith Exhibited 

Read & 

Ordered that the prayer of the petition be Granted and that the said 
Gore of Land as within mentioned & described in the within plat be 
and hereby is given and Granted to the pef the Kev'* M'' Nath' Apple- 
ton his heirs and Assignes forever. \_Passed January 8. 



CHAPTER 131. 

ORDER ALLOWING £24 TO SAM^ MOOR. 



A PETITION of Samuel Moor of Litchfield, Shewing that he Killed five Legislative 
Wolves & four Wild Cats, and Obtained a Certificate thereof from the councu^, x*vK^ 
Selectmen, According to Law ; but the Choice of the said Selectmen being 4i3. 
Declared void by this Court, he cannot Receive the Bounty by Virtue House Jour- 
of the said Certificate ; Therefore praying for the particular Order of proVmce 
this Court therefor Laws, ii., 587, 

r> A chap. 10; 603, 

Keaa cc chap. 3. 

Ordered that the prayer of the petition be Granted, and the province 
Treasurer is hereby Impoured and directed to pay the pef or order the 
sum of Twenty four pounds due to him for the premium of the said five 
grown Wolves and four Wild Cats, Agreeable to the Certificate within 
Mentioned. \_Passed January 8. 



CHAPTER 132. S^olthe 

Council, xvi., 
413. 



VOTE TO ISSUE A PATENT FOR TOWNSHIP GRANTED TO THE HOUSA- 

TONIC INDIANS. Mass.^^^^ 

xxxi., 202. 

Voted that his Excellency the Govern'' be Desired to make out a R^cords^of the 
Patent Under the publick Seal of the Province to the Housatanock Council, xvi., 
Tribe of Indians of the Township lately Granted to them by this jo^urnai, p.°99^.^ 
Court, Agreeable to the Form of the Grant. [^Passed * January 10. -^-^^^^ ^2'^^' 



CHAPTER 133. 

ORDER CONFIRMING A PLAT OF 220 ACRES OF LAND LAID OUT TO 

THO" TILESTON. 

A pi.AT of Land laid out by James Cummins Survey' and Chain men Legislative 
on Oath, to fulfill a Grant of two hundred Acres of Land, made by this councif, xvl.® 

• The House Journal adds, " and laid out about fifty Years ago." 



320 



Province Laws (Besolves, etc.). — 1736. [Chaps. 134, 135.] 



413. Mass. 
Archives, 
xlvi., 67. 

Mass. 
Archives, 
xlvi., 65-68. 
House Jour- 
nal, p. 94. 
Ante, p. 240, 
chap. 259 



Court to Thomas Tilestone Esq', lying on the West Side of Merrimack 
River, & beginiug at the head of Ameskeag Falls, at a pine Tree Marked, 
& Ruuing on the River three hundred Rods to a pine tree Marked, thence 
West 7 deg. South Sixty Rods, thence South 20 Deg. West Two hun- 
dred & Sixty Eight Rods, thence South 30 deg East Sixty Rods to a 
pine Tree, thence East 7 deg. North One hundred & Seventy Rods to 
the place first mentioned. 

Read and 

Ordered that the plat be Accepted and the Lauds therein delineated 
and described be & are hereby confirmed to the said Thomas Tilestone 
Esq"" his heirs & Assigns for Ever he or they performing the Conditions 
of the Grant provided the plat exceeds not the quantity of two hundred 
and twenty Acres and does not interfere with any former Grant. [Passed 
January 10. 



Legislative 
Records of the 
Council, xvi., 
414. 

House Jour- 
nal, pp. 95, 96. 



CHAPTEE 134. 

ORDER IMPOWERING JOHANNES SPOOR TO SURVEY AND LAY OUT 600 

ACRES OF LAND. 

A PETITION of Johannes Spoor, praying the Confirmation of this Court 
to him of a Tract of Land near Sheffield, Upon which he is Settled, & 
has been many Years, having purchased it of CoP Rausler of the prov- 
ince of New York & on which he has made many Improvements. 

Read & in Answer to this petition, 

Ordered that Six hundred Acres of the Unimproved lands of the 
province, lying West of Sheffield, Adjoining to & inclusive of his Im- 
provements be & hereby is given and Granted to the said Johannes 
Spoor, his heirs and assignes forever, and that he be Allowed and 
Impowred to Return a plat thereof by a Survey'' and Chain men on 
Oath to this Court within twelve Months for Confirmation ; And that 
the said Grant Shall be included, and thence forward and Uutill the 
further Order of this Court, looked Upon & accounted as part and 
parcell of the Upper Housatanock Township ; And the pet' his heirs 
and assignes and the Occupants of the Granted Lands for the time 
being, as well as the Land it self, shall be and hereby are Subjected 
to the payment of all Rates & Taxes, that shall at any time hereafter 
be Assessed on them by this Court, or otherwise by Order of Law ; and 
in Case of the Refusal of the payment of such Rates & Taxes this 
Grant shall be and hereby is declared to be Null and Void. [Passed 
January 10. 



Legislative 
Records of the 
Council, xvi., 
414. 

House Jour- 
nal, pp. 99, 100. 
Ante, p. 293, 
chap. 74. 



CHAPTEK 135. 

ORDER ACCEPTING THE COMMITTEES REPORT, AND SETTING THE 
BOUNDARIES OF THE CLAPBOARD TREES PRECINCT AND FURTHER 
ORDERING THE PAYMENT OF £9. 16. 8 TO THE COMMITTEE. 

The Com"^'"'- Appointed by this Court Novem"" 26 : 1736, On the peti- 
tion of the Inhabitants of Dedham, having been on the land petitioned 
for to be a precinct, viewed the same, and Considered the Circumstances 
thereof, and heard the partys for & Against the petition ; are humbly 
of Opinion, that the prayer of the petition be so far Granted, as that 
a line be Run from the House of Richard Ellis, Northeasterly to the 
Center, or mid way betwixt the Meeting houses in the South precinct, 
and in the Clapboard Trees, and from thence to the house of Ebenezer 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 321 

Ellis to the Cross ways so Called, and be Established as a divisional line 
betwixt the South precinct in Dedham and that of the Clapboard trees ; 
and that the land lying betwixt that & the line formerly made betwixt 
the North & South precinct with the Inhabitants thereon with those 
familys and their Instates that have been formerly Set to them by this 
Court out of the North precinct in said Dedham, as also the Family 
and Estate of Benjamin Fairbank and Such part of the Estates of 
Richard Ellis, Ebenezer Ellis & Eliphalet Pond, lying in Dedham, that 
may fall to the Southward of the above mentioned line, be Erected 
into a Seperate precinct & have parish powers & priviledges Granted 
to them ; Saving the Familys, persons and Estates hereafter named, 
that may fall within the bounds of the Parish above Delineated viz' 
Ebenezer Brackett, Nathanael Kingsberry, Amos Fisher, and Josiah 
Fisher, who are Still Continued to the North precinct in Dedham to 
do duty and Receive priviledge, William Bullard, Nathanael Lewis, 
Samuel Farrington, & John Cobb, who belong to the South precinct 
&c, & are Still to Continue to do duty and Receive priviledge with 
them as heretofore : Neither is this to be Understood any ways to 
Alter the Order of this Court formerly made which Obliges A Num- 
ber of these Familys belonging to the Clap board Trees to pay to the 
South precinct for a Term of years The Committee are also of Opinion 
that the petition of Byfield Lyde Esq"^ be Dismiss'd All which is hum- 
bly Submitted 

In the Name & by Order of the Com'^^ Joseph Wilder 

Read & 

Ordered that this Report be Accepted & the Inhabitants of the pre- 
cinct Called the Clapboard Trees are directed to pay the Charge of the 
Committee, Amounting to the Sum of Nine pounds Sixteen shillings & 
Eight pence, to Joseph Wilder Esq"' to be by him paid to whom the same 
is Respectivly due. \_Passed January 10. 



CHAPTEK 136. 

ORDER CONFIRMING A PLAT OF 700 ACRES OF LAND TO THE HEIRS 
OF JN'' WILLIAMS DECD. 

A PLAT of Seven hundred Acres of Land laid out by Oliver Partridge Legislative 
Survey^ & Chainmen on Oath, to fulfill a Grant made by this Court to councU xvi*!^ 
the heirs of the Rev*^ M"^ John Williams deceased lying South & West 4L5. 
and Adioining to the Town of North hampton House Jour- 

Ronrl « nal,p.33. 

i^eaci & ^nte, p. 135, 

Ordered that the plat be Accepted, and the lands therein Delineated chap. 20. 
& described be & hereby is Confirmed to the pet" Eleazar Williams, 
Stephen Williams and Warham Williams, and the other Children and 
heirs of the late Rev'' M"' John Williams deced, & their heirs and 
Assignes Respectivly forever ; provided it exceeds not the quantity 
of Seven hundred Acres of Land -and does not Interfere with any 
former Grant. \_Passed January 11. 



322 



Province Laws {Resolves, etc.). — 1736. [Chaps. 137-139.] 



CHAPTER 137. 

ORDER WITH NOTICE, APPOINTING A COMMITTEE ON NATH'^ WILLIAMS 
PETITION IN REGARD TO TAXATION. 



Legislative 
Records of the 
Council, xvi., 
416. 

House Jour- 
nal, p. 101. 



A PETITION of Nathaiiael Williams, Complaining that his Lands are 
taxed both to Taunton and Raynham ; praying that he may be Assessed 
to Taunton only, or that this Court would Appoint a time for hearing 
& determining the Dispute between the two Towns 

In Council Read & 

Ordered that John Cushing Esq' with such as Shall be Joined by 
the Honble House of Represent" be a Com'''' to Repair to the Lands 
of the pef view the same hear the partys concerned, and make Report 
ou the first Tuesday of the next May Session, what is proper for the 
Court to do thereon The Com"''' to give Seasonable Notice to the Towns 
of Taunton & Raynham of the time of their coming, and that no Taxes 
be Levied ou the pet' in the mean time In the House of Repre- 

sent'' Read & Coucurr'd & Col"" Almy & Col" Church are Joined in the 
affair. \_Passed January 11. 



Legislative 
Records of the 
Council, xvi., 
416. 

House Jour- 
nal, p. 95. 



CHAPTEE 138. 

ORDER GRANTING TO ELIAS LYMAN AN ISLAND IN THE CONNECTICUT 

RIVER. 

A PETITION of Elias Lyman of Northampton praying for the Grant 
of a Small Island lying in Connecticutt River between Pascomock 
Meadow in North Hampton and Mount Holyoke in Hadley 

Read & 

Ordered that the prayer of the petition be Granted and the said Island 
is hereby Given and Granted to the pef his heirs & assignes forever. 
[^Passed January 12. 



CHAPTER 139. 



ORDER IMPOWERING THE REV" JOHN CAMPBELL TO SURVEY AND LAY 
OUT 300 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 
416. 

House Jour- 
nal, p. 96. 



A PETITION of M"" John Campbell Shewing his difficult Circumstances 
in the Work of the Ministry at Oxford, & praying for a Grant of prov- 
ince Land for his encouragment therein 

Read & 

Ordered that three hundi'ed Acres of the Unappropriated Lands of 
the province, lying between Oxford New Sherburn &c as within men- 
tioned be & hereby is given and Granted unto the pef M"" John Camp- 
bell his heii's & assignes forever, and that he be Allowed & Impowred 
by a Survey"^ & Chainmen on Oath to Return a plat thereof to this Court 
within twelve months for Confirmation Accordingly. [Passed Jan- 
uary 12. 



[2d Sess,] Province Laws (Resolves, etc.). — 1736. 323 

CHAPTER 140. 

VOTE GRANTING 200 ACRES OF LAND TO AARON DENIO. 

A PETITION of Aaroa Uenio of Deerfield, praying for a Grant of prov- Legislative 
ince Land in consideration of his Losses & Suft'erings in the War with n,^?,?.^!?? t^J^'® 

the Indians & French & in his Captivity Among them ^n^ 

Read & in Answer to this petition House Jour- 

p'b^erf .that two hundred Acres of the Unappropriated Land in the °*^^'P-26. 
County of Hampshire be and hereby is Granted to the pef his heirs 
& assignes in consideration of the Misfortunes and Sufferings within 
mentioned, Certified by Joseph Kellog and Thomas Welles Esq" That 
the pet'" or his Assignes be Obliged to bring forward a Settlement of 
the Lands within three Years by building a House thereon of Eighteen 
feet Square & Seven feet Stud at the least, & plowing & bringing to 
& fit for mowing or planting Six Acres at least of the Granted prem- 
isses, and have a Family dwelling on said lands in said House and that 
he Return a plat thereof to this Court within twelve Months for confir- 
mation. \_Passed January 12. , 



CHAPTER 141. 

ORDER GRANTING 6,000 ACRES OF LAND TO THE WESTFIELD PRO- 
PRIETORS. 

A PETITION of M'' Thomas Ingersol Represent'' of the Town of West- Legislative 
field praying for a Grant to the proprietors of said Town, of a Tract council, xvi., 
of about Six Thousand Acres of land lying between Westfield West 11! 



boundary & the Township Granted to the proprietors of SufHeld Mass. 

r, T o Archives, 

Kead & ccxliii., 35-37. 

