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





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THE 



ACTS AND RESOLVES, 



PUBLIC AND PRIVATE, 



Province of the Massachusetts Bay: 



TO "WHICH ARE PREFIXED 



THE CHAETERS OF THE PROVINCE. 



HISTORICAL AND EXPLAXATORY NOTES, AND AN APPENDIX. 



Published under Chapter 87 of the Resolves of the General Court 
of the commonw3alth for the year 1867. 



Volume XIII. , 

BEING VOLUME VIII. OF THE APPENDIX. 

CONTAINING 

RESOLVES, ETC., 1741-1746. 



(K> 



BOSTON : 

"VVRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 Post Office Square. 

1905. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1741. 



[1] 



LEGISLATIVE LIST^ 



1741 



His Excellency JONATHAN BELCHER, 
Captain-General and Governor-in-chief, etc. 

JOSIAH WILLARD, Esq., 

SECRETARY or tub PROVINCE. 



COUNCILLOES OR ASSISTANTS. 

Of the Inlidbitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusets Bay ; 



FRAN"eiS FOXCEOFT 

Edward Goddard' 
Anthony Stoddard 
Richard Bill 
Samuel Danforth 
Daniel Epes^ 
James Minot' 
William Foye 
Samuel White' 



Samuel Adams' 
William Stoddard' 
John Read 
Estes Hatch' 
'EsQRS. John Greenleaf 

Mr. Thomas Norton' 
Mr. Ephraim Wilder' 
Mr.* Henry Burchstead 
Dr. John Clark' 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands ivithin the Territory formerly 
called the Colony of Keiv Plymoutli ; 

John Gushing [_ George Leonard 



Shubal Gorham 



ESQRS. 



John Otis' 



>ESQRS. 



Of the Inhahitants of or Proprietors of Lands loithin 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 S ^^ova Scotia j 

John Jeffries, Esq. 

' See Legislative Records of the Council, xvii. (2), 566-572. 

2 Convened May 27, 1741 ; dissolved by the Governor May 28 ; convened again July 8. 

3 Rejected by the Governor. See Legislative Records of the Council, xvii. (2), 571. 
* The House Journal, p. 6, reads, "Dr." 

[3] 



Province Laws {Resolves, etc.). — 1741. [Representatives.] 

For the Province, at large : — 

JOSIAH WiLLARD & JaCOB WeNDELL, EsQRS. 



REPRESENTATIVES OR DEPUTIES. 

May 27, 1741 to May 28, 1741. 

Mr. WILLIAM FAIRFIELD, Speaker. 



Boston, . 



Roxbury, 

Dorchester, 

Hingham, 

Braintrec, 

Dedham, 

Medfield, 

Medio ay, 

Weymouth, 

Milton, . 

Wrentham, 

Needham, 

Stoughtoti, 

Brooklyn, 

Chelsea, 



County of Suffolk. 
. . Mr. Thomas Cashing, 
Mr. Edward Bromfield, 
Mr. Timothy Prout, 
Mr. James Allen. 
Paul Dudley, Esq. 
CajDt. Thomas Wiswal. 
Cajjt. John Jacob. 
Capt. William Hunt. 
Mr. Joseph Ellis, Jr. 
Capt. John Dwight. 
Mr. Jeremiah Adams. 
Capt. Adam Cashing. 
Mr. Benjamin Sunmer. 
Mr. Timothy Metcalf. 
John Fisher, Esq. 
Mr. Ralph Pope. 
Capt. Edward White. 
Samuel Watts, Esq. 



County of Middlesex. 



County of Essex. 
Salem, . . . Capt. Thomas Flynt, 

Mr. John Gardner. 
Ipsivich, . . John Choat, Esq., 

Richard Rogers, Esq. 
Newbury, . . .Joseph Gerrish, Esq. 
Marblehead, . James Skinner, Esq. 
Ly7i, .... Mr. Thomas Chever. 
Andover, . . Capt. Timothy Johnson. 
Beverly, . . Robert Hale, Esq. 
Roivley, . . . John Hobson, Esq. 
Salisbury, . . Mr. David Ring. 
Haverhill, . . Capt. Nathaniel Peaslee. 
Olocester, . . Capt. James Davis. 
Topsfield, . . Mr. Nathaniel Boardman. 
Boxford, . . Mr. Benjamin Porter. 
Amesbury, . . Mr. John Whittier. 
Bradford, . . Mr. Richard Bayley. 
Wenharn, . . Mr. William Fairfield. 
Middleton, . . Mr. Timothy Fuller. 



Cambridge, 

Charlestown, 

Watertown, 

Woburn, 

Concord, 

Neivton, 

Sudbiiry, 

Billerica, 

Marlboro, 

Oroton, . 

Framingham, 

Chelmsford, 
Reading, 
Maiden, . 
Weston, . 
Medford, . 
Bwistable, . 
Littleton, 
Hopkinton, . 
Westford, . 
Waltham, . 
Toivnshend, 
Sherburn, . 



Mr. Samuel Bowman. 
Ezekiel Chever, Esq. 
Mr. Jonas Bond. 
Mr. Rowland Cotton. 
Jaiues Minot, Esq. 
Samuel Jackson, Esq. 
Mr. Thomas Taylour. 
Mr. Jacob French. 
Samuel Brigham, Esq. 
Nathaniel Sartell, Esq. 
Joseph Buckminster, Jr. , 

Esq. 
Capt. Samuel Chamberlain. 
Capt. Samuel Bancroft. 
Mr. Joseph Lynde. 
Mr. Josiah Brewer. 
Capt. John Hall. 
Joseph Blaudford, Esq. 
Mr. Jonathan Prescot. 
John Jones, Esq. 
Capt. Thomas Read. 
Mr. Thomas Biggelow. 
Cajjt. John Stevens. 
Mr. Joseph Perry. 



County of Hampshire. 

Sjiringfehl, . Joseph Pjmchon, Esq. 
Northatnpton, . John Stoddard, Esq. 
Hadley, . . . Richard Crouch, Esq. 
Suffic/d, . . Mr. Samuel Kent. 
Westjicld, . . Thomas Ingersol, Esq. 
Enfield, . . . Mr. Thomas Jones. 
Deerficld, . . Mr. Elijah Williams. 

County of Worcester. 
Worcester, . . Mr. Palmer Golding. 
Lancaster, . . Capt. William Richardson. 
Mendon, . . Cajjt. Robert Taft. 
Woodstock, . . Mr. William Lyon. 



[Representatives.] Province Laws {Resolves, etc.). — 1741. 



County of 

Brookjield, . 
Sutton, . 
Southboro, . 
Shrewsbury, 
Lunenburgh, 
Leicester, . 

Westboro, . 
Uxbridge, . 



Worcester — Concluded. 

. Capt. Josiali Converse. 

. Mr. Elisha Putman. 

. William Ward, Esq. 

. Mr. Caleb Johnson. 

. Mr. John Grout. 

. Capt. Cliristopher Jacob 

Laugh ton. 
. Mr. Edward Baker. 
, Mr. Solomon Wood, Jr. 



County of Ply^moutii. 

Plymouth, . . Mr. Thomas Foster. 



Scituate, 
Duxbury, . 
Marshjield, 
Bridgwater, 
Middleboro, 
Pembroke, . 
Kingston, . 
Hanover, . 
Rochester, . 
Plympton, . 



jVIt. Nicholas Litchfield. 
Capt. Gamaliel Bradford. 
Mr. Otis Little. 
Capt. Ebenezer Byram. 
Elkanah Leonard, Esq. 
Isaac Little, Esq. 
Capt. Gershom Bradford. 
Mr. Thomas Jocelyn. 
Mr. John Freeman. 
Mr. William Churchill. 



County of 

Eastham, . 
Harwich, . 
Yarmouth, . 
Falmouth, . 



Barnstable — Concluded. 
. Col. John Knowles. 
. Joseph Freeman, Esq. 
. Mr. Daniel Hall. 
. jNIr. Joseph Parker. 



County of Bristol. 
. Mr. Thomas Green. 
. Mr. Thomas Godfrey.' 



Bristol, . 
Taunton, 
Little Com2iton, William Ilall, Esq. 



Rehoboth, 

Tiverton, 

Dartmoitth, 

Norton, . 

Altleboro, 

Dighton, 



York, 
Kittery, . 
Wells, . 
Berwick, 
Falvfiouth, 



Mr. Daniel Barney. 
Mr. Ebenezer Tabor. 
Mr. John Tripp. 
George Leonard, Esq. 
Capt. Mahew Dogget. 
Sylvester Richmond, 
Esq. 



Jr., 



County of York. 
. Mr. Samuel Clark. 
. Mr. Samuel Shorey. 
. Mr. Samuel Emery. 
. Humphrey Chadbourn, Esq. 
. Mr. Moses Pearson. 



Brunswick, . Mr. Henry Gibbs. 



County of Barnstable. 
Barnstable, . Sylvanus Bourne, Esq. 
Sandwich, . . Stephen Skiff, Esq. 

1 The House Journal, p. 4 (1741), reads, "Mr. John Godfrey." 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty seventh Day of May, A.D. 1741. 



CHAPTER 1. 

VOTE ALLOWING 6/ PER DIEM TO THE COMMISSIONERS ON THE MAS- 
SACHUSETTS AND RHODE ISLAND BOUNDARY LINE AND A FURTHER 
SUM OF £1,500 FOR CHARGES. 

Voted that there be allowed and paid on the part of this Gover- Legislative 
ment Six Shillings Sterling ^ Diem to each of His Majesty's Com- ^^f,^^cn' °* ^^^ 
missioners attending the Settlement of the Bonndary Line betwixt xvii. (2)', 5^2. 
this Province and the Colony of Rhode Island. Archives, vi., 

And in order further to Enable the Committee of this Court ^'^- ■ 

appointed for that purpose to defrey the charges which may arise ^r,fj^{yeg yj 
in that Affair, that there be paid out of the publick Treasury to sfis. House ' 
said Committee the further Sum of fifteen hundred pounds out of province^" 
the Seven thousand two hundred pounds Appropriation. ciiap%5"730^' 

The Comm'^'' to be Accountable to this Court for said Sum, chap. 155. 
\^Passed May 28. 

m 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1741-42. 



PI 



LEGISLATIVE LIST^ 



1741-42. 



His Excellency JONATHAN BELCHER, 

Captain-General and Governor-in-chief, etc. [until August 13, 1741]. 

His Excellency WILLIAM SHIRLEY, 

Captain-General and Governor-in-chief, etc. [from August 17, 1741], 
JOSIAH WILLARD, Esq., 

SECRETARY OF THE PROVINCE. 



REPRESENTATIVES OR DEPUTIES. 

July 8, 1741 to Ajyril 23, 1742. 



Mk. JOHN HOBSON, Speaker. 



Boston, 



Boxbtcry, 

Dorchester, 

Miltofi, . 

Braintrec, 

Weymouth, 

Dedham, 

Medjield, 

Medway, 

Uingham, 

Wrenlhain, 

Needham, 

Brooklyn, 

Chelsea, 



County of Suffolk. 

. Mr. Thomas Cashing, Salem, . 
Mr. Timothy Prout, 

Mr. Edward Bromfield, Ipsivich, 
Mr. James Allen. 

Paul Dudley, Esq. Newbury, 
Capt. Thomas Wiswall. 

Mr. Benjamin Somner. Marblehead 

Capt. William Hunt. Lyn, . 

Capt. Adam Cushing. Andover, 

John Metcalf, p]sq. Beverly, 

Capt. John Dwight. Boivley, . 

Mr. Jeremiah Adams. Salisbury, 

Capt. John Jacob. Olocester, 

Mr. Timothy Metcalf. Topsfield, 

John Fisher, Esq. Boxford, 

Samuel White, Esq. Amesbury, 

Samuel Watts, Esq. Bradford, 



County of Essex. 
. Capt. Thomas Flynt, 

Mr. John Gardner. 
. John Choat, Esq., 

Andrew Burleigh, Esq. 
. Joseph Gerrish, Esq., 

Mr. Benjamin Greenleaf. 
. James Skinner, Esq. 
. Mr. Thomas Chever. 
. John Osgood, Esq. 
. Robert Hale, Esq. 
. John Hobson, Esq. 
. Mr. David Ring. 
. Mr. James Davis. 
. Mr. Nathaniel Boardman. 
. Mr. Benjamin Porter. 
. Mr. John Wliittier. 
. Capt. Richard Bayley. 



I See Legislative Records of the Council, xvii. (3), 2-4. No Councillors were elected for this year. 

[11] 



12 Province IjAWS [liesoh'es, etc.). — 1741-42. [Representatives.] 



CouNTr OF Essex — Concluded. 
Wenham, . . Mr. William Fairfield. 
Middleion, . . Mr. Timothy Fuller. 
Haverhill, . . Mr. Nathaniel Peaslee. 

County of Middlesex. 

Cambridge, . Mr. Samuel Bowman. 

Charlestown, . Ezekiel Chever, Esq. 

Watertown, . Mr. Jonas Bond. 

Woburn, . . Mr. Rowland Cotton. 

Concord, . . James Minot, Esq. 

Newton, . . Samuel Jackson, Esq. 

Sudbury, . . Mr. Thomas Taylour. 

Marlboro, . . Samuel Brigham, Esq. 

Billerica, . . Mr. Joseph' French. 

Framingham, . Josei^h Buckminster, Jr., 

Esq. 

Lexington, . . Capt. William Read. 

Chelmsford, . Capt. Samuel Chamberlain. 

Sherburn, . . Capt. Isaac Coolidge. 

Reading, . . Capt. Samuel Bancroft. 

Maiden, . . . Mr. Joseph Lynde. 

Weston, . . . Mr. .loseph Livermore. 

Medford, . . Mr. John Willis. 

Dunstable, . . Joseph Blanchard, Esq. 

Littleton, . . Mr. Jonathan Prescot. 

Hopkinton, . . John Jones, Esq. 

Wesford, . . Capt. Thomas Read. 

Waltham, . . Mr. John Cutting. 

Townshend, . Capt. John Stevens. 

Stow, . . . Mr. Phineas Rice. 

Stonhayn, . . Mr. Jeremiah Allen. 

County of Ham [p] shire. 
Springfield, . Joseph Pynchon, Esq. 
Northamjiton, . John Stoddard, Esq. 
Hadley, . . . Richard Crouch, Esq. 
Hatfield, . . Oliver Patridge, Esq. 
Westfield, . . Thomas Ingersol, Esq. 
Enfield, . . . Mr. Thomas Jones. 
Deerfield, . . Mr. Elijah Williams. 
Shejfield, . . Mr. David Ingersol. 

County of Wokoestek. 

Worcester, . . Mr. Palmer Goulding. 

Lancaster, . . Capt. William Richardson. 

Mendon, . . Capt. Robert Taft. 

Woodstock, . . Mr. William Lyon. 

Brookfield, . . Joseph Dwight, Esq. 

Sutton, . . . Mr. Elisha Putman. 

Southboro, . . William Ward, Esq. 

» The House Journal, 



County of Worcester — Concluded. 
Shrewsbury, . Mr. Caleb Johnson. 
Leicester, . . Capt. Christopher Jacob 

Laughton. 
Westbury, . . Mr. Edward Baker. 
Uxbridge, . . Mr. Solomon Wood, Jr. 



Rutland, 



Mr. Edward Rice. 



County of Plymouth. 
Plymouth, . . Mr. Thomas Foster. 



Scituate, 

Duxbury, . 

Marshfield, 

Bridgwater, 

Middleboro, 

Rochester, 

Plympton, 

Pembroke, 

Kingston, 

Hanover, 



IMr. Nicholas Litchfield. 

Capt. Gamaliel Bradford. 

Mr. Otis Little. 

Capt. Nehemiah AVashburn. 

Elkanah Leonard, Esq. 

Mr. John Freeman. 

Mr. William Churchill. 

Isaac Little, Esq. 

Capt. Gershom Bradford. 

Mr. Thomas Joselyn. 



County of Barnstable. 

Barnstable, . Sylvanus Bourn, Esq. 



Sandwich, 

Yarmouth, 

Eastham, 

Harwich, 

Falmouth, 



Mr. Samuel Tupper. 
Mr. John Hallet. 
Col. John Knowles. 
Edward Freeman, Esq. 
JVIr. Joseph Parker. 



County of Bristol. 

Bristol, . . ■ Stephen Payne, Esq. 
Taunton, . . Mr. John Godfrey. 
Rehoboth, . . Mr. Daniel Barney. 
Little Compton, William Hall, Esq. 
Tiverton, . . Mr. Ebenezer Tabor. 
Dartmouth, . Mr. John Trip. 
Norton, . . . George Leonard, Esq. 
Attleboro, . . Capt. Mahew Dagget. 
Dighton, . . Sylvester Richmond, Esq. 
Swanzey, . . Capt. Eseck Brown. 



York, 
Kiltery, . 
Berwick, 
Wells, . 
Falmouth, 



County of York. 

. Mr. Samuel Clark. 

. Mr. Samuel Shorey. 

. Humphrey Chadburn, Esq. 

. Mr. Samuel Emery. 

. Mr. Moses Pierson. 



In the County of Nantucket. 

Sherburn, . . Capt. Josiah Coffin, 
p. 4, reads, "Jacob." 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Eighth Day of July, A.D. 1741. 



CHAPTEK 1. 

VOTE APPOINTING A COMMITTEE TO CONGRATULATE THE HON«i-i« WIL- 
LIAM SHIRLEY CAPTAIN GENERAL AND COMMANDER IN CHIEF. 

In the House of Eep-^ rISs of the 
Whereas His Majesty King George the Second hath been graciously Council, xvii., 
pleased to Appoint tlie Honourable William Shirley Esq'' Cap* Gen- mms.^*^' 
eral and Commander in Chief in and over His Majesty's Province of ^iix^^il^' 
the Massachusetts Bay whose Commission is daily expected. f~~T~t^ 

Voted that M-" Speaker Judge Dudley M-" Watts M^- Cotton M^ SrdVot-the 
Choate M"" Gushing D'' Hale M^ Leonard M"" Dwight M"" Richardson ^^"^(3'', e, g. 
M'' Little M"" Pynchon and M' Minot with such as the Honourable House .Jour- 
Board shall appoint be a Committee in the name and behalf of this ^^*'^' 
Court to wait upon and Congratulate him upon the first news of 
the Arrival of His Commission. 

Also 

Voted that the abovesaid Committee be desired to provide suitable 
Entertainment for the Members of this Court, and such other Gen- 
tlemen as the Committee upon that occasion shall Judge^proper. 

In Council Read & Concur'd & Will" pepperel John Jeffries, Fran- 
cis Foxcroft, Josiah Willard, Jacob Wendell, Anthony Stoddard, 
John Gushing, Richard Bill, Shubal Gorham, Samuel Danforth, 
William Foye & John Read Esq""^ are joined in the Affair. [^Passed 
July 11. 



CHAPTEK 2. 

ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO TIMOTHY 

CHILD. 

A Memorial of Elijah Williams in behalf of Timothy Child ^^f^^rds'of the 
of Deerfield; Shewing that whereas this Court in the Year 1733 council, 
granted him three hundred Acres of Land, that the said Child laid nTase.^^^' "" 
out the Grant within the time limited for the Return of it, but it ^j^^'i'^'^fl' 

happened to be upon Land before granted, and that he has several — — '- 

times been disappointed in the Pitches which he has made; And Archives, 
therefore Praying that the Plat herewith exhibited may be allowed cxlv.',"!/^^' 
and the Land confirmed to him. li^sisiative 

T-, T , Records of the 

Read and Council, xvii., 

Ordered that the within Plat be accepted, and the lands therein Hou'se'jour- 

[13] 



14 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 3-5. J 



Province delineated and described be and hereby are confirmed to the said 

Laws, xi., 719, Timothy Chikls, His Heirs and Assigns for ever, provided the Pkit 
^'^' ' exceeds not the Quantity of the Grant, and does not interfere with 

any former Grant, [Passed July 15. 



CHAPTER 3. 



ORDER ALLOWING £34. 7 TO JOHN BEARS. 



Legislative 
Records of the 
Council, 
xvii. (3),13. 
Mass. 
Archives, 
Ixxxvii., 36. 

Mass. 
Archives, 
Ixxxvii., 37. 
Legislative 
Records of the 
Council, xvii., 
Mis., -286. 
House Jour- 
nal, p. 17. 



A Petition of John Bears of Hallifax in the County of Plym- 
outh ; Shewing that his Dwelling House being burnt down in March 
last he lost therein the sum of Thirty four pounds seven shillings 
in Bills of Credit of this Province, which was then consumed. Pray- 
ing that this Court would order him that sum out of the publick 
Treasury or direct the Treasurer to discount the same for Taxes. 

Eead and 

Ordered that the Prayer of the Pet" be granted and the Treasurer 
is hereby directed and impoured to reimburse the Pef the said Sum 
of thirty four pounds seven shillings accordingly. \^Passed July 16. 



Legislative 
Records of the 
Council, xvii., 
Mis., 286. 

Legislative 
Records of the 
Council, 
xvii. (3), 13. 
House Jour- 
nal, p. 10. 
Province 
Laws, xii.,744, 
chap. 190. 



CHAPTER 4. 



ORDER SUBSTITUTING M^ ALLEN FOR M« CURTIS ON THE COMMITTEE 
ON THE HOLLISTON AND HOPKINTON LINE. 

Ordered that M"" Allen be added to the Committee appointed the 
7"' [of] ' April last to run the bounds between Hoj^kinton and Hol- 
liston instead of M'' Curtis who is excused from that service, being 
a near relation to one of the parties. \^Passed July 16. 



CHAPTER 5. 



ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO THE HEIRS 
OF JOSEPH MALLINSON. 



Legislative 
Records of the 
Council, 
xvii. (3), 14. 
Mass. 
Archives, 
xlvi., 118. 

Mass. 
Archives, 
xlvi., 117. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 287. 
House Jour- 
nal, pp. 15, 16. 
Province 
Laws, xii., 658, 
chap. 192. 



A Plat of Two Hundred Acres of Land laid out by John Huston 
Surveyour and Chain men on Oath, to fulfill a Grant made by the 
General Court in the year 1740 to Joseph Mallinson (since deceased) 
adjoining to the West Bounds of the Town of Blandford in the 
County of Hampshire, Beginning at a Stake with stones about it, 
forty five rods to the Southward of Sheffield Road, thence running 
West 20 Degrees North on Common Lands two hundred rods to 
an other Stake with stones about it; thence South 20 Deg: West 
on Common Lands seventy two rods, to a Wild Cherry Tree marked 
at the North West end of a Pond ; thence bounded on the said Pond 
or Lake South AYestward to a Hemlock Tree close to the Pond; and 
from thence East 20 Deg. South on Christo'" Jacob Laughtons Farm 
one hundred & thirty eight rods to a Stake with stones on Blandford 
West Line, and so runs North 20 Deg. East on said Blandford Line 
one hundred and seventy seven rods to the Corner first mentioned. 

1 Inserted from Legislative Records of the Council, xvii. (3), 13. 



[1st Sess.] Province Laavs {Resolves, etc.). — 1741-42. 15 

Read uiid 

Ordered that the within Plat be accepted and the lands therein 
delineated and described be and hereby are confirmed to the Heirs 
and Assigns of the said Joseph Mallinson (now deceased) forever 
provided the Plat exceeds not the Quantity of the Grant and does 
not interfere with any former Grant. [^Passed July 16. 



CHAPTER 6. 

ORDER ALLOWING £5 TO JONATHAN SMITH. 

A Petition of Jonathan Smith of Sudbury; Shewing that in Legislative 
April last his house was burnt and therein a Five Pounds Bill of coumlif, "* ^"^^ 
Credit of this Province; praying that the like sum may be granted xvii. (3),i4. 
to him out of the publick Treasury to reimburse him. Archives, 

Read and \x:.^^ii.,m. 

Ordered that the Prayer of the Pet" be granted and the Treasurer Refor'ds'of the 
is hereby directed and Impoured to reimburse the Pef the sum of Council, xvii., 
five pounds accordingly. [Passed Juli/ 16. House Jour- 

nal, p. 16. 



CHAPTER 7. 

ORDER ALLOWING JOHN LARRABEE VICTUALLER OF THE GARRISON 
AT CASTLE WILLIAM 2/ 6 PER MAN PER WEEK ABOVE THE LAST 
ESTABLISHMENT. 

A Petition of Lieu' John Larrabee, Victualler of the Garrison Legislative 
at His Majestys Castle William, Shewing that by reason of the ex- councif *'* ^'^^ 
traordinary rising of the price of Provisions he is not able to victual xvu. (8)', n. 
the said Garrison at the rate last stated ; And therefore praying that Archives, 
he may be allowed twenty shillings per week per man. ixxii., ses. 

Read and Krds'of^tiie 

Ordered that the prayer of the Pet" be so far granted as that the Council, xvii., 
Pef be allowed two shillings and Six pence a man ^ Week from Hou'sl^jour- 
Novemb'' last to November next over and above the last Establishm'. S,*!- i?^i'- 
[Passed July 17. Laws, xii., 442, 



chap. 194. 



CHAPTER 8. 



ORDER ON THE PETITION OF SAMUEL IRESON FOR RETRIAL OF AN 

ACTION. 

A Petition of Samuel Ireson of Marblehead in the County of Legislative 
Essex, Shewing that the General Court were pleased by their Order comfcif,^ 
pass'd the 24^'' of April last on his former Petition to grant him Mass.^^'' ' ■'^' 
liberty to have a trial of a cause between him and one Joseph Hend- Archives, xii., 

ley at the last Superior Court for the County of Essex aforesaid, the — 

Petitioner seasonably serving the said Hendley with a Copy of the Archives, xii., 
Order ; but so it happened tliat the Court dismissal the Action because V^^- . , ,. 
the copy of tliat Order was not attested by the Secretary but by the Records of the 
Petitioners x4ttorney only ; And therefore Praying that the Justices mjs.^^^s.'"^^"'" 
of the said Superior Court may be directed to hear and try the Peti- ^ °j"^^ p^' 
tioners said Appeal at their next Term. p'roviiice 



16 



Province Laws (^Resolves, etc.). — 1741-42. [Chaps. 9, 10.] 



Laws, xii., 746, 
chap. 197. 



Read & 

Ordered that the prayer of the pet"^ be so far granted as that the 
pet"^ have a Trial of the Cause within mentioned upon the Merits 
at the next Sup"" Court of Judicature to be held at Salem for the 
County of Essex in Novem"" Next; And the Justices of the s*^ Court 
are hereby impowered to hear & try the same upon the Appeal, as 
tho' the s'' Judgm* by Default had not been, & that the Action for 
the Division of the Land (as within mentioned) be continued 'till 
such time as the said Appeal shall be tried & determined, & that 
Execution on the Judgment with in mentioned be staid in the mean 
time, provided the pef serve tlie said Hendley with a Copy of this 
Order at least fourteen Days before the Sitting of the s'^ Court. 
[Passed July 17. 



CHAPTEE 9 



ORDER REVIVING WITH NOTICE THE PETITION OF JOHN PENGILLY. 



Legislative 
Records of the 
Council, 
xvll. (3), 19. 
Mass. 

Archives, xli., 
661. 

House Jour- 
nal, p. 18. 
Province 
Laws, xii., 739, 
chap. 177. 



On the Petition of John Pengilly [Province Laws, xii., 739, 
chap. 177] 

Upon a Motion of the Petitioner by his Memorial to this Court; 

Read & 

Ordered ihsit this Petition be revived & That the Petitioner serve 
the adverse Party Benjamin Sitton with a Copy of the Petition that 
so he shew Cause, if any he hath on Fryday the seventh of August 
next, if the Court be then sitting, if not on the first Fryday of the 
next Sitting of the Court why the Prayer thereof should not be 
granted. And that the Execution within mentioned be staid in the 
mean time. [Passed July 17. 



CHAPTER 10. 

VOTE RELATING TO A NEW IMPRESSION OF THE PROVINCE LAWS. 



Legislative 
Records of the 
Council, xvii.. 
Mis., 290. 

Mass. 
Archives, 
xlvii., 317. 
Legislative 
Records of the 
Council, 
xvii. (3), 19. 
House .Jour- 
nal, pp. 19, 20. 
Post, p. 40, 
chap. 63. 



In the House of Representatives 

Voted that it is necessary a New impression of the Province Laws 
be made as soon as conveniently may be. 

That all laws as are expired, have been disallowed or repealed, be 
left out of said impression. 

That a Committee be appointed by this Court, who shall carefully 
revise the Laws of this Province, shall make a good and correct 
Alphabet, insert proper marginal notes and references, agree with 
some person upon the best terms to undertake printing the same, 
at the charge of the Province; and shall correct the press, who 
shall be paid for their service as this Court shall judge proper. 

That one book be delivered to each Town in the Province, to each 
member of this Court, and to such of the public Officers as has here- 
tofore been Customary. 

That Judge Dudley with such as the Honourable board shall join 
be a Committee for the service above mentioned. 

In Council Read & Concurred [and Samuel Danforth Esq"" is joined 
in the affair.] * [Passed July 18.^ 

' Inserted from Legislative Records of the Council, xvii. (3), 19. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (2), and ibid., Mis., the date is July 17. 



[1st Sess.] Pkovince Laws (^Resolves, etc.). — 1741-42. 17 



CHAPTER 11. 

ORDER REVIVING WITH NOTICE THE PETITION OF EDWARD WINSLOW 

ESQ«. 

On THE Petition of Edward Winslow Esq' [Province Laws, xii., Rlfor^g^oft^e 
742, chap. 185] council, 

Read, and at the motion of the Petitioner by his Memorial ; xvn. (3), 2o. — 

Ordered that this Petition be revived, and that the Petitioner ^a"]"pp!'2o"43, 
serve the adverse party the said Giles Ivemy with a Copy of this t)9, H. Pr'ov- 
Petition, that he shew cause, if any he hath, on Tuesday the twenty xii., 742, ' 
eighth of this instant July why the prayer thereof should not be ^^^'^' ^^' 
granted, & execution is staid in the mean time.' [Passed July 18. 



CHAPTER 12. 

ORDER ERECTING A PART OF NORTHAMPTON INTO A SEPERATE 

PRECINCT. 

A Petition of Jonathan Miller and others Inhabitants of a tract Legislative 
of Land belonging to the Town of Northampton very distant from councif,^ 
the Meeting house which was intended for a Precinct; and for as M^.i'g's^^^'^^' 
much as the said Town of Northampton and the Proprietors of the Archives, 

Lands included in the said Tract, have consented to the said Tract "''"^'' ^ ^' 

of Land being made a separate Precinct ; therefore Praying that this Archives, 
Court would order that they be made a Precinct by the Bounds par- ^^^ Ys'iatwe 
ticularly mentioned. Records of the 

Read and in answer to this Pet° m^S-''^""' 

Ordered that the following part of the said Town of Northhamp- House .lour- 
ton be and hereby is set off a seperate and distinct Precinct by the 
bounds hereafter mentioned Viz*^ Bounded on the South by Westfield 
Bounds. East by the Country Road. North by Prop" Lotts in the long 
division, (so called) West by Country land, to gether with the In- 
habitants thereon and are hereby Vested with the Powers and Priv- 
iledges which other Precincts within this Province do or by Law 
ought to enjoy. 

Also 

Voted that there be a Tax of three pence ^ Acre per Annum for 
the two succeeding Years upon the Land of the Prop''* (being about 
fourteen thousand Acres) to enable the s'' Inhabitants to build a 
Meeting House and settle a Minister. [Passed July 18. 



CHAPTER 13. 

ORDER REVIVING WITH NOTICE THE PETITION OF ROBERT AND 
GEORGE HEWS FOR STAY OF EXECUTIONS. 

A Memorial of Robert and George Hews; praying that their Legislative 
Petition for staying Executions obtained against them by Nath^ councu^ '^^ *^^ 
Cunningham [Province Laws, xii., 737, chap. 174] may be revived, xvu. (3)', 22. 
it being discontinued by the Dissolution of the General Court. House Jour. 

T> 1 1 nal, pp.23, 45, 

Iteaa ana 69. Province 

' At the hearing August 29, 1741, House Journal, p. 74, this petition was dismissed. 



18 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 14, 15.] 



Laws, xii., 737, 
chap. 174. 



Ordered that the Petition within refer'd to be revived and that 
the Memorialists serve the adverse party with a copy of this Memo- 
rial, that he give in his answer to the said Petition on Tnesday the 
twenty eighth Instant, and that the executions mentioned in the 
Petition be staid in the mean time. [^Passed July 20. 



CHAPTEE 14 



Legislative 
Records of the 
Council, 
xvii. (3),23. 
Mass. 

Archives, xli., 
609. 

Mass. 

Archives, xli., 
607. House 
Journal, p. 24. 



ORDER OF NOTICE ON THE PETITION OF JOHN BRIGGS TO BRING FOR- 
WARD A WRIT OF REVIEW. 

A Petition of John Briggs of Dartmouth in the County of Bris- 
tol, Shewing that at the Inferior Court of Common Pleas for said 
County he commenced an Action of Trespass against Enos Clifford 
and others of Dartmouth and recovered Judgement against them, 
from which both parties appealed to the Superior Court, who con- 
firmed the Judgement in part ; that the Petitioner would have brought 
his Writ of Eeview but was prevented by the pretences of the other 
party to accommodate the matter in difference, who while the mat- 
ter was almost accommodated, in a clandestine manner took out their 
Writ of Review and got it served on the Petitioner, the very last day 
when it was too late for the Petitioner to take out his Writ; And 
therefore Praying that he may be impowered to bring his Writ of 
Eeview of the said Action to the next Superior Court for the County 
of Bristol, and that the Execution on the Judgement the said Gif- 
ford and others have recovered against him, on their Writ of Eeview 
at the last Court, may be staid in the mean time. 

Eead and 

Ordered that the Pef serve the x\dverse Party the said Enos Gif- 
ford with a copy of this Pet" that he shew cause (if any he have) on 
the first fryday of the next Sitting of this Court why the prayer 
thereof should not be granted and Execution within mentioned is 
stayed in the mean time. \^Passed July 21. 



CHAPTER 15. 



Legislative 
Records of the 
Council, 
xvii. (3), 24. 
Mass. 
Archives, 
xvii., 809. 

Mass. 
Archives, 
xvii., 808. 
Legislative 
Records of the 
Council, xvii., 
Mis., 289. 
House Jour- 
nal, p. 20. 
Province 
Laws, ii., 197. 



VOTE IMPOWERING AND DIRECTING M^ EZEKIEL GOLDTHWAIT REG- 
ISTRAR OF DEEDS TO CERTIFY RECORDS. 

A Petition of Ezekiel Goldthwait Eegister of Deeds for the 
County of Suffolk ; praying that he may be impowered to sign the 
Books of the Eecord of such Deeds as were left unrecorded or 
the Eecord unattested by the two last Eegisters M"" Ballantine and 
M"" Gerrish. 

[Eead and] 

Voted that M-" Ezek^ Goldthwait Eegister of Deeds for the County 
of Suffolk be Enabled & Directed to Certify the Record of the Deeds 
he found in the Office (and has since recorded) according to the time 
of their Eeception into the Office noted on the said Deeds, and that 
the Eecord of the Deeds Entred in the Books, but the Books not 
Attested Either by John Ballantine Esq"" the former Eegister or M-^ 
Sami Gerrish the late Register, be Compared with the Original by 
the said M-^ Goldthwait & by him be Certifyed & such Attestation 
is hereby declared Good & Valid. [^Passed July 21. 



[1st Sess.] Province Laws {Resolves, etc.). — 1741-42. 19 



CHAPTER 16. 

ORDER OF NOTICE ON THE PETITION OF THE INHABITANTS OF NORTH 

YARMOUTH. 

A Petition of the Proprietors and Inhabitants of North Yar- Legislative 
mouth, Praying that this Court would set aside their Order passed counctf ^* *^^ 
ill June 1740, on the Petition of Adam Winthrop Esq"' and others xvii.(3)',26. 
(styling themselves) Proprietors of Merriconeag Neck; forasmuch Archives, 
as the Petitioners had their Answer ready but were hindered by the cxiv., 659. 
Providence of God from putting it into the Court in due Season, ^^.^b 
and that their answer may be received. cxiv., ess'. 

Eead and ^ nai,pp.26,29. 

Ordered That the Petitioners Serve Adam Winthrop Joseph Wads- Province 
worth and Job Lewis Esq" M'' Henry Gibbs and Belcher Noyes with chap. '35. '" ' 
a Copy of this Petition that they may shew Cause if any they have 
on Eriday the twenty fourth of July Inst*^ ' why the Prayer thereof 
should not be granted. \^Passed July 22. 



CHAPTER 17. 



ORDER ALLOWING JAMES BOWDOIN ESQ" AND DAVID INGERSOL FUR- 
THER TIME FOR PERFORMING THE CONDITIONS OF A GRANT. 

A Petition of James Bowdoin Esq' and David Ingersol Shewing Legislative 
that they desisted from settling their Eights in Upper Housatanuck Records of the 
in compliance with the Orders of this Court, and therefore Praying xvii. (3)', 27. 
for further time, and that this Court would declare the grants of House Jour- 
those persons who have intruded on the Petitioners Rights in said prov^ncl^' ^*' 
place forfeited, unless they will give the Petitioners possession of Laws, xii., 459, 
their land. S'hS.'vs. 

[Read and] 

Voted that inasmuch as it appears that the Petitioners desisted 
their settlements of the lands, in their Petition refer'd to, at the 
request of the Committee of this Court, and so have not fulfilled 
the conditions of their grants and the time for the fulfilment thereof 
being expired, that they be by this Court enabled and entitled to 
have and hold the same in all respects in such manner as they did 
and might do before the term for the fulfilment of their Grants was 
expired, & that there be a further term of two years from this Day 
allowed them to perform the Conditions of Settlement by this Court 
enjoyned them. And whereas it appears that divers Persons have 
entered into and hold the Petitioners out of Possession of such lands 
as have been granted & laid out to them and others under whom they 
claim the same, whereby they are and have been obstructed in their 
Settlements thereof, and that on the first day of May 1738 they were 
ordered by this Court to surrender and deliver possession thereof to 
the rightful Owners, and in case of such their neglect, to forfeit 
their Rights to such lands in said Township as had been granted to 
them or others under whom they held the same, the conditions of 
which Rights or Grants had not been fulfilled; that therefore their 
said Grants be by this Court declared utterly nidi & void, and the 

' At the hearing July 24, House Journal, p. 29, a committee was appointed to consider 
the case and report. 



20 



Provixce Laws {Resolves, etc.). — 1741-42. [Chaps. 18, 19.] 



same revert to the Province, unless they surrender and deliver up 
possession of such lands as are claimed by and have been laid out 
to the Petitioners or others under whom they claim, within ten days 
after notice given them by the Petitioners of this Order : and in case 
of neglect, that the Petitioners be fully authorized and impowered 
to bring and prosecute their Actions for the recovery of Possession 
of the same, as fully as if they had to all intents and purposes 
fulfilled the terms and conditions of their grants: And that the 
Committee called the Settling Committee for said Township be 
and hereby are fully authorized to give authenticated copies of all 
grants and other their Proceedings for the bringing forward the 
Settlement of the said Township : But if those Persons above men- 
tioned who are now in possession of the land of the Petitioners 
shall within ten days as aforesaid surrender up to them peaceably 
the said Land, that then they shall also have a further term of two 
years from this time to perform the conditions of Settlement en- 
joined them on their own grants. ^Passed July 22. 



CHAPTEK 18. 



ORDER OF NOTICE ON THE PETITION OF THOMAS GRAY TO BRING 
FORWARD A WRIT OF REVIEW. 



Legislative 
Records of the 
Council, 
xvii. (3), 30. 
Mass. 

Archives, xli., 
694. 

Mass. 

Archives, xli., 
693. House 
Journal, p. 25. 
Province 
Laws, xii.,704, 
chap. 86. 



A Petition of Thomas Gray, Shewing that agreable to the Order 
of this Court pass'd on his Petition preferred to the Court in June 
1740 he brought his Writ of Eeview of an Action between him and 
Kenelm Winslow at the Superior Court of Judicature held at Barn- 
stable in April last, in which Writ were recited the words of the 
Order of the General Court, and because the Style of the Superior 
Court was not exactly mentioned, the Justices of the said Court 
were pleased to abate the Petitioners Writ ; And therefore Praying 
that he may be impowered to bring a new Writ of Eeview at the 
next Superior Court at Barnstable, and that the Title of the Court 
may be given according to the express words of the Law. 

Eead and 

Ordered that the Pef serve the adverse Party the said Kenelm 
Winslow with a copy of this Pet" that He shew cause (if any he 
hath) on the first fryday of the next sitting of this Court why the 
prayer thereof should not be granted. \_Passed July 24. 



CHAPTER 19. 

ORDER OF NOTICE ON THE PETITION OF THE INHABITANTS OF THE 
WEST PART OF LEICESTER FOR RELIEF FROM A TAX. 



Rifords'of the ^ PETITION of the Inhabitants of the Westerly Part of the Town 
Council, of Leicester, Shewing that by reason of their remoteness from the 

Mass.^^^'"'^^" Meeting House in the Easterly Part they liave been obliged to build 
Archives, xii., ^^ Meeting House for their own accommodation, and are at the charge 

^-^^ of supporting a Minister, notwithstanding which they are taxed for 

Archives, xii., the repairs of the Easterly Meeting House; praying that they may 
journ^i°"f.^29. he discharged from paying the said Tax. 
Eead and 



[1st Sess.] Province LiXwb (^Resolves, etc.). — 1741-42. 21 

Ordered that the Pef'^ serve the Easterly part of the Town of 
Leicester with a copy of this Petition that they shew cause (if any 
they have) on tuesday the fourth of Aug'' next if the Court be then 
sitting if not on the first tuesday of the next sitting of this Court 
why the prayer thereof should not be granted, \^Passed July 24. 



CHAPTER 20. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE GLOUCES- 
TER 18T PARISH AFFAIR. 

The Committee to whom was refer'd the Petition of Nathaniel Legislative 
Coit and others Inhabitants of the Northerly part of the first Pre- councif,^ 
cinct in Glocester, have fully heard the parties, perused the sev- Ma^s^^^'^^' 
eral papers in the case, and particularly a Plan of said Precinct Archives, 

taken by Order of this Court, and it appearing to us that the new 2£^ii^l:i_j 

Meeting House in said Parish is not erected in the place proposed Refordfof the 
and agreed on by the Precinct, as most commodious for the Inhabi- Council, 

V . ■ XVll. (o), 10. 

tants in general, but in a place further distant from and less con- House Jour- 
venient for the Petitioners, as also that said House was there erected province^' ^^' 
by a small number of the Inhabitants in the Southerly Part of the Laws, xii., 731, 
Parish without the allowance or consent of the Precinct or any au- 
thority whatsoever: We are therefore humbly of Opinion that if 
the Non Petitioners in said Precinct do not within twelve months from 
the end of the present Session of this Court remove the said House 
to the place assigned and agreed on by the Precinct, or the Precinct 
erect an other House there, convenient, to meet in for the publick 
Worship of God, that then and in such case the Petitioners and 
their Associates, together with their Estates in the Northerly Part 
of the said Parish be erected into a distinct and separate Precinct, 
agreable to their Petition, unless the Inhabitants of the said first 
Precinct shall within the term aforesaid agree to have the Worship 
of God carried on in both the Meeting Houses (already erected) at 
the same time, and to settle an other learned and Orthodox Minis- 
ter there to assist the Eev'^ M'' AVhite in carrying on the same; the 
two Ministers to preach in the Old and New Meeting Houses inter- 
changeably and by turns or otherwise as they shall agree. 

The said Committee are further of opinion that in the mean time 
the Petitioners have liberty to meet in the old Meeting House for 
the publick Worship of God, and be excused from all charge for the 
support of the Rev*^ M"" White, provided they maintain constant 
preaching in said House. All which is humbly submitted 
In the Name and by Order of the Committee 

Sam'' Danforth. 

Read and 

Ordered that the Report be accepted. \Passed July 24. 



22 



Province Jjaws (Besolves, etc.). — 1741-42. [Chaps. 21, 22.'] 



CHAPTER 21. 



ORDER ALLOWING EBENEZER WILDER TO FILE A DECLARATION. 



Legislative 
Records of the 
Council, 
xvii. (3), 70. 
Mass. 
Archives, 
xvii., 812. 

Mass. 
Archives, 
xvii., 810. 
Legislative 
Records of the 
Council, xvii., 
Mis., 291. 
House Jour- 
nal, p. 27. 



A Petition of Ebenezer Wilder of Lancaster; Shewing that he 
purchased of Sarah Eogers one moyety of two messuages and two 
Acres of Land in Boston that the Executors of Simon Eogers dec'' 
recovered possession of the said Estate upon a Mortgage formerly 
made to the said Eogers, unless payment be made of the sum due 
thereon ; that the Petitioner tendered the said sum, but the Execu- 
tors refused it; and thereupon in October last he filed his Declaration 
ill the Clerks Office of the Superior Court for recovering Possession 
of the Premisses, but it was dismissed for some Defect in the Ser- 
vice ; And therefore Praying that he may be enabled to file his s'' 
Declaration at the next Superior Court and the Court may be im- 
powered to proceed thereon, notwithstanding the expiration of the 
time limited by Law, that so the said Executors may be obliged to 
surrender the premisses upon payment of the money. 

Eead and 

Ordered that the Prayer of the Pet" be granted and the Pef is 
allowed to file a declaration accordingly. [Passed July 24.'^ 



CHAPTER 22. 



ORDER ON THE PETITION OF WILLIAM WHEELER JR. FOR STAY OF 

EXECUTION. 



Legislative A PETITION of William Wheeler Jun'" of Boston ; Shewing that 

Records of tii6 

Council, Stephen Eogers of Boston aforesaid has recovered Judgement against 

xvii. (3), 12.35. j^^^^ j^^ ^j^g Superior Court of Judicature for the County of Suffolk 
mii'^Tfp^i2'^30. ^o^' ^^^® ^^^"^ ^^ £123, 3. 2 and that the Petitioner has recovered divers 
Judgements against the said Eogers at the Inferior Court for said 
County, to the amount of £132. 5 which the said Eogers suffered 
to go against him by Default, but has appealed to the next Supe- 
rior Court, but forasmuch as the said Eogers is in very low circum- 
stances ; Therefore Praying that the said Eogers's Execution may be 
staid till the Petitioner can take out his Executions against Eogers, 
on his Judgements, that so they may be set off against each other. 

Eead, and it appearing that the adverse party has been served 
with a Copy of this Petition but no answer is given in: 

Ordered that the prayer of the Petition be so far granted as that 
the Execution against the Petitioner within mentioned be staid until 
the end of the Superior Court to be holden at Boston in August 
next. [Passed July 25. 

• This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (3), the date is August 8. 



[1st Sess.] Province Laws {Resolves, etc.). — 1741-42. 23 



CHAP TEE 23. K^Xo7the 

Council, xvii., 
Mis., 291. 
ORDER DIRECTING THE COMMITTEE ON INDIAN AFFAIRS TO RENDER Mass. 

AN ACCOUNT OF THEIR PROCEEDINGS. xxxi^^llia 

Voted that those Gentlemen who have been appointed by this Rlfords'of the 
Court to be aiding and assisting the Indians in the sale of Lands, ^^fj°^^^; 35 
or Improvement of the money upon such sale, be directed to render House jbur- 
an Accompt of their proceedings therein to this Court at the next prl^^^nce 
Fall Session. [Passed July 25. S'le""'"^^' 



CHAPTEE 24. ^^^1^^, 

Council, xvii., 

VOTE IMPOWERING MAJOR SAMUEL SEW ALL TO SURVEY AND LAY Mass. 

OUT 500 ACRES OF LAND. Archives, 

xlvi., 119. 



Voted that Major Samuel Sewall be and hereby is allowed and Refords^of the 
impowred by a Surveyor and Chain Men on Oath to lay out five Council, 
hundred acres of the tlnappropriated Lands of the Province to sat- House jbur- 
isfie a grant made to the Heirs of Maj' Sewal late of Salem dec'd proV'^nce 
in the year 1738. He to return A Plat thereof to this Court within Law^s.^xii., 501, 
twelve months for confirmation. \^Passed July 27.^ 



chap. 61. 



CHAPTEE 25. 

VOTE IMPOWERING JOSEPH GREEN, ISAAC WALKER, BYFIELD LYDE 
AND JOHN GREEN TO SURVEY AND LAY OUT 8,575 ACRES LAND. 

Voted that Joseph Green and Isaac Walker Byfield Lyde and John Legislative 
Green be allowed by a Surveyor and Chain men on oath to lay out councif, xvii., 
eight thousand five hundred and seventy five acres, to compleat a JJjass^^*' 
Grant of ten thousand five hundred and seventy five Acres made Archives, 

to them Anno 1739 in any of the unappropriated lands of this Prov- ^:^^ — _: 

ince not to exceed three pieces, and to be laid adjoyning to some Rlfords'of the 
Township or former Grant to be laid in regular forms so as not to ^^H^^ll' gg 
incommode lands suitable for Townships and that they be allowed House Jour, 
a further term of twelve months from this day to survey and return pro^^nce*' ^^' 
a Plan or Plans thereof to this Court for confirmation. \ Passed Laws, xii., 646, 
July 27. '"''''•'''• 



CHAPTEE 26. Legislative 

Records of the 
Council, xvii., 

VOTE ALLOWING £250 TO THE COMMITTEE ON THE RHODE ISLAND Mass's '^^^' 

BOUNDARY. Archives, vi.. 

569. 



"Whereas there is a Surpluss of the Seven thousand two hundred Mass. 
pound Appropriation remaining in the hands of the Treasurer. 569. Leg'isia- 

Voted that two hundred and fifty pounds part of the af ores'"* Sum **^® Records of 

1 This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (3), the date is July 24. 



21 



Province Laws {^Resolves, etc.). — 1741-42. [Chaps. 27, 28.] 



xviMsf^s?' ^® delivered to the Comm®'^ appointed upon the boundary Line 

House Jour, between this Province and the Colony of Ehode Island They to be 

Province' accountable for the same. And that the remaining part thereof be 

^hT%2'' ^^^' trausfer'd to the Appropriation for contingent charges. \^Passed 

Ante, p. 7, 
chap. 1. 



July 27. 



CHAPTER 27. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE MAN- 
AGEMENT or THE RHODE ISLAND AFFAIR, AND APPOINTING A COM- 
MITTEE TO APPEAL FROM THE DECISION OF THE COMMISSIONERS. 



Legislative 
Records of tlie 
Council, 
xvii. (3),37. 
Mass. 

Archives, vi., 
572. 

Legislative 
Records of the 
Council, 
xvii. (3), 29. 
House Jour- 
nal, pp. 27, 32. 
Province 
Laws, xii.,726, 
chap. 144. 



William Pepperil Esq" from the Committee of both Houses 
on the affair of the Boundary Line on Ehoad Island Government, 
gave in the following Keport : 

In obedience to the above Order ' we have considered the Eeport 
and Judgment aforsaid and are of Opinion that it is most expedient 
for this Province to appeal from the Judgment aforesaid and every 
part of it, to His Majesty in Council. 

In the Name and by Order of the Committee 

W** Pepperil. 

Eead & 

Ordered that this Eeport be accepted & that the Com*^^^ appointed 
to manage the Controversy within-mentioned, or a Quorum of them, 
seasonably attend, & enter an Appeal for this province from that 
determination & every part thereof accordingly. \^Passed Jidy 28. 



CHAPTER 28. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE LINE 
BETWEEN WOBURN AND BILLERICA. 



Legislative 
Records of the 
Council, 
xvii. (3), 89. 
Mass. 
Archives, 
cxiv., 546. 

Legislative 
Records of the 
Council, xvii., 
Mis., 292. 
House Jour- 
nal, p. 32. 
Province 
Laws, xii., 680, 
chap. 24. 



We THE Subscribers appointed a Committee to settle the Boun- 
dary Lines controverted between the Towns of Woburn and Billerica, 
more especially on the North East of the Country Eoad that leads 
from Billerica thro Woburn to Charlestown, after due notice given 
to all Parties, have attended that Service and met at the Place con- 
troverted; both parties by their Committees being present & fully 
heard; and began at a Wild Pear Tree standing in the Line of Col- 
lege Farms, an ancient Bound ; and from thence run South West- 
erly by the said College Farm to a White Oak Tree marked, so on 
the same course to an other White Oak Tree marked, (the corner 
of said Farm) still on the same course to a Black Oak Tree marked 
standing in a Fence on the Edge of a Hill at the Corner of Henry 
Breeds field ; which Bounds has been anciently and often renewed ; 
And from the said Black Oak Tree the Line continues the same 
point, crossing a Swamp to a White Oak Spreat with stones about 
it, standing at the Corner of Thomas Dilsons pasture, a Corner 
Bound ; from thence the Line turns and runs North Westerly about 
Seventy rods, to a Black Oak Tree standing by the side of the High- 
way (on the Easterly side of the same) an old Bounds often renewed, 
and mentioned in Shermans Eeport of running the Line the eigh- 
teenth of the third Month 1668, and from thence South Westerly 

» See Legislative Records of the Council, xvii. (3), 29. 



[1st Sess.] Province Laws (IiesoIve.-<, etc.). — 1741-42. 25 

by tlie old Bounds to Bedford Corner, and from the Wild Pear Tree 
first mentioned running North Easterly by the Old Bounds to Wil- 
mington Corner, as usually perambulated ; both Parties acknowledg- 
ing the two last mentioned Lines the true Bounds. All which is 
humbly submitted by your Excellencys and Honors most humble 
Servants 

Jos: Wilder } n j^ue 

Jus: Blanchard f 
Eead & 

Ordered that this Report be accepted, and that the whole Charge 
respecting the Affair be born by the Town of Billerica. [Passed 
July 28.' 

CHAPTEK 29. 

VOTE APPOINTING A COMMITTEE TO INQUIRE AS TO THE SATISFAC- 
TION OBTAINED BY QUAKERS AND OTHER SUFFERERS. 

In the House of Eep''^^^ Rlfjrds'ot- the 

Voted that M'' Cushing jVP Fairfield Maj"" Osgood Cap*^ Cheevers Council, xvu., 
and Cap Lawton with such as shall be Joyn'd by the Hon'^''^ Board Maes.^^*' 
be a Comm®® to inquire who were formerly sufferers as Quakers, or Archives, xu., 

on Ace* of the W^itchcraft, and what satisfaction has been made by ~-^-. — 

this Court to such sufferers. And report what in their Judgment may Records oi' the 
be proper to do thereon. xvil'^^s)', 39. 

In Council Eead & Concur'd and William pepperell, John Cush- kousej'our- 
ing, Samuel Danforth & John Greenleaf Escf* are join'd in the proVmce" 
Affair. [Passed July 29. S'wa!"^*^* 



CHAPTER 30. 

ORDER IMPOWERING HULDAH CARPENTER AS ADMINISTRATRIX TO 
SELL REAL ESTATE. 

A Petition of Huldah Carpenter of Eehoboth, Widow and Ad- Rgford^ofthe 
minist^ of the Estate of Comfort Carpenter dec'^ Shewing that she council, 
is impowered by the Justices of the Superior Court of Judicature Ma"s.^^^'*''' 
to sell the real Estate of the dec** for paying his debts, that since ^*T.'"^*^|' 

his decease his mother is dead, whereby her Dower is come to the ' — - — '- 

heirs of the deceased ; and therefore praying for liberty to sell that Archives, 
with the rest of the real Estate, for paying the Debts as also for LlgisiauVe 
sellinsr some lands that are come to said Heirs by their Aunt Elis^ Records of the 

T-i 1 T Council, xvii., 

Pecks decease. Mis., 296. 

[Eead and] naTp''^r'" 

Voted that the Prayer of the Petition be Granted & that the said Province 
Huldah Carpenter be fully Authorized and Impowered to make Sale ciiap!'io.'' ' 
of the whole Eeal Estate of the said Comfort Carpenter deced as 
well Two Third parts of Forty Eight Acres of Land lying in three 
parts with the Buildings thereon which was sett off unto his Mother 
Eliz'' Carpenter lately deceased, as lier Dower in her husband Josiah 
Carpenters Estate, As that part thereof that the said Comfort Car- 
penter was Seized & possessed off in his Lifetime in his own Eight 

' This date is according to Mass. Archives, the House Joxirnal and Legislative Records 
of the Council, xvii., Mis.; according to Legislative Records of the Council, xvii. (3), the 
date is July 29. 



26 



Province Laws {Resolves, etc). — 1741-42. [Chaps. 31, 32.] 



being fo r the payment of the jnst Debts of the said Comfort Car- 
penter deced. & agreeable to an Order of the Superiour Court of 
Judicature &° held at Bristol on the fourth Wednesday of October 
last. 

As also that the said Huldah Carpenter be fully Authorized & 
Impowered to make Sale at the same time of the other third part 
of the aboves'^ Forty Eight Acres of Land & Buildings thereon 
which belonged to Elizabeth Peck deced late Daughter of the said 
Josiah Carpenter deced, the Produce thereof to be let out at Li- 
terest for the Advantage of the Children of the Said Comfort Car- 
penter deced, who are by Law Entitled to the Same, She to give 
Sufficient Security to the Judge of Probate for the County of Bris- 
tol for Payment of the Said Principal Sum & Interest arising thereon 
when the Same shall be lawfully Demanded, And that She Execute 
in due form of Law a good Deed for Conveyance of the aforemen- 
tioned Estate of the said Comfort Carpenter, & Elizabeth Peck to 
Any person or persons that will give most for the Same, And that 
She in the Sale thereof Atten d th e Dir ections of the Law of this 
province Impowering Excors or admors to Sell Land & other Real 
Estate. [^Passed July 29. 



CHAPTER 31. 



Legislative 
Records of the 
Council, 
xvii. (3), 42. 
Mass. 
Archives, 
xxxi., 293. 

Mass. 
Archives, 
xxxi., 292. 
Legislative 
Records of the 
Council, xvii., 
Mis., 29.'). 
House Jour- 
nal, p. 33. 



VOTE ACCEPTING THE ACCOUNT OF THE HASSAMINISCO TRUSTEES. 

An Accompt presented by the Hon^^® Spencer Phips Esq'' Edward 
Goddard and Ephraim Curtis Esq" trustees for the Indians of Has- 
sanimiscoe, of their Eeceipts and Disbursem'^ for the said Indians, 
amounting to the sum of £119 ballance in their hands being £79. 7. 9. 

[Read and] 

Voted That the said Trustees be Discharg'd of the Sum of One 
Hundred & Nineteen pounds, & That they be further Accountable 
for the Sum of Eighty Three pounds. Eleven Shillings & Six pence, 
BalP® in their hands. \_Passed July 29. 



Legislative 
Records of the 
Council, 
xvii. (3), 42. 
Mass. 
Archives, 
xlvi., 121. 

Mass. 
Archives, 
xlvi., 120. 
Legislative 
Records of the 
Council, xvii., 
Mis., 298. 
House Jour- 
nal, p. 30. 



CHAPTER 32. 

ORDER OF NOTICE ON THE PETITION OF JOSEPH CROCKER AND OTHERS 
ABOUT A BOUNDARY LINE. 

A Petition of Joseph Crocker, Josiah Crocker & Josiah Fuller 
all of Barnstable, Shewing that the Petitioners have lands bordering 
on the Lands of the Indians of Mashpee, at a place called Satuet, 
and that there is a difference between them and the said Indians 
about the Boundary Line, and therefore to prevent contention in 
the law, praying that a Committee may be appointed by this Court 
to state and settle the said Boundary Line. 

Eead and 

Ordered that the Pet" serve Melatiah Bourn Esq"" with a copy 
of this Pet", with a direction that He shew the same to some of 
the principal Indians at Mashpa, that they shew cause (if any they 
have) on the first tuesday of the next Fall Session why the Prayer 
thereof should not be granted. \^Passed July 29. 



[1st Sess.] Province Laws {Resolves, etc.). — 1741-42. 27 



CHAPTEK 33. 

ORDER REFERRING THE PETITION OF JOSEPH BELKNAP FOR A NEW 
TRIAL OF A CAUSE. 

A Petition of Joseph Belknap of Cambridge in the County of Legislative 
Middlesex; Shewing that in the trial of a cavise between him and council^, ° 
Samuel Belknap of Woburn at the Superior Court of Judicature xvii. (3), 21, 43. 
for the said County in ' he had much wrong done him by unfair QaTppf2M7. 
practices in the choice of Jurors and in the caption of some Evi- 
dences, and therefore Praying that he may be impowered to have 
an other trial of the said cause at the Superior Court to be held 
for the said County in January next, and that Execution on the 
last Judgement be stayed in the mean time. 

Eead, together with the answer of Samuel Belknap, and it appear- 
ing that at the Superior Court of Judicature now Sitting at Cam- 
bridge all controversies between the Petitioner and the Eespondent 
are refer'd to a Rule of Court: 

Ordered that the consideration of this Petition be refer'd to the 
first Fryday of the next Sitting of this Court. \^Passed July 30. 



CTTAT)rnTriT> Q/j Legislative 

\± -A, r A. Hi n, 4:. Records of the 

Council, xvii., 
Mis., 2y9. 
VOTE ADDING JOHN READ AND ROLAND COTTON ESQ«« TO THE COM- Mass. 

MITTEE ON PUBLICATION OF THE PROVINCE LAWS. xlvii'.731^9. 



Voted that John Read Esq'' and M"" Roland Cotton be added to Archives, 
the Committee appointed to prepare a new Impression of the Laws L^gj^'iatYve 
of the Province as entred the 17^'' curr'. \ Passed July SO. Records of the 

L '' Council, 

xvii. (3), 44. 
House Jour- 

• nal, p. 36. 

Ante, p. 16, 
chap. 10. 

CHAPTEK 35. 

ORDER IMPOWERING THE ADMINISTRATOR OF THE ESTATE OF THOMAS 
TUPPER TO GIVE A DEED OF RELEASE. 

A Petition of Eliakim Perry Adminisf of the Estate of Thomas Legislative 
Tupper late of Stoughton in the County of Suffolk dec*! Shewing ^^Sncfi!"**^^ 
that one Joseph Pierce being imprisoned (by an Execution taken xvii. (3), 44. 
out by the said Tupper) for the sum of £53. 4. 4 gave a Deed of Archives, 
one half of Eight Acres of land and a Mill Dam and Stream in xvii., 792. 
Rochester to the said Tupper, which Deed was given only for secur- ^^t^b 
ity of the said Debt; and therefore praying that he may be impow- xvu., ts'j! 
ered to give a Deed of Release of the Premisses to Joseph Haskel Ricords'of'the 
of Rochester (to whom the said Pierce gave a Deed of the said lands ^/(""^'j's''^^"'' 
and premisses since the first) upon payment of the debt due to Tup- House Jour- 
pers Estate. nai,p.35. 

Read and 

Ordered that the said Eliakim Perry Adm'' to the Estate of the 
s"^ Thomas Tupper dec'' be and hereby is enabled to release convey 
and confirm the land and premisses within mentioned to the said 

1 The House Journal, p. 20, reads, " Charlestowyi.'^ 



28 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 36, 37.] 



Joseph Haskell His Heirs and Assigns forever. He paying and dis- 
charging the Sum with Lawful In' for the same for which tlie same 
was conveyed as Security to the said Tupper. {^Passed July 30. 



Legislative 
Records of the 
Council, xvii., 

Mis., 299. 
Mass. 
Arcliives, 
cxiv., 661. 

Legislative 
Records of tlie 
Council, 
xvii. (3), 30,47. 
House -Jour- 
nal, pp. 11, 33. 
Ante, p. 19, 
chap. 16. 



CHAPTER 36. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI- 
TION OF NO. YARMOUTH PROPRIETORS. 

The Committee to whom was referred the Petitions of tlie Pro- 
prietors of North Yarmouth, & the Proprietors of Merriconeag 
Neck & of Sabasca Degaii Islands (as they style themselves) hav- 
ing met & fully heard the parties are of opinion that the Proprie- 
tors of North Yarmouth really designed to make answer to the 
petition of Adam Winthrop Esq"" & others preferred to the General 
Court y'^ 28*'' of May 1740 praying that s"^ Neck might be annext 
to Brunswick as sett forth therein And altho' they had prepared 
their answer, by accident it miscarried & so the Hnble Court jjro- 
ceeded & annext s'' Neck with the Inhabitants to Brunswick, 

Wherefore we apprehend the Orders of Court relating thereto 
ought so far to be superceded as that the Town of North Yarmouth 
be admitted by their Agent now to make answer to said Petition 
& be heard thereon, so that a full consideration of the Petition may 
be had by this Court, And that the consideration of the other peti- 
tions aforesaid which have a near relation thereto be suspended in 
the mean time The said Proprietors Agent first notifying Adam 
Winthrop Esq'' of this Eeport & Order thereon. 

All which is Humbly submitted By Jer. Moultox, 

by Order. • 

Eead & 

Ordered that this Eeport be accepted. {^Passed July 31. 



CHAPTER 37. 



Legislative 
Records of the 
Council, 
xvii. (3), 49. 

House Jour- 
nal, p. 38. 
Province 
Laws, xii., 644, 
chap. 170. 



ORDER OF NOTICE ON THE PETITION OF JOSEPH FASSETT ADMINIS- 
TRATOR. 

A Petition of Josiah Fasset of Bedford, Administrator of the 
Estate of Josiah Fasset his father deceased, ShcAving that the Com- 
missioners of the £100,000 Loan for Middlesex in adjusting a debt 
of his said Fathers, have made a considerable mistake, to the dam- 
age of the said Estate, And therefore Praying that this Court would 
inquire into it and rectify the same. 

Eead and 

Ordered that the Petitioner serve the Commissioners of the One 
Hundred Thousand Pounds Loan for the County of Middlesex with 
a Copy of this Petition, that they give answer thereto on the first 
Fryday of the next Session of this Court, and that the Commis- 
sioners be directed to give attested Copies of all Eeceipts and Entries 
in their Books, relating to that affair. {Passed July 31. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1741-42. 29 



CHAPTER 38. 

ORDER ALLOWING JOHN GREEN £10 PER ANNUM IN ADDITION TO THE Legislative 

£5 PREVIOUSLY GRANTED. Records of the 

Council, 
xvii. (3), 49. 

A Petition of John Green, of Brookfield; Shewing that his ^'r^f^iyes 
Pension of Five Pounds per Annum, in consideration of his being ixxii., 564. 
wounded in the publick Service against the Indian enemy, is too Mass. 
small for his relief; And therefore praying that this court would tx^lf^^t&l. 
make an addition thereto ; ^^s^^l^^"^,®*, 

„ -, -, ' Records of the 

Kead and couQcii.xvu., 

Ordered that there be an addition of ten pounds <gj Annum added Hmise Jour- 

to the five pounds already granted to the Pef till the further Order "'i'. i?- s^. 

of this Court. [Passed July SI. Laws, ix., 96, 

"- "^ chap. 122. 



CHAPTER 39. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF THE KETTI- 

CUT INDIANS. 

A Petition of Nehemiah Abbat and others Indian Proprietors Legislative 
of Ketetticut in the County of Plymouth ; Shewing that one Edward counc*if °* ^'^^ 
Mitchel of Bridgwater brought an Action against them for ^ome of xyi. (3)', i5, 50. 
their Land at Ketiticut, that the Petition" recovered Judgem* against Archives, 
him at the Inferior Court of Common Pleas, from which the said xxxi.,3is. 
Mitchel appealed to the Superior Court, but died without prosecut- ^^re^ives 
ing the Appeal, so that the Petitioners have lost their costs ; since xxxi., 317. 
which time Nehemiah Washburn Israel Washburn of Bridgwater nai^^pp. imt- 
and James Boyce of Middleboro, on the pretended right of the 
said Mitchel, have entered upon the Petitioners lands, and taken 
their fields and orchards out of their hands, and made great strip 
and wast of their Timber; And therefore Praying that this Court 
would appoint some proper Persons to defend the Petitioners titles 
and prosecute the Trespassers on their Lands. 
In Council 

Eead, together with the answer of Nehemiah Washburn and 
others, and 

Ordered That John Cushing Esq"^ with Such as shall be join'd 
by the honble House, be a Committee to inquire into the matter of 
Complaint mention'd in the Petition, as also what is Suggested by 
the Respondents in their answer, and report to this Court, at their 
Fall Session what they judge proper to be done thereon the Charge 
to be born as this Court shall order. 
In the House of Rep^'^" 

Read and concur^d and Cap* Hall and M"" Foster are Joyned in 
the Affair. [Passed July 30.' 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council, xvii. (3), the date is August 1. 



30 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 40-42.] 



CHAPTER 40. 



Legislative 
Records of the 
Council, 
xvii. (3), 51. 
Maps aurt 
Plans, Mis., 
XXXV., 20. 

Maps and 
Plans, Mis., 
XXXV., 20. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 301. 
House Jour- 
nal, pp.35, 41. 
Province 
Lavrs, ix.,235, 
chap. 4. 



ORDER CONFIRMING A PLAT OF THE TOWN OF DEERFIELD. 

A Plat of the Town of Deerfield including the Additional Grant 
made in the year 1712, which Additional Grant begins at a large 
Chesnut Tree at the Country Farm (so called) which is the North 
West Corner of the Seven miles square already confirmed; running 
thence West sixteen hundred and seventy Perch to two large White 
Oak Trees standing close together mark'd ; thence running South 
19.° 00' West three thousand eight hundred & sixty Perch to a 
great Hemlock Tree mark'd with Stones about it ; thence East six- 
teen hundred and seventy Perch to the South West Corner of the 
said Seven miles Square; thence along by the said Seven Miles 
North 19°. 00' East three thousand eight Hundred and sixty Perch 
to the Chesnut Tree first mentioned: The whole of both Tracts 
containing 69,480 acres, Surveyed by Tim*' Dwight Esq'' and Chain 
men on Oath. 

Read and 

Ordered that this Plat be accepted provided the land therein 
delineated and described exceed not the Quantity of the Grant 
and does not interfere with any former Grant. \^Passed Augiist 3. 



CHAPTER 41. 



Legislative 
Records of the 
Council, 
xvii. (3), 52. 



Archives, cii., 
182. 

Mass. 

Archives, cii., 
181. Legisla- 
tive Records 
of the Council, 
xvii.. Mis., 300. 
House Jour- 
nal, p. 41. 



ORDER ALLOWING 30/ TO ASA HUNT. 

A Declaration of Asa Hunt of Duxbury made upon oath before 
one of His Majestys Justices of the Peace, importing that he acci- 
dentally drop'd a Thirty Shilling Bill of this Province into the Sea 
at about a quarter of a mile from the Shore, it being in his pocket 
book, and the Sloop oversetting in his voyage from Boston. 

[Read and] 

Ordered that Asa Hunt within named be allowed to recieve thirty 
Shillings out of the Treasury. [^Passed August 3. 



CHAPTER 42. 

ORDER CONFIRMING LAND IN EXCESS OF THEIR GRANT TO THE TOWN 

OF SHEFFIELD. 



Legislative 
Records of the 
Council, 
xvii. (3), 52. 
Mass. 
Archives, 
cxiv., 619. 

Mass. 
Archives, 
cxiv., 617. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 303. 
House Jour- 
nal, pp. 30, 36. 



A Memorial of David Ingersol in behalf of the Town of Shef- 
field, Setting forth that the Plat of the said Town herewith exhib- 
ited doth some thing exceed the quantity granted, and the means 
by which it has happened that some of the Inhabitants have ex- 
tended themselves beyond their proper limits, and Praying that the 
said Plat may be accepted & confirmed notwithstanding the overplus 
measure. 

Read and 

Ordered that the Prayer of the Pet" be granted. And that the 
Lands delineated and described in the Plan within refer'd to, taken 



[1st Sess.] Province Laws {Itesolves, etc.). — 1741-42. 31 

by William Chandler be confirmed to tlie Prop""" of the Town of £^°^g^°^? ^28 
Sheffield according to their respective interest in said Town, and chap.Vifxii.,' 
to their Heirs and Assigns for ever, saving and excepting those 459,*'chap.^2i7. 
Lands that the Indians did heretofore reserve for their own Use. -?»*/»•«. cimp. 43. 
\^Passecl August 3. 



CHAPTER 43. 

ORDER CONFIRMING A PLAT OF THE TOWN OF SHEFFIELD. 

A Plat of Sheffield Township surveyed by William Chandler Legislative 
beginning at a White Oak Tree standing on the West Side of Hon- ^I'^^^l ""^ *'^® 
satannck River in the North Bounds of said Township and from xvii. (3)', 52. 
thence running three thousand and four hundred rods Southerly phinirMis., 

to the South Bounds, the South End of this Township measures -'^"•' '^^- 

strictly nineteen hundred and eighty two rods or six miles and sixty ^^^^ ^^y 
two rods; the North End was measured by Cpt Timothy Dwight and xxxvi'i., 30'.' 
Chain men under Oath, the wedth whereof is, by his Plan, sixteen f^j'^"'' '^^^^^' 
hundred and two rods. 

Read and 

Ordered that this Plat be accepted and confirm'd accordingly 
excepting those lands that the Indians did heretofore reserve for 
their own Use. [^Passed Aiigust 3. 



CHAPTER 44. 

ORDER IMPOWERING ANDREW OLIVER AS GUARDIAN TO PARTITION 

LAND. 

A Petition of Andrew Oliver Esq'' in behalf of his Son Andrew Legislative 
Oliver a minor. Shewing that his said Son is jointly interested with couucff °* *^^ 
M" Martha Allen as heirs of Thomas Fitch Esq'' in one thousand xvii. (3)', 53. 
acres of land at a place called Bedford, that the Proprietors of the Archives, 
whole Tract have voted to give part of the Land to encourage the xvii., tios, 807. 
Settlement, which the Petitioner cannot comply with without the as- ^rcM^es 
sistauce of this Court; and therefore Praying that as Guardian to his xvii., soe.' 
Son he may join with M' James Allen and his wife M" Martha Allen RefordsofVe 
in making Partition of the said Land, and also to dispose of one fifth ^ig "gjl^ ^'*'""' 
part of the said Land in order to promote the Settlement. House Jour. 

Read and nai, pp. 23, 31, 

Ordered that the Prayer of the Pet" be granted and that the 
Pef as Guardian to his Said son Andrew a Minor, together with 
the said James Allen and Martha his Wife be and hereby are fully 
authorized and impowred to Joyn and make Partition of the said 
Thousand Acres of Land by agreement. Which Agreement 

well executed and recorded in the registry of Deeds for the County 
of Hampshire where said land lyes shall be sufficient valid and good, 
to enable the said James Allen and Martha His Wife, and the said 
Minor their Heirs and Assigns to hold the same in severalty for ever. 

And that the s'^ Andrew the Pef be and hereby is fully Author- 
ized and Impowred to dispose and make sale of one fifth part of 
said Minor's Share in said lands pursuant to an Agreement of the 



32 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 45, 46.] 



Prop""' for that purpose, to enable him to bring forward the proper 
settlement thereof according to the order of the General Court ex- 
pressed in their Grant. \^Passecl August 3. 



CHAPTER 45. 



Legislative 
Records of the 
Council, 
xvii. (3), 55; 
ibid., xvil., 
Mis., 302. 

House Jour- 
nal, pp. 44, 45. 



ORDER FORBIDDING TRESPASS ON THE INDIAN LANDS AT CHRISTIAN 
TOWN, MARTHA'S VINEYARD. 

A Petition of the Indian Inhabitants of Okakamy or Christian 
Town in the Island of Marthas Vineyard; Shewing that there are 
some evil minded persons that cut down and dispose of large Quan- 
tities of their timber, So that they are in great danger of wanting 
both fencing and fire wood in a short time; and therefore praying 
that this Court would give such Orders as may remedy these evils. 

Read & in answer to this Petition, 

Ordered that all persons whatsoever be and hereby are forbidden 
from cutting, felling or destroying or carrying off any of the Tim- 
ber, Trees or Wood growing or being on the Common & undivided 
Land within the Town called Okakomy or Christian town in the 
Island of Marthas Vineyard, Excepting the Indian Proprietors of 
the said Land, and they only for their own use And John Allen 
Esq'' & M'' William Tilton are hereby Authorized & impowered as 
Agents in the name & behalf of the said Proprietors to prosecute 
in the Law all persons that shall cut, fell or destroy or carry off any 
of the said Timber, Trees or Wood, contrary to the true intent of 
this Order. \^Passed August 4. 



Legislative 
Records of the 
Council, 
xvii. (3), 56; 
ibid., xvii., 
Mis., 302. 

House Jour- 
nal, pp. 40, 43. 



CHAPTER 46. 

ORDER ON THE PETITION OF JOHN NORTON EXCISE COLLECTOR FOR 

DUKES COUNTY. 

A Petition of John Norton, Collector of the Duties of Excise 
in Dukes County; Shewing that the Excise Act not arriving in said 
County till after the time he should have been sworn and given Bond 
he has not yet been so qualified ; therefore Praying that this Court 
would give order that he may be qualified for collecting the said 
Excise. 

Read and in as much as the Petitioner received his Commission 
but failed of being sworn and giving bond as the Law directs ; 

Ordered that he be seasonably [sworn] ' and give sufficient Bond 
with suretys before two Justices of the Peace Quorum Unis ^ for 
that County for his collecting and paying the Excise for the year 
past to the province Treasurer at or before the last day of October 
next which shall fully Authorize and impower him to collect and 
pay the same as if he had given bond and been sworn to that Office 
before the time was expired. \^Passed August 4. 

1 Inserted from Legislative Records of the Council, xvii. (3), 56. 
» Sic. 



[1st Sess.] Province Laws {Resolves, etc.). — 1741-42. 33 



CHAPTEK 47. 

ORDER IMPOWERING JOSEPH AND HANNAH ROBINSON ADMINISTRA- 
■ TORS TO SELL REAL ESTATE TO PAY DEBTS. 