Ordered that the prayer of the petition be Granted, and the Lands ^^"1® 057"^"- 
therein Delineated and Described be &, hereby are Accordingly given (March 25, _ 
and Granted to the proprietors of the Town of Westfield, their heirs \'^^^Antl',^^!iQ,' 
or Assignes Respectivly ; provided they do forthwith or as soon as *"''^oPv^l^' 
may be Open and Constantly keep in Repair hereafter a Good & Safe i36. 
Cart way over the premisses in the Road that leads from AVest field to 
Housatanock, Commonly called the Albany Road ; provided Also this 
Grant does not prejudice the Grants lately laid out to the heirs of 
the late Treasurer M' James Taylour at the Pond Called the Ten mile 
pond, the said Grantees concluding not to hold the same, but it is to 
be Esteemed & looked upon as among the Upper Housatanuck Equiv- 
alents ; And also that part of the Grant of Seven hundred Acres of 
Land to the heirs of the late Rev*^ M"" John AVilliams of Deerfield deced 
which may or does fall within the lines of the prayed for premisses 
According to the plat lately passed and Confirmed by this Court And 
also that this Grant does not exceed the quantit}'^ of Six Thousand 
Acres of Land Exclusive of the said provisoes & does not Interfere 
with any former Grant ; provided Also that the Grantees as soon as 
may be lay out two hundred Acres of the Granted premisses for the 
present minister of the said Town, Two hundred Acres for the minis- 
try, and one hundred Acres for the School forever ; and Return a plat 
of the premisses & the Sequestrations aforementioned to this Court, 
within twelve Months for confirmation. \_Passed January 12. 



324 



Province Laws {Resolves, etc.). — 1736. [Chaps. 142-144.] 



CHAPTER 142. 

VOTE EMPOWERING BENONI MOOR AND OTHERS TO SURVEY AND LAY 
OUT 600 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 
417^ ^ 

Legislative 
Records of the 
Council, xvi., 
305. House 
Journal, pp. 27, 
107. 



A PETITION of Benoni Moor Joseph Petty & Robert Cooper, Setting 
forth their Services in the late War, & praying for a Tract of land in 
consideration thereof 

Read & in answer to this petition, 

Voted that Six hundred Acres of the Unappropriated Lands of the 
province (being two hundred Acres to each person) be & hereby is 
granted to the pef^ their heirs and Assignes, and that the same be 
Surveyed & laid out by a Surveyor & Chainmen on Oath, Adjoining 
to some Town in the County of Hampshire and Return a plat thereof 
to this Court within twelve months for confirmation to the pet" their 
heirs and assignes Respectivly ; provided that each of them build a 
Dwelling house thereon of Eighteen feet Square and Seven feet Stud 
at the least and have a Family dwelling on each two hundred Acres, 
& Six Acres thereof brought to and fitted for English Grass and Sub- 
dued by plowing and well fenced within three Years. \_Passed Jan- 
uary 12. 



CHAPTER 143. 



ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO CAP'^ SAM^- 

JORDAN. 



Legislative 
Records of the 
Council, xvi., 
418. >M;ips and 
Plans, Mis., 
X., 24. 

Maps and 
Plans, Mis., 
X., 24 ter. 
House -Jour- 
nal, p. 102. 
Ante, p. 76, 
chap. 153. 



A PLAT of three hundred Acres of Land laid out by Charles Frost 
Survey'' and Chain men on Oath to fulfill a Grant made by this Court 
to Cap' Samuel .Jordan begining on the South West side of a Tract of 
Land, Called Phillips town in the County of York at a White Oak tree 
Marked on four sides S i ; thence Ruiiing South West One hundred &. 
forty poles to a Tree Marked as aforesaid, thence South east three hun- 
dred and forty three poles to a pitch pine marked as afore said, thence 
North East One hundred and forty poles to said Phillips Town at another 
Tree marked as aforesaid then North West three hundred & forty three 
poles to the first Station. 

Read and 

Ordered That the plat be Accepted, and the Lands therein delineated 
and described be and hereby are confirmed to the said Captain Samuel 
Jordan his Heirs and Assigns for Ever provided the plat exceeds not 
the quantity of three hundred Acres and does not interfere with any 
former Grant. [^Passed Jaimary 12. 



CHAPTER 144. 

ORDER IMPOWERING EBENEZER SHELDON AND OTHERS TO SURVEY 
AND LAY OUT 300 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 
418. 

House Jour- 
nal, p. 25. 



A PETITION of Ebenezer Sheldon for himself and for Samuel and 
Mary Clap, Shewing that the said Sheldon and his Sister Mary Clap 
in their long Captivity in Canada contracted an Acquaintance with the 
Cagnawaga Indians, who now put them to an ^Extraordinary, Charge 
to entertain them when they come to Deeifield ; And therefore praying 
for a Grant of Province Land from this Court 



[2d Sess.] Province Laws (Hesohes, etc.). — 1736. 325 

Read & in Answer to this petition 

Ordered that the pef have leave by a Sui'vey"' and Chain men on 
Oath to Survey and lay out three hundred Acres of the Unappro- 
priated Lands of this province in the County of Hampshire and Re- 
turn a plat thereof to this Court within twelve Months for Confirmation 
One half thereof to the said Ebenezer Sheldon & the other half to the 
said Samuel & Mary Clap. \_Fassed January 12. 



CHAPTER 145. 

ORDER IMPOWERING EDW» TYNG AND OTHERS TO SURVEY AND LAY 
OUT 1,200 ACRES OF LAND. 

A PETITION of Edward Tyng Temple Nelson & Nathanael Alden, Legislative 
prajnng for a Grant of a Tract of province Land for themselves and c^uQc*^f xvi.*^^ 

the other heirs of their Respective fathers, in consideration of the 4i^^ 

Great Charge & Sufferings of their Said Fathers in a long Captivity House Jour- 
in France being in the Service of the province when taken °'^'' ^P* ^' ^*^^' 

Read and In Answer to this petition 

Ordered that twelve hundred Acres of the Unappropriated Lands 
of the province, lying West of Salem Canada Town, be & hereby are 
granted to the pet" the heirs & legal Represent*^ of the wit hin n amed 
Edward Tyng Esq"" John Nelson Esq'' & Cap' John Alden deced. And 
that they be Allowed by a Survey'' and two Chain men on Oath to take 
a plat thereof and Return the Same to this Court within twelve months 
for confirmation to the said pef^ to be held in three Equal parts viz' 
four hundred Acres to the heirs & Legal Represent" of the said Edward 
Tyng Esq'' the like quantity to the heirs & legal Represent" of the said 
John Nelson Esq' and the Residue of the Gra nt to the heirs and Legal 
Represent* of the said Cap' John Alden deced. \_Passed January 12. 



CHAPTER 146. • 

ORDER CONFIRMING A PLAT OF A TOWNSHIP GRANTED TO CAPf JN^ 

GOREHAMS COMP^- 

A Plat of 26,910 Acres of Land, Surveyed by Jerahmeel Cummins Legislative 
Survey"" and Chain men on Oath 2,130 (part thereof) having been councif xw*^^ 
Granted to Zachens Lovewell & 1,680 Acres laid out to the proprie- 4iit. Ma'psand 
tors of the Township Granted to Cap' William Tyngs Company, which x.,"i^' ^^'' 
leaves twenty three thousand & f-orty Acres ; begining at Suncook South maps and ' 
West Corner ; Ruiiiug from thence Northerly by Suncook Town line Plans, Mis., 
five Miles and One hundred perch to the North West Corner of Sun- journal, 
cook Township, and the Corner of Rumford & so on by Rumford town ^^M^e^p ^246 
line One hundred & Seventy Rods to the Corner of the Township Granted chap'. -273; 
to Hopkinton petitioners, thence South 34. 30 West by said Township .291^13.^277^' 
Eight hundred & fifty two perch to a Birch tree Mark'd ; thence by Prov- ciiap. 36. 
ince Land South 2 : 00. East four hundred & twenty Six perch to the 
North east Corner of Doct^ Hales Town ship so Called, and b}^ said Town- 
ship Six ^liles to a White Oak being the South east Corner of said Town- 
ship, & the North east Corner of Boston Piscataquoag Township, then 
on the same Course by said Township Six hundied & thirty Nine perch 
to a heap of Stones thence East by the Needle Six Miles to a pine tree 
marked on the Bank of Merrimack River ; & so by the River to Suncook 



326 



Province 1jA\w^ {Resolves, etc.). — 1736. [Chaps. 147, 148.] 



Town Ship and by the said Township to the first Station ; which is to 
Satisfy a Grant of a Township made by this Court to Cap' John Gore- 
ham & Others 

Read and 

Ordered That the Plat be Accepted & the Lands therein delineated 
and described (excepting the Grants within mentioned heretofore made 
by this Court) be accordingly confirmed to the Officers and Soldiers in 
the Company late under the Command of Cap' Jn" Goreham deceased 
in the Canada Expedition Anno 1690 & to the Heirs Legal Represent- 
atives & Descendants of such of them as are since deceased their Heirs 
and Assigns Respectively for Ever they Perform" the Conditions of the 
Grant to all Intents & Purposes, Provided the Plat Exceeds not the 
Quantity of Twenty Six thousand Nine hundred & ten Acres of Land 
& does not interferre with an}' other or former Grant as well those 
within Mentioned as any other. \_Passed January 13. 



CHAPTEK 147. 



ORDER IMPOWERING W" THOMAS TO SELL LAND. 



Legislative 
Kecords of the 
Council, xvi., 
419. 

House Jour- 
nal, pp. 103, 104. 
Province 
Laws, ii.,151, 
chap. 10. 



A PETITION of William Thomas of Natick Indian praying for Liberty 
from This Court to make sale of a Thirty Acre lot in the Common lands 
there for paying Debts he has Contracted by his Sickness and for his 
more Comfortable Support 

Read & 

Ordered that the praj'er of the petition be Granted and the pef is 
hereby Allowed, and Impowred to make Sale of Thirty Acres of his 
Common Lands in Natick for the Most the same will fetch, and in 
proceeding therein to Observe the Rules and directions of the Act of 
this province of the Sixth Year of the Reign of his late Majesty King 
George the first Chap 3'' Relating to the Sale of Real Estates and pass 
and Execute in due form of Law a Good Deed or deeds of Sale & Con- 
veyance thereof to such person or persons as will purchase the Same ; 
And Francis Full am Esq'' is hereby Iippowred and desired to see that 
Justice be done the pef in the Sale of the premisses and that out of 
the proceeds thereof he pay the pef* Just debts the Remainder to be 
Applied for building a Small house for the pef & to purchase Stock 
&, Utensils for him so far as it will go for the said uses. [^Passed 
January 13. 



CHAPTER 148 



ORDER IMPOWERING ELIZ^ HENSHAW AS ADMINISTRATRIX TO SELL 

REAL ESTATE. 



Legislative 
Records of the 
Council, xvi., 
420. 

House Jour- 
nal, pp. 22, 103. 
Province 
Laws, ii., 151, 
chap. 10. 



A PETITION of Elizabeth Henshaw^ (late Burroughs) praying for Lib- 
erty to Sell a House and Land in Salem, belonging to the Estate of her 
former Husband Will"' Burroughs (to which she is Adm'') for paying 
his Debts and Supporting his Children 

Read & 

Ordered that the prayer of the petition be Granted, and that the pef 
in her said Capacity as admin" «fec be hereby allowed & Impowred to 
make Sale of the said Messuage Land & premisses within mentioned 

' In the margin of the Secretary's copy the name is Henchee; in the State Library 
copy. Legislative Records of the Council, xvi., 420, it is Hinche; in the House Journal 
it is Hinckee. 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 327 

for [the] ' most the same will fetch, and to pass a Good Deed of Sale 
aud Conveyance of the Same Accordingly and in proceeding therein to 
Act Agreeable to the Act of the Sixth of George the first Chap S** 
Relating to the Sale of Real Estates and Benjamin Lynde jun"" and 
Thomas Barton Escf^ are desired to assist in the Sale ; provided She 
give Sutticient Caution to the Judge of the probate of Wills &c for 
the County of Essex to Dispose of the produce of the Sale as follows 
viz' Two thirds thereof to be paid to Mess" Timothy Prout & Edward 
Bromfield of Boston & by them to be paid in discharge of the Debts 
of her late Husband Burroughs, and in Educating the Children She 
has by him, in a prudent Manner ; the other third to be paid by her 
Executor or Adm"' at her decease, to the Guardian or Guardians of 
the said Children for their use or to themselves if they or Either of 
them shall be arrived at Lawful! Age or Marriage at the pef' decease. 
[^Passed January 13. 



CHAPTER 149. 

ORDER ON THE PETITION OF JAMES BROWN & JN^ WALKER TO PAY 
TAXES IN THE SOUTH PRECINCT OF EASTHAM. 

A PETITION of James Brown and John Walker of Eastham, Shewing Legislative 
that when the North precinct was set off in the Year 1723 the pet" were councif x^v^*^^ 
Allowed to belong to the South Untill further Order, but no Mention 420. 
being made in that Vote of their Estates tho their polls were Exempted, House Jour- 
their Estates have been taxed to the North precinct, Praying that they pi-o'^^-^Jg^' 
may now be freed by a further vote of this Court & be Continued to the Laws, x., 288, 
South precinct ''^''^'■^■ 

Read & 

Ordered that the prayer of the petition be Granted and the pet" 
Estates lying in the North precinct in Eastham, as well as their pols, 
are hereby declared to be exempt from paying any Tax, or being Sub- 
ject to any Assessment for the Support of the ministry in the North 
precinct, but they Remain to the Old or South precinct to do duty 
and Receive priviledge there ; And that the Exemption within men- 
tioned when the said North precinct was Erected is & ought to be so 
understood. \_Passed January 13. 



CHAPTER 150. 

VOTE IMPOWERING CAP^ JN" FOOT TO SURVEY AND LAY OUT 200 

ACRES OF LAND. 

A PETITION of Cap' John Foot of Amesbury praying for a Grant of Legislative 
province Land in consideration of his Services & Sufferings in the War counc'ii! xvi!)^ 
Against the Indian P^nemy Read & ^^ '_ 

Voted that two hundred Acres of the Unappropriated Lands of the House Jour- 
province in the Town of Methuen be and hereby is given and Granted "'' ' ^' ' 
to the pet" Cap' John Foot his heirs and Assignes forever, in considera- 
tion of his Services and Expences in the Indian Wars and that he be 
Allowed by a Survey"" and Chain men on Oath to Survey the Same and 
Return a plat thereof to this Court within twelve Months for confirma- 
tion Accordingly, \^Passed January 15. 

' Inserted from the State Library copy. Legislative Records of the Council, xvi., 420. 



328 



Province Laws (jBeso/ves,ete.). — 1736. [Chaps. 151-153.] 



CHAPTER 151. 



Legislative 
Records of the 
Council, xvi., 
42-2. 

House Jour- 
nal, pp. 26, 115, 
116. 



ORDER GRANTING 400 ACRES OF LAND TO SAM^- GREEN. 

A PETITION of Samael Green of Kittery praying for Some Relief from 
this Court in consideration of a Wound lie Received in the Service of 
the Province Against the Indian Enemy whereby he is disabled from hard 
Labour & brought into low Circumstances 

Read & in Answer to this petition, 

Ordered that two hundred Acres of the Unappropriated Lands of the 
province within the County of York, Adjoining to Some Township be &, 
hereby is Granted to the pef his heirs and Assignes, Provided That he 
or they within three Years from the Confirmation build an house thereon 
of Eighteen feet Square and Seven feet Stud at the least and Settle a 
Family thereon plow Up and bring to English Grass fit for mowing Six 
Acres of Land, and that he Return a plat thereof to this Court within 
twelve Months for Confirmation Accordingly. \_Passed January 17. 



CHAPTER 152. 



ORDER WITH NOTICE REFERRING THE PETITION OF THE THIRD PARISH 
IN NEWBURY FOR A GRAMMAR SCHOOL. 



Legislative 
Records ol the 
Council, xvi., 
423. 

House Jour- 
nal, p. 116. 



A PETITION of Henry Rolfe & Charles pierce Esq" in behalf of the 
third parish in Newbury, Praying that they may be Impowred to tax 
themselves for the Support of a Gramner School and that they may 
be Exempt from the Charge of the Town School 

Read & 

Ordered that the pet" Serve the Town of Newbury with a Copy of 
this petition that they Shew Cause, if any they have, on the Second 
Tuesday of the next may Session, why the prayer thereof should not 
be Granted ; and the petition is accordingly Referred to that time for 
Consideration. [^Passed January 17. 



CHAPTER 158. 

ORDER IMPOWERING JON^ BUTTERFIELD TO SURVEY AND LAY OUT 
300 ACRES OF LAND. 



Legislative 
Records of the 
Council, xvi., 
42.3. 

House Jour- 
nal, pp. 38, 115. 



A PETITION of Jonathan Butterfield of Chelmsford, Setting forth his 
long Services in the Indian Wars and the Hardship he has thereby 
endured bj^ which he has Contracted a Weak & Sickly State of Body 
And therefore praying for a Grant of Province Land 

Read & in Answer to this petition. 

Ordered that the pef have leave by a Survey'" and Chain men [on] ' 
Oath to Survey and lay out three hundred Acres of the Unappropriated 
Lands of the province Adjoining to Some Township, and Return a plat 
thereof to this Court within twelve Months for Confirmation, to him his 
heirs & assignes forever ; provided he or they do within three Years from 
the Confirmation build a house thereon of Eighteen feet vSquare & Seven 
feet Stud Settle a family therein & bring to English Grass fit for mow- 
ing Six acres of Land. [^Passed January 17. 

' Inserted from the State Library copy, Legislative Records of the Council, xvi., 423. 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 329 



CHAPTEE 154. 

ORDER WITH NOTICE REFERRING THE PETITION OF THE FIRST PARISH 
OF NEWBURY FOR A GRAMMAR SCHOOL. 

A Petition of Henry Rolfe and Charles Peirce Esq" iu behalf of the Legislative 
first parish in the Town of Newbury praying that they may be Enabled coimcu xvi**^^ 
to keep a Grammer School in their precinct and Raise money on the 380,423.'' 
Inhabitants for the Support of it and may be Exempted from the Tax House Jour- 
Raised for the Support of the Town School fntf^v^'k^^' 

Read &, chap! 152." ' 

Ordered that the further Consideration of the petition be Referr'd to 
the Second Tuesday of the next May Session & that the pet" notify the 
Town of Newbury hereof in the meantime. \_Passed January 17. 



CHAPTER 155. 

ORDER WITH NOTICE REFERRING THE TEWKSBURY PETITION TO LAY 

A TAX ON LAND. 

A PETITION of Samuel Hunt and James Kitteridge a Com'*"" for the Legislative 
Town of Tewkesbury, praying that the said Town may be Impoured councif xvi*^^ 
to tax the Unimproved Lands of the Nonresident Proprietors lying iu 4-24. 
said Town, at Six pence per Acre for five Years for the building of House Jour- 
a meeting house & Settling & Supporting a Minister nai, p.9i. 

Read & 

Ordered that the pet" give publick Notice to the Nonresident Pro- 
prietors of the Unimproved Lands iu the Town of Tewkesbury of this 
petition, by putting Up Notifications in the said Town of Tewksbury 
as well as in Cambridge the Shire town of the County, where the Lands 
lye, that they Shew Cause if any they have on the first Tuesday of 
the next Sitting of the Court why the prayer thereof should not be 
Granted, and the petition is Referr'd to that time for further Consid- 
eration. \_Passed January 18. 



CHAPTER 156. 

ORDER GRANTING FURTHER TIME TO BENJAMIN BELLOWS AND OTHERS 
FOR PERFORMING THE CONDITIONS OF THE GRANT OF 450 ACRES OF 
LAND. 

A PETITION of Benjamin Bellows Hilkiah Boynton & Moses Willard Legislative 
Shewing that they have delayed (till now) laying out Four hundred & councif, xvi.,^ 
fifty Acres of Land Granted to them by this Court, to be laid out on the ^^scxivei^' 
New Road between Lunenburgh & Northfield, because it was thought ccxiiii., 38. 
Necessary that the said Road should be Altered, for which Reason also Mass. 
they have not as yet wholly complyed with the other Conditions of the 4^^'i/i^^|^ 
Grant but do now present a plat of the said Four hundred and Fifty House'jour. 
Acres of Land, praying for the Confirmation thereof and that they be ^nie,'^^U, 
Allowed One Year more for performing the Conditions upou which the •I'^'Jp- ^^l- 

G, ^ ° 1 Infra, chap, 

rant was made 157. 

Read and 

Ordered that the prayer of the petition be granted. \_Passed Jan- 
uary 18. 



330 



Province Laws {Resolves, etc.). — 1736, [Chaps. 157, 158.] 



CHAPTER 157 



ORDER CONFIRMING A PLAT OF 450 ACRES TO BENJ* BELLOWS AND 

OTHERS. 



Legislative 
Records of the 
Council, xvi., 
424. Maps aud 
Plans, Mis., 
xi., 5. 

Maps and 
Plans, Mis., 
xi., .5,6. 
House .Jour- 
nal, p. 116. 
Supra, chap. 
156. 



A Plat of Four hundred and Fifty Acres of Laud laid out by David 
Farrer Survey"^ and Cliaiu men on Oatli to Benjamin Bellows Moses 
Willard and Hilkiah Boynton to fulfill A Grant of this Court made in 
Noveuiber 1734, Bounded partly on the fifteenth & [)artly on the Six- 
teenth Mile of the Road between Lunenburg and Northfield ; Begiuing 
at a Hemlock Tree about ten Rods South of the Road ; from thence 
Ruuing West 20 Deg"" South by the Needle Two hundred & Eighty 
four Rods to a White pine tree Standing about forty or fifty Rods 
from a brook & Meadow, thence North 20 deg. West two hundred & 
Seventy Rods to a Chesnut tree thence Making a Right Angle &. run- 
ning two hundred & eighty four rods to a white Ash Tree ; thence mak- 
ing an other right Angle ,^ two hundred «fe Seventy Rods to the first 
Station. 

Read and 

Ordered That the plat be accepted and the Lands therein delineated 
& described be & hereby are confirmed to the said Benjamin Bellows 
Hilkiah Boynton and Moses Willard their Heirs & Assigns respectively 
for Ever in equal parts on Condition they build & finish the two re- 
maining Houses directed to in the Grant within the space of twelve 
Months, and effectually fuUfill & Comply with the other Conditions of 
the Grant to all Intents & purposes, provided the plat exceeds not the 
quantity of Four hundred and fifty Acres of Land, and does not inter- 
fere with any former Grant. \_Passed January 18. 



CHAPTER 158. 



ORDER ART THE TOWN GRANTED TO CAP' SYLVESTERS COMP-*. 



Legislative 
Records of the 
Council, xvi., 
425. 

House Jour- 
nal, pp. 117, 118. 
Ante, p. 145, 
chap. 45. 



Whereas a Grant of a Township of the Contents of Six Miles Square 
was made by this Court at their Session in June 1735 to the Officers & 
Soldiers in the Canada Expedition Under the Command of Cap' Joseph 
Sylvester and to the heirs legal Represent'' & descendants of such of 
them as are deceased. But for as much as a Sufficient Number of said 
Grantees do not appear to give Bonds for fulfilling the Conditions 
Agreeable to the directions of the said Grant 

Therefore 

Ordered that the Com''^'^ Appointed to Admit Settlers in said Town- 
ship be Impoured to Admit any Others that were Either officers & 
Soldiers in any other Company in the said Canada P^xpedition, or the 
heirs Legal Represenf* or Descendants of any of them who are Since 
deceased, who have not been Admitted Grantees into other Towns; 
So as to make the Number of Sixty Settlers in all ; and that Upon 
their giving Bond as aforesaid, they each of them be entitled to a 
Sixty third part of said Township, provided they perform the Condi- 
tions of said Grant, Unless a Sufficient Number of the said Company 
so as to make up in the whole of the said Officers and Soldiers or of 
the heirs legal Represent* or Descendants of such of them as are since 



I The words "& running two hundred . . . Angle," are inserted from the State Library 
copy, Legislative Records of the Council, xvi., 424. 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 331 

deced Appear to make their Claim to said Grant before the Com""' Ap- 
pointed to admit Grantees at or before the Eighteenth day of March 
next and that the said Com'"'' give publick Notice Seasonably of this 
Order. [^Passed January 18. 



CHAPTER 159. 

ORDER ACCEPTING THE COMMITTEES REPORT AND CONFIRMING A PLAT 
OF FOUR TOWNS ON THE ROAD FROM SHEFFIELD TO WESTFIELD. 



We the Subscrib*® being the Major Part of the Coinittee of the Legislative 
reat & Geu^ Court of this Province according to an Order pass'^ at coum^i^xii!^^ 
their Session held at Boston Nov"^ 19"' 1735. have Surveyed & Laid 374,375.' Mass. 



out the Lands on both Sides the Road to Housatanock into Four ccxiiii.,74. 
Townships, of the Contents of Six miles Square Each. And have pj^ns^Mt 
Laid them Adjoyning to Sheffeild & Each to other and as near the xi., 1.' 
s*^ Road as the Land would allow All which is represented & fully Maps and 
Set forth in the Plan hereunto annexed which was drawn & finished ^'^\^' House 
by the Survey" Subscribing the Same who with the Chaiumen were Journal, pp. u, 
all duly Sworn before A Justice of the Peace And the Com'™ have p.'2^32',chap." *' 
agreed to notify the Petif** in ord"" to their Giving Bonds to fulfill 240. 
the Conditions of the Grant according to the Direction of the Hon*''* 
Court 

All which is humbly Submitted by Y"^ Excell''^' & Honours most Duti- 
f nil & obedient Servants 

Edm° Quincy John Fisher 

Octo"" 8"" 1736. John Alden Stephen Skeff 

Read and 

Ordered That this Report be Accepted. 

A plat of four Townships laid out by "William Chandler & John 
Ashley Survey''^ between Sheffield & Westfield as Referr'd to in the 
Report of the Committee above mentioned 

Read and 

Ordered that the within plat be Accepted, Saving and providing that 
the west Bounds of the township Number One is hereby declared to be 
the East bounds of the Upper township of Houssatonnoc and to begin 
at a White Oak tree being the reputed North East Corner of Sheffield, 
and from thence to run North 40'' East, and that Joseph Wilder and 
John Chandler Esq" be a Committee to lay out to the said township 
Number One a full Equivalent as to Quantity and Quality, as near as 
may be out of the province Lands adjoining to Said township Number 
one for so much as is taken therefrom by the said upper Housatonnoc 
township according to the plat thereof Accepted & Approved and the 
report of the Committee for Considering the within plat as Entred above 
And the Lands therein respectively delineated and described in the said 
FOUR town Ships Excepting as before Excepted be and hereby is Confirmed 
to the petitioners orGrantees to be admitted by a Committee of this Court 
for that purpose Appointed and Authorized in January last their Heirs 
and Assigns in Answer to the several petitions on which the Grants of 
the said townships were made provided the said petitioners or Grantees 
respectively & effectually Comply with & perform the Conditions of the 
said Grants to all Intents and purposes whatsoever, provided also the 
plat Contains no more then what the survey expresses as to the contents 
of each of said townships, and does not interfere with any former Grant ; 
and saving to the pi'oprietors of the Lands particularly mentioned by the 



332 



Province Laws (^Resolves, etc.). — 1736. [Chaps. 160, 161.] 



surveyors in any of the said townsliips what has heretofore been granted 
and confirmed to them and saving also to the proprietors of upper Hou- 
satonuoc as is above saved and provided. \_Passed January 19.^ 



CHAPTER 160. 