A Petition of Joseph Eobinson and Hannah Robinson Adminisf Legislative 
of the Estate of Joseph ' Robinson late of Falmouth in the County councif," 
of Barnstable; shewing that the Debts on the said Estate consid- m^^"s.^^^'®^' 
erably exceed the personal estate, that by reason of a casual mistake Archives, 
in their Accompts they miss'd the opportunity of the last Superior * '' '' 



Court for the said County of obtaining a licence for selling the Real Archives, 
Estate for paying the Debts; and forasmuch as the said Court will Le^isiatwe^^' 
not sit till April, next; therefore Praying that this Court would Kecordsofthe 
enable the Petitioner to sell the said Real Estate for paying the mis.?304.^^"'' 

Debts on it. Ho'i'se Jour- 

nal,pp.36,41. 
Read and Province 

Ordered that the prayer of the Pet" be granted and that the s*^ ^ha^!'ioV' ^^^' 
Joseph and Hannah have power to make sale of the Estate of s'^ 
dec"^ for the purpose set forth in the Pet"^ They giving Security to 
the Judge of Probate for the County of Barnstable that the over- 
plus (if any there be) be put out to Interest for the benefit of the 
Heirs. The Pet" observing the rule in the Law made for the sale of 
such Estates. [^Passed August 4. 



CHAPTER 48. 

ORDER IMPOWERING RUTH ROBINSON EXECUTRIX TO SELL REAL 
ESTATE TO PAY DEBTS. 

A Petition of Ruth Robinson Executrix of the last Will and R|fords"of the 
Testament of Joseph Robinson late of Falmouth in the County of Council, 
Barnstable dec*^ Shewing that the Personal Estate falls considerably Ma'ss.^^^'^"^' 
short of paying the Debts, that the Petitioner was not able to pro- ^vu""^' 

cure a Licence for selling the Real Estate at the last Superior Court — — '■ 

by reason of some accidental Error in her Accompt ; and therefore Archives, 
Praying for liberty from this Court to sell the said Real Estate that Legislative^^' 
she may be enabled to pay the Debts thereon. Kecordsofthe 

-n y , . 1 , Council, xvii.. 

Read and in answer hereto Mis., :?03. 

Ordered that the Pef have leave and power to make sale of the Su^ppfsMi. 
said Estate for the purpose set forth in the Pet° She giving Caution 
to the Judge of Probate for the County of Barnstable, and being 
accountable for the overplus (if any there be.) She observing the 
rule of Law made for the sale of such Estates. [Passed August 4. 



CHAPTER 49. 

ORDER appointing A COMMITTEE ON THE BOUNDARY BETWEEN 
BRADFORD AND BOXFORD. 

A Petition of the Lihabitants of the Town of Bradford, Shew- Legislative 
ing that by reason of the Records of the Town of Rowley being councur**''^ 

' Jabez, in Legislative Records of the Council, xvii., Mis., 304:, and the House Journal, 
p. 36, which probably is correct. 



34: 



Province Laws [liesolves, etc.). — 1741-42. [Chaps. 50, 51.] 



xvii. (3), 17, 57. 
Mass. 
Archives, 
cxiv., 671. 

Mass. 
Archives, 
cxiv., 670. 
Legislative 
Records of the 
Council, xvii., 
Mis., 305. 
House Jour- 
nal, pp. 18, 45. 



burnt, there is some difficulty to determine the Boundary Line 
between the said Town of Bradford and the Town of Boxford, 
both which were set off from Eowley; and tlierefore praying that 
this Court would appoint a Committee to run and settle the Divi- 
sional Line between the two Towns aforesaid. 
In Council 

Read, together with the Answer of the Agents of the Town of 
Boxford, and 

Orde red T hat Samuel Danforth Esq'' with Such as Shall be join'd 
by the honble House, be a Committee to repair to the Bounds between 
the Towns of Bradford and Boxford, hear the Parties, by a Surveyor 
and Chainmen on Oath renew and mark out the Boundaries between 
the two Towns, as near as they can agreable to antient Settlements ; 
and that they present a Plat thereof to this Court at the next Fall 
Session The Committee Seasonably to notify the Selectmen of 

the Said Towns of their coming and the Charge to be born as this 
Court shall order 

In the House of Rep"'^^ 

Read and concur'd and M'' Roland Cotton and Rob^ Hale Esq' 
are Joyned in the Affair. \^Passed Augtist 4. 



CHAPTER 50. 



ORDER SETTING OFF THE INHABITANTS OF MERECONEGE NECK FROM 
THE TOWN OF BRUNSWICK. 



Legislative 
Records of the 
Council, xvii., 
Mis., 307. 

House Jour- 
nal, p. 46. 
Province 
Laws, xii., 685, 
chap. 35. 



On THE Petition of the Proprietors of the neck of Land in Casco 
Bay in the County of York, called by the name of Mereconege Neck. 
[Province Laws, xii., 685, chap. 35] 

Read together with the answer of Ammi Ruhamah Cutter Agent 
for the town of N° Yarmouth, & the Matter being fully considered. 

Voted that the Order of this Court within written passed the 27*'' 
of June 1740, be & hereby is superceeded & set aside, and that such 
of the Inhabitants of the neck of Land within mentioned with their 
Estates as are consenting thereto, & shall give in their Names to the 
town Clerk of Brunswick, for that purpose, be & hereby are set off 
to the town of Brunswick so far as relates to the Ministry, Still ' the 
further Order of this Court, to do duty & receive priviledge accord- 
ingly. \^Passed August 5. 



CHAPTER 51. 



Legislative 
Records of the 
Council, 
xvii. (3), 59. 
Mass. 
Archives, 
cxiv., 596. 

Mass. 
Archives, 



ORDER CONFIRMING A PLAT OF A TOWNSHIP TO SAMUEL HUNT & 
OTHERS WITH A FURTHER GRANT OF 4,480 ACRES. 

A Petition of Thomas Wells Esq' Agent for the Proprietors of 
a Tract of Land granted to the Officers & Soldiers that were in the 
Fall Fight, so called ; Shewing that whereas their Grant was of the 
contents of Six Miles square, that quantity is diminished by reason 
of former grants to other persons, that the number of the Grantees 
happens to be more than was expected, and that a great part of the 

1 Sic. 



[1st Sess.] Province Laws (liesolves, etc.). — 1741-42. 35 

hind is rough and barren ; and therefore Praying for an Addition to cxiv., 594. 
tlie said Grant of a Gore of Land adjacent thereto, and tliat their puuisfMis., 
Plat may be accepted and confirmed. Le^iliaUve 

Eead and in answer to the within Pet" Records of the 

Ordered Tliat the Plat made by Nath' Kellogg May 4*'' 1736 of a m^s.^sos.''^"" 
tract of Land of the contents of six miles square to satisfie a gran-t ^^""ppl'g^^ge^ 
made by this Court to Sam' Hunt and the Otiicers and Soldiers that 4i. ' Province 
were in tlie Fight commonly called the Fall fight in Nov"" 1734 be cifap^'m-'sM, 
accepted and that the lands therein delineated and described be con- <=^^p- i*^^- 
firmed to the said Hunt and the Officers and Soldiers, and to such 
of the descendants of other soldiers that were in said Figlit (as are 
enumerated in a List returned to this Court and by them accepted 
in January 1736) and to their Heirs and Assigns respectively for- 
ever, exclusive of M' Fayrweather's Grant of five hundred Acres 
mentioned in the Plat, they performing the conditions of their 
Grant, provided the Piatt exceeds not the quantity of Six miles 
square, and does not inter [fere] ' with any former Grant. 

And inasmuch as it appears that Sam' Colby of Almsbury and 
Tryal Newbery of Maiden deceased were in s,^ Fight, and that 
neither they nor any of their Descendants were admitted to a 
Share in said Township that therefore there be a grant of two 
liundred and sixty four acres of Land made to Sam' Colby son of 
said Colby, and the like quantity of two hundred Sixty four Acres 
of Land to Nath' Newbery son of said Newbery to be first laid out 
to them in the Gore of Land mentioned in the Pet" by a Surveyor 
and Chain men on Oath and that the remainder of said Gore therein 
mentioned be granted to the present Prop" of s'^ Township to be 
to them their Heirs and Assigns forever. Provided said Gore ex- 
ceeds not the quantity of four thousand four hundred and eighty 
acres. Provided also that in case any small quantity of the 

abovementioned six miles shall be taken from the Prop" (by any 
means whatsoever) that there be no Equivalent made them there- 
for. [Passed August 5. 



CHAPTER 52. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF JOHN DODGE 
FOR RELIEF FROM JUDGEMENTS. 

A Petition of John Dodge of Wenham, Shewing that he was Legislative 
bound for the faithful Administration of Peter Hull on the Estate councn?**^^ 
of liis mother Mary * Hull dec"* and afterwards received a power of xvii. (3),32,6o. 

• . JVlJlSS 

Attorney from the said Adminisf by vertue whereof he received Archives, 

and paid many debts, and by Order of the Superior Court set up ^^"•' '^^^" , 

the Real Estate to sale, and none outbidding of him he bought it J^^^^f^i^es 
himself and gave his Note and Bond to the said Peter for the money xvu., 7%.' 
and paid the most of the produce for discharging the debts; After Records ^of the 
which the said Hull revoked the Petitioners Power and gave a Power jns^ln.^^""' 
of Attorney to Nathan Bowen, who has sued the Petitioner and re- House Jour- 
covered Judgment against him for tlie said Note and Bond, and the °^ 'PP* • 
Judge of Probate has likewise recovered Judgment against him as 
Bondsman for the said Peters Administration ; And therefore Pray- 
ing for relief from this Court under liis difficulties. 

In Council; Read together with the Answer of Thomas Berry 
Esq'' And 

> MS. mutilated. 

' "Sarah," in Mass. Archives. 



36 



Province Laws {Resolves^ etc.). — 1741-42. [Chaps. 53-55.] 



Ordered that John Gushing Esq"" with such as shall be join'd by 
the Hon*^^*^ House of Eepres^*^^ be a Comm^'^'' to consider what is 
proper for this Court to do on this Petition 
In the House of Rep''®^ 

Read and concur'd and D"" Hale and Cap' Leonard are Joyned in 
the Affair. [^Passed August 5. 



CHAPTER 53. 



Legislative 
Records of the 
Council, xvii., 
Mis., 306. 
Mass. 
Archives, 
cxiv., 587. 

Mass. 
Archives, 
cxiv., 585. 
Legislative 
Records of the 
Council, 
xvii. (3), 60. 
House Jour- 
nal, pp. 26, 46. 
Province 
Laws, xii., 741, 
chap. 184. 



ORDER SETTING OFF THE INHABITANTS OF SMALL POINT TO GEORGE 

TOWN. 

On the Petition of the Proprietors of a Point of Land adjoin- 
ing to George Town in the County of York called by the name of 
Small Point, lying on the Westerly side of Sagadehoc Eiver. 

Read, and 

Ordered that the Prayer of the Pet° be granted, and that the 
Pet" the Inhabitants there with their lands and Estates be and 
hereby are sett off from the Town of North Yarmouth and Annexd 
to the Town of George Town there to do duty and recieve priviledge 
accordingly. \_Passed August 6. 



Legislative 
Records of the 
Council, 
xvii. (3), 62; 
ibid., xvii., 
Mis., 309. 

House Jour- 
nal, pp. 32, 46. 



CHAPTER 54. 

ORDER ALLOWING THE ACCOMPT OF THE COUNTY TREASURER OF 

BARNSTABLE. 

An Accompt presented by Ebenezer Lewis Esq"" Treasurer of the 
County of Barnstable for the year 1740. having been laid before the 
Court of General Sessions of the Peace for the said County and by 
them allowed: 

Read & 

Ordered that the Within Accompt be allowed and the BalP® being 
One hundred & five pounds two Shillings and Seven pence the said 
Treasurers is further accountable to said County for. [Passed 
August 6. 



CHAPTER 55 



ORDER ALLOWING THE ACCOMPT OF THE COUNTY TREASURER OF 

YORK. 



Legislative 
Records of the 
Council, 
xvii. (3), 62; 
ibid., xvii., 
Mis., 310. 

House Jour- 
nal, pp. 32, 48. 



An Accompt presented by Jeremiah Moulton Esq' Treasurer of 
the County of York for the Year 1740. Having been laid before 
the Court of General Sessions of the Peace for said County and by 
them allowed: 

Read and allowed the ballance hereof being One pound and ten 
pence the County is accountable to said Treasurer [for].' [Passed 
Aiigust 6. 

1 Inserted from Legislative Records of the Council, xvii. (3) , 62. 



[1st Sess.] Peovince Laws {Resolves, etc.). — 1741-42. 37 



CHAPTER 56. 

ORDER ALLOWING THE ACCOMPT OF THE COUNTY TREASURER OF 

WORCESTER. 

An" Accompt presented by Benjamin Flagg Treasurer of the Legislative 
County of AVorcester for the year 1740; Having been laid before councu*^**^* 
the Court of General Sessions of the Peace for said County and xyii. (3)',62; 
by them allowed. Mis."' 309. "' 

Read and House Jour- 

Ordered that the within Account be allowed the ballance thereof nai,pp.32,i6. 
being one hundred forty four pounds eleven Shillings & eleven pence 
the said Treasurer is further accountable to s'^ County for. \^Pcissed 
August 6. 



CHAPTER 57. 

ORDER OF NOTICE ON THE PETITION OF JOSEPH WOODEL TO HAVE 
A JUDGMENT SET ASIDE AND NEW TRIAL GRANTED. 

A Petition of Joseph Woodel of Tiverton in the County of Bris- Legislative 
tol, a free Negroe, Shewing that in a Suit depending between the co^ndf, *^* *^^ 
Petitioner and Samuel Snell in the Superior Court for the said xvii. (2),473. 
County in October 1739 upon a Rule of Court two of the Referrees Archives, xm., 

reported in favour of the said Snell the land in controversy, and — 

Judgement was made up accordingly : But for as much as the Peti- ^rp^j^^g ^li. 
tioner was not, by the said two Referrees, allowed the same liberty eos; xm./es. 
of Access to them and of laying his evidences before them as the Rlfords'ol the 
said Snell was, Therefore Praying that the said Report and Judge- Mis°308^7Jk 
ment may be set aside and that he may have a trial on the Merits. xvii.'(3),'67. 

■T^ ^ -t House Jour- 

Read and nal, p. 164 

Ordered that the Pet" be revived and that the Pef serve the ad- ^J^o^^'p^Iy; 
verse Party the said Sam^ Snell with a copy of this Pet" that He 
shew cause (if any he hath) on the first tuesday of the next sitting 
of this Court Avhy the prayer thereof should not be granted. [^Passed 
August 6.^ 



CHAPTER 58. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED ON 
THE PETITION OF JOHN DODGE RELATIVE TO THE ADMINISTRATION 
OF AN ESTATE, WITH STAY OF EXECUTION. 

The Committee to whom was refer'd the Petition of John Dodge Legislative 
of Wenham have examined into the facts therein mentioned, and coundf °* **** 
find that on the 19*^ of January 1738 Peter Hull of Falmouth took xvii. (3)', 63. 
Administration on Sarah Hulls Estate, and said John and William Archives, 
Harris were his Bonds men to the Judge of Probate; that said Peter xv'-. so4. 
living remote from Wenham, where said Sarah in her life time dwelt, ^^jfj^j^gg 
on the 8"' of February 1738 impowered the said John to act for him xvii., 803.' 
in said Capacity as fully on all accounts as he himself could; that na*i"pp!^2*8^46, 

1 This date is according to Mass. Archives, the House Journal and Legislative Records 
of the Council, xvii., Mis.; according to Legislative Records of the Council, xvii. (3), the 
date is August 7. 



38 Province Laws {Resolves, etc.). — 1741-42. [Chap. 58.] 

49. Ante, on the 19''' of July 1740 said Peter by Order of the Superior Court 
p.35, c ap. '. foj. pj^yj^Qj^t of said Deceaseds debts sold her Real Estate of the 
Value of Two Hundred and forty Pounds to said John, and upon 
their making up Accompts of said Johns acting in the Administra- 
tion, he gave the Bond and Note mentioned in the Petition to said 
Peter; afterwards on the 20*'' of January 1740 said Peter revoked 
his said Power to said John, delivered tlie Bond and Note to M'' 
Bowen, and impowered him to pursue said John thereupon, and 
then abscounded and went out of the Province ; afterwards at the 
Superior Court at Ipswich in May 1741. said Peter by his Attorney 
M"" Bowen recovered Judgment against said John on said Bond 
and Note, and the Judge of Probates has also recovered Judgment 
against said Peter and John and William Harris on the said Ad- 
ministration Bond, for Six Hundred Pounds, and so the said John 
in the course of Law is liable to pay the said Six Hundred Pounds 
and the produce of the said Real Estate of said Deceased, which 
ought to be applied to discharge the said Six Hundred Pounds, will, 
contrary to the design of the said John and Peter be converted to 
his private use. Wherefore we are humbly of Opinion that as the 
said John has transacted the most of the Affairs in the Administra- 
tion on said Sarahs Estate, and it is necessary in the absence of said 
Peter that some person be appointed to compleat the Administra- 
tion; that therefore the said John be appointed and impoAvered to 
proceed and finish the said Administration and apply the produce 
of said Judgment on said Bond and Note (which were given to said 
Peter) towards paying the Debts of said Deceased, and the Overplus 
upon compleating the Administration, to be paid by him according 
to the Decree of the Judge of Probate of the County of Essex, pur- 
suant to Law, within six months next coming ; and that the Execu- 
tion on the Judgments mentioned in the Petition be in the mean 
time stayed, and upon said Johns compleating said Administration 
and paying the Cost mentioned in said Judgments, which said Peter 
recovered against him to said Bowen, he be freed and entirely dis- 
charged from said Jndgments. 

All which is humbly submitted by 

John" Gushing per Order. 
Read & 

Ordered that this Report be accepted & that the Petitioner be & 
hereby is impowered to proceed & finish the said Administration & 
apply the Pijoduce of the Judgments (mentioned in this Report) on 
the i3ond & note given to Peter Hull, towards paying the debts of 
Sarah Hull dec'' And the Overialus, upon compleating the Admin- 
istration to be paid by the Petitioner according to tlie decree of the 
Judge of Probate for the County of Essex, pursuant to Law within 
six months next coming. And that the Executions on the Judgments 
mentioned in the Petition be in the mean time stayed. And upon 
said Johns compleating s** Administration & paying the Costs men- 
tioned in said Judgments which said Peter recovered against him 
to Nathan Bowen, he be freed & entirely discharged from all the 
s*^ Judgments. [^^Passed August 7.' 

> This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council, xvii. (3), the date is August 6. 



[LsT Sess.] Province Laws (^Resolves, etc.'). — 1741-42. 39 



CHAPTER 59. 

VOTE, ALLOWING THE ACCOMPT OF THE TREASURER OF THE COUNTY 

OF BRISTOL. 

xiN AccoMPT presented by Samuel Howlaiid Esq' Treasurer of Refo^dfof the 
the County of Bristol for the year 1740. Having been laid before Council, 
the Court of General Sessions of the Peace for said County and ^^"- (3). 66. — 
there allowed. naTppS«. 

Eead and Allowed, the Ballance hereof being Three Hundred 
Sixty one pounds, nineteen shillings and nine pence, the said Treas- 
urer is further accountable to said County for. \^Passed August 7. 



CHAPTER 60. 

ORDER ALLOWING THE ACCOMPT OF THE TREASURER OF THE COUNTY 

OF MIDDLESEX. 

An Accompt presented by Daniel Eussel Esq'' Treasurer of the Legislative 
County of Middlesex for the year 1740; Having been laid before couucif °* '^'^^ 
the Court of General Sessions of the Peace for said County and by xvii. (3)', 66. 

them allowed. Legislative 

Rao /I oiirl Records of the 

±leaa ana ^ Council, xvll.. 

Ordered that this Accompt be allowed and that the Ballance, due njfu'gl^jo^r 
to said Treasurer (Ten Pounds being wrong cast to the prejudice nai, p. 32. 
of the Treasurer in the Grand Jurors Accompt, but allowed) being 
Nineteen Pounds eight shillings and eleven pence, be allowed by 
said County accordingly. \^Passed August 7. 



CHAPTER 61. 

ORDER IMPOWERING LEONARD LOCKMAN TO SELL LAND. 

A Petition of Leonard Lockman Esq'' Shewing that some years Legislative 
past he purchased a piece of Land at Roxbury in the County of coundi^ °'^ *^^ 
Suffolk with the frame of a House thereon, and designing to settle xyii. (3)',67; 
himself & family thereon he settled the interest thereof on himself Mi8','.m '' 
and his wife during the term of their lives and the remainder in ^^]^^^] 
fee to his only child; and for as much as his affairs have obliged :^7i'"If|!y26 
him to remove out of the Province, and the said land will be of House Jour-' 
little or no benefit to him as it lies, therefore Praying that he may J^^1'PP-36.'44- 
be impowered to sell the said Land, notwithstanding the said Set- 
tlement. 

Read & 

Ordered that the prayer of the Petition be so far granted as that 
the Petitioner together with his Wife Finalia Lockman be impow- 
ered to make sale and dispose of the House & Land within men- 
tioned, and that they be enabled to make an absolute conveyance 
of the same in fee simple to any person or persons whatsoever 
the settlement thereof in the Within petition refered to notwith- 
standing. \^Passed August 7. 



4:0 



Province Laws (^Resolves, etc.). — 1741-42. [Chaps. 62, 63.] 



Legislative 
Records of the 
Council, 
xvii. (3),32. 
Mass. 

Archives, xli., 
672. 

Mass. 

Archives, xli., 
669. Legisla- 
tive Records 
of the Council, 
xvii.. Mis., 310; 
ihid., xvii. (3), 
67. House 
Journal, p. 49. 



CHAPTEE 62. 

ORDER REFERRING THE PETITION OF SAMUEL LEONARD FOR A NEW 
TRIAL OF AN ACTION. 

A Petition of Samuel Leonard Esq"" and Jonathan Dean com- 
plaining of unfair management in a trial between the Petitioners 
and Zephaniah Leonard (referring to Iron Oar) at the Superior 
Court for the County of Bristol upon a Writ of Eeview brought 
by the Said Zephaniah against the Petitioners, to be allowed an 
other Trial. 

Read and 

Ordered that this Pet" with the report thereon be refer'd till the 
next Fall Session for further consideration. [^Passed August 7. 



CHAPTEE 63. 



VOTE ABOUT THE PUBLICATION AND DELIVERY OF A NEW EDITION 
OF THE PROVINCE LAWS. 



Legislative 
Records of the 
Council, xvii., 
Mis., 311. 
Mass. 
Archives, 
xlvii., 320. 

Legislative 
Records of the 
Council, 
xvii. (3), 65. 
House Jour- 
nal, pp. 49, 50. 
Ante, p. 16, 
chap. 10. 



Voted That the Committee Appointed to revise the Laws of this 
Province and to procure a new Impression of 'em be Authorized in 
their Agreement with the Printer to Allow him the sole Priviledge 
of printing and Vending such new Impression during a Term not 
Exceeding Fifteen years from the present Time ; and with Relation 
to the person to be Employed that it be Reccomended to them, to 
give the preference (cseteris paribus) to the Printer for this House. 

Also 

Voted That the said Committee have Liberty to Cause the Tem- 
porary Laws, and Those that are not so to be bound up Either in 
seperate Volumes or in one Volume only as upon due Consideration 
they shall think best: And that one or two Law Books of the last 
Impression be Allow'd them at the publick Charge for their help 
in carrying on the Undertaking. 

And WHEREAS in the Order of this Court of the 17*'' of July 
last, 'tis provided (among other Things) that One Law Book be 
Delivered to Each Member of this Court, 

Voted That by the Members of this Court therein mentioned, 
the present Members were meant and Intended, and the said Order 
ought to be Construed and Understood accordingly. \^Passed Au- 
gust 8. ' 

> This date is according to Mass. Archives, the House Journal and Legislative Records 
of the Council, xvii., Mis. ; according to Legislative Records of the Council xvii., (3), the 
date is August 7. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1741-42. 41 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON THE Eleventh Day of August, A.D. 1741. 



CHAPTER 64. 

ORDER CONVEYING TO JOHN INDICOT TITLE TO TWO LOTS OF LAND. 

A Petition of John Indicott of Boston, Housewright, Shewing Legislative 
that His Excellency Governor Belcher having three lots of Land to counclr**^^ 
dispose of (lying contiguous in Harvard Street in the town of Bos- j^^gg^^^'*^'"^- 
ton) John Clai'k, Tallow Chandler (now deceased) purchased one Archives, 

of them and fenced it in, and a considerable time after the Peti- ^^^^■' ^^'^- 

tioner purchased the other two, and likewise fenced them in; but pians^ms., 
since the decease of the said Clark it appears by his Deed that the xxxiv.,23. * 
whole three lots are conveyed to him, which appears to be a mistake Rifords'of tiie 
in the Draught, both by the consideration sum, the said Clarks fenc- xvu^g")', ei. 
ing in and improving only one lot, and his frequent declarations, House Jour- 
after the Deed was drawn, that he had purchased but one, as ap- 55!; '^^" ' ' 
pears by the testimony of divers credible witnesses; And foras- 
much as the Petitioner has made improvements upon his land and 
can have no remedy in the Common Law, therefore Praying for 
Eelief from this Court, and that Eight may be confirmed. 

The Comitte to whome was referr'd the Petition of Jn'' Endicott 
have Exam'^ Into y*^ Facts mentiond is ' s'^ Petition & heard y*^ Evi- 
dences produced & Find That y® Deed mentiond in s"^ Peti" Made 
by his Except' to John Clark, by accident & mistake Containd Three 
Lotts when the True Intent of Grantor & Grantee was that It Should 
Comprehend but one, viz The westerly Lott And This appears. By 
the Grantors Receiving y^ price of but one Lott of s'^ Clark, his 
Sale of the other Two about Three years after to John Endicott, 
M"" Clarkes Declaring his Design to Purchase but one Lott, And 
after y*^ Deed was Executed That he had bought but one, Imploy- 
ing persons to fence that in, & Carefully keep the lines betwixt That 
& the Other Lotts, his Allowing s'^ Endicott to fence in. Improve, & 
build on y^ Other two Lotts, & often acknowledging s"^ Endicotts 
Title & Giving no Interruption ab* the Same While he lived, And 
after his Death M" Marks his only Daughter & heir Acknowledging 
y® s"^ Mistake And that y*" af ores*^ Two Lotts belonged to s'^ Endicott 
and Finally Giving that as a reason for her not appearing to make 
Answer to y^ s'^ Petition. 

Wherefore we are Humbly of Opinion That y^ s*^ John Endicott 
in Equity ought to hold & Enjoy s*^ Two Lotts Purchased of y® 
Gov'' The afores'^ Mistake in s'^ Clarkes Deed Notwithstanding That 
therefore y® s*^ John Endicott be for Ever Quieted in his Title & 
possession of y* premisses by him Purchassed as afores'' And That 

J Legislative Records of the Council, xvii. (3), 74, reads, "in." 



42 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 65-67.] 



Eowland Houghton Adm'" Cum Testamento Amiexo on y® Estate 
of M""^ Martha Clarke Be Impowered to Kelease & Confirm to s*^ 
Endicott his heirs & Assigns all the pretention, Claim, or Demand 
which s'^ John Clarke his heirs Exc''^ adm" or assigns had or now 
have In s'^ Two Lotts by virtue of y*^ Deed afores'' Made by his Ex- 
cept to him, & Give & Execute Deeds accordingly 
All w*^^* is Humbly Submitted 

By Order W" Pepperrell 

Ordered that the Petition of Jolm Indicot within referred to & 
the Proceedings thereon be revived. And that the Report on the 
other Side be accepted. And that the said John Indicot hold & 
enjoy the two Lots purchased by him of His Excellency Jonathan 
Belcher Esq' & that he be for ever quieted in his Title & Possession 
of the Same; & that Rowland Houghton, as Administ' cum Tes- 
tamento Annexo, of the Estate of Martha Clark dec'^ be & hereby 
is impowered to give the Petitioner a Release & Confirmation of 
the Premisses accordingly to him his Heirs & Assigns. \^Passed 
August 12. 



CHAPTER (S5, 



Legislative 
Records of the 
Council, xvii., 
Mis., 320. 
Mass. 

Arcliives, vi., 
572. 

'Legislative 
Records of the 
Council, 
xvii. (3), 82. 
House Jour- 
nal, p. 61. 
Ante, p. 24, 
chap. 27. 



ORDER DIRECTING THE COMMITTEE ON THE RHODE ISLAND LINE TO 
PREPARE AN APPEAL FROM THE COMMISSIONERS AWARD THEREON. 

Ordered that the Committee appointed to manage the Affairs of 
the Line between this Province and the Colony of Rhode Island 
before the Commissioners appointed by His Majesty for the settle- 
ment of said Line be directed to prepare a full state of the Case 
and proper Instructions for the Agent, who may be appointed by 
this Court for prosecuting the Appeal before His Majesty in Council. 

And that M*" Little be added to the Committee. \_Passed Au- 
gust 18. 



Legislative 
Records of the 
Council, xvii., 
Mis., 320. 
Mass. 

Archives, cii., 
183. 

Legislative 
Records of the 
Council, 
xvii. (3), 83. 
House Jour- 
nal, p. 61. 
Province 
Laws, ii., 61, 
chap. 18; xii., 
115, chap. 254. 



CHAPTER iSQ. 

ORDER APPOINTING SUNDRY PERSONS TO RECOVER AMOUNTS DUE 
ON THE £100,000 LOAN. 

Ordered That William Dudley, John Jeffries Thomas Hutchinson 
Esq" and M' Edward Bromfield, in conjunction with M"' Treasurer 
Foye (or any three of them) be and hereby are fully impowered to 
do and perform any thing proper to be done for the recovery of Such 
Sums as are due from any of the Commissioners for the hundred 
thousand Pounds Loan, and to discharge them thereupon. \_Passed 
Aug list 18. 



CHAPTER 67. 



ORDER APPOINTING A COMMITTEE ON THE PETITION OF THE INHABI- 
TANTS OF STOUGHTON. 



Recordfof the ^ PETITION of Moscs Curtis and divers others of Stoughton, Set- 
Councii, ting forth their great distance from the Body of the said Town and 

Mass.^^^' ^' the inconveniences they suffer thereby ; And therefore Praying that 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 43 

they may be set off to the Town of BridgAvater, for which they are Archives, xn., 

conveniently situated, and that a Committee of this Court may be —i 

appointed to view their situation at the Petitioners charge, and re- Archives, xii., 
port to the Court what may be proper to be done for their Eelief. Jf^; Recflds of 
In the House of Representatives the councu, 

Tj„ 1 i;^ xvii., Mis., 324. 

Iteaci Ou House Jour- 

Ordered that the prayer of the petition be so far granted as that nai, pp. 65, 66. 
C apt. Cushing & Cpt. Jackson with such as shall be joined by the 
Honoble Board be a Committee to repair to the Town of Stoughton, 
view the Scituation of tlie Pet''* (first giving seasonable Notice to 
the Select Men of the Town of Stoughton of their coming) & report 
what they Judge j)roper for this Court to do thereon the Charge of 
s*^ Committee to be defrayed by the petitioners 

In Council. Read & Concur'd & John Cushing Esq' is joined in 
the Affair. \_Passed August 21. 



CHAPTER 68. 

VOTE ALLOWING JOHN HOBBS £8 PER ANNUM FOR FIVE YEARS. Legislative 

Records of the 
Council, xvii., 

Whereas it appears that John Hobbs of Ipswich is become a Mis.,324. 
Cripple by hard services and sufferings in the late Indian Wars and Arciiives, 
thereby rendred uncapable of Labouring for his Support. ixxn., see. 

Voted that a Stipend of Eight pounds per Annum in Bills of R^fo^j-dsof^the 
Credit equal to silver Money at 28/ 4'^ ^ Oz for the space of five Council, 
Years from the last day of May 1741 be allow'd him, House^Jour- 

Provided He lives that Term. [Passed August 22. nai.p.ee. 



CHAPTER 69. 

VOTE ALLOWING £2,000 TO HIS EXCELLENCY WILLIAM SHIRLEY. Legislative 

Records of the 
Council, xvii., 

Voted that there be and hereby is granted to His Excellency Wil- Mis., 324. 
liam Shirley Esq"" Cap*^ Gen' and Gov'' in chief of this Province the Archives, 

Sum of two thousand pounds to be paid out of the next Supply Bill ^^'-'^■'^- . 

in Bills of Credit equal to silver Money at 28/ 4*^ ^ Oz to defrey the ^efordfof the 
charge of supporting His Family since His accession to the Govern- Council, ^ 
ment, and until his removal to the Province House, and for trans- House Jour- 
porting His Equipage hither. \^Passed August 22. ^Ante'v^iz 

chap. 1. 



CHAPTER 70. 

ORDER IMPOWERING ABIGAIL KEITH TO SELL REAL ESTATE TO PAY 

DEBTS. 

A Petition of Abigail Keith of Mendon, Widow and Administ^ Legislative 
of the estate of Simeon Keith dec'' Shewing that her said husbands councif,*' 
estate is greatly in debt, that two thirds of the real Estate is leased Ma's's^^'''^^' 
to her Father in Law Jarties Keith during the term of his natural Archives, 
life and the whole mortgaged to the Directors of the Manufactory '^iHlii — : 



44 



Province Laws {Resolves, etc.). — 1741-42. [Chap. 71.] 



Mass. 
Archives, 
xvii., 820. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 325. 
House Jour- 
nal, pp. 37,67. 
Province 
Laws, ii., 151, 
chap. 10. 



Scheme; And therefore praying that this Court would empower 
her to sell the whole of the said real Estate for the Payment of the 
Debts, satisfaction to be given to her Father in Law for quitting his 
Lease (which he hereby signifies his willingness to do) and the re- 
mainder, if any be, to be disposed of according to the directions 
of the Law. 

Eead and 

Ordered that the Prayer of the Pet" be so far granted as that the 
Pef together with Cap^ Eleazar ' Daniels of Mendon have liberty to 
make disposition of the real Estate of the said Simeon Kieth to the 
best advantage and be Authorized and Impowered to give Deeds 
thereof accordingly and with the produce thereof to pay off all the 
Legal or Just Debts or demands on the Estate (having first dis- 
chargd the Mortgage on said Estate therein mentioned) as also 
agreeing with the said James Keith for his said Eight in s'd Estate 
and getting his Quit claim to the Premisses Giving caution to the 
Judge of Probate for the County for the settling and securing the 
remainder of said Estate, as the Law directs for Intestate Estates. 
[^Passed Atigust 35. 



CHAPTEE 71. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE AND ORDERING 
REPAIRS TO THE PROVINCE HOUSE. 



Legislative 
Records of the 
Council, xvii., 
Mis., 326. 
Mass. 
Archives, 
xlix., 50. 

Mass. 
Archives, 
xlix., 49. 
Legislative 
Records of the 
Council, 
xvii. (3), 87, 94. 
House Jour- 
nal, pp. 62, 70. 



The Committee appointed to view the Province House, & report 
what repairs they apprehend necessary for the reception of His Ex- 
cell^" the Governour, having attended that service, report that the 
following tilings are necessary to be done, viz* The Kitchen floor 
with the Stairs into the Chamber & Cellar be made new with the 
Front Stairs, & a new floor to the room adjoining the Kitchen, as 
also some Masons & Painters Work; & that the top of the House 
& Barn have something done to them to prevent their leaking, with 
some other small matters The Committee further report, that 

whereas the late Governour flxed a Grate in one of the chimney's, 
& two Air funnels in two others with a Case for his Armoury (with 
some other small matters) at his own charge, it might be for the 
benefit of the House & the conveniency of his Excellency that they 
be left standing; which is Offered by Order of the Committee. 
August 25. 1741. John Jefferies 

In the House of Rep"^' 

Read and accepted and 

Ordered that M"" Prout and Cap* Cheevers with such as shall be 
Joyn'd by the Hon^'^ Board be a Committee to take care that all 
necessary repairs from time to time be Effected at said House 
In Councill 

Read & concur'd & John Jeffries & Richard Bill Esq" are joynd 
in y® affaire. [Passed An gust 26. 

1 The House Journal, p. 67, reads, " Samuel." 



[2d Sess.] Province Laws (^Resolves, etc.). — 1741-42. 45 



CHAPTER 72. 

ORDER OF NOTICE ON THE PETITION OF JOHN BRIGGS TO BRING Legislative 

FORWARD A WRIT OF REVIEW. Records of the 

Council, xvii., 
Mis., 327. 

On the PETITION" of John Briggs of Dartmouth in the County of Archives xii. 
Bristol Gentleman. \^ante, p. 18, chap. 14] 609- 

Eead &, Mass. 

Ordered that this Pet" be revived, & that the Pef serve the ad- cot? Legi^ia-' 
verse party the s*^ Enos Gilford with a Copy thereof that He shew tl7e^c^tmc^*i^''* 
cause if any he have on the first Tuesday of the next Sitting of xvu. (3),96.' 
this Court why the prayer thereof should not be granted. \_Passed mii^if 71°^' 
August 27. id^li}^' 

CHAPTER 73. 

VOTE IMPOWERING THE COMMITTEE ON THE RHODE ISLAND LINE, 
TO SIGN AN APPEAL FROM THE AWARD OF THE COMMISSIONERS 
THERON. 

The FOLLOWING Draught of an Appeal from the Judgment of Legislative 
the Court of Commissioners on the Controversy between this Gov- councif,*' 
ernment and the Government of Rhoad Island, referring to the Bonn- xvn. (3), 96. 
dary Line was laid before the Court viz' House Jour- 

To the Hon'^^'^ His Majestys Commissioners for settling the Eastern Province" 
Boundaries of the Colony of Rhoad Island &° towards the Province dfa^!95;'mf' 
of the Massachusets Bay, convened at Providence Fryday September ^^^^- 1**- 
4. 1741. 

May it please Your Honors. We the Subscribers by Order of the 
Great and General Court of the Province of tile Massachusets Bay 
do by this Writing and Declaration in behalf of the said Province 
Appeal from the Judgment and Determination of this Hon^'^ Court 
here, on the Thirtieth of June last for determining the Eastern 
Boundaries of the Colony of Rhoad Island towards the said Prov- 
ince, and every part of it, as grievous and injurious to us, unto 
His Most Sacred Majesty in his Privy Council, to be heard and 
finally determined, according to our claims laid Isefore this Court, 
and pray it may be enter'd accordingly. 

Read and 

Voted that five at least of the Committee for managing the Con- 
troversy with Rhoad Island about their Eastern Boundary towards 
this Province do sign the within Declaration of our Appeal, and 
wait on the Court of Commissioners upon that affair, at their next 
Meeting at Providence the Fourth of September next, and pray the 
Appeal may be entered according to this Declaration, delivering the 
same in unto them. [Passed Aiigust 27. 



CHAPTER 74. 

ORDER IMPOWERING STEPHEN DAVID, INDIAN, TO SELL LANDS AND 
EXECUTE DEEDS THEREFOR. 

A Petition of Stephen David of Middleboro, Indian, Praying Legislative 
for liberty from this Court to sell his interest in some barren land councif ^^ *^* 



46 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 75, 76.] 



xvii. (3), 98. 
Mass. 
Archives, 
xxxi., 329. 

Mass. 
Archives, 
xxxi., 327. 
Legislative 
Records of the 
Council, xvii., 
Mis., 327. 
House Jour- 
nal, pp. 71,72. 
Province 
Laws, xii.,721, 
chap. 130; 738, 
chap. 175. 



on the South Side of Trout Brook in Middleboro and his land on 
the North side of said Brook bounded Southerly by the Brook, 
Westerly by the Great Eiver Easterly by David Aldens Lot, the 
whole breadth of said Lot at that end, and from the Corner of said 
Lot on the Plain running on a direct line to the Great Eiver below 
the land of Bethiah Isaac, formerly called Nimrods; for the pay- 
ment of his just debts and for his support, being wholly disabled 
from labour by a wound he has received in his leg. 
In the House of Rep"''' ' 

Eead and 

Ordered that the Prayer of the Pet" be granted and the Pet' be 
and hereby is allowed to sell and convey the lands within mentioned 
to some of His Maj''^ English Subjects and to pass and execute good 
Deeds of the same and Capt AVashburn and Capt Edson with such 
as shall be Joyn'd by the Honble Board are desired to see Justice 
done the Pet' in the sale thereof They to render an account of their 
proceedings herein to this Court. 

In Council Eead and Concur'd & Jn° Gushing Esq' is join'd in 
y® AfEair. \^Passed August 28. 



CHAPTEE 75. 

ORDER IMPOWERING D« HENRY BURCHSTED, GUARDIAN, TO SELL A 
PART OF AN ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (3), 98. 
Mass. 
Archives, 
xvii., 828. 

Mass. 
Archives, 
xvii., 827. 
Legislative 
Records of the 
Council, xvii., 
Mis., .S27. 
House Jour- 
nal, p. 71. 



A Petition of D' Henry Burchsted Guardian of Benjamin John 
and Anna Alden, Children of Cpt. John Alden Jun' late of Bos- 
ton dec*^ praying for liberty from this Court to sell one twelfth part 
of an old Dwelling House and Land situate in Milk Street Boston 
which is come to them by ve-rtue of their Grandfathers Will ; the 
other eleven Parts being their Fathers estate, his Administrators, 
have obtained licence from the Superior Court to sell for the pay- 
ment of his Debts. 

Eead and 

Ordered that the Prayer of the Pet" be granted and that the Pet' 
have leave and be fully Impowered to make sale of the 12*^ part of 
the House and Land mentioned in the Petition for the Most it will 
sell for, giving tliirty days notice thereof in writing by publick Ad- 
vertisment. And to make and execute a good and suflficient Deed in 
Law for conveyance of the same. He giving sufficient Caution to 
the Judge of Probate for the County of Suffolk that the proceeds 
of said Sale be applyed for the Use of the Minors and paid to them 
as they respectively arrive At Age. \^Passed August 28. 



CHAPTER 76 



Legislative ORDER OF NOTICE ON THE PETITION OF JOSEPH WOODEL FOR A NEW 
Couno^r'*^^ TRIAL OF AN ACTION, 

xvii. (3)', 99. 

Archives, xiii., A PETITION of Joseph Woodel [ante, p. 37, chap. 57] 

11: Eead and 

Mass. Ordered that the Pet' serve the adverse Party the s'^ Sam^ Snell 

Archives, xlii., -^ 

' MS. mutilated. 



[2d Sess.] Province Laws [llesoh-ps, etc.). — 1741-42. 47 

with a Copy of this Pet" that He sliew cause if any lie liave on 75. House 
the first tuesday of the next Session of this Court why the Prayer 'Ante^p!^,','^^' 
thereof shoukl not be granted.' \^Pa!<sed August 28. chap. 57. 



CHAPTER 77. 

ORDER DIRECTING THE COMMITTEE ON TRANSPORTS TO REPORT AT 
THE NEXT SESSION. 

Whereas the Transports taken up by this Government for the Legislative 
Expedition against the Spaniards are all now arrived from the West councif ^^ *^^ 
Indies : xvii. (3)', 100. 

Ordered that the Committee appointed by this Court the last year Legislative 
for taking up tlie said Transports and fitting them for the Sea, take councif,° 
care that the Province Stores in any of the said Vessels be secured, House^Jo'ur^' 
and likewise report at the next Sitting of this Court, what they iudge nai, pp. 07, 98, 
necessary to be done with reference to said Transports. \^Pa8sed 1740) ; p. 74.' 
Awjud^d.'' 



CHAPTER 78. 

ORDER IMPOWERING THE COMMITTEE ON THE £100,000 LOAN TO SELL 

LANDS. 

A Memorial of William Dudley Esq and others a Committee of Legislative 
the General Court for bringing to an end the £100,000 Loan and the council, 
Accompts thereof, Shewing that certain lands (particularly men- m1"s.^^^'^°*' 
tioned) which are become forfeited to the Province are very low in Archives, cii., 

their value, so that they will not sell for near the sum that is due — '- — -. 

on them; Praying the Orders of this Court on the Affair. Refords'of the 

Read and m^^%h ^''"" 

Ordered that the s'' Committee be directed to Sell (as soon as may House Jour- 
be) the lands herein named for the most they will sell for, agreable province 
to the former Order of this Court. \Pmsed September 17. chT^'9"''i»t<e 

p. 42,' chap. 66.* 



CHAPTER 79. ^^^'^!?"^%. 

Records of the 
Council, xvll.. 
Mis., 329. 



VOTE RELATING TO THE TAVERN EXPENSES OF COMMITTEES. 

Mass. 
Archives, 

Voted that for the future no Tavern expences of the Committees xiix., ise. 
of this Court, or of both Houses, or of either House, be paid at the Records'ofthe 
charge of the Province without a Vote of the General Court espe- xvIMS)', loe. 
ciallv passed for the same at the time of appointing such Committee. House j'our- 
[ Passed Septemler 19. ' ''^^' ^- ' ' ' 

' At the hearing, June 1, 17-12, House Journal, p. 15, this petition was dismissed. 

2 Adjourned to September 16. See Legislative Records of the Council, xvii. (3), 101. 

3 This date is according to Mass. Archives ; according to both copies of Legislative Rec- 
ords of the Council and the House Journal the date is September 18. 



48 Province Laws {Resolves, etc. ) . — 1741-42. [Chaps. 80-82.] 

CHAPTEK 80. 



Legislative 
Records of tlie 
Council, xvii., 
Mis., 329. 
Mass. 

Archives, xli., 
719. 

Legislative 
Records of the 
Council, 
xvii. (3), 105. 
House Jour- 
nal, pp.77, 78. 



ORDER ADJOURNING THE COURTS OF YORK COUNTY. 

Whereas the stated Time for holding of the Court of General 
Sessions of the Peace and Inferior Court of Common Pleas for the 
County of York at the Town of Falmouth is the first Tuesday of 
October; & divers of the Justices of the said Court & others con- 
cerned are Members of this Court; which may continue Sitting till 
that Time; 

Ordered that the said Court of General Sessions of the Peace & 
Inferior Court of Common Pleas be adjourned to the first Tuesday 
in Novem'' next; And the Justices of the said Court & others con- 
cerned are required to govern themselves accordingly ; And the Jus- 
tices of the Inferior Court of Common Pleas are > directed to take 
effectual Care that this Order be duly published within the said 
County. [^Passed Sej^temher 19.^ 



Legislative 
Records of the 
Council, 
xvii. (3), 111. 
Mass. 
Archives, 
xvii., 8.^2. 

Mass. 
Archives, 
xvii., 851. 
Legislative 
Records of the 
Council, xvii., 
Mis., 334. 
House Jour- 
nal, p. 82. 



CHAPTEK 81. 

ORDER IMPOWERING THE JUDGE OF PROBATE TO APPOINT COMMIS- 
SIONERS ON AN INSOLVENT ESTATE. 

A Petition of Mark Trecothick of Boston, mariner, Shewing 
that he is a Creditor to the Estate of one Kobert Davis, which is 
insolvent, and Commissioners have been appointed by the Judge 
of Probate for the County of Suffolk to examine the claims of the 
Creditors, who have stood out the full time by Law allowed, but 
the Petitioner by reason of some particular circumstances which 
attended his affair, hath not yet given in his claim ; And therefore 
praying that the said Judge of Probate may be allowed to lengthen 
the time of the Commissioners Sitting. 

Read & 

Ordered that the Judge of probate for the County of Suffolk be 
& hereby is impowered & directed to appoint the same or other Com- 
missioners to examine the Claims of the Creditors of Robert Davis 
deceased within mentioned, & to allow three Months to give in their 
Report, that so the Deceased's Estate may be proportioned among 
the Creditors without Delay. \^Passed September 23. 



CHAPTEK 82. 



ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF THE COUNTY 

OF SUFFOLK. 

Record^of the ^'^ AccOMPT presented by William Dudley Esq'' Treasurer of the 

Council, County of Suffolk for the year 1740; Having been laid before the 

ffiid.'.xvii.f ' Court of General Sessions of the Peace for said County, and by 

^^'^•' ^^^- them allowed, 

» This date is according to Mass. Archives, Legislative Records of the Council, xvii., 
Mis., and the House Journal; according to Legislative Records of the Council, xvii. (3), 
the date is September 18. 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 49 

Read & ?aT^^"^6r78 

Ordered that the within Account be allowed except the Article of ' ' ' ' " 
Sixty two pounds two Shillings & two pence paid to Samuel Adams 
Esq"' the present Treasurer which there is no Voucher for. And that 
the present Treasurer be accountable to the said County for the sum 
of two hundred & Six pounds five Shillings & one penny, \Passed 
September 23. 



CHAPTER 83. KKfVe 

Council, 
xvii. (3), 113: 
VOTE DIRECTING THE PROVINCE TREASURER TO ISSUE WARRANTS i6irf.,xvli., 
FOR THE COLLECTION OF OUTSTANDING DUES ON THE £60,000 LOAN. Mis., 334. 

House Jour. 

Voted that the Province Treasurer be directed as soon as may be proVmce" 
to issue His Warrants of distress for the bringing in the outstand- chaTi"''97™' 
ing monies of the £60,000 Loan according to the directions of the chap! 22! 
Law in that case provided. \^Passed Septemher 23. 



CHAPTER 84. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF THE COUNTY 

OF PLYMOUTH. 

An Accompt presented by the Treasurer of the County of Plym- Legislative 
outh for the year 1740. viz* M'' John Foster; having been laid before coundi^ ^* ^"^^ 
the Court of General Sessions of the Peace for the said County and xjij. (3)', 115; 
there allow d. Mis.! 334. 

Kead & House Jour- 

Ordered that the within accompts be allowed and that the Treasurer ^^^' pi^- "'-'' ^• 
be further Accountable to said County for the sum of One hundred, 
fifteen pounds, Sixteen shillings & five pence. \^Passed tiepteniber 25. 



CHAPTER 85. 

ORDER IMPOWERING STEPHEN BRAYNTON TO FILE A COMPLAINT. 

A Petition of Stephen Braynton of Portsmouth in the Colony Legislative 
of Ehoad Island; Shewing that at the Inferior Court of Common council^ "* *^ 
Pleas held at Bristol for the County of Bristol in September 1739 xvii. (3)', 7, 117. 
he brought his action against William Thomas of MiddleboTOugh Arciiives, xu., 

in the County of Plymouth and obtained Judgement against him, ^^ 

from which the said Thomas appealed to the then next Superior ^^^chives xii 
Court of Judicature for the said County of Bristol, but failed of ess. Leg'isia-' 
prosecuting his Appeal, and the Petitioners Attorney on whom he o7«^'^Comicii, 
confided, neglected to file a complaint against the said Thomas; H^Ju^e^jour-^*' 
And therefore Praying that the Petitioner may be impowered to nai, pp. s, ss. 
file his complaint against the said William Thomas at the Supe- 
rior Court of Judicature to be holden at Bristol in October next 
for Affirming the said Judgement of the Inferior Court with Addi- 
tional Costs. 



50 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 86, 87.] 



Eead and 

Ordered that this Petition be revived & that the prayer thereof 
be granted, & tlie petitioner is accordingly enabled to file his Com- 
plaint at the Court within mentioned. And the Justices of the said 
Court are impowered to affirm the Judgm' accordingly with addi- 
tional Costs, provided the pef serve the adverse party with a Copy 
of this Order fourteen days at least before the Sitting of the said 
Court. \^Passed September 29. 



Legislative 
Kecords of the 
Council, 
xvii. (3),118. 
Mass. 
Archives, 
xvii., 850. 

Mass. 
Archives, 
xvii., 849. 
Legislative 
Records of the 
Council, xvii., 
Mis., 336. 
House Jour- 
nal, p. 87. 



CHAPTER 86. 

ORDER IMPOWERING THE TRUSTEES OF THE ESTATE OF HANNAH 
BEMAN TO DISPOSE OF LAND FOR THE BENEFIT OF A SCHOOL AT 
DEERFIELD. 

A Petition of Samuel Childs, Joseph Severance and Elijah Wil- 
liams in behalf of the Town of Deerfield, Shewing that Hannah 
Beman late of said Town dec'' by her last Will & Testament devised 
her Common Lands in the said Town for the use and support of a 
School and appointed two of the Petitioners with the Rev'' M'' John 
Williams now dec'' as Trustees, And forasmuch as the said Lands 
are not profitable, nor like to be for the use aforesaid; therefore 
praying that the Petitioners may have liberty to sell the said Lands, 
and employ the Produce thereof for the support of the School in 
said Town as aforesaid. 

Eead and 

Ordered that Mess" Elijah Williams Sam' Childs and Joseph Sev- 
erance the i^resent Trustees of the Estate of M" Hannah Beman late 
of Deerfield dec'' be allowed and Impowered to make sale of and 
convey in due form of Law all those lands lying in the Commons 
in the Town of Deerfield whether divided or undivided that belonged 
to the said Hannah Beman and was by her bequeath'd to the use of 
the school in s'' Town for the most they will fetch. And that the 
produce of said lands be employed for the use and benefit thereof 
according to the Intent of the Doner by letting out the Moneys, 
the produce thereof taking sufficient Bonds with Suretys for the 
same with Interest from time to time or otherwise by purchasing 
other lands as shall by them and the said Town of Deerfield in a 
Legal Town Meeting for that purpose convened, be agreed upon. 
[Passed Sejitemher SO. 



CHAPTER 87. 



ORDER IMPOWERING ISAAC COOLIDGE TO LEVY AN EXECUTION. 



Legislative 
Records of the 
Council, 
xvii. (3), n9. 
Mass. 
Archives, 
xxxi., 337. 

Mass. 
Archives, 
xxxi., .336. 
Legislative 
Records of the 
Council, xvii., 
Mis., 336. 



A Petition of Isaac Coolidge of Sherburn; Shewing that he has 
obtained a Judgement against Isaac Wabaun of Natick, Indian', for 
£24. 10 and Costs, whicli was for money lent him to pay ofE two Ex- 
ecutions taken out against him; and forasmuch as the said Isaac 
Wabaun is absconded and cannot be found, therefore Praying that 
the Petitioner may be allowed to levy the Execution on the said 
Judgement on the lands of the said Wabaun. 

Read and 

Ordered that the Prayer of the Pet" be granted and that the Pet' 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 51 

be allowed and Impowered to extend His Execution upon the s'^ Isaac House Jour^^ 
Wabon's Land in form of Law, as in other cases is provided. \^Passed ProVmce ' 
September 30. S%"" ''"' 



CHAPTER 88. L^Sfolthe 

Council, xvii., 
Mi 8., 339. 
VOTE DIRECTING THE PROVINCE TREASURER TO SUPPLY THE FORTS Mass. 

AND GARRISONS WITH PROVISIONS. bcx^L^'leii. 

Whereas at the present season of the Year, Provisions may be Refords'of the 
purchas'd at the most reasonable rate, therefore xvii"(3)', 124. 

Voted that M'' Treasurer Foye be directed to supply the several House Jour- 
Ports and Garrisons with all suitable Provisions as soon as may be. °* • p- 
l^Passed October 7. 



CHAPTER 89. 

ORDER ALLOWING THE ACCOUNT OF THE LATE TREASURER OF THE 
COUNTY OF SUFFOLK. 

On THE AccoMPT of William Dudley Esq"" late Treasurer of the Legislative 
County of Suffolk, [ante, p. 48, chap. 82] ^^ncu?**^^ 

Whereas a Voucher has been produced since the passing the above xvii. (3)', 125; 
Vote for the Article of £62. 2, 2. Mi8.','339. '' 

Ordered that the said sum be allowed & that the present Treas- House Jour- 
urer be accountable to said Co^ for the sum of two hundred & Six ^^i^^"^^^^^"'^' 
pounds five Shillings & One penny. [Passed October 7. chap! 82. 



CHAPTER 90. 

VOTE APPROPRIATING £18,000 TO A COMMITTEE TO BE USED FOR THE 
ENCOURAGEMENT OF ENLISTMENTS. 

Whereas it will be very acceptable to His Majesty and may serve Legislative 
the Interest of the Nation to give all suitable encouragment for the councif, xvil!^ 
raising of Eecruits for the Expedition ag*^ the Spanish West Indies; ^Ji^^'SS':. 
and inasmuch as there are no moneys in the Treasury. Archives, 

Voted that there be now granted and paid out of the next Sup- i^xn., 567. 
ply Act the Sum of Eighteen thousand pounds Bills of the Old ^f^^'d\"j|the 
Tenor or other currency equal thereto in Value for His Maj*^^ Ser- Council, 
vice to be p*^ to a Comm'^'^ to be app**^*^ by this Court by them to be Hou'se^j'our- 
applyed in manner following Viz' Five pounds to be p*^ to each Able ^^^' p- ^^• 
bodyed Effective Soldier that shall Enlist himself for that service 
on or before the first day of March next, and to each of them a 
good blanket and to each Company of one hundred Men the sum 
of one liundred pounds for their more comfortable Subsistence in 
their Voyage, the remainder if wanted to enable the s'd Committee 
to provide for and defrey the Charge of Transporting the Soldiers 
to the Camp in the Island of Cuba. 

Provided the Encouragment and Bounty afores'* shall not be given 
to more than five hundred Men, and shall not be paid them till they 
are Embarqued for the s"^ Service 



52 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 91, 92.] 



Provided also that no Son or Servant under Age be Enlisted or 
Transported without His Parent's or Master's or Guardian's Con- 
sent, [^Passed October 7. 



CHAPTER 91. 



Legislative 
Recorda of the 
Council, 
xvii. (3), 127. 
Mass. 

Archives, xii., 
192. 

Mass. 

Archives, xii., 
191. Legisla- 
tive Records of 
the Council, 
xvii., Mis., 337. 
House .Jour- 
nal, pp. 95, 96. 



ORDER IMPOWERING THE TOWN OF HOLDEN TO LEVY A TAX OF FOUR 
PENCE PER ACRE ON ALL LANDS,. FOR ONE YEAR. 

A Petitiok of Daniel Henchman, Jonas Clark Esq" and M' Ben- 
jamin Flagg, a Committee of the Proprietors of the Town of Hol- 
den (formerly part of the Town of Worcester) Shewing that the 
said Proprietors at their Meeting held in September last pass'd a 
Vote for taxing the Lands in said Place at four pence an Acre (the 
first Minister and Ministry Lots, and the School Lot excepted) for 
one year, the money to be applied for finishing the Meeting House 
and supporting their Minister; Praying that said Vote may be con- 
firmed. 

Eead and 

Ordered that the Prayer of the Pet" be granted and the Pet" Prop" 
of the Lands of the Town of Holden be and hereby are allowed and 
Impowered to Levy a Tax or Assessment on the Prop" of all the 
lands in said Town of four pence per Acre for one Year next com- 
ing (the Lotts for the first Minister, the Ministry, and School ex- 
cepted) the Money to be applyed for the finishing the Meeting House, 
and supporting a Minister in said Town, agreable to the Prayer of 
the Pet". {Passed October 7. 



CHAPTER 92. 



ORDER CALLING A MEETING OF THE PROPRIETORS OF THE NAR- 
RAGANSETT TOWNSHIP N^ SEVEN. 



Legislative 
Records of the 
Council, 
xvii. (3), 127. 
Mass. 
Archives, 
cxiv., 673. 

Mass. 
Archives, 
cxiv., 672. 
Legislative 
Records of the 
Council, xvii., 
Mis., 338. 
House Jour- 
nal, pp. 96, 97. 
Province 
Laws, xii., 287, 
chap. 61. 



A Petition of Shubal Gorham Esq'' for himself and the other 
Proprietors of the Narraganset Township Number Seven, Shewing 
that pursuant to a Vote of the General Court he convened a Meet- 
ing of the said Proprietors in the Year 1736, which Meeting was 
adjourned for further Business, but failed by the absence of the 
Clerk ; Praying that he may be impowered to convene the said Pro- 
prietors and Grantees, for transacting their necessary business and 
agreeing upon a method of calling future Meetings. 

Read and 

Ordered that the Prayer of the Petition be granted and that the 
Petitioner be and hereby is impowered to convene the Grantees and 
Proprietors witl\inmentioned for the Purposes mentioned in the 
Petition. \^Passed October 7. 



[2d Sess.] Province Laws (liesolves, etc.). — 1741-42. 53 



CHAPTER 93. 

ORDER APPOINTING A COMMITTEE TO BURN TORN AND DEFACED 
BILLS OF CREDIT. 

In the House of Eep^^^ Rifords of the 

Ordered that the Eep'''^' of the Town of Boston with such as shall council, xvii., 
be appointed by the Hon^''' Board be a Committee to receive in the Ma^ss.^*"' 
Eecess of the Court of William Foye Esq' Treasurer & Eeceiver Archives, cii., 

General of this province all such Bills of Credit on the province ' 

in his hands as are torn & defaced & rendred unfit for further pub- Records ofthe 
lick Service, & that they see them burned & consumed to Ashes, & xvii°(3)', i28. 
give M' Treasurer a Eeceipt for the Bills so received & burned, & House Jour- 
report their doings herein to this Court as soon as may be. ' 

In Council Eead & Concurr'd & John Jeffries, Jacob Wendell 
Eichard Bill & John Eead Esq""' are joined in the Affair. [Passed 
October 8. 



CHAPTER 94. »rKthe 

Council, 
xvii. (3), 129: 
VOTE IMPOWERING THE PROVINCE TREASURER TO APPORTION A TAX ibid., xvii., 
OF £9,000 ON THE SEVERAL TOWNS. ^'s., 340. 

House Jour- 
Voted that the Treasurer be directed to apportion the tax of province 
£9,000 for the present year, upon the several Towns, agreeable to ^ifj^'^'g"'' ^'^^' 
the Tax Act which was issued the last year.' [Passed October 8. 



CHAPTER 95. 

ORDER EXTENDING THE TIME FOR PREPARING LISTS OF POLLS AND 

ESTATES. 

Whereas the time set by Law for taking a list and account of R|fordf Yth 
the Polls & rateable estate of the Province and returning the same Council, 
to this Court to be Valued in Order to a just proportioning the Taxes ftoz.", xiu.*^' 
on the several towns is so short as can't well be effected with that Mis.' 342. 
care & exactness necessary to such a Work. Therefore. ?„S"®^ '^1'°"'"; 

Ordered that the time for taking the Said Lists and returning the 
same be lengthened out till the twentieth day of January next. And 
the Assessors of the respective towns are hereby acquainted that a 
list & account of such Estates & Polls only is required of them. 
[Passed November 28. 



nal,pp.ll3,114. 



CHAPTER 96. 

ORDER ON THE PETITION OF DAVID CROCKER AND OTHERS DIRECT- 
ING THE SUSPENSION OF A WARRANT. 

A Petition of Joseph Smith, David Crocker and Eobert Davis, Legislative 
Assessors of the Town of Barnstable for the year 1739, Shewing 00^,*"**^^ 
that the Treasurer, as he informed them, did in that year send x^"- (3). i*9- 

' Adjourned to November 25. See Legislative Records of the Council, xvii. (3), 145. 



54: 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 97, 98.] 



Mass. 
Archives, 
cxiv., 675. 

Mass. 
Archives, 
cxiv., 674. 
Legislative 
Records of the 
Council, xvii., 
Mis., 342. 
House Jour- 
nal, p. 114. 



them a Warrant to assess on the Inhabitants of the said Town their 
part of the £60,000 Loan, bnt the Warrant never coming to their 
hands, they did not make the said Assessment; and therefore the 
Treasurer hath issued a Warrant of Distress on the Petitioners and 
their estate ; & therefore praying, in consideration of their not being 
guilty of any wilful neglect of their duty, that this Court would 
relieve them. 

Read and in answer to this Pet" 

Ordered that the Execution of the within mentioned Warrant of 
Distress be and hereby is suspended till the 25^'^ day of Dec'' next, 
and the further consideration of the Petition is referd to that time 
accordingly. \^Passed November '28. 



CHAPTER 97. 



ORDER OF NOTICE ON THE PETITION OF JOSEPH ALLEN FOR THE PRO- 
DUCTION OF DEEDS. 



Legislative 
Records of the 
Council, 
xvii. (3), 89. 
Mass. 
Archives, 
xvii., 835. 

Mass. 
Archives, 
xvii., 834-837. 
Legislative 
Records of the 
Council, 
xvii. (3), 151; 
ihid., xvii.. 
Mis.; 34.3. 
House Jour- 
nal, pp. 66, 117. 



A Petition of Joseph Allen, Shewing that his brother Samuel 
Allen late of Barrington in the County of Bristol Esq"" dec'^ in and 
by his last Will and Testament bequeathed to the Petitioners son 
Samuel Allen, after the death of the Testators wife Rachel Allen, 
all his Real Estate not before in his said Will particularly disposed 
of. Provided the petitioner pay divers Legacies of considerable value ; 
that the said Rachel has in her Custody most of the Deeds and Con- 
veyances of the said Estate (being sole Executrix of the said Will) 
which are not recorded, and refuses to put them on Record, or to 
deliver them up, so that the Petitioners Son is in danger of being 
defrauded of his right; and therefore Praying that this Court would 
give such relief in the Case as is just and proper. 

Read & At the desire of the Parties 

Ordered that this Petition be continued & further refer'd to the 
first Tuesday of the next Sitting of this Court, that so the Parties 
may have an Opportunity to agree the Matter in diiference between 
them selves. [^Passed December 2. 



CHAPTER 98. 



ORDER IMPOWERING THOMAS GRAY TO BRING FORWARD A WRIT OF 

REVIEW. 



Legislative 
Records of the 
Council, 
xvii. (3), 119. 
Mass. 

Archives, xli., 
695. 

Mass. 

Archives, xli., 
693. Legisla- 
tive Records of 
the Council, 
xvii.. Mis., 343; 
ihid., xvii. (3), 
151. House 
Journal, pp. 2.5, 
!«, U7. Ante, 
p. 20, chap. 18. 



On THE Petition of Thomas Gray [^ante, p. 20, chap. 18] 
Read, and it appearing that the adverse party has been Served 
with a Copy of this Petition and Order thereon but no answer given 
thereto 

Ordered that the Prayer of the Petition be granted and that the 
Petitioner be and hereby is enabled to bring forward his writ of 
Review within mentioned at the next Superiour Court of Judicature 
Court of Assize and Gen' Goal Delivery to be held at Barnstable 
within the County of Barnstable for the Counties of Barnstable and 
Dukes County on the last Tuesday in april next and the Justices 
of the said Court are impowered and directed to try the same and 



[2d Sess.] Province Laws [Resolves, etc.). — 1741-42. 6B 



award Excon thereupon accordingly The Petitioner to Serve the 
Adverse party with a Copy of this order fourteen days at least before 
the Sitting of Said Court; and that the Cost of the Parties at the 
last Sup' Court of Judicature in Barnstable aforesaid follow the 
determination of the Trial hereby ordered. [^Passed Decemher 2. 



CHAPTER 99. 

ORDER OF NOTICE ON THE PETITION OF THE NORTH PART OF THE 
TOWN OF SHREWSBURY TO BE MADE A SEPARATE PRECINCT. 

A Petition of the Inhabitants of the North Part of Shrewsbury Legislative 
Setting forth their great distance from the place of publick Worship, ^uqcIi^ °* *^® 
and the other inconveniences they labour under, in consideration of xvii. (3)' 153. 
which the said Town have Voted to set them off a separate Town- Mass. 
ship, by certain Bounds particularly mentioned in their petition; xvfi.,*847,'848. 
praying for the Order of this Court for confirming the said Vote nai"rf liT^' 
for their being set off. 

Read and 

Ordered that the Petitioners serve the Town of Shrewsbury with 
a Copy 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 December 4. 



CHAPTER 100. 

ORDER IMPOWERING SARAH HOW, GUARDIAN, TO SELL REAL ESTATE. 

A Petition of Sarah How Relict Widow of Jonathan How of i*'^^^^!'**^? . 
Marlboro dec*^ and Guardian to his seven youngest Children who council, 
are minors. Shewing that Daniel How of Shrewsbury Brother to Ma"s^^^'^^' 
her said Husband died Intestate, leaving an Estate in Houses and Archives, 

Lands, which must be divided into six parts among his brothers & "^^^^^^ — '- • 

sisters, and the children of those that are deceased, that it will be Arciiives, 
extreamly inconvenient to have that part that falls to the Petitioners Legisiluv^^' 
Children divided among them, and therefore praying that she may Records of tne 
be impowered to sell their parts which will be much to their ad- >n8.?345.'''^"'' 
vantage . Ho'ise Jour. 

Read and 

Ordered that the Prayer of the Pet" be granted, and that the 
Pef be fully Impowered to make sale of All the Minors Interest in 
the land within mentioned for the most it will sell for, giving thirty 
days notice thereof by publick Advertisement and to make and ex- 
ecute a sufficient Deed or Deeds in Law for conveyance of the same. 
She giving sufficient caution to the Judge of Probate for the County 
of Worcester. Tliat the proceeds of said Sale be applyed for the Use 
of the s*^ Minors, and paid to them as they respectively arrive at Age. 
\^Passed Decemher 4. 



56 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 101, 102.] 



Legislative 
Records of tlie 
Council, xvii., 
Mis., 344. 
Mass. 

Archives, xli., 
765. 

Legislative 
Records of the 
Council, 
xvii. (3), 154. 



CHAPTEK 101. 

ORDER ADJOURNING THE MIDDLESEX COUNTY COURTS. 

"Whereas the Time appointed by Law for holding the Court of 
General Sessions of the Peace & Inferior Court of Common Pleas 
for the County of Middlesex at the Town of Charlestown is the 
second Tuesday of this Instant December; And divers of the Jus- 
tices of the said Courts & others concerned are Members of this 
Court; where Matters of great Importance are depending 

Ordered that the said Court of General Sessions of the Peace & 
Inferior Court of Common Pleas be adjourned to the first Tuesday 
in January next ; And the Justices of the said Courts & others con- 
cerned are required to conform themselves accordingly: And the 
Sheriff- of the said County is hereby directed to take effectual Care 
that this Order be duly published in the said County,' [^Passed 
December 4. 



CHAPTER 102. 



ORDER CONFIRMING A PLAT OF 600 ACRES OF LAND TO EXPERIENCE 

MAYHEW. 



Legislative 
Records of the 
Council, 
xvii. (3), 160. 
Mass. 

Archives, xii., 
108^ 

Mass. 

Archives, xii., 
104-108, 163. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 189. 
House Jour- 
nal, p. 17 
(June, 1740). 
Province 
Laws, xii., 618, 
chap. 115. 



A Plat of Six Hundred Acres of Land laid out by Nathaniel 
Kellog Esq^ and Chain men on Oath to fulfill a Grant made to M' 
Experience Mayhew, bounded South on lands laid out to the Heirs 
of D'' John Barnard dec'' and on all other sides on unappropriated 
lands ; Beginning at a Maple Tree mark'd with the letters -J- B M, 
standing on the East side of a hill about six rods West of a small 
brook running Southerly, which Maple Tree is 790 rods from the 
South West Corner of Hunts Town (so called) upon the Course 
North 13° 30' East, and from the said Maple Tree running West 
four hundred and twenty rods to a Spruce Tree marked IBM with 
stones about it; which Tree stands on the West bank of a large 
Brook running Southerly supposed to be a branch of Westfield 
River; thence running North two hundred and twenty eight rods 
and 1-^ foot; thence East four hundred and twenty rods; thence 
South two hundred and twenty eight rods and l-j foot, to the place 
first mentioned. 

Read and 

Ordered that the within Plat be accepted and the lands therein 
delineated and described be and hereby are confirmed to the said 
M*" Experience Mayhew His Heirs and Assigns. Provided the Plat 
exceeds not the Quantity of the Grant and does not interfere with 
any former Grant. \^Passed December 4.^ 

1 Not found in the House JournaL 

2 This date is 'according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (3), the date is December 9. 



[2d Sess.] Peovince Laws {Resolves, etc.). — 1741-42. 57 



CHAPTER 10 3. slf ordfof the 

Council, xvii., 
Mis., 345. 
ORDER ALLOWING PRESENTS TO THE PENOBSCOT INDIANS. Mass. 

Arcliives, 
xxxi., 350. 

Voted that there be granted & allowed to be paid out of the Stock Legislative — 
for the Indian Trade & put into the Hands of M"" John AV^heelwright Records of the 
a Sum not exceeding Ninety Pounds Bills of the old Tenor for the xvii°?3)', 155, 
purchasing of such Things as may be proper or convenient for the jo^i\rimr"p\20 
said Chiefs which are to be presented to them by His Excellency iH/ra, chap, 
the Govern'' in the Name of the Government. [^Passed December 5. 



CHAPTER 104. L%«^o7the 

Council, xvil., 
Mis., 346. 
VOTE FOR SENDING PRESENTS TO THE PENOBSCOT INDIANS. Mass. 

Archives, 
xxxi., 351. 

Voted that there be sent to the Tribe of Penobscut Indians one Legislative 
Barrel of flower 1 lb Tobacco one Gross of Pipes and two Gallons Records of the 
of Rum to be landed for them at Georges, also two Gallons for the xvii^^s)', i58. 
Delegates.' {^Passed December 8. 5^</;ra, chap. 



CHAPTER 105. 

ORDER ALLOWING £20 TO THE TOWN OF MEDWAY. 

A Petition of Jeremiah Adams Representative for the town of R®^'^|f*^^|tu 
Medway, praying that this Court would remit the Fine set upon the Council, 
said Town for their not sending a Representative the last year, in m\" "s.^^^ ' ^^'^' 
consideration of the great and unusual charge they were put to, that ^rciiives, 
year. ^^^_^ — ; 

Read and Arrives, 

Ordered that the Prayer of the Pet" be granted. And the fine Leo^isi^ftjye 

within mentioned is hereby remitted and the Treasurer directed to Records of the 

reimburse the Pef the twenty pounds within mentioned accordingly. m1s.?347.^^^^'' 

{^Passed Decemher 8. H^^se Jour. 



CHAPTER 106. 

ORDER CONFIRMING A PLAT OF 8,575 ACRES OF LAND TO JOSEPH 
GREEN, ISAAC WALKER, BYFIELD LYDE AND JOHN GREEN. 

A Plat of Eight Thousand Five Hundred and Seventy five Acres Legislative 
of Land laid out for, Messieurs Joseph Green, Isaac Walker, Byfield councif, °* ^'^^ 
Lyde and John Green, by Richard Hazzen and Nathaniel Kellog xvii. (3)', 162. 
Surveyors, and Chain men on oath, to fulfill a Grant made them pilns.'Mis., 
in the year 17-39, scituate North Westerly of Deerfield and bounded ^}^^- 



as follows, viz* At the South Easterly Corner with a Stake and stones, pj'^ns'^MiB 
which is the North East Corner of Boston Township Number Two ; xii., 23. Legis- 
thence West 10 Deg. North and Joining on said Township one thou- o/\he^ouncfi, 



1 Not found in the House Journal. 



58 



Province Laws {Resolves, ete.). — 1741-42. [Chaps. 107, 108.] 



xvi., 52,'). 
House Jour- 
nal, p. 128. 
Ante, p. 23, 
chap. 25. 



sand three hundred and twenty perch to another Stake and Stones ; 
thence North 6 Deg. East on unapj^ropriated Lands, eleven hundred 
and twenty perch to a Stake & Stones standing in the Northern Boun- 
dary Line of the Province as lately run; thence East 10 Deg. South 
in said Line, thirteen hundred and ten perch to a Stake standing 
Southerly of a small Brook that comes out of a small Swamp; thence 
South on unappropriated Lands, two hundred and forty poles to a 
Stake and Stones, which is the North AVest Corner Bounds of Bos- 
ton Township Number One, and on the same course to the first 
mentioned Bounds. 

Kead and 

Ordered that the within Plan be accepted and the lands therein 
delineated and described be and hereby are confirmed to the s*^ 
Joseph Green Isaac Walker Byfield Lyde and John Green their 
Heirs and Assigns forever provided it exceeds not the Quantity of 
the Grant and does not interfere with any former Grant. \^Passed 
December 8. ' 



CHAPTER 107. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE SHIP- 
WRECKED PERSONS EASTWARD. 



Legislative 
Records of the 
Council, 
xvii., Mis., 348. 

Mass. 

Archives, 

cviii., 229. 

Legislative 

Records of the 

Council, 

xvii. (3), 156, 

159. House 

Journal, 

pp. 124, 127, 128. 



The Committee appointed to take under Consideration His Ex- 
cellency's Message to both Houses relating to the distressed Circum- 
stances of Sundry persons ^ Shipwrecked at the Eastward, having 
considered of the same, Eeport as followeth viz' 

That His Excellency & Council be desired to give orders to John 
Giles Esq"' & M'' John Dennis to use all proper methods for the re- 
covering of thirty nine persons missing & enquiring into the abuses 
complained of by Alex'' Campbell &c that so Justice might be done 
them And that the Treasurer be directed to put on board Saun- 
ders' Sloop two hundred & fifty pounds Old Tenor in provisions to 
be put under the Care of said John Giles & John Dennis to be given 
unto the Petitioners towards their subsistance for the present, as they 
shall find they do or may stand in need of, and render an account to 
this Court of their so doing. 

Which is Submitted by Order of the Committee 

John Jeffries. 

Eead and Accepted. \^Passed December 9. 



CHAPTER 108. 



ORDER APPOINTING GUARDIANS FOR THE KETITICUT INDIANS. 



Re^'rdsof'the TiiE CoMii^iTTEE to whom was refered the Petition of Nehemiah 
Couucii, xvii., Abel ' & Others Titicut Indians & the Answer of Nehemiah Wash- 
Mass.^*^' burn & Others, having repaired to Bridgwater & Titticut view'd the 

xxx^*^3i9 Indian Lands there, & the trespasses thereon and heard the Parties 

" This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (3), the date is December 9. 

2 From Ireland. See the Governor's message. — Legislative Records of the Council, 
xvii. (3) , 157. 

3 Nehemiah Abbatt in ante, p. 29, chap. 39. 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 59 

with respect to their Titles &c Are humbly of opinion that inas- Mass. 
much as the heirs of M'' Mitchel (who hold under Bridgwater) & xxxi.73r7-322. 
the said Titticut Indians some years ago had a Controversy in the ji^sisiative 

T 1 , • 1 • , /. ; 1 T 1 ,■ 1 • • 1 I . j^ • ^ • Records of the 

Law relating to the title of the Land mentioned in said i'etition council, 
which was not finished by reason of tlie death of said Mitchel Aeon ' House jburV 
was pending, That therefore for final Ending tlie said dispute some ^'J^^/'/'^g 
suitable person or persons be appointed by the General Court to chap', s'i 
assist said Indians in the trial of tlieir title in the Law. 

Tlie committee are further of Opinion that, notwithstanding the 
care of Mess" White k Clap the Indian Guardians, great Strip & 
Waste has been committed on tlie Indian Lands at Titticut by the 
Indians selling tlieir Timber to the English for trifles which said 
Clap & White could not hinder, That therefore the care of the AYood 
& Timber & said Land at Titticut be committed to them or some 
other suitable persons with full power as Guardians to said Indians 
to prosecute as Trespassers all persons who shall cut or carry ofl; any 
Wood, trees or timber from said Land any Licence from the said 
Indians notwithstanding. All which is Humbly submitted 

By John Gushing, ^ Order. 

In Council Eead & 

Ordered that Benj"' White of Middleborough Esq' with such as 
shall be joiu'd by the hon'^''' House of Eepresent''^** be & hereby are 
appointed Guardians for the Keteticut Lidians, for the jDurposes 
mentioned in the Eeport, & that the Charge that has arisen or may 
arise thereon be born by the Petitioners 

In the House of Eep"'"' 

Eead and concur'd and M' Ezra Clap of Middleborough is Joyned 
in the Affair. \_Passed December 9. 



CHAPTER 109. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
EBENEZER HOW TO BRING FORWARD A WRIT OF APPEAL. 

A Petition of Ebenezer How of Brookfield, Praying for liberty Legislative 
from this Court to bring forward an Appeal from the Judgment of councjf **^^ 
the General Sessions of the Peace for the County of Worcester upon xvii. (3)', i64. 
a presentment of the Grand Jury for assaulting of one James Smith, Archives, xii., 

and that all proceedings upon the recognizance and Judgment on !?£: 

that affair may be staid in the meantime. ^^ass. 

-r, , , •' Archives, xli., 

Eead and 722. Legisia- 

Ordered that the Pef serve the within named James Smith with of th^'^councii, 
a copy of this Pet" that He shew cause (if any He have) on the first ^^^-^ ^Voii'r '''^' 
fryday of the next sitting of this Court why the Prayer thereof should nai, p. 125. 
not be granted and the proceedings upon the Eecognizance and Judg- 
ments are ^ hereby staid in the mean time. [Passed December 9. 

' Legislative Records of the Council, xvii. (3), 161, reads, "while the Action." 
» MS. indistinct. 



60 



Province LiAws (liesolves, etc.). — 1741-42. [Chaps. 110-112.] 



CHAPTEE 110. 



ORDER ADJOURNING THE PLYMOUTH COUNTY COURTS. 



Legislative 
Records of the 
Council, xvii., 
Mis., 351. 
Mass. 

Archives, xli., 
766. 

Legislative 
Records of the 
Council, 
xvii. (3), 166. 
House Jour- 
nal, p. 130. 



Whereas the time appointed by Law for holding the Court of 
General Sessions of the peace & Inf Court of Common pleas for 
the County of Plimouth at the Town of Plimouth is the third Tues- 
day of Dec"" Instant, & one of the Justices of said Courts & others 
concerned are Members of this Court, where Matters of great Im- 
portance are depending. 

Ordered that the said Court of Gen' Sessions of the Peace & Inf 
Court of Comon Pleas be adjourned to the second Tuesday of Jan- 
uary next, and the Justices of the said Courts and others concerned 
are required to conform themselves accordingly. And the Sherifl: of 
said County is hereby directed to take effectual Care that this Order 
be duly published in the said County. ^Passed Decemher 10. 



Legislative 
Records of the 
Council, 
xvii. (3), 167. 
Mass. 
Archives, 
Ixiv., 123. 

Mass. 
Archives, 
Ixiv., 122. 
Legislative 
Records of the 
Council, xvii., 
Mis., 351. 
House Jour- 
nal, p. 129. 
Province 
Laws, ii., 1044. 
chap. 17. 



CHAPTER 111. 

ORDER ON THE PETITION OF JOHN HAMMOCK FOR A REFUND OF 

IMPOST DUTY. 

A Petition of John Hammock of Boston, Wine Cooper, Shew- 
ing that he purchased Eighty Pipes and an half of Spanish Wine 
at Newport in Ehoad Island & brought it to Boston for the market 
here, that according to the letter of the Law he is liable to pay 
double Impost for the said wine, but forasmuch as he bought the 
said wine on board ship and it never was landed till it came here; 
therefore Praying that the extraordinary Impost may be taken oif. 

Eead and 

Ordered that the Prayer of the Pet° be granted and that the Im- 
post Officer be and hereby is directed and Impowred to remitt to the 
Pef the money He has rec'' for the extraordinary Impost accordingly. 
\^Passed Decemher 10. 



CHAPTER 112. 

ORDER ACCEPTING THE PROVINCE TREASURERS ACCOUNT OF THE 

INDIAN TRADE. 



Legislative 
Records of the 
Council, 
xvii. (3), 168. 
Mass. 
Archives, 
cxix., 363. 

Legislative 
Records of the 
Council, xvii.. 
Mis., 352. 
House .Jour- 
nal, pp. 11, 54. 



An Accompt presented by William Foye Esq"" the Officer for man- 
aging the Indian Trade, beginning May 28. 1740, and ending May 
27. 1741. 

Eead and 

Ordered that the within Accompt be allowed. And that the Ball^ 
thereof Amounting to thirteen thousand two hundred eighty four 
pounds, eight Shillings and seven pence the said Treasurer is fur- 
ther Accountable for. \^Pas&ed December 11. 



[2d Sess.] Province Laws {Besolves, etc.). — 1741-42. 61 



CHAPTER 113. 

ORDER ALLOWING VINCENT SHUTTLE WORTH £13 PER ANNUM FOR Legislative 

FIVE YEARS. Records of the 

Council, 
xvii. (3), 170. 

A Petition of Vincent Shuttleworth of Wrentham, Praying for ^^chives 
some further Allowance from this Court, in consideration of the ixxii., 579. 
hurt he received when he was a Soldier in the service of the Prov- Mass. 
iiice, whereby he is disabled from getting his livelihood. \^xh]j5is. 

Eead and RefoidfJnhe 

Ordered that there be p** out of the publick Treasury to the Pet' councu.xvii., 
the Sum of thirteen pounds ^ Annum Bills of the Old Tenor for Hou'sl^Jour- 
five Years (from Oct' 31'^ last) ensuing Provided the Pef lives that nai, pp. 125, 131. 

rr\ / o Province 

ierm. Laws, xi., 754, 

The s*^ Sum to be ^^ to M' Eleazar Metcalfe Jun' of Wrentham. chap.115. 
by him to be applyed for the comfort of the Petitioner and his 
Family. [Passed December 11. 



CHAPTER 114. 

ORDER OF NOTICE ON THE PETITION OF BENJAMIN ROWLAND FOR A 
NEW TRIAL OF AN ACTION, WITH STAY OF EXECUTION. 

A Petition of Benjamin Howland of Tiverton, complaining of Legislative 
great unfairness in the trial of a cause between him and one Job councU,° * ^ 
Almy of Newport in Ehoad Island Colony, relating to certain mer- Mass^^^'^"^' 
chandize consigned to the Petitioner by the said Almy, and Praying Archives, xii., 

for a new Trial, & that Execution on the Judgment against him be — 

staid in the mean time. Archives, xii., 

Eead and 724. ^Legisia-'^ 

Ordered that the Pef serve the adverse Party the s*^ Job Almy the council, 
with a Copy of this Pet" that he shcAV cause (if any he hath) on House^Jour- ' 
the second Wednesday of the next sitting of this Court why the nai, p. 126. 
Prayer thereof should not be granted and Execution upon the last 
Judgment is staid in the mean time. [Passed December 11. 



CHAPTER 115. 

ORDER OF NOTICE ON THE PETITION OF BENANUEL BOWERS FOR 
STAY OF EXECUTION. 

A Petition of Benanuel Bowers of Swanzey, praying that Exe- Legislative 
cution of a Judgement obtained against him at the last Superior c^^^c'lf ^' ^^^ 
Court of Judicature in Boston, by John Banister of Newport may xvii. (3)', 171; 
be staic^ till the next Superior Court at Bristol, when the trial of mis.',' 352!^'' 
an action brought originally by the Petitioner against the said Ban- House Jour- 
ister, will come on upon the Eeview, wherein the Petitioner has nai, p. 130. 
already obtained two Verdicts and Judgements for him. 

Eead and 

Ordered, that the Petitioner serve the adverse party the said John 
Banister or his Attorney with a Copy of this Petition, that he shew 



62 



PkovijsCe l^Aws{Besolves, etc.). — 174.1-4.2. [Chaps. 11(3, 117.] 



cause if any he have on the first Friday of the next sitting of this 
Court why tlie prayer thereof should not be granted And Execution 
withinmentioned is staid in the meantime. [Passed December 11. 



CHAPTER 116. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE SPANISH 

PRIVATEERS. 



Legislative 
Records of the 
Council, xvii., 
Mis., 353. 
Mass. 
Archives, 
Ixiv., 129. 

Mass. 
Archives, 
Ixiv., 127. 
Legislative 
Records of the 
Council, 
xvii. (3), 1.57, 
158, 172. House 
Journal, 
pp. 1-24, 127. 
Province 
Laws, ii., 1085, 
chap. 13. 



In Obedience to the Order of this Court We have considered 
His Excellency's Message for furnishing Capt. Tyng in the Prov- 
ince Snow with Men & are of Opinion that his cruizing upon our 
Coast in the depth of Winter is ordinarily impracticable & need- 
less, but that he ought to be compleatly furnished & ready by the 
Middle of February at farthest ; & in the meantime for the Encour- 
agement of men to enlist. An Act be made to allow the Captain, 
Officers k Ships Company all such Vessels Stores & Goods as they 
shall take from the Enemy & ten pounds per head Old Tenor Bills 
or equivalent for every man of the Enemy taken or destroyed by 
them in any engagement with any Ship of War or Privateer of the 
Enemy by them taken or destroyed, the number of men & destruc- 
tion of the Ship to be proved by three or more of their Chief Offi- 
cers before some chief Majistrate & by him certified, the said Prizes 
& premiums to be divided to & among the Captain, Officers & Ships 
Company, viz*^ to the Captain | to the Lieutenant & Master •^, War- 
rant Officers -|, Petty Officers | & Ships Company |, And the Cap- 
tain, Officers & Ships Company to appoint their respective Agents 
for the receiving. Management & distribution of their respective 
Shares accordingly. 

In the name & by Order of the Committee 
Dec' 9"' 1741. Jacob Wendell 

Eead and Accepted. [Passed December 12. 



CHAPTER 117. 



Legislative 
Records of the 
Council, xvii.. 
Mis., 354. 
Mass. 
Archives, 
xxxi., 353. 

Legislative 
Records of the 
Council, 
xvii. (3), 173. 
House Jour- 
nal, pp. 129,132. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI- 
TION OF JOHN GEORGE, INDIAN. 

The Committee to whom was referred the Petition of John 
George of Natick, Indian, being well satisfied (upon the best in- 
formation they could get) of the truth of the Facts mentioned in 
said Petition Are of Opinion that the prayer thereof be granted, 
and that the petitioner be allowed & impowered to make sale of the 
four Acres of Common land, and two Acres of the land already 
divided & laid out to* him as mentioned in said Petition, for the 
most the same will fetch. And to give & Execute in due lorm of 
Law a Deed or Deeds of conveyance for the same, and in the sale 
thereof to proceed according to the direction of the Act of this 
province made in the sixth year of the reign of His late Majesty 
King George, Chap: 3'^ respecting the posting up Notifications of 
the sale of lands; and that some discreet Person or Persons be 
desired and appointed to see that Justice be done in the sale of 



[2r) Sess.] Province Laws (Besoh-e,s, etc.). — 1741-42. 63 

Premisses, and to receive the proceeds thereof discharge liis just 
debts therewithal!, and improve the surplusage for the comfort & 
support of the Petitioner & his Family, as in their discretion they 
shall think best; & for their proceedings herein to stand account- 
able to this Court. 

Which is humbly submitted by Order of the Committee. 

S. Danforth 

Read & 

Ordered that this Report be accepted & John Fisher Esq'' is desired 
to assist & act for the Petitioner accordingly. [Passed December 12. 



CHAPTER 118. 

ORDER IMPOWERING MARY COE TO SELL REAL ESTATE TO PAY DEBTS. 

A Petition of William Hall Esq' in behalf of Mary Coe widow Legislative 
and xA^dminist^ of Samuel Coe late of Little Compton dec'^ Shewing ^^undr**^^ 
that the debts on the said Samuels estate are much more than the xvu. (3),i74. 
Personal estate, that the circumstances of the real estate are such Archives, 
that it will be greatly to the damage of the Heirs of the deceased ^^"•'^"'' 



to sell part of it only ; and therefore Praying for liberty to sell the ^ass. 
whole Real Estate for payment of the Debts, the residue to be dis- xvii., 856.' 
posed of to the Widow and Children according to Law. Refords'ofthe 

Read and council, xvii, 

Ordered that the Prayer of the Pet" be granted and that the s*^ House'jour- 
Mary Coe be and hereby is fully Authorized and Impowered to make ^^a-i'PP-i^^.iso. 
sale of the real Estate of the &^ San^ Coe dec'd, and that She attends 
the directions of the Law therein by Posting Notifications thirty 
days before the sale, and that she execute a good and Lawful Deed 
or Deeds for the same and Apply so much of the produce thereof 
to the paym' of the Just Debts of the s'^ Dec'd as will discharge 
the same, and that the s"^ Mary Coe have the Income or Improve- 
ment of one third part of the Sum that shall remain after s*^ debts 
are paid during her Life, She giving proper security to the Judge of 
Probate for the County of Bristol for the principal Sum she shall 
so recieve, and that the other two third parts be put out at Interest 
for tlie Use of the Children of the s'* Sam^ Coe by their Guardians. 
They also giving sufficient Security to the Judge of Probate for the 
said County. [Passed December 14. 



CHAPTER 119. 

ORDER ALLOWING THE ACCOUNT OF THE TREASURER OF THE COUNTY 

OF DUKES. 

An Accompt presented by Zaccheus Mahew Esq"' Treasurer of Reford^ofth 
Dukes County for the Year 1740; having been laid before the council. 
Court of General Sessions of the Peace for the said County and m^^'.}x\n.',' ' 
by them allowed. ^is-.'sse. 

Read & House Jour- 

Ordered that the within accompt be allowed the ballance (being ' '^P" ' 
twelve pounds two shillings & one penny) due to said Treasurer. 
[Passed December 15. 



64 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 120-122.] 



Legislative 
Records of the 
Council, 
xvii. (3), 179. 
Mass. 

Archives, cxi., 
111. 

Mass. 

Archives, cxi., 
110. Legisla- 
tive Records of 
the Council, 
xvii.. Mis., 356. 
House Jour- 
nal, pp. 128, 137. 



CHAPTEE 120. 

ORDER GRANTING JOHN CRANDON LICENCE TO SELL LIQUOR. 

A Petition of Lemuel Pope and a great number of others In- 
habitants of the Town of Dartmouth, Shewing that thro a mistake 
in the form of the Certificate given by the Select men of said Town 
of their Approbation of John Grand ' to be a Eetailer of Strong Drink, 
he has miss'd his Licence, which is of general detriment to the said 
Place. And therefore Praying that this Court would impower the 
said Crand * to be a Eetailer and Victualler. 

Read and in answer thereto 

Ordered that the Justices of the Cen^ Sessions of the Peace for 
the County of Bristol are hereby directed and Impowred (if they 
see cause) at their Sessions on the second tuesday of March next 
to grant the Pef a Licence to retail strong drink the present year 
the time for granting Licences being Elapsed notwithstanding. 
\_Passed December 18. 



CHAPTEE 121. 

ORDER IMPOWERING THE TREASURER OF THE TOWN OF GRAFTON TO 

EXCHANGE BONDS. 



Legislative 
Records of the 
Council, 
xvii. (3), 194. 
Mass. 
Archives, 
cxi v., 680. 

Mass. 
Archives, 
cxiv., 679. 
Legislative 
Records of the 
Council, xvii., 
Mis., 358. 
House .Jour- 
nal, pp. 119, 134. 
Province 
Laws, xii., 689, 
chap. 45. 



A Petition of the Inhabitants and Proprietors of the Town of 
Grafton; Shewing that this Court having been pleased to order that 
the Bonds given by the Proprieters to fulfill the Conditions of their 
purchase, should be transfer'd to the Inhabitants, and the Petitioners 
are ignorant in what manner to proceed in this affair; Therefore 
praying for the direction of this Court. 

Read and 

Ordered that the Present Treasurer of the Town of Grafton be 
directed and Impowred by said Town to give Bonds in their behalf 
to Spencer Phipps Esq'' and others of the Comm'''^ of the Great and 
Gen' Court for the performance of all such conditions as are not 
already performed by the Proprietors in their Bonds to said Com- 
mittee. 

And that upon receipt of said Bond the said Committee are hereby 
directed to Cancel and give up to the several Proprietors the Bonds 
heretofore given them. \^Passed December 19.'^ 



CHAPTEE 122 



ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO WILLIAM 
CHANDLER AND NATHANIEL KELLOGG. 



Legislative 
Records of the 
Council, 
xvii. (3), 181. 
Mass. 
Archives, 
xlvi., 132. 



A Plan of Two Hundred Acres of Land laid out by ISTathaniel 
Austin Survey'' and Chain men upon Oath, to fulfill a grant to 
William Chandler and Nathaniel Kellog Beginning at a Pitch Pine 
Staddle on the North Line of the Indian Town, which they reserved 

' The House Journal, p. 128, reads, " John Cratidon." 

2 This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (3), the date is December 29. 



[2d Sess.] Province Laavs (^Resolves, etc.). — 1741-42. 65 

to themselves when they sold the Township of Sheffied, standing Mass. 
two hundred & ninety rods West from the place where the West x1vl"i3i.' 
side Line of Sheffield doth cross or meet with the said Line of the ^efords of the 
Indian Land; thence East 28 Deg. North one hundred and seventy council^ xvii., 
rods to a Stake and Stones; thence North 28 Deg. West one hun- Hou'seJour- 
dred and eighty eight rods to a Stake and Stones ; thence West 28 nai. ?• iss- 
Deg. South one hundred and seventy rods to a Black Oak Stadle; Laws, xu., 49g, 
thence South 28 Deg. East one hundred and eighty eight rods to <^^^p-^- 
the place first mentioned. 

Read and 

Ordered that the within Plan be accepted and the Lands therein 
delineated and described are hereby confirmed to the said William 
Chandler and Nathaniel Kellogg their Heirs and Assigns respec- 
tively, provided it exceeds not the Quantity of the Grant, and does 
not interfere with any former Grant. \Pa88ed December 19. 



CHAPTEE 123. 

VOTE APPOINTING A COMMITTEE TO ENGAGE TRANSPORTS. 

In the House of Rep"^' Legislative 

Whereas it appears to this House that Capt Winslow the Recruit- Council, xvii., 
ing Officer sent here by the Hon''''^ Brigadier Gen' AVentworth from Magg.^^**' 
the Island of Cuba for that purpose has raised a number of Soldiers Archives, 

for his Maj'^^ Service who are Entituled by a Grant of this Court to —^ — '-^ ■ 

be transported at the publick charge and to recieve a certain Bounty Records'of the 
as therein express'd. Council, 

i^ xvii. (3), 182. 

1 lieretore House Jour- 

Voted that M^ Thomas Gushing Samuel Watts and Ezekiel Cheever Z'<i! p. r!,' ^^''^^ 
Esq"'" with such as the Hon^'''' Board shall Joyn be a Comm^'^ to take cjja^'^j' P'^^' 
up a convenient Transport or Transports at the charge of this Gov- 
erment sufficient to convey the said Soldiers to the British Camp in 
the Island of Cuba and to procure them the Bounty agreable to said 
Grant. 

Provided the Comm'^® can have credit untill the Treasury shall 
be Supplyed, and the things be procured at the common and cus- 
tomary Prices. 

Provided also that no Provision be made for transporting &*= any 
Son or Servant under Age not having his or their Masters Parent's 
or Guardian's Consent. 
In Council 

Read & Concurr'd and John Jeffries, Jacob Wendell and Richard 
Bill Esq''^ are joined in the Affair. \_Passed December 21. 



CHAPTER 124. 

ORDER ALLOWING £25 TO WM. JEFFREY, INDIAN. 

A Petition of William Jeffry of Harwich, Indian, Praying for Legislative 
an Allowance from this Court in consideration of Wounds he received coumMr °* ^'"^ 
in the publick Service against the Indian Enemy, by which he is still xvu. (3)',i83. 
disabled from labour. • Archives, 

Read and ^x^'- 3^'- 



m 



Province Laws {Resolves, etc.). — 1741-42. [Chap. 125.] 



Mass. 
Archives, 
xxxi., 346. 
Legislative 
Records of the 
Council, xvii., 
Mi 8.,. 358. 
House Jour- 
nal, p. 135. 



Ordered that the Pef be allowed out of the Province Treasury 
the sum of twenty five pounds Bills of the Old Tenor, or equiva- 
lent thereto in other Bills. The s*^ Money to be pd into the hands 
of Edmund Freeman and Joseph Freeman Esq" by them to be p'' 
out to the Pef as his necessitys require. The s^ Edmund and Joseph 
to be accountable for the distribution thereof to this Court. 

And in case the s'* Jeffrey should die before the whole of the s<^ 
Sum [is]' expended. The remainder to be p*^ into the Province 
Treasury. {^Passed December 22. 



CHAPTER 125. 



Legislative 
Records of the 
Council, 
xvii. (3), 186. 
Mass. 
Archives, 
xvii., 861. 

Mass. 
Archives, 
xvii., 860. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 3.59. 
House Jour- 
nal, pp. 14-2, 143. 
Province 
Laws, ii., 151, 
chap. 10. 



ORDER IMPOWERING JAMES UPHAM, GUARDIAN, AND MARTHA NEW- 
ALL, ADMINISTRATRIX, TO SELL REAL ESTATE. 

A Petition of James Upham Guardian of Samuel and Lucretia 
Newhall, minors and children of Samuel Newhall late of Maiden 
in the County of Middlesex dec'* Intestate and Martha Newhall his 
widow and Administ^ Shewing that in the Year 1736 the Intestates 
Fathers real estate was settled on him by the Judge of Probate for 
said County, he to pay to his Brothers and Sisters their parts in 
money, the Widows Dower being reserved out of it; that upon the 
Intestates and his Mothers death the Judge of Probate settled the 
said Widows Dower on the Minors aforesaid, they paying to their 
Uncles and Aunts their shares ; besides which their Fathers debts 
amount to £42. 15. 4 more than the Personal Estate will pay ; There- 
fore praying that the Petitioners may be impowered to sell so much 
of the whole real Estate as will jjay the Debts and such parts as the 
Petitioners shall judge most j^roper. 

Eead & 

Ordered that the prayer of the Petition be granted & that the 
Petitioners be allowed & impowered to make Sale of so much of 
the real Estate belonging to said Minors (& such part thereof as 
can be spared with least prejudice to the whole,) as will be suffi- 
cient to satisfy the Debts within mentioned & to give & Execute a 
good & sufficient Deed or Deeds of Conveyance for the same, And 
in the Sale thereof to observe the Directions of the Law of this 
province made in the 6**^ Year of George the first, Chapter 3'^ re- 
specting the posting of Notifications of the Sale of Lands; Pro- 
vided the Petitioners shall first give sufficient Caution to the Judge 
of Probate for the County of Middlesex, that the Proceeds of the 
Sale of the premises shall be duly applied for the payment of the 
Debts & portions due from the said Minor's Estate : And for their 
proceedings herein to be accountable to the said Judge or his Suc- 
cessors in said Office when thereunto required. ^Passed Decemher 22. * 

1 Inserted from the House Journal, p. 135. 

" This date is according to Mass. Archives, the House Journal and Legislative Records 
of the Council, xvii.. Mis. ; according to Legislative Records of the Council, xvii. (3) , the 
date is December 23. 



[2d Sess.] Province Laws (Resolves, etc.). — 1741-42. 67 



CHAPTER 126. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE INHABI- 
TANTS OF UPPER HOUSSATONNOC AND APPOINTING A COMMITTEE TO 
INQUIRE INTO THE AFFAIRS THEREOF. 

The Committee appointed to take into consideration the Petition Legislative 
of Josiah Phelps and others, Inhabitants of Honsatanuck, and also councif, ''^ *'''^ 
the Petition of Conrade Burghart of Sheffield, Eeport, that inas- xvii. (3),i85. 
much as the most material things complained of in said Phelps's Legislative 
petition were under the consideration of a Committee of this Court, councif, xvi.T 
who on the fourth of June 173G by Samuel Thaxter Esq'' their Chair- ^^{^'^^^•!'' 
man reported that in their Opinion some suitable Persons ought to he Ms. House 
be appointed and impowered by said Court to take said affairs under pp^us, '144. 
consideration, take Depositions in the County of Hampshire relat- 
ing thereto, & make report thereof at the then next Sessions of said 
Court; and accordingly a Committee was appointed, who went to 
Housatanuck, but never made any Report. 

Therefore we humbly apprehend it is necessary some suitable Per- 
sons should now be appointed & impowered by this Court to repair 
to Housatanuck, and take the matters comj)lained of in said Phelps's 
petition, under consideration, and take what Depositions they think 
needful, in order to their full information touching said Complaints; 
and that Ebenezer Pomroy & Thomas Ingersol Esq" and Captain 
Ashley, the Settling Committee, upon due notice attend them with 
their papers and accompts relating to said Housatanuck and Sheffield. 

And further we humbly propose that said Committee who enquire 
into these affairs at Housatanuck, inquire also into the facts alledged 
in the said Burgharts Petition and make report upon the whole of 
the affair, what may be proper for this Court to do thereon, at the 
next Session or as soon as may be. All which is humbly submitted 
In the name and by Order of the Committee 

Jn° Cushing. 
In Council; 

Eead and Accepted ; and thereupon 

Ordered that John Cushing and Samuel Danforth Esq" with such 
as the Hon^''^ House shall join, be a Committee for the purposes 
within mentioned; and that Ebenezer Pomroy, John Ashley and 
Thomas Ingersol Esq" the Committee appointed for the settlement 
of the Housatanuck and Sheffield Lands, by the first of March next 
give in to the Chairman of this Committee a list of those that were 
originally admitted as Settlers there, with the Place and quantity 
of Lands granted to them ; also a List of those that are the present 
Grantees, with the Place and quantity of lands granted to them, 
and how and by whom the several Rights have been derived from 
the Original Grantees to the present Grantees, together with the 
several sums of money and other things they have received for or 
respecting any of their said Grants, and how they have applied 
them; to the end this Committee maybe the better furnished to 
pursue the ends for which they are appointed. 

In the House of Represent''''*; Read and Concur'd, and Cpt. Jones, 
Cpt. Jackson and Major Payne are joined in the affair; any three of 
the Committee to be a quorum. [Passed December 23. 



68 



Province Laws (^Resolves, etc.). — 1741-42. [Chaps. 127, 128.] 



CHAPTER 127. 



ORDER ON THE PETITION OF THE INHABITANTS OF THE TOWN OF 
MENDON TO BE ERECTED INTO A SEPARATE PRECINCT. 



Legislative 
Records of the 
Council, 
xvii. (3), 15, 

188. Mass. 
Archives, xii., 
197. 

Mass. 

Archives, xii., 
195. Legisla- 
tive Records of 
the Council, 
xvii., Mis., 360. 
Province 
Laws, v., 1329. 



A Petition of Thomas Tenney & a great number of others In- 
habitants of Mendon ; Setting forth the controversies they have had 
and still have with their Minister M'' Joseph Dorr, upon which they 
have had the advice of an Ecclesiastical Council, which the said M"" 
Dorr refuses to comply with or to do any thing to give the Petitioners 
a reasonable satisfaction; and therefore Praying that they may be set 
off as a separate Precinct or otherwise relieved in the premisses. 

A Petition of John Jones and a considerable number of others 
Inhabitants of the Town of Mendon; Praying that the Petitioners 
with their families and Estates, within the Bounds expressed in the 
Petition, be erected into a separate Town or Precinct. 

Eead together with the Answer of the Town of Mendon and 
thereupon 

Voted that the Prayer of the Pet° be so far granted as that the 
Inhabitants of Mendon with their Estates lying on the Easterly 
side of Mill Eiver and bounded by said river Bellingham Hopkiu- 
ton and Holliston including the Familys with the Estates on the 
West side of s'^ river to the eight Rod Road as expressed and de- 
scribed in the Pef" together with Nathan Tyler and his lands. Sam- 
uel Rawson Dan' Lovel Will'" Hayward Thomas White Dan' White 
William Hovey Josiah Adams Benj'' Green Sam' Green and Ebez'' 
Albee with their Estates in the old or standing part of said Town, 
or so many of them as shall Joyn with the Pet" in building a Meet- 
ing House and settling a Minister be and hereby are erected into a 
distinct and seperate Precinct, and that the Inhabitants thereof be 
invested with the same Powers and Priviledges as other Precincts 
do enjoy. 

Saving nevertheless that Jonathan Hayward John Green Obadiah 
Wheelock James Allbee Joseph Corbit Thomas Beard Benjamin 
Allbee James Allbee jun"" John Kilburn John Green Jun'' Eben" 
Wheelock Will'" Sprague Joseph Rockwood Jonathan Haywood 
John Haywood Will'" Sprague Jun'' and John White living within 
the abovemention'd Bounds or so many of them as shall desire it, 
together with their Estates may continue to the standing part of 
said Town so long as they attend the publick Worship there in a 
Stated way and no longer. Provided that the said Inhabitants so 
set off shall within the space of two Years from this time Erect a 
convenient Meeting House and Settle a Learned and Orthodox Min- 
ister for the publick Worship of God.' {^Passed December 23. 



CHAPTER 128. 



Legislative 
Records of the 
Council, xvii., 
Mis., 362. 

Mass. 
Archives, 
Ixiv., 1,52. 

Le isiative — Ordered that M"" John Wheelwright be added to the Committee 
Records of the for providing Transports &c. \^PaHsed December 28. 



ORDER APPOINTING A COMM^ee FOR CHARTERING TRANSPORTS. 



Council, 
xvii. (3), 191. 
House Jour- 
nal, p. 146. 
Ante, p. 65, 
chap. 123. 



1 Not found in the House Journal. 



[2d Sess.] Province Laws (liesolves, etc.). — 1741-42. 69 



CHAPTEE 129. 

ORDER CONFIRMING A PLAT OF 457 ACRES OF LAND TO THE TOWN 

OF HADLEY. 

A Plat of Four Hundred and Fifty Seven Acres and eighty rods Legislative 
of Land laid out by Nathaniel Kellog Survey"" and Chain men on couucif *^* *^^^ 
Oath, to fulfill a Grant made by this Court the. last year to the xvii. (3)', i92. 
Town of Hadley as an Equivalent for land taken off by Sunderland ; Archives, 
situate half a mile North of Sunderland North Bounds; beginning ^^iv-s^^- 



at a Black Oak Tree mark'd, standing on the Bank of Connecticut ^^^,^[^^8 
River about half a mile above the Fishing Bar at Deerfield Falls, cxiv., 648! 
being the Falls at the Mouth of Fall River; thence running South Refordfof the 
5 Deg. East, four hundred rods; thence East 27 Deg. North, two ^,°s°3fii''^"- 
hundred and thirty four rods; thence North 11 Deg. East, two hun- House Jour- 
dred & ninety five rods to a Maple Tree marked, standing on the proN^iice^' 
Bank of Connecticut River, and from thence, as the River runs, chaT'ui""' "'^''' 
to the Black Oak Tree first mentioned. 

Read and 

Ordered that the within Plan be accepted and that the lands 
therein delineated and described be and hereby are confirmed to 
the s** Town of Hadley. Provided the Plat exceeds not the Quan- 
tity of the Grant, and does not interfere with any former Grant. 
[Passed December 28. 



CHAPTER 130. 

ORDER ON THE MEM^ OF OLIVER PATRIDGE ESQ^ IN REGARD TO THE 
DISPOSITION OF A PRISONER. 

A Memorial of Oliver Patridge Esq"" Sheriii of the County of Legislative 
Hampshire, Shewing that at the last Court of Assize for said County couucif,^ 
one Robert Thompson was found guilty of putting out his Wifes Mass^^^'^^^' 
eyes in a barbarous and inhuman manner, and was sentenced to be Archives, 

whipVl thirty nine stripes (which has been executed upon him) and I^i^^ii — : 

to be imprisoned for the space of one year. And for as much as the Archives, 
said Thomson hath no estate to support himself, nor any way of life Le^\'g']jft^e 
for it, therefore praying that he may be enlisted in His Majestys Ser- Records of the 
vice for the Expedition in the West Indies and that the Bounty money Mi8.°362.^^"'' 
allowed by this Province may be for paying his charges in Goal. n T*'' 'u3''i46 
Read and . • . • 

Ordered that the Prayer thereof be so far granted as that His 
Excellency the Governour be desired to give Order that said Thomp- 
son be removed from the Goal in the County of Hampshire to Castle 
William there to be detained till He be sent as a Soldier, and trans- 
ported with others of His Majesty's Forces to the Army in the West 
Indias. And that the Bounty Money allowed to a Soldier Enlisting 
be applyed to the defreying the Charge of conveying him from Said 
County of Hampshire to the s*^ Castle. \Passed December 28. 



70 



Pkovince Laws {Resolves, etc. ) . — 1741-42. [Chaps. 131-1oo.] 



Legislative 
Records of the 
Council, xvii., 
Mis., 364. 
Mass. 

Archives, xli., 
769. 

Legislative 
Records of the 
Council, 
xvii. (3), 190. 
House Jour- 
nal, p. 147. 



CHAPTEE 131. 

ORDER ADJOURNING YORK COUNTY COURTS. 

Whereas the time appointed by Law for holding the Court of 
Gen^ Sessions of the Peace & Inf Court of Common pleas for the 
County of York at the Town of York is y*" first Tuesday of Janu^ 
next, And divers of y" Justices of the said Courts & others con- 
cerned are Members of this Court where Matters of great Impor- 
tance are depending, 

Ordered that the s*^ Court of Gen' Sessions of the peace & Inf 
Court of Common Pleas be adjourned to the last Tuesday in Jan- 
uary Next; And the Justices of the said Courts & others concerned 
are required to conform themselves accordingly; And the Sheriff of 
the s*' County is hereby directed to take effectual Care that this Order 
be duly published in the said County. [^Passed December 29. "■ 



CHAPTER 132. 



Legislative 
Records of the 
Council, 
xvii. (3), 148. 
Mass. 

Archives, xli., 
740. 

Mass. 

Archives, xli., 
737. Legisla- 
tive Records of 
the Council, 
xvii. (3), 193; 
ih'id., xvii., 
Mis., 366. 
House Jour- 
nal, p. 148. 



ORDER ON THE PETITION OF KATH : CUNNINGHAM FOR A REVERSAL 

OF A JUDGMENT. 

A Petition of Katherine Cunningham of Edgar Town in Dukes 
County, AVidow, complaining of unjust and hard treatment from 
John Allen Esq"" and especially of a Judgement of the Inferior 
Court of Common Pleas for said County in October last, obtained 
against her by very unlawful means, one of the Judges having 
been an Arbitrator in the same cause, and given an Award against 
her, and the Judgement being given against her for Default, tho 
she was in Court and offered to plead; praying the said Judge- 
ment may be set aside, or she otherwise relieved, and that Execu- 
tion may be staid till the Order of this Court be pass'd for her 
relief in the premisses. 

Eead with the Answer of John Allen Esq'' & forasmuch as it 
appears that Ebeii"" Norton Esq'' one of the two Keferrees between 
these parties was also one of the three Justices holding the Court 
for the Trial of their Suit on this Arbitration, & also that the said 
Court enter'd Judgm* by default in the said Suit notwithstanding 
the said Katharines Appearance because Eben"" Eogers the Surety 
in the same Arbitration Bond did not also appear, both which are 
very irregular & unlawf ull ; It is therefore 

Ordered that the Judgm* of the said Inf"" Court of Common pleas 
in Dukes County in October last be & hereby is reversed and made 
utterly null k void. {Passed December 29. 



CHAPTER 133. 



Legislative 
Records of the 
Council, 



ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO JABEZ ORM- 

STEAD. 

A Plat of Two hundred Acres of land laid out by Nathan^ Austin 
Survey'' and Chain men on oath, to fulfill a grant made in the year 

» This date is according to Mass. Archives, the House Journal and Legislative Records 
of the Council, xvii.. Mis.; according to Legislative Records of the Council, xvii. (3), the 
date is DecemlDer 28. 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 71 

1736 to Jabez Ormstead; Beginning at the North West Corner of a xyii. (3),i94; 
tract of land laid out to AVilliam Chandler and Nath' Kellog, being Mil',' ses"'' 
a Black Oak Stadle and stones; thence Easterly on the line of said '^i[^_ 
Land one hundred and seventy rods to a stake and stones being the ^'■•;i'i^.f|' 
North East Corner of said Chandlers and Kellogsland; thence North kouse Jour- 
28 Deg. West two hundred and nine rods to a Walnut Pole and Stones ; prov'iiice^' 
thence West 28 Deg. South one hundred and thirty eight rods to a Laws, xn., 337, 
Black Oak Pole and Stones ; thence South 20 Deg, East two hundred ^ ^- ' ' 
and twelve rods to the first Bounds. 

Kead & 

Ordered, that the said plan be accepted, and that the Lands herein 
described, be and hereby are confirmed to the said Jabez Omstead 
His heirs and assigns. Provided the Plat exceed not the quantity 
of the Grant, and does not interfere with any former Grant. Pro- 
vided Also that the said Jabez Omstead, within two years from 
the date hereof duly fulfils the conditions of said Grant. \Pa8sed 
December 29.^ 

CHAPTER 134. 

ORDER CALLING A TOWN MEETING AT PROVINCE TOWN. 

A Petition of the Inhabitants of Province Town in the County Legislative 
of Barnstable, Shewing that they had an annual Meeting regularly councif *^* ^^^ 
warned in March last, but by reason of the Inhabitants not attend- xvii. (3)', 195. 
ing, it failed. Therefore Praying that some person may be appointed Archives, 
by this Court to call a Meeting. cxiv., esi. 

Read and R^^*rd"^nh 

Ordered that the Prayer of the Pet° be granted and that William council, xvu., 

Rotch be authorized and impowered to warn and call a Town Meet- House^Jour- 

ing in some convenient place in said Town for chusing Town Offi- nai, p. us. 

cars and transacting other Town Afliairs. the time being elapsed 

notwithstanding. ^Passed December 29. 



CHAPTER 135. 

ORDER OF NOTICE ON THE PETITION OF NICH^ WILLIAMS TO BRING 

AN ACTION. 

A Petition of Nicholas Williams of Boston, Victualler, Shew- Legislative 
ing that Daniel Ballard of Boston sued the Petitioner at the Inferior Records of the 
Court of Common Pleas in Boston for £55. 0. S** and the Petitioner xvii°(3)', i98. 
would have brought his cross action and filed his Accompt in the Archives, xii., 
Clerks Office against the said Ballards demand, but was diverted !!1l 



by his promise not to enter his Action ; notwithstanding which he m^ss; 
enter'd his action and proceeded to trial, and obtained Judgement iTi-ra'^^'^gik. 
by Default, and has taken out Execution thereon; and therefore o'lf the Counctf 
praying that the Petitioner may be enabled still to file his accompt xvii.,Mis.,367l 
and bring his Action thereon at the next Inferior Court, and that na°i"p^ isi"'^" 
the Court may proceed thereon as tho no Judgment had been yet 
obtained against the Petitioner. 
Read and 

1 This date is according to Mass. Archives and Legislative Records of the Council, 
xvii. (3) ; according to Legislative Records of the Council, xvii., Mis., the date is Decem- 
ber 28. 



72 



Province Laavs {Resolves, etc.). — 1741-42. [Chaps. 136, 137.] 



Ordered that the Pef serve the adverse Party the s"^ Dan^ Ballard 
with a copy of this Pet'' that He sliew cause if any he have on fry- 
day the first of January next Avhy the Prayer thereof should not be 
granted. [Passed December 31. 



CHAPTER 136. 



Legislative 
Records of the 
Council, 
xvii. (3), 203. 
Mass. 
Archives, 
xvii., 858. 

■Legislative 
Records of the 
Council, xvii.. 
Mis., 369. 
House Jour- 
nal, p. 154. 



ORDER IMPOWERING SARAH HARRIS, ADMINIST^ & GUARDIAN, & CH. 
APTHORP, GUARDIAN, TO TRANSFER REAL ESTATE. 

A Petition of Sarah Harris, Widow and Administ^ of Eobert 
Harris late of Boston merchant dec*^ & Guardian of three of his 
children, being Minors, and of Charles Apthorp Guardian of the 
other Child being also a Minor; Shewing that the said Robert (in 
his life time) and Nath' Shower purchased two Houses and sixty 
Acres and an half of land in Raynham, which with the Improve- 
ments is valued at £3,135. 6. 9 and an other house and near fifteen 
acres of land in Swanzey valued at £940 and all the Deeds are 
made to the said Harris & Showers Jointly in fee, but the princi- 
pal Improvements were made on the Raynham Estate by the par- 
ticular direction of the said Harris and intended for his separate 
use; the Petitioners are desirous to have the estates at the value 
aforesaid in part of the said Roberts share of their joint Stock in 
merchandize, which the said Nathaniel is consenting to; and there- 
fore Praying that the Petitioners may be enabled by this Court to 
contract with the said Nathaniel accordingly, and to take of him 
a sufficient Conveyance of all his right therein, to the four Minors 
aforesaid at the price aforesaid, and to be taken in consideration 
of so much of the Joint Stock and Profits belonging to the late 
Company of Harris and Showers, viz', £4,075. 6. 9 which the said 
Shower may take to his own use in other effects as it shall happen, 
when the Accompts of that Partnership shall be adjusted. 

Read and 

Ordered that the Prayer of the Petition be granted. [Passed 
January 2. 



CHAPTER 137. 



Legislative 
Records of the 
Council, 
xvii. (3) , 204. 
Mass. 

Archives, xli., 
761. 

Mass. 

Arcliives, xli., 
759-764. Legis- 
lative Records 
of the Council, 
xvii.. Mis., .370. 
House Jour- 
nal, pp. 153, 155. 



ORDER OF NOTICE ON THE PETITION OF CH^ CHURCH ESQ^ FOR STAY 

OF EXECUTION. 

A Petition of Charles Church Esq'' Sheriff of the County of 
Bristol, Shewing that he gave bond to prosecute at the last Supe- 
rior Court for the County of Middlesex his Writ of Review of an 
action originally commenced against him by one Joseph Crackborn, 
but by some casualty the Petitioners Attorney, whom he depended 
on to appear for him, lost his Power of Attorney, by which means his 
Bond was declared forfeited, and Execution is out against him ; pray- 
ing that it may be staid till the next Superior Court. 

Read and 

Ordered that the Pef serve the Adverse Paty the s"* Joseph Crack- 
burne with a Copy of this Pet° that He shew cause if any he have 
on Wednesday the Q>^^ Curr* why the Prayer thereof should not be 
granted. [Passed January 2. 



[2d Sess.] Province Laws {Resolves, etc.), — 1741-42. 73 



CHAPTEK 138. 

ORDER IMPOWERING JACOB CHALCOM, INDIAN, TO SELL LAND. 

A Petition of Jacob Chalcom of Natick Indian, praying for Legislative 
liberty from this Court to sell thirty five acres of land lying in c^S,"***"® 
several parcels, which is of little or no present benefit to him, to ^T,"^^^^'^^^" 
enable him to pay for lands he has purchased where he lives and Arciiives, 
to build a Barn thereon. xxxi^^m 

T?paf] <t Mass. 

rtedU 06 Archives, 

Order'' d that the Prayer of the Petition be granted and the Peti- xxxi.,348. 
tioner be & he is hereby allow'd & impowred to make Sale of the Records 'of the 
Thirty five acres of his Land therein mention'd, & to make & exe- Mis°3(i9-^>ivi'. 
cute in due form of Law a good Deed of Sale & Conveyance thereof xvii.'{3),'205. 
to the Person or Persons who shall appear & give most for the same; na*i"pii.* 129, 154. 
and in Proceeding therein tlie Petitioner is directed to observe the £aw^g°{i® 151 
Eules in the Act of this Province of the sixth year of his late maj- cimp.'io.' 
esty King George Chap. 3*^ relating to the Posting of Notifications 
of the Sale of Lands: And John Fisher Esq' is hereby appointed 
& desir'd to be aiding & assisting to the Petitioner in the Sale of 
the Premises, & see that Justice be done him therein, and that the 
Proceeds thereof be Avell & truly applied to the Purposes mention'd 
in s'' Petition and for his Proceedings herein to stand accountable 
to this Court. \^Passed January 2. 



CHAPTER 139. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI- 
TION OF THOS PEG AN TO EXCHANGE LAND, 

A Petition of Thomas Pegan of ISTatick Indian, Praying liberty Legislative 
from this Court to exchange a piece of land with one Joseph Mills couS °* *''^ 
who has a piece of land which will be more commodious to the Peti- xvii- (|M64; 
tioner and he will be ' thereby be enabled to pay his debts. Mis.',' 371. 

The Committee to whom was referred the consideration of the Archives, 
Petition of Thomas Peegun of Natick Indian are of Opinion that xxxi., 345. 
the prayer thereof be so far granted, as that he be impowered by ^|f^^'|g"^f^tije 
a good & sufficient Deed to make an Exchange of the six acres & council, 
half, & the three quarters of an Acre of Land mentioned in said Housi^Jour-" 
Petition, for land of equal value belonging to the said Joseph Mills, naj, pp. 127, 157, 
lying near the Petitioner, & more commodious for him : And that 
some suitable persons be impowered & desired to be aiding therein 
& to see that Justice be done him in the said Exchange. Which is 
humbly submitted. 

by Order of the Comittee. S Danforth 

In Council Read & 

Ordered ihdii this Eeport be Accepted, ^and Edward Goddard Esq"" 
with such as shall be joyn'd by the Hon**'*'* House are desir'd to assist 
& act for the Petitioner accordingly 
In the House of Rep'''* 

Read and concur'd and M"" Livermore is Joyned in the Affair. 
\^Passed January 4."^ 

» Sic. . . T, J 

» This date is according to Mass. Archives, the House Journal and Legislative Records 

of the Council, xvii., Mis. ; according to Legislative Records of the Council, xvii. (3), the 

date is January 15. 



74 



Peovince Laws {Resolves, etc.). — 1741-42. [Chaps. 140, 141.] 



CHAPTEE 140. 



ORDER IMPOWERING EBEN^ WILDER TO FILE A BILL IN EQUITY. 



Legislative 
Records of the 
Council, 
xvii. (3),204; 
ibid., xvii., 
Mis., 371. 

House Jour- 
nal, p. 167. 
Ante, p. 22, 
chap. 21. 



A Petition of Ebenezer Wilder of Lancaster, Shewing that he 
purchased of Sarah Eogers one Moyety of a Piece of Land and the 
Buildings thereon, situate in Boston, which having been mortgaged 
to Simon Rogers (now deceased) the Petitioner tendered what was 
due on the said Mortgage to his Executors; but they refused to 
receive it ; whereupon he filed his Declaration in the Clerks Office 
of the Superior Court, but through mistake neglected to serve the 
adverse party with a summons ; and therefore Praying that he may 
file his Bill in Equity at the next Superior Court for the County 
of Suffolk. 

Read & 

Ordered that the Petitioner be enabled to file his Bill in equity, 
in the Clerk's Office of the Superior Court of Judicature in Boston 
in February next for the Redemption of the premises, the failing 
& abatement of his former Bill & lapsing the time for filing such 
Bill by the province Law notwithstanding, and to serve the Exec- 
utors aforesaid with process of that Court to answer the same, & 
the said Court are hereby directed & impowered to proceed & try 
the same, thereupon, & to determine & award Execution as the 
Equity of the Case shall require. ^Passed January 4.^ 



CHAPTEE 141. 



ORDER ON THE PETITION OF CHA^ CHURCH ESQ" CONTINUING ACTIONS. 



Legislative 
Records of the 
Council, 
xvii. (3), 206. 
Mass. 

Archives, xli., 
779. 

3Ias8. 

Archives, xli., 
778. Legisla- 
tive Records 
of the Council, 
xvii., Mis., 372. 
House .Jour- 
nal, p. 155. 
Ante, p. 61, 
chap. 115. 



A Petition of Charles Church Esq"" Sheriff of the County of 
Bristol, Shewing that John Banister of Newport hath brought two 
Actions against him to be tried at the Inferior Court of Common 
Pleas for the County of Suffolk this present month, for not levy- 
ing two Executions against Benanuel Bowers ; and for as much as 
the said Bowers hath obtained an Order of this Court for staying 
the said Executions; therefore Praying that the Justices of the said 
Inferior Court may be directed not to enter up any Judgment on 
the said two Actions, but to dismiss them in case they should be 
entered. 

Read and 

Ordered that the two Actions brought by the said Banister ag* 
the Pef for not serving the Executions within mentioned be con- 
tinued to the next term in March next. And that the Justices of 
the Court of common pleas for the County of Suffolk be directed 
to continue the same accorxlingly. [Passed January 4. 

^ This date is according to Legislative Records of the Council, xvii., Mis. ; according 
to Legislative Records of the Council, xvii. (3), the date is January 2. 



[2d Sess.] Province Laws {Besolves, etc.). — 1741-42. 75 



CHAPTER 142. 

ORDER ABOUT Y^ ACT RELATING TO THE ACT ABOUT APPEALS. Legislative 

Records of the 
Council, xvii., 

"Whereas a Doubt may arise whether the Act lately pass'd by mis., 372. 
this Court, for altering Several Laws that require Appellants to Archives, 
file and produce Eeasons of Appeal, does ' extend to Such Sen- xiv"-. 3'^l 
tences or Judgments as were made or given before the making Rlfor^ao^fthe 

thereof Council, 

Therefore S,^-sfiour°- 

Ordered That the Said Act Be and hereby is construed to extend nai, p. 159. 

nn ITT T • 11 Province 

to all Sentences and J udgments whatsoever made or given as well Laws, ii., 1086, 
before as after the passing thereof. [Passed January 6. ^*^^P" ^^' 



CHAPTER 143. 

VOTE APPOINTING TWO AGENTS AT THE COURT OF GREAT BRITAIN Legislative 
ON THE MASSACHUSETTS AND RHODE ISLAND BOUNDARY LINE Records of the 

AT?-PATR Council, XVll., 

At 1" AIR. Mis., 379. 

Mass. 

This day being appointed for the Election of two Agents to pros- 320? ^^^^' ^^'' 
ecute the Appeal to Effect depending in the Court of Great Britain Legislative 
upon the Affair of the Boundary Line between this Province & the Records of the 
Colony of Ehode Island. xvu. (3)' 208, 

Eobert Auchmuty Esq"" & M'' Christopher Kilby were chosen to jo*urMi',"p^62. 
the said Office by the Major Vote of the Council & House of Rep- [«/»•«, chap, 
resentatives. [Passed Jatiuary 7. 



CHAPTER 144. 

ORDER IMPOWERING RICH» TARR TO ENTER AN ACTION. 

A Petition of Richard Tarr of Marblehead Shewing that in the Legislative 
year 1739 he had an Action depending in the Superior Court for councif °* ^'^^^ 
the County of Essex with Andrew Tucker of Marblehead, which xvii. (3/, i65; 
they submitted to a Rule of Court and the Referrees reported in mis/,' 373!''' 
favour of the Petitioner and the Report for some reasons was con- Archives xii 
tinned over to an other Term, but thro forgetfulness the Clerk 732. 
neglected to make a minute in the Book, of the said Continuance, Mass. 
by which means he has at present lost the benefit of the said Re- m'^Llgisia-' 
port, and therefore Praying that the Justices of the said Court may t|7®c^''*^n'i'l^°' 
be impowered to make up Judgment uj)on the said Report. xvii. (3), 212. 

Read together with the Answer of Nathan Bowen Attorney to Sii"pp!^i2"i47, 
Martha Tucker adm'' of Andrew Tucker dec*^ with the other papers 162.' 
in the Case And forasmuch as it appears to this Court that the Re- 
port of the Referrees within mentioned was lodged in the Clerk's 
Office of the Sup"" Court, & was produced in the Court, & the Action 
continued as set forth in the pet", But purely by the Omission of 
the Clerk it was not certified that the said Action was continued, 
by w^^ means the Affair fell thro 

1 This word is underlined in the original. 



76 



Province IjAws (Besolves, etc.) . — 1741-42. [Chaps. 145, 146.] 



Therefore 

Ordered that tlie pef Eichard Tarr be &, hereby is enabled to 
enter the s** Action at the Sup'' Court of Judicature to be held at 
Ipswich for the County of Essex on the 2*^ Tuesday in May next, 
& that the Justices of the s*^ Court be impowered to receive the 
Eeferrees Eeport & enter up Judgm*^ & award Execution accord- 
ingly against the Estate of the said And'" Tucker in the hands of 
Martha Tucker Adm'' of the said Estate, The discontinuance of the 
said Action & the death of the s** Andrew notwithstanding, Provided 
the pet' notify the said Adm'^ of this Order at least fourteen days 
before the sitting of the said Court. [Passed January 7.' 



Legislative 
Records of the 
Council, 
xvii. (3),176, 
217. Mass. 
Archives, xli., 
729. 

Mass. 

Archives, xli., 
727. Legisla- 
tive Records of 
the Council, 
xvii.. Mis., 373. 
House Jour- 
nal, pp. 130,131, 
144. 



CHAPTER 145. 

ORDER IMPOWERING ROBERT RAND TO LEVY AN EXECUTION. 

A Petition of Eobert Eand of Beverly in Great Britain Shew- 
ing that at the Inferior Court held at Cambridge for the County 
of Middlesex in May last, he recovered Judgment against one Na- 
thaniel Coochuck of Natick Indian, for £18. 13. and cost, and 
took out Execution, which has been returned not satisfied, the 
said Nathaniel having absconded; and forasmuch as he has lands 
in Natick; praying that he may levy his Execution thereon. 

The Committee appointed to Consider of the foregoing Petition 
have attended that service & are of Opinion that the prayer of the 
Petition be granted. which is submitted, 

IP Order of the Com Era : Foxcroft. 

Eead and accepted and 

Ordered that the Prayer of the Petition be granted and the Peti- 
tioner is hereby enabled to levy the Execution withinmentioned, on 
the withinnamed Nathanael Coochucks Eeal Estate, for Satisfying 
his Damages Fees and Costs as in other Cases by Law it is already 
provided. [Passed January 7.^ 



CHAPTER 146. 



Legislative 
Records of the 
Council, xvii., 
Mis., 374. 
Mass. 

Archives, xx., 
3-21. 

Legislative 
Records of the 
Council, 
xvii. (3), 211. 
House Jour- 
nal, p. 164. 
Supra, chap. 
143. 



ORDER APPOINTING A COMM^ee tO NOTIFY M^ AUKMUTY OF HIS 
ELECTION AS AGENT. 

In the House of Eep"<^^ 

Ordered that Cap* Choate Cap Watts and Cap* Little with such 
as the Hon^'^ Board shall Joyn be a Comm^^ to inform the Hon^''' 
Eobert Auchmuty Esqr That this Court have made choice of him 
as one of their Agents to prosecute the Affair of the Boundary 
Line between this Goverment and Ehode Island. And to report his 
Answer thereto. 

In Council Eead & Concur'd And John Jeffries & John Eead 
Esq" are joined in the Affair, [Passed January 8. 

1 This date is according to Mass. Archives, the House Journal and Legislative Records 
of the Council, xvii., Mis. ; according to Legislative Records of the Council, xvii. (3), the 
date is January 8. 

s This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (3), the date is January 8. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1741-42. 77 



CHAPTER 147 

ORDER APPOINTING A COMMITTEE TO PREPARE INSTRUCTIONS TO Y« 

AGENTS. 

In the House of Representatives Legislative 

Ordered that M' Gushing, D'' Hale, Cap^ Watts, Cap*" Choate & counc\f, xvn.f 
M' Little with such as the Hohble Board shall appoint be a Com- ^"^•' ^'^^- 
mittee to prepare duplicates of proper Instructions to the Honble Mass. 

J. J- -1- J- X ^ ArCillV68 VI 

Eobert Auclimuty Esq'' and Christopher Kilby Esq"' Agents for this 573. Leg'isial 
Province to prosecute the appeal from the judgment of the Com- th^f cm^nciif °* 
missioners appointed to determine the Controversy respecting the ?/"• (3), 2n. 

xlOllSG J OUT- 

boundary Line between this Government and that of Rhode Island nai, p. i64. 
as soon as may be and lay the same before this Court if sitting. And fj^J^"' ^^^'^' 
also to prepare duplicates of the true State of that Controversy & all 
necessary papers relating thereto, One of which, together with said 
Instructions (this Court not sitting) to deliver to said Robert Aucli- 
muty Esq'' & make timely preparation for his Voyage to Great Britain. 

And the Other to transmit by this first Ship for Great Britain to 
Christopher Kilby Esq'' with a Letter to acquaint him of his being 
appointed one of the Agents of this Province with Robert Aucli- 
muty Esq"' on the affair aforesaid And that He be directed in Case 
the said affair shall be suddenly brought forward to use his endeavours 
that the proceedings thereon may be suspended till the Arrival of M'' 
Auclimuty and the papers in the Case. 

In Council Read & Concurred and Jacob Wendell, Samuel Welles, 
Jn*' Gushing & John Read Esq''' are joined in the Affair. [^Passed 
January 8. 



CHAPTER 148. 

ORDER ACCEPTING THE REPORT ON "WILLIAM HODGES PETITION AND 
APPOINTING A COMMITTEE THEREON. 

A Petition of William Hodges; praying for an Allowance out Legislative 
of the publick Treasury for the support of one Bethiah an Indian counc'if, '^^ ^'^^ 
woman at Taunton, which the Petitioner apprehends ought to be ^^y^^ ^^\y^'' 
a Province charge. Mis.",' 377. '' 

The Committee to whom was referred the Petition of William Mass. 
Hodges the 2""^ have considered thereon & find the Facts therein xxxL.Iso- 
mentioned to be truely set forth. And therefore are humbly of ||^*rds"^f th 
Opinion that said Hodges be impowered by the General Court to council, 
make sale of the Land mentioned in said Petition for the most it Hou'sf Jour*" 
will fetch (first giving Publick Notice thereof) according to the nai, p. ws. 
Province Law made in the 6^'' year of King George the 1^' Chap. Laws, ii., 151, 
3*^ and that some suitable person or persons be appointed to see '^'^^p-^*^- 
justice done therein, the money arising by said Sale to be put into 
their hands to discharge wliats due to the Petitioner from Bethiah 
the Daughter of Nimrod Sturgeon, and that the overplus if any 
be disposed of as tlie said Court shall direct. 
All which is humbly Submitted 

By, John Gushing, by Order, 

In Council. Read & 

Ordered that this Report be accepted,_& that John Gushing Esq' 
with such as shall be joined by the Honble House of Representa- 



78 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 149, 150.] 



tives be desired to see that justice be done in the sale of the said 
Land, any two to be a Quorum. 

Li the House of Eepresentatives Eead & Concurred, and Cap*^ 
Washburne & Benjamin White Esq'' are joined in the Affair. 
l^Passed January 8. ' 



CHAPTER 149. 



VOTE REFERRING THE PETITION OF W^ SHERIFF ESQ« AGENT FOR 
¥"= DUKE OF HAMILTON FOR THE APPOINTMENT OF A PUBLIC LAND 
SURVEYOR. 



Legislative 
Records of tlie 
Council, 
xvii. (3), 213. 

House Jour, 
nal, p. 163. 



A Petition of William Sheriff Esq' Agent to His Grace the 
Dnke of Hamilton and Brandon, Shewing that the Council estab- 
lished at Plymouth in the County of Devon did in the year 1635 
grant by their Deed Indented unto James Marquess of Hamilton 
and his Heirs and Assigns, Ten Thousand Acres of Land on the 
East side of the Eiver Sagadahock to be taken together as con- 
veniently as the same may be, towards the head of the said Eiver, 
and next unto the lands late of Edward Lord Gorges there, and 
by reason of the Indian Wars and other things intervening, the 
.said Land has not been yet taken up ; And forasmuch as the Peti- 
tioner is impowered by His Grace to visit that part of the countrey 
and fix on a proper spot of ground for fulfilling the said Grant, and 
there being no such Publick Officer as a Survey"' of Land in this 
Province; therefore Praying that such an Officer may be appointed 
for the Province in general, or for the County of York, or for this 
particular business, to whom he may apply that the Grant aforesaid 
may be surveyed and laid out. 

Eead, and as the Deed referred to in the Petition is not duly 
authenticated, it will be inconvenient for this Court to do anything 
further in consequence of said Deed; Therefore 

Voted that this Petition be referred to next May Session for 
further consideration. \^Passed January 8. 



CHAPTER 150. 



ORDER ALLOWING £130 AND A FURTHER SUM OF £45. 19. 3 TO ROB^ 

BALL. 



Legislative 
Records of the 
Council, 
xvii. (3), 216. 
Mass. 
Archives, 
Ixiv., 26. 

Legislative 
Records of the 
Council, xvii., 
Mis., 377. 
House Jour- 
nal, p. 162. 



A Petition of Eobert Ball Keeper of the Light House Shewing 
that he has had no Allowance for his service there since November 
1740. and therefore praying that this Court would now make him 
a grant for his said service, as also allow him the sum of £44. 19. 3 
expended for fire-wood for the benefit of the Lamps and for pre- 
venting the Oyl from being congealed. 

Eead and 

Ordered that there be allowed out of the publick Treasury to the 
Pef One hundred and thirty pounds in Bills of the old tenor (or 
equivalent thereto) for his service the last Year as Keeper of the 
Lisfht House ending the 8"' of Nov"" last. 



1 This date is according to Mass. Archives and both copies of Legislative Records of the 
Council ; according to the House Journal the date is January 5. 



[2d Sess.] Province Laws (Besolves, etc.). — 1741-42. 79 

And that He be allowed the further Sum of forty four pounds 
Nineteen shillings and three pence expended for firewood for the 
greater benefit of the Lights. [Passed January 8. 



CHAPTER 151. 

ORDER IMPOWERING JON^ DEWING TO LEVY AN EXECUTION. 

A Petition of Jonathan Dewing of Natick, Shewing that he Legislative 
hath obtained a Judgment against Nathaniel Coochuck of Natick councif'^* *^*^ 
Indian for a Debt due to the Petitioner, and forasmuch as the said xyii. (3)',2i5; 
Coochuck is absconded, and can not be found by the Officer; there- mIs.',' srs!'"' 
fore Praying that his Execution may be levied upon the lands of m^^^^^ 
the said Coochuck. ^'■*^'f'^|s, 

XXXI., 363. 
Keacl cfc House .Jour- 

Orderecl that the prayer of the Petition be granted and the Peti- °^'' ^' ^^^' 
tioner is hereby enabled to Levy the Execution within mentioned 
on the within named Nathaniel Coochucks real Estate for satis- 
fying the damages Eees and Costs as in other cases by Law it is 
already provided. The Sheriff to take the direction of Joseph 
Livermore on what part of the Estate to lay the Execution upon. , 
[Passed January P.' 



CHAPTEE 152. 

ORDER ADJOURNING PLYMOUTH COUNTY COURTS. 

Whereas the Time appointed by Law for holding the Court of Legislative 
Gen' Sessions of the peace and inferiour Court of Common Pleas councif, xvii!f 
for the County of plimouth at the Town of plimouth was the third ^its^^*" 
Tuesday of December last and on the Tenth of Said month was Archives, xii., 

Adjourned to the Second Tuesday of January Instant, And one of ^^ — -_ 

the Justices of Said Courts and others Concerned there are mem- ElfordTjf^the 
bers of this Court where matters of great Importance are still de- xviwi)' -218 
pending, and Many Members being Absent from Court House' Jour-' 

Ordered that the said Courts be farther Adjourned to the fourth ^-'^^-p-^^o. 
Tuesday of Jan''^ Instant and the Justices of the said Courts and 
Others Concerned are required to conform themselves Accordingly: 
And the Sherrif of said County is hereby directed to take Effectual 
Care that this Order be duly published in said County. [Passed 
January 9. 



CHAPTER 153. 

ORDER TRANSFERRING DIVERS PERSONS AND THEIR ESTATES TO 

GRAFTON. 

A Petition of Ebenezer Cutler and others, inhabitants of the Legislative 
towns of Shrewsbury and Sutton, Setting forth the great incon- counc^f"*"^^ 
veniences of their situation for attending their duty in the said xvii. (3), i50; 

' This date is according to Mass. Archives ; according to both copies of Legislative 
Records of the Council the date is January 8. 



80 



Province Laws (^Resolves, etc.). — 1741-42. [Chaps. 1 54—156.] 



ibid., xvii., 

Mis., 379. 

Mass. 
Archives, 
cxiv., 677. 
Legislative 
Records of the 
Council, 
xvii. (3), 22-2. 
House Jour- 
nal, 1). 162. 



Towns; and therefore praying that they and their families and 
estates may be set oif to the Town of Grafton which will be much 
for their advantage, 

Read & 

Ordered that the prayer of the Petition be granted, and that the 
petitioners Ebenezer Cutler, Obadiah Newton, Noah Brooks, David 
Read, and Amos Davis, with their lands & estates adjoining together 
in one place, as also that strip and point of Sutton lands that ly 
between Shrewsbury and Grafton be and hereby are annexed to the 
town of Grafton accordingly, \_Passed January 9.^ 



CHAPTER 154. 



Legislative 
Records of the 
Council, xvii.. 
Mis., 382. 
Mass. 

Archives, xli., 
781. 

Legislative 
Records of the 
Council, 
xvii. (3), 219. 
House Jour- 
nal, p. 165. 



ORDER ALLOWING £400 TO THE JUDGES. 

Ordered that the sum of four hundred pounds Bills to be Emitted 
in the Supply Bill now before this Court per Annum for two Years 
ending the first day of January Instant be granted and allowed to 
be paid out of the publick Treasury to the Hon^''® the Justices of 
His Majesty's Superiour Court of Judicature Court of Assize and 
Gen' Goal Delivery for their Services ending the first day of January 
Instant. \_Passed January 11. 



Legislative 
Records of the 
Council, xvii., 
Mis., 382. 
Mass. 
Archives, 
xlix., 139. 

Legislative 
Records of the 
Council, 
xvii. (3), 220. 
House Jour- 
nal, p. mf). 
/n/rn, chap. 
156. 



CHAPTER 155. 

ORDER ALLOWING £37. 10 TO THE SECRETARY. 

Ordered that the Sum of thirty Seven pounds ten shillings Bills to 
be Emitted in the Supply Bill now before this Court per Annum for 
two Years ending the 3'^ of December last be granted and allowed 
to be paid out of the publick Treasury to Josiah Willard Esq'' Sec- 
retary of this Province in full for his Service for two Years past 
ending the said 3'^ day of December past. [^Passed January 11. 



CHAPTER 156. 



Legislative 
Records of the 
Council, xvii., 
Mis., 380. 

Legislative 
Records of the 
Council, 
xvii. (3), 220. 
House Jour- 
nal, p. 165. 
Supra, chap. 
155. 



ORDER ALLOWING £60 ADDITIONAL TO THE SECRETARY. 

Ordered that that ^ the Sum of Sixty pounds, (Bills to be emitted 
in the supply [Bill] ^ now before this Court) per annum for two years 
be allowed and paid out of the publick Treasury to Josiah Willard 
Esq' Secretary &c. in consideration of his Extraordinary Services 
to the third of December last. \^Passed January 11. 

1 This date is according to Mass. Archives; according to Legislative Records of the 
Council, xvii., Mis., and xvii. (3), the date is January 8 and 11 respectively, 
a Sic. 
' Inserted from Legislative Records of the Council, xvii. (3) , 220. 



[2d Sess.] Province Laws (liesolves, etc.). — 1741-42. 81 



CHAPTEE 157. 

ORDER ALLOWING £105 TO THE TREASURER. 

Ordered that the sum of One hundred & five pounds (Bills to be Legislative 
emitted in the supply bill, now before this Court) per annum for councif, xvn! 
two years, to be allowed and paid out of the Public Treasury to ^"s., sso. 
William Foye Esq"" Treasurer & Eeceiver General of His Majesty's ^f^^>^*'^f j^^g 
Eevenue of this Province in ful for his services ending the second council^, ° 
day of January instant. [Passed January 11. Housi^jour-' 

nal, p. 165. 



CHAPTER 158. 

ORDER ALLOWING £150 TO THE PRESIDENT OF HARVARD COLLEGE. Legislative 

Records of the 
Council, xvii., 

Ordered that the Sum of One hundred and fifty pounds per ^is^-^si. 

Annum for one Year and half (Bills to be Emitted in the Supply Archives, 

Bill now before this Court) be granted and allowed to be paid out ^^'"•' ^^"- 

of the publick Treasury to the Eev<i Edward Holyoke President of ^|f^'Xof the 

Harvard Colledge, over and above the Eents of the Massachusetts council. 

Hall Ending in March next. [Passed January 11. House Jour- 

nal, p. 165. 



CHAPTER 159. 

ORDER ALLOWING £30 TO THE REV" D« WIGGLESWORTH. Legislative 

Records of the 
Council, xvii.. 

Ordered that the Sum of thirty pounds (Bills to be Emitted in JJ^^^g^^si. 
the Supply Bill now before this Court) be granted and allowed to Archives, 

be paid out of the publick Treasury to the Eev*^ Edward Wiggles- ^^"^•' ^^^- 

worth, Hollisian Professor of Divinity at Harvard College in Cam- R|fordf * of the 
bridge as a Gratuity in consideration of his faithful discharge of Council, 
that great and important Trust reposed in him, and for his further House Jour-" 
encouragment therein. [Passed January 11. '^^^' p- ^^' 



CHAPTER ICdO. 

ORDER ALLOWING £45 PER ANNUM FOR TWO YEARS TO THE CLERK Legislative 

OF THE HOUSE. Records of the 

Council, xvu., 
Mis., 382. 

Ordered that the Sum of forty five pounds per Annum for two ^"chives 
Years Bills to be Emitted in the Supply Bill now before tliis Court. xUx., i4o.' 
be granted and allowed to be paid out of the publick Treasury to Legislative 
M^Eoland Cotton Clerk of the House, in full for his Service for ^^Ij^'^'lf, °* ^''^ 
the last and present Year. [Passed Januarii 11. ^^"- (3), 221. 

^ y- -J House Jour- 

nal, p. 166. 



82 



Pkovince Jjaws (Besolves, etc.). — 1741-42. [Chaps. 161-164.] 



Legislative 
Records of the 
Council, xvii., 
Mis., 381. 
Mass. 
Archives, 
xlix., 142. 

Legislative 
Records of the 
Council, 
xvii. (3), 221. 
House Jour- 
nal, p. 166. 



CHAPTER 161. 

ORDER ALLOWING 1/ 3 PER DIEM TO THE SPEAKER. 

Ordered that there be granted and allowed to be paid out of the 
publick Treasury One shilling and three pence jjer diem (Bills to 
be Emitted in the Supply Bill now before this Court) to the Hon^'® 
John Hobson Esq'' Speaker of the House for every day of his Attend- 
ance in the Gen' Court from the opening the Session in July 8*^ 
1741 to the end of this Year in consideration of his constant Appli- 
cation in discharging the publick affairs of the Province. [Passed 
Jamiary 11. 



CHAPTEE 162. 



Legislative 
Records of the 
Council, xvii., 

Mis., 382. 
Mass. 

Archives, xii., 
204. 

Legislative 
Records of the 
Council, 
xvii. (3), 222. 
House Jour- 
nal, p. 166. 



ORDER ALLOWING £20 TO THE CHAPLAINS. 

Ordered that the Sum of Twenty pounds (Bills to be Emitted in 
the Supply Bill now before this Court) be granted and allowed to 
be paid out of the Publick Treasury, viz* One half to the Eev*^ 
Chaplains of the Hon^'*^ Board the last and present Year. 

The other half to the Eev'' Samuel Checkley the Chaplain of the 
House for his service the last and present Year. [Passed January 11. 



CHAPTER 163. 



Legislative 
Records of the 
Council, xvii., 
Mis., 380. 
Mass. 
Archives, 
xlix., 141. 

Legislative 
Records of the 
Council, 
xvii. (3), 222. 
House Jour- 
nal, p. 166. 



ORDER ALLOWING £75 TO THE DOORKEEPER. 

Ordered that the sum of Seventy five pounds Bills to be Emitted 
in the Supply Bill now before this Court, be granted and allowed to 
be i3aid out of the publick Treasury to M"" Eichard Hubbard in full 
for his service for one Year and an half as Door keeper to His Ex- 
cellency the Governour and this Court. Ending the 19*'^ day of Feb- 
ruary next. [Passed January 11. 



CHAPTER 164. 



VOTE ALLOWING £500 TO THE AGENTS IN ENGLAND ON THE RHODE 

ISLAND LINE. 



Legislative 
Records of the 
Council, xvii.. 
Mis., 383. 
Mass. 

Archives, xx., 
322. 

Legislative 
Records of the 
Council, 
xvii. (3), 22.5. 
House Jour- 



Voted that the sum of five hundred pounds Sterling be granted 
and allowed to be p*^ out of the publick Treasury to furnish the 
Joynt Agents appointed by this Court to prosecute the Appeal 
from the determination of the Hon'''^ Court of Commissioners to 
His most Excellent Majesty in Council relating to the settlement 
of the Boundaries between this Goverment and Ehode Island. 

And that M"" Treasurer Foye be and hereby is directed to purchase 
Bills of Exchange to the value of the s'^ five hundred pounds, the 



[2d Sess.] Province Laws (liesolves, etc.). — 1741-42. 83 

same to be at the direction of the s"^ Joynt Agents, to be employed A^ni^v^ii, 
for the service of the Province. They to be accountable to the Court chap. i47. 
for the disposition of the Money. [Passed January 13. 



CHAPTER 165. 

ORDER IMPOWERING FRAMINGHAM INHABITANTS TO SURVEY AND 
LAY OUT A TOWNSHIP. 

A Petition of Caleb Bridge and a great number of others In- Legislative 
habitants of the Town of Framingham, Shewing that the Inhabi- comif, "** *^^ 
tants of the said Town have never had any grant of the Province fj,i)|-^xviP^' 
Land, And forasmuch as they have encouragement from this Court mis.'.'sss. '' 
they expected a grant of Wilderness Land lying adjacent to tliem, Mass. 
but the same has been otherwise disposed ; therefore Praying that ^^^v^je^; 
this Court would grant them a Tract of Land lying upon Housa- House Jour- 
tanuck Eiver, which they got surveyed, upon such conditions as "junel'iTsg) ; 
this Court shall judge fit. pp-162- ^^^ 

Bead and 

Ordered that the Petition be received ' and the prayer thereof 
granted ; And that the petitioners be allowed and impowered by a 
Surveyor & Chainmen on Oath, to survey and lay out a Township 
of the contents of Six Miles Square, adjoining, on the North on the 
Indian Town so called lying on Housetonnock Eiver or as near that 
place as the land will allow not interferring on any former Grants, 
and that tliey return a plat thereof to this Court within twelve 
months for confirmation And for the more effectual bringing for- 
ward the settlement of the said new town 

Ordered, That there be Seventy Nine equal shares, the Home Lotts 
to be laid out in a suitable and defensible manner. One of said Shares 
to be for the first settled Minister, One for the Ministry, and One for 
the School ; That there be Sixty families settled on sixty of the other 
shares or Home Lotts in three years from the confirmation of the plan 
who shall each have an House built thereon of eighteen feet square, 
at the least, and seven feet stud and six acres of land part thereof 
ploughed or brought to English grass & fenced and build and finish 
a convenient Meeting House for the publick Worship of GOD, and 
settle a learned Orthodox Minister; That said sixty settlers give 
bond to the Treasurer of this Province in the sum of twenty five 
pounds for complying with the terms of the Grant, And if 

any of said Settlers fail of performing the Conditions of Settlement 
aforesaid, then his or their Eight, Share, or Interest in said Town 
to revert to, and be at the disposition of the province: and the jirov- 
ince Treasurer shall immediately sue out their Bonds. [Passed Jan- 
uary 14."^ 

> "Revived," in Legislative Records of the Council, xvii. (3), 237. 

s This date is according to Mass. Archives; according to Legislative Records of the 
Council, xvii., Mis., and ibid., xvii. (3), the date is respectively January 13 and 15. 



84 



FuoviNVE IjA\yii{Iiesolves, etc.). — 1741-42. [Chaps. IGG-IGU.] 



Legislative 
Records of the 
Council, xvii., 
Mis., 384. 
Mass. 
Archives, 
xlix., 145. 

Legislative 
Records of the 
Council, 
xvii. (3), 228. 
House Jour- 
nal, p. 172. 



CHAPTER 166. 

ORDER ALLOWING £75 TO THE GOVERNOR. 

Ordered that there be granted and allowed to be p*^ out of the 
publick Treasury to His Excellency the Governour the Sum of Sev- 
enty five pounds. (Bills to be Emitted in the Supply Bill now 
before this Court) in consideration of His Service as Counsellor at 
Law upon the affairs of the Boundary Line between this Goverm* 
and Ehode Island. [Passed January 15. 



CHAPTER 167. 



Legislative 
Records of the 
Council, xvii., 
Mis., 385. 
Mass. 
Archives, cii.. 



Legislative 
Records of the 
Council, 
xvii. (3), 229. 
House .Jour- 
nal, p. 172 



ORDER ALLOWING £60 TO JOHN READ ESQ'*. 

Ordered that there be granted and allowed to be paid out of the 
publick Treasury to John Read Esq"" the Sum of Sixty pounds (Bills 
to be Emitted in the Supply Bill noAV before this Court) in consid- 
eration of His Service as Counsellor at Law, upon the Affair of the 
Boundary Line between this Goverm* and Ehode Island. [Passed 
January 15. 



CHAPTER 168. 



Legislative 
Records of the 
Council, xvii.. 
Mis., 385. 

Legislative 
Records of the 
Council, 
xvii. (3), 229. 
House Jour- 
nal, p. 172. 



ORDER ALLOWING £20 TO SAM^- WELLES ESQ''. 

Ordered, that there be granted & allowed to be paid out of the 
publick Treasury to Samuel Welles Esq' the sum of twenty pounds 
(bills to be emitted in the supply Bill now before this Court[) '], in 
consideration of his extraordinary service upon the Affair of the 
boundary line between this Government & Rhode Island. [Passed 
January 15. 