ORDER CONFIRMING A PLAT OF A TOWNSHIP GRANTED TO CAP^ 
EPHRAIM HUNTS COMP^ 



Legislative 
Records of the 
Council, xvi., 
425. Maps and 
Plans, Mis., 
X., 28. 

Maps and 

Plans, Mis., 
X., 28 bis. 
House Jour- 
nal, p. 119. 
Province 
Laws, iv., 864, 
note. Ante, 
p. 181, chap. 
132. 



A PLAT of the Township Granted to the Company Under the Com- 
mand of Cap' Ephraim Hunt laid out by Nath^ Kellog Survey"" & Chain- 
men on Oath bounded East on Dearfield West bounds on all other sides 
on province Lauds, Begining at a Stake &, Stones in Deerfield Westline ; 
thence Runing North 22 deg East Two Thousand two hundred & forty 
perch to Deerfield River thence ; West 17 Deg. North Seventeen hun- 
dred and Thirty perch then South 32 deg : West Twenty one hundred 
& thirty perch then East 22 deg : South Seventeen hundred perch to 
the first Station 

Read and 

Ordered that the plat be Accepted and the Lands therein delineated 
and described be and hereby are confirmed to the offlcei's & soldiers of 
the Company in the Canada Expedition Anno 1690 under the Command 
of the late Captain Ephraim Hunt deceased, and to the Heirs, legal Rep- 
resentatives and Descendants of such of them as are Since deceased and 
to their Heirs & assigns respectively for Ever, they fulfilling and per- 
forming the Conditions of the Grant, provided the plat exceeds not the 
quantity of Six Miles square of Land, and does not interfere with any 
former Grant. \_Passed January 19. 



CHAP TEE 161. 

VOTE FOR BUILDING A MEETING HOUSE & SCHOOL HOUSE FOR THE 
HOUSATANOCK INDIANS, AND AN ORDER ABOUT JACOB LANSINGS 
CLAIM. 



Legislative 
Records of the 
Council, xvi., 
436. 

Legislative 
Records of the 
Council, xvi., 
370. House 
Journal, pp. 5, 
110, 111. 
Ante, p. 245, 
chap. 272. 



In Answer to that part of his Excelleucys Speech Relating to the 
Housatanock Indians &c 

Voted That the Hon''^<= John Stoddard Esq^ the Rev*^ M"- John Ser- 
geant, the Minister, & M"" Timothy Woodbridge, the Schoolmaster of 
said Housatanock Indians be and hereby are Impowred and fully Au- 
thorized to build & finish a Meeting house & School house for the use 
of the Housatanock Tribe of Indians, the Meeting house to be forty 
feet long, and thirty feet wide, the School house to be Eighteen feet 
Square, and be Raised and finished in Some Convenient place in said 
Indian Township ; And Whereas M' Jacob Lansing lays Claim to a 
parcell of Land within the bounds of the Indian Town of Housa- 
tanock, which Land before the laying out of Said Town was pro- 
posed to be given him in Satisfaction of a debt due as he says from 
Suncooks Eldest son, latly deceased, the owner thereof, the Satisfac- 
tion of which debt by allowing the said Lansings Claim will Lessen 
the said Indian Town Therefore 



1 There seems to be a discrepancy in regard to the date of this record; the date of the 
Governor's consent is taken in this instance. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1736. 333 

Ordered that the Com"''' be & hereby are Impowred to Examine into 
the said Affair, and Agree with the said Lansing, to make him Satis- 
faction for his Debt either in money or in land Adjoining to the Indian 
Town, as to the Com'*"'' Shall Seem Most Convenient ; And that the Com- 
mittee in the best Manner they can give publick Notice that tlie Govern- 
ment will not Allow of persons pnrchasing any of the said Indian land 
whatsoever with out leave lirst had therefor from the General Court ; The 
Charge of building and finishing the Meeting house & School house with 
the Allowance of Thirty pounds to the said Indians which they say has 
not been paid them as it ought to have been on account of their Sale of 
some lands in Sheffield & that the said Com'™** time & Charge herein be 
Granted & allowed to be paid out of the publick Treasury as soon as 
there shall be a Supply & the Thirty pounds, Ordered to be paid the 
Indians be Repaid by the Proprietors of the Town of Sheffield into the 
publick Treasury. \_Passed January 19. 



CHAPTER 162. 

ORDER FOR ADJOURNING THE MIDDLESEX COUNTY SUPERIOR COURT. 

Whereas the Sup"" Court of Judicature Court of Assize & General R|fordfof th 
Goal delivery is by Law to be held & kept at Charlestown, in the council, xvi.. 

County of Middlesex in & for said County, on Tuesday the twenty ^ 

fifth Instant And Whereas the Justices of that Court & many others ^""^j'^'/^Y"' 
who may be concerned are Members of the Great and General Court Province '_ 
or Assembly now Sitting and which may probably continue Sitting to cifap!3!'' ^'^' 
the said Tuesday and Afterwards ; Therefore 

Voted that the said Superiour Court of Judicature, Court of Assize 
and General Goal Delivery be adjourned to Tuesday the first of March 
next at ten of the Clock in the Forenoon, and to the said Time the said 
Court is Accordingly Adjourned ; of which all persons concerned are 
Required to take Notice ; And the Sheriff of the said County is directed 
forthwith to post up Copys of this Order in Some places in the Town 
of Charlestown and in Such other Towns as he shall Judge Most likly 
to Give Speedy Information thro the said County. [^Passed January 19. 



CHAPTER 163. 

ORDER IMPOWERING JOS. LORING GUARDIAN TO SELL LANDS. 

A PETITION of Joseph Loring of Lexington, Guardian of Hannah r®^^^^^*^^J?., 
Danforth, Praying for Liberty to Sell about twelve Acres of Land council, xvi., 

left her by her Grandmother Poulter, lying in Several parcells in said '^ 

Town and being of little benefit to her as it lyes and much Incumbred House Jovji- 

•4-u T>i 1 i. nal,pp.l02,103. 

With Debt Province 

Rend <fe Laws, ii., 151, 

^^'''*' <^ chap. 10. 

Ordered that the prayer of the petition be- Granted, and that the 
said Joseph Loring Guardian to the said Hannah Danforth the Minor 
be & hereby is Impowred to make Sale of the Minors Lands in Lex- 
ington within mentioned, for the Most the Same will fetch; & in pro- 
ceeding hei-ein to Observe the Rules & directions of the Act of the 
Sixth Year of the Reign of his late Majesty King George Chap 3*^ 
Relating to the Sale of Real Estates, & to pass & Execute in due 



334 



Province Laws (^Resolves, etc.). — 1736. [Chaps. 164, 165.] 



form of Law a Good deed or deeds of Sale & Conveyance thereof, & 
out of the proceeds to discharge the Incumbrauce of Debt thereon ; 
provided the pef give Sutlicient Caution to the Judge of Probate &c 
for the County of Middlesex for the proceeds of the Sale, after the 
said Debts are paid & discharged & that the full Residue thereof shall 
be let out at Interest on Good Security & used and Employed for the 
use & benefit of the said Minor, or so much thereof as her Occasions 
shall call for & Require ; The principal to be paid her with Interest 
thereof if any be at the time of her Arrival at lawfuU Age or Mar- 
riage. \_Passed January 20. 



CHAPTER 164. 

ORDER ADJOURNING THE WORCESTER HAMPSHIRE AND ESSEX COUNTY 

COURTS. 



Legislative 
Eecords of the 
Council, xvi., 

4-28. 

House Jour- 
nal, p. 123. 
Province 
Laws, ii., 585, 
chap. 8. 
Ante, p. 307, 
chap. 106; 
p. 317, chap. 
128. 



Whereas the Court of General Sessions of the peace & Infei'iour 
Court of Common pleas in the County of AVorcester is to be held at 
Worcester the first Tuesday of February next, and the General Ses- 
sions of the peace and Inferiour Court of Common pleas for the 
Couuty of Hampshire Stands Adjourned to the said First Tuesday 
in February next. And the General Sessions of the peace and Infe- 
riour Court of Common pleas for the County of Essex stands Ad- 
journed to the said first Tuesday of February next, and it being 
pi'obable that this Court may be then Sitting, And many of the 
Members of the General Court being also Members of the Respec- 
tive Courts aforesaid ; 

Ordered that the said Courts of Worcester Hampshire & Essex be & 
hereby are Adjourned to the third Tuesday in February next then to 
be held and kept at Worcester for the County of Worcester at North- 
hampton for the County of Hampshire & at Salem for the County of 
Essex And all persons concerned are directed to Conform hereunto 
And that the Sheriffs of the said Several Countys Notify their Countys 
thereof Accordingly. \_Passed January 21. 



CHAPTER 105. 



Legislative 
Records of the 
Council, xvi., 
429. Mass. 
Archives, 
cxiv., 608. 

Mass. 
Archives, 
cxiv., .597-608. 
Legislative 
Records of the 
Council, xiv., 
348. Jnte, 
p. 55, chap. 
111. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON A LIST OF 
THE SOLDIERS AT "FALLS FIGHT." 

William Dudley Esq^ from the Com''''' of both Houses for that 
Affair, Reported a List of the Officers and Soldiers or their Descend- 
ants who were in the Falls Fight and Entitled to a Right in the Town- 
ship Granted to them by this Court 

Read and 

Ordered that this Report be Accepted.^ \^Passed January 21. 

1 Not found in the House Journal. 



[2d Sess.] Province Laws (Hesolves, etc.). — 1736. 335 



CHAPTER 166. 

TOTE IMPOWERING JOHN WELD & OTHERS TO SURVEY AND LAY OUT 
1,206 ACRES OF LAND. 

A PETITION of John Weld & others, Descendants of Divers of the Legislative 
Proprief' of that part of the Four thousand Acres of land Granted to councif, xvi.,^ 

the Town of Roxbury which is not yet taken up, Praying that they 429^ 

may have Liberty to lay out their part of the Remainder which is 1,206 House Jour- 
Acres in one intire peice to be Confirmed by this Court ^nie^,\).m. 

Read & the Pet" with a Com'"'' of the Town of Roxbury with their chap. 216. 
Memorial Against the prayer of the petition & ascertaining the Right 
of the Town to the within Grant being Admitted into the House were 
fully heard in their pleas & allegations thereon & withdrew and the 
same Maturely Considered ; The Question was put, whether the prayer 
of the petition should be Granted? And in Answer thereto. 

Voted that the pef" be & hereby are Allowed & Impowered by a 
Survey"" & two Chain men on Oath to Survey & lay out twelve hun- 
dred & Six Acres of the Unappropriated Land of the Province in one 
Intire peice & adjoining to Some former Grant & Return a plat thereof 
to this Court within twelve Months for Confirmation. [_Passed Jan- 
uary 21. 



CHAPTER 167. 

ORDER IMPOWERING ELK-^ LEONARD ESQ" TO SURVEY AND LAY OUT 
100 ACRES OF LAND. 

A PETITION of Elkanah Leonard Esq"" Setting forth his Services for Legislative 
the Province in the prosecution of divers persons belonging to the Gov- councif.xvi.,^ 

ernment of Rhode Island for Divers Acts of Violence by them Committed 43(k ^ 

on the Gore of Land in Controversy between the two Governments and House Jour- 
praying for a Grant of Province Land in Satisfaction of his said Services province"' 
Read & in Answer to this petition, Jhap^ 59''' ^'*' 

Ordered That One hundred Acres of the Unappropriated Lands of 
the province Adjoining to some Grant or Township be and hereby is 
Granted to the pet" his heirs and assignes forever. And that he be 
Allowed by a Survey' and Chainmen on Oath to Survey and lay out 
the Same and that he Return a plat thereof to this Court within twelve 
Months for Confirmation Accordingly. ^Passed January 24. 



CHAPTER 168. 

ORDER IMPOWERING JN" TUTHILL TO SURVEY AND LAY OUT 20Q 

ACRES OF LAND. 

A PETITION of John Tuthill of New Sherburn praying for a Grant of ^^f^^ds M^the 
Province Land in Consideration of his Good Services in the County in council, xvi., 
the late Wars. ^^ . 

Read & naTpp^aM26. 

Ordered that the pef be Iinpowred by a Surveyor & Chainmen on 
Oath to lay out two hundred Acres of the Unappropriated Lands lying 
between New Sherburn & oxford Sutton & the Colony line & Return 



336 



Province Laws {Resolves, etc.). — 1736. [Chaps. 169, 170.] 



a plat thereof to this Coiu't within Twelve Months for Confirmation to 
him his heirs & assignes forever, Provided he or they do within five 
Years from the Confirmation break up, bring to & fit for plowing or 
Mowing five Acres of the Granted premisses & well Inclose the same 
and also within the said Term have a Good Dwelling house on the prem- 
isses of Eighteen feet Square and Seven feet Stud at the least and have 
a Family Actually Inhabiting the same. [^Passed January 24. 



CHAPTER 169. 



ORDER IMPOWERING THE PROPR^^ OF NATICK TO SELL LAND. 



Legislative 
Records of the 
Council, xvi., 
431. 

House Jour- 
nal, pp. 24, 12.1. 
Province 
Laws, ii., 151, 
chap. 10. 