Legislative 
Records of the 
Council, xvii., 
Mis., 385. 

Legislative 
Records of the 
Council, 
xvii. (3). 236. 
House -Jour- 
nal, pp.172, 173. 



CHAPTER 169. 

ORDER ALLOWING 1/ 3 PER DIEM TO JOHN QUINCY ESQ^ LATE 

SPEAKER. 

Ordered, that there be granted and allowed to be paid out of the 
publick Treasury One shilling & threepence per diem, bills to be 
emitted in the supply Bill now before this Court, to the Hon'''" John 
Quincy Esq'' Speaker of the House the last year for every day of his 
attendance in the General Court from the opening the session in May 
1740 to the end of that year, in consideration of his constant appli- 
cation in discharging the publick Affairs of the province. [Passed 
January 15. 

> Inserted from Legislative Records of the Council, xvii. (3) , 229. 



[2d Ses8.] Province Laws (liesolves, etc.). — 1741-42. 85 



CHAPTER 170 Legislative 

^•^-^•"^-^ J-J-J-LL X t \J . Records of tlie 

Council, 
xvii. (3), 236. 
ORDER ALLOWING £20 TO THE TOWN OF RUTLAND. Mass. 

Archives, 
xlix. 144. 

A Petition of the Select men of the Town of Eutland praying 



in consideration of the Poverty of the said Town and the heavy Archives, 
charges they have been lately burthened with, that this Court LegisilUve 
would remit to them the Fine set upon them the last year for Records of the 
not sending a Eepresentative to the Court. Mis., r,d! 

Read and ^.^"17^" 

Ordered that the Prayer of the Pet" be granted, and the within 
mentioned Fine of twenty pounds is hereby remitted accordingly. 
[Passed January 15. 



CHAPTER 171. 

ORDER APPOINTING A COM^ee tO SIGN BILLS OF CREDIT. 

This day being appointed for the Election of a Committee for Legislative 
signing the Bills of Credit ordered to be emitted by the Act passed coundi! xvii!^ 
at this present Session, The following persons were chosen by the Mis., 386. 
Major Vote of the Council & House of Eepresentatives. viz' Mass. 

A.rchivc8 cii 

John Jefferies Esq"" Eobert Hale Esq' i99. Leg'isia-' 

Josiah Willard Esq' John Choate Esq' tKun'Sf °* 

Eicharcl Bill Esq' Sanmel Watts Esq' ^Zs^'ol?: 

Sam' Daniorth Esq' M' Eowland Cotton. nai,pp.i77,i78. 

r T-i -IT -in Province 

Fassed Januarii 16. Laws, li., 1077, 

•- ^ chap. 11. 



CHAPTER 172. 

VOTE DIRECTING THE TREASURER TO ISSUE WARRANT OF ASSESS- 
MENT TO THE ASSESSORS OF BARNSTABLE. 

It BEING made evident to this Court that the Assessors of the Legislative 
Town of Barnstable for the Year 1739 never reC^ a Warran[t] couucif, xiii!r 

of Assessment to Enable them to Assess the Inhabitants of said mis., 386.' 
Town for their proportion of the £60,000 Loan. Therefore Archives, 

Voted that the Warrant of Distress refer'd to be and hereby is c^iv., 686. 
superseded to all Intents and purposes. And that in case said Town's ^^'sisiative 

-r> ,• 1. •T^^z-.^^Ti ,1 1 • 1 ■ 1 -IT, Records of the 

Proportion 01 said £60,000 Loan be not already paid into the Prov- Council, 
ince Treasury, and is not paid within ten days from this time that House Jour^' 
then the Treasurer be and hereby is directed to Issue out his War- ?,*'• '?• ^''■^- 
rant of Assessment directing the present Assessors of the s"^ Town Laws, u., 976, 
forthwith to Assess the Inhabitants agreable to the Law in such aWI', \^.'53, 
Case provided. [Passed January 16. chap. 96. 



86 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 173-175.] 



CHAPTEE 173. 



ORDER APPOINTING A COM^ee TO EXAM'* ACCO^s OF INDIAN TRUSTEES. 



Legislative 
Records of the 
Council, xvii., 
Mis., 387. 
Mass. 
Archives, 
XX xi., 368. 

Lieglslative 
Records of the 
Council, 
xvii. (3), 241. 
House Jour- 
nal, p. 173. 



In the House of Eep^^^ 

Ordered that Col Dwight Mr Allen Cap* Cheever Cap*^ Watts k 
Cap* Jackson with such as shall be Joyiied by the Hon''^'' Board be 
a Conim'^'^ in the recess of this Court to take into consideration the 
Affairs of the Indians within and under the care of this Goverment, 
to examine into the Accompts of such as have from time to time 
been appointed their Guardians and Trustees, or have otherwise 
been employed by this Court in the Managment of any of their 
Affairs, with full power to send for Persons or Papers as they shall 
think proper and to make report to this Court at their Session in 
May next of their doings and of any Fraud or deceit which they 
may discover in such Persons. 

The Said Committee to be paid for their time and expence as 
this Court shall hereafter Order. 

In Council Eead & Concur'd & Fra^ Foxcroft, John Jeffries, 
Anthony Stoddard & Eich'' Bill Esq" are joined in the Affair. 
\_Passed January 18. 



CHAPTEE 174. 



Legislative 
Records of the 
Council, xvii., 
Mis., 391. 
Maes. 
Archives, 
cxlv., 687. 

Legislative 
Records of the 
Council, 
xvii. (3), 242. 
Province 
Laws, ii., 1088, 
chap. 17. 



ORDER CALL» A MEETING IN WESTERN. 

Ordered that M'' Noah Ashley one of the principal Inhabitants 
of the new Township called Western ' in the County of Worcester 
be & hereby is impowered & directed as soon as may be to notify 
and warn the Inhabitants of the s*^ Township to assemble & con- 
vene in some convenient publick place in said Town, to make Choice 
of a Town Clerk & other Town Officers to stand untill the Anni- 
versary Meeting in March next.'^ \_Passed January 19. 



CHAPTEE 175. 



Legislative 
Records of the 
Council, xvii., 
Mis., 388. 
Mass. 

Archives, vi., 
573. 

Legislative 
Records of the 
Council, 
xvii. (3), 243. 
House Jour- 
nal, p. 177. 
Province 
Lavrs, xil.,726, 
chap. 144. 



ORDER ALLOWING £800 FOR CHARGES AND PAYMENT OF THE COM^ee^ 
ON THE RHODE ISL" LINE. 

Ordered that the Sum of eight hundred pounds or so much thereof 
as may be necessary. Bills to be Emitted by the present Supply Act 
be granted and allowed to be paid out of the publick Treasury by 
Warrant from His Excellency the Gov'' and Council to satisfie the 
several Charges and Disbursments of the Com**^ app"^'^ by this Court 
upon the affair of the Boundary Line between this Goverm* and 
Ehode Island The said Sum to be taken out of the Approj)riation 
made to Satisfie the Grants of this Court. [Passed January 19. 

' Now called Warren. 

2 Not found in the House Journal. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1741-42. 87 



CHAPTER 176. 

ORDER ACCEPTING COMMITTEES ACC^ ON JOHN ABRAHAMS AFFAIR. Legislative 

Records of the 

Edward Goddard and Nahum Ward rendered an accompt of xvii. (3)',243. 
their Proceedings in the sale of John Abrahams Land and the dis- Arciilves, 
position of the Money. xxxi., 370. 

rpeportl Read & Accepted & Legislative 

Ordered that the above Accompt be allowed & that the Bonds & council, xvii., 
Note of Hand herewith presented be returned back & put into the Hml'se'^Jour- 
Hands of the Committee for the Use of the above mentioned John nai, p. 179. 
Abraham. [^Passed January 19. La^vs^xfi-.TSs, 

chap. 167. 



CHAPTER 177. 

ORDER IMPOWERING NATH'- COOCHUCK, INDIAN, TO SELL LAND WITH 
STAY OF EXECUTION. 

A Petition of Nathaniel Coochuck of Natick, Shewing that Legislative 
there are two Executions taken out against him by Robert Rand counctf, °* *^® 
and Jonathan Dewing, who have leave from this Court to levy the mI's's^"^^'^^' 
same upon his lands; & praying that a Committee may be appointed Archives, 

by this Court to sell so much of his Out Lands as will satisfy the ^^^^'' ^*^' 

said Executions and jiay some other small Debts. Archives 

In the House of Rep'^"' xxxi., 365. 

-r, T T '■ House Jour- 

Read and nal, pp. 179, 180. 

Ordered that the prayer of the Pet° be so far granted as that M' chlip.wJ^ 
Livermore with such as the Hon''''^ Board shall Joyn are hereby p-V9, chap. 
Impowered and directed to Assist the Pef in the sale of the Lands 
herein mentioned on or before the 19"' of March next for the most 
they will sell for And Executions within mentioned are stayed in 
the mean time. 

In Council 

Read & Concurrd, & John Fisher Esq"" is joyned in the affair. 
\_Passed January 19. 



CHAPTER 178. 

ORDER ALLOWING £300 TO M^ AUKMUTY AGENT. 

Ordered, that there be granted and allowed to be paid out of the Legislative 
publick Treasury to the Order or Attorney of M"" Agent Auchmuty councff °* '^'^^ 
upon his embarking and departure for Great Britain in the service xvii. (3), 245; 
of this province the sum of One hundred and fifty pounds, (Bills Mif;,' 3^ji"'' 
to be emitted in the present supply Kci) And the further sum of ^^^^^ 
One hundred and fifty pounds in the said bills in the month of May Archives, xx., 
next, to enable him to prosecute the Appeal from the Judgment of tive Records" 
the Commissioners upon the boundary line between this Government xviM3^°"4T^'' 
and Rhode Island. The said Agent to be accountable to the Court House .lour." 
for the same. [Passed January 20. • .pp- ". 



88 



Province Laavs (^Besolves, etc.). — 1741-42. [Chaps. 179-1«1.] 



CHAPTER 179. 



Legislative 
Records of the 
Council, xvii., 
Mis., 391. 
Mass. 

Archives, cii., 
201. 

Legislative 
Records of the 
Council, 
xvii. (3), 245. 
House Jour- 
nal, pp.177, ISO, 
181. Ante, 
p. 85, chap. 
171. 



ORDER DIRECTING BILLS OF CREDIT TO BE SIGNED IN BOSTON, ONLY. 

Ordered that all the Bills of Credit now to be made & signed by 
a Committee appointed by this Court for that Purpose, be signed 
in the Town of Boston only, & that if any of the said Committee 
cause any of the said Bills to be carryed out of said Boston, before 
such Bills be wholly signed, numbered & delivered into the Treas- 
ury, he shall forfeit his whole Allowance for signing & numbering. 
[Passed January 20. 



CHAPTER 180. 



ORDER ALLOWING £62. 3. 9 TO BEN J: FANEUIL. 



Legislative 
Records of the 
Council, 
xvii. (3), 246. 
Mass. 
Archives, 
Ixxii., 573. 

Mass. 
Archives, 
Ixxii., 572. 
Legislative 
Records of the 
Council, xvii., 
Mis., 389. 
House Jour- 
nal, p. ISO. 



A Petition of Benjamin Faneuil, Executor of the last Will and 
Testament of Cpt. George Steuart dec*^ Shewing that the said George 
was in advance in a considerable sum for the subsistence of his Com- 
pany raised for His Majestys service, as also for other charges, as may 
appear by the Accompts and other papers herewith exhibited ; pray- 
ing this Court to allow to the estate of the Deceased what may appear 
due for the Services *& charges aforesaid. 

Eead and thereupon 

Voted that the Sum of Sixty two pounds three shillings and nine 
pence bills of Credit to be emitted by the last Supply Act be paid 
out of the publick Treasury to the petitioner in his Capacity for 
the Uses mention'' in said petition. [Passed Jamiary 20. 



CHAPTER 181. 

ORDER NOTIFY^ THE INHABITANTS OF THIS PROVINCE IN REGARD TO 
THE ACT ESTABLISHING THE VALUE OF MONEY AND THE EQUI- 
TABLE PAYMENT OF DEBTS. 



Legislative 
Records of the 
Council, xvii.. 
Mis., 392. 
Mass. 

Archives, cii., 
204. 

Legislative 
Records of the 
Council, 
xvii. (3), 249. 
Province 
Laws, ii., 1083, 
chap. 12. 



Whereas it is highly Necessary that the Act Enacted by this 
Court at their present Session for the Establishing and Ascertaining 
the Value or Rates of Money and for the Equitable Payment of 
Debts hereafter to be Contracted &c. should be timely known and 
well Understood by His Majesties good Subjects of this Province. 

Therefore 

Ordered That The Sherriff of the County of Suffolk is hereby 
directed to cause One Printed Copy of said Act to be sent to the 
Town Clerk of each Town in this Province before the first Day of 
March next, and said Clerk shall deliver the same to the Moderator 
of the Anniversary Town Meeting of their respective Towns in said 
Month, who is hereby directed to cause the same to be Publickly 
Read at the Opening of such Meeting. 

And the Publick are hereby Informed that Provision is made in 
said Act, that each Six Shillings and Eight pence of all Debts and 
Dues that shall be Contracted after the last Day of said March shall 
be Construed & Adjudged to be Contracted equal in Value to One 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 89 

Ounce of Silver Coin Sterling Alloy That is to Say Whoever shall 
Sell to, Credit or Trust any Person so much as is Worth Twenty Six 
Shilling's and eight pence in Old Tenour Bills or according to the 
Common Currency (unless the Buyer and Seller shall expressly other- 
ways Agree) the same shall be Charged at Six Shillings & Eight pence, 
and so in proportion for a greater or lesser Sum, And whenever the 
Debt is put in Suit or is paid the Creditor shall be Entitled to an 
Ounce of Silver for each such Debt, or to so much in Publick Bills 
as shall be equal to an Ounce of Silver at the time of Payment. 

And to the Intent the Bills should not be Depriciated, It is 
further Provided in the said Act that if any Person shall directly 
or indirectly Give or offer to Give Eeceive or offer to Keceive for 
One Ounce of Silver Coin Sterling Alloy or other Silver Unwrought, 
more than Six Shillings and Eight pence in the Bills in this Session 
Emitted for the Supply of the Treasury or (in that proportion) in 
any other Bills Emitted or that may be Emitted by this or any other 
Government, or more in Value than Six Shillings and Eight pence 
in any other thing whatsoever shall for each Offence Forfeit and Pay 
a fine equal to Two Hundred Pounds Old Tenor and if other Evi- 
dence be wanting the Defendant shall Acquit himself by Oath or be 
judged to Pay the Fine aforesaid. 

And the Sherriff of the County of Suffolk shall as soon as may 
be Transmit Four Printed Copys of this Order to each member of 
this Court; Three of which shall by him forthwith be Posted up in 
the most Publick places of the Town, which he is an Inhabitant of, 
and the other to be Improved for the Information of his Towns men 
as he sliall think proper. \^Passecl January 21. 



CHAPTER 182. 

ORDER ALLOWING THE HAMPSRi' COUNTY TREASURER'S ACC™. 

The Accompt of William Pynchon Esq"" Treasurer of the County Legislative 
of Hampshire for the year 1740, having been laid before the Court councif ^**^^ 
of General Sessions of the Peace for the said County, and bv them xvii. (3)', 256; 

11-1 d T J ibid., xvii., 

allowed : Mis.! 399. 

Read and House Jour- 

Ordered, that this Accompt be allowed, and the sum of One bun- °*i' p- ^^^ 
dred Ninety six pounds Nine shillings and two pence the said Treas- 
urer is accountable to said County for. [Passed Jariuary 21. 



CHAPTEE 183. Legislative 

^-^-^■^-^ -L-Lixt xou. Records of tlie 

Council, xvii., 
Mis., 399. 



ORDER ABOUT THE NUMBER OF COIVF''*: TO SIGN BILLS OF CREDIT 

Mass. 
Archives, cii., 

Ordered that the Committee for signing the Publick Bills of '^^- Legisia 

T.T n, 1 T iij • ,^ £> 1 1 1 ^ , tive Records 



Credit be and hereby are directed to sign the first or largest plate the Councii,'^ 
with Six hands the second with four and the third with two. Hou'se^Jo^ur- 
\ Passed Januarii 22. nai, p. iso. 

> Adjourned to March 17. See Legislative Records of the Council, xvii. (3), 258. ^^^^' ^^^' 



of 



90 



Province IjAS^^ {Resolves, etc.) . — 1741-42. [Chaps. 184, 185.] 



CHAPTEE 184. 



Legislative 
Records of the 
Council, 
xvii. (3), 261. 
Mass. 
Archives, 
xxxi., 384. 

Legislative 
Records of the 
Council, xvii., 
Mis., 401. 
House Jour- 
nal, p. 194. 
Province 
Laws, xii., 706, 
chap. 91. 



ORDER IMPOWERING BENJ TRAY, INDIAN, TO EXECUTE A DEED. 

A Petition of Benjamin Tray of Natick, Indian Planter, Shew- 
ing that his father Benjamin Tray petitioned this Court to have 
liberty to convey to the Rev'^ M' Oliver Peabody Minister of said 
place, six Acres of Land of the Common land in Natick, in testi- 
mony of his respect to liim, which the Court granted ; but his father 
soon after went to the West Indies and is not returned, so that he 
has not yet made the said Deed of Gift; and therefore praying that 
the Petitioner, who is heir to the said land, may be impowered to 
pass a Deed of said Six Acres of Land to the said M"" Peabody. 

Read and 

Ordered that the Prayer of the Pet" be granted, and that the Pef^ 
be allowed and Impowered to give and execute a good and Lawful 
Deed of the said Six Acres of Upland and Swamp to the said Oliver 
Peabody accordingly. \^Passed March 19. 



CHAPTER 185. 



Legislative 
Records of the 
Council, xvii., 
Mis., 409. 
Mass. 

Archives, cii., 
209. 

Mass. 

Archives, cii., 
208. Legisla- 
tive Records of 
the Council, 
xvii. (3), 262. 
House Jour, 
nal, p. 194. 
Ante, p. 53, 
chap. 93. 



ORDER ACCEPTING REPORT OF THE COMT^e FOR BURNING TORN & 
DEFACED BILLS AND DISCHARGING THE PROVINCE TREASURER OF 

£30,756. 15. 7. 

The Committee appointed by the General Court for burning of 
Torn and Defaced Bills, have attended that service, and have received 
of M"" Treasurer Foye, the Province Bills, Amounting in the whole 
to the sum of Eight thousand one hundred and fifty nine pounds 
seventeen shillings & seven pence in Bills of the New tenor, and of 
Twenty two thousand five hundred and Ninety six pounds Eighteen 
Shill^* in Bills of the Old Tenor, and have consumed them to Ashes. 
And therefore are of Opinion that M"" Treasurer Foye be accordingly 
discharged of the above sum of Eight thousand, one hundred & fifty 
nine pounds seventeen shillings »& seven pence New tenor Bills, And 
also of the sum of Twenty two thousand five hundred & ninety six 
pounds, eighteen shillings in Bills of the Old Tenor. 

John Jeffkies Jacob Wendell 
Boston Feb. 12. 1741. Richard Bill Tho^ Gushing 

Timothy Prout Edw Bromfield 

Ja^ Allen 
Read and 

Ordered that this Report be accepted and that M'' Treasurer Foye 
be accordingly discharg'd of the Above Sum of Eight Thousand One 
Hundred and fifty Nine pounds Seventeen Shillings and Seven pence 
New Tenor Bills.' And also of the Sum of Twenty two thousand five 
hundred and Ninety Six pounds. Eighteen Shillings in Bills of the 
Old Tenor. [Passed March 19. 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 91 



CHAPTER 186. 

ORDER WITH STAY OF EXECUTIONS GRANTING FURTHER TIME TO 
NATH'- COOCHUCK, INDIAN, TO SELL LAND. 

In the House of Kep"- Sds"o7the 

Whereas An Order was pass'd this Court on the 19'" of Jan^ last Council, xvii., 
on the Petition of Nath' Coochuek Impowering Cap* Fisher and Mass. 
M' Livermore to make Sale of the Lands of the said Coochuek for ^xxi!,^367. 
the purpose mentioned in said Petition. But forasmuch as noth- '^^^ .^j^^^.J^ — 
ing efEetual has been done agreable to the said Order ; and the time Records of the 
is now Elapsed, so that it is necessary in order to releieve the Peti- xvli^ls)', 264. 
tioner to give further time. nai"p^ m""^' 

Ordered that the said Petition be revived and the prayer thereof Ante,'x>.«i, 
be so far granted as that M"" Livermore and Cap* Fisher with Such ^^*p- ^'^'^• 
as the Hon^'® Board shall Joyn be a Committee to Assist the Peti- 
tioner in the Sale of the Lands therein mentioned on or before the 
first Wednesday of May next for the most they will Sell for. 

And Executions within mentioned are Stayed in the mean time. 

In Council Eead & Concurd & Fra^ Foxcroft Esq' is join'd in the 
Affair. [^Passed March 19. 



CTTATDnnTj^T> 1Q7' Legislative 

-tli^xJ-Ji'-K iO<. Records of the 

Council, xvii.. 
Mis., 404. 
VOTE FOR AN ADDITIONAL ALLOWANCE TO THE GOVERNOR. Mass. 

Archives, 
xlix. 146. 

Voted that the Sum of two thousand Pounds granted to His Ex- ^^ -giative — 
celleucy the Governour the 21'* of August last be made equal to Records of the 
five hundred pounds Bills of Credit of the last Emission for the xvlh^s)', 265. 
Supply of the Treasury. [Passed March 20. naTp^'94!"'" 

Ante,T^. 43, 
chap. 69. 



Cm A'DT'TnT? 1QQ Legislative 

-tli^i-LJ^-K loo. Records of the 

Council, 
xvii. (3), 265. 
VOTE FOR AN ADDITIONAL ALLOWANCE TO THE LATE GOV BELCHER. Mass. 

Archives, 
xlix., 147. 

Voted that the Sum of One hundred Eighty two pounds Granted ^^ igiative — 
to the late Gov"" Belcher the 6"^ of Ocf last be made equal to two Records of the 
hundred and fifty pounds Bills of Credit of the last Emission for ml^^mflbici., 
the Supply of the Treasury. {Passed March 20. Houle^jour^' 

nal, p. 195. 

Province 

Laws, ii., 1072, 
chap. 8. 

CHAPTER 189. 

ORDER IMPOWERING STOUGHTON WILLIS, ADMINISTRATOR, TO EXECUTE 

A DEED. 

" A Petition of Stoughton Willis, Administrator of the Estate Legislative 
of Ebenezer Willis late of Bridgewater dec'i Intestate, Shewing ^^Xcn""**^® 
that his said Intestate in his life time sold to one John Hinds a ^j^^^i^C^)' 267- 
Tract of Land, & bound himself under the Penalty of One Thou- Archives, 
sand Pounds to give him a good Deed thereof, but died before he ^^"•' ^'^^- 



92 



Province Laws (i?e6'0?i-e-9, e^c.). — 1741-42. [Chaps. 190,191.] 



Legislative 
Records of the 
Council, xvii., 
Mis., 405. 
House Jour- 
nal, p. 193. 



performed it; and therefore praying that the Petitioner may be 
impowered by this Court to give a Deed of the said Land. 

Bead and 

Ordered that the Prayer of the Petition be granted and that the 
said Stoughton Willis be and hereby is fully Impowered to make a 
good and effectual Deed of Conveyance of the said Land to the said 
John Hinds accordingly. [^Passed 3Iarcli 20. 



CHAPTER 190. 

ORDER IMPOWERING THE TRUSTEES OF THE WILL OF M'' BELL TO 
SELL AND CONVEY LAND. 



Legislative 
Records of the 
Council, 
xvii. (3), 272. 
Mass. 
Archives, 
Iviii., 319. 

Mass. 
Archives, 
Iviii., 318. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 410. 
House Jour- 
nal, pp. 192, 200, 
201. 



A Petition of the Rev"^ M' Nehemiah Walter and others Trus- 
tees of the last will of M- Bell, Shewing that he left a considerable 
Estate in Lands to the Free School in Roxbury, which bring in but 
a small rent by reason of their disadvantageous situation; and there- 
fore praying that they may be impowered by this Court to sell eigh- 
teen acres of Pasture Land so that part of the Produce may be vested 
in the purchase of a piece of land adjoining to a meadow belonging 
to the said Estate for making a way to the said Meadow, the rest 
of the produce to be let out at Interest till they can purchase other 
lands for the benefit of the said School. 

Read and 

Ordered that the Prayer of the Pet" be granted and that the Rev^ 
Neliemiah Walter Edward Ruggles and Samuel Gridley as Trustees 
of the last Will and Testament of M'' Bell be and hereby are Author- 
ized to make and execute a good Deed of Conveyance in the Law 
for the eighteen Acres of pasture Land mentioned in the said Peti- 
tion ; provided that part of the produce thereof be vested in pur- 
chasing of, or by way of Exchange to procure the two acres of Land 
Joyning to the said Meadow for the Use of the said Free School in 
Roxbury And that it may be accommodated with a Way as set 

forth in the Pet" And that the remaining part of the produce 

of the sale of the s*^ Eighteen Acres, be put out on good security, 
till such time as the Pef^ or their Successors have a good opportu- 
nity to purchase another Tract of Land or other real Estate which 
may be of greater Profit to the said Freeschool. And that the Annual 
Profit or Interest of the moneys let out, and the lands when purchased 
be applyed to the Use and for the benefit of the s*^ Freeschool, as the 
Master thereof by the Feoffees of the s'l School or those that have 
the care of His Support and Maintenance and to no other L^se what- 
soever, \^Passed March 23. 



CHAPTER 191. 



Legislative 
Records of the 
Council, xvii.. 
Mis., 406. 
Mass. 
Archives, 
Ixxii., .590. 



VOTE ALLOWING £5 FOR FOUR YEARS TO ELISABETH JONES. 

Whereas this Court at their Session in May 1739 Granted to 
Josiah Jones of Concord the Sum of five pounds New Tenor Bills 
^ Annum for the space of five Years in consideration of His Ser- 
vices and Sufferings 



[2d Sess.] Province Laws (^Resolves, etc.). — 1741-42. 93 

And the said Jones being since dec'd and Leaving a Widow and Refords^of th 
three Small Children in Necessitous Circumstances Therefore Counou, 

Voted that the said Widow Elizabeth Jones be allowed and paid House'^Jour- 
out of the Province Treasury the Sum of five pounds the present °^i' \-^!^- 
Emission ^ Annum for four Years from the Month of March 1740 Laws, xii.,577, 
in consideration of her Circumstances abovesaid. [Passed March 24. ^ ^^' ^' 



CHAPTEE 192. 

ORDER REFERRING THE PETITION OF ISAAC LITTLE ESQ" FOR BRING- 
ING FORWARD A WRIT OF REVIEW. 

A Petition of Isaac Little of Pembroke in the Countj'- of Plym- Legislative 
outh Esq. Shewing that he has had a Controversy in the law with coundf *^* ^"^^ 
Nicholas Sever Esq'' and his Wife, as she is Administ'' of the Estate xvii. (3)', 129, 

of Charles Little dec*^ that they submitted their differences to Arbi- -^ — ■ 

trators, who brought in their Award, with which both Parties com- Records o?the 
plied and mutual Acquittances were given ; Since which time the ^^""^'qI' 04- 
Petitioner found that there was omitted by mistake, an article in House j'our-' 
his favour; which the Arbitrators and the said Sever refused to rec- 202''203.' ^^p'rov! 
tify. Wliereupon the Petitioner went into the Common Law, but lost 7^'^eha^^i89"'' 
the cause by reason of the said Acquittances; And therefore Pray- 
ing that he may be admitted to a Eeview of his cause, and that it 
may be tried without relation to the said Acquittances, or that the 
Arbitrators may rectify the mistake. 

Francis Foxcroft Esq'' from the Committee of both Houses' re- 
ported on the petition of Isaac Little Esq", that it be refer'd to the 
second Thursday of the next May Session, that so the parties may 
accommodate the affair in difference. 

Read and Accepted, and 

Ordered that this Petition be refer'd accordingly. [Passed 
March 24. 



CHAPTER 193. 

VOTE ALLOWING THE ACC'' OF FRANCIS WILKS ESQ''. 

An Accompt presented by Francis Wilks Esq"" Agent for this Legislative 
Province in London of Receipts and Disbursements, beginning the c^une*}® '^^ ^^^ 
2V^ of November 1740 and ending the 14*^ of September 1741, xvii. (3)', 274. 
Ballance due to M"" Wilks being £239. 16. 3 Sterling. House Jour- 

Read and °^''P-2°1- 

Voted that the above Accompt be Allowed, and that the Ballance 
thereof being Two hundred and thirty nine Pounds, sixteen shillings 
and three pence Sterling be remitted to the said Francis Wilks Esq"" 
by the Province Treasurer as soon as may be. [Passed March 24. 

> The appointment of this committee has not been found. 



91 



Province 'LA^ys (Besolves, etc.). — 1741-42. [Chaps. 194, 195.] 



CHAPTER 194. 



VOTE ESTABLISHING THE WAGES OF THE PROVINCE SNOW. 



Legislative 
Records of the 
Council, xvii., 
Mis., 407. 
Mass. 
Archives, 
Ixiv., 177. 

Legislative 
Records of the 
Council, 
xvii. (3), 275. 
House Jour- 
nal, p. 201. 



Voted that the Wages of the Captain of the Province Snow from 
the 20*'' of May next to the 20''' of November next after shall be at 
the rate of five pounds ten Sliillings ^ Month of the present Emis- 
sion if the War continues 

The Lieutenant t* Month £3. 12 

The Master D" 3. 2 

The Doctor D" 3. 2 

The Chaplain D" 3. 2 

The Gunner D" 2. 18 

The Mate D» 2. 10 

The Boatswain T>° 2. 15 

The Steward D» 2. 5 

The Cook D« 2. 5 

The Gunner's Mate D" 2. 5 

The Pilot D« 2. 18 

The Boatswains Mate D" 2. 5 

The Carpenter D" 2. 15 

The Cooper D" 2. 5 

The Armourer D° 2. 5 

The Coxon D" 2. 5 

The Quarter Master D° 2. 5 

The Carpenter's Mate D^ 2. 5 

Seventy Sailors or Foremast Ment ' Each, 2 

[Passed March 34. 



CHAPTEE 195. 



VOTE ACCEPTING THE REPORT ON NANTUCKET INDIANS COMPLAINT 
AND APPOINTING A COMMITTEE ON THE AFFAIR. 



Legislative 
Records of the 
Council, 
xvii. (3), 259; 
ibid., xvii.. 
Mis., 408. 
Mass. 
Archives, 
xxxi., 390. 

Legislative 
Records of the 
Council, 
xvii. (3), 275. 
House Jour- 
nal, pp. 191,203. 



A Petition of John Wequaal and others Indians of Nantucket, 
complaining of great abuses from the English of that Island in de- 
priving them of the improvement of their own Land, and bringing 
them into servitude; praying for Eedress from this Court. 

The Committee to whom was referred the Complaint of John 
Wequaal et aP Indians of Nantucket having heard the complaints 
and considered thereon Are of opinion that inasmuch as John 
Mason and Trustrum Starbuck have purchased of Benjamin Abel 
the Sachem the land mentioned in said Complaint at Secatan & 
a full understanding of the matters complained of cannot be had 
without hearing the Complaints & the Sachem & Said John & Trus- 
trum, which with little charge may be done at Falmouth in the 
County of Barnstable, that therefore some suitable persons may 
be appointed by this Court to hear all parties concerned at Fal- 
mouth aforesaid giving proper notice thereof and make report what 
they think fit this Court to do thereon. 

All which is submitted 

by John Cushing ^® Order, 

Eead & Accepted & Silvanus Bourn & David Crocker Esq" & 
M"' John Sumner (or any two of them) are appointed a Com*^*^ for 
the purjjoses above mentioned. [Passed March 24. 



» Sic. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1741-42. 95 



CHAPTEK 196. 

ORDER ALLOWING £98. 10 TO CPT. JOHN PRESCOT. 

A Memorial of John Prescot Esq' Captain of a Company raised R|f^^^^g"^f jj^g 
within this Province for the Expedition against the Spaniards; pray- council, 
ing that this Conrt would revive and further consider a former Memo- 'Magg.*^^^' ^'^" 
rial of his, setting forth that the charge of subsisting his Company ^^^|?^^||^ 

was much greater than the Allowance made by the Governm* and ^i^^ — '■ 

therefore Praying he may be reimbursed. Archives, 

[Read and] Leg^iatwe 

Voted that the Sum of Ninety Eight pounds ten Shillings the Records onhe 
present Emission be allowed the Memorialist out of the Publick Mi8.,409.'^ *' 
Treasury in full Satisfaction for the Bounty and Subsistance Money ^^°j^^® \2^^- 
granted him on Ace' of the Soldiers Enlisted by him for the Expe- (December,^^ 
dition to the West Indies. [^Passed March 24. ' ^' 



CHAPTEK 197. 

ORDER IMPOWERING BENJ WISER, INDIAN, TO SELL LAND. 

A Petition of Benjamin Wiser of Worcester, Indian, Praying Legislative 
for liberty from this Court to sell Thirty Acres of Land left to councfr' ^^"^ 
him in Natick by his Father Daniel Wiser, to enable him to pay f^jj*;^^)' ^^*- 
for a Tract of Land he has bought adjoining to the Town of Worces- Archives, 
ter, and to finish a House he is building thereon. xivi., i35. 

In the House of Rep^"=^ Read and Riordfof the 

Ordered that the Prayer of the Pet" be granted And the Pef is Council^ xvii., 
hereby allowed and Impowered to Sell the thirty Acres of Land in House Jour- 
Natick accordingly. and that Col Ward with such as the Hon^"^ nai, pp. 197.199. 
Board shall Joyne be a Comm**^ to see that Justice be done in the sale 
of the Premisses, the produce to be applyed for the payment of the 
Lands which the Pef has purchased at Worcester The remainder 
(if any there be) to be applyed towards finishing a House Erected 
thereon. 

In Council; Read & Concur'd And Francis Foxcroft Esq"" is joined 
in the Affair. [Passed March 34.' 



CHAPTER 198. 

ORDER REFERRING THE HUNTS TOWN PROPRIETORS PETITION ABOUT 

A BOUNDARY. 

A Petition of Cpt Adam Cushing for himself and the rest of ^f^^'^g^Jf^^e 
the Proprietors of the Canada Township called Hunts ifown, Avhich council, 
adjoins to the West Line of Deerfield, complaining of the Select M^asg.^^^'^'^' 
men of Deerfield for their refusing to shew them their West Line, ^^f^'^i^^- 
which prevents the Settlement of the said Hunts Town ; and there- JLI2J—: 

1 This date is according to Mass. Archives and Legislative Records of the Council, 
xvii., Mis. ; according to Legislative Records of the Council, xvii. (3) , the date is March 27. 



96 



Province Laws {Resolves, e^c.). — 1741-42. [Chaps. 199, 200.] 



Mass. 
Archives, 
oxiv., 700. 
House Jour- 
nal, p. 207. 



fore Praying that a Committee may be appointed to run the said 
West Line of Deerfield according to their Grant. 

Read & 

Ordered that the Pef serve the Select Men of the Town of Deer- 
feild with a Copy of this 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.' {^Passed March 25. 



CHAPTER 199. 



Legislative 
Records of the 
Council, 
xvii. (3), 279. 
Mass. 
Archives, 
xxxi., 389. 

Legislative 
Records of the 
Council, xvii., 
Mis., 412. 
House Jour- 
nal, pp. 193,205. 



ORDER IMPOWERING JEFF. HENRY, INDIAN, TO SELL LAND. 

A Petition of Jeffry Henry of Natick Indian Planter, praying 
for liberty to sell Twenty Acres of Land in said place, to reimburse 
his charge in supporting his aged Father and in purchasing a piece 
of meadow there, as also to enable him to build a comfortable Dwell- 
ing house. 

Read and 

Ordered that the Prayer of the Pet° be so far granted as that the 
Pef have liberty and power to make sale of the twenty Acres of Land 
that is already laid out as mentioned herein for the most it will sell 
for, and to give and execute a good Deed or Deeds accordingly The 
proceeds thereof to be put into the hands of Cap*^ Isaac Coolidge of 
Sherburne to be Improved for the Uses mentioned in the Pet" who 
is hereby directed and Impowered to See that Justice be done the 
Pef in the sale of the Premises. \^Passed March 26. 



CHAPTER 200. 



Legislative 
Records of the 
Council, 
xvii. (3), 280. 
Mass. 
Archives, 
xxxi., 391. 

Legislative 
Records of the 
Council, xvii., 
Mis., 411. 
House Jour- 
nal, pp. 193,204, 
20.^. 



ORDER IMPOWERING HAN: SPEEN, INDIAN, TO SELL LAND. 

A Petition of Hannah Speen of Natick Indian, widow. Praying 
for liberty to sell Twenty Acres of Common Lands in Natick, which 
she holds in her own right, for the payment of her debts contracted 
in the maintenance of her children and for the more comfortable 
support of her family hereafter 

Read and 

Ordered ' that the Pef^ have liberty to Sell the twenty Acres of 
common Land mentioned herein for the most it will Sell for and 
to give and Execute a good Deed or Deeds accordingly The pro- 
ceeds thereof to be applyed for the payment [of] ' her Just Debts 
the remainder to be put into [the] ' hands of Cap* Isaac Coolidge 
of Sherburne to be improv[ed] " for her future uecessityes and the 
Comfort of her Children while Young The said Cap* Coolidge is 
also directed to See that Justice be done the Pef in the Sale of the 
Premisses. [Passed March 26. 

1 At the hearing, June 25, 1742, this petition was dismissed. — House Journal (June, 
1742),pp. 57, r)8. 

2 The House Journal, p. 204, reads, " Voted." 
' MS. mutilated. 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 97 

CHAPTER 201. 

ORDER IMPOWERING ABIG. & JOS" BLAKE TO EXECUTE A DEED. 

A PETiTiGisr of Abigail Blake, Widow and Executrix of Solo- Legislative 
moil Blake late of Boston dec'' (for herself and as Guardian to her councu^ ^'^ ^'^^ 
youngest son William Blake a minor) and of Joseph Blake the said xvu. (3),280. 
Solomons eldest Son ; Shewing that the said Solomon by his last Archives, 

Will and Testament left his housing and Lands to be improved by ''^''"•' ^^'^' . 

his said wife during her life, and after her death to his said sons ; Archives 
And forasmuch as it will be much for the advantage of all con- xvii., 867.' 
cerned to have the said Estate sold, which cannot be without the Records 'of the 
leave of this Court; therefore Praying for liberty to sell it accord- Mis.^m.^^""' 

infflv House Jour- 

^-.-^ ■ T T nal,pp.Hjy,208. 

Kead and 

Ordered that the Prayer of the Pet" be granted and the Pef 
Abigail Blake in her said Capacity, and Joseph Blake are hereby 
Impowered to pass and Execute a good Deed in the Law of the 
House and Land mentioned herein They giving sufficient 

Security to the Judge of Probate for the County of Suffolk to 
Account with him for the said William's half of the produce 
thereof. \^Passed March 26. 



CHAPTER 202. 

ORDER STAYING LEGAL PROCESSES AGAINST THE ESTATE OF AMMI Legislative 
PRINTER, INDIAN, DECEASED, AND IMPOWERING ISRAEL STEVENS Records of the 
EXECUTOR TO SELL LANDS. xvii°(3), 281. 

Mass. 

A Petition of Israel Stevens Executor of the last Will of Amy xxxi.^ssi. 
Printer of Grafton, Indian, dec*^ praying for liberty from this Court Mass. 
to sell his lands for the payment of his debts and other purposes, xxx^'^llo- 

Eead & xvil.,'869-876. 

Ordered ihoi no Process in the Law for the Debts of said Printer Rifords'of the 
be admitted against the Petitioner till such time as the said Acco'^ Mi"'^4i2 "'^^"'' 
pass the Com*''® of this Court appointed the last Sitting to inspect House Jour- 
the Indian Affairs, & an Order pass this Court for Sale of Lands °^J»pp- 1*^2, 193, 
consequent thereupon. {^Passed Marclo 26. ^^^'^' ^:..p> 



CHAPTER 203. 

ORDER REFERRING THE PETITION OF ISAAC ALLEN TO SET ASIDE 
A JUDGMENT WITH STAY OF EXECUTION. 

K Petition of Isaac Allen of Brantree, Shewing that one Eleazar Legislative 
Veasy of Brantree took out a Writ against him upon a note he had c^Jincff "**^® 
forged, which was tried at the last Inferior Court of Common Pleas xvii. (3)', 26O. 
for the County of Plimouth, and he recovered thereon Seven pounds Archives, 
damage and Four pounds cost against the Petitioner, of which the ^'"•' ^ 



Petitioner knew nothing till the Execution was taken out, the pre- naTpp'^1'^210. 
tended service of the Writ being a Cheat as well as the Note; And ' ' ' 



98 



Province Laws (Besolves, etc. ) . — 1741-42. [Chaps. 204, 205.] 



therefore praying that the Judgement thus obtained against him 
may be set aside, or he otherwise relieved by this Court. 

Read, But Inasmuch as the Adverse Party, Eleazar Veazy, is out 
of the Province and so may not have personal Notice of this Petition ; 

Ordered that the further Consideration thereof be referr'd to the 
next May Session; and that the Execution within mention'd be staid 
in the mean time. [Passed March 27. 



CHAPTER 204. 



Legislative 
Records of the 
Council, xvii., 
Mis., 413. 

Mass. 
Archives, 
xlvii., 32-2y2. 
Legislative 
Records of the 
Council, 
xvii. (3), 283. 
House Jour- 
nal, p. 211. 
Ante, p. 16, 
chap. 10. 



ORDER RELATING TO THE REVISION OF THE PROVINCE LAWS. 

Ordered that the Committee for revising the Laws consider what 
alterations may properly be made by drawing the several Amend- 
ments of some particular Laws into entire Acts, as also what further 
alterations are necessary in such Laws as respects fines penalties fees 
& Wages which by the late establishment of lawful money will be 
greatly altered from the intention of the Legislature in the days 
when those laws were made. And the several Acts relating to the 
establishing of, and time & places for holding the several Courts 
viz' The Superiour Court of Judicature Court of Assize and Gen- 
eral Goal Delivery, Inferiour Courts of Common pleas and Courts 
of General Sessions of the Peace into One entire Act. And to report 
the same to the next session of the General Court to advise and 
determine therein. [Passed 3Iarch 27. 



CHAPTER 205. 



Legislative 
Records of the 
Council, 

xvii. (3), 285. 
Mass. 
Archives, 
xvii., 866. 

Mass. 
Archives, 
xvii., 864. 
House Jour- 
nal, pp. 200, 204. 



ORDER IMPOWERING JOHN SALE, EXECUTOR, & OTHERS TO SELL LAND. 

A Petition of John Sale of Chelsea in the County of Suffolk 
Executor of the last Will of Penn Townsend Esq'' dec*^ with the 
heirs of the said Testator that are of Age and the Guardians of 
those of them that are in their minority, praying for liberty from 
this Court to sell a House and Land left them by the said Penn 
Townsend situate in Tre Mount Street in Boston, the said House 
being in a very ruinous condition; the produce to be deposited into 
the hands of Samuel AVatts Escf & others named in the Petition or 
such other persons as this Court shall appoint as Trustees, to em- 
ploy the money for which the House and Land shall be sold to the 
uses mentioned in the Petition. 

Kead and 

Ordered that the Petitioners in their capacitys be and hereby are 
Authorized and Impowered to sell and dispose of the S'^ House and 
Land within mentioned, and give Deeds thereof accordingly, taking 
the Advice and direction therein of Samuel Watts Esq'' Mess''' Sam- 
uel Pratt and Nathaniel Oliver Jun' all of Chelsea in the County of 
Suffolk or any two of them. And that the Money the said House and 
Land shall be sold for, be Lodged in the Hands of the said Watts 
Pratt and Oliver. And they or any two of them are hereby Im- 
powered with any part of the Money, said Premisses are Sold for to 
repair the Dwelling House on the said Farm, as also the old Barn, 



[2d Sess.] Province Laws (liesolves, etc.). — 1741-42. 99 

or to build a New One, and to make stone Walls and Ditches or any 
other things as they shall Judge may be for the Advantage of said 
Farm, And in Case they Shall Judge it not necessary to lay 

out the whole of said Money on said Farm as aforesaid, That the 
Said Committee are hereby Impowered and directed to lett out on 
Interest the remaining part of said Money, taking good Security 
therefor, and paying the Interest thereof Annually to the Said John 
Sale ; And after his decease to pay the Principal (and Interest if any) 
to the said four Children of the said John and Anna Sale if then Sur- 
viving or to their Guardians if any such there be. [Passed March 29. 



CHAPTER 206. 

ORDER OF NOTICE ON JOS. BELKNAPS PETITION PRAYING FOR A NEW 
TRIAL OF A CAUSE. 

A Petition of Joseph Belknap, Shewing that this Court refer'd i?^^^!?*^^.® ^ 
the consideration of his former Petition, complaining of foul prac- council, 
tices upon the Jury in a cause between him and Samuel Belknap, ^^"' (■^)''^^^- 
and praying for a new Trial, with some prospect that the matter in ^^^^^ ffs^" 
Controversy would be issued by a Rule of Court; but forasmuch as Anie,ii.2J, 
the parties have failed of success therein, therefore Praying that the ^ ^^' 
Petitioner may have a new Trial of said cause, and Execution staid 
in the meantime. 

Read and 

Ordered that the Petitioner serve the adverse party ' with a copy 
of this Petition, that so he may shew cause on the Second Wednes- 
day of the next May Session, why the prayer thereof should not be 
granted, and Execution is staid in the mean time. [Passed March SO. 



CHAPTER 207. 

ORDER OF NOTICE ON THE DIGHTON PETITION IN REGARD TO THE 
RESTORATION OF LAND. 

A Memorial of Sylvester Richmond Jun"" Esq'' Representative Legislative 
of Dighton, in behalf of said Town, Shewing that in the year councf f, *^* ^'^^ 
1735. in annexing a Gore of land lying between Rehoboth, Norton, xvii.(3),289. 
Taunton and Dighton unto the Town of Rehoboth, they have by House Jour- 
mistake included a part of the Town of Dighton; and therefore province' 
praying that the said Land may be restored to the said Town of ^hlip^'iel!'' ^^' 
Dighton. 

Read and 

Ordered that the Petitioner serve the Town of Rehoboth with a 
copy of this Memorial by leaving it with the Representative of said 
Town, that they shew cause (if any they have) on the Second Wednes- 
day of the next May Session, why the prayer thereof should not be 
granted, [Passed March 30. 

1 The House Journal, p. 215, here inserts, " Samuel Belknap." 



100 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 208-210.] 



CHAPTER 208. 



Legislative 
Records of the 
Council, 
xvii. (3), -290. 



ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF 
LANCASTER S^ INHABITANTS IN REGARD TO A MEETING HOUSE. 

A Petition of Ephraim Wilder and Joseph House for themselves 
and others Inhabitants of the Southerly Part of Lancaster old Town ; 
Shewing that a Vote has been obtained in a very irregular manner 
Archives, xii., ^0^ Setting their Meeting House in a very inconvenient place, much 
205-209. House to the damage of the Petitioners; and therefore praying for relief 

Journal, p. 216. „ ,^ ■ r, i_ ■ i u^i ij. 

from this Court m such way as may be thought proper. 

Read and 

Ordered that the Petitioners serve the Select men of the Town 
of Lancaster with a Copy of this Petition, that they shew cause, 
if any they have, on the first Fryday of the next May Session, why 
the prayer thereof should not be granted ; and all proceedings about 
the setting up and building Meeting Houses in said Town are hereby 
suspended in the mean time. \^Fassed March SI. 



CHAPTER 209. 



Legislative 
Records of the 
Council, 
xvii. (3), 359; 
ibid., xvii., 
Mis., 413. 

House Jour- 
nal, pp. 203, 216, 



ORDER APPOINTING A COMMITTEE ON THE PETITION OF JOHN EPHRAIM, 
INDIAN, TO SELL LAND. 

A Petition of John Ephraim of Natick, Indian, Praying for 
liberty from this Court to sell Thirty five acres of his common 
lands in said Town, or other lands remote from him, for paying 
his Debts he has contracted in building an house and makeing im- 
provements upon his Homestead and to enable him to build a barn, 
purchase a Team &° 

Read and in answer hereto, 

Ordered that Cap*" Fisher and Capt" Coolidge with such as the 
Honorable Board shall join ' be a Committee to enquire into the 
Affair mentioned in the Petition & report at the next may Session 
what they judge proper for this Court to do on this Petition. 
\^Passed March 31.'' 



CHAPTER 210 



Legislative 
Records of the 
Council, 
xvii. (3), 359; 
ibid., xvii.. 
Mis., 413. 

House Jour- 
nal, pp. 203, 216. 



ORDER APPOINTING A COMMITTEE ON THE PETITION OF MOSES & 
JOSHUA WABAN, INDIANS, TO SELL LAND. 

A Petition of Moses and Joshua Waban, of Natick, Indians, 
praying for leave from this Court to sell twenty Acres of Common 
Land, descended to them from their father, that so they may be 
enabled to build a comfortable House and support their aged Mother 
the remainder of her life. 

Read and in answer thereto 

Ordered that Cap* Fisher and Capt Coolidge with such as the 

> No record has been found of the completion of thi.s committee. 

2 This date is according to Legislative Records of the Council, xvii., Mis., and the 
House Journal ; according to Legislative Records of the Council, xvii. (3) , the date is 
April 23. 



[2d Sess.] Province Laws (Resolves, etc.). — 1741-42. 101 

Hon^'* Board shall join ' be a Committee to examine fully into the 
Affair mentioned in the petition and report at the next May Ses- 
sion what they Judge proper for this Court to do on this petition. 
[Passed March 31." 



CHAPTER 211. 

ORDER ACCEPTING THE COMMITTEES REPORT ON THE COMPLAINT OF 
PUNCAPAUG INDIANS. 

A Petition of Amos Ahanton and others, Indian Proprietors of Legislative 
Puncapaug, praying that John Quincy Esq'' their Trustee may be councif,*^ 
ordered to give in the Accompts of his transactions for them, and U^"- ^^^^' 
that some other person may be made their Trustee. ^''I^^^lf^ 

Tlie Committee appointed on the Petition and Complaint of Amos ^^^^^^^^^ — '- 

Ahanton and others, having assigned a time for hearing the Peti- Archives, 
tioners, none of the Petitioners save Amos appeared to support the Legisl^iVe 
matters of Complaint therein set forth against the Trustee of the Records of the 
Indians at Puncapaug ; one of the Petitioners being deceased some m^8.?414.^^"'* 
years before this Petition was prefer'd, and, so far as appears to us, nai"ppfi45''i46 
before his name was set to it, and others of them having signified 2i6,'2i7*. 
under their hands that said petition was not signed by them or by 
their order, and that they are well satisfied with the conduct of the 
said Trustee ; but the said Amos on the said hearing, alledged sun- 
dry matters of grievance, relating partly to the cloathing but prin- 
cipally to the Food allowed and delivered to the Indians by said 
Trustee, whereof no sufficient proof was produced, especially as 
to the facts alledged, which if supported might have fixed blame 
upon him ; but on the contrary some things charged against him 
to us appeared groundless and abusive, prompted it is likely by 
some malevolent and disaffected Person (whose resentments were 
perhaps excited by a suit at law against him for non payment of 
some of the Indians money) and with an intent to traduce the said 
Trustee and expose his character, who notwithstanding any thing 
objected against him, has, so far as to us appears, been faithful in 
the discharge of the Trust reposed in him. And inasmuch as in case 
of the Indians sickness, old age or other extraordinary occasion of 
expence, the interest of the money in the said Trustees hands may 
not be sufficient for their support and relief ; that therefore he be 
impowered and allowed to advance or lay out such part of the prin- 
cipal stock as he shall judge to be absolutely necessary for that pur- 
pose, and thereof from time to time to render an Account to this 
Court. The Committee are further of Opinion that the Petition 
of the said Amos Ahanton &^ be dismissed, 

W" Pepperil per Order 

Eead & 

Ordered that this Eeport be Accepted, & that the Petition above 
referVl to be dismissed accordingly. [Passed Ajyril 2.^ 

' There is no record of the completion of this committee. 

2 This date is according to Legislative Records of the Council, xvii.. Mis., and the 
House Journal; according to Legislative Records of the Council, xvii. (3), the date is 
April 23. 

3 This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (3) , and the House Journal 
the date is March 31. 



102 



Province Ijav^^ {Resolves, etc.). — 1741-42. [Chaps. 212, 213.] 



CHAPTER 212. 



Legislative 
Records of the 
Couucil, 
xvii. (3), 301. 
Mass. 
Archives, 
xlii., 5. 

Mass. 
Archives, 
xlii., 3. House 
Journal, p. 225. 



ORDER OF NOTICE WITH STAY OF EXECUTIONS ON THE PETITION OF 
MALACHI EDWARDS AND ELIZABETH HIS WIFE, ADM"^, FOR A NEW 
TRIAL OF AN ACTION. 

A Petition of Malaclii Edwards of Wells in the County of York 
and Elisabeth his wife, as she is Administ'' of the estate of Josiah 
Littlefield dec*^ praying for a new Trial of an Action of Keview at 
the Superior Court in the said County, of a cause brought against 
the Petitioners by Jacob Perkins and Anna his wife, at the Inferior 
Court for the said County in April 1736, in consideration of some 
circumstances in the said last Trial (particularly set forth in the 
Petition) which they apprehend entitled them to this favour, and 
that Executions may be staid. 

Eead and 

Ordered that The Pet" serve the Adverse Partys the said Jacob 
Perkins and \yife with a Copy of this Pet" that they shew cause if 
any they have on the Second fryday of the next May Session why 
the prayer thereof should not be granted and all Exec°^ are Stayed 
in the meantime. \_Passed Ajiril 2. 



Legislative 
Records of the 
Council, 
xvii. (3), 302; 
ibid., xvii., 
Mis., 41(j. 

Mass. 
Archives, 
xvii., 883. 
House Jour. 
nal,pp.217,220. 
Province 
Laws, ii., 151, 
chap. 10. 



CHAPTER 213. 

ORDER IMPOWERING MARG. JEKYLL ADMINISTRATRIX TO EXECUTE A 

DEED. 

A Petition of Margaret Jekyll, Eelict Widow & Administ"^ of 
John Jekyll late of Boston Esq'' dec*^ praying for liberty from this 
Court to sell the real estate of the said John Jekyll, consisting of 
a House and Land in Boston, »& a Farm and the buildings thereon 
in Cambridge, in consideration of the Petitioners being about to 
remove into the Province of Pensilvania with the Children, who 
are all very young and that the said Eeal Estate will be much im- 
paired and endangered before the Children come of Age. 

Eead & 

Ordered that the prayer of the petition be granted, and the Peti- 
tioner is hereby allowed & impowered to give & execute a good Deed 
or Deeds of the houses or Land herein mentioned for the most they 
will sell for, upon proper notification, agreeable to the Law in the 
^^Q"- of George the first Chapter the 'i^ She giving sufficient suffi- 
cient ' security to the Judge of Probate for th(? County of Suffolk 
that the produce arising by said sale be let out at interest upon 
security to be approved of by said Judge. One third part of said 
interest to be for the use of the Petitioner during Life, the other 
two thirds or so much thereof as is needful, be applied to the sup- 
port & Education of her Children. Tlie petitioner to be accountable 
for the principle, & remaining part of the interest if any there be 
to the Children of the intestate or their legal Eepresentative as they 
respectively arrive at age or are married. [Passed Ajjril S. 

» Sic. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1741-42. 103 



CHAPTER 214. 

ORDER ALLOWING JN^ LARRABEE 6/ 6 PER WEEK PER MAN FOR VICT- Legislative 

UALLING THE GARRISON AT CASTLE WILLIAM. Records of the 

Council, 
xvii. (3), 304. 

A Memorial of John Larrabee Victualler of the Garrison at His Archives 
Majestys Castle William ; praying for an allowance in his Victualling ixxii., 589. 
Account now to be made up for the extraordinary price of Provisions. Legislative 

-D ^ ^ Records of the 

Keacl ana _ ^ Council, xvll., 

Ordered that the Memorialist be and he hereby is allowed Six Ho^'g* jqu,. 
Shillings and three pence per Week A Man in the Victualling Ac- nai,pp.2i7,226. 
count from November 1740 to March 4''' 1741. \^Passed April 3. 



CHAPTER 215. 

VOTE ALLOWING £5 PER ANNUM TO BENJ. WHITE DURING HIS LIFE. 

A Memorial of Benjamin White of Ipswich, praying for some Legislative 
Allowance from this Court in consideration of a grievous wound he couucff °*^^ ^'^^ 
received in the publick service, whereby he is disabled from labour- xvu. (3), 304. 

ing for his support. Archives, 

Read and in consideration of the Pef'^ Sufferings by his Wounds '^'^"•' ^^^' 

He rec'^ in the service of the Province and of his Inability thereby R^fordfof the 

Voted that there be allowed and granted out of the Publick Treas- Council, xvii., 
ury to the Petitioner five pounds ^ Annum during Life. {^Passed House Jour- 

April 3. nal,pp.215,226. 



CHAPTER 216. 

ORDER OF NOTICE WITH STAY OF EXECUTIONS ON THE PETITION OF 
MALACHI EDWARDS AND ELIZABETH HIS WIFE, ADMR'^, FOR A NEW 
TRIAL OF AN ACTION. 

A Petition of Malachi Edwards of Wells in the County of York legislative 

RGcords oi 1116 

and Elisabeth his wife as she is Adminisf" of the Estate of Josiah Council, 
Littlefield dec'' praying for a new trial of an Action of Eeview at M^^gP"*'^^^' 
the Superiour Court in the said County, of a cause brought against Archives, xiii., 

the Petitioners by Joseph Credifer and Esther his Wife at the Infe — '- 

rior Court for the said County in April 1736. in consideration of Archives, xisi., 
some circumstances in the said last Trial (particularly set forth in journai"^p. 225. 
the Petition) which they apprehend entitles them to this favour, Ante, p '102, 
and that Executions may be staid in the mean time, '^ ^^' 

Eead and 

Ordered that the Pef^ serve the adverse Partys the said Joseph 
Credifer and Wife with a Copy of this Pet" that they shew cause 
(if any they have) on the Second fryday of the next May Session 
why the Prayer thereof should not be granted 

And all Executions are stayed in the mean time. \^Passed April 5. 



104 Province Laws {Resolves, etc.). — 1741-42. [Chaps. 217,218.] 



CHAPTER 217. 

ORDER ACCEPTING THE COMMITTEES REPORT ON DUNSTABLE CON- 
STABLES PETITION, WITH STAY OF EXECUTIONS. 

Refords'of the ^ MEMORIAL of Tliomas Blanchard, Ebenezer Butterfield and 
Council, Samuel Taylour, Constables of the Town of Dunstable, setting 

ffiirfVxvii., ' forth their difficulties in collecting the Publick Taxes, and pray- 
Mats*^^' '^^^ ^^^ further time. 

Archives, cv., The Commitee to whom was refered the within Petition are hum- 

-— ■ bly of opinion that the Collecting of taxes of the Town of Dunstable 

Archives,cv., ^^r the Years 1738 and 1739 be suspended for six months from this 
188. Legishi- time, »& that the Executions issued by Treasurer Foy for said taxes 
the Council, ccase for that time which is humbly in the name & by order of the 
m"' House' Committe. Anthony Stoddard 

Journal Read and 

pp. 221, 228. 



Ordered that this Report be Accepted and the Executions men- 
tioned are hereby Stayed accordingly. \^Passed Ajjril 6. 



CHAPTER 218. 

ORDER IMPOWERING JOHN CUMMINGS TO BRING A WRIT OF REVIEW. 

Record"o^the ^ PETITION of Johii Cummins of Boston, Labourer, Shewing that 
Council, ^ one Richard Jones of Newport in Rhoad Island brought his Action 
309"' Mass! * to the Inferior Court in the County of Bristol against the Petitioner 
Archives, xh., ^^^^^ j-j^g -yyife, upoii a fraudulent Note pretended to have been sign'd 

— by his said Wife, and Judgment was for the Petitioner, from which 

Archives, xii., the Said Joiies appealed to the Superior Court, where the Petitioner 
tive i^cords was cast f or want of his Attorneys attendance at the said Court, on 
of .^'^'',9.0^°^"' which the Petitioner depended ; and therefore Praying that he mav 

xvn., Mis.,417. ■, t . , , ^ i • ■, Jo j 

House Jour- 06 admitted to a new trial. 

iiai,pp.i32,227. j>gj^^ ^-^1^ ye Auswcr of Samucl Rowland Substitute of Matthew 
Robinson Attorny of the s*^ Richard, And 

Ordered ihsit the Petitioners be En[abled] ' to Sue out A writ of 
Review of y'^ Action within mentioned ret[urnable] ' to the next 
Supr Court of Judicature to be holden at Bristol, & Cause y*" Same 
to be Seasonably Served upon y*^ s'' Samuel Howland Attorny of y® 
s"^ Richard, And the Justices of y'' s*^ Court are hereby directed & 
impowered there upon to hear & determine the Cause afores'' give 
Judgment and Award Execution therein: And t[hat] ^ the money 
& Security given by y® s*^ John upon y<^ Execution afores"^ remain in 
the hands of y'' Officer as a Security in part for what shall be finally 
recoueved against the petitioners, & if that Jud[gment] ' be reversed 
then to be returned to the s*^ John again. [Passed April 6.^ 

' MS. mutilated. 

2 This date is according to Mass. Archives, Legislative Records of the Council, xvii. (3), 
and the House Journal ; according to Legislative Records of the Council, xvii. (2) , Mis., 
the date is April 3. 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 105 



CHAPTEE 219. 

ORDER ALLOWING THE ACC^ OF JOHN QUINCY ESQ'' TRUSTEE FOR 
PUNCAPAUG INDIANS. 

An Accompt j^resented by John Quincy Esq' Trustee for the Legislative 
Indians at Puncapang of Receipts and Payments from January coimcif ^'^ ^'^^ 
1738 to December 17. 1741. xvii. (3)',3n. 

Read and House Jour. 

Ordered that the within Accompt be allowed/ and that there be °n*efp^wi, 
allowed and paid to tlie Accomptant for his care and trouble for '''"^i^- ■'^^^• 
the three years last past ending the Seventeenth of December 1741. 
the sum of Nine Pounds, to be paid him out of the Interest of the 
Indians Money as he shall receive it; the said Accomptant to be 
accomptable for the principal sum, being Seven Hundred and Five 
Pounds two shillings and six pence. \Passed April 6. 



CHAPTER 220 



ORDER IMPOWERING JOS. WISER TO SELL LAND. 



A Petition of Joseph Wiser of Natick Indian, praying for lib- Legislative 
erty from this Court to sell twenty 'Acres of Land in Natick, which councif, °* ^ ^'^ 
was the Estate of his father James Wiser dec*^ to pay the charge mTiss^^^'^^^' 
of his sickness and funeral, to Joseph Wait of Sudbury, in such Archives, 
manner as this Court shall judge meet. xxxi., 3/9. 



In the House of Rep"«« Archives. 

Read and in Answer to this Pet° i^^'^hm' 

Ordered that the said Joseph have liberty to Sell so much of the Records of the 
Land herein mentioned as will pay so much of the said Debt as shall Mis.^Tis.'''^"'' 
be thought Just and Reasonable by Cap* John Jones with such as ^^3*^",®,® "{j^"^^,- 
shall be Joyn'd by the Hon^'^® Board who are hereby appointed a 
Comm*^*^ to Assist the Pef in the Sale thereof. They to render an 
Ace' of their proceedings herein to this Court. 

In Council Read & Concur'd & Era* Eoxcroft Esq"^ is joined in 
the Affair. [Passed April 7. 



nal,pp.209,227. 



CHAPTER 221. 

ORDER IMPOWERING PALMER GOULDING TO SURVEY AND LAY OUT 
200 ACRES OF LAND. 

A Memorial of Palmer Goulding of Worcester, Shewing that Legislative 
he has found out an effectual remedy against the poyson of Rattle councif, °^ ^^^ 
Snake, and has made many thorough cures therewith, and propos- xvu. (3),2i5, 

iug to make it publick for the general benefit of the Province, in — '- 

case this Court will make him a proper consideration for it. na°i"pp.i52,i53, 

Read and in answer thereto ^^• 

Ordered that there be granted to the Petitioner a Tract of some 
of the unappropriated Lands of the Province not exceeding Two 
Hundred Acres on the following Conditions, viz* That he shall 

' This word is underlined in Legislative Records of the Council, xvii. (3) , and queried 
in margin, if it should be "accepted" instead of "allowed." 



106 



Province Laws {Resolves, e/c.). — 1741-42. [Chaps. 222, 223.] 



subdue six Acres thereof and bring the same to fit for mowing or 
plowing within three years from the confirmation of the same, and 
that he return a Phit thereof within twelve months to the General 
Court, and do in fact communicate his skill in the aforesaid cures, 
and such a description of the said Medicines as it may publickly 
and infallibly be known ; and that he bring credible proof of his 
having successfully applied the same in those cases mentioned in 
his Memorial, Avhereof as yet there is no certain Demonstration, 
& performs the same within twelve months after the present Sitting 
of the General Court. \^Passed A2))'il 7. 



CHAPTEE 222. 



Legislative 
Records of the 
Council, 
xvii. (3), 314. 
MasB. 

Archives, xlii., 
23. 

Mass. 

Archives, xlii., 
22. Legisla- 
tive Records of 
the Council, 
xvii., Mis., 418. 
House Jour- 
nal, pp. 214, 220. 



ORDER IMPOWERING TROWBRIDGE AND RUSSEL TO LEVY AN EXE- 
CUTION. 

A Petition of William Trowbridge and Thomas Eussel shewing 
that they paid a sum of money for Joshua Wansquam of Natick 
Indian to save him from going to prison, which money they have 
recovered of him in the law and taken out an Execution; upon 
which he absconded and the Execution was never served ; Praying 
that they may be impowered to take out an other Execution, and 
levy it on Six Acres of Land belonging to him. 

Read and 

Ordered that the Pet" have Liberty to take out another Execu- 
tion, and Levy the Same on the Six Acres of Land herein men- 
tioned belonging to Joshua Wamsquan, and that Cap* D'Aith be 
Joyned in behalf of the said Joshua, with those who shall be ap- 
pointed as the Law directs to Sell so much of the said Six Acres 
of Land as to Satisfie the said Execution. ^Passed Ajjril 7. 



CHAPTEE 223. 



Legislative 
Records of the 
Council, 
xvii. (8), 304. 
Mass. 
Archives, 
Ixiv., 180. 

Mass. 
Archives, 
Ixiv., 179; xcii., 
4. Legishitive 
Records of the 
Council, xvii., 
Mis., 414. 
House .Jour- 
nal, pp. 217, 
231 bis. 



ORDER ALLOWING £20. 17. 10^ TO THO^ SAUNDERS AND ESTABLISHING 
THE WAGES OF THE CREW OF THE SLOOP MASSACHUSETTS. 

A Petition of Cpt. Thomas Saunders Master of the Transport 
Sloop in the service of this Province, praying for the iVdvancement 
of his own and his mens wages and the hire of the Sloop, and that 
he may be reimbursed what he has expended for the service of the 
Province. 

Read and in Answer to this Memorial 

Ordered that the Sum of Twenty pounds Seventeen Shillings and 
ten pence half penny, be allowed out of the Publick Treasury to 
the Memorialist in full for the Money advanc'd for the Hire of the 
Sloop for two months and twenty two Days as within mentioned. 

Also 

Voted that the Sloop Massachusetts be at Seven pounds ten Shil- 

lins;s from this time during the present Establishment . . £7. 10 ^' month 

The Captain of said Sloop at Two pounds ten shillings . . . 2. 10 t> month 

The Mate at one pound ten shillings 1. 10 1r> month 

Three Sailors One pound five shills^ 1.5^* month Each 

[Passed April 9.^ 

» This date is according to Mass. Archives and Legislative Records of the Council, 
xvii., Mis. ; according to Legislative Records of the Council, xvii. (3), the date is April 3. 



[2d Sess.] Province Laws (i^esoZve.s-, e^'c). — 1741-42. I07 



OHAPTEK 224 Legislative 

y-^ ^J-'Ci^^ XiJ-L\. ^-J**. Recorils of the 

Council, 

xvii. (3), 315. 

ORDER ABOUT SIGNING BILLS OF THE MIDDLE PLATE. Mass. 

Archives, cii., 

220. 

Order^l that the Bills of Credit of this Province of the present Legislative — 
Emission to be strook off from the middle Plate, be Sign'd by three Records of the 
of the Committee only.' [Passed April 9. M^s.^m^^""' 

Ante, p. 85, 
chap. 171. 



CHAPTEK 225. 

ORDER IMPOWERING JOSIAH SPEEN, INDIAN, TO SELL LAND. 

The Petition of Josiah Speen, praying Liberty to sell Lands in House Jour- 
said Natick. l^l^^l '^^■ 

In Council, Archives, 

Eead and in Answer to this Petition ' " ' "' — '- 

Ordered That Francis Foxcroft Escf, with Such as shall be join'd Archives, 
by the Hon^''*^ House, be a Committee to inquire into and adjust the n^^jg^'j^'^'r 
affair withinmention'd; and that the Petitioner thereupon be and nai,pp.203,209, 
hereby is allowed and impowered, with the approbation of the Com- '■^^*'' '^^■^• 
mittee, to Sell So much of his Land mentioned in the Petition as 
shall be Sufficient to Satisfie what is equitably due from the Peti- 
tioner's Son Daniel to the withinnamed Kice 
In the House of Eep"" 
Read and Concur'd and Cap Jones and Cap*^ Fisher are Joyned 
in the Affair. [Passed April 9. 



CHAPTER 226. 

ORDER ALLOWING £5 TO ROB'' WILSON. Legislative 

Records of the 

A Petition of Robert AVilson of Boston, praying for some further xvii. (3)', 324. 
consideration for his wounds formerly received in the service of this Archives, 
Province, by which he is disabled from labouring for his support, ixxii., 509. 
Read and in Answer hereto Legislative 

Ordered that the Sum of five pounds be allowed out of the pub- Council, xvii., 
lick Treasury and put into the hands of M'^ Edward Bromfield for Houke Jour- 
the Use of the Pet^ [Passed April 10. nai,p.239. 

■- -^ Province 

Laws, xii.,722, 
chap. 135. 



CHAPTER 227. 

ORDER REFERRING THE PETITION AND THE COMMITTEES REPORT 
ABOUT HOPKINSTON & HOLLESTON LINE. 

The Committee appointed July 11. 1741. on the Petition of Legislative 
Edward Hutchinson Esq"" Treasurer of Harvard College [Province councif,*' * 
Laws, xii,, 744, chap. 100] having repaired to the Boundary Line in xvn. (3),325. 

' Not found in the House Journal. 



108 



Province Laws (^Resolves, etc.). — 1741-42. [Chap. 228.] 



House Jour- 
nal, p. 233. 
Province 
Laws, xii., li 
chap. 190; 
Ante, p. 14, 
chap. 4. 



controversy, between the Towns of Hopkinston and Holleston, viewed 
the Bound marks shewn them by the parties, heard & considered 
the arguments offered in order to support their respective claims, 
are of Opinion that the Line betwixt the said Towns be stated as 
follows; viz* Beginning at an old Chesnut stump on Parkers Hill, 
so called, acknowledged by all parties to be the North West Corner 
bound of Sherburn, and thence running about two hundred and 
four rods in a course nearly West 28d. South, thro the farm called 
Parkers farm, to a large Rock; thence running W^est 30 Deg. South 
sixteen rods to an heap of stones; thence West 30 Deg. South two 
rods and one fifth as far as an heap of stones by a rock, and passing 
on the South side of said heap of Stones at the distance of eight 
feet therefrom, and continuing the same course about forty five 
rods, or as far as a stump, and passing one rod Southward of it ; 
then running on the same course one hundred and Twenty five 
rods as far as to a White Oak Tree, but passing one rod and an 
half Northward of it, and continuing in that course eighteen rods 
further and there passing four rods to the Southward of a Wliite 
Oak; thence streight on as far as to an other White Oak (at the 
distance of forty rods from the Oak last mentioned) and running 
on the South side thereof at four rods distance from it, and con- 
tinuing its course (West 30 Deg. South) strait on about four hun- 
dred and sixty eight rods further to an heap of stones; thence two 
hundred and twenty rods (on the same course) to a Black Oak near 
Deerbrook, and from thence to the Brook, and from the Chesnut 
stump (on Parkers Hill) first mentioned to run North 5 Deg West 
to a crooked Maple at Cold Spring Brook; And that the Lines above 
described be confirmed and established as the Boundary between 
said Towns accordingly. And inasmuch as the Line first mentioned 
passes thro Parkers farm, whereby about one half of said farm falls 
within the bounds of Hopkinston, but by Order of this Court in 
the year 1677 the whole thereof was to ly to Holleston (then Sher- 
burn) and to do duty and receive privilege there ; 'tis humbly sub- 
mitted to the consideration of this Hon^'** Court whether that part 
of said farm which lies Northward of the Line, as before described, 
shall continue to Holleston, or be hence forward reputed and taken 
to belong to Hopkinston to all Intents & Purposes. 
In the Name and by Order of the Committee. 

Sam"- Danforth. 

Read and 

Ordered that the Petition refer'd to, with this Report, be refer'd 
till the next May Session for consideration, and that the Committee 
be directed to repair to Hopkinston in the mean time, and settle the 
bounds of Parkers Farm ; they to be paid for their service herein as 
this Court shall order. \_Passed April 10. 



CHAPTEE 228 



Legislative 
Records of the 
Council, 
xvil. (3), 326. 
Mass. 
Archives, 
cxiv., 707. 

Legislative 
Records of the 



VOTE SUBSTITUTING NATH'- HUBBARD ESQ FOR SAMUEL DANFORTH 
ON THE COMM"''= ABOUT HOUSATANUCK AFFAIR. 

Voted that Nathaniel Hubbard Esq"" be added to the Committee 
appointed on the Petition of Josiah Phelps & others Inhabitants 
of upper Housatunnock in the Room of Samuel Danforth Esq"' who 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 109 

desires to be Excused, not beinsr able to attend the Business so soon council, xvu., 

AT Mis., 420. 

as is necessary. Also House Jour- 

Ordered That the sd Committee have Power to send for Persons '^^i^-'^^j 
& Papers as they shall Judge necessary. [^Passed April 10. chap', m. ' 



CHAPTER 22 9. S^oYthe 

Council, 
xvii. (3), 327. 
ORDER ON GEO: & ROBERT HEWS'S PETIT'' SUSPENDING JUDGMENTS Mass. 

WITH STAY OF EXECUTIONS. Archives, xli., 

651. 



On THE Petition of George and Robert Hews, [Province Laws, Archives xu 

xii 734, chap. 174] _ ...,•, .; . ^e^^ot 

Ordered that this petition be revived. And m Answer thereto, the council, 
Voted that Executions on all Judgments already obtained, or that House^JouV*^^' 
maybe obtained in Consequence of the partnership between the peti- p*J:'j;^PiPp|^^' '^^ 
tioners & the said Cunningham, be suspended till the End of the Laws, xii ""'' 
Superior Court to be holden in Boston for the County of Suffolk in ^^n^e,l'.\ 



.,737 



August next. [Passed April 10. chap. i3 



CHAPTER 230. 

ORDER ACCEPTING THE COMMITTEES REPORT FOR REPAIR" CASTLE 

WILLIAM &«. 

In OBEDIENCE to the within Order ' we waited on His Excellency Legislative 
to the Castle, viewed the Works and Stores, and considered the con- coSnc^f, °* ^^^ 
dition thereof; and upon the whole are of Opinion, that it is expe- xvii. (3)', 327. 
dient the new Battery be carried on and joined to the Old Works, Legislative 
and that an Armourer should be constantly retained to take care of counc'if, °* "^^ 
the Arms which are now much out of repair. AVe also find there is xvii. (3), ^0, 

ITITT in 1 T • • •! • ■ioo. xlOUSe 

a necessity of securing the Island by wharnng and driving piles in journal, p. 239. 
several places ; that the Barracks, South east Platform, Piles by the 
Powder house, rammers, spunge heads, shingling and walls, in sev- 
eral places want repairing, mending, plaistering, and pointing ; the 
carriages to be done with turjientine and oyl, and the stores and 
patridge boxes to be supplied ; And that for all these purposes there 
is at present wanted the sum of One Thousand Pounds. 
All which is submitted. Per Order of the Committee 

AV" Pepperil. 

In the House of Represent"'''; Read and Accepted, and thereupon 
Voted that His Excellency the Captain General be desired to give 
order that an Armourer be constantly retained in pay at the Island 
to take care of the Fire Arms; to be allowed One pound two shil- 
lings sterling per month ; and that the New Battery be carried on 
and joined to the Old Works; that the Island be well secured by 
wharfing and driving piles in several places ; that the Barracks, Plat- 
form, Works &" mentioned in the Report be repaired; And that in 
order to compleat the same there be and hereby is granted the sum 
of One Thousand Pounds to be paid out of the Province Treasury 
into the hands of M' Timothy Prout, M' Edward Bromfield and Cpt. 
Watts with such as the Hon'^''' Board shall appoint, who are hereby 

' Appointing " a Committee to attend upon His Excellency the Captain General to His 
Majesty's Castle William." — Legislative Records of the Council, xvii. (3), 269. 



110 



Province Laws {Resolves, etc.). — 1741-42. [Chaps. 231-233.] 



appointed a Committee with tlie leave of the Captain General, to 
purcliase materials at the cheapest rate, and to take care to effect 
said Work and Eepairs in the best manner; the Committee to be 
accountable. 

In Council; Eead and Concur'd and the Hon*^''* Spencer Phips, 
and John Jeffries and Samuel Welles Esq" are joined in the affair. 
\^Passed April 12. 



CHAPTER 231. 



Legislative 
Records of the 
Council, 
xvii. (3), 329. 
Mass. 
Archives, 
Ixxii., 600. 

Legislative 
Records of the 
Council, xvli., 
IMis., 420. 
House Jour- 
nal, p. 240. 
Infra, chap. 
232. 



VOTE FOR FORTIFYING Y*" TOWN OF BOSTON. 

Voted That His Excellency the Captain General be desired to 
give Orders that within Twelve Months there be Erected within 
the Town or Harbour of Boston, A good and Sufficient Brest Work 
and a Plat form built and Twenty Guns Eighteen Pounders or others 
Equivalent Mounted And all Suitable Warlike Stores procured. And 
that the Sum of One thousand Pounds be Granted and paid out of 
the Publick Treasury to the Order of the said Town they giving 
Security to the Province Treasurer for the Erecting said Work and 
procuring said Stores, and that the Same shall be from time to time 
Maintained or on the failure either of their performing said Work 
or Maintaining them the Money hereby granted to be repaid by said 
Town into the Province Treasury again. \^Pass6d Aj^ril 12. 



CHAPTER 232 



Legislative 
Records of the 
Council, 
xvii. (3), 329. 
Mass. 
Archives, 
Ixxii., 602. 

Legislative 
Records of the 
Council, xvii., 
Mis., 426. 
House Jour- 
nal, pp. 240, 241. 
Supra, chap. 
231. Infra, 
Chap. 233. 



VOTE FOR FORTIFYING THE TOWN OF CHARLESTOWN. 

Voted that His Excellency the Cap* General be desired to give 
Orders that there be Erected within the Town or Harbour of 
Charlestown a good sufficient Breast Work, and a Platform built 
and Eight Guns Eighteen pounders, or others equivalent mounted, 
and all Suitable Warlike Stores procured, and that the Sum of two 
hundred and fifty pounds be granted and paid out of the publick 
Treasury to the Order of the said Town They giving Security to 
the Province Treasurer for the erecting said Works, and procuring 
said Stores, and that the same shall be from time to time main- 
tained, or on the failure either of their performing said AVorks, or 
maintaining them, the Money hereby granted to be repaid by said 
Town into the Province Treasury again. \^Passed Ajjril 12. 



CHAPTER 233. 



Legislative 
Records of the 
Council, 
xvii. (3), 330. 
Mass. 
Archives, 
Ixxii., 605. 



VOTE FOR FORTIFYING THE TOWN OF SALEM. 

Voted, That His Excellency the Captain General bo desired to 
give Orders that within Twelve Months there be Erected within 
the Town or Harbour of Salem, A good and Sufficient Brest Work 
and a Plat form built and Sixteen Guns Eight Pounders or others 
Equivalent Mounted and all Suitable Warlike Stores procured, And 



[2d Sess.] Province Laws (J^esohes, etc.). — 1741-42. Ill 

that the Sum of Three Hundred . . . ' Pounds be Granted & paid Reford"of the 
out of the Publick Treasury, to the Order of the said Town, they Council, xvii., 
giving Security to the Province Treasurer for the Erecting said Hou'se^jour- 
Works and procuring said Stores. And that the same shall be from ^^'' P" ^(f,?- 
time to time Maintained or on tlie failure either of their perform- 232. infra, ' 
ing said Works or Maintaining them the Money hereby granted to '^ ^^' 
be repaid by said Town into the Province Treasury again. [Passed 
April 12. 



CHAPTER 234. 

VOTE FOR FORTIFYING THE TOWN OF MARBLEHEAD. 

Voted, That His Excellency the Captain General be desired to Legislative 
give Orders that within Twelve Months there be Erected within coundf,°**^® 
the Town or Harbour of Marblehead, A good & Sufficient Brest xvii.(3)',330. 
Work and a Plat form built and Twelve Guns Twelve Pounders or Archives, 

others Equivalent Mounted and all Suitable Warlike Stores pro- ^^^'^"•' ^^''" 

cured, And that the Sum of Five Hundred and Fifty Pounds be ^Ss of the 
Granted and paid out of the Publick Treasury to the Order of the Council, xvii., 
said Town they giving Security to the Province Treasurer for the House Jour- 
Erecting said AYorks and procuring said Stores, And that the same ".f/' P' ^^f^- , 
shall be from time to time Maintained or on the failure either of 233. infra, 
their performing said Works or Maintaining them the Money hereby ^ ^'^•' • 
Granted to be repaid by said Town into the Province Treasury again. 
[Passed A^wil 12. 



CHAPTER 235. 

VOTE FOR FORTIFYING THE TOWN OF PLYMOUTH. 

Voted that His Excellency the Captain General be desired to Give Legislative 
Order that within Twelve Months there be Erected within the Town 0^X1^**'"'' 
or Harbour of Plymouth a good and Sufficient Brestwork and a plat- xvii. (3)',33L 
form Built and Eight Guns Twelve Pounders or other Equivalent Archives, 
Mounted and all Suitable Warlike Stores procured and that the sum '^xn., r - 



of Two Hundred & Fifty Pounds be granted and paid out of the Record^of the 
Publick Treasury to the Order of the said Town they giving Secu- Council, xvii., 
rity to the province Treasurer for the Erecting said Work and pro- House Jour- 
curing said Stores and that the same shall be from Time to Time ^f'',P" 'pij^p 
maintained or on the Failure either of there Performing said Work 234. infra, 
or maintaining them the money hereby Granted to be Kepaid by said *^ ^^' 
Town into the province Treasury again. [Passed AjJril 12. 



CHAPTER 236. 

VOTE FOR FORTIFYING THE TOWN OF GLOCESTER. 

Voted That His Excellency tlie Captain General be desired to Give Legislative 
Orders that within Twelve Months there be Erected within the Town councur* ^^^ 

> Sic. 

' Record not complete. 



112 



Province Laws {Resolves, etc). — 1741-42. [Chaps. 237, 238.] 



xvii. (3), 331. 
Mass. 
Archives, 
Ixxii., 603. 

Legislative 
Records of the 
Council, xvii., 
Mis., 425. 
House .Jour- 
nal, p. 241. 
Supra, chap. 
235. Infra, 
chap. 237. 



or Harbour of Glocester a good and Sufficient Brest Work and a 
Piatt form, built and Eight Guns Twelve Pounders or other Equiv- 
alent Mounted, and all Suitable Warlike Stores Procured, and that 
the Sum of Pour Hundred Pounds be Granted & paid out of the 
publick Treasury to the Order of the said Town they Giving Secu- 
rity to the province Treasurer for the Erecting said Work and pro- 
curing said Stores, and that the same shall be from Time to Time 
maintained or on the failure either of their Performing said Work 
or Maintaining them the Money hereby Granted to be repaid by said 
Town into the Province Treasury again. [Passed April 12. 



Legislative 
Records of the 
Council, 
xvii. (3), 332. 
Mass. 
Archives, 
Ixxii., 601. 

Legislative 
Records of the 
Council, xvii., 
Mis., 421. 
House Jour- 
nal, p. 242. 
Supra, chap. 
236. Infra, 
Chap. 238. 



CHAPTER 237. 

VOTE FOR FORTIFYING THE TOWN AND HARBOUR OF SHERBURNE ON 
NANTUCKET ISLAND. 

Voted, That His Excellency the Captain General be desired to 
give Orders that within Twelve Months there be Erected within 
the Town or Harbour of Sherburn on Nantucket A good and Suffi- 
cient Brest Work and a Plat form Built and Six Guns Six Pounders 
or others Equivalent Mounted and all Suitable Warlike Stores pro- 
cured, and that the Sum of One Hundred & Fifty Pounds be granted 
and paid out of the Publick Treasury to the Order of the said Town, 
they giving Security to the Province Treasurer for the Erecting said 
Works and procuring said Stores, And that the same shall be from 
time to time Maintained or on the failure either of their performing 
said Works or Maintaining them the Money hereby granted to be 
repaid by said Town into the Province Treasury again. [Passed 
April 12. 



CHAPTER 238. 



VOTE FOR FORTIFYING EDGAR TOWN ON MARTHA'S VINEYARD ISLAND. 



Legislative 
Records of the 
Council, 
xvii. (3), 332. 
Mass. 
Archives, 
Ixxii., 604. 

Legislative 
Records of the 
Council, xvii., 
Mis., 424. 
House .Jour- 
nal, pp. 241, 242. 
S'«p?'n,chap. 
237. 



Voted, that his Excellency the Captain General be desired to give 
Orders; that there be forthwith procured at the Charge of the Prov- 
ince 5 Guns Six pounders, with Suitable Carriages, Five half Barrels 
of Gun Powder, a Suitable Number of Shott, and other warlike Stores 
to the Valine of Two Hundred Pounds, and Delivered to the Order 
of Edgartown on Martha's Vineyard they giving Security to the Prov- 
ince Treasurer that they will Erect at their own Cost and Charge, 
and keep in Eepair a Brest work and Platform suitable for s*^ Cannon 
and on failure either of performing the works, or Maintaining them 
in Repair, that then the s'' Cannon and what of the Stores that are 
not necessarily Expended, Shall be Delivered by said Town to the 
Province Treasurer. [Passed April 12. 



[2d Sess.] Province Laavs (liesolves, etc.). — 1741-42. 113 



CIIAPTEK 239. 

VOTE ALLOWING £800 FOR ENGAGING SCOUTS. 

Whereas in time of Warr our Inland Frontiers are best Secured RgfordTof the 
by Scoutinof Parties Therefore Council, 

Voted that in case of an Indian Warr the Sum of Eight hundred Mjigg. '' " 
pounds part of the Appropriation now in the Treasurer's hands for f^^^^^'^f^j 

Fortifying &c be laid out at the Discretion of the Governour and J^\^\.^^^' 

Council (if necessary in the recess of the Court) to incourage a Suit- Records of the 
able number of Men to Scout and Range the Woods both on our Mi8.?42i.^'^"'' 
Eastern and Western Frontiers in quest of the Enemy in Such pro- ^j^°/'^® ^^2'^'"" 
portion and Manner as the Cap* General shall Judge most conducive Province " 
to the protection of His Majesty's Subjects. [Passed April 12. ^h^aT il' ^°^^* 



CHAPTER 240. 

ORDER DIRECTING THE PROVINCE TREASURER TO SUSPEND THE WAR- 
RANT OF EXECUTION AGAINST THE DUNSTABLE ASSESSORS, AND TO 
ISSUE A WARRANT OF ASSESSMENT. 

A Petition of Ebenezer Parkhurst, Thomas Harwood and Joseph ^gforlfg^of ti^g 
French, Assessors of the Town of Dunstable for the year 1739, Shew- Council, 
ing that they are imprisoned in the Goal of the County upon a war- Ma^s.^^"*'^^*' 
rant from the Province Treasurer for not assessing the Inhabitants Arciiives, cv., 

of the said Town their part of the Loan Money ; and forasmuch as ~ 

the Petitioners never saw nor heard of the said Treasurers Warrant Archives, cv., 
for making the said Assessment ; therefore praying for relief from Jj!^g I^^co^ds of 
this Court. "^®Co«?"'' , 

T-, 1 T . xvn.,Mis.,4'27. 

Kead and m answer House Jour- 

Ordered that the Treasurer be directed to Suspend the Warrant "!»'»?• 2^4. 
of Execution within mentioned on said Assessors and Issue out a 
Warrant of Assessment to the present Assessors of said Town. Im- 
powering and requiring them to Assess the Said Sum accordingly. 
\_Passed April IS. 

CHAPTER 241. 

ORDER ALLOWING CPT. ANDREW ROBINSON £137. 10 AND A FURTHER 
SUM OF £100 TO CARRY ON WORK ON THE FORT AT ST. GEORGES 
RIVER. 

k. Memorial of Cpt. Andrew Robinson, Shewing that by Order Legislative 
of the late Governor he hath repaired or rebuilt the Fort of S* counctf ''^ *^* 
Georges River, on which he has expended about £1,400 in Bills xvii. (3)', 335. 
of the Old Tenor and has received but £850 and therefore praying Archives, 

that he may be reimbursed the balfence of his Accompt, and that J-'^x"-. sss. 

such further sum may be advanced to him as may be necessary to Archives 
compleat the said Work. ixxii.,587. 

Read and in Answer hereto Records of the 

Ordered that there be allowed to the Memorialist out of the pub- ^i°s°427.''''""' 
lick Treasury the Sum of One hundred thirty Seven pounds ten shil- House Jour- 
lings to defrey the Cost of the Materials which have been already °*'i'-^ • 



114 



Province Laws {Resolves, etc.). — 1741-42. £Chaps. 242-244.] 



purchased and to pay the Charge of all Labourers hitherto Employed 
with their diet. And in full satisfaction for his own time and 

trouble. And that the Memorialist be and hereby is directed and Im- 
powered with what Stuff and Materials are already provided, (or may 
be necessary to be procured), so soon as may be to finish and com- 
pleat the said Truck House, and that the further Sum of One hun- 
dred pounds be put into his hands, to Enable him to go on with the 
said Business He to be accountable. ^Passed Ajjril 13. 



CHAPTER 242. 



Legislative 
Records of the 
Council, 
xvii. (3), 338. 
Mass. 
Archives, 
xlix., 150. 

Legislative 
Records of the 
Council, xvii., 
Mis., 429. 
House Jour- 
nal, -p. 247. 
Province 
Laws, ii., 1077, 
chap. 11. 



ORDER FOR TRANSFERRING APPROPRIATIONS. 

Whereas the £1,500 Appropriation and also the £2,500 Appro- 
priation for the pay of the Representatives, made in the last Supply 
Act are very near if not quite exhausted and there is. a considerable 
Surplusage in sundry other Appropriations. Therefore 

Voted that the Sura of £250 be transfer'd from the £2,500 Appro- 
priated for the payment of His Majestys Council to the £1,500 Ap- 
propriation for payment of Non Establishments. And that the Sum 
of £300 be transfer'd from the £4,300 Appropriation to the £2,500 
Appropriation for payment of the Representatives. [^Passed April 15. 



Legislative 
Records of the 
Council, 
xvii. (3), 339. 

Mass. 
Archives, 
Ixxii., 609. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 428. 
House Jour- 
nal, p. 241. 
Ante,\). 112, 
chap. 238. 



CHAPTER 243. 

VOTE FOR FORTIFYING THE TOWN OF FALMOUTH. 

Voted that His Excellency the Captain General be desired to give 
his Orders that within twelve months there be erected within the 
Town or Harbour of Falmouth in Casco Bay a good & sufficient 
Breast AVork and a Platform built, and ten guns, twelve pounders 
or others equivalent mounted, and all suitable Warlike Stores pro- 
vided ; and that the sum of Four hundred Pounds be granted and 
paid out of the publick Treasury to the order of the said Town ; 
they giving security to the Province Treasurer for the erecting said 
Works and procuring said stores, and that the same shall be from 
time to time maintained, or on the failure either of their perform- 
ing said Works or maintaining them, the money hereby granted to 
be repaid by said Town into the Province Treasury again. \^Passed 
Ajjril 15. 



CHAPTER 244 



Legislative 
Records of the 
Council, 
xvii. (3), 339; 
ibid., xvii., 
Mis., 428. 

House .Jour- 
nal, pp. 231,250. 



ORDER ALLOWING £4tf TO JOHN OVERING ESQ^. 

A Petition of John Overing Esq'' Praying for a suitable Allow- 
ance out of the publick Treasury for his diligent and faithful ser- 
vices as Attorney General of this Province from the year 1729 to 
this present time. 

Read & 



[2d Sess.] Province Laws {Resolves, etc.). — 1741-42. 115 

Ordered that the sum of forty pounds be allowed out of the pub- 
lic Treasury to the petitioner John Overing Esq' attorney General 
in full for his service in said office to this time. \^Passed April 15. 



CHAPTER 245. 

ORDER IMPOWERING JOHN PENGILLY TO ENTER AN APPEAL FROM 

AN ACTION. 

A Petition of John Pengelly, praying this Court to revive his Legislative 
Petition prefer'd in March last relating to Trial between him and cS'if, °* "'^ 
Benjamin Sittou and the Appeal of the Petitioner to the Superior x^^"- '^^^^l^' 
Court in the County of Hampshire, which failed by his Attorneys Archives, xii., 

neglecting to file Reasons of Appeal, and that this Court would now ^— 

allow him to file Reasons of Appeal, and the Court to try his Ap- Archives, xii. 
peal accordingly. 667. House 

Read, And it appearing that the adverse Party has been duly pp. m, 250. 
served with a Copy of this Petition; who neglects to give in any chap. 9.' '^^' 
Answer 

Ordered that the Prayer of the Petition be so far granted as that 
the Memorialist be impowered to enter his Appeal within mentioned 
at the Superior Court of Judicature to be held at Springfield for the 
County of Hampshire in September next And that the Justices of 
the said Court be impowered & directed to try the said Appeal ac- 
cordingly & to give Judgment therein & award Execution there- 
upon; Notwithstanding the Petitioners failing to file his Reasons 
of Appeal; Provided he cause the adverse Party Benjamin Sitton 
to be served with a Copy of this Order at least fourteen days before 
the Sitting of the said Court. \_Passed AiJril 15. 



CHAPTER 246. 

ORDER ALLOWING £6. 5 TO JOSH: FULLER. 



A Petition of Joshua Fuller, Shewing that upon the encour- Legislative 
agement given by the Government he enlisted thirty soldiers for councff,*'*"'^ 
the Spanish Expedition to be under the command of Cpt. Stephen xvu. (3), 341. 
Richards, to whom the Petitioner was appointed Ensign, and was Archives, 

at the expence of Twenty five Pounds in the said service; praying ^^^^^-^ ^^^- 

that he may be reimbursed out of the Treasury. Archives, 

Read and ixxii., 594. 

Ordered that the Sum of Six pounds five Shillings be allowed the nai^pp. 233, 249. 
Pef out of the publick Treasury in full satisfaction for his Charge La^f^i-.e-i, 
and Expence herein mentioned. \^Passed April 15. chap.'i. 



116 



Province Laws (i?eso/ye.s, e/'c). — 1741-42. [Chaps. 247-249.] 



Legislative 
Records of tlio 
Council, 
xvii. (3), 347. 
Mass. 
Archives, 
xvii., 879. 

Mass. 
Archives, 
xvii., 878, 880. 
House Jour- 
nal, pp. 207, 250. 



CHAPTER 247. 

VOTE IMPOWERING ANNA MOUSEL AND OTHERS TO SELL AND CONVEY 

LAND. 

A Petition of Anna Mousel Relict Widow of Ralph Mousel late 
of Charlestown in the County of Middlesex deceased and the heirs 
of the Deceased that are of age and the Guardians of such as are 
under Age, Shewing that the said Ralph left all his estate real & 
personal to be at her absolute disposal, that she is now infirm and 
grown into years, and wants to sell the Real Estate for her neces- 
sary support, but finds her title questioned becaiise no mention is 
made of the Children in the Will; therefore praying that this Court 
would impower the Petitioners to sell the said Real Estate. 

[Read and] 

Voted ' that the prayer thereof be Granted and that the petitionrs 
to Gether-with Johanah Mousswell widow to Cpt someil Mousswell 
late of Charleston, be and are lierby fully Impowerd to sell the Estate 
mentiond in the petition for the uses therein Named and to Execut 
a Good and lawfull deed or deeds of the same which deed or deeds 
shall be demed sofisant to Convay the title of the premises In fee 
aney defect In the will Referd to Not with standing. [^Passed 
April 15. 



CIIAPTEK 248 



ORDER REFERRING THE PETITION OF M" MIDDLECOT COOK. 



Legislative 
Records of the 
Council, 

xvii. (3), 847. 
Mass. 

Archives, cv., 
187. 

Mass. 

Archives, cv., 
185. House 
Journal, 
pp. 228, 245. 
Province 
Laws, xi., 584, 
chap. 8. 
Province 
Laws, xii., 352, 
chap. 209. 



A Petition of Middlecot Cook son of Elisha Cook Esq'' dec''; 
Setting forth his said Fathers service in taking care of building 
the Hospital at Rainsfords Island, and in managing the affair of 
the controversy between this Province and the Province of New 
Hampshire, being one of the Committee in those afl^airs, for which 
he received no recompence in his life time ; therefore Praying that 
this Court would grant such Allowance to his heirs as they shall 
judge meet for those services. 

Read and in Answer 

Ordered that the Comm*^® app*'"'' to Manage the Affair of the 
Northern Boundary be directed to lay their Accompts before the 
Gov"" and Council that it may be known how the Money granted 
by this Court has been Expended. And that the within Pef" be 
refer'd for consideration in the mean time. [^Passed April 15. 



CHAPTER 249 



ORDER FOR RECEIV" THE NEW BILLS FOR TAXES &'^ 



Records'of the Ordered, That the Province Treasurer Receiver of Impost, the 

Council, Several Commissioners of Excise and Collectors of the Taxes be 

Mask.^^^'^*^* and hereby are fully Authorized and Impowered to receive (as 

Archives, cii., often as tendered) in their said Offices and Capacities, Bills of 

' The House Journal, p. 250, reads, " Ordered." 



[2d Sess.] Province Laws {Resolves^ etc.). — 1741-42,, 117 

Credit of tliis Government of the last Emission for such Rates, Legislative 
Taxes and Dues as were to have been Discharged by other Bills, councf f x Vii.^ 
and in tlie following Proportion, Vizt. One Pound in the said last Mis., 436. 
Emitted Bills for Four Pounds Old Tenor or One Pound Six Shil- nai, p. 254^' 
lings and Eight pence in Bills of the former new Tenour and so 
pro rata: And to prevent any Deficiency which might thereby hap- 
pen in the Funds laid for bringing in the Bills of the former 
Emissions, 

Ordered That the above mentioned Officers and Receivers shall and 
hereby have equal Power to receive (in the forementioned Propor- 
tion) Bills of the former Emissions in Discharge of the Dues which 
the Bills of the last Emission were made to Discharge. \^Passed 
April 16. 



CHAPTEK 250. 

ORDER ANNEXING THE ESTATES OF BENJ. MURDOCK AND OTHERS TO 
THE TOWN OF UXBRIDGE. 

A Petition of Benjamin Murdock, Nathaniel Brewer John Legislative 
Brown, Isaac Martin, David Draper and others. Owners and Pro- counclf ^'^ "^^ 
prietors of Lands adjoining to the Town of Uxbridge in the County xvii. (3)', 349. 
of Worcester; praying that they may be joined to the said Town Archives, 
and incorporated there, to which the Inhabitants of the said Town cx'^-. 690. 
have consented in a regular Meeting. Mass. 

_ -, - o o Archives, 

Read and cxiv., ess, 691. 

Ordered that the prayer of the Pet" be so far granted as that the pians.^Mfs., 
1,000 Acres of Land formerly granted by this Court in 1702 to Simon Jailve'RiiSds 
Bradstreet Esq"' and confirmed by this Court to His Heirs in 1715. of the Coimcii, 
and the 300 Acres granted to Edmund Freeman Esq^ and confirmed MJs.f 436.'^^"'' 
by this Court in 1736, both Tracts belonging to the Pet" and adjoyn- ^^TH "214^2.54 
ing to the Town of Uxbridge but at present included in no Town- Province 
ship, be annexed to the Town of Uxbridge. {^Passed April 16. chap!' 103."'^°^' 



CHAPTER 251. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON DAN^- CRESSY'S 
PETITION FOR A NEW TRIAL OF AN ACTION. 

A Petition of Daniel Cressy of Methuen in the County of Essex, Legislative 
Shewing that he hired of James Fry of Andover a House and Land ^ouncif ^^ *''^ 
agreeing to satisfy for the rent in stone wall to be built by the Peti- xvii. (3)', 349. 
tioner; but the parties differing, the matter was carried into the law, Archives, xii., 

and finally submitted to a Rule of Court, and the Petitioner named "t^ 

Henry Ingolls on his part, but being hindered from attending the Archives xii 
Court by reason of sickness, he sent his wife and acquainted her 7S5-797, soi, 
witli the Referree he had chosen, but she forgot his Christian name, journal, p.*^247! 
and trusting to the said James Fry, he told her it was James Ingols, 
who was in fact disaffected to the Petitioner, and by this means the 
Report of the Referrees was very unjust and much to the damage 
of the Petitioner; and therefore praying that the Rule of Court and 
Report may be set aside. 

Read and 



118 



Province Laws (^Resolves, etc.). — 1741-42. [Chaps. 252-254.] 



Ordered that the Pef serve the Adverse Partie the s*^ James Fry 
with a Copy of this Pet" that He shew cause if any he hath on the 
Second tnesday of the next May Session why the Prayer thereof 
should not be granted. And Execution is stayed in the mean time. 
\Passed April 16. 



CHAPTER 252. 



ORDER ALLOWING £70. 10 TO JOHN WINSLOW ESQ*. 



Legislative 

Records of the 

Council, 

xvii. (3), 351. 

Mass. 

Archives, 

lxxii.,598. 

Mass. 
Archives, 
Ixxii., 596. 
House Jour- 
nal, pp. 23y, 249. 
Province 
Laws, xii., 671, 
chap. 1. 



A Petition of John Winslow Esq"" Shewing that in the year 
1740, he raised a Company of One Hundred men for the expedition 
against the Spaniards, that besides other charges, he paid twenty 
five shillings per week per man for their subsistence, and was allowed 
but twelve shillings per week ; praying that he may be reimbursed 
the remainder of his charge. 

Eead and 

Ordered that the Prayer of the Pet" be so far granted as that the 
Pef be allowed out of the publick Treasury the Sum of Seventy 
pounds ten shillings in full Satisfaction for the Charge of Subsist- 
ing the Voluntiers &c herein mentioned. \^Passed AjJril 17. 



CHAPTER 253. 



ORDER OF NOTICE ON THE PETIT^ OF BENJ BEAL & OTHERS. 



Legislative 
Records of the 
Council, 
xvii. (3), 351. 

House Jour- 
nal, p. 221. 
Province 
Laws, xii 
chap. 140. 



724, 



A Petition of Benjamin Beal, Jonathan Whitney, and Simon 
Davis ; praying for a New Trial on a Writ of Scire facias, brought 
against them at the Inferior Court of Common Pleas for the County 
of Middlesex, by Josiah Powers of Littleton, as more particularly 
set forth in their Petition, [Province Laws, xii., 724, chap. 140] 

Eead and 

Ordered that the Petitioners serve the adverse party, the said 
Josiah Powers, with a Copy of this Petition, that he shew cause 
if any he hath, on the second Fry day of the next May Session, why 
the prayer thereof should not be granted. \_Passed April 17. 



CHAPTER 254. 



Legislative 
Records of the 
Council, 
xvii. (3), 340. 
Mass. 
Archives, 
Ixiv., 181. 

Legislative 
Records of the 
Council, xvii., 
Mis., 431. 
House Jour- 
nal, p. 250. 



VOTE FOR THE ESTABLISHMENT OF PROVISIONS FOR Y^ PROVINCE 

SNOW. 

Voted that y'' Establisment for Provissions of the Following 
Species, Shall be Allowed y*^ Officers & Sailors on board y*^ Prov- 
ince Snow; Shall be to each man ^ Week. 



7i: pounds w' of Bread 
7 : Gallons of beer 
41 pounds w' of Beef 



41-: pounds w» of pork 

1 : quart of pease 

1 : quart of Indian Corne 



[Passed April 21.^ 



1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (3), and the House Journal the date is April In; to Legislative Records of 
the Council, xvii., Mis., it is April 12. 



[2d Sess.] Province Laws (Besolves, etc.). — 1741-42. 119 



CHAPTEK 255. 

ORDER ON THE PETITION OF THE CLERKS OF THE SUPERIOR COURT 
DIRECTING THE BURNING OF COUNTERFEIT BILLS. 

A Petition of the Clerks of the Superior Court, praying for the Legislative 
direction of this Court as to the disposal of a quantity of Coun- councif *** ^'^^ 
terfeit Bills, amounting to between thirteen and fourteen hundred xvii. (3)', 354. 
Pounds, upon which the persons indicted for being concerned in Archives, cii.. 

the forgery have had their trial. ?!i^ , 

Read And in Answer hereto Reforrtsofthe 

Ordered that the Memorialists be directed in the presence of two Council, xvii., 
or more of the Judges of the Sup'' Court to consume the s'^ Coun- ^'^•'*^^- 
terfiet Bills to Ashes They to render an Ace' hereof to this Court.' 
[Passed April 21. 



CHAPTER 256. 

ORDER ALLOWING THE ACCOUNT OF M^ SOLICITOR SHARP FOR SER- 
VICES IN REGARD TO THE CONTROVERSY OVER THE NEW HAMP- 
SHIRE LINE. 

An Accompt presented by M"" John Sharp of London of the Legislative 
charge he was at, with his time and trouble as Solicitor in the Con- councff '^^^^^ 
troversy between the Province of New Hampshire and the late Gov- ^p^- (3)', 354. 
ernor Belcher in the years 1737 and 1738, amounting to the sum Archives, xx., 
of £201. 3. 4 sterling. ^'^'^- 

I^eadand _ _ Archives, xx.. 

Ordered that the within Accompt be allowed, and the Treasurer 330. Legisia-' 
is hereby "directed to remitt the said Sum of £201. 3. 4 to the Ac- ti7e|'c^uncii,'' ''^ 
comptant John Sharp Esq'' accordingly. [Passed Ajjril 21. House'^Joiir*^^' 

nal, p. 258. 



CHAPTER 257. 

RESOLVE LEVYING A TAX ON VESSELS FOR THE SUPPORT OF THE 

LIGHTHOUSE. 

Resolved that for the future & Untill the further orders of this Legislative 
Court all vessells entring Inwards from f orrigu Parts shall pay to councif °* ^^^ 
j^ Comissioner of Impost for the use of the Light house, one half xvii. (3)', 355. 
penny p Ton, & the same vessells outward bound on forreign voy- Archives, 
ages Shall before their Clearance pay one half penny ^ Ton for ixiv., i82. 
Said use, all vessells Coasting Eastward as far as Annapolis & Canco, Refordso?the 
& Southward so far as North Carolina to pay one shilling Each ves- Council, xvii., 
sell for Each voyage they make from Either of the Ports within House"jour- 
the Limits Aboue Described, upon their Entring Inwards. [Passed °^'' p- ^^i- 
April 22. 

> Not found in the House Journal. 



120 



Province Laws (^Resolves, etc.). — 1741-42. [Chaps. 258-2G0.] 



Legislative 
Records of thie 
Council, xvii., 
Mie., 432. 

Legislative 
Records of the 
Council, 
xvii. (3), 356. 
House Jour- 
nal, p. '262. 
Province 
Laws, ii., 1077, 
chap. 11. 
Ante, p. 114, 
chap. 242. 



CHAPTER 258. 

ORDER TRANSFERRING APPROPRIATIONS. 

Ordered that two hundred pounds he transfered from the grant 
of £6,500 for fortifying &cc to the £2,500 Grant, for the payment 
of representatives. \_Passed April 22. 



CHAPTER 259. 



VOTE APPOINTING A COMMITTEE FOR THE LIQUIDATION OF THE 
SILVER AND MANUFACTURING SCHEMES. 



Legislative 
Records of the 
Council, 
xvii. (3), 357. 
Mass. 

Archives, cii , 
225. 

House Jour- 
nal, pp. 74, 88, 
200, 262. 



In the House of Eepresentatives 

Whereas it is Expedient and necessary for the peace and Quiet 
of His Majestys Subjects in this Province, that all the Notes of 
the late Companies, comonly called the Companies of the Silver & 
Manufactory Schemes, should be drawn in and Consumed as soon 
as may be. 

Voted that M^ Tho^ Cushing M"- Edw*! Bromfield and M^ Ja^ Allen 
with such as the Honourable Board Shall Join be a Committee (the 
Major part of whom to be a Quorum) to Inspect and Examine the 
Books, Instruments and Writings of the said late Companies, and 
to take an Acco* of what Quantity of Notes, & to what Value have 
been Issued out by Each of them, & in what Proportions the Same 
have been Distributed among the Directors & partners of the Said 
Companies, »& what Quantitys of the S*^ Notes have been drawn in 
& Consumed, & to make return to the General Court at their Ses- 
sion in May next of their doings herein together with a List of 
the Several Directors & partners of Each of the said late Companies 
who have not brought in their Several Quota's of the afores'^ Notes 
by them received to be Consumed, together with the Value of the 
several Quantitys of said Notes by them neglected to be brought 
in, that Effectual Care may be taken to cause the said Outstanding 
Notes to be brought in & Consumed as speedily as may be. The 
Charge of the Comm®^ to be defreyed by the said late Companys 
respectively. 

In Council 

Read and Concurr'd and John Jeffries Esq"" and M'' John Wheel- 
wright are join'd in the Affair. \^Passed April 23. 



CHAPTER 260. 



ORDER ADJOURNING THE MEETING OF THE PROPRIETORS OF V^ NAR- 
RAGANSET TOWN N« SEVEN. 



Legislative 
Records of the 
Council, 
xvii. (3), 358. 
Mass. 
Archives, 
cxiv., 709. 



A Petition of Shubal Gorliam Esq'' in behalf of the Proprietors 
of the Narraganset Township Number Seven shewing that the said 
Proprietors at their last Meeting made choice of M'' Moses Pierson 
to be their Moderator, but by reason of his attending his duty in 
the General Court he will not be able to attend at the Adjournment 



[2d Sess.] Province Laws (Besoh'es, etc.). — 1741-42. 121 

of the said Meeting, which will be on the Twenty seventh Instant ; Mass. 
and therefore Praying that this Court would adjourn the said Meet- cxiv., vos! 
ing to some further day. Rec^rdfof the 

Read and ^<?u°<'!'>''^"-. 

Ordered that the Prayer of this Petition be granted and that the Ante, y,. 52, 
Meeting of the Proprietors of the Township within mentioned which ^'^^p- ^'^• 
was to be held (by adjournment) on Tuesday next, be continued to 
Wednesday the nineteenth Day of May next, at ten of the Clock 
before noon then to be held at the Dwelling House of M'' Moses 
Pearson at Falmouth ; The Petitioner causing the sd Proprie- 

tors to be Notified of this Order by Publishing the same in the next 
Publick Prints, & by Posting a Notification hereof in some Publick 
Place in Falmouth fourteen Days before the Day hereby assign'd for 
holding s** meeting. ' [ Passed April 23. 



CHAPTER 261 



ORDER ADDING M« ALLEN TO THE COMM'^'^^ AS^ Y^ CASTLE. 



Legislative 
Records of tlie 
Coimcil, xvii., 
Mis., 434. 

I>egislatlve 
Records of the 



take 



Ordered that M"" Allen be added to the Committe appointed to xviMsi' 358 
ie care of the repairs of the Castle &ce. \ Passed April 23. House Jour- 



nal, pp.197,262. 
Ante, p. 109, 
chap. 230. 



CHAPTER 262. 



VOTE ALLOWING THE COMMITTEE FOR SIGNING BILLS £6. 3 PER 

THOUSAND. 



Legislative 
Records of the 
Council, xvii., 
Mis., 434. 
Mass. 

Archives, cii., 
224. 



Voted that the Committee appointed to Sign the Bills of the last Rlfords'of the 
Emission be allowed Six pounds three shillings Old Tenor a Thou- Council, 
sand for Signing Only. \^Passed April 23. House Jom-.' 

nal, p. 262. 
» Not found in the House JournaL Ante, p. 85, 

chap. 171. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1742-43. 



[I23J 



LEGISLATIVE LIST^ 



174^-43 



His Excellency WILLIAM SHIRLEY, 

Captain-General and Governor-in"-chief, etc. 
JOSIAH WILLARl), Esq., 

SECRETAKY OF THE PROVINCE. 



COUNCILLOES OE ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusets Bay ; 



William Dudley 
John" Osborne 
Ebenezer Burrill 
Ezekiel Lewis 
Francis Foxcroft 
JoHNT Jeffries 

JOSIAH WiLLARD 

Jacob Wendell 
Anthony Stoddard 



Thomas Berry 
Joseph Wilder 
Daniel Russell 
Samuel Danforth 
EsQRS. John Read 

AViLLIAM FOYE 

John Greenleaf 
Samuel Waldo 
Samuel Watts 



'ESQRS. 



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

John Gushing |_ Shubal Gorham 



Nathaniel Hubbard \ 



ESQRS. 



George Leonard 



ESQRS. 



Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Province of Mayn ; 

William Pepperil, Jeremiah Moulton & John Hill, Esqrs. 

Of the Inhabitants of or Projrrietors of Lands within the Territory lying 
betiveen the River of Sagadahock and Nova Scotia ; 

James Allen, Esq. 

' See Legislative Records of the Council, xvii. (3), 366-371. 
[125] 



126 Province Jjaws (Besolves, etc.). — 1742-43. [Representatives.] 

Foi' the Province, at large : — • 
Joseph Dwight & John Quincy, Esqrs. 



EEPRESENTATIVES OR DEPUTIES. 
May 26, 1742 to Ajjril 23, 1743. 



Mk. THOMAS GUSHING, Speaker. 



County of Suffolk. 
. . Mr. Thomas Gushing, 
Mr. Timothy Prout, 
Mr. Edward Bromfield, 
Mr. James Allen. 
Mr. Eleazar Williams. 
Gapt. Thomas Wiswall. 
Mr. Benjamin Smiiner. 
Joseph Gooch, Esq. 
Major Adam Gushing. 
Mr. Thomas Gill. 
Joseph Richards, Esq. 
Gapt. John Dwight. 
Gapt. Joseph* Blake. 
Major Edward White. 
Gapt. John Shei^herd. 
Samuel Watts, Esq. 

GouNTY OF Essex. 
. . Daniel Epes, Esq., 

Mr. Jolm Gardner. 
. John Ghoat, Esq., 

Andrew Burleigh, Esq. 
Newbury, . . Joseph Gerrish, Esq. 
Marblehead, . James Skinner, Esq. 
Lynn, . . . Mr. Thomas Ghever. 
Andover, . . John Osgood, Esq. 
Beverly, . . Robert Hale, Esq. 
Bowley, . . . John Hobson, Esq. 
Salisbury, . . Mr. DanieP Ring. 
Haverhill, . . Mr. Richard Hazzen. 
Olocester, . . Gapt. James Davis. 
Topsfield, . . Mr. Richard* Peabody. 
Amesbury, . . Thomas Rowell, Esq. 
Boxford, . . Mr. Benjamin Porter. 
Bradford, . . Mr. Richard Kimball. 



Boston, ' , 



Boxbury, 

Dorchester, 

Milton, . 

Braifitree, 

Weymoutli, 

Hinghani, 

Dedhavi, 

Medjield, 

Wrenthavi, 

Brooklyn, 

Stoughton, 

Chelsea, 



Salem, 



Ipswich, 



County op Middlesex. 

Cambridge, . Mr. Andrew Boardman 

Charlestoivn, . Ezekiel Ghever, Esq. 

^ On June 1, 1742, Thomas Hutchinson 
^ " James," in the House Journal, p. 4. 

* " David," in the House Journal, p. 4. 

* "Jacob," in the House Journal, p. 4 ; 



County of 

Watertown, 

Woburn, 

Concord, 

Beading, 

Newt07i, 

Sudbtcry, 

Oroton, . 

Marlborough, 

Billerica, . 

Framingham, 



Lexington, 

Chelmsford, 

Sherburn, 

Maiden, . 

Weston, . 

Medford, 

Littleton, 

Eojikinton, 

Stoio, 

Waltham, 

Eolliston, 



Middlesex — Conchcded. 
. Mr. Jonas Bond. 
. Mr. Rowland Cotton. 
. James Minot, Esq. 
. Mr. Samuel Bancroft. 
. Samuel Jackson, Esq. 
. Mr. Thomas Taylour. 
. William Lawrence, Esq. 
. Samuel Brigham, Esq. 
. Benjamin Thomson, Esq. 
. Joseph Buckminster, Jr., 

Esq. 
. Gapt. William Read. 
. Mr. Benjamin Cham berlain. 
. Gapt. Isaac Goolidge. 
. Gapt. Samuel Green. 
. Mr. Joseph Livermore. 
. Mr. William Willis. 
. Mr. Jonathan Prescot. 
. John Jones, Esq. 
. Mr. Phineas Rice. 
. Mr. John Gutting. 
. Mr. Thomas Marshall. 



County of Hampshire. 



Springfield, 

Northampton, 

Hadley, . 

Hatfield, 

Westfield, 

Suffield, 

Deerjield, 



Mr. Timothy Nash. 
John Stoddard, Esq. 
Eleazar Porter, Esq. 
Oliver Patridge, Esq. 
Thomas Ingersol, Esq. 
Mr. Samuel Kent. 
Mr. Elijah Williams. 



County of Worcester. 
Worcester, . . John Chandler, Jr., Esq. 



Lancaster, 

Mendon, 

Woodstock, 
, Jr. Brookfield, 

Sutton, . 
was chosen Representative. — House Journal, p. 14 



Samuel Willard, Esq. 
Gapt. Robert Taft. 
Mr. Isaiah Tiffany. 
Gapt. Josiah Converse. 
Mr. Pereival Hall. 



also in Essex County Records, p. 984. 



[Representatives.] Province Laws (i?eso/i'es, e^c). — 1742-43. 127 



County of Worcester — Concluded. 
SotUhborough, . Mr. Samuel Lyscom. 
Shrewsbury, . Nahum Ward, Esq. 
Oxford, . . . Mr. Samuel Davis. 
Uxbridge, . . Mr. Robert Taft. 



Scituate, 
Duxbury, . 
Marshfield, 
Bridgwater, 



County of Plymouth. 

Plymouth, . . James Warren, Esq. 
. . IVlr. Thomas Clap. 

. Capt. Gamaliel Bradford. 
Otis Little, Esq. 
Capt. Nehemiah Wash- 
bourn. 
Middleborough, Elkanah Leonard, Esq. 
Rochester, . . Capt. Noah Sprague. 
Plympton, . . IVIr. Richard » Churchill. 
Pembroke, . . Mr. Jolm Magoon. 
Hanover, . . Mr. Thomas Joslyn. 

County of Barnstable. 
Barnstable, . Sylvanus Bourn, Esq. 
Sandwich, . . Mr. Samuel Tupper. 
Yarmouth, . . John Hallet, Esq. 
Eastham, . . Capt. Samuel Knowles. 
Harwich, . . Edmund Freeman, Esq. 



County 


of Bristol — Concluded. 


Taunton, . 


. . Mr. Jonathan Godfrey. 


Behobolh, 


. Capt. Joseph Wheeten. 


Altleborough 


. Capt. Mahew Dagget. 


Dighton, . 


. Sylvester Richmond, Jr 




Esq. 


Swanzey, 


. jVIr. Esec Brown. 


Little (Jomjiton, . Capt. William Richmond 


Dartmouth, 


. ]Mr. John Tripp. 


Norton, . 


. George Leonard, Esq. 


County of York. 


York, . . 


. Mr. Samuel Clark. 


Kittery, . 


. Mr. Samuel Shory. 


Wells, . 


. Mr. Jacob Perkins. 


Berwick, . 


. Mr. Moses Butler. 


Falmouth, 


. Mr. Joshua Bangs. 


Brunswick, 


. Mr. David Dunning. 



North Yarmouth, Mr. Cornelius Sole. 
Scarborough, . Capt. Samuel Haines. 

Dukes County. 

Edgar Totvn, . Mr. John Norton. 
Chilmark, . . Zaccheus Mahew, Esq. 
Tisbury, . . . Jabez Athern, Esq. 



County op Bristol. In the County of Nantucket. 

Bristol, . . . Stephen Payne, Esq. Sherburn, . . George Bunker, Esq. 

I " William," in the House Journal, p. 4; also in Plymouth County Records, p. 1116. 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON THE Twenty-sixth Day of May, A.D. 1742. 



n H A P T ThIT? 1 Legislative 

^-tl-cl-X-L-IliXV i. Records of the 

Council, 

xvii. (3), 375; 

VOTE ALLOWING THE EXPENSES OF THE COMM't^^ ON THE VALUATION ibid., xvii., 

OF ESTATES. Mis., 434. 



House Jour- 

Voted the expences of the Committee appointed this day to take provmce'^' 
into consideration the list of the rateable estate of the province be ^^^^'^^''}nu 
allowed to be paid out of the Province Treasury. [Passed May 28. p. 53,'chap. 95.' 



CHAPTEK 2. 

VOTE IMPOWERING ZECH^ FIELD TO SURVEY AND LAY OUT 400 ACRES 

OF LAND. 

A Petition of Zechariah Field of Northfield; Shewing that the Legislative 
General Court in the year 1734 made him a grant of Eight Hun- councif ^* ^'^^ 
dred Acres of Land in consideration of the Indian Eight which he xvu. (3)',377. 
had purchased to the Lands at Paquoig and afterwards conveyed to Archives, 
the Province, where a Town is now granted and laid out ; that the ^^^'•' ^^' 
Petitioners Grant was to be laid out in two j)ieces, both to adjoin glfords'of the 
to the said Township of Paquoig, and were laid out accordingly, as counciu xvii., 
was then apprehended ; but it now appears that the greatest part of Hmi'se^Jour^" 
the said Tracts falls within the Township called New Salem ; and fp^^jP^j^pj. 
therefore praying liberty to take up the Land that is wanting, in 1741) ; p. 10.' 
some other place, not adjoining to the Township at Paquoig. Law8,°xfi.,6i, 

Eead and chap. '121. ' 

Voted that the Pef have liberty to lay out four hundred Acres of 
the Unappropriated Lands of the Province lying in the County of 
Hampshire and adjoyning to some Township or Grant already laid 
out where it may least incommode the laying out of a Township 
in Lieu of four hundred Acres of Land which the Pef by Grant 
from this Court laid out on the Southwesterly part of Pequoig so 
called (most of which appears to be in the New Township of New 
Salem) And that He by a Skilful Surveyor and Chain Men on Oath 
take a plat thereof and return the same to this Court in twelve 
months for confirmation 

Ordered that the above Memorial be revived and the Order ' thereon 
confirmed, [Passed May 29. 

' The order (or vote, supra) was passed in the House of Representatives on December 
19, 1741. See House Journal, p. 138. 

[129] 



130 



Province Laws {Resolves, etc. ) . — 1742-43. [Chaps. 3-5.] 



CHAPTER 3. 



ORDER OF NOTICE ON THE PETITION OF TIMOTHY NASH FOR A NEW 
TRIAL OF A CAUSE. 



Legislative 
Records of tlie 
Council, 
xvii. (3), 378. 
Mass. 
Archives, xlii., 

Mass. 

Archives, xlii., 
4y. House 
Journal, p. 12. 



A Petition of Timothy Nash in behalf of Daniel Parsons of 
Springfield ; praying that the said Daniel may be admitted to try 
a cause at the next Superior Court for the County of Hampshire 
which he commenced at the Inferior Court of Common Pleas for 
said County in August 1738, against Eobert Old, where Judgment 
went against him, from which he appealed, to the Superior Court, 
but the parties agreeing to submit this Action, and two Actions the 
said Old brought against the Petitioner at the same Court, to Eef- 
errees, the Appeals of Parties fell through, and the Eeferrees never 
could agree upon any Determination thereon. 

Eead and 

Ordered that the Pef serve the Adverse Partie the said Eobert 
Old with a Copy of this Pet" that He shew cause if any he have 
on Wednesday the 16''' of June next why the Prayer thereof should 
not be granted. \^Passed May 29. 



CHAPTER 4. 



ORDER ALLOWING £30 TO WILLIAM MURRAY AND SAMUEL GRAINGER. 



Legislative 
Records of the 
Council, 
xvii. (3), 381. 
Mass. 

Archives, cv., 
198. 

Mass. 

Archives, cv., 
196. Legisla- 
tive Records of 
the Council, 
xvii., Mis., 436. 
House .Jour- 
nal, pp. 13, 14. 



A Petition of Oliver Patridge Esq"^ in behalf of William Murray 
and Samuel Grainger who were Sureties for one Samuel Fairfield, 
reputed father of a bastard Child born of the body of Silence Hast- 
ings in the County of Hampshire, for the said Fairfields maintain- 
ing said Child; praying that the Province Treasurer may be directed 
to return the Petitioners thirty pounds, being part of what was re- 
covered of them on their said Bond, the said Child being not like 
to be a further charge to the place. 

Eead and 

Ordered that the Province Treasurer be directed to pay the Sum 
of thirty pounds Old Tenor Bills or equivalent thereto, to the Pef 
for the Use of the within named Murray and Grainger by him to 
be paid unto them accordingly. [Passed June 1. 



CHAPTER 5. 

ORDER OF NOTICE ON THE PETITION OF SAM^- & ELDAD POMROY 
PRAYING TO BE ANNEXED TO NORTHAMPTON FIRST PRECINCT. 



Legislative 
Records of the 
Council, 
xvii. (3), 382. 

House Jour- 
nal, p. 15. 



A Petition of Samuel Pomroy and Eldad Pomroy of Northamp- 
ton, shewing that their Houses and Lands are within the Bounds of 
the new Precinct there ; but are much more conveniently situated for 
the first Precinct ; praying that they and their families and Estates 
may belong to the said first Precinct. 

Eead and 

Ordered that the Petitioners serve the Committee of the Second 



[1st Sess.] Province Laavs {Resolves, etc.). — 1742-43. 131 

Precinct in Northampton with a Copy of this Petition, that they 
shew cause if any they have, on the first Tuesday of the next Ses- 
sion why the prayer thereof should not be granted. \^Passed June 1. 



CHAPTER 6. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION 
OF COLL. ALMY & IMPOWERING THE RECONSIDERATION OF A JUDGMENT. 

A Petition of Job Almy of Tiverton in the County of Bristol ^^f ^|j"'^f .v 
Esq" Shewing that there is a considerable mistake in the sentence council, 
of the Court of Assize held in said County in October 1740 against sss"' Ma'sa^^' 
William Briggs & others who were found guilty of killing the Peti- Archives, cv., 

tioners Cattle and other enormous crimes; praying that this Court — '■ 

would impower the Justices of the said Court of Assize to recon- Archives, cv., 
sider the said sentence, and make such addition thereunto as they jounmi* p^p le 
shall judge reasonable. i7. 

[A committee appointed thereon reported] 

in answer to this Petition the Comittee are of Opinion that the 
Same be granted and that upon applycation by the s'' Job Almy to 
His Majestys Justices of the court of assine ' & Generall Goal Deliv- 
ery for a Eeconsideration of their Judgem* against William Briggs 
of Little Compton given in the year 1741 to pay treble Damages to 
the S*^ Almy for one Ox only Stollen by the S'^ Briggs he being Con- 
vict by verdict of Jury for Stealing Six oxen of the s*^ Almys And 
upon Such applycation and Notifying the s*^ Briggs of this order 
by Serveing him with a Copy there of or leaving a Copy at His 
usual! place of abode seven Days before the Sitting of the Court 
of Assize at Bristole in October next The Justices of s*^ Court be 
enabled & impowered at the S*^ Court to Eeconsider their s'^ Judg- 
ment against the s'^ William & to Enter up Judgment anew (pur- 
suant to his Conviction by Verdict of the Jury.) as to Law & Justice 
doth appertain, & award Execution accordingly. 

by order of the Comittee W" Dudley 

Read and 

Ordered That this Report be accepted ; And That the Justices of 
the Court of Assise and General Goal Delivery be and hereby are 
impowered, upon Application made to them for that Purpose, by 
the Petitioner, to reconsider their Judgment within mention'd, at 
their Sitting at Bristol in October next, and proceed therein as to 
Law and Justice appertains: Provided the Petitioner leave a Copy 
of this Order at the Said Briggs's usual place of Abode Seven days 
before the Sitting of Said Court. \^Passed June 2. 



CHAPTER 7. 

ORDER IMPOWERING THO^ PEGAN INDIAN, TO EXECUTE A DEED OR 

DEEDS. 

A Petition of Thomas Pegan of Natick Indian, praying that Legislative 
he may be impowered to sell so much of his out Lands in Natick councif,° 
as may be sufficient to pay his engagements for his Son, and that Ma'ss.^^^'^^' 

' Sic. 



132 



Province Laws {Resolves, etc.) . — 1742-43. [Chaps. 8,9.] 



Archives, 
xxxi., 401. 

Mass. 
Archives, 
xxxi., 400-402. 
House Jour- 
nal, p. 22. 



all AVrits & Executions against him may be stop'd till he can dis- 
pose of said Lands. 

Read and 

Ordered that the Prayer of the Pet° be granted and the Pef is 
hereby Enabled to Execute a good Deed or Deeds in the Law for 
so much of tlie lands mentioned herein as shall be needful to pay 
and discharge the Execution that now lyes against him, and his 
other Just Debts, and Charge arising by such sale and Edward God- 
dard Esq"" and M'' Joseph Livermore are desired to advise and Assist 
the Pef therein and See that Justice be done in the affair and report 
their doings to this Court at theii; next Session And all Executions 
are stayed in the mean time, \_Passed June 4. 



CHAPTEE 8. 



ORDER APPOINTING A COMMITTEE TO ENQUIRE ABOUT THE PROGRESS 
OF THE TOWNSHIPS GRANTED SINCE 1725. 



Legislative 
Records of the 
Council, xvii., 
Mis., 443. 
Mass. 
Archives, 
xlvi., 138. 

Legislative 
Records of the 
Council, 
xvii. (3), 388. 
House Jour- 
nal, p. 23. 



In the House of Rep^«^ 

Ordered that M'' Clap M'' Boardman Cap'' Jackson Col Chandler 
and Col Epes with such as the Hon'^''^ Board shall Joyn be a Comm®^ 
to take under consideration the several Grants that have been made 
to Persons for Townships since 1725. And to Enquire what Progress 
those Grantees have made and what discouragments and Obstacles 
they have met with in the Settlement of those Towns and to con- 
sider what is expedient to Encourage them to proceed and finish 
those Settlements with all convenient Speed and thereof make re- 
port as soon as may be. 

In Council; Read et Concur'd and W'" Dudley, John Read & John 
Quincy Esq'* are joined in the Affair. \_Passed June 4. 



CHAPTEE 9. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF THE BERWICK 
INHABITANTS ABOUT A MEETING HOUSE. 



Legislative 
Records of the 
Council, 
xvii. (3), 389. 
Mass. 
Archives, 
cxv., .378. 

Mass. 
Archives, 
cxv., 377. 
House Jour- 
nal, pp. 19, 22. 



A Petition of Nathan Lord and a considerable number of others, 
Inhabitants of the town of Berwick, complaining of the proceedings 
there as to the building of a New Meeting House ; and praying that 
this Court would send a Committee to view the said Town and report 
what they think proper for the Court to do in the affair, and that 
all other Proceedings therein may be stop'd in the mean time. 

In the House of representatives read & 

Ordered that M'' Clark & M'' Perkins with such as the Hon^'^ 
Board shall joyn be a Com"^'' to repair to y*^ Said town inquire into 
the Situation & Circumstances thereof & report what they Judge 
proper for this Court to do thereon at their next Session and that 
the Town be Directed to Suspend in y'^ Meantime any further Pro- 
ceeding in building a Meeting house, The Cost and Charge of said 
Com*^'^ to be defrayed by the Petitioners 

In Council read & Concurred & Jer: Moulton Esq'' is Joyn'd in 
y® affair. \^Passed June 4. 



[1st Sess.] Province Laws {Resolves, etc.). — 1742-43. 133 

CHAPTER 10. 

ORDER GRANTING TO STE. WILLIAMS 100 ACRES OF LAND. 

A Petition of M'' Stephen Williams of Springfield, praying that Legislative 
this Court would either grant him a piece of land of about one Hun- councif.^ ^ ^ 
dred Acres lying near the Town of Somers and between CoUins's and Ma"s^^^'^^^" 
Coltons Grant, upon his making a settlement there, or that they Archives, xii., 

would sell him said land. — '- 

Kead and. Arciiives, xii., 

Ordered that there be granted to the Pef His Heirs and Assigns 224^ R^clrdsof 
One hundred Acres of the Unappropriated Lands of the Province the Council, 
lying East of Somers in tlie County of Hampshire to be bounded House'jour*^^' 
as follows. Viz*^ South on the Colony Line East on a grant of Land °*i> p- '^^ 
laid out to Thomas Colton. AVest on a Grant of Land laid out to 
M'' Collins, to Extend North so far as to make the full Quantity of 
one hundred Acres provided it does not interfere with any former 
Grant. And that the Pef within five Years build a house eigh- 

teen feet square and Seven feet Stud on said Land, and clear and 
bring to mowing or ploughing the quantity of five Acres thereof 
and hath actually a Family living on said Land and that He return 
a Plat thereof to this Court within twelve months for confirmation. 
\^Passed June 4. 



CHAPTER 11. 

'order IMPOWERING JAC. CHALCOM, INDIAN, TO SELL LAND. 

A Petition of Jacob Chalcom of Natick, Indian, praying for Legislative 
liberty from this Court to sell ten acres of land in Natick to enable counclf, °* ^''^ 
him to pay the charge of finishing a Barn he has begun to build. xvii. (3), 390. 

Eead and Archives, 

Ordered that the within Petition be Granted and the Petitioner be ^^^'•' ^"^' 

hereby Impowered to Sell Ten Acres of his Land the mony Ariseing Archives 
by the Sale thereof to be Apply'd for the Purposes therein Mentioned xxxi.,403'. 
and John Jones Esqr is desired to Advise and Assist the petitioner Eefords of the 
therein the produce to be applyed for the purpose herein mentioned Sis^ms^^"' 
And See that Justice be done him, and Report herein to this Court House Jour- 
at their Next Seting, \^Passed June 4. na , p. 



CHAPTER 12. 

ORDER IMPOWERING THOMAS AWUNSAMUG, INDIAN, TO SELL LAND. 

A Petition of Thomas Awunsamug of Natick, Indian, praying Legislative 
for liberty to sell Twenty five Acres of his common Lands, to enable coundi! ^'^ ^^"^ 
him to compleat the payment for eighty acres he has purchased, and xvii. (s/, 391. 
enable him to build a house there. Archives, 

Read and ^^^'- ^^- 

Ordered that the Prayer of the Pet" be granted and that the Pet' ^l^^^^^^^^ 
be allowed and Enabled to Sell twenty five Acres of his common and xxxi.,398. 



134 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 13, 14.] 



Legislative 
Records of the 
Council, xvii., 
Mis., 447. 
House Jour- 
nal, p. 23. 



Undivided Lands in Natick for the most they will Sell for, the Money 
arising by such sale to be applyed for the payment of the lands for- 
merly purchased by him, and the remainder to be applyed for build- 
ing a House as herein mentioned and John Jones Esq" is desired to 
advise and Assist the the ' Pef in Said Sale and See that Justice be 
done him in the Aifair and report thereon to this Court at their next 
Sitting. \^Passed June 4. 



CHAPTEK 13 



ORDER IMPOWERING JA** BARTON AS GUARDIAN TO SELL LAND AND 
EXECUTE DEED THEREFOR. 



Legislative 
Records of the 
Council, 
xvii. (3), 393. 
Mass. 
ArcWves, 
xviii., 16. 

Mass. 
Archives, 
xviii., 15. 
Legislative 
Records of the 
Council, xvii., 
Mis., 438. 
House Jour- 
nal, pp. 24, 25. 



A Petition of James Barton of Boston as Guardian to his Sister 
Katherine a minor; praying for liberty from this Court to sell her 
quarter part of a piece of land at Newtown (which descended to 
the Petitioner and his Brother and Sisters from their Grandfather 
James Barton) which will be much for the advantage of the said 
Katherine as well as the others concerned, who are all of Age and 
willing to sell their parts. 

Eead [and] 

Ordered that the prayer of the Petition be Granted and the Peti- 
tioner be hereby Impowered to pass and Execute a good & Sufficient 
deed or Deeds in the law for the Same, he first giving Sufficient Secu- 
rity, to the Judge of probate for the County of Suffolk; that the 
money Arising from s*^ Sale be improved to & for the Use & benefit 
of the s'' Margarett the Minor during her Minority, and that \uhat 
shall remain in his hands, upon ballance of his Accompts with the 
S*^ Judge, be delivered to her, when She shall Arive to Lawfull Age 
or day of Marriage, [^Passed June 5. 



CHAPTER 14. 



ORDER OF NOTICE ON THE PETITION OF ELBA. STERNS FOR A NEW 
TRIAL OF AN ACTION. 



Legislative 
Records of the 
Council, 
xvii. (3), 393. 
Mass. 
Archives, 
xlii., 95. 

Mass. 
Archives, 
xlii., 93. 
House .Jour- 
nal, p. 24. 



A Petition of Eleazar Sterns of Concord, praying for a new 
Trial at the next Inferior Court for the County of Middlesex of a 
cause between the Petitioner, and one James Nutting. 

Eead and 

Ordered That the Petitioner Serve The Adverse party James Nut- 
ing with a Copy of this Petition that So he shew cause (if any 
he liave) on Tuesday the fifteenth Currant why the prayer Thereof 
Should not be Granted. \_Passed June 6. 

I Sic. 



[1st Sess.] Province Laws (liesolves, etc.). — 1742-43. 135 



CHAPTEK 15. 

ORDER OF NOTICE ON THE PETIT" OF JOHN HOLBROOKE AND OTHERS 
OF BELLINGHAM AND JAMES ALBEE AND OTHERS OF MENDON TO 
BE ANNEXED TO BELLINGHAM. 

A Petition of John Holbrook and others of the Town of Belling- Legislative 
ham, and James Albee and others of the Town of Mendon, Shewing counc'if ^* ^^^ 



others of the Town of Mendon, Shewing councif ° 
number of Sectaries ' in Bellingham the j^ii. (3), ; 



that by reason of the great number of Sectaries ' in Bellingham the xvii. (3), 395 
remaining part are not able to support a Gospel Minister, and that ArchiveB, xii., 
the Petitioners of Mendon are commodiously situated for Belling- ^'^'^■ 



ham; and therefore praying that part of Mendon particularly de- ^rc^j^gg xii 
scribed in the petition may be set off from that place and ioined to 226-234. iiouse 

,, -im -ct:>ivi^ Journal, p. 27. 

the said Town of Bellingham. 

Eead and 

Oi'dered that the Pet" serve the Town of Mendon with a Copy 
of this Pet" that they shew cause if any they have on the first fry- 
day of the next Session of this Court why the Prayer thereof should 
not be granted.^ \^Passed June 8. 



CHAPTER 16. 

ORDER OF NOTICE ON THE PETITION OF OBED EDSON TO SET ASIDE 
A DECREE OR PROSECUTE AN APPEAL. 

A Petition of Obed Edson and Keturah his wife, praying that Legislative 
a Decree of the Judge of Probate for the County of Plymouth for councif,*' 
the settlement of the Estate of Jonathan Willis dec'^ may be set mI^s;^^^'^^^' 
aside, or that the Petitioners may be impowered by this Court to Archives, 
prosecute an Appeal from said Decree xvm., 



Eead and Archives, 

Ordered that the Petitioners Serve The Adverse party Stoughton ^^^^ j'qJjj. 
Willys & Jonathan Cary with a Copy of this Petition that so they nai,p.25. 
may Shew Cause if any they have on Tuesday the 22*^ Instant why 
the prayer thereof Should not be Granted. ' \^Passed June 8. 



CHAPTER 17. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF THO^ MARSH 
AND OTHERS TO BE MADE A SEPARATE TOWNSHIP OR PARISH. 

A Petition of Thomas Marsh and others. Inhabitants of a Tract Legislative 
of Land between Wear River and Swift River near Brookfield, Shew- couucif,*' 
ing that they live at a great distance from any place of publick Wor- fjass.^^^'^^" 
ship, & praying that a Committee may be appointed to view their Archives, 

situation and circumstances, and report whether they judge proper _^^^^^^ 

they should be made a Township or Parish. Archives, 

In the House of Rep^-^^ House'jour- 

Read and °ai, pp. 16, 17. 

Ordered that Cap* Partridge and Cap* Converse with such as the 

• Sic. 

» At the hearing on September 3, 1742, House Journal, p. 70, this petition was dismissed. 
See also Legislative Records of the Council, xvii. (3), 47L 



136 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 18, 19.] 



Hon^''' Board shall Joynbe a Comm°'' to View the state and circum- 
stances of the Petitioners. They giving seasonable Notice to the 
Inhabitants or Proj^rietors of Brookfield and the Elbows (so called) 
And the Inhabitants of Western Who may be Effected thereby That 
they may be present at the Meeting of said Committee if they see 
cause. The Comm*^® to report as soon as may be what they Judge 
proper for the Court to do in answer to this Petition 
In Council 
Eead and Concurr'd and Joseph Wilder Esq"" is join'd in the 
Affair. \^Passed June 8. 



CHAPTEE 18. 



Legislative 
Records of the 
Council, 
xvli. (3), 402. 
Mass. 
Archives, 
xlix., 158. 

House Jour- 
nal, p. 35. 



VOTE FOR CELEBRATING Y" KINGS ACCESSION. 

Whereas to Morrow the ll**" Instant will be the happy Anni- 
versary of the Accession of His Maj^' King George the Second to 
the Crown of Great Britain : 

Voted that the same be Celebrated in the Court House on that 
day: 

And that the Door keeper be directed to inform the Sextons of 
the several Churches in Boston It is the desire of the Court the 
bells may be rung out on that Joyful Occasion. \_Passed June 10. 



CHAPTEK 19. 



ORDER IMPOWERING NOAH ASHLEY TO ENTER A NEW TRIAL OF A 

CAUSE. 



Legislative 
Records of the 
Council, 
xvii. (3), 403. 
Mass. 
Archives, 
xlii., 55. 

Mass. 
Archives, 
xlii., 64-58. 
House Jour, 
nal, p. 31. 



A Petition" of ISToah Ashley of Western in the County of Worces- 
ter, Shewing that at the Inferior Court of Common Pleas for the 
County of Hampshire held in May last, one James Poisson sued 
the Petitioner for a Note of Hand, and he knowing that he had 
given such Note, neglected to attend the Court, and suffered the 
Action to go against him by Default ; but instead of the true Note 
he had given, it was a falsified note that was produced in Court 
and Judgement obtained upon it ; And forasmuch as the Petitioner 
is able to prove that the said Note was falsified, therefore Praying 
that he may be allowed upon the trial of the said Cause at the next 
Superior Court for said County, to make an issuable Plea thereon. 

Eead and in Answer hereto 

Ordered that the Pef have liberty to make an Issuable Plea in 
the Cause mentioned, at the next Sup'" Court to be held at Spring- 
field in and for the County of Hampshire on the fourth tuesday of 
September next. And the Justices of the said Court are hereby Im- 
pouered to recieve the said Plea and hear and try the s'^ Cause by a 
Jury the default mentioned notwithstanding The Pef serving the 
said James Poisson or his Attorney with this Order fourteen days 
at least before the sitting of said Court. \_Passed June 10. 



[1st Sess.] Province Laws {Resolves, etc.). — 1742-43. 137 



CHAPTER 20. 

ORDER ALLOWING THE ACCT OF THE COUNTY TREAS'' OF THE COUNTY 

OF YORK. 

An Accompt presented by Jeremiah Moulton Esq'' Treasurer of Refo^J^g'^f tjj 

the County of York for the year 1741 ; having been laid before the Council, 

Court of General Sessions of the Peace for the said County & by x'^"- (3). 406. 

them allowed House Jour- 

Liieui ctuuvveu. nal, pp. 10,35. 

Eead and 

Ordered that the within Accompt be allowed ; the Ballance due 
to the Accomptant being One Pound Seven Shillings and one Far- 
thing, the last Emission. \_Passed June 12. 



CHAPTER 21. 

ORDER GRANTING 250 ACRES OF LAND TO ELIJAH WILLIAMS. 

A Petition of Elijah Williams of Deerfield, setting forth the Legislative 
services of his brother Samuel Williams dec"^ in the War against ooun^clf ^'^ "'^ 
the French and Indians, & praying for a grant of a long slip of xvii. (3)', 406. 
Land containing Two hundred and fifty acres, being seven miles Archives, 
reserved to the Province at the North End of Deerfield, or that t-^xn., 6i3. 
the same may be sold to him. us.ss,. 

Eead and in Answer to this Pet" ixxii., 612. 

Ordered That the land herein mentioned be granted to the Pef pian8,Tiis., 
His Heirs and Assigns for ever One half thereof in consideration Le^IlKtive 
of the Services and Sufferings of the Dec"' herein named And that Records of the 
He pay into the Province Treasury Six pounds five shillings in Bills Mis.^ilk^^"'' 
of Credit of the last Emission or other Bills equivalent thereto within nai^®5*^/2°^35 
three Months for the other half, and that the afores'' Sum be applyed 
to sinking the funds. \^Passed June 12. 



CHAPTER 22. 

ORDER OF NOTICE ON THE PETIT^ OF DIVERS INHABITANTS OF SCAR- 
BOROUGH & BIDDEFORD RELATIVE TO THE FORFEITURE OF RIGHTS 
IN NARRAGANSETT TOWNSHIP N" ONE. 

A Petition of Elliot Yaughan and others. Inhabitants of the Legislative 
Towns of Biddeford and Scarboro, complaining of the delinquency c^undf °**'^^ 
of many of the Grantees of the Narraganset Township, laid out xvu. (3)', 408. 
on the Borders of the said Towns, (commonly called Number One) Archives, 
and the said Grantees utterly neglecting to settle themselves on cx'y-. "64. 
their Lots, which is a great weakening to the Inhabitants of the Archives 
said Towns of Biddeford and Scarboro; and therefore Praying that cxiv., 762! 
either the said Grantees may be obliged to settle there, or the Peti- na°"iK 35.^' 
tioners, or some of them, have their forfeited Lots granted them. 

Eead and 

Ordered that Caj^* Samuel Haines Serve the Clerk of the Pro- 
prietors or Grantees with a Copy of this Pet" that they shew cause 



138 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 23-25.] 



if any they have on the Second tuesday of the next Fall Session 
why the Kespective Eights of the delinquent Prop" or Grantees 
should not be declared forfieted.' [^Passed June 14. 



Legislative 
Records of the 
Council, 
xvii. (3), 380. 
Mass. 
Archives, 
xvii., 891. 

Mass. 
Archives, 
xvii., 890-895, 
900. Legisla- 
tive Records of 
the Council, 
xvii. (3), 410. 
House Jour- 
nal, pp. 10, 88. 



CHAPTER 23. 

ORDER OF NOTICE ON THE PETITION OF SUSANNAH BODINGHAM FOR 
LEAVE TO SELL AN ESTATE. 

A Petition of Susannah J3odingham, Widow of William Boding- 
ham late of Needham in the County of Suffolk dec'' Shewing that 
her said husband left his estate by Will to Jonathan Townsend & 
Samuel Smith, which estate consisted principally of a House and 
Land, which was mostly purchased with her own money ; that the 
Judge of Probate has set off one third part of said estate to her 
for life, notwithstanding said Will, which is no ways sufficient for 
her support; and therefore praying liberty from this Court to sell 
the said Estate for her maintenance. 

Eead, and, upon the Petition of Jonathan Townsend, 
Voted That the Consideration of this Petition be referred to the 
first Fryday of the next Sitting of this Court; and That the said 
Jonathan Townsend, in the meantime. Serve Sam' Smith one of 
the heirs of the withinnam'd William Bodingham with a Copy of 
this Petition, that so the said Heirs may then Shew Cause, if any 
they have, why the Prayer of the Petition Should not be granted. 
\^Fassed June 14. 



Legislative 
Records of the 
Council, 
xvii. (3), 411. 
Mass. 

Archives, cii., 
258. 

House Jour- 
nal, p. 41. 



CHAPTER 24. 

ORDER ALLOWING JOHN NORTON COLLECTOR OF EXCISE TO GIVE A 
BOND TO THE PROVINCE TREASURER. 

Ordered that M"" John Norton Coll"" of Excise for the County of 
Dukes County for the past Year be allowed to give Bond with Suffi- 
cient Suretys to the Province Treasurer for the faithful discharge 
of that Trust, the time by Law for giving Bond (to the Gen' Ses- 
sions for the Peace for that County) being Elapsed notwithstanding. 
yPassed June 15. 



CHAPTER 25. 



Legislative 
Records of the 
Council, 
xvii. (3), 411. 
ISlass. 
Archives, 
xxxi., 382. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON ISRAEL 
STEVENS PETITION FOR LEAVE TO SELL LAND. 

Pursuant to the foregoing Order [^ante, p. 97, chap. 202] the 
Committee to inspect the Indian affairs, have considered of the 
foregoing petition and find the facts truly related, and are oi 
Opinion "that the Petitioner present an Accompt of his Adminis- 
tration unto the Judge of Probate for the County of Worcester, 

> A similar petition by others, followed by a like order of notice, follows in the Records. 
— Legislative Records of the Council, xvii. (3), 409. 



[1st Sess.] Province Laws {Resolves, etc.). — 1742-43. 139 

as ulso a list of the Deceaseds debts, in due form of law, and that Mass. 
the Petitioner upon the Adjustment of the Acoompts by the said xxxi.^sso. 
Judge have leave to sell to the highest bidder so much of the Tes- ^,i°"'?f 4,^^^' 
tators land as shall be sufficient to answer the purposes mentioned Province 
in the Petition, and that in the sale of the premisses he observe the ciiap^'io.'' ' 
directions of the Province Law made in the Sixth year of the Reign ^hap'.Sj-i!'^' 
of his late Majesty King George the First relating to Notifications. 
Fea. Foxcroft, by Order of the Com*''^ 

Read & 

Ordered that this Report be accepted. \_Fassed June 15. 



CHAPTER 26. 

ORDER OF NOTICE ON PETITION OF SAMUEL MAUDSLEY FOR LEAVE 
TO FILE A COMPLAINT. 

A Petition of Samuel ' Maudsley of Windham in the Colony Legislative 
of Connecticut, Shewing that his Attorney thro his inadvertency coxmcif °* ^"^^ 
neglected to file his complaint against Margaret Taylour of Charles- xvu. (S)', 4i-2. 
town for not prosecuting at the Superior Court for the County of House Jour- 
Suffolk, her appeal from a Judgement he obtained against her at "'^ ' ^" ^" 
the Inferior Court; and therefore Praying that he may be imj^ow- 
ered to file his Complaint at the next Superior Court. 

Read and 

Ordered that the Petitioner or his Attorney serve the adverse party 
the said Margaret Taylour with a Copy of this Petition, that she 
shew cause if any she hath, on Fryday the second of July next, why 
the prayer thereof should not be granted. [Passed June 15. 



CHAPTER 27. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION 

OF JOS. BELKNAP. 

The Report * of the Committee on the Petition of Joseph Belknap. Legislative 
[ante, p. 99, chap. 20G] Coundf"''^ 

Read and xvii. (3)', 4i3. 

Ordered that this Report be Accepted, and that the Petitioner Legislative 
be and hereby is allowed to bring forward his Writ of Review of coum-fi^ ^^ ^^^ 
the cause within mentioned, at the Superior Court of Judicatiire ^vii. (S), 386. 
to be held at Cambridge within and for the County of Middlesex nai, i>p.2o,38. 
on the first Tuesday of August next ; and the Justices of the said ^i^'p. 206^^' 
Court are impowered and directed to hear and try the said cause, 
make up Judgment and Award Execution accordingly; the former 
Judgment and Rule of Court notwithstanding: Provided the Peti- 
tioner serve the adverse party Samuel Belknap with a Copy of this 
Order fourteen days at least before the sitting of the said Court. 
[Passed June 15. 

• "Eben""" in the margin. 
^ No report has been found. 



140 



Province Laws {^Resolves, etc.). — 1742-43. [Chaps. 28-30.] 



CHAPTER 28. 



ORDER OF NOTICE ON THE SUFFIELD PETITION IN REGARD TO A 

BOUNDARY LINE. 



Legislative 
Records ot the 
Council, 
xvii. (3),415. 
Mass. 

Archives, cxv., 
35^ 

Mass. 
Archives, 
cxiv., 7-29-731; 
cxv., 33. 
House Jour- 
nal, pp. 37,40. 



A Petition of the Town of Suffield, complaining against the 
Town of Springfield for running their Line between the said two 
Towns so as to take off a considerable part of the lands of Suffield 
according to the ancient established Boundary; and therefore pray- 
ing for an opportunity of shewing their Right to this Court. 

Read & 

Ordered that the Petit" Serve the Town of Springfield with A 
Coppy of this Petition that they Shew Cause (if any they have) 
on the first fryday of the next fall Sessions Why the prayer thereof 
Should not be Granted. \^Passed June 15. 



Legislative 
Records of the 
Couucil, 
xvii. (3), 419. 
Mass. 
Archives, 
Ixiv., 190. 

Mass. 
Archives, 
Ixiv., 188. 
Legislative 
Records of the 
Council, xvii., 
Mis., 4:!9. 
House Jour- 
nal, p. 46. 
Province 
Laws, xii., 676, 
chap. 13. 



CHAPTER 29. 

VOTE DIRECTING REPAIRS AT BEACON ISLAND. 

A Memorial of William Dudley Esq"" and others, a Committee 
appointed to take care of the Repairs upon Beacon Island, shewing 
that upon finding that the timber of the Wharf and Dam on the 
North side was almost eaten up with worms, they consulted with 
proper Workmen upon the matter, who were of Opinion that it was 
best that the West end of the said Wharf should be built with stone 
up to high Water mark ; praying for direction thereon ; and propos- 
ing that a new Cable or Hawser may be furnished for mooring the 
Province Boat and other Boats there. 

Read & 

Orderd That the Memorialists be & hereby are directed to take 
care that the repairs of the Wharffe & Dam therein mentioned be 
effected in the speediest & best manner & that they provide a suit- 
able Cable or Hawser for the use of the Province Boat. [^Passed 
June 17. 



CHAPTER 30 



Legislative 
Records of the 
Council, 
xvii. (3), 278. 
Mass. 
Archives, 
cxiv., 699. • 

Mass. 
Archives, 
xlvi., 158; 
cxiv., 697. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 436; ihid., 
xvii. (3), 419. 
House Jour- 
nal, pp. 193, 195 
(March, 1742) ; 
pp.43, 44. 
Province 



ORDER GRANTING 4,000 ACRES OF LAND TO THE TOWN OF NEW SALEM. 

A PETiTiGisr of Benjamin Brown Esq' and others Proprietors of 
the Township called Salem New Town, Shewing that by reason of 
their altering Lines to accommodate a Town more lately granted, 
they are fallen upon a very barren and unprofitable piece of Land; 
and therefore Praying that this Court would grant them a Tract 
of Land lying Northerly of them and adjoining to them, bounding 
Easterly on Paquoig, Northerly on Millers River and Westerly on 
Road Town and Province Land, containing about three thousand 
Acres. 