A PETITION of the proprietors of Natick, praying for Liberty from 
this Court to sell some of their Lands that lye in Common to the 
Value of one hundred & fifty pounds, the produce thereof to be Ap- 
plied for the better Encouragment of a school amongst them 

Read & 

Ordered That the prayer of the petition be Granted, and the Indian 
Proprietors of the Common lands in Natick are hereby Allowed and 
Impowred to make Sale of One hundred & fifty pounds value of their 
said Lands for the use aforesaid ; And in proceeding in the Sale the 
Proprietors are directed to Observe the Rules and method prescribed 
in the Act of this province of the Sixth Year of his late Majesty King 
George Chap 3*^ Relating to the Sale of Real Estates ; and they are also 
hereby Impowred to pass & Execute in due form of Law a Good Deed 
or Deeds of Sale and Conveyance to such person or persons as will give 
most for the said Lands, to the value aforesaid ; And Francis Fulham 
Esq"^ with the Rev*^ M' Peabody are hereby desired and Impowred to be 
aiding and Assisting to the said Indian Proprietors in the Sale, And to 
see that Justice be done them therein, and they are hereby also directed 
on the Receipt of the said Sum of One hundred and fifty pounds, to pay 
the same to the Hon'''® Adam Winthrop Esq"" Treasurer to the Society 
for Indian Affairs, who is also hereby Impowred to let the same out at 
Interest on good Security ; The Bonds to be made payable to the said 
Treasurer and his Successors in the said Office which Interest is to be 
paid Annually to such person Yearly to keep School in Natick Untill this 
Court shall take further Order in the premisses. \_Passed January 24. 



Legislative 
Records of the 
Council, xvi., 
431. Mass. 
Ai'chives, 
cxix., 334. 

House .Jour- 
nal, p. 123. 



CHAPTER 170. 

VOTE FOR REMOVING THE BLOCK HOUSE AT NORTHFIELD, TO A PLACE 
ABOVE THE TWO NEW UPPER TOWNS ON THE CONNECTICUT RIVER, 
AND ERECTING A NEW TRUCK HOUSE NEAR THE BLACK RIVER, AND 
FURTHER LAYING OUT 2,000 ACRES OF LAND FOR THE USE THEREOF. 

Voted that when and so soon as there shall be twenty Familys settled 
in the Two upper Towns lately laid out on Connecticut River and a Corn 
Mill and Saw Mill in the said Towns or Either of them built and Finished 
and fitted for Service a New Truck house shall be built above the Town 
on the West Side of the River and Well finished by a Committee of this 
Court then to be appointed for the Security and Safe keeping of the 
Publick Stores for the Indian Truck Trade which shall be removed from 
the Truck House above Northfield accordingly and Two thousand Acres 
of the unappropriated Lands of the Province Viz' one thousand Acres 



[2d Sess.] Province Laws {Resolves, etc.). — 173G. 337 

on each Side the Great River be and hereby is Seperated and appro- 
priated for Such Publick Uses and Occasions as this Court shall think 
Proper to Order and appoint and for no other use or Account whatso- 
ever and Cap' Joseph Kellogg is hereby desired and impowered to lay 
out the said Lands in some Covenient Places as the Scituation and Cir- 
cumstances thereof may admitt and y' he Return an Account of his doings 
herein as soon as he Can Conveniently. \_Passed January 25. 



CHAPTER 171. 

ORDER IMPOWERING THOs FELIX TO SELL LAND. 

A PETITION of Thomas Felix of Middleboro Indian praying for Lib- Legislative 
erty to Sell a peice of Land of between twenty & thirty Acres, lying couucif, xvi.,^ 

at assawamsett which is so Encompass'd with Other mens lands that ^ 

it is of little or no benefit to him the produce thereof to be Applied for House Jour- 
his Relief & Settlement in Some other place Province' 

Read & in Answer to this petition cifap^ lo '' ^^^' 

Ordered that the prayer of the petition be Granted & that the pef 
be & hereby is allowed & Impowred to make Sale of the B^arm at 
Assawampset Neck for the most the same will fetch, and to pass and 
Execute a Good Deed or deeds of Sale and Conveyance in the Law 
thereof, And in proceeding therein to Observe the Rules & directions 
of the Law of this province of the Sixth Year of his late Majesty. King 
George Chap. 3*^ Relating to the Sale of Real Estates ; And M'' Oxen- 
bridge Thatcher is hereby desired & Impowred to be Aiding and As- 
sisting to the pef and See he has Justice done him in the Sale of the 
premisses, and that he take Effectual Care to Invest the produce of the 
Sale thereof in other Real Estate lying in the Indian plantation of Teti- 
cut, & that the same be purchased as Reasonable as may be and paid 
for out of the proceeds of the Sale aforesaid. Necessary Charges therein 
being first Deducted ; That the said M"' Thatcher see the pef has a Good 
deed of the Lands in Teticut and well Executed to the pef in due form 
of Law in all Respects and that he Report his doings herein to this Court 
as soon as may be. [^Passed January 25. 



CHAPTER 172. 

ORDER IMPOWERING JABEZ OMSTEAD TO SURVEY AND LAY OUT 200 

ACRES OF LAND. 

A PETITION of Jabez Omstead of Ware River praying for a Grant of Legislative 
Province Land in consideration of his good Services in the late Wars council^ xvi.^^ 

Against the French and Indians and the Wounds he has Received with ^^ 

the Expence he has been at for the Cure of them House Jour. 

Read & in Answer to this petition, na_i,i.p.9V,98, 

Ordered That two hundred Acres of the Unappropriated Lands of 
the pi-ovince be & hereby is given and granted to the pef his heirs 
and assignes forever; and that he be allowed and Impoured by a 
Surveyor and Chain men on Oath, to Survey and lay out the Same 
and tp Return a plat thereof to this Court within twelve Months for 
Confirmation ; provided the pef his heirs or assignes on the above 
Granted premisses build a House of Eighteen feet Square at the least 



338 



Province Laws (i?e«o/ves,e^c.), — 1736. [Chaps. 173-175.] 



and Seven feet Stud, break up or bring to English Grass five acres 
of tlie Land hereby Granted and fence in the Same within three Years 
from this day & have a family thereon Residing. \_Passed January 26. 



Legislative 
Records of the 
Council, xvi., 
434. 

House Jour- 
nal, pp. 97, 128. 



CHAPTER 173. 

ORDER IMPOWERING ISAAC BRADLEY TO SURVEY AND LAY OUT 200 

ACRES OF LAND. 

A PETITION of Isaac Bradley of Haverhill praying for a Grant of 
province Land in Consideration of his Services and Sufferings in the 
late Wars with the Indian Enemy • 

Read & 

Ordered that two hundred Acres of the Unappropriated Lands of 
the province Adjoining to Some Township be and hereby are given 
and Granted to the pef Isaac Bradley his heirs & assignes provided 
the pef do within three Years from the Confirmation build and finish 
a House thereon of Eighteen feet Square and Seven feet Stud at the 
least, and have a family Actually dwelling therein and Plow up bring 
to & fit for mowing & Tilling Six Acres thereof & that he Survey & 
lay out by a Survey"" & Chain men on Oath & Return a plat thereof 
to this Court within twelve Months for Confirmation. \_Passed Jan- 
uary 26. 



CHAPTER 174. 



Legislative 
Records of the 
Council, xvi., 
435. 

Mass. 
Archives, 
cxiv., 127. 
House Jour- 
nal, p. 126. 
Province 
Laws, xi., 771, 
chap. 159. 



ORDER IMPOWERING PROPRIETORS OF NARAGANSETT TOWN N" 6 TO 
SURVEY AND LAY OUT 400 ACRES OF EQUIVALENT LAND. 

A PETITION of Benjamin Prescot Esq"" & others a Committee for the 
Proprietors of the Narragansett Township Number Six, praying for an 
Equivalent of Land for One Thousand Acres of Land Short of their due 
Quantity which has happened in part by Ruiiing the Lines of the Nar- 
ragansett Township Number two ; 

Read & in Answer to this petition, 

Ordered that four hundred Acres of the Province Lands, lying on 
the Northerly Side of the said Narragansett Township Number Six, 
be and hereby is Granted to the proprietors of the said Township, as 
an Equivalent for what was taken from them, as within Mentioned; 
And that the pet" be Allowed & Impowred to Return a plat thereof 
by a Surveyor & Chainmen on Oath to this Court, within twelve 
Mouths for Confirmation. [^Passed January 26. 



CHAPTER 175. 



Legislative 
Records of the 
Council, xvi., 
435. 

House Jour- 
nal, pp. 128, 129. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING MARY BETHUNE AS ADMINISTRATOR TO SELL 

AN ESTATE. 

A PETITION of M" Mary Bethune Admin'' of the Estate of George 
Bethune Esq"" deceased, praying for Liberty to sell a Warehouse and 
part of a Wharff in Marblehead, belonging to the said Estate they 
being in a Ruinous Condition 

Read & 

Ordered That the prayer of the petition be so far Granted, as that 



[2d Sess.] Province Laws (Besolves, etc.). — 1736. 339 

the pef Upon her giving Bond with Sufficient Suretys to the Judge of 
Prol)ate for the County of Suffolk, for disposing the produce thereof 
as hereafter mentioned, & upon observing the Rules & directions pro- 
vided by an Act made in the Sixth Year of King George the first Chap 
3'' be & hereby is Impowre d, in her Capacity of Admin'' to make Sale 
of the Real Estate of the Deced mentioned in the petition, and to Ex- ' 
ecute in due form of Law a Deed thereof, to such person or persons as 
will give most for the same ; and that such Deed make a good Title to 
the purchaser or purchasers, his or their heirs and Assignes forever ; 
The produce of said Real Estate to be disposed of as follows, viz' The 
Improvement or Income of One third part thereof to the pef for the 
Term of her Natural life. Provided she gives Bond to the said Judge, 
with Sufficient Suretys, that her E^xecutors or adminors at her decease 
shall pay back the principal Sum to the Children' of the said deceased, 
or their Legal Represent^ and the Remainder to and Among the said 
Deceaseds Children, viz' Such of them as are of Age Upon the Receipt 
thereof. And the portion of such of them as are Minors into the hands 
of such Guardian or Guardians as the aforesaid Judge shall Appoint 
for them, and by them to be put out at Interest for their benefit during 
their Minorit}' ; and the principal to be paid them as they Respectivly 
Arrive to Age or are Married and the Widows third part at the Expira- 
tion of her Term to be divided To and Among the said Children, or such 
as shall Legally Represent them. Agreeable to the Law of this province 
for the Distribution of the Estates of Intestates and the Defence of the 
aforesaid Judge pursuant thereunto. [^Passed January 26. 



CHAPTER 176. 

VOTE APPOINTING A COMMITTEE TO INQUIRE INTO THE EMISSION OF 

BILLS OF CREDIT. 

In Council Whereas from and Since the Year 1702 the Charge of li®^^®'?**^fti^ 
the Government has been defra^'ed Chiefly by Emissions of Bills of council, xvi., 

publick Credit, besides which there have been large Emissions by way *'^^: 

of Loans to the Several Towns in the province, or to particular per- ^*i^®® "'^'iV^ioo 
sons, for Calling in and discharging of which Emissions Sundry Funds . • > -• 
have been laid and Taxes made ; an Exact State of which Emissions 
and Several Sums paid in and discharged, whether by Taxes or as 
principal or Interest for the Several Loans, seems very Necessary to 
be laid before this Court wherefore 

Voted That William Dudley Jacob Wendell Anthony Stoddard & 
Samuel Welles Esq" with such as shall be Joined by the Hon'^''^ House 
of Represenf* be a Com'"* in the Recess of the Court to take this Affair 
into Consideration, and they are directed to make Strict Inquiry into 
all Emissions of Bills of publick Credit b}^ this province Since Anno 
1702, and of all Bills of Credit put into the Treasurers Hands, and of 
atl sums paid in and the Circumstances of all Sums Outstanding ; and 
that they may do this Work Effectually, the}'^ are directed and Im- 
powred to Search any or all the General Courts Books and Files and 
also all the Books and papers of the late province Treasurer as they 
shall find Needf uU ; and they are directed to lay a Report of their 
doings herein before the Great and General Court at their Sessions 
in May next any three of the Committee to be a Quorum 

In the House of Represent" Read & Concurr'd and m' Speaker, Elisha 
Cooke, and William Brattle t^sq"^ M"" Thomas Cushing & Joshua Cheevers* 
Esq" are Joined in the Affair. [^Passed January 28. 

1 The House Journal, p. 132, reads, " Ezekiel C/ieever." 



340 



Province Laws {Resolves, etc.). — 1736. [Chaps. 177, 178.] 



CHAPTER 177. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE, IN REGARD TO 
SETTING OFF ESTATES FROM CHARLESTOWN TO THE NORTH WEST 
PRECINCT IN CAMBRIDGE. 

The Committee Appointed Upon the petition of the North West pre- 
cinct in Cambridge, and Sundry Inhabitants of the Town of Charles- 
town Met at said precinct (the pet'' and others being present) Viewed 
the Land heard the partys and Considered their Circumstances & Report 
as follows viz' That the Lands and persons in the following boundarys. 



Legislative 
Records of the 
Couucil, xvi., 

m^ 

House Jour- 
nal, pp. 34, 88, 
135, 136. Ante, 

p. 301, chap. 90. Exclusive of Henry Gardner Joseph Hartwell, Daniel Reed jun'^ and 
Samuel Hutchinson and their Lands be set off to be part of the North 
West precinct in Cambridge to do duty with them, in Supporting the 
publick Worship, and Enjoying the priviledges of the Same viz' begin- 
iug at the Westerly Side of menotamy River in Charlestown line, Ruh- 
ing to Mistick River, thence on the Southerly and Westerly Side of 
Mistick River & Pond, untill it conies to the South Corner of Symms 
Farm ; And further that Joseph Russell and his land on the East side 
of Menotimy River, who has been at Equal Charge with his Neighbours 
in the precinct in building the meeting house be Added to them : all 
which is humbly Submitted 

In the name and by Order of the Committee John Jeffries 

Read & 

Ordered that this Report be Accepted. [^Passed January 28. 



CHAPTER 178 



Legislative 
Records of the 
Couucil, xvi., 
439. Mass. 
Archives, 
cxiv., 216. 