Read and 

Ordered that this Pet" be revived and in answer thereto 

Ordered that there be granted to the Prop"'^ of the Township 
called New Salem four thousand Acres of Land beginning at the 



[1st Sess.] Province Laws {Resolves, etc.). — 1742-43. 141 

North west Corner of said Township and to rnn North to Millers Laws, xii., io4, 
River: [then] ' extending East by said river and by the North Line chap.228. 
of said Township so far as to make np the Grant of fonr thon- 
sand Acres; provided it does not interfere with any former Grant. 
\^Passecl June 17. 

CHAPTER 31. 

ORDER GRANTING THE PETITION OF SAM'- CRANDELL FOR STAY OF 

EXECUTION. 

A Petition of Samnel Crandel one of the Constables of Tiver- Legislative 
ton for the year 1740, shewing that he had a Rate committed to councff/* ^''^ 
him to collect by the Assessors of said Town, two of whom were ^'^^*- ^^^•^"^• 
never nnder Oath and therefore divers of the Inhabitants refuse Archives, cu., 

to pay their Taxes, and the Petitioner declining to distrain because — 

the Assessment was not made according to Law an Execution is Archives cu. 
issued out against him, and he must go to Goal unless this Court 238. Legisia-' 
protect him; and therefore praying for relief from this Court. the Council 

Read, together with the Answer of Samuel Durfee and Samuel House^Jour- 
Borden, and the Matter being fully considered, nai,pp.n,46. 

Ordered That the Execution within mention'd be Staid for the 
Space of three Months: and That the Petitioner be and hereby is 
impowered and directed to proceed in collecting Such Rates as are 
unpaid to him, notwithstanding the withinnamed Durfee and Bor- 
den were not legally qualified. \^Passed June 17. 



CHAPTER 32. 

ORDER IMPOWERING ELIS-^ CALLENDER AND JOHN CALLENDER EXEC- 
UTORS TO SELL REAL ESTATE. 

A Petition of Elisabeth Callender and John Callender Executors Legislative 
of the last Will and Testament of Elisha Callender dec-^ Shewing ^^IJ^'c^r* *^^ 
that by the said Will, the Testator (after certain Legacies given) xvii. (3)', 420. 
gave all the rest of his Estate both Real and Personal to the Peti- Archives, 

tioner Elisabeth his Widow for the bringing up of her Children, r^^"-' ^^'^- 

and to be by her distributed among them when they come of age, ^Jrchives 
as she thinks fit ; that her eldest Daughter is of full age and demands xvu., 8%! 
her share; and therefore praying that she may* be impowered to sell Refordsof the 
the Real Estate, the produce to be distributed according to the Will. ji°g"^',',.^^"'' 
Read and in Answer to this Petition House Jour- 

Ordered That the Petitioners be and hereby are impowered to Sell pro^nce ' 
the Real Estate within mentioned, to such Person as shall bid most ^jfap^'jo';' ^^^' 
for the Same, and to execute, in due form of Law, a Deed thereof 
accordingly ; and That the Petitioner Elizabeth have the Improve- 
ment of one third of the Produce of the Premises during Life; 
Provided she give Bond to the Judge of Probate for the County 
of Suffolk, with Sufficient Sureties, that, at her Decease, the Prin- 
cipal shall revert to the heirs of tlie said Elisha; The Remainder 
of the said Produce, (after Such Debts as remain due from the Tes- 
tator are Satisfied) to be disposed of agreable to his will Provided 
also that in the Sale of the Premises the Petitioners observe the 

1 MS. mutilated ; word supplied from Legislative Records of the Council, xvii., Mis., 436. 



142 



Province Laavs {liesolves, etc.). — 1742-43. [Chaps. 33, 34.] 



Directions of the Province Law pass'd in the Sixth year of the 
Eeign of his hite Majesty King George the first Cliap: the third, 
relating to Notifications. \^Passed June 17. 



CHAPTEK 33. 



liegislatlve 
Records of the 
Council, 
xvii. (3), 422; 
ibid., xvii., 
Mis., 446. 

Mass. 

Archives, xlii., 
86. House 
Journal, p. 42. 



RESOLVE ON THE PET^ OF JOS BUCKMINSTER ESQ^^ IN REGARD TO 

PETIT JURORS. 

A Petition of Joseph Buckminster of Framingham in the County 
of Middlesex Esq"", Shewing that the Heirs of Thomas Danforth late 
of Cambridge in said County Esq"" dec*' have commenced twenty six 
Actions against the Petitioner for a tract of land in Framingham he 
purchased of said Danforth ; and for as much as many of the rela- 
tions of that family dwell in the towns of Cambridge, Newtown 
and Lexington, therefore Praying that no Jurors for the trial of 
the said Actions may be taken out of those Towns. 

[Read and] 

Resolved that the [Justices] ' of the Superior Court give orders to 
their Clerk that he issues veneries for for ^ petit juries to such Town 
in the County of Middlesex & so many of them as shall be necessary 
to obtain a sufficient number of Juriors for trial of of ^ the several 
causes that are or may be pending between the said Buckminster & 
the heirs of M Danforth respecting certain lands in Framingham, 
so that no juror returned from Cambridge Newton Lexington or 
Framingham, may be on the trial of said causes at the several supe- 
rior courts in said County next coming where such causes are to be 
tryed, provided nevertheless that the said Juriors shall be chosen 
in the usual method, by drawing their names from the jiiriors box 
agreeable to Law, & that notice hereof be given to said justices by 
said Buckminster. \^Passed June 18. 



CHAPTER 34. 



Legislative 
Records of the 
Council, 
xvii. (3), 423. 
Maes. 
Archives, 
Iviii., 323. 

Mass. 
Archives, 
Iviii., 321. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 437. 
House Jour- 
nal, p. 46. 



ORDER ALLOWING £50 INCREASE TO THE SALARY OF REV" M« EDWARD 

HOLYOKE. 

A Petition of the Rev"^ M"" Edward Holyoke, President of Har- 
vard College in Cambridge, Setting forth the great expence he is 
obliged to be at, and the insufficiency of the profits of the said 
place to support him; & praying that this Court would enlarge his 
Salary. 

Read and in Answer to this Pet" 

Ordered that the Suffi of fifty pounds of the last Emission be 
added to the Yearly salary of the Pet^ \^Passed June 18.^ 

I Inserted from Legislative Records of the Council, xvii. (3) , 422 ; the word is " Juries," 
in ibid., Mis., 446. 

a Sic. 

' This date is according to Mass. Archives and Legislative Records of the Council, xvii. 
(3) ; according to Legislative Records of the Council, xvii.. Mis., and the House Journal 
the date is June 17. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1742-43. 143 



CHAPTER 35. 

ORDER OF NOTICE ON THE COLD SPRING PETITION TO LAY A TAX ON 

LAND. 

A Petition of Caleb Lyman Esq' Joseph Phelps and others, Pro- Legislative 
prietors and Inhabitants in the place called Cold Spring, Setting forth councMf,°* ^^^ 
the great expence they have been at in building a Meeting House, xvii. (3), 425. 
supporting a Minister &*= as also the necessity they are under of rais- Archives, xiii., 

ing further sums for carrying on the affairs of their Society, and the ^^ 

incapacity of the Inhabitants to support that expence without the ^i^^^ives xiii. 
help of the Proprietors; and therefore Praying that they may be im- 5vi8;cxiv.',7o7.' 
powered to lay a Tax on the Lands there, of one peny half peny per nai^pp-iciL 
Acre in Bills of the last Emission for the uses aforesaid. 

Eead & 

Ordered that the petitioners Notify the Non-Resident proprietors 
of the within Tract of Land (by Inserting the Purport of said peti- 
tion in the publick Prints) that they shew Cause if any they have on 
the Second Wednesday of the next Fall Session why the prayer thereof 
should not be Granted. \_Passed June 18. 



CHAPTER 36. 

ORDER ALLOWING THE ACC^ OF THE TREASURER OF BARNSTABLE CO. 

An Accompt presented by Ebenezer Lewis Esq'' Treasurer of the Legislative 
County of Barnstable for the year 1741 ; Having been laid before the councif °* *'^^ 
Court of General Sessions of the Peace for said County, and by them xvii. (3)', 426. 

allowed : House Jour- 

Read and nai.pp.io,48. 

Ordered that this Accompt be allowed, and that the Treasurer be 
further accomptable to said County for the sum of Thirteen pounds, 
five shillings and five pence lawful money. [Passed June 19. 



CHAPTER 37. 

ORDER ALLOWING THE ACC^ OF THE TREASURER OF MIDDLESEX CO. 

An Accompt presented by Daniel Russel Esq. Treasurer of the Legislative 
County of Middlesex for the year 1741; having been by him laid counclf °**^^ 
before the Court of General Sessions of the Peace for the said xvii. (3)', 42:. 
County and by them allowed. House Jour- 

Read and _ nai.pp.io,48. 

Ordered that the within Accompt be allowed ; the Ballance thereof, 
being Sixteen Pounds nine shillings and one farthing lawful money, 
the said Treasurer is further accomptable to said County for. [Passed 
June 19. 



lu 



Province Laws (Besolves, etc. ) . — 1742-43. [Chaps. 38-40. J 



CHAPTEE 38. 



ORDER ALLOWING THE ACC^ OF THE TREASURER OF WORCESTER CO. 



Legislative 
Records of the 
Council, 

xvii. (3),42T. 

House Jour- 
nal, pp. 10, 47, 
48. 



An Accompt presented by Benjamin Flagg, Treasurer of the 
County of Worcester for the year 1741; having been laid before 
the Court of General Sessions of the Peace for the said County, 
and by them allowed. 

Read and 

Ordered that the within Accompt be allowed ; the Ballance thereof, 
being Fifteen Pounds nineteen shillings and Ten pence farthing, 
lawful money, the said Treasurer is further accountable to said 
County for. \^Passed June 19. 



CHAPTER 39. 



ORDER APPOINTING A COMMITTEE ON THE PETITION OF THE NEW 
SHERBURN INHABITANTS IN REGARD TO LAND FOR A TOWNSHIP. 



Legislative 
Records of the 
Council, 
xvii. (3), 427. 
Mass. 
Archives, 
cxiv., 775. 

Mass. 
Archives, 
cxiv., 773. 
House Jour- 
nal, pp. 33, 49. 



A Petition of Eichard Williams & others. Inhabitants of a Tract 
of Land called New Sherburn, Shewing that they have a consider- 
able number of Families settled in said Place, but they are under 
great inconvenience for want of being incorporated into a Town- 
ship; therefore praying that the said Lands with some Province 
Land and Farms be erected into a Town and the whole Lands 
subjected to a tax for building a Meeting House, and settling a 
Minister among them and paying the charge of his support. 
In Council 

Eead and 

Ordered That Joseph Dwight Esq"" with Such as the Honble House 
shall join, be a Committee, at the Charge of the Petitioners, to repair 
to the Land petition'd for; carefully view the Same, and consider the 
Circumstances of the Petitioners ; and by a Surveyor and Chainmen, 
on Oath, measure the Province Land petition'd for, and return a Plat 
of the whole Tract proposed for a Township; delineating thereon, 
as well the eleven thousand Acres withinmention'd, as the Farms and 
Province Land adjoining, and make Report of their Doings, to this 
Court at the next Fall Sessions 
In the House of Rep^*^'* 

Read and Concur'd and Col Chandler and Col Ward are Joyned 
in the Affair. \^Passed June 19. 



CHAPTER 40. 

ORDER ERECTING THE INHABITANTS OF LISBURN INTO A TOWNSHIP 
AND ASSESSING TAXES. 



Legislative 
Records of the 
Council, 
xvii. (3), 378. 
Mass. 
Archives, 
cxiv., 7.'>4. 



A Petition of John Alexander and others Inhabitants of a Tract 
of Land in the County of Hampshire, commonly called Lisburn; 
shewing that there are about Forty families settled upon the Place, 
which contains about fourteen tliousand Acres, but are under dis- 
advantages for want of the privileges of a Township ; and therefore 



[1st Sess.] Province Laws (Hesolves, etc.). — 1742-43. 145 

pniying that they may be made a Town and be impowered to collect Mass. 
a Tax which they have agreed on, for the support of tlieir Minister cx-iv., 750-753. 
and other charges, and that they may be impowered to lay a Tax Refords'oniie 
for three years on the whole lands in said place, for defraying those Council, xvii., 
charges for the future. ibid.',xvn. (3), 

T?Qo<1 <!- *30. House 

rveau cv .Journal, pp. 13, 

It Appearing that the Proprietors have been dnely Served with j^- Proyince 
a Copy of this Petition, and no Answer being given in. ciiap.'so. '' ' 

Ordered that the Prayer of the Petition be Granted, and that 
John Gray, James Allexander, and James Taylor be hereby Authorsed 
to Collect the Taxes, to them Respectively Committed in Conse- 
quence of the Votes of the Proprietors of Lisburn Propriety, at 
their Several Meetings, on August 6"' 1740, on May 19 1741 and 
on Sept'''' V^ 1741 and the Same to pay to the Town Treasurer, 
when he shall be chosen, the Money to be applyed to the Ends and 
purposes for which it was Voted, and that the Assessors for s'^ Lis- 
burn Propriety be hereby Authorised to Assess a further Tax or 
Taxes of one Penny ^ Acre of the Bills of the last Emission, on 
all the lands in s'' Propriety in each of the three next Succeeding 
Years, for the purposes mentioned in their Petition, to be Collected 
by the Constables of those Respective years, and by them paid to 
the Town Treasurer, and that the Petitioners have leave to bring 
a Bill for erecting the land mentioned in the Petition into a Town- 
ship/ [Passed Jwie 21. 



CHAPTER 41. 

ORDER ALLOWING £47. 17. 6 TO SAM'- KENT AND OTHERS. 

A Petition of Samuel Kent, for himself & Joseph Levet both fe^^^rds'of the 
of Suffield; Shewing that they were employed by John Stoddard council. 
Esq"" by direction of the Government to build a Meeting House and mI^ss.^^^'*^*^' 
School House at the Indian Town at Housatanuck River, and being ^^''t'^^^^^* 
necessitated to build a Saw Mill for that work. Coll Stoddard agreed ' " ' '' — ^ 

• • • Mass 

to reimburse them what they should lose in disposing of the Saw Archives, 
Mill after the work should be done ; That they have accordingly in Leg/siaUve 
the sale thereof lost the sum of £47. 17. 6 old Tenor, praying that Records of the 

,, X, • 1, 1 ' J. ./ o Council, xvii., 

they may be reimbursed. Mis., 444. 

■R p ., rl q n r1 House Jour- 

xveau ciiiu nal,pp.32,48. 

Ordered that the Prayer of the Pet" be granted and that the Pef® Province 

• Laws xii 332 

be and hereby are allowed to recieve the S*^ Sum of forty seven pounds chap.'iei.' ' 
Seventeen shillings and six pence Old tenor or other Bills Equiva- 
lent thereto out of the publick Treasury in full satisfaction for the 
services herein mentioned. [Passed June 21. 



CHAPTER 42. 

ORDER GRANTING THE PETITION OF GEO LEDAIN FOR STAY OF EXE- 
CUTION. 

A Petition of George Ledain of Boston, merchant, complaining Legislative 
of great injustice done to him, by one William Wingfield, who tho councir *** '^'^^ 

> The town was called Pelham. 



146 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 43, 44.] 



^7i"' M'l'st^"' ^^® ^'^^ considerably in debt to the Petitioner upon a just ballance 
Archives, xiii., of Accompts, has recovered a Judgement against him in an unfair 
^^^" manner; praying that the Execution thereon may be stop'd till the 

Petitioner can effectually prosecute his demands in the Law. 
Read together w"^ the Ans^ of W" Wingfeild & 



Mass. 

Archives, xlii., 
108-114. House 
Journal, pp.35, 
36, 52. 



Ordered that the Prayer of the Pet" be so far granted as that the 
Excon ag** the Pef be staid for the Space of three Months from this 
time, Provided he shall forthwith lodge with James Allen Esq"" a suffi- 
cient Sum to answer & pay the Execution afores*^ & Costs thereon, 
by him to be applied for the Paym* & discharge of the s*^ Ex", unless 
within the said Space of three Slonths the Pef or the Pef & the said 
Gedney Clark shall obtain Judgm' & Ex" ag'* the said Wingfeild for 
the same or a greater Sum than the Sum so lodged, to be returned 
to the Pef Or if the Pef or the Pef & the s*^ Gedney Clarke within 
the Term afores'' shall obtain Judgm*- & Execution against the s*^ 
Wingfeild for any less Sum, then so much only to be returned to 
the Pef as the Pef or the Pef & the said Gedney Clarke shall re- 
cover as afores*^ & the Remainder to be applied by the said Allen 
towards Paym* of the s'' Wingfeilds Execution ag^' the Pet^ {^Passed 
June 22. 



CHAPTER 43. 



Legislative 
Records of the 
Council, 
xvii. (3), 201, 
434. Mass. 
Archives, 
cxiv., 631. 

Mass. 
Archives, 
cxiv., 629. 
House Jour- 
n.al, p. 154 
(January, 
1741). 



ORDER REVIVING AND CONTINUING THE PETITION OF THEO. CURTIS 

AND OTHERS. 

A Petition of Theophilus Curtis & others of Stoughton praying 
to be set off to the Town of Bridgwater, 

Ordered that this Petition be revived ; iVnd there being a Prospect 
that the Petitioners will be accomodated with a sufficient way to the 
Town of Stoughton; 

Voted that the Petition be continued over to the next Fall Ses- 
sion. [Passed June 23. 



Legislative 

Records of the 

Council, 

xvii. (3), 435. 

Mass. 

Archives, 

xxxi.,374. 

Mass. 
Archives, 
xxxi., 372. 
Legislative 
Records of the 
Council, xvii., 
Mis., 442. 
House Jour- 
nal, p. 47. 
Ante.y p. 100, 
chap. 209. 



CHAPTER 44. 

ORDER IMPOWERING JOHN EPHRAIM, INDIAN, TO SELL LAND. 

On THE Petition of John Ephraim; [ante, p. 100, chap. 209] 

Read and 

Ordered that the Pef be Impowered with the advice and direc- 
tion of Cap*- Coolidge and M' Livermore to make sale of the thirty 
five Acres of his common lands, or other lands that lie distant from 
him, for the most they will sell for; the produce thereof to be applied 
to the Uses herein mentioned. [Passed Jicne 23. 



[1st Sess.] Province Laws {Resolves, etc.). — 1742-43. 147 



CHAPTER 45. ^S^'Jft.e 

Counoil, 
xvii. (3), 435. 
ORDER IMPOWERING MOSES & JOSHUA WABAN, INDIANS, TO SELL Mass. 

LAND. ArcMves._ 



On the Petition of Moses aud Joshua Wabaii, {^cinte, p. 100, Archives 
cliap. 210] i^Shi^e 

Read and Records of the 

Ordered that the Pef^ be Impowered with the advice and direc- M'is.°444.'''^"'' 
tion of Cap*^ Coolidge and M' Livermore to make sale of the twenty naTvf 47*"^' 
five Acres of Land herein mentioned for the most they will sell for, Ante, p. 100, 
the produce thereof to be applyed to the Uses herein Mentioned. ^^ *p-' 
\^Passed June 23. 



CHAPTER 46. 

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE PETITION OF 
TIM" SPRAGUE IN REGARD TO A MILL DAM. 

A Petition of Timothy Sprague of Maiden, Shewing that he Legislative 
has for many years past been in controversies in the law, respecting cofmcif *^* *^^ 
a Mill and Mill Dam at a place called Spot Pond, which he and his xvii. (3)', 436. 
Ancestors have been in possession of, for about an hundred years House Jour- 
past; that he is threatened by his adversaries to be sued for the province 
penalty of an Act lately pass'd, entitled An Act in Addition to An ^hT^e-'ur^' 
Act made to prevent the destruction of the Fish called Alewives i4o, liote. 
and other Fish ; And for as much as in reason and equity he ought 
not to be subjected to the penalty of the said Act; therefore Pray- 
ing that this Court would expressly except his Dam from the said 
Act. 

Read and 

Ordered that the Consideration of this Petition be refer'd to the 
next Session of this Court; and all proceedings with respect to the 
Petitioners Mill Dam within mentioned in consequence of the law 
made the last year, entitled An Act in Addition to An Act to pre- 
vent the destruction of Alewives, be suspended in the mean time. 
[Passed June 24. 



CHAPTER 47. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION 
OF JOHN STEEL, GUARDIAN, AND IMPOWERING HIM TO SELL LAND. 

A Petition of John Steel Guardian of Mary, John and Margaret ^^'^'f^K^ . 
Nelson, Infants and Heirs of Temple Nelson dec*^ eldest son of John councif,^ 
Nelson Esq""; praying that he may be impowered to join with the 43^"* iJa'st!*' 
rest of the Heirs of the said John Nelson in selling the said Infants Archives, 

part of an island called Long Island within the Harbour of Boston, "'^^'"'' — '- 

which will be greatly for the advantage of the said Infants. Archives, 

The Committee appointed to consider of the foregoing Petition Ll^isiftive 
have attended that service, and are of Opinion that the Petitioner Records of the 
be impowered in his capacity as Guardian to the Children of the MiB.°437.'^^""' 
within named deceased Temple Nelson to sell their two sevenths House Jour-^ 

^ nal, pp. 36, 57. 



148 



Province Laws (liesolves, etc.). — 1742-43. [Chap. 48.] 



Province 
Laws, ii., 151, 
chap. 10. 



of the Island within mentioned to such person as shall give most 
for the same, and to execute a Deed therefor in due form of Law 
accordingly; Provided that before such sale be made, he observe 
the direction of the Province Law made in the Sixth year of the 
Eeign of his late Majesty King George the first. Chap. 3'^ respect- 
ing Notifications; and that the Petitioners Wife Mary, late Widow 
of the said Temple have the Improvement of one full third part 
of the produce of the premisses during life, she giving bond to the 
Judge of Probate for the County of Suffolk, with sufficient Sureties, 
that the principal at her decease shall revert to the right Heirs of 
the said Temple, and the Remainder (after such debts as the per- 
sonal Estate of the said deceased will not satisfy are paid) to be dis- 
tributed among the said Deceaseds Children, agreable to the Law 
of the Province for the settlement of Intestate Estates, each Childs 
portion to be put on Interest upon security to be approved of by the 
said Judge, in such manner as shall be most for the Minors advan- 
tage; and the Principal, together with such Interest as shall then 
remain to be paid them as they respectively arrive at Age, or are 
married. 

Which is submitted 

Era: Foxcroft. By Order of the Com*^® 

Read and 

Ord&red That this Report be accepted and That the Prayer of 
the Petition be granted accordingly. [Passed June 25. 



CHAPTER 48. 

ORDER IMPOWERING JOHN & SUSANNAH HOUGHTON ADMINISTRATORS 
TO EXECUTE DEED OR DEEDS. 



Legislative 

Records of the 

Council, 

xvii.(3),440. 

Mass. 

Archives, 

xviii., 52. 

Mass. 
Archives, 
xviii., 51. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 445. 
House .Jour- 
nal, p. .56. 



A Petition of John Houghton and Susannah his Wife, Admin- 
ist" of the Estate of John Solindine late of Groton in the County 
of Middlesex dec'' Shewing that the said Solindine bargained with 
one James Paterson for certain Lands and Meadow, and having re- 
ceived the consideration money, lie gave his Bond for giving him a 
sufficient Deed for the said Land, but died before it was perfected ; 
and therefore Praying that this Court would impower the Petitioners 
to make the said Deed for conveying said land. 

Read and 

Ordered that the Prayer of the Pet" be granted And that John 
Houghton and Susannah his Wife in the capacity of Adm" to the 
within named John Solendine Dec'd be and hereby are Authorized 
And Impowered to make and execute a Sufficient Deed or Deeds of 
the Land lying in Groton to James Patterson or His Heirs Agreable 
to the Tenor of the Bond given by said Solendine to Said Patterson. 
\^Passed June 25. 



[1st Sess.] Province Laws (i?esoZye.s-, e('c.). — 1742-43. 149 



CHAPTEE 49. 

ORDER ALLOWING £48. 5 TO STE: RICHARDS. Legislative 

Records of toe 
, . ,^ Council, 

A Memorial of Opt. Stephen Richards, praying that this Court xvii. (3),44o. 
would consider a former Petition he prefer'd, and that they would Arciuves, 
grant him so much out of the j)ublick Treasury as may be proper Jxxu., 571. 
for his charge and trouble in raising and subsisting a Company of ^^^^-^gg 
Soldiers for the Spanish Expedition. ixxii., 559, 570. 

-nil Legislative 

Read and ReSords of the 

Ordered that this Pet" be revived and that the Sum of forty eight ^j'^^°^'^_''^"- 
pounds five shillings be allowed & paid to the Pef out of the pub- House Jour- 
lick Treasury in full satisfaction for his Charge and Expence herein "December, 
mentioned. {Passed June 25. (Aprii^i7^2) ; 

p. u. ' 

CHAPTER 50. 

ORDER GRANTING 100 ACRES OF LAND TO OL. HAYWARD ESQ«. 

A Petition of Oliver Hayward Esq' Shewing that he served his Legislative 
Countrey in the Expedition against Port Royal and suffered much counc*if,°**^^ 
therein, and that he was at considerable Trouble and Expence in xvii. (3)', 441. 
raising Soldiers for the Expedition against the Spaniards; praying Archives, 

for a proper Allowance from this Court for the same. ixxm., 629. 

Read & in Answer to this Petition Archives 

Ordered that there be granted to the Pef his Heirs & Assigns for ixxiii., 627. 
ever one hundred Acres of the unappropriated Lands of the prov- nai"pp.23,46. 
ince in full vSatisfaction for his Services in enlisting Soldiers for the 
Expedition ag^* the Spaniards, the petitioner to present a plan to this 
Court within twelve Months for Confirmation. {Passed June 25. 



CHAPTER 51. Kro7the 

Council, 
xvii C3^ 44"^ 
ORDER referring THE PETITION OF ISAAC ALLEN WITH STAY OF Mass. "' 

EXECUTION. Archives, 

xlii., 2. 



On THE Petition of Isaac Allen, {ante, p. 97, chap. 203] Archives 

Ordered that the Consideration of this Petition be further referr'd xiii.,i. ^ouse 
to the next Session and that the Execution within mention'd be also 57°"™«<ef p! 97) 
staid in the mean time. {Passed June 25. ^''^p- ^*^^" 



CHAPTER 52. 

ORDER IMPOWERING THE HAVERHILL PROPRIETORS TO BRING FOR- 
WARD A WRIT OF REVIEW. 

A Petition of Richard Hazzen in behalf of the Proprietors of S^g'siaw^e 

,-, _ . __ 1 • 1 1 /-( 1 • • a Records of the 

the common Lands 111 Haverhill, Complaining 01 wrong manage- Council, 

ment in the Trial of a cause between them and Benjamin Barker, ^gT^"- jfass^"^' 

and praying that they may be allowed to bring a new Writ of Re- -Archives, 

view of the said cause, and have an other Trial thereof at the next - — — — '■ 



150 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 53, 54.] 



Mass. 
Archives, 
oxiv., 721-728. 
House Jour- 
nal, pp.29, 30, 
52, 58. 



Superior Court for the County of Essex, and that execution may be 
staid in the mean time. 

The Committee to whom was refer'd the Petition of the Proprie- 
tors of the Common and undivided Lands in the Town of Haverhill 
and that part of Methuen which was formerly a part of the said 
Town of Haverhill, having taken the subject matter thereof into 
consideration, view'd the papers, and heard the parties thereon, are 
of Opinion, That the Prayer of the Petition be so far granted as 
that the Petitioners be enabled to bring forward a Writ of Eeview 
against Benjamin Barker, the adverse party, at the next Superior 
Court to be held at Salem for the County of Essex in November 
next, and that the Justices of the said Court be impowered and 
directed to hear and try the said cause by a Jury accordingly, who 
shall be directed to view the Lands in controversy, with the other 
Lands and Meadows adjoining, which may give light in the affair, 
for the benefit of either Party upon the Trial ; the Charge thereof 
to be born by the Petitioners; And all the Costs on the former 
Trials be paid as the Judgment of the Superior Court has already 
determined them. AH which is humbly submitted 

By Order of the Committee Jer: Moulton. 

Eead and 

Ordered that this Keport be accepted and That the Petitioner 
be and hereby is impowered to bring forward his writ of Review, 
and the Justices aforesaid to hear and try the Cause accordingly; 
and that Nathanael Averell Jun"" of Topsfield be the Surveyor, and 
Daniel Jaques and Thomas Savory of Bradford the Chain men for 
the Purpose withinmention'd, (being first Sworn to the faithful 
Discharge of the Trust) and That they take a Plan of the Lands 
in Controversy and those adjoining, describing the Same So far as 
is necessary to give Light in the Affair, the adverse Party Benj"" 
Barker being notified Seasonably. and that the Charge of the 

Survey be born by the Petitioner. \^Passed June 25.'^ 



CHAPTER 53 



VOTE ALLOWING £15 TO LIEUT JOHN LARRABEE. 



Legislative 
Records of the 
Council, 
xvii. (3), 443; 
ibid., xvii., 
Mis., 443. 

House Jour- 
nal, p. 59. 



Voted that there be allowed & granted to be paid out of the public 
Treasury to M' John Larrabe Lieu* of his Majestys Castle William 
fifteen pounds the last emission or bills equivalent thereto in con- 
sideration of his constant residence there & diligent & faithful dis- 
charge of his duty in his trust & the charge of entertaining strangers 
frequently resorting there. ^Passed June 26. 



CHAPTER 54. 



VOTE DIRECTING THE TREASURER TO DEFER HIS WARRANTS. 



Legislative 
Records of the 
Council, 
xvii. (3), 444. 
Mass. 

Archives, cii., 
259. 



Inasmuch as the affair of the Valuation can't be compleated at 
this time in order for a new apportioning the several Towns within 
this Province. 

Therefore 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is July 2. 



[1st Sess.] Province Laws [liesolves, etc). — 1742-43. 151 

Voted that the Treasurer be and hereby is directed to defer till House Jour- 
the Fall Session sending out his Warrants to the select Men of the ^'/(<e, "p. 53, 
several Towns for making and collecting the Taxes which by Law chapiL' ^^'^^^' 
are 'apportioned, and to be brought in this Year. [Passed June 28. 



CHAPTER 55. 

ORDER APPOINTING A COMMITTEE TO PROVIDE FOR THE INTERVIEW 
WITH Y^ EASTERN INDIANS. 

In the House of Rep^*^' Srds'of the 

Ordered that M'' Speaker M'' Bromfield Col Gooch M'' Hutchinson Council, 
W Prout M^ Wheelwright and M"" Eleazar Williams with such as the Mass.^^^ ' '^*' 
Hon'''® Board shall Joyn be a Comm'^'^ to prepare proper accomoda- '^''^.'3'^|^, 

tions and Provisions for the comfortable and Honourable reception 

and Entertainment of His Excellency and the Committee of both Rifords'of the 
Houses at the proposed Interview with the Indian Tribes at the xvii"(3)' 401 

Eastward. 421- House' 

T ri •! Journal, p. 58. 

In Council 
Read and Concurr'd and John Osborne, Ezekiel Lewis, John 
Jeffries, Daniel Russell and Sam" [Waldo] ' Esq""' are [joined] ' in 
the affair. [Passed June 28. 



CHAPTER 5Q. 

ORDER ALLOWING £50 TO RIC. HUBBARD. 



A Petition of Richard Hubbard, Door Keeper to this Court, Legislative 
setting forth the difficulties he is put to by reason of his Allow- couucif,*' 
ance for his service not being made till the end of the Year; and Mass^^^'*^''*' 
therefore praying that it may be made in the beginning of the Year Archives, cv., 

to be paid him Quarterly. — ^ 

Read and in Answer hereto Archives, cv., 

Ordered that the Sum of fifty pounds. (Bills to be Emitted in J!**- J^egisia- 
the Supply Bill now before this Court) be granted and allowed to of the Council, 
be paid out of the publick Treasury to the Pef Richard Hubbard House'^our^^' 
in full for his Service for one Year as Door Keeper to His Ex- °aJiP-59. 
cellency the Gov'' and this Court, ending the 19"^ day of Feb^ 
next. The said Suin to be paid him quarterly for the future. 

[Passed June 28. 

CHAPTER 57. 

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON CONCORD PET'* IN 
REGARD TO A NEW HIGHWAY. 

A Petition of the Town of Concord, complaining of irregular Legislative 
managements of some persons in obtaining an Order of General ^unc*lf, °* ^'^^ 
Sessions of the Peace for the County of Middlesex, for laying out xvii. (S)', 399. 
a High way from said Town, which is much to the general disad- Archives, 
vantage; praying that this Court would order it to be shut up. cxxi., -no. 

>■ MS. mutilated. Inserted from Legislative Records of the Council, xvii. (3), 444. 



152 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 58, 59.] 



Mass. 
Archives, 
cxxi., 207. 
Legislative 
Records of the 
Council, 
xvii. (3), 445. 
House Jour- 
nal, pp. 28, 58. 



Eead and though there has been no Collusion as suggested in the 
Pet" Yet 

Ordered that the whole affairs respecting the Eoad within men- 
tioned be again laid before the Court of Gen' Sessions of the Peace 
for the County of Middlesex at their next session if the Pef^ see 
meet so to do. And the s'^ Court are hereby Impowered and 

directed again to consider of the necessity and expediency of the 
s*^ Road, and to confirm of discontinue the same as they shall Judge 
proper. Inasmuch as it appears that sundry Towns that may 

be Affected by said Road, had not notice of laying out the same; 
or of the Comm''" Viewing and inquiring into the necesity and 
conveniency thereof. And that the s'' Pet's Notifye Chambers 

Russell Esq'' of this Order fourteen days at least before the sitting 
of said Court, And that all further proceedings respecting said 
Eoad be staid in the mean time, \_Passed June 28. 



CHAPTER 58 



Legialative 
Records of the 
Council, 
xvii, (3), 446. 

House Jour- 
nal, p. 61. 



VOTE APPOINTING PERSONS TO ENQUIRE INTO THE AFFAIRS OF GEO. 

READ, INDIAN. 

A Petition of George Read of Grafton, Indian Planter, Shew- 
ing that by his misfortunes he is considerably run into debt; and 
therefore praying that he may be impowered by this Court to sell 
Thirty Acres of his land in Grafton for paying off his debts. 

Eead and 

Voted that Cpt, John Jones and M"" Percival Hall be desired to 
inquire into the value of the Lands proposed to be sold, and the 
Petitioners debts, and how they were contracted, and report at the 
next Fall Session. \^Passed June 28. 



CHAPTER 59. 



Legislative 
Records of the 
Council, 
xvii. (3), 448. 
Mass. 
Archives, 
Ixxii., 614. 

House Jour- 
nal, p. 63. 
Ante, p. 110, 
chap. 233. 



VOTE REFERRING TO SALEM BATTERY. 

Whereas this Court on the lO"' day of April last Voted that 
His Excellency be desired to give Orders that within twelve Months 
there be Erected within the Town or Harbour of Salem a good and 
sufficient Breast Work and a Platform built, and Sixteen Guns eight 
pounders, or others equivalent Mounted, and all suitable warlike 
Stores procured; and that the Sum of three hundred pounds be 
granted and paid out of the publick Treasury to the Order of the 
said Town, they giving security to the Province Treasurer for the 
Erecting said AVorks, and procuring said Stores, and that the same 
shall be from time to time maintained, or on the failure, either of 
their performing said Works or maintaining them, the Money hereby 
granted to be repaid by said Town into the Province Treasury again. 
Which Vote has not yet been complyed with by said Town. There- 
fore On a Motion made and Seconded. 

Voted that tlie said Town of Salem be not Obliged to mount more 
than Ten Gunns, 8 pounders or others equivalent, and to perform 
the other Works and Dutys mentioned in said Vote in consideration 
of the Money thus granted to them. \_Passed June 29. 



[1st Sess.] Province Laws {Hesolves, etc.). — 1742-43. 153 



CHAPTER 60. 

ORDER FOR PAYING THE MEMBERS OF THE GREAT AND GENERAL 

COURT. 

Ordered that The Treasurer be directed and Impowered to Pay Legislative 
the Members of the Generall Court for their Travell and Attend- ^^^^^ct *"* ^^^ 
ance the Present Sessions out of the Surplusage for the £G,500 xvii.(3),449. 
Appropriation for Repairing forts and Garrisons &c', And that as Archives, 

Soon as the Comittee Shall have Struck off & Sign'd the Bills ^^^^'' ^°^" 

Ordered to be Emitted by the Present Supply, he Refund the £a'%vr?f iots 
Same out of the mony thereby Appropriated for those purposes chap.'ii;'iii., ' 
Respectively. [Passed June SO. HoSse^Jour- 

nal, p. 63. 



CHAPTER 61. «Xo7the 

Council, 

wii CS't 444 

ORDER ALLOWING £7. 10 TO MIDDLECOT COOK. Mass 

Archives, cv., 

187. 



On the Petition of Middlecot Cook, [ante, p. IIG, chap. 248] 
Read and in answer to this Pet" Archives, cv., 

Ordered that there be granted and allowed to be paid out of the Jf^^ itecords" 
publick Treasury to the Pef the Sum of Seven pounds ten shillings of the Council, 
or other Bills equivalent thereto, in full consideration of the services House Joilr- 
of the Dec^ within named. [Passed June SO. S^/<e%'. nef " 

chap. 248. 



CHAPTER 62. 

ORDER ACCEPTING THE ACCOUNT OF THE TRUSTEES OF THE HAS- 
SANAMISCO INDIANS. 

An Accompt presented by the Hon^'"^ Spencer Phips Esq' Edward Legislative 
Goddard Esq' and Ephraim Curtis Esq' Trustees for the Hassani- c^unclf, °* *^^ 
misco Indians, of their transactions for the year past. Mass^^^'*^*'" 

Read and Archives, 

Ordered that the within Accompt be allowed And that the Ac- ''^"'^'''"' ^'^"' 

comptants be discharged of the Sum of One hundred twenty two Archives, 
pounds and three pence the several Payments therein contained, xxxi., 406. 
and that they be further Accountable for the sum of one hundred nai, pp. 53,56. 
and Seven pounds seven Shillings and Six pence Old tenor, the ^hap. 36.^^^' 
Ball''^" in their hands, and for the further sum of four pounds three 
shillings and Nine pence Old tenor (Interest) due to the Minor 
Children of Moses Printer, [Passed June SO. 



CHAPTER 63. 

ORDER ALLOWING £8. 12 TO JAB. BRADBURY. 

A Memorial of Jabez Bradbury, Shewing that he served as Truck Legislative 
Master at Richmond Fort in the year 1732, for the space of ten councif,*' ^ 



154: Province Laws (7?esoZye.s,e^c.). — 1742-43. [Chap. (34.] 

xvii. (3), 450. weeks and six days, for which he has as yet no Allowance; praying 

Anvitives, that he may be allowed his Wages for that time, as likewise a con- 

cxix., 377. sideration for his being so long out of his money, and his Charges 

Mass. in attending the Court for obtaining it. 
cxix^^i'^i Read and in answer to this Memorial 

Refordfof the Ordered that there be granted and allowed to be p"^ out of the 

Council, xvii., publick Treasury to the Mem° the Suin of Eight pounds twelve 

Hou'se^Jour- shillings Lawful Money or Other Bills equivalent thereto in full 

nai, pp. 28,64. consideration of the services herein mentioned. [Passed Jtme 30. 



CHAPTER 64. 

VOTE REFERRING THE REPORT OF THE COMMITTEE AB^ ¥•« MANU- 
FACTORY SCHEME. 

Legislative Tk^ COMMITTEE to whom WaS refcr'd the LlSpection and Exam- 

Records of the . : „ 1 -,-v 1 T O TTr •,• !• il 1 J /-( 

Council, mation of the Books, Instruments & Writings oi the late Companies 

Mass.^^"*'^^^' commonly called the Silver and Manufactory Schemes, have accord- 
Archives, cii., ingly attended that service at several Meetings, and find the same 

rp to stand agreable to the several Accompts unto which this Report 

Arciiivee, cii., is annexed, viz* 

262. Legisla- 
tive Records of 
the Council, On the Accompts of the Manufactory Scheme, that there was issued to 

xvii.. Mis., 434. the several Directors and Partners £35,582 

House Jour- And unto sundry persons in a way of Trade 11,700. 2.10 

nal, p. 64. In the hands of the Directors never issued out 1,967.17. 2 

Ante, p. 120, 

chap. 2.')9. c,nn-r\ 

Infra, p. 155, . ±,-i9,ioU 

chap. 65. Of which sum there has been received in 

For Principal Money £23,256. 14. 1 

For Interest & Charges ■ . . 2,129. 17. 6 

In a way of trade 5,181. 0. 10 

• 30,567. 12. 5 

So that there is outstanding in the hands of the Directors and Partners, 

for Principal, In a way of Trade, and for Interest and Charges. . 18,682. 8.' 7 

Of the above sum of £30,567. 12. 5 that has been received in as above, 

there has been consumed to ashes, including the Bills never issued. £22,411. 16. 8 
Now in hands of the Directors, not consumed 8,155. 15. 9 



£30,567. 12. 



The Accompt of their Charges and Expences to the Twenty 
Second of September 1741 has been allowed by the Company, 
according to their own Report, saving £30 to each Director for 
signing Bills, as also Two Thirds of their Expences at Luke 
Yardys. It also appears by a Supplement Accompt there has 

been received from several Persons after the first Accompt was 
exhibited, £2,033. 3. 2 whereby the Ballance outstanding is Six- 
teen Thousand six hundred forty nine pounds, five shillings and 
five pence; and (as they say) is daily coming in. All which is 
humbly submitted 

By order of the Committee John Jeffries. 

The within Report was Read and Accepted and thereupon 
Voted that the Unreasonable delay of Severall of the Partners in 
the Scheem within Referred to in Neglecting to pay in their Quota 
of Bills with their Proportion of Charge & Loss, while Greater Num- 
bers have Complyed with their Duty in that Regard is very Unjust, 

» Sic. 



[1st Sess.J Province LiAws (Besolves, etc.). — 1742-43. 155 

But in as much as it is a matter of great Importance, and the present. 
Sessions is Near Concluding that Therefore the furtlier Considera- 
tion of this Report be Referred to the Next Fall Sessions That So 
further Measures may be persued if need be with Those who shall 
not Then have paid in, That So tlie Bills may the more Speedily 
be brought in and Consumed. [Passed June 30. 



CHAPTER Q5. 

VOTE REFERRING THE REPORT OF THE COMMITTEE ABOUT THE SIL- 
VER SCHEME. 

The Committee unto whom was refer'd the Inspection and Ex- Legislative 
amination of the Books, Instruments & Writings of the late Com- couucif ° 



panics commonly called the Manufactory and Silver Scheme, have ^i^i'gg^^^'*^^" 
attended that service at several Meetings, and find the state of the Archives, cii., 
Silver Scheme to stand according to the Accompt unto which this "" 



261. 



Report is annexed, viz*^ Archives, cii., 

260. Legisla- 

We find there has been issued out unto the several Directors and Partners. £120,000 (.j^g Council, 

Of which there has been received in 69,361. 12. 6 xvii., Mi8.,433. 

• House Jour- 

Remainine outstanding from Directors & Partners 50,638. 7. 6 nal, p. 64. 

Ante, p. 120, 

Of the above sum of £69,361. 12. 6 that has been received in, there has Swum^^p." 154 

been consumed to ashes 51,070 chap. 64.' ' 

Remaining in the hands of the Directors, not consumed to ashes. . . 18,291. 12. 6 

£69,361. 12. 6 

Of the accompt of charges for paper, graving, printing Bills, 
signing, and other expences has amounted to 2;^ per Cent, Ac- 
cordingly each person has been charged on the sum issued out to 
him ; and altho there is no supplement to the above Accompt, yet 
they are (as they say) daily paying in. All which is humbly sub- 
mitted. 

By Order of the Committee John Jeffries. 

The within Report was Read and Acepted and thereupon 
Voted that the Unreasonable delay of Severall of the Partners in 
the Scheem within Referred to in Neglecting to pay in their Quota 
of Bills with their Proportion of Charge & Loss while greater Num- 
bers have Complyed with their Duty in that Regard, is very Unjust 
but in as much as it is a Matter of great Importance and the present 
Sessions is Near Concluding That therefore the further Considera- 
tion of this Report be Referred to the Next Fall Sessions that So 
further Measuers may be pursued if need be with those who Shall 
not then have paid in that So the Bills may the More Speedily be 
brought in and Consumed. [Passed June 30. 



CHAPTER 66. 

ORDER ON THE TREAS^ GENERAL ACCOMPT FOR Y^' YEAR 1740. 

On THE General Accompt of William Foye Esq. Treasurer and ^|fo^'j\"Jf%he 
Receiver General of the Province, beginning May 29. 1740 and end- Council, 
ing May 27. 1741. ^^u.i^),^^. 



156 



Province Laavs {Besolves, etc.). — 1742-43. [Chaps. 67, 68.] 



Mass. 
Archives, 
cxxiv., 99-114. 
House Jour- 
nal, pp. 22, 49. 
Province 
Laws, ii., 1083, 
cliap. 12. 



Eead and 

Ordered that the within Accompt be allowed, and that the Ac- 
comptant William Foye Esq' Treasurer be and hereby is discharged 
of the sums of Seventy Thousand one hundred and seventy five 
Pounds, seventeen Shillings and five Pence, old Tenor, and Three 
Thousand and nine Pounds two shillings and five pence. Middle 
Tenor, being for sundry payments he has made to that Amount; 
And that he be further accomptable for the sums of Twenty Five 
thousand nine hundred and twenty one Pounds, two shillings and 
four pence Old Tenor, and Tliirty Six Thousand six hundred and 
sixty six Pounds eight shillings and six pence Middle Tenor out- 
standing for Taxes Loans &<^ when it shall be received in ; and also 
that he be further accountable for the sum of Seven Hundred and 
one Pounds, Old Tenor, and Twenty Six Thousand seven hundred 
and ninety one Pounds seven shillings and ten pence Middle Tenor 
Bills of Credit, and for the sum of Two Thousand seven hundred 
and seven pounds seven shillings and a peny in silver and gold (ac- 
cording to Act) all now remaining in his hands. [Passed June 30. 



Legislative 
Records of the 
Council, 
xvii. (3), 456. 

Ante, p. 86, 
chap. 173. 



CHAPTER 67. 

ORDER ABOUT THE REPORT OF THE COMMITTEE FOR INDIAN AFFAIRS 

REFERRED. 

Ordered that the Committee appointed the eighteenth of January 
last to consider the Indian Affairs (who were to have reported this 
Session) have leave to make their Report at the next Fall Session, 
and that they have like power as heretofore granted them.^ [Passed 
July 1. 



CHAPTER 68. 



ORDER ACCEPTING THE REPORT ON THE COMMITTEE ON THE PETITION 
OF HUGH HALL ESQ" & RACHEL SHUTE, AND IMPOWERING THEM AS 
EXECUTORS TO SELL LAND. 



Legislative 
Records of the 
Council, 
xvii. (3), 417, 
4.i6. Mass. 
Archives, 
xviii.,57. 

Mass. 
Archives, 
xviii., 43. 
Legislative 
Records of the 
Council, xvii., 
Mis., 4.36. 
House Jour- 
nal, pp. 46, 65. 



A Petition of Hugh Hall and Rachel Shute, Exors of the Tes- 
tament of Samuel Freeman dec*^ Shewing that there are consider- 
able Debts and Legacies still remaining to be paid, and no personal 
estate in the hands of the Executors; and therefore Praying that 
they may be impowered to sell the House and Land where the Peti- 
tioner Rachel dwells, for paying said Debts and Legacies. 

The Committee to whom was refer'd the Petition of Hugh Hall 
Esq' and Rachel Shute, Executors of the Testament of Samuel Free- 
man late of Boston dec** having considered thereon, report that the 
House mentioned in the said Petition is in a ruinous condition and 
wants great repairs, which the Petitioners suggest they can't make, 
having no estate of the deceaseds in their hands to do it with. The 
Committee therefore are humbly of Opinion that, for the advantage 
of the Legatees in said "Will mentioned, it will be best to make sale 
of said House and yard for the most they will fetch, and that the 
Petitioners be impowered to sell the same with the advice of a Com- 

" Not found in the House Journal. 



[1st Sess.] Province Laws {Resolves, etc.). — 1742-43. 15'i 

mittee of this Court to see justice done therein; the Petitioners first 
giving sufficient caution to the Judge of the Probate of Wills &° for 
the County of Suffolk that the money arising by said sale be applied 
and disposed of pursuant to the directions in said Will. This 

is humbly submitted 

In the Name and by Order of the Committee 

Anth" Stoddard. 
In Council 
Read and 

Ordered that this Report be accepted and that the Petitioners be 
and hereby are impowered to Sell the said Estate and dispose of the 
Produce thereof accordingly ; and John Jeffries and Anthony Stod- 
dard Esq", with Such as the honble House Shall join, be the Com- 
mittee to advise the Petitioners in the Sale of the Premises 
In the House of Rep""^** 
Read and Concur'd and M"" Hutchinson, M"" Bromfield and M' 
Prout are Joyned in the Affair. \_Passed July 1. 



CHAPTER 69. 

ORDER FOR DISPOSING OF GOODS AT SACO TRUCK HOUSE. 

Whereas it is represented that there is a considerable quantity Legislative 
of perishable Goods at the Truck-house on Saco-River, and others coun^f, xvii!f 
not vendible, which have been there for Some years past Therefore ^jfg^*^^- 

Ordered That the Officer for manageing the Truck trade be ATOhlves. 

directed to send for such Goods as are now at the Truck house "^^"'^•' ^^'^' 

on Saco River either perishable or not vendible w"^^ he shall judge Rlforlfof uie 
for the Interest of the Province to be returnd to Boston & that ^'^H'^cii. ^^ 
he dispose of the same to the best advantage.' [^Passed July 1."^ 



CHAPTER 70. 

VOTE SUBSTITUTING JOHN QUINCY FOR NATHi- HUBBARD ON THE Legislative 

HOUSATANUCK COMMITTEE. Records of the 

Council, 
xvii. (3), 457. 

Voted that John Quincy Esq'' be of the Committee on the Peti- ^rdjiygg^ 
tion of Josiah Philps & others of Upper Housatannuck in the room cxiv., tot. 
of Nath' Hubbard Esq'' who desires to be excused from that Ser- Ante,^.\m, 
vice.' \Passed July 2.^ c ap.- 

• Not found in the House Journal. 

2 This date is according to Mass. Archives and Legislative Records of the Council, 
xvii., Mis. ; according to Legislative Records of the Council, xvii. (3), the date is July 2. 

3 This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (3), the date is July 1. 



158 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 71-73.] 



CHAPTER 71. 



ORDER ALLOWING £150 TO W^ WHEELWRIGHT TO PURCHASE PROVI- 
SIONS FOR THE GOVERNORS EXPEDITION TO THE EASTWARD. 



Legislative 
Records of the 
Council, 
xvii. (3), 460. 
Mass. 
Archives, 
xxxi., 410. 

Legislative 
Records of the 
Council, 
xvii. (.S),421. 
House Jour- 
nal, p. 66. 
Ante, p. 151, 
chap. 55. 
Infra, chap. 72. 



Order''cl 

That there be & hereby is granted the Sum of One hundred & 
fifty pounds to be paid out of the Publick Treasury to M' John 
Wheelwright the said mony to be employd or so much thereof as 
shall be needful for the purchasing provisions & making suitable 
accommodation for his Excellency & the Gentlemen who attend 
him during their being at Falmouth or whilst ashoar at other the 
Eastern parts of the Province And the said M"" Wheelwright is 
added to the Committee to wait upon his Excell^ at the Interview 
& is directed to take care that such of the Stores as shall not be 
necessarily expended be preserv'd & returnd for the use of the 
Province. {^Passecl July 2. 



Legislative 
Records of the 
Council, xvii., 
Mis., 437. 
Mass. 
Archives, 
Ixiv., 195. 

Legislative 
Records of the 
Council, 
xvii. (3), 460. 
House Jour- 
nal, pp. 43, 67. 
Ante, p. 151, 
chap. 55. 
Stipra, chap. 
71. Infra, 
chap. 73. 



CHAPTER 72. 

ORDER ALLOWING £1,000 TO THE COMM'"^'^ FOR PROVIDING FOR THE 
GOV* AND COMPANY ON HIS EXPEDITION TO THE EASTWARD AND 
FOR PRESENTS TO THE INDIANS. 

Ordei-''d 

That the Coniittee appointed to make provision for the passage 
& accommodation of his Excellency & the Gentlemen who attend 
him to the propos'd Interview with the Eastern Indians be directed 
& impower'd to agree for & provide a suitable Vessel or Vessels for 
that purpose and also to purchase necessary provisions & stores not 
exceeding the value of Seven hundred & fifty pounds also to pur- 
chase & procure a suitable present not exceeding Two hundred & 
fifty pounds value to be deliver'd to the aforesaid Indians by his 
Excellency in the name of this Court, And the Sum of One Thou- 
sand pounds is hereby granted & allowd to be paid out of the Pub- 
lick Treasury to the said Committee for the purposes aforesaid. 
[Passed July 2. 



CHAPTER 73. 



VOTE REFERRING TO Y^ GOVERN''^ GUARD, ON HIS EXPEDITION EAST- 
WARD. 



Legislative 
Records of the 
Council, 
xvii. (3), 461. 
Mass. 
Archives, 
Ixxii., 617. 

House Jour- 
nal, p. 67. 
Supra, chap. 
72. 



ResoWd That his Excellency the Captain General be desird to 
give Orders for the enlisting a Company of Sixty good & effective 
men in the County of York to attend him as a Guard at the pro- 
pos'd Interview with the Indians their pay or establishment to be 
as follows viz : The Captain to receive after the rate of Three pounds 
ten shillings ^ month the Lieutenant Two pounds five shillings the 
Ensign Two pounds the Sergeants Thirty seven shillings & six pence 
the Corporals & Drummers Thirty five shillings & each private Ceu- 
tinel Thirty shillings |p month. [Passed July 2. 



[1st Sess.] Province \jX\\fi\Resolves, etc.). — 1742-43. 159 



CHAPTER 74. 

ORDER REFERRING THE PETf* OF W" PYNCHON ESQ^ TO THE COM- 
MITTEE OF THE £100,000 LOAN. 

■ A Petition of William Pynchon of Springfield, shewing that Legislative 
his father John Pynchon Esq'' with John Ashley Esq'' surviving councif,*' 
Commissioners of the £100,000 Loan for the County of Hamp- Ma"s!^^'*^^' 
shire, are sued to accompt for Arrerages; and forasmuch as his Archives, cv., 



said Fathers indisposition for many years past, has occasioned his 
neglect of this business; therefore Praying that the proceedings in Archives, cv., 
the law may be suspended, and that a Committee of this Court may jQ^^^nai ^j^'g-?® 
be appointed to make up Accompts with the said Commissioners and Province 
receive the Ballance due or security for it. cifap^ e"'' ^^*'' 

Read and chap' 66 *^' 

Ordered that this Pef^ be referd to the Comm^« on the £100,000 

Loan that they may Act in this AfEair for the best Literest of the 

Governm', [Passed Jnly 3.^ 



CHAPTER 75. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
CHA: JOSLYN FOR A NEW TRIAL OF AN ACTION. 

A Petition of Charles Joslyn of Dighton in the County of Bris- Legislative 
tol, Shewing that at the Superior Court of Judicature held at Bris- counc'if, ^* *''^ 
tol for said County in October last, one George Bliss upon a Writ xvii. (3)', 47o. 
of Review of a Cause originally commenced against him by the ^°,"^® '^?i"^(:q 
Petitioner and his Wife for recovering their Right in two acres of 76. ' 
Salt Marsh in Dighton aforesaid, obtained Judgement against the 
Petitioner; And forasmuch as divers material papers were wanting 
at the last Trial by reason of the sickness and absence of M"" Shove 
the Petitioners Attorney, therefore Praying for a new Trial and that 
Execution may be staid in the mean time. 

Read and 

Ordered that the further consideration of this petition be refer'd 
to the first Fryday of the next Sitting of this Court and that the 
Petitioner serve the adverse party with a Copy hereof, that he then 
shew cause if any he have, why the prayer thereof should not be 
granted, and that Execution of the Judgment therein mentioned 
be staid in the mean time. [Passed SejJtember 3. 



CHAPTER 76. 

ORDER ALLOWING THE CO. TREASURER OF SUFFOLK HIS ACC. 

An Accojipt presented by Samuel Adams Esq' Treasurer of the Legislative 
County of Suffolk for the year 1741; having been laid before the councif °* ^'^^ 
Court of General Sessions of the Peace for the said County, and xvii. (3)', 473. 

by them Allowed. House Jour- 

Read and nai.pp.10.39. 

' Adjourned to September 2. See Legislative Records of the Council, xvii. (3), 464. 



160 



Province Laws {Besolve.% etc.):— 1742-43. [Chaps. 77-79.] 



Ordered that the within Accompt be allowed (excepting an Over- 
charge in the order to Augnstns Hale in prejudice to the County ten 
shillings) and that the Treasurer be further accountable to the said 
County for Forty Seven Pounds eight shillings and nine pence, law- 
ful money. [Passed September 4. 



CHAPTER 77. 



Legislative 
Records of the 
Council, 
xvii. (3),47-2. 

Mass. 

Archives, vi., 
47. Legisla- 
tive Records of 
the Council, 
xvii., Mis., 452. 
House Jour- 
nal, p. 69. 
Ante, p. 77, 
chap. 147. 



VOTE FOR ADDITIONAL INSTRUCTIONS TO THE AGENTS. 

In the House of Eepresent"®^ 

Voted that the Committee appointed to prepare [proper] ^ Instruc- 
tions for the Agents on the Southern Boundaries now depending 
before the King and Council, be directed to prepare any Additional 
Instructions that may be necessary, and lay the same before the 
Court if sitting, transmit them to the said Agents as soon as pos- 
sible, and make report of their proceedings in the iVfl'air at the next 
Sitting of the Court. 

In Council ; Eead and Concur'd and that Naty Hubbard Esq"" be 
added to the Committee. 

[In the House of Eep^*^® 

Read and Concur'd.] ' [Passed September 7.^ 



CHAPTER 78. 



Legislative 
Records of the 
Council, 
xvii. (3), 474. 

House .Jour- 
nal, p. 74. 



ORDER IMPOWERING THO* PEGAN, INDIAN, TO EXCHANGE LAND. 

A Petition of Thomas Pegan of Natick, Indian, Praying lib- 
erty from this Court to exchange Eigliteen Acres of Land with 
Stephen Bacon, for the like quantity of his land, lying in Natick, 
and which is much more convenient as to situation and soil for the 
Petitioner than his own land, the Overplus in Value of either side, 
to be paid in money, as a Committee of this Court shall think just 
and reasonable. 

In the House of Represent'"'^; Read and 

Ordered that the prayer of the Petition be granted, and that M'' 
Livermore and Major White, with such as the Hon^'^*^ Board shall 
join, be a Committee to see justice done to the Petitioner in Ex- 
change of the land herein mentioned. 

In Council; Read and Concur'd and John Quincy Esq' is joined 
in the affair. [Passed 8ep)tember 7. 



CHAPTER 79. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
SARAH DOLBEAR TO REENTER AN ACTION. 

Recordfof the -^ PETITION of Sarah Dolbcar, Executrix of the last Will and 
Council, Testament of John Dolbear late of Boston, brazier, dec*^ Shewing 

^^"•^^^'*^^- that at the last Inferior Court held at Concord for the County of 

" Supplied from Mass. Archives, vi., 47. 

» This date is according to Mass. Archives; according to Legislative Records of the 
Council, xvii. (.3), the date is September 4, and ibid., xvii., Mis., September 9. 



[1st Sess.] Province Laws {Resolves, etc.). — 1742-43. 161 

Middlesex, an Action was prosecuted against her as Executrix &° ^""^^'J?,'^; 



by James Gibson of Newton, and Judgment recovered against the 
Estate of her Testator, altho she knew nothing of the said Action 
nor any Writ or Summons served on her; and therefore Praying 
that she may reenter the said Action at the next Inferior Court for 
said County, and Execution be staid in the mean time. 

Read and 

Ordered that the Petitioner serve the adverse party James Gibson 
with a Copy of this Petition, that so he may shew cause if any he 
have, on the first Fryday of the next Sitting of this Court, why the 
Prayer thereof should not be granted; and the Execution within 
mentioned is stayed in tlie mean time. \^Passed Septemler 7. 



nal,pp.74,75. 



CHAPTEE 80. 

ORDER IMPOWERING JA^ PAUGENOT, INDIAN, TO SELL LAND. 

A Petition of James Paugenot, Indian, Shewing that he was in- Legislative 
dieted at the Assizes for the County of Middlesex for the murther couScH^ °* ^'^^ 
of his infant Chikl, that he has been tried and acquitted, and is now xvii. (3)', 477. 
under imprisonment for the charges, amounting to about Twenty Archives, 
Pounds; praying that he may be allowed to sell five Acres of land xxxi., 425. 
he has at Natick, that so he may pay the said charges with the prod- ^j^^^f ^l^^' 
uce thereof. 

In the House of Rep"''^ 

Read and 

Ordered that the Prayer of the Pet° be granted and that MaJ"" 
White with such as the Hon''''' Board shall Joyn be and hereby are 
Impowered to make sale of the land therein mentioned, the produce 
thereof to be applyed towards the payment of the Charges of the 
Pef at and since his tryal. 
In Council 

Read and Concurr'd & John Quincy Esq' is join'd in the Affair. 
[^Passed September 8. 



CHAPTER 81. 

ORDER AUTHORIZING REPAIRS TO THE LIGHT HOUSE BOAT. 

A Memorial of Robert Ball, Keeper of the Light House, shew- Legislative 
ing that the sails and Rigging of the Lighthouse Boat are old, and councif,*^**^^ 
too much worn for the winters service, and therefore Praying for a ^^"- (3)', 478. 
new set of Sails and Rigging. Archives, 

Read and i^'^- ^^'- 

Ordered that the Prayer of the within Pet" be granted And that ^fc^ives 
the Comm'^® appointed to take care of the repairs at the Light House ixiv., i96.' 
be directed to provide Sails and rigging accordingly.' \^Passed Sep- Rlfords^of the 

ipmhpf Q Council, xvii., 

lemoer ij. Mis., 452. 

1 Not found in the House Journal. 



162 



Province Laws {Resolves, etc. ) . — 174-2-43. [Chaps. 82, 83.] 



CHAPTER 82. 



ORDER GRANTING ABIG; 



WEBB A PORTION OF HER DECEASED HUS- 
BANDS ESTATE. 



Legislative 
Records of tlie 
Council, 
xvii. (3), 479. 
Mass. 
Archives, 
xviii., 68. 

Legislative 
Records of the 
Council, xvii., 
Mis., 455. 
House Jour- 
nal, p. 78. 
Province 
Laws, xii., 661, 
chap. 200. 



A Petition of Abigail "Webb, Widow and Administ^ of Samuel 
AYebb late of Charlestown in the Connty of Middlesex, shewing 
that by an Order of this Court in March 1739 she was impowered 
to sell the real Estate of the deceased for paying his debts, but by 
mistake it was Ordered that the debts be first paid and then her 
Dower set oif, whereas her Dower ought by law to be taken out of 
the whole Eeal Estate; praying that this Court would now rectify 
said mistake and order her full Dower. 

Read and 

Ordered That the Prayer of the Petition be granted, and that the 
Petitioner have the Improvement of one third part of the whole of 
the produce of the Premises, during her natural Life, accordingly; 
She giving bond in manner as is provided by the Order within re- 
ferred to. \^Passed Sejjt ember 9. . 



CHAPTEK 83. 



Legislative 
Records of the 
Council, 
xvii. (3), 479. 
Mass. 

Archives, cxv., 
379. 

House Jour- 
nal, pp. 19, 22, 
78. Ante, 
p. 132, chap. 9. 



ORDER REFERRING THE REPORT OF THE COMMITTEE ABOUT BERWICK 
MEETING HOUSE, WITH STAY OF PROCEEDINGS. 

In Obedience to the Order of the General Court of the fourth 
of June 1742, AYe the Committee to whom was Referred the Peti- 
tion of Several of the Inhabitants of the Town of Berwick Relat- 
ing to their Meeting house having Repaired to the said Town and 
Viewed the Several parts thereof & the Situation of the Inhabitants 
& heard all the parties therein Concerned, Agree Humbly to Report 
1. That the Old Meeting house now standing being in the place 
where the Publick AYorshijD of God has hitherto been performed in 
said Town & so Conveniently Situated as that the Ancient Setlers 
& Inhabitants who Built & kept it in Time of AYar and Dificulty 
ought Still to keep it since if they Shou*^ but go but One mile & 
half to North of the said Meeting house are Sufficient of themselves 
for a parish AYe therefore Judge it Unreasonable that the same shou*^ 
be Demolished but that it Ought still to be maintained in the same 
place. 2. AYe find that since the last Indian AYarr the said Town 
hath made very Considerable Improvements with great Pains & 
Industry & Settled so farr towards the Upper End of the Town 
in the Several parts & Roads thereof that AYe apprehend the said 
Town may in Time be Seperated into Two parishes But at present 
AYe are Humbly of Opinion its best to Continue in One Body, and 
if the Inhabitants shall agree so to do & keep together & the Lower 
part of the Town do as they have and still Offer to do, that is to 
Assist the upper part in Building a Meeting house & Supporting a 
Minister to Accomodate the New Settlements or Upper End of the 
Town we think and Judge their Offer to be very Reasonable And 
inasmuch as the Now Meeting house will not hold all the Inhabi- 
tants of said Town & Since Some of the upper part of the Inhabi- 
tants thereof Travil a great AY ay to meeting as has been Represented 



[1st Sess.] Province Laws {Resolves, etc.). — 1742-43. 163 

in the Petition We are Humbly of Opinion that their be another 
Meeting house Built in said Upper part of the Town where it will 
best accomodate the Inhabitants of the said Upper part of the Town 
so that it be above Capt Chadbourns in a Convenient place where 
they shall agree, Wherefore upon the whole We humbly Conceive 
it will be much for the future peace & well being of the Town that 
the said Town be Directed to keep the Now Meeting house in Repair 
& Build a New One where it will best accomodate the Inhabitants 
above Capt Humphry Chadbourns in the Spot where they shall 
agree All which is Humbly Submitted 

By Order of the Committee Jer Moulton 

Eead & 

Ordered that the Consideration of this Report be referred to the 
next session; and that all proceedings relating to the Building a 
Meeting house be further Suspended till that Time. [^Passed Sep- 
tember 5.' 



CHAPTEK 84. »r»the 

Council, 
xvil. (3), 482. 
ORDER ALLOWING £100 TO REV* EDWARD HOLYOKE PRESIDENT OF Mass. 

HARVARD COLLEGE. {^fc^^jes, 

Voted that one hundred pounds Bills of the last Emission be Refordfof the 
granted out of the publick Treasury to the Rev*^ Edward Holyoke ^i*?^.^^^^.''''"- 
President of Harvard College as one half Year's Allowance ending House Jour- 
this Month. [^Passed September 10.'^ na,p. i . 



CHAPTER 85. 

ORDER APPROPRIATING £400 FOR PAYMENT OF DEBTS. Legislative 

Records of the 
j-\ 1 1 <-i (» i» T • • Council, xvii.. 

Ordered that the Sum of 400£. part of the 5,000£ appropriation, mis., 453. 
in Bills emitted by the Act for Supplying the Treasury in the Year Archives, 
1741. be appropriated towards the payment of Such Debts as are ixxn., 62i. 
owing from this Province to any Person or persons who have Serv*^ R*^^*rd**'^f th 
or Sliall hereafter Serve them by order of this Court in Such Mat- Council, 
ters & things where there is no Establishment nor any certain Sum HT)u8e^Jo*ur- 
agsigned for Such Services, said Sum to be made Good out of the ?,^'' ??• '^'' '^^• 
next Supply of the Treasury that Shall pass this Court. [^Passed Laws.ii., lors, 
September 10. ''^^p- "• 



CHAPTER 86. 

VOTE ALLOWING £700 FOR REPAIRS OF FORTS AND TRUCKHOUSES. 

Voted that the Sum of Seven hundred pounds in Bills emitted R|f^^j.ds"of the 
by the Act for Supply of the Treasury in the year 1741 be & hereby Council, xvu., 
is granted to his most Excellent Majesty for the effecting & com- Mass.*^' 

* On December 24, 1742-43, it was " Ordered that this Report be Accepted." — Mass. 
Archives, cxv., 380; also Legislative Records of the Council, xvii. (3), 572. 

- This date is according to Mass. Archives and Legislative Records of the Council, 
xvii. (3) ; according to Legislative Records of the Council, xvii., Mis., the date is Sep- 
tember 20. 



1(54 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 87, 88.] 



Archives, 
Ixxii., 619. 

Legislative 
Records of the 
Council, 
xvii. (3), 483. 
House Jour- 
nal, p. 77. 
Province 
Laws, ii., 1077, 
chap. 11; ibid., 
xii., 699, chap. 
74. Ante, 
p. 118, chap. 
241. 



pleating the repairs of the Eorts & Truck houses hereafter men- 
tioned in the Eastern parts of the Province viz. Three hundred 
pounds part of s'^ Sum to be apply'd to compleating the works at 
Fort Frederick at Pemaqnid Three hundred pounds other part of 
said Slim to be apply'd to compleating the Truckhouses & pnblick 
buildings at S^ Georges & One hundred pounds the remaining part 
of said Sum to be applyd to the repairing the Truck house & Bridges 
at Saco; the several Sums aforesaid am° in the whole to Seven hun- 
dred pounds to be taken out of the appropriation of Five thousand 
pounds in the aforesaid Act of Supply, the said appropriation to be 
made good by the next Act for Supply of the Treasury that shall 
pass this Court. \^Passed September 10. 



CHAPTER 87. 

ORDER REFERRING THE PETITION OF THE FIRST PARISH IN GLOCES- 
TER IN REGARD TO THE MINISTRY. 



Legislative 
Records of the 
Council, 
xvii. (3), 471, 
483. Mass. 
Archives, 
ccxliii., 65. 

Mass. 
Archives, 
ccxliii., 64. 
House Jour- 
nal, pp. 70, 80. 
Ante, p. 21, 
chap. 20. 



A Petition of a Committee for the first Precinct in Gloucester; 
shewing that notwithstanding the said Precinct hath, as far as could 
be for the time complyed with the Order of this Court on the peti- 
tion of Nathaniel Coit and others, who had separated from them; 
yet because the said Precinct have not actually settled a Minister 
to assist their Pastor, the said Petitioners have made great disturb- 
ance among them, and have called a Meeting to chuse Parish Offi- 
cers, as tho they were lawfully constituted a Precinct; and therefore 
Praying that such further measures may be taken by this Court as 
to render the Order above refer 'd to, effectual. 

Read and 

Ordered that the Consideration of this Petition be referr'd to the 
next Sitting of this Court, and that the Parties in the mean time, 
govern themselves by the former Order. \_Passed September 10. 



CHAPTER 88. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JOS. WHITE ESQB TO SET ASIDE A RULE OF COURT. 



Legislative 
Records of the 
Council, 
xvii. (3), 483. 

House Jour- 
nal, p. 78. 



A Petition of Joseph White of Boston in the County of Suffolk 
Escf shewing that in an Action depending in the Superior Court for 
the said County between the Petitioner and Nathaniel White of Wey- 
mouth, the Parties enter'd into a Rule of Court to refer the affair 
to three Persons then appointed, that the Referrees met upon a day 
when the Petitioners Wife lay at tlie point of Death, and he think- 
ing the business would then be put off to a further day, did not 
attend ; notwithstanding which the Referrees proceeded to hear one 
party, and to determine thereon, without ever hearing the Peti- 
tioner, and the Court made up Judgment accordingly; and there- 
fore Praying that the said Report and Judgment may be set aside, 
and execution staid, and that the Rule of Court may be entered 
into anew, or that the Petitioner may otherwise be relieved as this 
Court shall think fit. 



[1st Sess.] Province Laws {Resolves, etc.). — 1742-43. 165 

Read, and 

Ordered that the Petitioner serve the adverse party the said 
Nathaniel White with a Copy of this Petition tliat he shew cause, 
if any he hath, on the fii'st Fryday of the next sitting of this Court, 
why the prayer thereof should not be granted, and execution within 
mentioned is staid in the mean time. \^Passed September 10. 



CHAPTER 89. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
WM NICHOLS FOR REVIEW OF AN ACTION. 

A Petition of William Nichols Under Sheriff of the County of Legislative 
Suffolk, Shewing that John Noyce Esq'' at the Superior Court for councif,° 
Middlesex in July last obtained Judgment against the Petitioner Mass^^^'*^*' 
for not returning an Execution against Samuel Hood of Boston, Archives, xui., 

tho he had in fact returned it, that after Judgement the Petitioners -^ 

Attorney neglected to give Bond to review the said Action, the Peti- Archives, xiii., 

tioner being hindered of attending said Court by the business of his jo^im^fHf^go 

Office; and therefore praying that he may be allowed to review the 

said Action at the next Superior Court for said County and to give 

Bond accordingly, and that Execution may be stayed in the mean 

time. 

Read and 

Ordered that the Pef serve the Adverse Paty the s*^ John Noyce 
with a Copy of this Pet" that He shew cause if any he hath on the 
first fryday of the next session of this Court why the prayer thereof 
should not be granted And Execution herein mentioned is stayed in 
the mean time.' \^Passed Septemlier 10. 



CHAPTER 90. 

ORDER GRANTING A LOAN OF £125 TO ISAAC PARKER. 

A Petition of Isaac Parker of Charlestown, Potter, Shewing Legislative 
that he has with great expence learned the art of making Stone conncif °'*^^ 
Ware, which may be much for the benefit of the Province; but as xvu. (3)', 485. 
he has not a stock to carry on the said trade ; therefore Praying that Archives, iix., 

this Court would lend him One hundred and twenty five pounds in ^^ 

Bills of the new Emission, without Interest, for carrying on the ^^^chives iix 
said business, he giving good security for paying in the money at 33-2. Legisia-' 
the time assigned, and that the Petitioner may have the sole privi- tiuf council,*''' 
lege of the said manufacture. House^Jour-^" 

Read and in answer hereto nai, pp. 74, 79, 

Ordered that the Pef be allowed to recieve out of the Appropria- Law8i^u7,Toi4, 
tion for Premiums now in the Province Treasury for his Encourag- ebap. 2. 
ment in making Stone Ware the Sum of One hundred twenty five 
pounds, he giving land Security to the Value of two hundred pounds 
for the payment of three hundred Seventy five Ounces of Silver into 
the said Treasury in Lieu thereof with Lawful Interest for the same 

> At the hearing November 23, 1742, this petition was dismissed. — Legislative Records 
of the Council, xvii. (3) , 498 ; House Journal, p. 88. 



166 



Province Laws {Resolves, etc. ) . — 1742-43. [Chap. 91.] 



at or before the last day of December 1746 Provided Nevertheless 
that if the Money be Improved to the purposes afores*^ No Interest 
shall be taken. Provided also that if he pay in the Bills Avithin 

the time limited therefor, they shall be recieved in full discharge 
of his Mortgage instead of the Silver. Provided further that 

the repayment of the whole Sum be made within one Year from 
this time in case the Pef does not proceed in the work afores*^ The 
Security to be to the satisfaction of the Treasurer. [^Passed Sep- 
tember 10. 



CHAPTEK 91. 



ORDER IMPOWERING EBEN» HOW TO ENTER A NEW TRIAL OF AN 

ACTION. 



Legislative 
Records of the 
Council, 
xvii. (3), 465. 



Archives, xlii., 
117. 

Mass. 

Archives, xlii., 
115. Legisla- 
tive Records of 
the Council, 
xvii. (3), 486. 
House Jour- 
nal, pp. 69, 80. 
Ante, p. 59, 
chap. 109. 



A Petition of Ebenezer How of Brookfield, shewing that he 
appealed from a sentence of William Jennison Esq'' dec'' (then a 
Justice of the Peace for the County of Worcester) on a complaint 
of James Smith of Leicester for the Petitioners forcibly and thiev- 
ishly taking from him a Note of hand for £85 to the Court of Gen- 
eral Sessions of the Peace for the said County; that the said Court, 
held in August 1741, gave Judgement against the Petitioner; from 
which he appealed to the next Superior Court, and recognized; 
but his Attorney, being taken sick, failed of filing Eeasons of Ap- 
peal: Therefore praying tliat he may have a Trial at the next 
Superior Court. 

Eead & it appearing that the adverse Party James Smith has been 
served with a Copy of this Petition, & no Answer being given in 

Ordered that the Prayer of the Petition be granted. And his Maj- 
esty's Justices of the Sup'' Court of Jud'' Court of Assize & Gen' Goal 
Delivery are hereby impowered at their next session to be holden at 
Worcester within & for the County of Worcester on the 3'' Tuesday 
of this Instant sep''to hear & try the Cause within mentioned, enter 
up Judgm* and award Execution thereon, the s'' Default notwith- 
standing. Provided the Pef serve the said James Smith with a Copy 
of this Order seven days at least before the Sitting of said Court. 
\_Passed September 10. 



[2d Sess.] Province Laws {liesolves, etc.). — 1742-43. 167 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session began and held at Boston, 
ON the Eighteenth Day of November, A.D. 1742. 



CHAPTER 92. 

ORDER CONFIRMING A PLAT OF A NEW TOWN GRANTED TO FRAMING- 
HAM INHABITANTS. 

A Plat of land of six miles square and three hundred Acres laid Rgf^rds^of ^he 
out by John Jones Esq"" and James Huston Survey''^ and Chain men council, 
on Oath, to fulfill a grant to the Inhabitants of Framingham for a Sapsand^*' 
Township, made by. the General Court in the year 1741, being in Plans, Mis., 

the County of Hampshire, bordering Southerly on the Boston Town- " ' 

ship taken up by Coll. Wendell. pians, Mis., 

"Rpqrl anrl xili., 1. Legis- 

JXeaa anu lative Records 

Orf/erefZ that the within Plat be accepted and the lands herein of thec^onncn, 
delineated and described be and hereby are confirmed to Caleb ^nVeip.ss, 
Bridge and Others as Entred Jan^^ 14'^^ last provided ' the Plat ^^ap. les. 
exceeds not the Quantity of the Grant and does not interfere with 
any former Grant. And for the more effectual bringing forward the 
Settlement of the said Town.^ 

Ordered that there be Seventy nine equal Shares, The House Lotts 
to be laid out in a Suitable and defensible manner One of said Shares 
to be for the first settled Minister One for the Ministry and One for 
the School That there be Sixty familys Settled on Sixty of the other 
Shares or Home Lotts w[i]thin three Years from the confirmation 
of this Plan, who shall each have a house built thereon of Eighteen 
feet Square at the least and seven feet Stud, And Six Acres of Land 
part thereof ploughed or brought to English Grass and Fenced, and 
build and finish a convenient Meeting House for the publick Wor- 
ship of God : and Settle a Learned and Orthodox Minister. That said 
Sixty Settlers give bond to the Treasurer of this Province in the Sum 
of twenty five pounds each for complying with the Terms of the Grant 
And if any of the said Settlers fail of performing their Conditions 
of Settlement af ores'* then his or their Eight Share or Interest in 
said Town to revert to and be at the disposition of the Province, 
and the Province Treasurer shall Immediately Sue out their Bonds.* 
[Passed Xovemher 19.* 

' The word "provided" is underlined in the MS. 

' The town was called Lanesboro. 

' Not found in the House Journal. 

* This date is according to Maps and Plans and Legislative Records of the Council, 
xvii., Mis. ; according to Legislative Records of the Council, xvii. (3), the date is Novem- 
ber 20. 



168 



Province Laws (^Resolves, etc.). — 1742-43. [Chaps. 93, 94.] 



CHAPTEE 93. 



ORDER ON THE PETITION OF Y" INHABITANTS OF THE SOUTH WEST 
PART OF LANCASTER GRANT TO BE ERECTED INTO A PRECINCT. 



Legislative 
Records of the 
Council, 
xvii. (3), 496. 

House Jour- 
nal, p. 85. 



A Petition of the Inhabitants of the South West part of Lan- 
caster new Grant, setting forth their difficulties for want of being 
made a separate Precinct, and praying that they may be set oil 
according to the Bounds particularly set forth in the Petition, 
which is Voted by the said Town. 

Eead, and in answer to the within Petition 

Ordered that the South Westerly part of the Additional Grant 
and the Mile, so called, in the Town of Lancaster with the In- 
habitants thereon, be and hereby are set off a distinct and separate 
Precinct, and vested with the powers and privileges which other 
Precincts do or by law ought to enjoy, according to the following 
Bounds viz* To begin at the South East Corner of Lancaster and 
from thence to run a line East 21 Deg. South one hundred and 
sixty Perch, and from thence to run South 8 Deg. West two miles 
and an half and twenty Perch, which distance will be due West 
from Jonas Fairbanks's House; and from thence to run South 18 
Deg West to a certain place called the Foot of the Scar on the West 
side of Nashaway Eiver below the Widow Sawyers Mill, over against 
where her internal fence comes to said Eiver; and from thence a 
strait line to the Town Line, running East of the Cart Bridge over 
the Mill Pond and also East of Simon Stones House a few rods, and 
to include all the additional Grant lying South Westerly of Leomin- 
ster; always Provided that the Inhabitants dwelling on the Land 
above mentioned be subject to pay their just parts and proportions 
of all Ministerial Eates and Taxes in said Town of Lancaster already 
granted as aforesaid. \^Passed Novemher 23. 



CHAPTER 94. 



ORDER IMPOWERING MARY JOHNSON TO SELL REAL ESTATE. 



Legislative 

Records of the 

Council, 

xvii. (3), 498. 

Mass. 

Archives, 

xviii.,63. 

Mass. 
Archives, 
xviii., 61. 
Legislative 
Records of the 
Council, xvii., 
Mis., 456. 
House Jour- 
nal, p. 87. 



A Petition of Mary Johnson of Southboro Shewing that being 
advanced in years and not being so able as formerly to make a live- 
lihood for her self off of the little estate belonging to her late hus- 
band dec^' which was set out to her as her Dower, she has the consent 
of her children that the same should be sold for her maintenance, 
but for as much as one of her sons is dead and has left children in 
their minority (whose Mother consents to the sale of the said Estate) 
Therefore praying that this Court would enable her to sell the said 
Estate, consisting of a Dwelling House and two pieces of land in 
Southboro for her more comfortable support. 

In Answer to the within Petition 

Ordered that the Prayer thereof be So far Granted as that The 
Petitioner Mary Johnson with the Advice of M"" Samuell Lyscom 
be and hereby is fully Authorized & Impowered to make Sale of 
the House and Two peices of land within Mentioned for the most 
the Same will fetch and that the Interest of the mony ariseing by 
such Sale be Apply'd for the More Comfortable Support of the Said 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 169 

Mary Dnreing her Natura.ll life, She Attending the directions of y® 
Law In Notifying tlie Sale thereof and giving Caution to the Judge 
of the Probate of Wills t&c'" for the County of Worcester for the 
Principall Sum w'^'' at her Decease is to be distributed pursuant to 
Law. \^Passed November 23. 



CHAPTEK 95. 

VOTE DIRECTING THE SECRETARY TO ENTER PUBLIC LETTERS AND 
THE ACCOUNTS OF AGENTS, IN A BOOK. 

Voted that the Secretary be directed to enter in a Book the pub- M:as8. 
lick Letters to and from the Agents &c also the publick Accounts ixxxviu.,' 397. 
that hereafter may be sent by the Agents, at the charge of the Prov- House Jour- 
ince. \^Passed November 24. nai,p-89. 



CHAPTER 96. S'r.'.V 

Council, 
xvli. (3), 504. 
VOTE ALLOWING £20 TO M« ROWL» COTTON. Mass. 

Archives, xx., 
333. 

Voted that the Sum of twenty pounds be granted and paid out 



of the publick Treasury to M'' Roland Cotton for his Service, as nai,p.92. 
Clerk to His Excellency the Governour and Council in the late chap. 72!^^' 
Interview Eastward. [Passed November 26. 



CHAPTER 97. 



VOTE ALLOWING £7. 10 TO SAMi- WELLS ESQ". Legislative 

Records of the 
Council, 

Voted that the sum of Seven Pounds ten shillings be granted and -^v"- (3), sos. 
paid out of the Publick Treasury to Samuel Wells Esq' in consid- ^0"^^ Jour- 
eration of his extraordinary pains in and about the Instructions to ^«<e, p.j7, 
the Agents on the Southern Boundary &". [Passed November 26. ^^^^' ^^^' 



CHAPTER 98. 

ORDER OF NOTICE ON THE PET^ OF JOS. HALE & OTHERS OF BOX- 
FORD IN REGARD TO A MEETING HOUSE. 

A Petition of Joseph Hale and others in behalf of the Inhabi- Legislative 
tants of the Northerly part of the first Parish in Boxford, Shewing coundf,*' 
that altho the Inhabitants of said Parish in divers meetings had ^T^ss^'^^'^"^' 
Voted the place whereon to set their Meeting House, and a sum of Archives, xii., 
money for the building thereof, yet at a meeting called in a very 



irregular manner and held Septem: 17. 1742 the minor Part have Archives, xii., 
voted all the former Proceedings null and void, and liave altered ^^-249. House 
the place for the Meeting Houses standing, and have purchased and 



170 



Province Laws {Resolves, etc. ) . — 1742-43. [Chaps. 99, 100.] 



set up a frame in the said place ; and therefore Praying that this 
Court would interpose their Authority and order the removal of the 
said Frame to the place stated by the said Precinct, or otherwise 
relieve the Petitioners. 

Kead and 

Ordered that the Pef^ serve the Clerk of the first Parish in Box- 
ford with a copy of this Pet" that so the s*^ Parish shew cause if any 
they have on thirsday the O*^*^ of Dec'' next why the Prayer thereof 
should not be granted. \_Passed November 26. 



Legislative 
Records of ttie 
Council, 
xvii. (3) , 508. 
Mass. 
Archives, 
xlix., 165. 

Legislative 
Records of the 
Council, xvii.. 
Mis., 457. 
House Jour- 
nal, p. 91. 



CHAPTEK 99. 

VOTE ALLOWING £250 TO THE GOV FOR GOING EASTWARD. 

Voted that the Sum of two hundred and fifty pounds be granted 
and paid out of the publick Treasury to His Excellency William 
Shirley Esq"" for his trouble and extraordinary dispatch in the late 
Interview Eastward, as also in consideration of his kind disposition 
to promote the Interest of the Province. \^Passed November 26.'^ 



CHAPTEE 100 



Legislative 
Records of the 
Council, 
xvii. (3), 510. 
Mass. 
Archives, 
cxlv., 769. 

Mass. 
Archives, 
cxiv., 768. 
House Jour- 
nal, p. 92. 



ORDER ON THE GROTON NORTH WEST INHAB^ PETITION TO BE 
ERECTED INTO A SEPARATE PRECINCT. 

A Petition of Benjamin Swallow and others, Proprietors and 
Inhabitants of lands lying on the West side of Lancaster Eiver 
being the Northwest Corner of the Town of G-roton; shewing that 
they are very remote from the place of publick Worship ; praying 
that they may be set off and made a separate Precinct by such 
bounds as are particularly set forth in said Petition ; agreable to a 
Vote by the Inhabitants of said Town of Groton, pass'd in May 
last. 

In Answer to the within Petition 

Ordered that that Part of the Town of Groton Lying on the West- 
erly Side of Lancaster River within the following bounds viz*^ bound- 
ing Easterly on Said River Southerly on Townsend Road So called 
Westerly on Townsend line and Northerly on Dunstable West Pre- 
cinct with the Inhabitants Thereon be and hereby are Set off a dis- 
tinct and Seperate precinct and Vested with the powers & previledges 
which Other Precincts do or by Law onglit to enjoy always provided 
that the Inhabitants Dwelling on the lands abovementioned be sub- 
ject to pay their Just part and proportions of all ministeriall Rates 
and Taxes in the Town of Groton already Granted or Assessed. 
[Passed Nove?nber 26.^ 

> This date is according to Mass. Archives and Legislative Records of the Council, xvii.. 
Mis. ; according to Legislative Records of the Council, xvii. (3), the date is November 27. 

2 This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council, xvii. (3), the date is November 29. 



[2d Sess.] Province Laws (^Resolves^ etc.). — 1742-43. 171 

CHAPTER 101. 

ORDER ON GEO. AND ROB'^ HEWS PETIT'^ FOR STAY OF EXECUTIONS. 

A Petition of George and Robert Hews of Boston, tanners, com- Legislative 
plaining of many hardships they have suffered from the severe pros- coundf, °^ ^''^ 
editions of Nathaniel Cunningham of Boston merchant, and praying xvii. (3), 509. 
that all Executions on Judgments already obtained or that may be ^^^^,^:^gg ^,jj 
obtained in consequence of the Petitioners partnership with the said 153-106. iegis! 
Cunningham, may be staid, till the trials of two Actions of Review ouheCouncU^ 
at the next Superior Court, which will put a final issue to their xvu. (|)^.^s|'. * 

disputes. Journal, pp. 94, 

■D T T 102, 112, 116. 

iteaa ana _ Ante, p. 109, 

Ordered that the Petitioners serve the adverse party JSTathaniel chap. 229. 
Cunningham with a Copy of this Petition, that he shew cause if 
any he hath, on Fryday the third of December next, why the prayer 
thereof should not be granted ; and all the Executions mentioned 
are hereby stayed in the mean time ; Provided the Petitioners give 
M' Nath^ Cunningham sufiicient Security to satisfy the Executions 
on the Judgments recovered against them ' in case this Court should 
not think proper to grant the prayer of this Petition.'^ \_Passed 
November 29. 



CHAPTER 102. 

ORDER FOR ADJOURN« THE SUPERIOR COURT IN SUFFOLK COUNTY. 

Whereas His Majestys Superior Court of Judicature Court of R|fordfof the 
Assize & General Goal delivery for the County of Suffolk stands Council, 
adjourned by Order of the Justices of the said Court to Tuesday m!i"s.^^ 
the thirtieth Instant, then to meet at Boston, And whereas the xul^mb!' 
Justices of the said Court being engaged in Business of the Crown g^^gg jq^.. — 
lying before the said Court now held at Salem for the County of nai, pp. 95, %. 
Essex; have moved this Court that they would order a further 
Adjournm* 

Ordered that the Superior Court of Judicature Court of Assize 
& General Goal Delivery for the County of Suffolk be further ad- 
journed to Tuesday the seventh day of decern'' next at ten a Clock 
in the Fore-Noon, then to be held at Boston for the said County 
of Suffolk; 

And the Justices of the said Court and all others concerned 
are hereby directed to govern tliem selves accordingly. \^Passed 
November 29. 



CHAPTER 103. 

ORDER IMPOWERING SUSAN: HOLDEN TO EXECUTE DEEDS. 

A Petition of Susannali Holden Widow and Zacheus Hall Ad- ^fi'j.^|*^Jfthe 
ministrators of the Estate of James Holden late of Sutton in the Couucii, 

' In Legislative Records of the Council, xvii. (3), 510, "him." 

2 The required security was given to Cunningham. See House Journal, p. 116, Decem- 
ber 17, 1742. 



172 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 104-106.] 



xvii. (3),513. 
Mass. 
Archives, 
xviii., 98. 

Mass. 
Archives, 
xviii., 97. 
Legislative 
Records of the 
Council, xvii., 
Mis., 457. 
House Jour, 
nal, p. 95. 



County of Worcester dec*^ Shewing that the said James gave his 
bond in his life time to Benj" Townsend of Lancaster for £300 to 
give him a Deed of a certain Home Lot at Paquoig, that the said 
Townsend threatens to put the said Bond in suit; and therefore 
praying that the Petitioners may be impowered to execute a Deed 
for the said Home Lot as also a Deed to Abner Lee of the said 
James's meadow at Paquoig, which he sold to the said Abner and 
received Ten Pounds as the consideration money for it. 

In Answer To the witliin Petition 

Ordered that the Prayer Thereof be Granted and that the Peti- 
tioners be and hereby are fully Authorised and Impowered to Exe- 
cute Good & Sufficient Deds in y*^ Law for Conveying the lands and 
Meadows within Mentioned to the within Named Benj'^ Townsend 
& Abner Lee agreeable to the obligation and Agreement with them 
enterd into & made by the Dec'' In his life time. \^Passed Novem- 
ler SO. 



Legislative 
Records of the 
Council, 
xvii. (3), 515. 
Mass. 
Archives, 
Ixxii., 629. 

Mass. 
Archives, 
Ixxii., 627. 
Legislative 
Records of the 
Council, xvii., 
Mis., 457. 
House Jour- 
nal, p. 94. 



Legislative 
Records of the 
Council, 
xvii. (3), .515. 

House Jour- 
nal, p. 95. 
Province 
Laws, xii., 722, 
chap. 133. 



CHAPTER 104. 

VOTE ALLOWING £150 TO CPT. JOHN WINSLOW. 

Voted that the Sum of One hundred and fifty pounds be granted 
and paid out of the publick Treasury to John Winslow Esq"" in con- 
sideration of his extraordinary Charge and Loss occasion'd by the 
desertion of sundry Soldiers Inlisted for the Expedition to the West 
Indies &c. \_Pa8sed Noveniher 30.^ 



CHAPTER 105. 

ORDER CONFIRMING A PLAT OF 800 ACRES OF LAND FOR SETH 

DWIGHT. 

A Plat of Eight Hundred Acres of Land laid out by Oliver Pat- 
ridge Survey "■ and Chain men upon Oath, to fulfill a grant made by 
this Court in December 1740 to M'' Seth Dwight, lying in a Bow 
of the East Branch of Housatanuck River. 

Read and 

Ordered that this Plan be accepted, and the Lands therein delin- 
eated and described are hereby confirmed to the within named Seth 
Dwight his Heirs and Assigns; Provided the Plat exceeds not the 
quantity of the Grant and does not interfere with any former Grant. 
\Passed December 1. 



CHAPTER 106 



ORDER GRANTING THO'' HAPGOOD 200 ACRES OF LAND. 



Legislative 
Records of the 
Council, 
xvii. (3), 515. 
Mass. 



A Petition of Thomas Hapgood of Marlboro Setting forth his 
services in the war against the Eastern Indians, & his sufferings by 
wounds he has received from them, which in his advanced Age dis- 

' This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis.; according to Legislative Records of the Council, xvii. (3), the date is December 1. 



[2d Sess,] Province Laws {Resolves^ etc.). — 1742-43. 173 

able him for labour for the support of himself and family ; and there- Archives, 
fore Praying for a grant of Province Land. ccxim., 8i. 

In Answer to the within Petition, ^atI^x 

Voted that there be & hereby is granted to the Pef Thomas Hap- ccxiin., sUi- 
good his Heirs and Assigns for ever two hundred Acres of the un- nai^ppi^zo/js. 
appropriated Lands of this Province adjoining to the new Township 
commonly called Paquoiag, in Consideration of his Services & Suffer- 
ings, & that the Pef be allowed to lay out the same by a Surveyor 
& Chainmen under Oath & return a plan thereof to this Court 
within twelve Months for Confirmation. \^Passecl Becember 1. 



CHAPTER 107. 

ORDER CONFIRMING A PLAT OF 400 ACRES OF LAND TO ZECHARIAH 

FIELD. 

A Plat of Four Hundred Acres of Land laid out to satisfy a Legislative 
Grant made by the General Court in their last May Session to coumff ^^'^^ 
Zechariah Field, surveyed by Elijah Williams Survey'' and Chain xvu. (3),506. 
men on Oath, Adjoining to the South End of Boston Township Archives, 
called checkleys Town, West of Deerfield, in the County of Hamp- xivi., 130. 
shire. Beginning at a Stake about Forty Four Rods West of a small ^ass. 
River or Brook that comes into said Township ; thence running East xivi., 1-25^130. 
19 Deg. South one hundred and sixty five Rods by the line of the Refords'of the 
said Township to a small Beech marked ; thence South West four Council, 

XV 11 (o\ 516 

hundred and eighty Rods; thence North West one hundred and House Jour." 
forty Rods and an half, thence North East to the State first men- ^nte,'^Am, 
tioned. chap! 2. 

Read & 

Ordered that the Within platt be Accepted & that the Land 
therein Delineated & Described be Confirmed to Zech'' Field His 
H''" & Assigns provided It Exceed Not the Quantity of four Hun- 
dred Acres nor Interfere with any former Grant. [^Passed Decem- 
ber 2. 



CHAPTER 108. 

ORDER ALLOWING £100 TO LIEU''' GOVERN" PHIPS. 

A Memorial of the Hon^'® Spencer Phips Esq'' Lieuten*^ Gov- Legislative 
ernor of this Province, shewing that he has been always ready and counc^f, °* ^^^ 
willing to serve the Province to the best of his power, and that xvii.(3),5i9. 
during the late Governor Belchers being in the Province of New Archives, 

Hampshire from year to year he gave dispatch to the publick busi- ^^^^' ^^'" 

ness; for which he has as yet had no allowance, which his Prede- Archives 
cessors had for the like service : therefore praying for a Gratuity xiix., \m'. 

£ ,\ • r^ L ir J o ^ Legislative 

from this Court. Records of the 

Read and _ ^^^^'""^ 

Ordered that there be allowed and paid out of the publick Treas- House Jour- 
ury to the Mem° Spencer Phipps Esq"" One hundred pounds in con- ' ^' 
sideration of his readiness to Serve the Province, particularly in 
the absence of the late Gov' Belcher to New Hampshire. [^Passed 
December 3. 



174 



Province I^aws {Resolves, etc.) . — 1742-43. [Chaps. 109, 110.] 



Legislative 
Records of the 
Council, 
xvii. (3), 519. 



CHAPTER 109. 

ORDER ALLOWING THE ACCOUNT OF THE PLYM" COUNTY TREASURER. 

An Accompt presented by M' Thomas Foster Treasurer of the 
County of Plymouth for the year 1741, Having been laid before 
the Court of General Sessions of the Peace for the said County 
and by them allowed. 

Eead and 

Ordered that this Accompt be allowed, and that the Ballance 
thereof being Thirteen Pounds fourteen shillings and six pence 
lawful money, the Treasurer is accomptable to said County for.* 
\^Passed December S. 



CHAPTER 110. 



Legislative 
Records of the 
Council, 
xvii. (3), 521. 
Mass. 

Archives, cv., 
213. 

Legislative 
Records of the 
Council, 
xvii. (3), 497. 
House Jour- 
nal, pp. 87, 99. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION 
OF BENJ: MAY, WITH NOTICE. 

The Committee to whom was refer'd the Petition of Benjamin 
May of Barrington in the County of Bristol, Yeoman, and one of 
the Constables of the said Town, complaining of their Assessors 
for refusing to give him a warrant, as the law directs, to take the 
Bodies of the several persons assessed and taxed by them & refus- 
ing to pay what they are so assessed at; and praying relief in the 
premisses: have considered the same and Eeport thereon, That it 
doth not appear that the said assessors have unreasonably denied a 
Warrant to the Petitioner, otherwise than by the suggestion thereof 
in his Petition; yet the Petitioner, being an Officer under Oath, 
they are humbly of Opinion that it may be proper to have the said 
Assessors summoned to appear on Fryday the Twenty fourth of 
Decem"" next to make answer to the aforesaid complaint, and that 
the execution of the Treasurers Warrant against the Petitioner be 
staid in the mean time. 

In the name of the Committee 
Novem^ 30. 1742. r Jos: Wilder. 

Eead & 

Ordered that thi^ Eeport be accepted. And that the Pef forth- 
with serve the Assessors of the Town of Barrington for the Years 
1740, 1741, & 1742 with a Copy of his Petition above refer'd to & 
this Eeport '& Order, & that the said Assessors appear before this 
Court upon the 24*-'' of Dec'' next without fail to answer to tlie Peti- 
tioners Complaint, & that the Petitioner also appear to make good 
his Allegations & suggestions in his Petition. [^Passed December 4. 

' Not found in the House Journal. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 175 



CHAPTER 111. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON NANTUCKET 
INDIANS PET^* AND REFERRING THE MATTER. 

A Petition of Benjamin Asliame and James Count Indians of ^Ifords onhe 
Nantucket, shewing that they were severally prosecuted by Hannah Council, 
Isaac Indian Woman, as she is Guardian to her son Isaac Mussaquit, 522"' '''''' 
before George Bunker Esq"" one of His Majestys Justices of the Peace 
for the said place, for a trespass in plowing land alledged to be the 
property of the said Mussaquit; that the Petitioners pleaded, by 
way of Demur, a right to the said Land, notwithstanding which 
plea the Justice tried the said causes and gave Judgment therein, 
which they apprehend to be contrary to law; that the Petitioners 
appealed to the Inferior Court of Common Pleas, where the former 
Judgments were confirmed: praying for liberty to Appeal to the 
Superior Court, or that they may be otherwise relieved by this 
Court. 

The Committee to whom was refer'd the Petition of Benjamin 
Ashine and James Count alias Condodoe, having fully heard the 
Petitioners, apprehend this to be the Controversy, viz* Hannah 
Isaac as Guardian to the infant Sachem of Nantucket demands 
about fifteen shillings per Acre as an acknowledgement, and sup- 
poses that no land there should be improved by any Indians with- 
out the Sachems consent ; The Petitioners alledge that as they are 
in relation to the Sachem they ought to improve land there with- 
out paying any thing, and this has been the custom and usage among 
them; And for entering and improving Land which the Sachem 
challenges as Sachem and not paying acknowledgement, viz* fifteen 
shillings per Acre, these actions of Trespass arose. Which Actions, 
the Committee are humbly of Opinion, ought to be determined at 
the Common Law, and finally in the Superior Court, which may 
be the greatest satisfaction to both jjarties ; but in as much as the 
cost which will arise in the trials at the Superior Court will be very 
considerable, and the occasion perhaps of their finally losing or their 
being put under Servitude ; therefore we humbly propose that the 
Petition be refer'd to the next Session of this Court & that it be 
recommended by this Court to the parties that they agree these 
Actions in the mean time, and also settle the Controversy relating 
to the demand the Sachem annually makes on them for their Im- 
provements on the Land aforesaid, and that some suitable Persons, 
as this Court s]u^ll think fit, be desired to assist them therein. All 
which is humbly submitted 

In the Name and by Order of the Comm**^® 

Jn'' CushinCt. 

In Council; Eead, and 

Ordered that this Report be accepted, and the Petition is refer'd 
to the next May Session accordingly; and John Coffin Esq"" and M"" 
Abishai Folger are appointed and desired to assist the parties in 
accommodating the Actions within mentioned. ^ 

In the House of Represent^*^^; Read and Concur'd and Coll: Bourn . 
is added to the Committee.' ^Passed December 4. 

' Not found in the House Journal. 



176 



Province Laws {Resolves, etc. ) . — 1742-43. [Chaps. 112-114.] 



CHAPTEK 112. 



ORDER OF NOTICE ON THE PETIT^ OF SETH WINSLOW AND OTHERS 
IN REGARD TO THE SALE OF AN ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (3), 523. 

Mass. 
Archives, 
xviii., 69. 



A Petition of Seth Winslow, Ebenezer Meigs and Bathsheba 
Meigs, all of Rochester in the County of Plymouth complaining 
of great injustice done them in the sale of the real Estate of their 
late father James Winslow dec*^ by means of a Combination between 
the Adminisf Edward Winslow Esq"" and M'' Timothy Ruggles the 
purchaser; praying that the said sale may be set aside and declared 
void. 

Eead and 

Ordered that the Petitioners serve Edward Winslow Esq"" and M"" 
Timothy Ruggles with copies of this Petition, that they shew cause, 
if any they have, on the first Fryday of the next May Session, why 
the Prayer thereof should not be granted.' [Passed December 4. 



Legislative, 
Records of the 
Council, 
xvii. (3), .^26. 
Mass. 
Archives, 
xviii., 80. 

Mass. 
Archives, 
xviii., 79. 
Legislative 
Records of the 
Council, xvii., 
Mis., 462. 
House Jour- 
nal, pp. 88, 100. 
Province 
Laws, ii., 151, 
Chap. 10. 



CHAPTER 113. 

VOTE IMPOWERING REBEC. HANNERS, GUARDIAN, TO JOIN IN THE SALE 

OF AN ESTATE. 

A Petition of Rebecca Hanners of Boston, Guardian of Benja- 
min and Elisabeth Hanners, minors. Shewing that the said Minors 
with their brother George Hanners are seized of an old house and 
land in Wings Lane in Boston, which is extreamly out of repair, 
and they have no estate to repair it with, and therefore Praying 
that the Petitioner may be impowered to join with the said George 
in selling the same for the best advantage of the said Minors. 

Read & 

Voted that the Petitioner Rebecca Hanners be impower'd to Join 
with George Hanners in the sale of the Premises provided she first 
observe the Rules prescribd by the Province Law made in the 6* of 
George 1*^ so far as it relates to the time & manner of sale & also 
give security to the Judge of Probates for the County of Suffolk 
that the produce of said Estate be disposd of for the benefit of 
said Minors according to their respective shares or Interest therein. 
[Passed December 6. 



CHAPTER 114. 



ORDER ON SARAH DOLBEAR'S PETITION DECLARING A JUDGMENT NULL 

AND VOID. 



Legislative 
Records of the 
Council, 
xvii. (3), 528. 

Ante, p. 160, 
chap. 79. 



On THE Petition of Sarah Dolbear, [ante, p. 160, chap. 79.] 
Read together with the Answer of James Gibson, and 
Ordered that the prayer of this Petition be so far granted as that 
the Judgment of Court (therein refer'd to) and Execution there- 
upon, be and the same are hereby declared null and void, and that 
James Gibson (who was Plaintiff in the Action wherein said Judg- 

' Not found in the House Journal. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 177 

ment was obtained) be authorized and impowered to bring forward 
on the former Writ a trial of the same cause at the Court of Com- 
mon Pleas next to be holden at Charlestown within and for the 
County of Middlesex in due course of Law to final Judgment and 
Execution; Provided however that the foregoing Order or any part 
of it shall not take place, unless the Petitioner shall (before such 
Trial had) pay or tender to the said James Gibson the lawful costs 
arisen in the former suit, and give due caution to the Justices of 
the said Court (for the better security of the Plaintiff) that in case 
Judgment be obtained against her in her said capacity, and Exe- 
cution issue thereupon, she will shew of the Assets in her hands 
(belonging to the said M^ John Dolbear his estate) sufficient to 
respond the same; and likewise serve the said James Gibson with 
a copy of this Order seven days at least before the sitting of the 
said Court.' \_Passed December 7. 



CHAPTEE 115. 

ORDER ACCEPTING THE COMMITTEES REPORT ON THE PETITION OF 
THOMAS MARSH AND OTHERS TO BE ERECTED INTO A SEPARATE 
PRECINCT. 

The Committee appointed on the Petition of Thomas Marsh and Legislative 
others living near AVear Eiver in the County of Hampshire, have council, 
attended on said service, been upon the spot and viewed the Lands mTiss.^^^ ' ^^^' 
prayed for to be erected into a Township, inquired into the circum- Arciiives, 

stances of the Petitioners, heard the objections of some of the In- ^^^'' 

habitants of Kingston and are of opinion that the Petitioners at Archives, 
present are not in sufficient order to erect a Town with privileges wisiattVe 
&*^; but in as much as they live at a very great distance from any Records of the 
place of publick Worship, and meet with great difficulty thereby, Ml8.°44i.^^"'* 
We are further of Opinion that the Petitioners living Northward naTpp'^iTn 
of a Line running due East from the South East corner of the land io3.' Ante, 
belonging to John Eead Esq"" to Western Line, be freed from all p- i^s, chap. 17. 
Taxes to any other place or Town during the pleasure of the Gen- 
eral Court, so that they may be able to provide Preaching among 
themselves : Wliich is Submitted : 

In the Name and by Order of the Comm**^^ 

Jos: Wilder. 

Eead & 

Ordered that this Eeport be accepted, & also that the Lands 
within the Limits above mentioned & the Inhabitants thereon be 
erected into a Precint, & that the said Inhabitants have the Power 
& Privileges which other Precincts do or by Law ought to enjoy 
And that they be & hereby are obliged to maintain the publick 
Worship of God among them in the support of a learned orthodox 
Minister. {^Passed December 7. 

* Not found in the House Journal. 



178 



Province IjAws (Resolves, etc. ) . — 1742-43. [Chaps. 116, 117.] 



CHAPTEE 116. 



Legislative 
Records of the 
Council, 
xyii. (3), 530. 

House Jour- 
nal, pp. 98, 99, 
104. Ante, 
p. 160, chap. 78. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION 
OF THO*^ PEGAN, INDIAN, FOR EXCHANGE OF LAND. 

The Committee to whom the within Petition [cmte, p. 160, chap. 
78] was refer'd having viewed both pieces of land within mentioned, 
have esteemed the Land belonging to Thomas Pegan to be twenty- 
Pounds lawful money more than Bacons land ; Deeds have pass'd 
between them under our inspection, and Bond has been taken of 
the said Bacon for Twenty Pounds accordingly for the use of the 
said Pegan ; which he desires may be lodged in the hand of some 
suitable Person appointed by this Court and impowered to receive 
the money and pay the same to him as his occasion shall re- 
quire. Which is humbly submitted 

In the Name of the Committee John Quincy 

Eead and Accepted, and 

Ordered that the Bond within mentioned be lodged in the hands 
of M' Edward White for the use of the said Thomas Pegan accord- 
ingly. [Passed December 7. 



CHAPTEE 117. 



ORDER IMPOWERING THE PROPRIETORS OF THE TOWN OF HOLDEN 
TO LEVY TAXES ON LAND. 



Legislative 
Records of the 
Council, 
xvii. (3),531. 
Mass. 

Archives, xii., 
25L 

Mass. 

Archives, xii., 
250,252. Legis- 
lative Records 
of the Council, 
xvii.. Mis., 458. 
House Jour- 
nal, p. 102. 



A Petition of the Proprietors of the Town of Holden in the 
County of Worcester, praying that they may be impowered to lay 
a tax upon all the Lands in the said Town (saving the Ministry 
and School Lands) of Three pence per Acre for the first year, two 
pence for the second year, and one peny for the third, for defray- 
ing the charge of building their Meeting House and settling and 
supporting a Minister, and that Eliakim Hutchinson and Daniel 
Henchman Esq" and M'' Benjamin Flag be Assessors, and Cyprian 
Stevens Collector for assessing and collecting said Tax. 

Eead and In answer to y® within Petition 

Ordered that in As much as y® Proprietors of Holdin have Mani- 
fested their consent that their lands be Taxed That therefore the 
prayer thereof be So far Granted as that all the lands both of Eesi- 
dent and Non Eesident proprietors in Said Town be and hereby are 
Subjected to a Tax of Three pence Old Tenor ^ Accre for the Next 
year Two pence <j) acree for the Second and one penny ^ acree for 
the third year, and that the Same be Assessed and Collected by such 
persons as are or may be duly Appointed by Said Proprietors, and 
that the mony ariseing thre by be Apply'd for the Use & purposes 
mentioned in the Vote of Said Proprietors of the 8*'^ of Sep* last. 
\_Passed December 8. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1742-43. 179 

CHAPTER 118. 

ORDER IMPOWERING THO. PEGAN, INDIAN, TO SELL LAND. 

A Petition of Thomas Pegan of Natick Indian & Patience his Legislative 
wife, praying liberty from this Court to sell Thirty five Acres of ^^X^f,''**''® 
their Out Lands in Natick to discharge the Debts they have con- xvii. (3)', 532. 
tracted by sickness and to pay oif divers Executions that are out House Jour- 

, T n ^ "^ nal,pp.98,99. 

against liim. 

Read and 

Ordered that the Petitioners be allowed and impowered, with 
the Advice and Assistance of Major Edward White, to sell the 
land herein mentioned for the most the same will fetch, and the 
produce thereof to be applied to pay their Just debts, and all Exe- 
cutions and other Processes are hereby suspended till the next sit- 
ting of this Court; the rem.aining produce of the said sale to be 
applied towards the support of the Petitioner; the said White to 
be accountable for his proceedings herein to this Court. [^Passed 
December 8. 



CHAPTER 119. 

ORDER ON THE PETITION OF DAN. LEWIS JUN» FOR SETTING ASIDE A 

JUDGMENT. 

A Petition of Daniel Lewis Jun"' Treasurer of the Town of R|fords^onhe 
Pembroke, shewing that at the Inferior Court of Common Pleas Council, 
held at Plymouth in May last, he obtained the Verdict of the Jury -^^"-(3). 533. 



upon his action against James Randall for a bond of £200, but the na^i^p^ 102?^' 
Court in their hast forgot to make up Judgment thereon, and ad- 
mitted the Defendant to appeal from the Verdict; Praying that the 
Justices of the said Court may be impowered to make up Judgement 
on the said Verdict, notwithstanding the said Appeal. 

Read, and it appearing to this Court that there is a manifest error 
in making up the Judgment within mentioned; therefore 

Ordered that the said Judgment as also the Appeal therein men- 
tioned be superseded and set aside ; and the Justices of the Inferior 
Court of Common Pleas for the County of Plymouth be and hereby 
are impowered, at their Session in December next, to make up Judg- 
ment on the Verdict within mentioned, pursuant to Law; Provided 
that the Petitioner notify the within named James Randal of this 
Order seven days at least before the Sitting of the said Court, that 
so he may be present at the making up of said Judgment, if he see 
cause. \Pa&sed December 8. 



CHAPTER 120. 

ORDER ALLOWING £8. 1 TO ABIGAIL RICHARDSON. 

A Petition of Abigail Richardson Widow of Timothy Richard- ^f^^^^fg^^f t^e 
son late of Woburn dec"^ Shewing that her said Husband in his life Council, 



180 



xvii. (3), 534. 
Mass. 
Archives, 
Ixxii., 631. 

Mass. 
Archives, 
Ixxii., 630. 
House Jour- 
nal, p. 105. 
Ante, p. 42, 
chap. 66. 



Province Laws (i?eso?ves, etc.). — 1742-43. [Chaps. 121, 122.] 

time mortgaged his land for One hundred Pounds, which he took 
up of the £100,000 Loan, and by reason of his being disabled by 
wounds he received in the publick service, he was hindered from 
wholly clearing oif the said Mortgage, and therefore Praying that 
the sum of eight pounds one shilling. Old Tenor, still remaining 
due to the Province may be remitted to her. 

Eead and 

Ordered that the Prayer of the Pet" be granted and the Comm'^® 
appointed to close the affair of the £100,000 Loan are hereby directed 
to give Credit to the Pef in her capacity for the within mentioned 
Sum of Eight pounds one Shilling old tenor and discharge the Pef 
accordingly. [^Passed December 8. 



CHAPTER 121. 



ORDER IMPOWERING ELEAZAR KENAPAUKENIT, INDIAN, TO SELL HIS 
RIGHTS IN HIS LATE FATHERS ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (8), 535. 

House Jour- 
nal, pp. 78, 99. 



A Petition of Eleazar Kenapaukenet of Natick, Indian, Shew- 
ing that his late Father (now deceased) became bound with the 
Petitioner for the payment of between Forty and Fifty Pounds, 
that his said Father has left an Estate in Lands ; praying the Ad- 
ministrator thereof Moses Fish may be impowered to sell the Peti- 
tioners part, and pay the Debt above mentioned therewith, and if 
anything be left, that other lands be purchased therewith for the 
Petitioner. 

Read and in answer hereto 

Ordered that the Petitioner have liberty to sell the Right therein 
mentioned, with the Advice and Assistance of Major Edward White, 
the produce thereof to be applied for the benefit of the Petitioner, 
the said White to be accomptable for his proceedings herein to this 
Court. \^Pa&sed Decemher 8. 



CHAPTER 122. 



ORDER ALLOWING £32. 10 TO ROB^ BALL AND A FURTHER SUM OF £15. 10. 



Legislative 
Records of the 
Council, 
xvii. (3), 536. 
Mass. 
Archives, 
Ixiv., 203. 

Mass. 
Archives, 
Ixiv., 202. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 460. 
House .Jour- 
nal, p. 105. 



A Petition of Robert Ball Keeper of the Light house, praying 
for an Allowance for his service the last Year ending the eighth 
day of November last, as also the sum of Fifteen pounds ten shil- 
lings expended for fewel for the better burning of the lamps. 

Read and 

Ordered that the Sum of thirty two pounds ten shillings be 
allowed out of the publick Treasury to the Pef for his Service 
the last Year as keeper of the Light house ending the 8'^ of 
November last 

And that He be allowed the further Sum of fifteen pounds ten 
shillings expended for firewood for the greater Benefit of the 
Lights. \Pas8ed Decemher 8. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 181 

CHAPTER 123. 

ORDER GRANTING AND. OILMAN A LICENCE TO KEEP A TAVARN. 

A Petition of Andrew Gilman Shewing that he has lately inter- Legislative 
married with Jemima Preble widow of Caleb Prebble late of York councif *** '^'^^ 
in the County of York dec*^ who for many years kept a Tavern in xvii. (3)',536; 
said Town to general satisfaction; and whereas he, through his un- mis.',' 46o!'"' 



certainty of settling in the said Town, omitted taking out a Licence Mass. 
in the proper season ; therefore Praying that the Justices of the said nr'^House'*'' 
County may be impowered to grant him a Licence in the House Journal, p. io3. 
where the said Prebble kept, at their next General Sessions. Elwa^m., is, 

Eead & chap.'e. 

Ordered that the Justices of the general Sessions of the peace 
for the County of York, be and are hereby empowered (if they 
see cause) at the next general session of the peace for the County 
aforesaid to grant the petitioner licence to keep a public house of 
entertainment the remaining part of the year, provided the peti- 
tioner produce to the general sessions of the peace, the approbation 
of the Selectmen for the County of York,' the time for granting 
licences being elapsed notwithstanding. \^Passed December 8. 



CHAPTER 124. 

ORDER ALLOWING £5 TO CAP^ JEFFRY BEDGOOD FOR THE RETURN 

OF A DESERTER. 

Whereas Jabez Allen al'^ Meed Hath been taken up by Proclama- Legislative 
t[ion] as Deserter from His Majestys Ship Augusta in the west indies councff ^^ ^^^ 
and now a prisoner in the County Goal and there being an opertunity xvii. (3)', 537. 
of Returning the s"^ Jabez to Some of His Majestys Ships at Jaimaca Archives, 

Ordred that upon the Sailing of Capt Jeffry Bedgood the Said ixiv-. 207. 
Jabez be put on Board His Ship & to the Care of the s*^ Bedgood 
& by Him Delivered to the admirall or Comisdore of the fleet at 
Jamaca Also 

Voted that there be allowed to the said Jeffry Bedgood out of 
the publick Treasury five pounds for the said Service/ \^Passed 
December 8. 



CHAPTER 125. 

ORDER ADMITTING EBEN« HUNT TO AN EQUAL SHARE IN THE TOWN- 
SHIP OF HUNTSTOWN. 

A Petition of Ebenezer Hunt of Weymouth, Shewing that he Legislative 
has been at great cost to obtain the grant of a Township to the councif ^'^ **^^ 
Officers and Soldiers in the Canada Expedition in the year 1690 xvii. (3)', 538. 
under the Command of Cpt. Ephraim Hunt; that the Proprietors Archives, 
of the said Township have signified their willingness to admit him ^'^^•' ^^°- 
to an equal share with the Original Grantees; And therefore Archives 

praying that the said Proprietors may be impowered to grant the xivi., 139.' 

» Mass. Archives, cxi., 116, reads, " Town of York." 
' Not found in the House Journal. 



182 



Province Laws (^Resolves, etc.). — 1742-43. [Chaps. 126, 127.] 



Legislative 
Records of the 
Council, xvii., 
Mis., 449. 
House Jour- 
nal, p. 104. 
Ante, p. 95, 
chap. 198. 



Petitioner such share in the Equivalent Lands that may be allowed 
them by this Court, for what was taken off from the said Town by 
running of Deerfield Line. 

Eead and 

Ordered that the Prayer of the Pet" be granted and the Pef is 
hereby Allowed to be admitted to an equal Share as an Original 
Grantee in the within mentioned Township, the Pef performing 
the Conditions that the Grantees are or shall be obliged to perforin. 
[Passed December 9. 



CHAPTER 126. 



Legislative 
Records of the 
Council, 
xvii. (3), 540. 
Mass. 
Archives, 
Ixxii., 626. 

Mass. 
Archives, 
Ixxii., 625. 
Legislative 
Records of the 
Council, xvii., 
Mis., 451. 
House Jour- 
nal, p. 98. 



ORDER ALLOWING £7. 10 AND £4 PER ANNUM FOR SIX YEARS TO 
CAP'^ EDM" WARD. 

A Petition of Cpt. Edmund Ward of Scarborough, Shewing that 
for many years he was employed in the late Wars with ' by sea and 
Land against the French and Indians, and that by means of the 
hardships he therein suffered he has been many years sick, which has 
reduced him to great necessity; praying for relief from this Court. 

Eead and 

Ordered that there be allowed and paid out of the publick Treas- 
ury to M'" Timothy Prout the Sum of Seven pounds ten Shillings to 
provide suitable Cloathing &c for the Pef Also 

Voted that there be allowed out of the publick Treasury four 
pounds ^ Annum for the space of Six Years next ensuing (pro- 
vided the Petitioner lives that term) to the s*^ M'' Prout for the 
support and relief of the Pef in consideration of his Services and 
Sufferings within mentioned. [Passed December 9. 



CHAPTER 127. 



Legislative 
Records of the 
Council, 
xvii. (3), 618; 
ibid., xvii., 
Mis., 461. 

House Jour- 
nal, p. 102. 



ORDER IMPOWERING WILLIAM LAWRENCE & ABIGAIL PRESCOT AS 
GUARDIANS TO SELL REAL ESTATE. 

A Petition of William Lawrence and Abigail Prescot Guardians 
of the Minor Children of Benjamin Prescot late of Groton in the 
County of Middlesex Esq"" dec*^ Shewing that the said Benjamin 
among other Estate left divers Eights in some of the new granted 
Towns, that the Conditions of the said Grants, which require a 
considerable advance of money, are not yet performed, and that 
there is no personal Estate to defray that charge; therefore Pray- 
ing for liberty from this Court to sell so much of the said Land 
as will produce what will be necessary for fulfilling the Conditions 
of holding the remainder. 

Ordered that the prayer of the within petition be granted, & that 
the petitioners be, & are hereby empowered respectively to make sale 
of so much of the right of the lands within refered to, belonging 
to the minors to whom they are guardians, for the most they will 
fetch : publication of the time & place as usual, as will be sufficient 
for the purpose within mentioned ; they giving good security to the 
Judge of Probate for the County of Middlesex, to be accountable 
for the money arising by such sale or sales, & for due applications 
thereof. [Passed December 9.^ 

1 Sic, for "both" ? 

^ This date is according to Legislative Records of the Council, Mis., and the House 
Journal ; according to Legislative Records of the Council, xvii. (3), the date is January 13. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 183 



CHAPTER 128. 

ORDER ON MARSHFIELD PETITION TO BE SET OFF TO THE NORTH 
PRECINCT OF THE TOWN. 

A Petition of Joseph Phillips & others, Inhabitants of Marsh- Legislative 
field within the Lines of the North Precinct but some of them were Council,*^ 
left to the South Precinct, and others have lands lying in the South 54T2"' ^^^'^^^> 
Precinct ; praying that they and their lands may now be added to j;^^^^ 



the North Precinct to do duty there. Archives, 

Read, and it appearing that the Clerk of the South Precinct hath ifouse^.Jour. 
been served with a copy of the petition, but no answer given in : pos<^' ^ we 

Ordered^ that the prayer of the Petition be granted and that the chap. 157. 
Petitioners belonging to the South Precinct in Marshfield together 
with their Estates lying within the Lines of the North Precinct, 
and the land and estate of the other Petitioners, together with the 
land of such who live out of the said Town comprehended within 
the lines of the said North Precinct, be and hereby are set off to 
and accounted as part of said North Precinct, to do duty and receive 
privilege accordingly. {^Passed December 10. 



CHAPTER 129. 

ORDER WITH STAY OF EXECUTION REFERRING THE PETITION OF 
CHA* JOSLYN FOR A NEW TRIAL OF AN ACTION. 

On the Petition of Charles Joslyn, {ante., p. 159, chap. 75] Legislative 
Upon the Report of the Committee on this Petition, Councif, °^^^^ 

Ordered that the further consideration of this Petition be refer'd xvii.(3),544. 
to the first Tuesday of the next May Session, and that the parties ^aT^*' 109"*^" 
attend the Court at that time, and that Execution be stayed in the Ante, p. 159, 
mean time. \Pa88ed Decemher 11. *^'^*^' ^^* 



CHAPTER 130. 

ORDER IMPOWERING THE HEIRS OF DAVID AND NATHAN FARRARS 
TO SELL REAL ESTATE. 

A Petition of the Heirs and Represent''^' of David Farrar and Legislative 
Nathan Farrar late of Lancaster dec'* Shewing that the said Estates couuco,"*^^^ 
of the said David and Nathan Farrar (consisting of several parcels M^ass^^'''^^' 
of land) cannot be conveniently divided among the Heirs, many of Archives, 

whom are Minors; and therefore praying that David Melvil of Con- ^^'"'' ^^' 

cord may be impowered by this Court to sell the said lands, pay off An^ilves, 
the debts due on them and divide the remainder of the Produce ?^"?-',^.- 

,1 TT • T X -n--n Legislative 

among tlie Heirs according to Will. Records of the 

In Answer to the within Petition Mis.?46i.''^""' 

Ordered That the prayer thereof be Granted and that the within 
Named David Melven be and hereby is fully Authorized and Impow- 
ered to Make Sale of the Real Estate of the within Named David 
Farrar and Nathan Farrar Respectively for the Most the Same will 



184 



Province Laws {Resolves, etc.). — 174:2-4:3. [Chaps. 131, 132.] 



fetch and to Execute a good Deed or Deeds for Conveying the Same, 
due Publication of the time & place of Sale being made as is Ussuall 
in Such Cases he giving Bond with SutRcient suretys to the Judge 
of the Probate of Wills &ct for the County of Worcester to acco* 
for the mony Ariseing by such Sale, and out of the Same to pay 
the Just Debts and Legacys of the Said David and Nathan the 
Eemainder or overplus on Settlement if any be of His aco'^ to be 
Divided too and Amongst the Heirs of y*^ dec'^ or their Legall Eep- 
resentatives agreeable to Law. ' Passed December 11. 



CHAPTER 131. 

ORDER ANNEXING THE FAMILIES AND ESTATES OF SAM^- AND ELDAD 
POMERY TO THE FIRST PRECINCT IN NORTHAMPTON. 



Legislative 
Records of the 
Council, 
xvii. (3), 546. 

House Jour- 
nal, p. 109. 
Ante, p. 130, 
chap. 5. 



On the Petition of Samuel and Eldad Pomroy, \_ante, p. 130, 
chap. 5] 

Read, together with the answer of the new Precinct in North- 
ampton ; and the matter being duly considered : 

Ordered that the Petitioners with their Families and that part 
of their Estates mentioned in the Petition be set back to the first 
Precinct in said Town, to do duty and enjoy Privilege there ; Pro- 
vided that the first Precinct allow the money that the Petitioners 
and their Estates shall be rated at from time to time to the said 
new Precinct, and that the same be paid into the hands of their 
Treasurer for the benefit of said new Precinct. [^Passed December 13. 



CHAPTER 132. 



ORDER IMPOWERING MARY WEST ADMINISTRATRIX TO SELL REAL 

ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (3), 547. 

House Jour- 
nal, p. 108. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Mary West, Widow of John West late of Boston 
dec*^ Shewing that her said husband by his last Will and Testament 
appointed Messieurs Samuel Wentworth and Benjamin Green of Bos- 
ton merchants Executors thereof, and therein impowered and directed 
them to sell a Dwelling House & Land in Boston, that they have de- 
clined the Executorship as also to give any Deed of the said House 
and Land, that the Petitioner is admitted to be an Adminisf with 
the Will annexed; and therefore Praying that this Court would im- 
power the Petitioner to sell the said Estate for the uses mentioned 
in the Will. 

Read and 

Ordered that the Prayer of the petition be granted and that the 
said Mary West be and she is hereby authorized and impowered to 
sell the Dwelling house and Land within mentioned for the most 
they will fetch (upon jiublick notifications previously given agreable 
to the Act or Law of the sixth of George Chap. S'') and to pass and 
execute good and sufficient Deed or Deeds for that purpose; the 
Petitioner to account with the Judge of Probate for the County of 
Suffolk for the overplus. ^Passed December 13. 

» Not found in the House Journal. 



[2d Sess.] FROvmcE LtAws {Besolves, etc.). — 1742-43. 185 



CHAPTEK 133. 

ORDER OF NOTICE ON THE DIGHTON PETITION FOR CONFIRMATION 
OF THE TOWN PLAN. 

A Petition of Sylvester Hichmoncl Jun'' Esq"^ in behalf of the Legislative 
Town of Dighton, Shewing that for want of a true plan of the said c^uncff, ^* ^'^^ 
Town, part of it has been annexed to the town of Eelioboth; and xvii. (3)', 549. 
therefore praying that a true and exact plan of the said Town, here- Archives, xiu., 

with exhibited, may be allowed and confirmed by this Court, and — . 

the Lands taken off from them as aforesaid restored to the said ^r^i^-^gg xui. 
Town; and any other part that has [been] taken off on the peti- 491. House 
tion of Coll. Church and others. Awtl^iy.'Qo, 

Eead & ^^'^P- 207- 

Ordered that the Pef serve the Town of Eehoboth & the Prop" 
of Land that may be effected by said plan with a Copy of this peti- 
tion, by inserting the Substance thereof in the publick Prints, that 
so they may shew Cause if any they have on the first Thursday of 
the next Sitting of this Court why the prayer thereof should not 
be granted. [Passed December 14. 



CHAPTER 134. 

ORDER IMPOWERING JOHN GUSHING AS COMMISSIONER OF THE £100,000 
LOAN, TO SELL THE REAL ESTATE OF THE DELINQUENT SUBSCRIBERS 
THERETO. 

A Petition of John Cushing Esq'' in behalf of the Committee Legislative 
appointed to sell the lands in the County of Plymouth mortgaged counclf,*'**'^^ 
to the Commissioners of the £100,000 for the County of Essex, xvu. (|)'..550; 
and as Attorney to Edw'' Hutchinson Esq"" surviving Trustee of mis.",' 464. "' 
the £50,000 Loan, shewing that they are not able to sell the Lands Mass. 
according to their apprized value ; praying for the further direction ^g^^House"' 

of this Court. journal, p. lll. 

-n 10 Province 

Kead & Laws, xli., 663, 

Ordered that the Memorialist sell the premisses at his discretion chap. 203. 
for the most it will fetch, he first posting up notifications of the 
same, in the several towns in the County, where such lands lie, one 
month at least before the time of sale. \_Passed December 14.^ 



CHAPTER 135. 

VOTE FOR ADJOURNING PLYMOUTH COUNTY COURT. 

Voted that the General Sessions of the Peace and Inferior Court ^^^*^'^*^^^^^,, 
of Common Pleas, by Law appointed to be held at Plymouth in council, 
and for the County of Plymouth the third Tuesday of this Instant, ^^"- '^^'^^•^- 
be adjourned to the second Tuesday of January next, »& then to be ^ai"p!iS^' 
held at Plymouth aforesaid ; and all Persons concerned are to con- 
form accordingly. [Passed December 16. 

' This date is according to Mass. Archives and Legislative Records of the Council, 
xvii. (3) ; according to Legislative Records of the Council, xvii., Mis., and the House 
Journal the date is December 13. 



186 



Province Laws {Resolves, etc. ) . — 1742-43. [Chaps. 136-138.] 



Legislative 
Records of the 
Council, 
xvii. (3), 553. 
Mass. 
Archives, 
cxiv., 764. 

Mass. 
Archives, 
cxiv., 762. 
House Jour- 
nal, p. 116. 
Ante, p. 137, 
chap. 22. 



CHAPTER 136. 

ORDER REFERRING THE PETITION OF BIDDEFORD & SCARBOROUGH 
INHABITANTS IN REGARD TO CONDITIONS OF TOWN GRANT. 

On" the Petition of divers Inhabitants of Biddeford and Scar- 
borough; {^ante, p. 137, chap. 22] 

Whereas this Court is informed that there is a Meeting appointed 
of the Grantees or Proprietors of the new Township mentioned in 
this Petition, in order to their proceeding effectually to fulfill the 
Conditions of their Grant ; 

Ordered that this Petition be refer'd to the second Tuesday of 
the next May Session for further Consideration/ \^Passed Decem- 
ber 16. 



CHAPTER 137. 



Legislative 
Records of the 
Council, 
xvii. (3), 500; 
ibid., xvii.. 
Mis., 462. 

Mass. 
Archives, 
xxxi., 427. 
Legislative 
Records of the 
Council, 
xvii. (3), 553. 
House Jour- 
nal, pp. 88, 108, 
115. 

Ante, p. 58, 
chap. 108. 



ORDER APPOINTING A COMM^ee qN NEHEMIAH WASHBURNS PETITION 
IN REGARD TO BOUNDARY 

A Petition of Nehemiah Washboiirn of Bridgewater, shewing 
that the Guardians of the Tetticut Indians have commenced an 
action against him as a Trespasser on the Indians Lands, and for- 
asmuch as the bounds between Bridgewater and the said Indians 
Lands have not been lately run and therefore are not perfectly 
known; praying that this Court would appoint a Committee to 
run the said Lines, agreeable to an Order of the General Court 
pass'd in the year 1704 for stating the same. 
In Council 

[Read &] 

Voted that George Leonard & John Quincey Esq" with such as 
shall be joined by the honorable house, be a committee to repair to 
Titticutt, & veiw the lands in controversy betwixt Benjamin White 
Escf & M'' Ezra Clap as guardians to the Titicutt Indians, & Cap\ 
Nehemiah Washburn. & hear the parties, consider their titles, & 
propose some proper line to be established betwixt the Indian lands 
there, & said Washburns land for the ending of their dispute, & 
make report as soon as may be, what may may ' be proper for this 
court to do thereon, the charge to be borne as this Court may shall ' 
order. 

In the House of Representatives Read & concurred & Stephen 
Paine Esq' of Bristol Cap' Josiah Morton of Plymouth, & M"" Sam- 
uel White of Taunton are joined in the affair. ^Passed December 16. 



CHAPTER 138. 

ORDER RELATING TO A LICENCE FOR ANDREW HALLYBURTON. 

Legislative ^ PETITION of Andrew Halliburton, Shewing that he has, by the 

councif, approbation of the Select men of Boston & the Court of General 

Sessions of the Peace, kept an Inn there for divers years past, but 

1 A duplicate of this petition appears in Mass. Archives, cxiv., 744, 746. 
a Sic. 



xvii. (3), 554. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 187 

has been lately put out of the House where he last kept it; and House Jour- 
forasmuch as the Petitioner cann't obtain a new Licence at this '^^" ' 
season of the Year, therefore praying that this Court would im- 
power him to carry on his business in the house to which he is 
removed till the time of granting Licences, 

Eead, and forasmuch as the Select men of the Town of Boston 
have signified that they have no objection against the Petitioners 
keeping a Tavern in the house where he now dwells: 

Ordered that the prayer of the Petition be granted and that the 
Petitioner be admitted to be an Lmholder and keep publick Enter- 
tainment in the House he now dwells in, for the residue of the pres- 
ent year : Provided he pay in his Excise already due and enter into 
a new recognizance with sufficient Sureties for his keeping good 
Rule and Order and duly paying his Excise for the future, before 
two of His Majesty s Justices of the Peace Quorum Unus, and the 
Clerk of the Peace for said County. \^Passed December 16. 



CHAPTER 139. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON Y^^ AFFAIR OF 
GLOCESTER FIRST PRECINCT, DIVIDING IT INTO TWO PRECINCTS. 

A Petition of [Jabez] ^ Baker & divers others, Inhabitants of Legislative 
the first Precinct in Gloucester (of those that desire to remain at councif," 
the new Meeting House) Shewing that the method of maintaining ^^^^- ^1);^°^' 
two Ministers to preach alternately in both Meeting Houses will be Archives, xii. 
extreamly inconvenient for both parties ; and therefore praying that 



286. 



Nathaniel Coit and his Associates may be set off and made a sep- Archives, xii., 
arate Precinct. ie-f^^'^ 

The Committee to whom was refer'd the Petition of Nathaniel ccxiiii.,?!. 
Coit and others, to report a suitable dividing Line in the First Pre- Rifordsof the 
cinct in Glocester in order to make it into two Parishes or Precincts, ^j°""463''^^"'' 
are of Opinion that the said Dividing Line be as follows ; Beginning House Jour- 
at the North Easterly end of Squam Precinct Line by Sandy Bay, ^nte,^v^lC^' 
and to run as the said Line does to Squam River, and by that River chap.20;p. i64, 
to the Cove and Land which has Cpt. Aliens warehouse on the North- 
erly side, and Land late M"" Nathaniel Sawyers on the Southerly side, 
and so to run on the Northerly side of said Sawyers land to the High- 
way, and in the said Way to jVP Nymphas Stacys Corner, and thence 
Northerly in said way by M'' James Wallis's House and Land, includ- 
ing the same to the Northward, and on in the High Way that leads 
towards Sandy Bay to the parting path, so called, and in that way 
to another parting path near . . .MVithams house, and thence in 
the way to the Beach on the Sea Shear, and by the same round the 
Cape Pidgeon Cove and Sandy Bay into Squam Line aforesaid ; All 
the Lands, Estates, Houses & Inhabitants included on the North- 
erly and Westerly side of said Lines Way and Sea, or so many of 
the Inhabitants that have not petitioned that are thus included as 
shall manifest their Avillingness therefor by a Subscription under 
their hands and present the same to this Court in their next Ses- 
sions, be incorporated into one distinct Precinct, and all the remain- 
ing part of the present Precinct with su.ch others as shall not subscribe 
as aforesaid, with their Estates, be an other distinct Precinct, each 

* This is the name signed in the petition. 
2 Sic. 



188 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 140, 141.] 



to have the powei's and privileges that any other Precincts have or 
ought to have. The Committee further are of Opinion that the Lib- 
erty and Advantage given by a Vote of the Precinct to the Cape 
Inhabitants and thereaboutes now included in the Northerly Pre- 
cinct proposed to be made by this Eeport (if they subscribe as afore- 
said for the preaching the Gospel to them in the Winter season) be 
confirmed, and that the Allowance to be made them therefor out of 
the present Precinct Treasury be paid to the said Inhabitants of the 
Cape &" from out of the present Treasury, that shall include them 
in their Precinct Lines and Subscriptions as aforesaid, in such pro- 
portion as they and their Estates are rated at present. 

W** Dudley, By Order of the Comm'^'^'' 

Eead & 

Ordered that this Eeport be accepted and the first Precinct in 
Glocester is Divided into Two precincts accordingly by the Bounds 
abovementioned and that the Southerly part whereof, the Eev"^ mr 
John White is the present pastor be Accounted the first Precinct 
in the said Town of Glocester.' [^Passed December 17. 



CHAPTER 140 



Legislative 
Records of the 
Council, 
xvii. (3), 560. 
Mass. 

Archives, i., 
161. 

House Jour- 
nal, p. 118. 



VOTE DIRECTING THE PROVINCE TREASURER TO RECEIVE FLAX CER- 
TIFICATES IN PAYMENT OF TAXES. 

On A Motion made by OV Partridge Esq'' In behalf of one Nat' 
Clark a poor Constable In Brimfield Shewing that s"^ Clark took of 
Several persons In s'' Brimfield flax Certificates In Discharge of their 
province Tax amounting to the Sum of four pounds one Shilling 
& one penny old Tenor which Certificates were taken Agreeable to 
Law thereupon 

Voted that y'' province Treasurer be allowed & Directed to receive 
the S"^ Certificates of S"^ Constable In Discarge of the monies Due 
from S"^ Constable to the province Treasury to the Amount of the 
Afores** Sum The time for receiving the Same Into the Treasury 
being Elapsed Notwithstanding. \_Passed December 18. 



CHAPTER 141. 



Legislative 
Records of the 
Council, 
xvii. (3), 501, 
561. 

Mass. 
Archives, 
cxiv., 713-720. 
Maps and 
Plans, Mis., 
xxxii.j 22; 
xxxvii., 9. 
House Jour- 
nal, pp. 89, 117. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE AND DIVIDING 
THE TOWN OF SHREWSBURY INTO TWO PRECINCTS. 

A Petition of John Holland & divers others. Inhabitants of the 
Northerly part of Shrewsbury, setting forth the great difficulties 
they are under by reason of their remoteness from the place of 
publick Worship, and that they are a competent number to sup- 
port a Minister among themselves, and therefore praying that they 
may be erected into a Separate Precinct by the Bounds set forth in 
the Petition. 

The Committee to whom was refer'd the Petition of the North 
part of Shrewsbury with the South part of Lancaster, for dividing 

1 Not found in the House Journal. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 189 

the said Town of Shrewsbury into two Precincts, having met and 
heard the Parties and maturely considered the Allegations, are hum- 
bly of Oj)inion that the Northerly Part of Shrewsbury, with the 
Southerly part of Lancaster as contained in the Petition, be set off 
a distinct and separate Precinct by the following Bounds, viz'' Be- 
ginning at Worcester Line at an outside fence belonging to Phineas 
Haywood, North or Northwesterly of said Haywoods house, thence 
running about twenty rods South of Daniel Whitneys house, thence 
about four rods South of a large Chesnut Tree, standing in the road 
on a hill, commonly called Assery Hill, and about twenty five rods 
above a small Bridge, and so to Westboro Line, exactly squaring 
with a Line run by M"" Joseph Wilder thro said Town of Westboro, 
last winter, including Joseph Biglow, Aaron Newton, with their 
lands, and the lands of Daniel Whitney in the North Precinct, 
and all Phineas Haywoods lands to be and remain in the South 
Precinct : And are further of Opinion that the Ministry Lands 
lying within the North Part, should always be for the use & im- 
provement of the Minister for the time being that may be settled 
in the North Part aforesaid. And in as much as the South Part 
have freely offered to allow the North Part on their going off, in 
consideration of their Eight and Interest in the Meeting House, 
a certain sum of money, we apprehend it will be but reasonable 
that they make payment thereof, namely. Thirty two Pounds ten 
shillings lawful money, when the North Part have erected and 
covered a suitable Frame for a Meeting House for the Worship 
of God among them, and that they be vested with the Powers and 
Privileges of a Precinct accordingly. All which is humbly sub- 
mitted Eben'' Burrill. 

Read and 

Ordered that this Report be Accepted, and that the Town of 
Shrewsbury be divided into Two Precincts accordingly. \^Passed 
December 18.^ 



CHAPTEE 142. 

ORDER OF NOTICE ON THE PETITION OF EBEN" GUILE &c TO BE SET 
OFF FROM STOUGHTON TO ATTLEBORO. 

A Petition of Ebenezer Guile and Joshua Everet, shewing that Legislative 
the said Guile (who is of Stoughton) lives at a great distance from councif,*^ ^ 
the place of Publick Worship in Stoughton, and that the said Everet fia'ss^^^'^*''''' 
(who dwells in Attleborough) has lands in Stoughton; praying that Archives, cv., 

the said Guile and the Estates of both the Petitioners in Stoughton ^— 

be set off to the Town of Attleborough. Archives, cv., 

Read and joir^r'^*'i03 

Ordered that the Pet" serve the Town of Stoughton with a Copy *^^ '^' 
of this Pet° that they shew cause (if any they have) on the first 
fryday of the next May Session why the Prayer thereof should not 
be granted. [^Passed December 21. 

' This date is according to Legislative Records of the Council, xvii. (3) ; according to 
the House Journal the date is December 17. 



190 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 143, 144. J 



CHAPTER 143. 



Legislative 
Records of the 
Council, 
xvii. (3), 565. 
Mass. 

Archives, cv., 
231. 

Mass. 

Archives, cv., 
230. House 
Journal, 
pp. 122, 129. 



ORDER OF NOTICE ON JN^ STANNIFORDS PETITION. 

A Petition of John Stanniford of Boston, Shewing that as a 
Collector of the Taxes he demanded of Cpt. Pethuel Whiting the 
money for which he was taxed, and having a Power of Attorney 
from Cpt. John Furney to receive a sum of money due to him out 
of the Publick Treasury, he drew on the Treasurer to pay the Peti- 
tioner said sum, he having paid him what that sum exceeded the 
said Tax, that the Treasury not being supplied the Petitioner could 
not then receive his money, that soon after M' Thomas Gunter re- 
ceived the whole sum out of the Publick Treasury, by vertue of a 
Power of Attorney from the said Whiting, and refuses to pay it to 
the Petitioner; therefore praying for relief from this Court. 

Eead & 

Ordered that the Pef serve the adverse Party M' Tho^ Gunter 
with a Copy of this Pet" that he make Answer thereto on Fryday 
the 24*^^ Instant.* \_Passed December 21. 



CHAPTER 144. 

VOTE FOR RECEIVE THE MIDDLE TENOR BILLS INTO THE TREASURY 
FOR PUBLIC PAYMENTS. 



Legislative 
Records of the 
Council, 
xvii. (3), 570. 
Mass. 

Archives, cii., 
278. 

Legislative 
Records of the 
Council, xvii.. 
Mis., 361. 
House Jour- 
nal, pp. 125, 126, 
127. Ante, 
p. 116, chap. 
249. 



Whereas this Court by their Tote of the 16. April 1742 order'd 
that four pounds in Bills of the old Tenor & Twenty six shillings 
& eight pence in bills of the first new tenor otherwise calld middle 
tenor should be receiv d in all publick payments equal to Twenty 
shillings in bills of the last form & tenor & so pro rato ^ for a greater 
or less Sum 

Voted that the Treasurer Impost Officer & the several Constables 
& Collector^ thro' the Province be directed in all publick payments 
to continue to receive the bills of the old tenor at the aforesaid pro- 
portion to the bills of the Form & Tenor of the last emission : And 
that for the future in all publick payments Twenty shillings in bills 
of the middle tenor shall be receivd equal to Twenty shillings in 
bills of the last emission & so pro rato ^ and the Treasurer & all other 
Keceiuers are hereby orderd to govern themselues accordingly. And 
any deficiency in the Funds for drawing in the publick bills of Credit 
which shall arise in consequence hereof shall be sufficiently provided 
for by this Court. ^Passed December 24. 

^ On December 28"> the House of Representatives ordered that this petition be dis- 
missed (House Journal, p. 129). No record of concurrence or further action of any kind 
has been found. 

- Legislative Records of the Council, xvii. (3), 570, reads, "rata." 

^ Legislative Records of the Council, xvii. (3), 570, reads, "Collectors." 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 191 

CHAPTER 145. 

ORDER FOR BURNING MIDDLE TENOR BILLS. 

In the House of Rep'^'^' K^^'^lf^'^f h 
Voted that M'' Prout M'' Clap Cap* Cheever Col Porter Cap* Rich- council, 
mond M^ Boardman and Col Willard with sucli as the Hon'''<^ Board Mass.^^^' ^'^' 
shall Joyn be a Comm^^ to take an Ace* of the first new Tenor Bills Archives, cii., 
now in the Treasury, consume them to Ashes and report thereon. — — 

T ri •! House Jour- 

In Council nai, p. 126. 

Read and concurr'd and John Jeffries Daniel Russell, Samuel 
Watts and James Allen Esq" are join'd in the affair. \^Passed 
December 24. 



CHAPTER 146. 

ORDER GRANTING SAMUEL WITHERED A LICENSE AS AN INNKEEPER. 

A Petition of Samuel Withered of Boston, Innholder, Shewing Legislative 
that he has been Suddenly warned out of the House for which he couDc*if °* *^^ 
had a licence in the beginning of the year, and is now removed to xvii. (3)', 573. 
the House of Gillam Phillips Esq' formerly called the Rose Tavern; Archives, cxi., 

prayer ^ for liberty from this Court to carry on his said business ]}^ 

there until the time appointed by law for granting Licences. * Archives cxi 

Read and forasmuch as the Select Men of the Town of Boston n:. LegisiV* 
have signified that they have no Objection against the Pef* keep- tt7e^(^u°ncH!* °* 
ing a Tavern in the House where he now dwells : ^^V" ^^\^,v„^^* 

o 7 A7it€ jy 162 

Ordered that the prayer of the petition be granted, & that the chap! 83. 
Pef be admitted & allowed to be an Inholder, & keep publick 
Entertainm* in the House he now dwells in, for the Residue of 
the present Year, Provided he pay in his Excise already due, & 
enter into a new Recognizance with sufficient Sureties for his keep- 
ing good Rule & Order, & duly paying his Excise for the future 
before two of His Majesty's Justices of the peace for the County 
of Suffolk Quorum IJnus, & the Clerk of the peace for the said 
County.'^ [Passed December 24. 



CHAPTER 147. 

ORDER IMPOWERING THE INHABITANTS OF COLD SPRING TO LEVY A 
TAX OF ONE PENNY PER ACRE ON ALL LANDS. 

On THE Petition of the Inhabitants of Cold Spring, [ante, ^^s^si^tt^f 

p. 14.3, chap, doj Council, 

Read & it appearing that the Pet" have notified the Non-resi- Ma'ss.^^^' ^''*" 
dent Prop" as above directed, and no Answer being given in Archives, 

Ordered that the Prayer of the petition be so far granted as that - — — — '- 

the Pet" be allowed, & there is hereby granted a Tax of one penny Archives, 
^er Acre on all the Lands both improved & unimproved in the s*^ Legislative 
Plantation, to be paid by the Prop" to enable the Pet" to fulfill Records of the 

> Sic. 

* Not found in the House Journal. 



192 



Province I^A^Ys{IiesoIves, etc.). — 174:2-4.3. [Chaps. 148, 149.] 



Council, xiii., 
600; ibid., xvii., 
Mis., 450. 
Ante, p. 143, 
chap. 35. 



their Contract with their present Minister towards his Settlement, 
& further to enable them to carry on the building & finish the 
Meeting House already erected there, & the Pef® the resident Pro- 
prietors upon seasonable Notice given of time & place by M"" Sam- 
uel Bascom to assemble themselves together, & being so assembled 
to choose three or more Assessors, a Treasurer, a Collector or Col- 
lectors which Assessors shall be upon Oath justly to apportion the 
Tax aforesaid on the several Prop''^ of Lands there, & the same Tax 
& Apportionm* thereof thereof ' under their hands to commit to 
such Collector or Collectors who are hereby fully impowered to 
demand & receive the full of each Prop" Proportion in such List 
or Tax set down, & the same having received shall be obliged to 
pay to such Treasurer by him to be paid out for the Ends & pur- 
poses aforesaid agreable to such Orders as he shall receive from 
such Assessors or the Major Part of them Such Treas"" to lay 

his Accounts before some one of the principal nonresident Pro- 
prietors when thereto requested. 

The Inhabitants of said Township are hereby also directed when 
thereto required by any three or more of the Non-resident Proprie- 
tors to lay before them an Acco* of the disposal of all the Moneys 
by them rec'' in Consequence of a former Tax by this Court granted.'^ 
[Passed December 24. 



CHAPTER 148 



ORDER GRANTING £4 PER ANNUM DURING LIFE TO BENJAMIN ROCK- 
WOOD. 



Legislative 
Records of the 
Council, 
xvii. (3), 575. 
Mass. 
Archives, 
Ixxii., 6-22. 

Mass. 
Archives, 
Ixxii., 6-2-2-624. 
House .Jour- 
nal, p. 119. 



A Petition of Benjamin Eockwood of Wrentham, setting forth 
his services in the Indian War, called Philips War, and his suffer- 
ings by wounds & sickness, by which he has been much disabled, 
and praying for some allowance for his maintenance by this Court. 

Eead and in answer hereto 

Ordered that there be allowed out of the publick Treasury four 
pounds per Annum during life in consideration of his Services and 
Sufferings herein mentioned. [Passed December 24. 



CHAPTER 149. 



ORDER OF NOTICE ON DAN'- LEWIS'S PETIT'* RELATING TO A JUDG- 
MENT. 



Legislative 
Records of the 
Council, 
xvii. (3), 578. 

Ante, p. 179, 
chap. 119. 



On THE Petition of Daniel Lewis and Order thereon, [ante^ 
p. 179, chap. 119] 

Whereas the within named Petitioner, has not Notified James 
Eandal of the within Order; therefore 

Ordered that he serve the said James with a Copy thereof, seven 
days at the least before the Second Tuesday of January next when 
the Inferior Court is to be held at Plymouth by Adjournment.* 
[Passed December 28. 

1 Sic. 

" Not found in the House Journal. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 193 



CHAPTEK 150. 

VOTE FOR EXCHANGING BILLS OF CREDIT FOR BILLS OF THE MIDDLE 

TENOR. 

Voted that the Province Treasurer be and he hereby is directed Srds"of ti.. 
to exchange Bills of the last Emission for Bills of the Middle Tenour ^ouncii __^^ 
commonly so called, in the following manner, that is to say, a Twenty ^^"' ^' ' "' ' 
Shilling Bill of the last Emission for a Twenty Shilling Bill of the narp*^m 
MiddleTenour, and so pro Rata for a greater or less sum. {Passed 
December 29. 



CHAPTER 151. 

VOTE ALLOWING £15 PER ANNUM FOR THE SUPPORT OF A CHAPLIN 
AT FORT FREDERICK. 

A Petition of the Inhabitants of the Districts of Harrington, Legislative 
Townshend, and Pemaquid, in the Eastern Parts, Shewing their councif, °* ^'^^^ 
inability to support the Gospel Ministry among them, and moving 'l^^^-^^^''^^^- 
this Court to send a Chaplain to Port Frederick at Pemaquid, with Archives, xu., 

order to preach a proportion of his time in their Districts, for whose — 

encouragement they are willing to contribute according to the utmost ^^rcWves xii. 
of their power. 256. Legisia- 

[Read and the following action taken] Jf toe^^councu, 

Whereas it has been represented to this Court that the within hot'^c^jou/.^^* 
named Pet" have come under Engagments to pay annually at least nai, p. 132. 
£15 lawful Money to Such Person as shall be app^"' by this Gov- 
erment as a Chaplain at Fort Frederick, Therefore 

Voted that there be allowed and paid out of the Province Treas- 
ury in addition thereto the Sum of fifteen pounds per Annum 
towards the Support of Such Chaplain there during the present 
Establishment for said Fort made and provided. \^Passed Decem- 
her 31. 



CHAPTER 152. 

ORDER ON THE AFFAIR OF CHURCH AND BANISTER WITH STAY OF 

EXECUTION. 

A Petition of John Banister of Rhoad Island, Shewing that at o®^^^^^**^^ j^ 
the Superior Court held at Bristol in October last he brought his council, 
Writ of Review against Benanuel Bowers of Swanzey, but thro a 5^2"" Mass^^* 
mistake of the Clerk of the Court as to the sum sued for, the Writ Archives, xiii., 

was abated; therefore praying that the said Bowers's Executions :^ 

against him may be stayed till he can have a trial of the cause at Archives, xiii., 

+hp iipvt Cnnrt 164-178. House 

tne nexi i^ouri. journal, p. 134. 

In answer to the Several petitions and papers from Charles Church Ante, p. 74, 
Esq"", John Banister and Benanuel Bowers, now lying before this *^'^^' 
Court, 

Ordered that the execution obtain'd by said Bowers against Said 

Banister be Suspended till the issue of their action, to be try'd at 

the next Superiour Court of Judicature &'"^ next to be holden at 

. Bristol, within and for the County of Bristol, is known; and that 



194 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 153, 154.] 



what shall be thereupon due to the Said Bowers Shall discharge so 
much of the executions which said Banister has obtaind against 
him; and that upon Sheriff Church's paying to the Said Banister 
the remaining Sum due upon S*^ Executions, he have leave to return 
the two executions, referr'd to. Satisfied, the time for returning the 
Same being laps'd notwithstanding ; and that the Said Banister, in 
his two Actions against the Said Church recover only his reasonable 
Costs. \^Passed January 1. 



Legislative 
Records of the 
Council, 
xvii. (3), 545, 
583. 
Mass. 
Archives, 
xviii., 86. 

Mass. 
Archives, 
xviii., 84-96. 
House Jour- 
nal, pp. 109, 183. 