Mass. 
Archives, 
cxiv., 217. 
House Jour- 
nal, pp. 1.36, 137. 
Ante, p. 309, 
chap. 110. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION 
OF CONSTANT SOUTHWORTH AND OTHERS TO BE ERECTED INTO A 
PRECINCT. * 

The Committee Appointed on the petition of Constant Southworth 
& others of the North part of the West precinct in Bridgwater, having 
Repair'd to the Lands petitioned for to be Erected into a Township, 
The Towns of Bridgewater and Stoughton being Notified thereof, and 
having Carefully viewed the Situations and Circumstances of the peti- 
tioners, and the Lands petitioned for, as well as the South part of the 
said West precinct, and having heard all partys therein concerned, with 
their pleas and Allegations for and Against the prayer of the said peti- 
tion, and fully considered the same, do Report thereon as follows viz' 

That all the pef^ with their Estates lying within the Lands petitioned 
for, and to the Northward of the four Mile line, so Called, be freed and 
Exein])tfrom all ministerial Charge or Tax in Bridgwater or Stoughton, 
& that such of the pet" as live to the Northward of an East and West 
line, half a mile to the Northward of Jonathan Packards Corner, ancl 
all such as may Settle to the North ward of said line, be Exempted and 
freed from all poll Taxes for & towards the Support of the Minister, or 
def reying any Ministerial Charge in the first or third precincts in Bridg- 
water, for and during the Space or Term of five Years from the first day 
of March next, and that at the Expiration of the said Term of five Years, 
all the aforesaid pet" with the Lauds petitioned for, half a Mile to the 
Northward of an East & west line, from the White oak tree at the north- 
west Corner of Jonathan Packards land be sett of and Constituted a des- 
tinct & Separate Precinct, or parish and be then Invested with the powers 



[2d Sess.] Province Laws {Resolves^ etc.). — 1736. 34:1 

Priviledges & Iinraunitys, that a precinct or parish are vested with All 
which is humbly Submitted. 

Boston Jan. 27. 1736 In the name & by Order of the Com''"' 

Tho** Berry 
Read & 
Ordered that this Report be Accepted. \_Passed January 29. 



CHAPTER 179. 

RESOLVE. THAT THE ACCOMPT OF SHUBAL GOREHAM ESQ" SHERIFF, 
SHOULD BE PAID BY THE COUNTY OF BARNSTABLE. 

A Memorial of Shubal Goreham Esq'' Sheriff of the County of Barn- Legislative 
stable praying that this Court would give Orders for the payment of the Records of the 
Charge of the Imprisonment of One John Whampum & his Trial for 443. 
Murther, he being Acquitted and having no Estate and the Court of House Jour- 
Sessions Refusing to pay the said Charge "**'» p- i**^- 

Read & 

Resolved that the Charge above mentioned ought to be Defreyed 
by the County of Barnstable, The Accompt thereof to be Examined 
& allowed by the Court of General Sessions of the peace for said 
County. [_Passed February 1 . 



CHAPTER 180. 

VOTE SUBSTITUTING COL. ALDEN FOR MR THACHER ON THE COM- Legislative 

MITTEE ON THE AFFAIR OF THOMAS FELIX, INDIAN. Records of the 

Council, xvi., 
443. 

Ordered that CoP Alden be of the Com*'''' on the petition of Thomas House Jour — 
Felix Indian Man of Middlebro, in the Room of M"^ Thatcher who nai, p. i43._ 
desires to be Execused from that Service. [Passed February 2. chap, lii^'' 



CHAPTER 181. 

ORDER FOR ASSEMBLING THE GRANTEES OF GOREHAMS TOWN. 

Voted That Shubal Goreham Esq'' be Impoured and directed to As- Legislative 
semble the Grantees of the Township^ Granted to the Soldiers under councif xvi^^ 
the Command of Cap' John Goreham in the Canada Expedition in 443. 
1690, in such place and at such time as he shall think fit, then to House Jour- 
Chuse a Moderator & proprietors Clerk to Agree Upon Rules Methods °'],y'/;/^25 
and Orders for the Division and Disposal of the said Propriety in the chap'. 146. 
Most proper Methods for the Speedy fulfillment of the Conditions of 
their Grant and Agree Upon Methods for Calling future Meetings. 
[Passed February 2. 

» This township became Dunbarton, New Hampshire. 



342 Peovince Laws (i?eso^ve«,ete.). — 1736. [Chaps. 182, 183.] 



CHAPTEK 182. 

ORDER FOR SETTING OFF THE NEW TOWNS TO THE COUNTIES OF 
HAMPSHIRE, MIDDLESEX & WORCESTER. 

Legislative Whereas Several Townships heretofore Granted are now Settling 

Council^ xvi.!^ and many Inhabitants are Actually got on Ashewelot River, and on 

^ a Township Granted to Josiah Willard Esq'' and others, lying on or 

House Jour^ ^ear Connecticutt River, and also other people are Settled on Several 
Piovince ' ' Towuships on or near Merrimack River, which have not as yet been 
chau*'229''7i4' ^^^^ ^^ '^^ declared in what County they lye ; And it being Necessary 
chap. 6^ 726, ' that those people know in what County they be, in Order to have their 
chap! 160. ""' Title Recorded, the Kings peace preserved, and Common Justice done 
-4«<«.,p-i9. them as other his Majestys Subjects within this Province wherefore 
p.^asstchap. ' Voted that the said Township Granted to Josiah Willard Commonly 

chap.'-ill^,' Called Arlington, the two Townships on Ashawelet River, the Town- 
p^ 247, chap. ship Granted to Sylvester and Company, the Several Townships to 
cha'p!*29i;' the Westward of Connecticutt River, the four Towuships on the East 
36^39' *^3^'289' ^^^^ ^"^ Adjoiuiug to Counectlcutt River, and also Number three four, 
ch'ap.'66; p.sbs. Eight and Nine, in the line of Towns, and the Lands lying and being 
chapiioif'"^'^^' within the Same shall and hereby are declared to ly within and be Ac- 
p. 306, chap. counted part of the County of Hampshire and that the Several Towu- 
cha'p^'ios;' ships foUowiug the Narragansett Towns Called Number three & five the 
i25^-^"p^325^' Canada Towns, Granted to Cap' King & Comp" The Township Granted 
chap. 146. ' to Cap' Rayment & Comp* The Township Granted to the late Cap' Wil- 
liam Tyng & Company that Granted to John Simpson and others, that 
Granted to the Inhabitants of Ipswich the Township Granted to Cap' 
Goreham & Comp" Canada Soldiers, The Township Granted to the late 
Cap' John Lovewell & Soldiers at Suncook, the Township Granted to 
M' John Coffin and others and Number One, two five Six and Seven in 
the line of towns shall be and hereby are declared part of and belonging 
to the County of Middlesex together with the Lands and Farms lying 
within and Adjoining to any or Either of the said Townships, and that 
the Canada Township Granted to Cap' Withington and Company, and 
the Township Granted to Cap' Tilton and Comp", that were in the Canada 
Expedition 1690, with the Lands between these Townships and others 
belonging to Worcester County shall be and hereby are declared to belong 
to the County of Worcester and be Accounted as part thereof for the 
future. [Passed February 2. 



CHAPTER 183. 

ORDER IMPOWERING JAMES LEBLOND ADMINISTRATOR TO PROSECUTE 

AN APPEAL. 

Legislative A PETITION of Jame s Lebloud Admin'' of the Estate of his late Partner 

Coiuu;if,xvi., Henry Guineau deced, praying that he may be Impowred by this Court 

'^'^^' •^^- to prosecute An Appeal from a decree of the Judge of the Probate of 

House Jour- ^jY[l\s &c for the County of Suffolk to the Governour & Council, Refer- 
im ,pp. , , .^^ ^^ ^j^^ Claims of the Creditors of the said Estate, he having thro his 

Ignorance of the Law lapsed his time for bi'inging his Appeal to the 

Gov'' & Council 

Read, with the Answer of Andrew Faueuil Attorney of Samuel Baker 

of London for himself, and the Rest of the Creditors of Henry Guineau, 

and the same being fully Considered 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 343 

Ordered that the prayer of the petition be so far Granted as that the 
pef be Allowed and Impoured to prosecute the Appeal within mentioned 
Accordingly ; provided he do it within the Space of One Month f rona this 
time. \_Passed February 2. 



CHAPTEE 184. 

ORDER IMPOWERING W*' GREENLEAFE AND OTHERS TO FILE AN 

APPEAL. 

A PETITION of William Greenleaf, and William Clear, and Bethiah Legislative 
his wife, praying Liberty to file their Reasons of Appeal from a Judg- councif.xvi.,^ 

ment Obtained Against them at the Inferiour Court of Common pleas Hi 

held at Charlestown for the County of Middlesex in December last, on House Jour- 
their writ of p]jectment, brought Against Col° Joseph Varnum of Dra- ' *'' 
eutt, their Attorney being hindi'ed by bad Weather from filing their 
Reasons in Season 

Read & 

Ordered that the prayer of the petition be Granted and the Jus- 
tices of the Superiour Court of Judicature to be held at Charlestown 
by Adjournment on the first Tuesday of March next are Impowred and 
directed Upon the pef' filing Reasons of Appeal within mentioned, in 
the Clerks office of the Court Appealed from, & Notify the Adverse 
party thereof, at least fourteen days before the Sitting of said Court 
by Adjournment as aforesaid, to hear and Determine the said Appeal 
Accordingly. [^Passed February 2. > 



CHAPTEK 185. 

ORDER GRANTING BENJ*^ PEMBERTON LEAVE TO CONTINUE AN ACTION. 

A PETITION of Benjamin Pemberton of Boston Esq'' Shewing that he Legislative 
took out his writ of Review from the Clerks office of the Superiour Court counnf x' i*^^ 
of an Action of Defamation, brought Agains' him by John Pierpont of 440,445.'' 
Roxbury, but the Said Pierpont, who has Served his Writ of Review House Jour- 
of the same Action against the pef conceals himself, so that he cannot nai, pp. 134, 144. 
be Served with the pef' writ And therefore praying that a Service on 
the said Pierponts Attorney may be Allowed to be Sufficient or that the 
pef may be otherwise Relieved 

Read, and it Appearing that the Adverse party had been Served with 
a Copy of the Petition, but no Answer given in and the matter being 
fully considered ; 

Ordered that the prayer of the petition be so far Granted as that his 
Majestys Justices of the Superiour Court of Judicature to be holden at 
Boston in and for the County of Suffolk on the Second Tuesday of Feb- 
ruary Instant, be and hereby are directed to Continue the Action within 
Mentioned, Untill the next Term that so the pef may have an Opper- 
tunity if he sees Cause to bring forward his writ of Review at the same 
time. \_Passed February 2. 



3M 



Province Laws (^Resolves, etc.). — 1736. [Chaps. 186-189.] 



CHAPTEE 186. 



Legislative VOTE REQUESTING THE GOVERNOR TO CONTINUE THE SOLDIERS IN 

Records of the 

Council, xvi., 

446. ACCORDINGLY. 



THE FORTS AND GARRISONS TO MAY 20. 1737, AND ALLOWING PAY 



Voted that his Excellency the Governour be desired to Continue in 



Legislative 
Records of the 

445!^ Execu-' the publick Service the Otiicers and Soldiers in the present pay of the 
tiufc^uncn^x* Government in the Respective Forts and Garrisons and in the province 
107, ]oy, iio.'ii"! Untill the twentieth day of May next and that pay and Subsistance be 
Hous^e^Jour- allowed them to that time Accordingly.^ \_Passed * February 3. 

nal, p. 146. 



CHAPTEE 187. 



ORDER ALLOWING £416. 13. 4 TO THE JUDGES. 



Legislative 
Records of the 
Council, xvi., 
446. 

House Jour- 
nal, p. 137. 



Ordered that the sum of Four hundred and Sixteen pounds thirteen 
shillings and four pence of the New projected Bills of Credit be Granted 
and allowed to be paid out of the publick Treasury to the Hon'*''' the 
Justices of his Majestys Superiour Court of Judicature Court of Assize 
and General Goal delivery for their Service the Year past which ended 
the first day of January last past. \_Passed February 3. 



CHAPTEE 188 



Legislative 
Records of the 
Council, xvi., 
446. 

House Jour- 
nal, p. 137. 
Infra, chap. 
189. 



ORDER ALLOWING £50 TO THE SECRETARY. 

Ordered that the sum of Fifty pounds of the New projected Bills of 
Credit be Granted and allowed to be paid out of the publick Treasury 
to Josiah Willard Esq"" Secry of this province in full for his Service the 
Year past to the third of December last. \_Passed February 3. 



CHAPTEE 189. 



Legislative 
Records of the 
Council, xvi., 
446. 

House Jour- 
nal, p. 137. 
Supra, chap. 

188. 



ORDER ALLOWING £33. 6. 8 ADDITIONAL TO THE SECRETARY. 

Ordered that the sum of Thirty three pounds Six shillings and Eight 
pence of the New projected Bills be Granted and Allowed to be paid 
out of the publick Treasury to Josiah Willard Esq'' Secretary &c in Con- 
sideration of his Extraordinary Services. [^Passed February 3. 

1 No signature of the Governor to this vote, naturally, appears of record, but the troops 
were continued in the service and payment was made to them accordingly. See Executive 
Records of the Council, as cited in the margin. The record lies in the borderland of legis- 
lation and executive authority. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1736. 815 



CHAPTER 190. 

ORDER ALLOWING £100 AND A FURTHER SUM OF £20 TO THE LATE 
TREASURER, JEREMIAH ALLEN. 

Ordered That the Sum of One hundred pounds of the New proiected ^^^sisiative 

1 . I, ■ -, ^1 1 !• 1 rii Records of the 

Bills &c be Granted and Allowed to be paid out of the pubhck 1 reas- council, xvi., 

ury to Jeremiah Allen Esq'' late Treasurer of this Province in full for ^^ 

his Service m the Year past which ended the first of June last, That nai^un'^isT^iss 
the further sum of Twenty pounds of the said New projected Bills be 
Granted and Allowed to be paid out of the publick Treasury to the 
said Jeremiah Allen Esq'' in full Consideration of his Services in the 
Treasury the last half year Ending the first of June last. [^Passed 
February 3. 



CHAPTER 191. 

ORDER ALLOWING 1/4 PER DIEM TO THE SPEAKER. 

Ordered that there be Granted & Allowed to be paid out of the pub- J^egieiative 
lick Treasui'}' in the New projected Bills after the Rate of One shilling couucii, xvi., 

and four pence ^ diem to the Hon''''' John Quincey Esq"" Speaker of the ^ 

House for every day of his Attendance in the General Court from the House Jour- 
Opening the Session in May last being the 26. day of said Month to ' ' " 
the Dissolution of this Assembly Upon Certificate from the Clerk of the 
House in consideration of his Constant Attendance in dispatching the 
publick Affairs of the Province. \_Passed February 3. 



CHAPTER 192. 

ORDER ALLOWING £120 TO THE PRESIDENT OF HARVARD COLLEGE. 



Ordered That the sum of One hundred and Twenty pounds of the Legislative 

" ~ ^ords of t 
incil, xvi. 



New projected Bills be Granted and Allowed to be paid out of the ^^X"*^ °* *® 



publick Treasury to the Rev*" M'' Benjamin Wadsworth President of 4*7;^ 



Harvard College for his Service in that affair for One Year, Ending in House Jour- 
June next the money to be paid him Quarterly. [_Passed February 3. ^^^'^■'^^^- 



CHAPTER 193. 

ORDER ALLOWING £53. 6. 8 TO THE CLERK OF THE HOUSE. 

Ordered that the sum of Fifty three pounds Six shillings and Eight Legislative 
pence in the New projected Bills be Granted and Allowed to be paid couucii, xvi., 

out of the publick Treasury to John Wainwright Esq'' Clerk of the !£: 

House in full for his Service to the next May. [Passed February 3. H^o"se -Jour- 



346 



Province Laws (Mesolves, etc.). — 1736. [Chaps. 194-197.] 



Legislative 
Records of the 
Council, xvi., 
447. 

House Jour- 
nal, p. 138. 



CHAPTER 194. 

ORDER ALLOWING £16. 13. 4 TO DOCTK WIGGLESWORTH. 

Ordered That the sum of Sixteen pounds thu'teeii shillings and four 
pence of the New projected Bills be Granted and Allowed to be paid 
out of the publick Treasury to Docf Edw" Wigglesworth Hollisiau 
professor of Divinity at Harvard College in Cambridge as a Gratuity 
in consideration of his faithfull discharge of that great and Impor- 
tant Trust Reposed in him & for his further Encouragmeut therein. 
\_Passed February 3. 



CHAPTER 195 



ORDER ALLOWING £13. 6. 8 TO THE CHAPLAINS OF THE COURT. 



Legislative 
Records of the 
Council, xvi., 

447. 

House Jour- 
nal, p. 138. 



Ordered that the sum of Thirteen pounds Six shillings and Eight 
pence of the New projected Bills be Granted and Allowed to be paid 
out of the publick Treasury viz' Six pounds thirteen shillings and four 
pence thereof to the Rev*^ Chaplain of the Hon"" Board the Year Cur- 
rant, & Six pounds thirteen shillings & four pence the other half thereof 
to the Rev'* M"' Sam' Checkley the Chaplain of the house for his Ser- 
vice the Year Currant. \_Fassed February 3. 



Legislative 
Records of the 
Council, xvi., 
447. 

House Jour- 
nal, p. 138. 



CHAPTER 196. 

ORDER ALLOWING £46. 13. 4 TO THE DOORKEEPER. 

Ordered that the sum of Forty Six pounds Thirteen shillings and 
four pence be Granted and Allowed to be paid out of the publick 
Treasury to M'' Richard Hubbard Doorkeeper to his Excellency the 
Gov"" and this Court in full for his Service for the Year Currant 
which will determine the thirteenth day of February next. \_Passed 
February 3. 



CHAPTER 197. 



ORDER ALLOWING £20 TO JOSIAH WILLARD, SECRETARY. 



Legislative 
Records of the 
Council, xvi., 

448. ^ 

House Jour- 
nal, pp. 33, 139. 



A Memorial of Josiah Willard Esq'' Secretary of the province Set- 
ting forth that for many months he hath by Sickness been taken off 
from the Writing Work in his Office much to his Loss and Expence 
besides the Charge of his Sickness and therefore praying that some 
provision may be made for his Assistance and Relief 

Read & 

Ordered that Twenty pounds of the New projected Bills be Granted 
and Allowed to be paid out of the publick Treasury to M"" Secretary 
Willard for his Relief and Assistance in consideration of his broken 
State of health for Some time past which Still Continues. \_Passed 
February 3. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1736, 347 



CHAPTER 198. 

ORDER ALLOWING £150 NEW TENOR TO THE COM™'^ FOR THE LIGHT 

HOUSE. 

A Memorial of William Dudley Samuel Welles and Thomas Tile- Legislative 
stoue Esq-'S Setting forth that According to the Orders of this Court cmmcu, x vk'*^ 
they had Compleated the Repairs of the Lighthouse ; Dwelling house ^^^- 
and wharff at Bacon Island, And have built a new and very Commo- House Jour- 

T 1 tt- 4-1 nal.pp- 14(1, 143. 

dious wharit there. ^»Jc,p. lai, 

Read and chap. i62. 

Ordered that the sum of One hundred and Fifty pounds of Bills of 
the New Tenor be Granted and allowed to be paid out of the publick 
Treasury to the Memorialists the Com''^'^ for P^ffecting the Repairs of 
the Light house &c in full for Satisfaction of their Services. \_Passed 
February 3. 



OxlA.xi-CjK IJJ. Records of the 

Council, xvi., 
448. 



ORDER ALLOWING £600 TO THE COMMITTEE FOR REPAIRS AT CASTLE , . , . 

\Vii.LiAM. Records of the 

Cotiiicil, xvi.. 

Ordered that the sum of Six hundred pounds of the New projected Exwuti'vT' ^**' 
Bills of Credit be Granted and Allowed to be paid out of the publick Qof,^^^]f ^^ "3^ 
Treasury to the Committee for the Effecting the Repairs &c at his House .four-' 
Majestys Castle William to Enable them to defray the Charges Arisen "1 (',y^u'ne|v '^^' 
in Erecting a New Battery there for which the said Committee are p. i4(5. Ante, 
Accountable. \_Passed * February 3. 239. ' ^ ^^^' 



CHAPTER 200. 

ORDER ALLOWING £66. 13. 4 TO CAP^ BENJ^ LARRABEE. 

A PETITION of Benjamin Larrabee Commander of his Majestys Fort ^|f o^^l^^of tiie 
George at Brunswick, praying the Court to Allow and Reimburse him Council, xvi., 

the sum of Three hundred and Twenty three pounds Nine Shillings & !^^ 

two pence, laid out in Rebuilding a dwelling house for the Soldiers J,^.^Tif'i3o"'' 
Accomodation in the said Fort in the Room of that which was burnt i«ie, p.'222, 
down c^^H^.i-^i. 

Read & the pet"^ being Admitted into the House was heard in Sup- 
port of his petition and withdrew and the Matter being Considered In ' 
answer to the petition 

Voted that the sum of Sixty Six pounds thirteen shillings & four 
pence be Granted and Allowed to be paid out of the Publick Treas- 
ury in the Bills of the New Tenor to the pef in consideration of the 
Charge arisen in Rebuilding the House within mentioned. \_Passed 
February 3. 



348 



Province Laws {Resolves, etc.). — 1736. [Chaps. 201-203.] 



Legislative 
Records ot the 
Council, xvi., 
449. Mass. 
Archives, 
cxiv., 152. 

House Jour- 
nal, p. 111. 
Ante, p. 2.54, 
chap. 291. 



CHAPTEK 201. 

ORDER CONFIRMING A PLAT OF 1,680 ACRES OF LAND TO CAPi' TYNG 

& C«. 

A PLAT of One Thousand Six hundred and Eighty Acres of Land laid 
out on Piscataquoag River by Samuel Cummins Survey"^ and Chainmen 
on Oath to fultill a Grant made to the Grantees of the Township com- 
monly called Tyngs Township 

Read and 

Ordered That the plat be Accepted, and the Lands Therein delin- 
eated and described be and hereby are confirmed to the Grantees or 
proprietors of the township Commonly called Tyng's township, and 
their heirs & Assigns respectively for Ever, provided the plat with 
the Island contain no more than one thousand six hundred and Eighty 
Acres in the whole, and does not interfere with any former Grant. 
\_Passed February 3. 



CHAPTER 202. 



ORDER THAT ANY SEVEN OF THE COMM^ee ON THE LATE TREAS^^^ 
ACCT« SHALL CONSTITUTE A QUORUM. 



Legislative 
Records of the 
Council, xvi., 
450. Mass. 
Archives, ci., 
553. 



Mass. 
Archives, ci., 

Journa'i.^pfue. \_Passed February 3 

Ante, p. 311, 
chap. 115. 



Ordered that any Seven of the Committee Appointed in Decemb"" 
last to receive the Money Books and Papers «&;c of the late Treasurer 
Allen be a Quorum to Act fully therein to all Intents & Purposes. 



CHAPTER 203. 



ORDER IMPOWERING JOHN TYLER AND OTHERS SOLDIERS UNDER 
CAPT MARCH TO SURVEY AND LAY OUT TWO TOWNSHIPS. 



Legislative 
Records of the 
Council, xvi., 
450. Mass. 
Archives, 
cxiv., 177. 

House Jour- 
nal, p. 175 
(April, 1735) ; 
p. 73 (.June, 
1735) ; pp. 38, 
147. 



A PETITION of John Tyler Joseph Pike and many others that were 
Either Officers and Soldiers in the Canada Expedition Anno 1690, or 
the Descendants of such of them as are deceased, praying for a Grant 
of Sq;iie of the Unappropriated Lands of the Province for a Township, 
in consideration of their Services aforesaid as well as for their Service 
in the late Indian Wars 

Read and 

Ordered that this Petition be Revived and 

Voted that two Tracts of the unappropriated Lands of this Province 
of the Contents of Six miles Square each be and hereby are Granted to 
the Petitioners the officers and [SoldJ'iers of the Companys under the 
Late Cap' John March Cap' Stephen Greenleaf & Cap' Philip Nelson 
Deceased. Anno: 16!J0 there Heirs and assigns respectively and the 
Heirs Legall Representatives Dependants of Such of them as are De- 
ceased and there Heirs and assigns forever for two Townships to la}' 
in Some Sutable Place that the Grantees be and are obliged to bring 
forward the Settlement of the Said Townships in as Regular a manner 
as the Scitnation and Circumstances of Said Township will admit of 
in the following manner Viz' That each Grantee his Heirs and Assigns 



» MS. mutilated. 



[2d Sess.] Province Laws (liesolves, etc.). — 1736. 349 

build an House on his Respective Lot or Share of the Contents of Eigh- 
teen feet square and Seven Stud at the Least and Plow or bring to 
Grass fit for mowing Six acres of Land and that they Settle in each 
Town a Learned and orthodox minister and build a Convenient meet- 
iug House for the Publick worship of God and that a Sixty third part 
of the Said Township be and hereby is Granted to the first Settled 
minister the like quantity for the use of the ministry and the like 
quantity for the use of the School in all the Divisions of the Said 
Townships that the Grantees be and hereby are obliged to Give Bond 
of twenty Pounds for the fulfillment of the Conditions aforesaid within 
five Years after the Return and Confirmation of the Plan of Said Town- 
ship and that Cap' John Hobson and Maj'" Charles Peirce be a Com- 
mittee with Such as the Honourable Board shall J03U1 to lay out Said 
Townships and Return Plots thereof within one year for Confirmation 
and the Said Committee to observe Such Rules and Directions for the 
taking of Bond and admission of the Grantees agreeable to the ord"^ 
of Court in march Last and Said Committee to Receive thirty three 
pounds Six Shillings and Eight pence of the New Projected Bills Viz' 
Sixteen pounds thirteen Shillings and four pence for Each of the Said 
Townships out of the Publick Treasurer^ to enable them to Lay out Said 
Townships 

In Council Read and Concurred and Thomas Berry Esq"" is Joyned 
in the affair. [^Passed February 3. 



CHAPTER 204. 

ORDER IMPOWERING PELEG WISWALL TO SURVEY AND LAY OUT 300 

ACRES OF LAND. 

A PETITION of Peleg Wiswall of Boston Gent" Praying for a Grant J^egisiative 

• rtpcorcls or tiiG 

of province Land in Consideration of the Servi ces and Sufferings of council, xvi., 
his father the Rev'i M^ Ichabod Wiswall deced in the Cause of this i^^^hiveT" 
Province iviii.,4ii.' 



Read and the Matter being fully Debated and Considered in answer Mass. 
to the Petition, tm%f/. 

Voted that three hundred Acres of the unapropriated Lands of the House Jour- 
Province Adjoining to Some former Grant be and hereby are given ify.'^^" ' ' 
& Granted to the Heirs of the within Named M"" Ichabod Wiswall 
Deceased, his heirs and Assigns and y' they be allowed and impow- 
ered by a Surveyor & Chain Men on Oath to Survey and lay out the 
Same and return a Piatt thereof to this Court within Twelve Months 
for Confirmation Accordingly. [_Passed February 3.~ 



CHAPTER 205. 

VOTE REFERRING TO SETTLEM'' OF NARR" TOWN N'^ 5. 

Whereas the proprietors or present possessors of the Narragausett J^®^*®}^**^?^^ 
Township, Called Number five, have voted & Agreed that the Several council', xvi., 

lotts, being One hundred and twenty in the Whole, besides publick Lots, ^ 

shall pay Sixty of them, each five pounds and the other Sixty Lots be House Jour- 
Settled with a Family & built upon and brought to as Directed in the province " 

' MS. mutilated. 

2 This date is according to Mass. Arcliives ; according to Legislative Records of the 
Council the date is February 4. 



350 



Province Laws {Resolves, etc.). — 1736. [Chap. 206.] 



Laws, xi. 
chap. 160. 



Grant from the General Court, the Lots being all Numbred and those 
which are to pay five pounds to be Distinguished from those \Yhich are 
to be Settled in the following manner, viz' Lot Number One to pay Five, 
pounds Number two to Settle Number three to pay five pounds Num- 
ber four to Settle And so Alternatly in the same Order to pay five pounds 
or to Settle thro the whole Number of Lots being One hundred and twenty 
besides Publick Lots And whereas Sundry Charges have already arisen 
and must Necessarily further Arise ; to procure which Sums, as well as 
to Oblige the Settlers to Comply and the five pound lots to pay their 
Several Sums the Authority of this Court is thought Necessary Where- 
fore It is 

Resolced and 

Ordered That the proprietors of the said Lots whether Setlers or 
those who are Ordered to pay five pounds each do Settle and pay 
Respectivly According to the said Vote ; the five pounds to be paid 
into the hands of .the Treasui-er Already Appointed by the Proprie- 
tors for that purpose, and by him to be paid to the Settlers each five 
pounds ; And in Case the Settlers fail in Settling According to the 
Courts Grant and Votes of the proprietors then the proprietors at a 
meeting Regularly Assembled shall and may dispose of said Right or 
Rights to any other or others that will Settle, And whereas Sundry 
proprietors Neglect to draw their Lots and pay their proportion of 
Charges the Committee of said proprietors shall have power to sell 
their Lands for defreying the Charge Arisen or that may Arise Attend- 
ing the Methods in the Disposition of the Lands to be Observed in 
Gathering Rates & Taxes Levied by Order of this Court on Unim- 
proved Lands. \_Passed February 4. 



CHAPTER 206. 



VOTE GRANTING LAND TO JAMES PATERSON AND OTHERS AND TO 
NARRAGANSETT TOWN NUMBER FOUR AND ESTABLISHING A TOWN 
AVEST OF HATFIELD. 



Legislative 
Records of the 
Coimcil, xvi., 
4.52. 

House Jour- 
nal, pp. 33, 36, 
93, 111, 112, 148. 
Ante, p. 187, 
chap. 144. 



In the House of Represent* 
Voted That twelve hundred Acres of Liind (part of that Tract lying 
between Lambstown on the East Swift River & the Equivalent land 
on the West Salem town on the North and M"" Reeds land on the South) 
be and hereby is Granted to James Patterson, Robei't Tentin, Edmond 
Taylor, James Wheeler, John Patterson, Andrew Farr, and Tho' Powers, 
Arthur Cary, Robert Evans, Job Carlile . . . Thorp, . . . Holden ; viz' 
to each of them One hundred Acres Fifty Acres thereof to each of them 
to be a House lot, and laid out by a Com"''' to be Appointed by this Court, 
in a Regular Form, so as to Include their Respective Improvements the 
Remaining Fifty Acres to be laid out to them Indifferently with others 
in after divisions ; All to be on consideration that they Severally dwell 
thereon with their Familys four Years from this time, and each of them 
put ten Acres Under good Improvement, Otherwise the land of those that 
fail shall Revert to the province, the Charges to be paid by the Grantees, 
As also that there be laid out a lot of Land of three hundred Acres for 
the first Settled Minister, Another for the Second minister, and Another 
for the School ; and that the Remaining part of the Land above Described 
is hereby confirmed to the proprietors of the Narragansett Town Num- 
ber four, in part to Satisfye a Grant of a Township made to them ; pro- 
vided they do within the time Granted ' in the Grant Settle Forty Familys 

> The House Journal, p. 112, reads, "limited." 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 351 

on said Tract, and perform the other Conditions of their Grant, and that 
the whole of said Tract be Carefully Surveyed by a Surveyor and Chain 
men on Oath, by dh'ectiou of the Com'™ to be Appointed as aforesaid ; 
the Charge thereof to be paid by the proprietors in General ; and that 
a Township of the Contents of Six Miles Square be laid out West of 
Hatfield and Adjoining thereto ; And tiiat so much thereof be Confirmed 
to the propi-ietors of tlie Narraganset Town Number four, as shall be 
together with what is found to be Contained in the above described Land, 
over and above the twelve hundred Acres Specially Granted, as shall make 
up and Compleat the Contents of Six Miles Square, formerly Granted to 
them ; Provided they shall Settle Twenty f amilys in said Township, within 
the time limited in their said Grant, and perform the other Conditions 
P^njoyned them ; and that a Com"''' to be Appointed, as aforesaid, be 
Authorized and Impowred to Admit Forty other Settlers in said Town- 
ship, first giving preference to John Polter, Jonathan Tarbox, Joseph 
Breden, John Newhall, John Delaway, Joseph Collings, Daniel Johnson, 
Samuel Newhall, & to One of the heirs ofeach of the following persons, 
William Wormwood, Zach'' Marsh, John Driver, Henry Trivet, John 
Page, and Bartholomew Flagg ; And that the said Com'™ Admit so many 
of the Officers and Soldiers of the Company under Cap' Thomas Andrews 
deced, whose names are hereunto Annexed, or so many of them as shall 
Appear to bring forward the Settlement of said land, and Who shall give 
Bond in twenty pounds to the Province Treasurer, to fulfill the Terms 
of the Grant, and that Eight pounds Six shillings & Eight pence of the 
New projected Bills be Allowed and paid out of the publick Treasury 
to the said Com'™ to defrey one half of the Charge in laying out the 
Township; The Com'™ are hereby directed to lay out a lot for the first 
Settled Minister, another for the Ministry and Another for the School, 
The Rest of the land (besides what is hereby confirmed to the Narra- 
gansett Soldiers) to be Equally divided to the other forty Settlers ; pro- 
vided each of them shall within two Years from this time build and finish 
a house of Eighteen feet square & Seven feet Stud, And he or one of 
his Descendants shall Continue to dwell there two Years from the build- 
ing such house and bring to & put under good Improvement, ten Acres 
of said land, within the Space of four years from this time, and give a 
Bond of twenty pounds for the performance of the above Conditions ; 
which Bond shall be taken by the said Com'™ and made payable to the 
province Treasurer; Provided also that the Settlers shall bnild a Suit- 
able Meeting house and Settle a Learned Orthodox Minister Amongst 
them, within the Space of five Years from this time, and John Cushing 
Esq'' & Cap' Adam Cushing with Such as shall be Joined by the Hon" 
Board, be the Com'™ fully Authorized and Impowred to I^ffect and See 
performed the aforementioned Services to all Intents and purposes 
Accordingly. 

In Council Read and Concurr'd and Samuel Thaxter Esq'' is Joined 
in the Affair. \_Passed February 4. 



CHAPTER 20 



ORDER ALLOWING £266. 13. 4 TO THE AGENT. 



Ordered That the sum of Two hundred and Sixty Six pounds thir- Legislative 
teen shilling and four pence of the New projected Bills be Granted eounnf xVi^^^ 
and Allowed to be paid out of the publick Treasury to Francis Wilks 454. 
Esq'' or his Attorney, in full for his Service the last year in the Agency House Jour, 
of this Province. [Passed Februanj 4. nai, p. lis. 



352 



Province Laws {Besolves, etc.). — 1736. [Chaps. 208-211.] 



Legislative 
Kecords of the 
Council, xvi., 
454. 

House Jour- 
nal, p. 133. 



Legislative 
Records of the 
Council, xvi., 
454. Mass. 
Archives, 
Ixxxvii., 275. 

Legislative 
Records of the 
Council, xvi., 
383. House 
Journal, p. 148. 
Province 
Laws, ii.,983. 
Ante, p. 295, 
chap. 79. 



CHAPTER 208. 

VOTE ALLOWING 40/ PER ANNUM FOR FIVE YEARS TO JOHN HOBBS. 

Whereas it Appears that Johu Hobbs of Ipswich is become a Cripple 
by hard Services and Sufferings in the late Indian Wars, and thereby 
Rendred incapable of Labouring for his Support ; 

Voted That a Stipend of Forty Shillings p annum of the New pro- 
jected Bills of this Province of the New form be and hereby is Granted 
and allowed to be paid out of the publick Treasury to the said John 
Hobbs for and during the Space of five Years to Commence from the 
last day of May last past for his Relief and Support. \_Passed Feb- 
ruary 4. 



CHAPTER 209. 

VOTE APPOINTING A COMMITTEE TO BUILD A HOSPITAL ON RAINSFORD 

ISLAND. 

In the House of Representatives 

Voted y' M'' Speaker and M" Cooke w'^ such as shall be joined by the 
Hon''''' Board be a Committee to Build a Suitable & Convenient House 
on Raiusford Island lying between Long Island and the Main Land 
near the Town of Hull to be used and improved as a Publick Hospitall 
for the Reception and Accomodation of Such sick or Infectious Per- 
sons as shall be Sent there by Order 

In Council Read and Concurred and W" Dudley and Samuel Welles 
Esq" are Joyned in the affair. [^Passed February 4. 



CHAPTER 210. 



ORDER ALLOWING £13. 15. 5 TO THE COMMITTEE ON THE WRENTHAM 
& BELLINGHAM AFFAIR. 



Legislative 
Records of the 
Council, xvi., 
454. 

House Jour- 
nal, p. 149. 
Ante, p. 216, 
chap. 209. 



Ordered That the Towns of Wrentham & Bellingham be & hereby 
are directed to pay the sum of Thirteen pounds fifteen shillings & five 
pence in equal parts to Edmond Quincey Esq"" to be by him paid to 
whom it is due to discharge the Account of the Committee for Set- 
tling the lines between 'em. [Passed Febrxmry 4. 



CHAPTER 211 



ORDER ABOUT THE INDIAN TRADE. 



Legislative 
Records of the 
Council, xvi., 
4.55. Mass. 
Archives, ci., 
552. 

House Jour- 
nal, pp. 147, 148. 
Ante, p. 311, 
chap. 115. 



On a Vote for a Com"=^ to Settle the Affairs of the Treasury \_ante, 
p. 311, chap. 115] 

Forasmuch as it is Probable that the Committee within Named will 
not have Time to finish the affair within Mentioned during the Present 
Session 

Ordered that they be impowered to proceed thereon during the Recess 
of the Court if Need be & Make Report at the Next Sitting of this Court 



[2d Sess.] Province Laws {Resolves, etc.). — 1736. 353 

Ordered that any Seven of the Committee Appointed in Decemb"" last 
to receive the Money Books and Papers »fec of the late Treasurer Allen 
be a Quorum to Act fully therein to all Intents & Purposes 

Ordered that the Committee within Mentioned be and hereby are 
further Authorized and impowered to make Inquiry into and Exam- 
ine the State and Circumstance of the Indian Truck Trade and Report 
the full State and Circumstance thereof in all Respects to this Court 
when they Report on the Business first Committeed to them in the afore- 
going Vote. \_Passed February 4. 



CHAPTER 212. 

ORDER APPOINTING A COMMITTEE FOR SIGNING THE NEW PROJECTED 

BILLS OF CREDIT. 

A Message was sent up from the House to Inform the Board, that Legislative 
they propose, That Six persons should be Chosen by the Joint Ballots council, xvi., 

of both Houses, as Signers of the New projected Bills, and that the ^h 

House desire the Board to Join with them therein To which the Jies'^i'?**^?,.. 

,, , . , Records of the 

Board Agreed Council, xvi., 

And the Election being proceeded to the following persons were jo^um^?"^^ 
Chosen Accordingly by the Major Vote of the Council and House of pp. 150, 'i5i. 
Represent to be a Com*'^'' for Signing the New projected Bills of Credit 
viz' Elisha Cooke, William Dudley, John Jeffries, Josiah Willard, John 
Quiucey, and John Wainwright Esq"'" and a Certificate of the said Elec- 
tion being laid before the Governour by the Deputy Secretary His Ex- 
cellency wrote thereon as follows viz' I Consent to the above 
Elections, Excepting that of Elisha Cooke Esq'^ J. Belcher. 
\_Passed February 4. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1737-38. 



[355] 



LEGISLATIVE LIST' 

FOR 
1737-38. 



His Excellency JONATHAN BELCHER, 

Captain-General and Governor-in-chief, etc. 
JOSIAH WILLARD, Esq., 

secretary of the PRO^^NCE. 

SIMON FROST, 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 ; 



Thomas Hutchinson 
Edmund Quincey 
Samuel Thaxter 
John Turner 
John Stoddard 
William Dudley 
Jonathan Remington 
John Osborne 
Ebenezer Burrill 



Esqrs. 



Francis Foxcroft 
JosiAH Willard 
Jacob Wendell 
Anthony Stoddard 
Samuel Welles 
Thomas Berry 
Joseph Wilder 
Benjamin Lynde, Jr. 



Esqrs. 



Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly called 
the Colony of Neio Plymouth; 

John Cusiiino 
Nathaniel Hubbard 



Melatiah Bourn 
Seth Williams 



Esqrs. 



Esqrs. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly called 
the Province of Mayne; 

William