CHAPTEE 153. 

ORDER GRANTING SUSANNAH WALDOES PET" FOR NEW TRIAL OF AN 

ACTION. 

A Petition of Susannah Waldo Widow & Administ^ of Jonathan 
Waldo dec'' praying that she may have a new Trial at the next Supe- 
rior Court of Judicature for the County of Suffolk, of a cause between 
the Petitioner and Samuel Waldo Esq'', Judgment having been against 
her by default at the last Term, by reason of her Lawyers being sud- 
denly and without her knowledge called out of the Province, when 
the said Action was brought forward. 

Read together with the Answer of Sam' Waldo Esq"" & the Matter 
being fully considered 

Ordered that the Judgm* of the Sup'' Court within mentioned be 
& hereby is superseeded & set aside, & the Pef enabled to bring for- 
ward her Appeal to the Next Sup'' Court of Jud'' to be holden at 
Boston in the County of Suffolk in Feb'' next, & the Justices of the 
said Court are directed & impowered to hear & determine the S'' 
Cause, & award Execution thereupon accordingly. Provided the Pef 
give the Respondent such Security as shall be to the Satisfaction 
of the said Court for paying the Respond* the Costs hitherto sus- 
tained, as also of what Sum he may recover at the final Trial of the 
s*^ Cause, & that the Pef notify the Respondent of this Order four- 
teen days at least before the Sitting of the said Court. \^Passed 
January 1. 



CHAPTEE 154. 



Legislative 
Records of the 
Council, 
xvii. (3), 586. 
Mass. 

Archives, xlii., 
197. 

House Jour- 
nal, p. l.)7. 
Province 
Laws, ii., 1090, 
chap. IS. 



VOTE ABOUT Y^ CHOICE OF PETIT JURORS. 

Voted that the Select Men of those Towns, Who have not com- 
plyed with the late Law Entituled an Act for the better regulating 
the Choice of Petit Jurors be Enabled to take a List agreable to 
said Act the time appointed by the said Act for taking such List 
being elapsed notwithstanding. \Passed January 5. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 195 



CHAPTER 155. 

ORDER ACCEPTING THE COMMITTEES REPORT ON THE PETIT^ OF BENJ 
COLTON AND GRANTING A NEW TRIAL WITH STAY OF EXECUTION. 

A Petition of Benjamin Colton of Springfield, praying that he Legislative 
may be admitted to a new trial of an Action brought against him counl^if,*'***'^ 
at the Inferior Court of Common Pleas for the County of Suffolk xv"- (j^)|>J2o, 
by John Johnson of Bolton,' Judgment having been against the Archives,' kin., 

Petitioner by default, by reason of the [absence or forgetfulness 11^: 

of the petitioner's attorney] ' _ Archives, xiii.. 

The Committee to whom was refer'd the Petition of Benjamin ish^ws. tegis! 
Colton of Springfield in the County of Hampshire, and the answer oVufe Coimcu, 
of John Johnson of Boston thereto, report as follows: That ^^];^^^}^-^^^^- 

the prayer of the Petition be granted, and that the Petitioner have nai, pp. 99,106, 
the liberty of an other Trial of the Action refer'd to in the Petition ^^^" 
at the next Superior Court of Judicature to be holden at Boston for 
the County of Suffolk in February next, and that the Justices of the 
said Court be impowered and directed to hear and try the same, and 
that Execution be staid in the mean time ; Provided the Petitioner 
first give said Johnson sufficient Security that if he the said Johnson 
recover of the Petitioner two hundred and twenty pounds old Tenor, 
to pay him that sum or so much of it as he shall recover. All 

which is submitted. 

In the Name of the Committee John Osborne. 

Eead & 

Ordered that this Eeport be accepted, and that the petitioner 
have a Tryal accordingly. \_Passed January 5. 



CHAPTER 156. 

ORDER ANNEXING THE ESTATE OF THO. CHASE TO THE WESTERLY 
PARISH OF NEWBURY. 

A Petition of Thomas Chase of Newbnry, Shewing that the Legislative 
greatest part of his Farm that he lives upon, lies within the West- cmmcif.''**''^ 
erly Precinct in said Town, but it happened that in settling the ^j!,'*;^^^''^^*- 
Line of said Precinct, his house and ten Acres of Land happened Archives, cv., 

to be put to the lower Precinct ; praying that the same may be added "^J^ 

to the said West Precinct. SiTp^m'"" 

Eead and Province 

Ordered that the Prayer of the Pet'' be granted, and the ten Acres chapf'ef '' ' 
of Land herein mentioned with the buildings thereon be and hereby 
are Annexed to the Westerly Parish in said Newbury there to do duty 
and recieve Priviledge accordingly. \^Passed January 5.^ 

* Sic, for "Boston," in Mass. Archives. 

" The words in brackets supplied in substance from Mass. Archives, xlii., 142. 
^ This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council, xvii. (3) , the date is January 7. 



196 



Peovince Laws (i?eso/ves, etc.). — 1742-43. [Chaps. 157-159.] 



Legislative 
Records of the 
Council, 
xvii. (3), 590. 
Mass. 

Archives, cv., 
229V2. 

House Jour- 
nal, p. 137. 
Ante, p. 183, 
chap. 128. 



CHAPTEK 157. 

VOTE REFERRING TO MARSHFIELD AND SCITUATE LANDS. 

Voted that all the lands under the Improvement of Otiss Little 
Esq'' lying within the Lines of the North Precinct of the Town of 
Marshfield; and all that Part of Scituate called the Two mile, be 
continued, and remain to the Same precincts they belonged to before 
an Order of this Court pass*^ the Twenty fourth of December last, any 
thing contained therein to the Contrary notwithstanding. \^Passed 
January 6. 



CHAPTER 158. 



ORDER GRANTING JOHN WARD A LICENCE TO KEEP AN INN. 



Legislative 
Records of the 
Council, 
xvii. (3), 590. 

House Jour- 
nal, p. 137. 



A Petition of John Ward of Lyn in the County of Essex Shew- 
ing that whereas M'' Mower left the Inn in the town belonging to 
Jacob Wendell Esq'' he was prevailed upon by many Gentlemen of 
that and the neighbouring towns to undertake the keeping that Inn ; 
& therefore praying that he may be impowered by this Court till such 
time as he may obtain a licence according to Law. 

Eead, and in answer thereto, 

Ordered that the Justices of the General Sessions of the Peace 
be and hereby are allowed and impowered if they see cause, to grant 
the Petitioner a Licence in the House he now dwells in, the remain- 
ing part of the year, the time for granting Licences being elapsed 
notwithstanding. [Passed January 6. 



CHAPTER 159. 



ORDER GRANTING BETTY RAPER AN APPEAL FROM A SENTENCE. 



Legislative 
Records of the 
Council, 
xvii. (3), 513, 
591. 

Legislative 
Records of the 
Council, 
xvii. (3), 515. 
House Jour- 
nal, pp. 96, 130, 
138. 



A Petition of Betty Paper of Reading by her Father and Guar- 
dian Stephen Paper, complaining of great injustice in a sentence 
pass'd by Jonathan Pool Esq'' one of His Majestys Justices of the 
Peace for the County of Middlesex upon complaint of Martha Mac- 
cantire for her stealing sundry things; and praying that she may 
be allowed to appeal to the Court of General Sessions of the Peace 
next to be holden for the said County. 

Joseph Wilder Esq'' from the Committee of both Houses on the 
Petition of Betty Paper, gave in their Report : 

Read and 

Ordered that this Report be accepted and that the Petitioner be 
and hereby is enabled to Appeal from the sentence mentioned in 
the Petition, to the Justices of the General Sessions of the Peace 
to be holden at Charlestown within and for the County of Middle- 
sex on the second Tuesday in March next, and the Justices of the 
said Court are impowered and directed to hear the complaint and 
proceed therein according to law; Provided the Petitioner find Sure- 
ties to prosecute her Appeal with effect, and be of good behaviour 
in the mean time. [Passed January 6. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 197 



CHAPTER 160. 

ORDER OF NOTICE ON THE COMMITTEES REPORT ABOUT MALDEN 

FARM. 

Samuel Danforth Esq^ from the Committee of both Houses on Legislative 
the affair of Maiden Farm gave in the following Eeport, viz' Councif ^^ ^^^ 

The Committee appointed by the Great and General Court to xvii. (3)', 591. 
enquire whether there be a thousand acres of land in the Town Mass. 
of Worcester or Shrewsbury belonging to this Province and not ^e^^'^Legi^ia- 
disposed of, and to report thereon: upon a careful inspection of H^*'/^^^^''*!^*'* 
the publick Eecords, find that in the year 1662 this Court granted iv., 397, 466,641; 
one thousand Acres of laud for the use of the Minister of Maiden 283"':^^ousr' 
forever, and that in the year 1665 the thousand Acres aforesaid Journal, p. 137. 
were laid out, and a Plan thereof returned to and accepted by this Laws, ix., 503, 
Government. They also find that in the year 1668 when the Plan- ''^^'^- ^^• 
tation, afterwards called Worcester was granted, the thousand acres 
before granted and laid out to Maiden (and included within the said 
Plantation) was excej)ted out of the Grant made to the Proprietors 
of Worcester. It likewise appears to the said Committee that some- 
what more than forty years since the town of Maiden employing a 
Surveyor to renew the bound of the land out out ' to them, as afore- 
said, the Surveyor lighting *on a tract of Land (nine hundred acres 
whereof now lies in Shrewsbury and an hundred acres in the Town 
of Holden) which bare some small resemblance of Maiden grant, 
as described in the Plan thereof returned to this Court, he surveyed 
said Tract and bounded it out as belonging to Maiden, and the same 
has been ever since claimed by them as their Farm, & this Govern- 
ment in the year 1717 in their Grant to the Proprietors of Shrews- 
bury reserved said Tract (then reputed to belong to Maiden) and 
excepted it out of their Grant, In consequence of which two excep- 
tions out of the grants of Worcester and Shrewsbury, it evidently 
appeared to the Committee that there was about a thousand Acres 
(^ in one or the other of those towns which still belong to the Prov- 
ince, unless the same has been otherwise disposed of, which we 
do not find, nor have heard it so much as suggested by any per- 
son whatever. The Committee hereupon repairing to the Towns 
of Shrewsbury and Worcester (viz* that part of it now called Hol- 
den) attended by such as thought themselves concerned, they care- 
fully viewed the several Tracts aforesaid, opened sundry marked 
Trees in order to discover when they were marked, compared the 
appearances and circumstances of each of said Tracts with the 
Original Plan of Maiden farm and fully heard and considered what 
ever any person had to offer that might assist the Committee in 
their inquiry, and finding that the afore mentioned Tract of Land 
in Holden with respect to its situation from the South West Corner 
of Lancaster and of an high rocky hill, the figure in which it was 
laid, the position form and course of the Brook and Meadow con- 
tained within it, and such of the Bound Marks as yet remain (which 
appear as ancient as the date of the Plan aforesaid, whilst those in 
the other Tract in Shrewsbury appear but half so old) doth so exactly 
correspond with the description of Maiden as given in the Original 
Plan thereof in the Eecords of this Court, as to afford the highest 
evidence the nature of the thing will admit of, that the same was 

1 Sic. 

» End of parenthesis not shown. 



198 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. IGl, 162.] 



anciently laid out to satisfy the Grant to Maiden, as the same is 
decyphered on the Plan hereunto annexed : and that therefore the 
other Tract in Shrewsbury of later years reputed to be Maiden Farm, 
doth of right still belong to the Province, and that the Proprietors 
of Shrewsbury nor yet the Church of Maiden have any just claim 
to it by vertue of any grant from this Government. And altho the 
Church of Maiden by force of their possession have maintained 
Actions of Trespass and Ejectment brought against such as had 
entered on these lands, without lawful right so to do, yet the Judg- 
ments so obtained cannot (as we apprehend) in any measure, bar or 
weaken the claim of the Province to those lands, how far so ever 
the consideration of the great trouble charge and expence said Town 
have been at to obtain the quiet possession thereof, may recommend 
them to the favour and compassion of this Court. Which is 

humbly Submitted. 

By order of the Committee Sam"- Danforth. 

Eead and 

Ordered that the Petitioner Daniel How serve the Proprietors of 
Shrewsbury and Holden, M"" Emerson Minister of the first Church 
of Maiden, Cyprian Stevens, and others, dwelling on the farm rep- 
resented by this Eeport to belong to Maiden, with Copies of this 
Eeport, that they shew cause if any they have on the first Tuesday 
of the next Sitting of this Court, why the Report should not be 
accepted.' {^Passed January 6. 



Legislative 
Records ol the 
Council, 
xvli. (3), 597. 
Mass. 
Archives, 
cxv., 8. 

House Jour- 
nal, p. 140. 
Province 
Laws,iii.,50, 
chap. 31. 



CHAPTER 161. 



VOTE EXEMPTING TOPSHAM INHABITANTS FROM TAXATION THIS YEAR. 

Voted that the Inhabitants of the Plantation called Topsham be 
freed from paying any Taxes this Year, foras much as no considera- 
tion has been had of the Inhabitants there in the proportioning of 
the Neighbouring Towns. Any Clause in the Tax Act notwith- 
standing. \^Passed January 8. 



CHAPTER 162. 

VOTE REFERRING TO THE MAKING AND SIGNING OF BILLS OF CREDIT. 

Rlfirdfof the Voted that the Committee to be chosen by this Court for signing 

Councif,*' ^ the Bills of Credit consist of Eight Persons; that the Bills of the 

xvli. (3), .599. ^^g^ p^^^^g ^g signed by Six, the Second Plate by Three, and the 

narpp^i4ia42. Third by two of the Committee; that the Committee employ one 

z«/ra, chap. ' person of good reputation to attend constantly at each Press while 

^^* the Bills are striking off, and to take charge of the Plates and to 

deliver the same to the Committee or some one of them they shall 

agree upon; and as soon as the whole sum ordered by the Court 

shall be struck off, the Plates shall be lodged at the Treasurers, till 

the further Order of this Court; and the two Persons so appointed 

shall be under Oath for the faithful discliarge of their Office ; that 

1 Final action on this matter, House Journal, p. 196, and Legislative Records of the 
Council, xvii. (3), 325, was lost for want of the Governor's signature. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1742-43. 199 

the Bills be signed in the Town of Boston at the Houses or Places 
of Abode of the Committee; that the Committee be allowed Thirty 
one Shillings for every thousand of Bills by them numbered and 
signed and delivered to the Treasurer. {^Paused January 11. 



CHAPTER 163 



ORDER WITH STAY OF EXECUTIONS REFERRING THE MEM*^ OF JOHN 
RUSSEL ESQK RELATING TO QUAKERS. 

A Memorial of John Eussel Esq'' Sheriff of the County of Barn- Legislative 
stable, Shewing that he hath twelve Executions against so many of councu^ °* ^^^ 
the People called Quakers in the Town of Sandwich, for not appear- xvii. (3),6oo. 
ing under arms at trainings, and not being furnished with arms and House Jour- 
ammunition as the law directs; that he is fully persuaded that they °* '^^' ' 
will subject their bodies to be taken in Execution and go to Prison, 
rather than to pay their Fines, on pretence of conscience; therefore 
praying that this Court would give Order to the Memorialist how to 
proceed in the premisses. 

Read and 

Ordered that the consideration of this Memorial be refer'd to the 
next May Session, and that Executions herein mentioned be stayed 
in the mean time. [Passed January 11. 



CHAPTER 164. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
RORT MORTON FOR LEAVE TO ENTER AN ACTION. 

A Petition of Robert Morton ' of a place called Harrington in Legislative 
the County of York, coaster. Shewing that one Thomas Bodkin councif *^* *^^ 
sued him at the Inferior Court for the County of Essex, that upon xvu. (3)', eoo. 
discoursing with the said Bodkin he promised not to prosecute the Archives, xiii., 

xiction, upon which the Petitioner relied, and did not appear to '^ 

defend it; but the said Bodkin took advantage of his absence, & Mass. 
pursued the action and obtained Judgment by Default against him ; i98.' House "' 
And therefore praying that he may be impowered to enter his said Journal, p. 142. 
Action^ anew at the next Inferior Court for said County and have a 
fair Trial, & that Execution may be stayed in the mean time. 

Read and 

Ordered that the Pef serve the adverse Party Tho^ Bodkin with 
a Copy of this Pet" that he shew Cause if any he hath on Fryday 
next if the Court be then sitting if not on the first Fryday of the 
next session why the Prayer thereof, sh*^ not be granted And Exe- 
cution within mentioned is staid in the mean time. [Passed Jan- 
uary 11. 

' The House Journal, p. 142, reads, " Martin." 

^ Mass. Archives, xlii., 199, for " enter his said Action," reads, "reenter said Action," 
— that is, to have the original action re-entered for trial. 



200 



Province Laws {Resolves, etc. ) . — 1742-43. [Chaps. 165-167.] 



CHAPTER 165. 



ORDER APPOINTING A COMMITTEE TO SIGN BILLS OF CREDIT. 



Legislative 
Records of tiie 
Council, 
xvii. (3), 601. 

House Jour- 
nal, p. 142. 
jSwpra, chap. 
162. 



The Two Houses proceeded to the Choice of a Committee for 
signing of Bills according to Order, and the following Persons were 
elected by the Major Vote of the Council and House of Eepreseuta- 
tives for tJie said service, viz' John Jeffries Esq% Josiah Willard Esq"", 
Samuel Danforth Esq"", John Quincy Esq% Daniel Epes Esq'' John 
Chandler Esq'', Thomas Hutchinson Esq" and M'' Eowland Cotton. 

And the Secretary having laid a List of the said Committee before 
His Excellency the Governor, he wrote thereon as follows, viz* 

I approve the Choice of the above named Persons for the Service 
above mentioned. \_Passed January 11. 



CHAPTER 166. 



VOTE ALLOWING £81 FOR PRESENTS TO Y^ 

PENSION. ■ 



INDIANS IN LIEU OF A 



Legislative 
Records of the 
Council, 
xvii. (3), 602. 
Mass. 
Archives, 
xxxi., 435. 

Mass. 
Archives, 
xxxi., 436. 
House Jour- 
nal, p. 148. 



Voted that in Lieu of the Pension which has been for several 
Years given to some of the Indians. 

There be granted and Allowed to be paid out of the Publick 
Treasury (for this Year) the Sum of Eighty One Pounds into the 
hands of the Officer for carrying on the Truck Trade to be by him 
distributed by and with the Advice and direction of the Governoiir 
and Council unto the several Tribes of Indians in Powder, Shott 
and Provisions as shall be most for the publick Interest. The said 
Officer to be Accountable. [^Passed January 12. 



CHAPTER 167. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JOSIAH BURT TO BRING FORWARD A WRIT OF REVIEW. 



Legislative 
Records of the 
Council, 
xvii. (3), 602. 
Mass. 

Archives, xlii., 
196. 

Mass. 

Archives, xlii., 
195. House 
Journal, 
pp. 142, 143. 



A Petition of Josiah Burt of Dighton in the County of Bristol, 
shewing that Samuel Andrews of said place commenced an Action 
against him (when he was out of the Province) at the Inferior Court 
for the said County in September last, but the Petitioner being re- 
turned while the Court was sitting would have re-entered his action 
after Judgement went against him by Default, but was prevented 
by the fair pretences of the said Andrews to accommodate the mat- 
ter, which he now utterly refuses to do, and has taken out an Exe- 
cution; And therefore praying for liberty from this Court to review 
the said Action at the next Inferior Court for said County, & that 
Execution may be stayed in the mean time. 

Eead and 

Ordered that the Pef serve the Adverse Partie Sam^ Andrews 
with a copy of this Pet" that He Shew cause if any he hath on the 
first tuesday of the next sitting of this Court why the prayer thereof 
should not be granted: And Execution within mentioned is stayed 



[2d Sess.] Province Laws (i2e6-o/yes, ete.). — 1742-43. 201 

in the mean time provided the Pef give good and sufficient Security 
to the Sheriil of the County of Bristol for the payment of what the 
said Andrews may finally Obtain Judgment of Court for. [Passed 
Janum^y 12. 



CHAPTER 168. 

ORDER ACCEPTING THE COMMITTEES REPORT ON THE HOUSATANUCK 

AFFAIRS. 

Upon- reading the Report of the Committee on the Housa- 
tanuck affairs: 

Ordered that this report be So far accepted as that untill the Legislative 
further order of this Court, the Inhabitants of the upper-town- coSncn!°"^® 
ship, together with those on the Tract of Land lying between the xvii. (3)', eio. 
Said upper Township & the Indians Land, which Tract of Land is Archives, cxv., 

Bounded as followeth, viz: begining on the most northwesterly i!l£: 

Corner of the Indian Land in tlie West line, of the Town of shef- ^^/^p^ ^i?,*? 

n ^ ^ • t-i j t n ■ t t i- t t -n • /- Plans, Mis., 

iield runiiig Lasterly on Said Indian Land, till it Comes to a Beach xxxvii.,3o. 
Tree marked, near the mouth of Green River, then turning Some nai"pp 151^152. 
thing northerly : and Leaving to Sheffield ; a Small peice of meadow ^^'J^'^- \^f'' 
or Intervall of Said Indian Land, till it Comes to raing ' the Line & ' ' ' 
Beach Tree on the Easterly Side of Said meadow: or Intervall. & 
thence to Continue s*^ line, till it intersect the East Line of Shef- 
field, propriety be and hereby are impowered. by a major Vote at 
a meeting or meetings, properly Called for that purpose, to raise 
money, for the Bui[l]ding a Convenient meeting House: for the 
Publick Woi-ship of God. in Such place, on Said Lands, as they 
shall agree upon: and also from time to time, to agree with, & 
Support an able Lerned And orthodox minister, to preach the 
Word among them, the money to be assessed, on Each right of 
the before described Lands And other Grants to them annexed: 
in Equall proportions Sufficient for the purposes afores*^ to be paid 
by the proprietors in aportioning of AYhich, the Land Granted to 
Cap* John Spur shall be accounted equall to two rights. & Cornrod 
Burgherts two hundred acres Lying on Green River, to be accounted 
as half a right: the money So assessed, by a Commity Chosen by 
the proprietors, and to be Colected, by Such proper person or per- 
sons on oath as the Said proj^rietors. shall here unto appoint in the 
Same manner as parish rates are, or may by Law be Colected, within 
this Province : takeing for his or their Warrant : therein, the order 
of Said proprietors commity. provided that nothing herein Con- 
tained, shall be Construed to alter the right or Intrest of any pro- 
prietors in any of Said Lands. [Passed January 13.' 



CHAPTER 169. 

ORDER ALLOWING £400 TO THE JUDGES. 



Ordered that the Sum of four hundred pounds be granted & Rlfor^lg^Jfthe 
allowed to be paid out of the publick Treasury to the hon^'® the Council, 

* Legislative Records of the Council, xvii. (3), 615, reads, "range." 
^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (3), the date is January 14, and the House Journal is January 15. 



202 



Province Laws (i?e6-o?yeA',e^c.). — 1742-43. [Chaps. 170-173.] 



Mass. 
Archives, 
xlii., 203. 

House .Tour- 
nal, p. 144. 



Justices of his Majestys Sup'' Court of Jud"' Court of Assize & 
Gen' Goal Delivery for their Services for one Year ending the first 
day of Januarjfi Instant. [Passed January IS. 



CHAPTEE 170 



Legislative 
Records of the 
Couucil, 
xvii. (3),604. 

House Jour- 
nal, p. 144. 
Infra, chap. 
171. 



ORDER ALLOWING £40 TO THE SECRETARY. 

Ordered that the sum of Forty Pounds be granted and allowed 
to be paid out of the publick Treasury to Josiah Willard Esq'' Sec- 
retary of this Province in full for his service, for One year ending 
the third Day of December last, [Passed January 13. 



CHAPTER 171. 



Legislative 
Records of the 
Council, 
xvii. (3), 605. 

House .Jour- 
nal, p. 144. 
Supra, chap. 
170. 



ORDER ALLOWING £60 ADDITIONAL TO Y^ SECRETARY. 

Ordered that the sum of Sixty Pounds be granted and allowed 
to be paid out of the publick Treasury to Josiah Willard Esq'' Sec- 
retary &^ in consideration of his extraordinary Services, to the third 
Day of December last. [Passed January 13. 



CHAPTER 172 



Legislative 
Records of the 
Council, 
xvii. (3), 605. 

House Jour- 
nal, p. 144. 



ORDER ALLOWING £150 TO THE TREASURER. 

Ordered that the sum of One Hundred and Fifty Pounds be 
granted and allowed to be paid out of the publick Treasury to 
William Foye Esq"" Treasurer and Receiver General of His Maj- 
estys Revenues within this Province, for one year ending the Second 
day of January Instant. [Passed January 13. 



CHAPTER 173 



Legislative 
Records of the 
Council, 
xvii. (3), 605. 
Mass. 
Archives, 
Iviii., 327. 

House Jour- 
nal, p. 144. 



ORDER ALLOWING £200 TO THE PRESIDENT OF THE COLLEGE. 

Ordered that the Sum of two hundred pounds be granted & 
allowed to be paid out of the publick Treasury to the Rev"^ Edward 
Holyoke President of Harvard College over & above the Rents of 
Massachusetts Hall for one Year ending the tenth of Sep"" next, 
to be paid Quarterly. [Passed January 13. 



[2d Sess.] Province Laws {liesolves, etc.). — 1742-43. 203 

CHAPTER 174. 

ORDER ALLOWING £25 TO REV" EDWARD WIGGLESWORTH. 

Ordered that the Sum of twenty five pounds be granted & allowed ^fc^j^^g 
to be paid out of the publick Treasury to the Rev*^ Edward Wiggles- iviii., 328.' 
worth Hollisian Professor of Divinity at Harvard College in Cam- House Jour- 
bridge as a Gratuity in Consideration of his faithfull discharge of °*ii>p-i^- 
that great & important Trust reposed in him, & for his further En- 
couragem* therein. [^Passed January 13. 



CHAPTER 175. 

ORDER ALLOWING 1/ 6 PER DIEM TO THE SPEAKER. 

Ordered that there be granted and allowed to be paid out of the Legislative 
publick Treasury one shilling and six pence per Diem to the Hon^^'' council*, °^*'^^ 
Thomas Cushiiig Esq"" Speaker of the House for every day of his xvii.(3),605. 
Attendance in the General Court from the Opening of the Sessions House Jour- 
on the 26*^'' of May 1742. to the end of this year, in consideration "^^'P* 
of his constant application in dispatching the publick affairs of the 
Province. [^Passed January 13. 



CHAPTER 176. 

ORDER ALLOWING £45 TO THE CLERK OF THE HOUSE. 

Ordered that the sum of Forty five Pounds be granted and allowed ^^^'®|f*^^f tj, 
to be paid out of the Publick Treasury to M"" Roland Cotton, Clerk council, 
of the House for his Service in that trust this present year. \^Passed xvn- (3),606. 
January 13. S"i^"" 



CHAPTER 177. 

ORDER ALLOWING £10 TO THE CHAPLAINS OF THE COURT. Legislative 

Kecords of the 
, Council, 

Ordered that the Sum of ten pounds be granted & allowed to be xvii.(3),606. 
paid out of the publick Treasury, viz* One half to the Rev*' Chap- Archives, xii., 
lain of the hon^'*' Board the present Year, The other half to the '^ 



Rev'' Samuel Checkley the Chaplain of the House for their respec- na*i"*^ i^""^" 
tive Services the present Year. \^Passed January 13. 



204 



Province Laws (i?eso/ye.s', e^c). — 1742-43. [Chaps. 178-182.] 



CHAPTER 178. 



Legislative 
Records of ttie 
Council, 
xvii. (3), 606. 
Mass. 

Arcliives, xx., 
334. 

House Jour, 
nal, p. 146. 



ORDER ALLOWING £300 TO THE EXECUTORS OF FRA: WILKS ESQb. 

Voted that the Sum of three hundred Pounds be granted and 
allowed to be paid out of the publick Treasury to the Executors 
of Francis Wilks Esq'' Dec'd or their Attorney (for the Use of his 
Heirs) in full Consideration for his Service as Agent of this Prov- 
ince. [Passed January 13. 



CHAPTER 179. 



ORDER ALLOWING £50 TO RIC. HUBBARD. 



Legislative 
Records of the 
Council, 
xvii. (3), 606. 

House Jour- 
nal, p. 145. 



Ordered that the sum of Fifty Pounds be granted and allowed 
to be paid out of the publick Treasury, to M'' Eichard Hubbard 
Door Keeper to His Excellency the Governor & this Court, in full 
for his service one year ending the Nineteenth day of February 
1743, the said sum to be paid Quarterly as it shall become due. 
[Passed January 13. 



CHAPTER 180. 



Legislative 
Records of the 
Council, 
xvii. (3), 60V. 
Mass. 
Archives, 
xlix., 168. 

House Jour- 
nal, p. 145. 



ORDER ALLOWING £5 ADDITIONAL TO RIC. HUBBARD. 

Voted that the Sum of five Pounds be granted & allowed to be 
paid out of the publick Treasury to M" Eichard Hubbard Door- 
keeper &c in Consideration of the great Scarcity and high prices 
of the Necessaries of Life. [Passed January 13. 



Legislative 
Records of the 
Council, 
xvii. (3), 607. 
Mass. 

Archives, xlii., 
202. 

House .loiir- 
nal, p. 145. 
Province 
Laws, ill., 25, 
chap. 9. 



CHAPTER 181. 

ORDER ALLOWING £37 TO THE JUSTICES OF THE SPECIAL COURT AT 

NANTUCKET. 

Voted that the Sum of thirty seven pounds be granted & allowed 
to be paid out of the publick Treasury to the five Gent" appointed 
to hold a Court of Assize on the Island of Nantucket in Aug* last 
in full Consideration of their Trouble & Charge in that Affair. 
[Passed January 13. 



CHAPTER 182. 



Legislative 
Records of the 
Council, 
xvii. (3), 607. 

House .Tour- 
nal, p. 143. 
Ante, p. 198, 
chap. 162. 



VOTE FOR MAKING £8,000 IN BILLS OF CREDIT FOR EXCHANGE FOR 
MIDDLE TENOR BILLS OF CREDIT. 

Voted that the Committee appointed to strike off Publick Bills 
of Credit &*= be directed to strike off and compleat Eight Thousand 
Pounds as soon as may be and deliver them to the Treasurer in order 
to exchange the Middle Tenor Bills. [Passed January 13. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 205 



CHAPTEE 183. Ka%%he 

Council, 
xvli. (3), 607. 
VOTE ABOUT CHARLESTOWN BATTERY. Mass. 

Archives, 
. . lxxli.,(;84. 

Voted that the Town of Charlestown in Consideration of the ■ 

m 11 'A-iiiTi 1 • r^ House Jour- 

Uraiit made them in April last be allowed to mount but six Gruns nai, p. i4t>. 
eighteen pounders, the eight required in said Vote notwithstanding, chap! -ia-i.^^' 
\^Passed January 13. 



CHAPTER 184. 

VOTE REFERRING THE NEW SHERBURN PETITION. 

On the Petition of the Inhabitants of a Tract of Land called Rgfordsof^th 
New Sherburn \^ante, p. 144, chap. 39] Council, 

Voted that this Petition together with the Plan of New Sherburn, -^^»- (3).608. 
the Province Land, and farms adjoining be refer'd to the next Ses- ^hap. 39.^^' 
sion of this Court for further consideration.' \^Passed January 13. 



CHAPTER 185. 

VOTE FOR ALTERING THE PLATES OF THE BILLS OF CREDIT. 

Voted That the Committee for signing the publick Bills be directed ^fp®'^**^? ty. 
to cause the following alterations to be made in the plates viz 1\\ the council, 
middle plate the Four shilling bill to be alterd to Half a Crown & MTass.^^^'*^^^' 
the three shilling to fifteen pence & that in the lowest plate the two ^IS^'^^^^' *^"-' 

shilling bill be alterd to Nine pence & the Eight penny bill to Three — ^ — 

pence nai, p. ue. ' 

And that one half of the Sum in Bills to be struck ofE be from Laws°i?L 68 
the first plate One thousand pounds from the lowest plate & the note. ' Ante,' 
remainder from the middle plate. \^Passed January 14. ies. '^^^^' 



CHAPTER 186. 

VOTE FOR ENDORSING THE TIME OF RECEPTION ON PETITIONS. Legislative 

Records of the 

Ordered that the Secretary of this Province, his Deputy or Clerk, xvii. (S)', 610. 
and the Clerk of the House of Eepresentatives, respectively, be and Archives, 
hereby are directed to endorse on each petition bro't into either House, ^"^•' ^^^- 
the time when the Same was receiv'd by them. {^Passed January 14. ^^^^^ '[^- 



CHAPTER 187. 

VOTE GRANTING £1,100 FOR REPAIRS AT CASTLE WILLIAM. fe^^lslatlve 

Records of the 
Council, 

Voted that the Sum of Eleven hundred pounds be and hereby is Ma'ss^^''^^"' 
granted and allowed to be paid out of the publick Treasury for Arc^ivcB, 

' Not found in the House Journal. 



206 



Province Laws (i?e.so/res, ete.). — 1742-43. [Chaps. 188-190.] 



House Jour- carrying on and compleating the necessary repairs at Castle Wil- 

Provmcf' liam And that the said Sum Specially Appropriated in the late 

Laws.^n., 1078, Supply Bill be paid into the hands of the Comni''* of this Court 

Ante, p."i09, appointed for that purpose, 

p^m.fbap. The s'^ Comni'"' to be accountable. [Passed January 14. 

261." ' 



Legislative 
Kecords of the 
Council, 
xvii. (3), 612. 
Mass. 
Archives, 
Ixxii., 636. 

House Jour- 
nal, p. 148. 
Province 
Laws, ii., 1078, 
chap. 11. 



CHAPTEK 188. 

VOTE ALLOWING £39 TO NORTH YARMOUTH FOR GUNS &c. 

Voted that the Sum of thirty Nine pounds be Allowed and paid 
out the Publick Treasury, out of the Six Thousand five hundred 
pounds Appropriations for Repairing Forts & Garisons &ct To the 
Selectmen of the Town of North Yarmouth to be Imploy'd in pur- 
chassing such Swivill Guns Small arms. Bullets powder &ct as The 
Cap* Generall shall direct to for the defence of Said Town They 
giving Sufficient Security to the province Treasurer That Said mony 
shall be Apply'd for Said purpose and for no Other use whatsover. 
[Passed January 14. 



CHAPTER 189 

ORDER OF NOTICE ON THE PETITION OF ELK" LEONARD FOR A JURY 
TRIAL OF AN ACTION. 



Legislative 
Records of the 
Council, 
xvii. (3), 612. 

House Jour- 
nal, p. 148. 



A Petition of Elkanah Leonard, Shewing that at the Inferior 
Court of Common Pleas for the County of Plymouth in May last, 
he sued William Woodside on a Note of Hand, and Judgment was 
against the Petitioner, from which he appealed to the last Superior 
Court there, and not being able to attend himself, he appointed an 
Attorney to appear for him, who entirely neglected his business, by 
which means the first Judgment was affirmed ; therefore praying that 
he may have a Trial by a Jury at the next Superior Court for the 
said County. 

Read and 

Ordered that the Petitioner serve the adverse party the said Wil- 
liam Woodsider ' or his Attorney M"" Benjamin Kent, with a Copy 
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. [Passed January 14. 



CHAPTER 190. 

VOTE GRANTING 200 ACRES OF LAND TO CON. BURGHERT FOR SER- 
VICES. 



Legislative 
Records of the 
Council, 
xvii. (3), 166, 
613. Mass. 



A Petition of Conrade Burghert of Sheffield, Setting forth the 
great charge and trouble he has been at in getting the land at Hou- 
satanuck surveyed, and in defending the Province Right to it, with 



Stc. 



[2d Sess.] Province Laws [Resolves, etc.). — 1742-43. 207 

other services, and therefore Praying that this Court wonkl make him Archives, 
a proper satisfaction for his damages, charge & trouble in the service ^^^ '•' ^'^^- 



of the Province. Archives 

The Committee to whom this Petition Avas refer'd, have inquired xivi., 122.' 
into the facts alledged therein and heard the Petitioner, and find La^°^i.,E 
that altho the facts may be truly represented by the Petitioner, yet ^hap. 77. 
that he has received satisfaction for his disbursements respecting 
the Housatanuck Lands, of Cpt. Ashley one of the Committee for 
settling said lands, which appeared by a full discharge under the 
Petitioners hand given in the year 1739: but in consideration of 
the Petitioners services set forth in the Petition, for which, (the 
Committee are of Opinion) he hath not received any recompence, 
they propose that Two Hundred Acres of the unappropriated Lands 
of the Province in the County of Hampshire be granted to him, in 
full satisfaction for his time & trouble about the affair mentioned 
in the Petition : Which is humbly submitted. 

In the Name and by Order of the Committee 

Shub: Gokham. 
The within Eeport Read and Accepted and Thereupon 
Voted That that ' In Consideration of the Services of y^ petitioner 
there be & hereby is Granted to the Petitioner Two hundred Acres of 
the Unapf)ropriated lands of this province in the County of Hamp- 
shire to be laid out by a surveyor & chainmen Under Oath & a plat 
There of Return'd to this Court within Twelve months for Confir- 
mation.'^ \^Passed January 14. 



CHAPTER 191. 

ORDER REFERRING THE REPORT OF THE COMMITTEE ON PARKERS 

FARM. 

Ox THE Report of the Committee relating to Parkers Farm Legislative 

{ante, p. 107, chap. 227]: Records of the 

Read and xvii.(3),6i4. 

Ordered that this Report be refer'd till next Session for consid- House Jour- 
eration; and all parties are hereby strictly forbidden to make strip ^ntF,'^^m, 
or wast on the land in Controversy in the mean time. [ Passec? <^W- 227. 
January 14. 



CHAPTER 192. 

VOTE FOR PROVIDING A DINNER FOR Y^' REPRESENT'^'^ » ON THE ELEC- 
TION DAY. 

Voted 

That a suitable dinner be provided at the charge of the Province Legislative 

on the day appointed for Election of Counsellors for the Gentlemen counclf °' *^^ 

who shall be chosen to represent the several Towns the next year xvii. (3)', 617. 

And the Members who shall be returned for the Town of Boston Archives, 

are directed to make provision at some Publick House in said Town ^"^' ^'^- 

accordingly.' \ Passed January 15. House Jour- 

o J V. J nal, p. 149. 

1 Siir. 

' Not found in the House Journal. 

^ Adjourned to March 31. See Legislative Records of the Council, xvii. (3), 623. 



208 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 193-195.] 



Legislative 
Records of tlie 
Couucil, 
xvii. (3), 625. 
Mass. 

Archives, cxi., 
121. 

Mass. 

Archives, cxi., 
120. House 
Journal, p. 157. 



CHAPTER 193. 

ORDER GRANTING A LICENCE TO JA« BARRY. 

A Petition of James Barry of Cambridge in the County of Mid- 
dlesex, Shewing that he has lately purchased the House where Samuel 
Smith for many years past kej^t Tavern in said Town and has like- 
wise purchased the furniture proper for such an House, and foras- 
much as he can not at this time obtain a Licence in the usual method 
of the law; therefore praying that this Court would impower the 
Justices of said County to grant him a Licence for a Tavern there. 

Read and in Answer hereto 

Ordered that the Justices of the Gen^ Sessions of the Peace for 
the County of Middlesex be and hereby are allowed and Impowered 
(if they see cause) to grant the Pef a Licence in the House He now 
dwels in, the remaining part of the Year, (the Pef first producing a 
Certificate of Approbation from the Select Men of said Town). The 
time for granting Licences being elapsed notwithstanding. {^Passed 
March 31. 



CHAPTER 194. 



VOTE ABOUT A MOCK SERMON. 



Legislative 
Records of the 
Council, 
xvii. (3), 626. 

Mass. 

Archives, xii., 
272. House 
Journal, p. 158. 



Whereas there is lately printed and dispersed in Boston and the 
neighbouring Towns a scandalous Pamphlet entitled The hidden Life 
of a Christian, a preachment from Colos. 3'' and 3^^ taken in short 
hand, with a Dedication, containing many expressions which (as it 
appears to this Court) have a direct tendency to expose and ridicule 
our Holy Religion, to the great offence of Almighty God and grief 
of many Christians; 

Voted and Ordered to recommend it to the Justices of the Court 
of General Sessions of the Peace to be held at Boston the first Tues- 
day of April next to inquire after the Compilers and Publishers of 
the said Pamphlet, and in due course of law so effectually hear & 
determine concerning them, as may discourage such prophane and 
scandalous libels and Practices for the future. [^Passed April 1. 



Legislative 
Records of the 
Council, 
xvii. (3), 627. 
Mass. 

Archives, ex v., 
24. 

Legislative 
Records of the 
Council, xvii., 
Mis., 499. 
Province 
Laws, iii., 49, 
chap. 30. 
Ante, p. 144, 
chap. 40. 



CHAPTER 195. 

VOTE FOR A TOWN MEETING AT PELHAM. 

Ordered that M"" Robert Peibles one of the principall Inhabitants, 
of the New Township Lately Erected Named Pelham in y*^ County 
of Hampshire be & hereby is fully authorised & Impowered upon 
Due Publication or Notice Given To Assemble the Inhabitant* of 
Said Town To Choose all Town officers Who Shall Stand till the 
Anniversary Meeting in March Next.' \^Passed April 1. 

' Not found in the House Journal. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1742-43. 209 

CHAPTER 196. 

ORDER GRANTING A LICENCE TO THO" HUNT TO KEEP AN INN. 

A Petition of Thomas Hunt of Weymouth in the County of Legislative 

• Kccorcis of th6 

Suffolk, praying that the Justices of the said County may be im- Council, 
powered by this Court to grant him a licence to keep a Tavern in Mass.^^^' *'^"' 
the House where he now dwells, which is very convenient for it, Archives, cxi., 
and for which he has the approbation of the Select men. — '- 

-T) 1 1 • * House Jour- 

Kead and m Answer nai, pp. 157, i58. 

Ordered that the Justices of the Gen' Sessions of the Peace for 
the County of Suffolk be and they hereby are allowed and Impow- 
ered (if they see cause) to grant the Pef a Licence the remaining 
part of the Year, the time for granting Licences being elapsed not- 
withstanding. \^Pas&ed April i. 



CHAPTER 197. 

ORDER IMPOWERING BENJ PORTER, GUARDIAN, TO SELL LAND. 

A Petition of Benjamin Porter of Brantree, Guardian of Jabez Legislative 
Porter a minor. Praying to be impowered by this Court to sell one councif *** *^^ 
quarter part of nineteen Acres of Land in Salem which the said xvii.(3)',628. 
Jabez holds in common and undivided with the Petitioner, who has Archives, 
the other three quarters, which was devised to them by their late x^"-. 9Q2- 
Father William Porter dec'' it being much for the advantage of the ^^^^^: ^ 
Minor in his education to have it sold. xvii., 901-907. 

■Pr.n^ fr Legislative 

Jteaa a Records of the 

Voted That the Prayer of the Petition be granted, & that y« Peti- ^j*!""^"^ ''''"•' 
tioner be & hereby is fully Authorized & impowered to make Sale House Jour- 
of the one fourth part of the nineteen Acres of Land mentioned °*''' ^' "^*^' 
in the Petition for the most it will sell for, giving thirty Dayes 
Notice thereof in writing by Public Advertisement & to make & 
execute a good & sufficient Deed in Law for conveyance of the same, 
he giving sufficient Caution to the Judge of Probate for the County 
of Suffolk, that the Proceeds of s*' Sale be apply'd for y*" Use of y^ 
Minor, & paid to him when he arrives at Age. [Passed April 1. 



CHAPTER 198. 

ORDER RELEASING THE WESTERLY INHABITANTS OF LEICESTER FROM 
PAYING A MINISTERIAL TAX. 

A Petition of John Ormes in behalf of the Proprietors and ^^f^^'^^^f .ij 
Settlers of the Westerly part of Leicester, Shewing that notwith- council, 
standing they have built a Meeting house and had preaching among x^"- (3), 629. 
them for some years pass'd, yet the Town have taxed them for the ^.^"p^ fs""*" 
support of the Minister in the other part; and therefore Praying Province 
that what money they have already paid for the Ministry in the note.^'"'"' "' 
other part since they have had preaching among them, may be 
returned, and that they may be exempted from that charge for the 
future. 



210 



Province Laws (Besolves, etc.). — 174.2-4:3. [Chaps. 199, 200.] 



Eead and 

Ordered that the Prayer of the Petition be so far granted as that 
the Petitioners be freed from paying any part of the charge that has 
arisen in the year 1742, for tlie support of the Ministry at Leicester, 
as also any charge that may arise for the future towards the support 
of the Ministry in the East half of said Town, in case the Petitioners 
be constantly provided with an able learned and orthodox Minister 
and of good conversation to dispence the Word of God to them. 
[Passed Ajjril 2, 



Legislative 
Records of the 
Council, 
xvii. (3),630. 
Mass. 
Archives, 
xxxi., 418. 

Mass. 
Archives, 
xxxi., 417. 
Legislative 
Records of the 
Council, xvii.. 
Mis., .'JOO. 
House Jour- 
nal, p. 114 
(December, 
1742). Ante, 
p. 158, chap. 71. 



CHAPTER 199. 

ORDER ALLOWING £30 TO JN^ WHEELWRIGHT. 

A Petition of M' John Wheelwright, Setting forth his Services 
in making Computations for the publick Taxes, in his care in pro- 
viding Stores for the Governors voyage Eastward, and other services; 
praying for an Allowance out of the Stores that are returned, as also 
a further allowance for his great trouble in managing the affairs of 
the Indian Trade. 

Eead & 

Order'' d That the Sum of Thirty pounds be granted & allowd to 
the Petitioner in full for his Services at the late interview and upon 
other Occasions to be taken out of the Sum of Forty five pounds 
eighteen shillings & six pence remaining in the Petitioners hands 
& arising by the Sale of sundry stores belonging to the Province. 
[Passed ApiHl 2. 



CHAPTER 200 



ORDER APPOINTING A COMMITTEE ON THE CONFIRMATION OF THE 

DIGHTON PLAT. 



Legislative 
Records of the 
Council, 
xvii. (3), 630. 
Mass. 

Archives, xlii., 
49-2. 

Mass. 

Archives, xlii., 
491. House 
Journal, 
pp. Ill, 159, 
160. Ante, 
p. 185, chap. 
133. 



On THE Petition of Sylvester Eichmond Jun'' Esq'' [ante, p. 185, 
chap. 133] 

In Council Eead together with the Answer of Charles Church 
Esq'' «& others & the Matter being considered. 

Ordered that John Cushing & Samuel Danforth Esq"'" with such 
as the hon^^'^ House of Eepres""^^ shall appoint be a Committee to 
repair to that Part of the Boundaries of the Town of Dighton that 
is in Controversy, & hear the Parties & consider the Evidences in 
the Case ; & make Eeport of the s'' Boundary & return a Plat of the 
Town of Dighton according to their original Grant & Purchase for 
the Confirmation of this Court at the next May Session; The Charge 
of the Committee to be born as this Court shall order. 
In the House of Eepres''^* 

Eead & Concur'd & Capt" Cheever, Cpt° Choate & Cpt" Jones are 
joined in the Affair. [Passed April 2. 



[2d Sess.] Province Laws (Besolves, etc.). — 1742-43. 211 



CHAPTER 201. 

ORDER OF NOTICE ON THE PETITION OF DANIEL CHAMPNEY FOR A 
REVIEW OF AN ACTION. 

A Petition of Daniel Champney of Cambridge, Praying to be Legislative 
admitted to a review of a Judgement obtained at the Superior councif **^^ 
Court in Middlesex by Edmond Goffe Esq'' dec*^ for possession of xvu. (3),632. 
thirteen Acres of Land the Petitioner purchased of Samuel Squire Archives, xm., 

and Daniel Squire, the said Judgment being obtained by Collusion, — 

& without the Petitioners knowledge. Archives xin 

Read And 327-a36. House 

Ordered that the Pef serve the Adm'''^ upon the Estate of the gd ' °"'" ' 'i^- 
Edmund Goffe Dec''^ with a Copy of this Pet° that She Shew cause 
(if any she hath) on the first fryday of the next May Session why 
the Prayer thereof should not be granted. \^Passed April 4. 



CHAPTER 202. 

ORDER APPOINTING A COMMITTEE ON THE PET^ OF DIVERS INHABI- 
TANTS OF WOODSTOCK TO BE ERECTED INTO A SEPARATE PRE- 
CINCT 

A Petition of Nathaniel Johnson & others. Inhabitants of the Legislative 
Westerly Part of the Town of Woodstock, praying that their former councif ^'^ ^"^^ 
Petition, j^referred to this Court in June 1741 ' may be reconsidered xvii. (3)', 500. 
and that the Westerly part of said Town may be set off, with the Archives, 
Inhabitants, a distinct Precinct. cxiv., 737, 738. 

In Council; Read together with the Answer of John Chandler ^j^o^j^g 
Esq'' & others, & the Memorial of Joseph Chaffee & Sam^ Chandler, cxiv., 736'. 
& tlie Matter being duly considered ; Records o'f^ the 

Ordered that Joseph Dwight Esq'' with such as shall be joined ^^f^^gV ggg 
bv the Hon'^^'' House of Represent^*^^ be a Committee to repair to House Jour-' 
Woodstock view the Town, & hear the Parties to this Petition & ^'g^j; pp- "A 89. 
report to this Court at the next May Session what they judge proper 
for this Court to do thereon. 
In the House of Rep''"'*'' 

Read and Concur'd and Nahum Ward Esq'' and Cap* Josiah Con- 
verse are Joyned in the xiffair. [Passed April 5. 



CHAPTER 203. 

ORDER GRANTING THE PETITION OF JAMES MONTGOMERY FOR A TRIAL. 

A Petition of James Montgomery of His Majestys Ship the Legislative 
Astrea, shewing that he is committed upon a charge of breaking counc'lf, ^* **^^ 
open a house in Boston in the night time and stealing divers thinsrs ; xvii. (3)' 633. 
praying that the Court of Assize at their next Sitting in Boston by Archives, xui., 

Adjournment may be impowered to do every thing necessary for his HZ: 

trial that so he may not be delayed from attending His Majestys ser- Archives xiii 
vice in said ship (who is near sailing) in case he should be cleared. 215. House 

^ ^ ^' Journal, p. 161. 

» Qtiare, 1742 ? See the House Journal, p. 29 (June, 1742). 



212 



PROvmcE Laws {Resolves, etc.). — 174.2-4:3. [Chaps. 204, 205.] 



Eead and 

Ordered that the Prayer of the Petition be granted and the Jus- 
tices of the Superiour Court of Judicature Court of Assize and Gen- 
eral Goal delivery be and hereby are impowered and directed to Suinon 
a Grand jury and to do all other matters and things whatsoever that 
may be necessary in order to a trial of the Affair within mentioned at 
their Sitting by adjournment on the last Tuesday of April instant. 
[Passed April 5. 



Legislative 
Records of the 
Council, 
xvii. (3), 634. 
Mass. 

Archives, cxv., 
•23. 

Mass. 

Archives, cxv., 
22. Legisla- 
tive Records 
of the Council, 
xvii.. Mis., 500. 
House Jour- 
nal, p. 161. 
Province 
Laws, v., 854. 



CHAPTER 204. 

ORDER ANNEXING EPH. CURTIS & OTHERS TO THE TOWN OF 

WORCESTER. 

A Petition of Ephraim Curtis, Jabez Tatman, Matthias Eice, 
Thomas Green, John Barber, Thomas Eichardson, Daniel Boyden 
and Jonas AVoodward, praying that their lands lying between the 
Towns of Worcester and Sutton at a place commonly called The 
Gore, may be annexed to the Town of Worcester, 

Eead and 

Ordered that the prayer of the Pet" be granted and that the Pet" 
be and they hereby are together with their lands and Estate herein 
mentioned lying between Worcester and Sutton commonly called the 
Gore be annexed to the s'^ Town of Worcester there to do duty and 
recieve priviledge aiccordingly. {^Passed April 5. 



CHAPTER 205. 



Legislative 
Records of the 
Council, 
xvii. (2), 608. 
Mass. 

Archives, cv., 
258. 

Mass. 

Archives, cv., 
257. Legisla- 
tive Records of 
the Council, 
xvii. (3), 6.35. 
House Jour- 
nal, pp. 142,162. 



ORDER DIRECTING THE TOWN OF ROWLEY TO SUPPORT ROB^ MARTAIN. 

A Petition of Eobert Martain of Eowley, Shewing that he has 
lived in said Town about five years, that about three years agoe he 
was taken with the Numb Palsey, being then a Servant to Ephraim 
Nelson of said place, that his time of service expired about a year 
since, that he is now in a most deplorable condition, being neither 
able to stand or go, and nothing wherewith to support himself, and 
has lived upon Charity for some time, that the Select Men of said 
Town refuse to provide for him, so that he is in danger of perish- 
ing for want ; Praying that this Court would give order for his relief 
either from the said Town or out of the Province Treasury. 

Eead, together with the Answer of the Selectmen of the Town 
of Eowley and the Matter being fully consider'd. 

Ordered That the Selectmen of the" Said Town take effectual Care 
that the Petitioner be Suitably Supported till the Matter therein men- 
tioned be determin'd by a due course of Law. {Passed April 6. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 213 



CHAPTER 206. 

ORDER IMPOWERING THE TOWN OF STURBRIDGE TO LEVY A TAX ON 

LAND. 

A Petition of the Proprietors of the Town of Sturbridge Shew- Legislative 
ing that the lands of the Non Resident Proprietors in said Town councu^ ^^ *^^ 
are daily advancing in their value, and that the Proprietors on the xvii.c2)',539, 
place are at great charge for the support of the Gospel there; and Archives, cxv., 

therefore Praying that they may be enabled by this Court to lay a ^— 

Tax on all the lands in said Town for the support of the Ministry Archives cxv 
among them. I6-20. Legis-' 

Read, together with the Answer of John Dwight and others Pro- ofthlcoundi^ 
prietors of the Town of Sturbridge and the Matter being fully con- nT^uae^jour'^^' 
sidered nai, pp. 101, i64. 

Ordered that the Pi-ayer of the Petition be So far granted as that 
the Said Town of Sturbridge be and hereby is allowed and impowered 
to levy a Tax of one farthing per acre, lawful money, for three years 
next to come, on all the Land lying within the said Town, except 
the Ministry and school lots; and the assessors and Collectors of the 
said Town are impowered and directed to assess and collect the same 
accordingly : The Money So collected to be applied for the uses men- 
tiond in the petition : and that the Lots called fifty acre Lots be reck- 
oned in that quantity and no otherwise. [Passed April 6. 



CHAPTER 207. 

ORDER ALLOWING £100 TO THE JUSTICES OF THE SUPER'' COURT. 

A Memorial of the Justices of the Superior Court, Shewing Legisicative 
their diligence and application to the business of that important counctf °* "'^ 
trust, and the little profit that they have any other way than by xvii. (3)', 636. 
the Allowance made by this court, which is much short of giving Archives, xiii., 
them a supjDort, and praying that it may be enlarged. '^ 

Read and in Answer hereto Mass. 

Ordered That the Sum of One hundred pounds be granted and 218^220. Legu'- 
allowed to be paid out of the publick Treasury to the Memorialists o'f^to^e Cmmcfi, 
in consideration of their good Services for the Year past. [Passed House^joiir"^' 
April 6. nal, p. 162. 



CHAPTER 208. 

ORDER IMPOWERING JOS. WYSER TO SELL LAND. 

A Petitioist of Joseph ' Wyser of Natick, Indian, Shewing that Legislative 
whereas this Court were pleased to give him liberty to sell thirty c^unc'ir, "** ^^'^ 
Acres of land at Natick, particularly described in his former Peti- mT^ss^^^'*^^'' 
tion, he finds that the Proprietors of Natick had granted it away Archives, 

to an other person; and therefore he has accepted of thirty two ^^^''^- 

Acres of other land among their Common Land; praying that he Records o?the 

1 "Benjamin," in Mass. Archives and Legislative Records of the Council, xvii., Mis. 



214 



Province Laws {Resolves, e/'c.). — 1742-43. [Chaps. 209, 210.] 



Council, xvii., 
Mis., 501 ; ibid., 
xvii. (3), 596. 
House Jour- 
nal, p. 132. 
Ante, p. 105, 
chap. '220. 



may have liberty to sell that in the room of the other, and for the 
same uses. 

Eead and 

Ordered ' that the prayer of the Petition be granted and that the 
Petitioner be & hereby is Impowered to make Sale of the Thirty Two 
Acres of land Above mention'd for y'^ most the Same will fetch Due 
Publication of the time & place of Sale being Posted up as is Ussuall 
in such Cases and That Edward Goddard and William Ward Esq''^ 
be desired to See Justice done the Petitioner in the Affair and that 
the mony Ariseing by the Sale after necessary Charges are paid be 
app'y"' towards dischageing a Mortgage by him Given to M'' Daniell 
Boyden of AVorcester So far as the Same will go. \_Passed April 6. 



CHAPTEK 209. 

ORDER OF NOTICE ON THE PETITION OF HOLDEN PROPRIETORS FOR 
FURTHER TIME TO ANSWER DANIEL HOW. 



Legislative 
Records of the 
Council, 
xvii. (3), 6.37. 

House Jour- 
nal, p. 163. 
Ante, p. 197, 
chap. 160. 



A Petition of Eliakim Hutchinson & others, Proprietors of the 
Town of Holden, praying that they may be allowed some further 
time to answer the Petition of Daniel How and others, they not 
being able at present to produce the papers needful in the case. 

Eead and 

Ordered that the Prayer of the Petition be granted, and the hear- 
ing is accordingly refer'd to the first Tuesday in the next May Ses- 
sion, and the parties are directed then to be ready, and to attend 
upon the affair without further delay. [Passed April 6. 



CHAPTER 210 



Legislative 
Records of the 
Council, 
xvii. (3), 638. 

House Jour- 
nal, p. 149. 



ORDER IMPOWERING RIC. SANGER TO EXTEND AN EXECUTION. 

A Petition of Eichard Sanger of Sherburn, Praying for liberty 
to extend his execution on a Judgment he obtained against Joseph 
Ephraim Jun'^ of Natick, for £5. 15. 8 lawful money (it being for 
necessaries which the Petitioner supplied him and his family with 
in his sickness) on the said Ephraims lands in Natick. 
the foregoing Petition being read and fully considered, 
Ordered that the Prayer thereof be granted, and that the Peti- 
tioner have liberty to extend his Execution on the Judgment within 
refer'd to, on so much of the real estate of the within named Joseph 
Ephraim dec*^ as will be sufficient to satisfy said Execution, with 
lawful fees for levying the same; and that Cpt. Isaac Coolidge be 
and hereby is impowered to nominate an Apprizer of the Lands to 
be extended on, in behalf of the heirs of the said Joseph Ephraim 
dec*^ and to take care that justice be done therein. [Passed April 7. 

1 The House Journal, p. 132, reads, " Voted." 



[2d Sess.] Province Laavs {Resolves, etc.). — 1742-43. 215 



CHAPTER 211. 

ORDER IMPOWERING JON^ MEAD TO SELL LAND. 

A Petition of Jonathan Mead of Concord, labourer, setting forth Rgfordg^of t^e 
the great ditRculties he is under for the support of his children by Council, 
his wife, late deceased; and therefore praying that he may be im- Ma^s.^^^' ^^^' 
powered to sell her small estate in lands, for the support of her said ^^^j"^|f' 
Children. 



Read and In Answer to the within Petition, Archives, 

Ordered That the prayer thereof be Granted and that the Peti- Llgisia«Ve 
tioner be & hereby is fully Authorized and Impowered with the Records of the 
Advice & Consent of M' Samuell Heywood & M"" John Hartwell of xvii. (3)', 639. 
Concord to Make Sale of the lands therein Mentioned for the Most ^^^^^ {^l""- 
the Same will fetch. Publication of The time and place of Sale being Province 
made as is Usuall in Such cases and to Execute a good Deed or Deeds chap*'io.'' ' 
in the Law for conveying the Same He giving Sufficient Caution to 
the Judge of Probate &° for the County of Middlesex to be Account- 
able. The Mony Ariseing by Such Sale to be Divided to and Amongst 
all the Children of the Petitioners late wife Precilla Dec*^ According 
to the law for Division of Intestate Estate or to their Legall Repre- 
sentative And That such part Thereof as belongs to the Minor Chil- 
dren of the Petitioner be Applyed for payment of all Such Reasonable 
Charge as has Already Arisen for their Support heither to Respec- 
tively; to be adjusted by Said Judge of Pro: The Ballance on Such 
Acco' to be put out on Interest and the Whole Improved for their 
brings np & Education till they are Capable of being put to proper 
Imployments, The Remainder if any There be to be paid them as 
they shall Respectively Arive of age or day of Marriage which shall 
first happen. \^Passed April 7. 



CHAPTER 212. 

ORDER OF NOTICE ON THE PETITION OF JOS. WALKER & OTHERS IN 
REGARD TO TOWNSHIP NUMBER FOUR BETWEEN WESTFIELD AND 
SHEFFIELD. 

A Petition of Josiah Walker, William Watson and Charles Woods, ^Ifords'^nhe 
Proprietors and Settlers of the new Township lying between West- council, 
field and Sheffield called Number Four, Shewing that they are the Ma^s'g.^^^'^''" 
only Grantees that dwell there, tho the time limited for the Gran- ^rehives, cv., 

tees performing the conditions of the Grant is long since expired, —^ 

that the Petitioners are put to great hardships by reason of the Arciiives, cv., 
neglects of the other Grantees; praying for relief from this Court, jo^urn^f^p.^ies. 

Read and 

Ordered that M"" Phineas Rice Serve the Clerk of the Prop" of 
the s*^ New Township with a Copy of this Petition that they shew 
cause if any they have On the Second fryday of the next May Ses- 
sion, why their Proprietys should not be forfeited according to the 
conditions of the Original Grant. \^Passed April 7. 



216 



Province Jjaws (Besolves, etc.). — 174.2-4:3. [Chaps. 213, 214.] 



CHAPTER 213. 



Legislative 
Eecords of the 
Council, 
xvii. (3), 640. 
Mass. 
Archives, 
xviii., 110. 

Mass. 
Archives, 
xviii., 109. 
Legislative 
Eecords of the 
Council, xvii., 
Mis., 502. 
House Jour- 
nal, p. 165. 



ORDER IMPOWERING JOSIAH HOWLAND, GUARDIAN, TO SELL LAND. 

A Petition of Josiah Howland Guardian to Edward Shove of 
Digliton in the County of Bristol, a person Non Compos, shewing 
that his personal estate is Insufficient to pay his Debts, and pray- 
ing that he may be impowered to sell so much of his lands as may 
be necessary to discliarge the said Debts, lie rendering an accompt 
thereof and of the Overplus, to the Judge of Probate for said 
County, 

Read and 

Ordered that the prayer of the Pet" be granted and the Pef is 
hereby allowed and Impowered To make sale of the land herein 
mentioned for the most the same will sell for. He posting up proper 
Notifications according to Law of the time and place of Sale, and 
giving sufficient Security to the Judge of Probate for the County 
of Jiristol that the produce thereof shall be applyed to the payment 
of the Just Debts of the s*^ Edward Shove the remainder to be ap- 
plyed towards his comfortable Support. [Passed April 7. 



CHAPTER 214. 

ORDER ON THE PETIT^ OF SUNDRY INHABITANTS OF REHOBOTH & 
ATTLEBORO TO BE ERECTED INTO A SEPARATE PRECINCT. 



Legislative 
Records of the 
Council, 
xvii. (3), 520. 
Mass. 
Archives, 
cxiv., 803, 804. 

Legislative 
Records of the 
Council, xvii.. 
Mis., 503; ibid., 
xvii. (3), 640. 
House Jour- 
nal, pp. 92, 93, 
163, 164. 



A Petition of the Easterly part of the Town of Attleboro and 
the Northerly part of the Town of Eehoboth, shewing that they 
are at a great distance from the places of publick Worship in their 
respective Towns, & commodiously situated for a distinct Precinct ; 
and therefore praying that they may be made a separate Precinct 
by the bounds mentioned in the Petition, and that they may be 
wholly in the Town of Attleboro. 

Read together with the Answer of the Town of Rehoboth & the 
other Papers in the Case, And the Matter being considered ; 

Read and 

Voted that the Inhab*^ of the Easterly part of the Town of Attle- 
borough with their Lands and Estates lying within the Boundaries 
mentioned in the Pet" together with such of the Inhab*^ and their 
Estates lying in the Northerly part of Rehoboth as shall signifye 
their Consent to go off to s** Precinct to the Person to be appointed 
their Clerk within Six Months hereafter be And hereby are set of 
a distinct and seperate Precinct and are Vested with all Priviledges 
and Immunities, that other Precincts are by Law Entituled to ac- 
cordingly. [Passed April 7. 



[2d Sess.] Province Laws (Iiesolve,H, etc.). — 1742-43. 217 



CHAPTER 215. 

VOTE ANNEXING DIVERS PERSONS AND THEIR ESTATES TO THE WEST 
PRECINCT IN ROXBURY. 

A Petition of the West Precinct in Roxbnry, Shewing that there Legislative 
are six families that have been excused by an Order of tlie General councfi^ '^^ *''^ 
Court from paying any thing to the support of the Ministry in New- xvii. (S), 64i. 
ton, where they belong, they paying tlieir proportion of the charge Archives, xii., 

of maintaining the Minister in the said AYest Precinct in Eoxbury, ^ 

that the said six families are not so annexed to the Precinct as to '^'•^s^: 
be under the same regulations for the support of the Ministry as 274. House 
the Inhabitants of Eoxbury are ; and therefore praying that the said ^^^^let^ien. 
families, viz* Coll. John Hills estate, John Healy, Joshua Gay, Philip ^^'^Jg^'^^® 230 
White, Timothy Ward and Samuel Fish, or those that do or shall ciiap.W; 240, 
own their Estates, may be so far annexed to the said Precinct as to '^^''^p- '^^''• 
be under the same regulations powers privileges and authorities, as 
to the Precinct charges, as if they actually dwelt & had their Estates 
within the Bounds of said Precinct. 

Read & 

Voted that the Prayer of the Petition be granted, & that the 
Families & Estates within mentioned be subject to be rated to the 
Precinct Charges in Eoxbury, & to have the same Privileges of vot- 
ing in the said Precinct as the Inhabitants there have or do enjoy 
by Law, untill the further Order of this Court. [Passed April 7. 



CHAPTER 216. 

ORDER IMPOWERING SAM. SPEEN, INDIAN, TO SELL LAND. 

A Petition of Samuel Speen of JSTatick, Indian, j^raying for Legislative 
liberty from this Court to sell ten Acres of land in Natick out of councir*"'^ 
the estate of his father dec*^ for paying the charge of his brothers xvii. (3),598. 
sickness, for which he became bound, and his brother has since Archives, 
absconded. ^K^i.,ii'J. 

Eead and Sives. 

Ordered that the Prayer of the Pet" be granted and the Pef is xxxi., 4i». 
hereby Impowered with the Advice and Consent of Cap* Isaac Cool- Rlfordsof the 
idge to Sell the ten Acres for the purposes herein expressed He to ji^g^soV^Jfcw. 
be Accountable for His proceedings herein to this Court. [Passed xvii.' (3) ,'643. 

i -7 ,^ 1 "- House Jour- 

^pril I. nal, p. 139. 



CHAPTER 217. 

ORDER IMPOWERING THE JUDGE OF PROBATE TO APPOINT COIMMIS- 
SIONERS on THE INSOLVENT ESTATE OF JAMES BOYER. 

A Petition of Daniel Johonnot Adminisf of the Estate of James Legislative 
Boyer of Boston, jeweller, dec*^ Shewing that the said Estate proved councff ^^^^ 
insolvent, and that Commissioners were appointed by the Judge of xvii. (3)', 642. 

' This date is according to Mass. Archi'-es ; according to Legislative Records of the 
Council, xvii. (3), the date is April 8 ; and ihid.^ xvii., Mis., it is January 10. 



218 



Province Laws {Resolves, etc. ) . — 1742-43. [Chap. 218.] 



House Jour, 
nal, p. 166. 



Probate for the County of Suffolk to examine the claims of the 
Creditors, that the full time allowed by law for giving in the said 
Claims is expired, and there are yet further Claims to be consid- 
ered; therefore Praying that the said Commissioners may have 
further time allowed them for receiving Claims &'^ 

Eead and 

Ordered that the Judge of Probate for the County of Suffolk, be 
and he hereby is impowered and directed to appoint the same or 
other Commissioners to examine the claims of the Creditors of the 
Estate of James Boyer, dec** within mentioned, and to allow six 
months to give in their report, that so the Deceaseds Estate may be 
proportioned among the Creditors without delay. \^Passed Ajjril 8. 



CHAPTEE 218. 



Legislative 
Records of the 
Council, 
xvii. (3),644. 

Legislative 
Records of the 
Council, 
xvii. (3), 631. 
House Jour- 
nal, pp. 159, 168. 
Ante, p. 175, 
chap. 111. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON NANTUCKET 

INDIANS. 

Joseph Wilder Esq'' from the Committee on the Petition of 
Paul Quaap and others, Nantucket Indians, gave in the following 
Report, viz* 

In Obedience to the within Order we have considered the several 
Petitions of the Nantucket Indians; and as to the petition of Ben- 
jamin Ashamee and James Count, wherein they Complain that tho 
they severally pleaded before M'' Justice Bunker that they had good 
right to plough the land where the Trespass is laid to be done, yet 
he gave Judgment against them; and upon the Appeal to the Infe- 
rior Court of Common Pleas, tho they proved that they had been 
in the peaceable possession of the land for more than thirty years, 
yet that Judgment was affirmed; We find by the Records of that 
Court that there is no mention made of their Plea, but only that 
the Parties appeared and joined Issue, but the Juries verdict was, 
that they found the former Judgment to be good, and Cost of Suit 
for the Appellee, and Judgment was rendered accordingly. Herein 
there is manifest Error in trying those causes, and giving Judgment 
therein, without any Plea or Issue joined of Record. 

We are therefore of Opinion that they may be enabled at the next 
Inferior Court of Common Pleas, to enter their respective Appeals 
to the next Superior Court of Judicature in Boston, at the Prov- 
ince Charge, serving the Appellees with Copies of the Order of this 
Court touching the same, and there make their Pleas to the Actions 
aforesaid ; and that the Justices of the said Superior Court may be 
directed and enabled to receive their Appeals aaid Pleas aforesaid, 
try the merits of those Actions on the Pleas thereto made, make 
up Judgment, and award Execution. 

And as to the within written Petition; we are of Opinion that 
John Coffin Esq'' and M"" Abislia Polger may be desired to make 
diligent inquiry into the grounds and occasions of the Indians 
further complaints, and report the same particularly to the Gen- 
eral Court in May next, that proper remedy may be further pro- 
vided for them therein. All which is submitted. 
By Order of the Committee 
Boston T^ April 1743. Joseph Wilder 

Read and Accepted. 
[^Passed April 8. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 219 



CHAPTER 219. 

ORDER OF NOTICE ON THE PET" OF JOHN GOODENOW, &" TO BE . 

ANNEXED TO NATICK. 

A Petition of John Goodenow, Stephen Bacon, John Under- Legislative 
Avood, Thomas Frost, Edward Ward, Timothy Bacon, and Moses counctr^"'^ 
Fish, Inhabitants of the Town of Needham, Shewing their dis- xvii. (3)', 645. 
tance from the place of publick Worship tliere, and that they have Archives, xii., 

constantly attended the publick Worship of God at Natick; and "^ . 

therefore Praying that they with their estates situate on the West- ^^chives xii 
erly side of Saw Mill Brook in Needham, may be annexed to Natick, 264,267; x'iii.,'' 
and discharged from paying any thing for the support of the Minis- joumailp! i67. 
try in Needham. 

Eead And 

Ordered that the Pef^ serve the Town of Needham with a Copy 
of this Petition that they shew cause if any they have on the Second 
fryday of the next May Session why the Prayer thereof should not 
be granted. \^Passed April 8. 



CHAPTER 220. 

ORDER APPOINTING A COMMITTEE ON THE DARTMOUTH PETITION 
IN REGARD TO ASSESSORS AND TAXES. 

A Petition of the Select Men of the Town of Dartmouth, Set- Legislative 
ting forth the difficulties they are under of levying and collecting councif," 
their Taxes by reason of some wrong proceeding in the choice of m!i"s.^^^'^*^' 
Assessors, and the Assessors that were chosen not being sworn ac- Archives, cxv., 

cording to Law; and therefore praying that this Court would enable — — • 

the Select men to assess and proportion the sums set on the said' Archives, cxv., 
the last and this present year, or give other Orders in the Premisses RgcOTds of'tl^f 
as mav be thought best. Council, xvu., 

T> 1 A Ml8., .005. 

KeaU ana House Jour. 

Ordered that Cap* Nathaniel Soule Jethro Delano and Abraham '^^*> p- ^^■ 
Sherman or any two of them (who are hereby declared Lawful As- 
sessors of the Town of Dartmouth for the present Year) be and 
hereby are directed and Lnpowered on Oath to Levy and Assess all 
such Sum or Sums of Money on the Lihabitants and Estates of the 
said Town of Dartmouth as they have or hereafter may recieve war- 
rant or warrants from the Province Treasurer to Levy and Assess, 
as also all County and Town Eates granted to be; but not yet A.B- 
sessed on said Town. And the List or Lists of such their Assess- 
ments to committ to such Collector or Collectors, Constable or 
Constables, as are or may be Chosen for said Dartmouth for the 
present Year, who are hereby directed by rules of Law to Collect 
the Sums so Assessed, and the same to pay to the Order of their 
Warrants respectively. 

And in case the said Assessors shall neglect or refuse to do their 
Duty herein for the Space of two Months from this date to Assess 
the same and to return an Ace' thereof to the Treasurer of the 

' Something omitted. Mass. Archives, cxv., I'l, reads, "to assess and proportion such 
sums upon the Inhabitants of y" Said town of Dartmouth as was Set and ordered for them 
to pay the Last year," etc. 



220 



Province Laws {Besolves, etc.). — 1742-43. [Chaps. 221, 222.] 



Province It shall and may be Lawfnl for the s'^ Treasurer, and he 
is hereby 

Ordered to Issue out Execution directed to the Sheriff of the 
County of Bristol against the said Assessors for the whole Sum 
and Sums due to the Province And their Persons and Estates are 
hereby declared subject and Lyable to pay and Satisfye the same. 
\^Passed April 8. 



Legislative 
Records of the 
Council, 
xvii. (3) 647. 
Mass. 
Archives, 
xviii., 114. 

Mass. 
Archives, 
xviii., 113. 
Legislative 
Records of the 
Council, xvii., 
Mis., 504. 
House Jour- 
nal, p. 163. 



CHAPTER 221 



ORDER IMPOWERING THO^ FESSENDEN, GUARDIAN, TO SELL LAND AND 
EXECUTE A DEED THEREFOR. 

A Petition of Thomas Fessenden Guardian of three Minor Cliil- 
dren of Benjamin Willington late of Lexington in the County of 
Middlesex dec*^ and Ebenezer Smith and Abigail his wife, which 
Abigail is mother of the said Children; Shewing that the Estate 
is so far in debt that it will be necessary to sell so much of the land 
as to make the rest with the House thereon untenantable ; and there- 
fore praying for liberty to sell the whole Estate, the Overplus, after 
the debts are paid, to be improved for the Minors best advantage. 

Eead and 

Ordered that the Pet" be allowed and Impowered to pass and 
execute a good Deed or Deeds of the remaining part of the Estate 
Yet unsold for the most the same will Sell for They first giving 
Caution to the Judge of Probate for the County of Middlesex that 
the Surplusage of the produce thereof after the Just Debts are paid 
be Improved to the best advantage of the Children. [Passed April 8. 



Legislative 
Records of the 
Council, 
xvii. (3), 649; 
ibid., xvii.. 
Mis.. 506. 

Mass. 
Archives, 
xlvi., 136. 



CHAPTER 222. 

ORDER GRANTING 120 ACRES OF LAND TO JOSH. WILDER WITH CON- 
DITIONS. 

A Petition of Joshua Wilder praying for a grant of Province 
land containing about one hundred and twenty acres, lying about 
ten miles West of Lancaster Meeting House, between lands formerly 
granted to M'' Plaisted and M'' Allen, and a farm formerly called 
Blagroves farm ; which situation is very commodious for a House to 
entertain Travellers in their journey Westward. 

Read and 

Ordered that the prayer of the petition be granted and that the 
lands within mentioned containing about one hundred and twenty 
acres, be and hereby is given and granted to the petitioner his heirs 
and assigns forever. Provided that he does within one year have a 
good & and ' convenient dwelling house built thereon, for the recep- 
tion of travellers, and have ten acres thereof cleared and brought to 
english grass or clover, within four years, and that he dwell thereon 
with his family, or have some other good family dwell therein four 
years from this day.' {Passed Ajjril 8.^ 

1 Sic. 

2 Not found in the House Journal. , r^ •, 

3 This date is according to Mass. Archives and Legislative Records of the Council, 
xvii., Mis. ; according to Legislative Records of the Council, xvii. (3), the date is April 11. 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 221 



CHAPTER 223. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO 
LAND OF TITICUTT INDIANS. 

The Committe appointed by the General Conrt, at their session Legislative 
in November last, to repair to Titicntt, and veiw the lands in con- councif.xvii.f 
troversy betwixt Benjamin White Esq'' and M"" Ezra Clap as, guar- ^^'^■' ^^^- 
dians to the Titicntt Indians, and Captain Nehemiah Washburn, R|ford8o7the 
and hear the parties, consider their titles and propose some proper Council, 
line to be adopted between the Indians land there and said Wash- ^n/e, p^'ise^ 
burns land. And haveing attended that service, perused their deeds ^hap. 137. 
and other writings relating thereto, and fully heard the parties con- 
cerned. Report. 

That in the several grants made to the town of Bridgewater, that 
we find that great care hath been taken to prevent any molestations 
or disturbances being given to the Indian proprietors of Titicntt 
lands, and although Bridgewater grant for an enlargement from the 
Court of Plymouth in the year 1668, mentions their running from 
the centre east, west, north, and south, six miles particularly on the 
south and south east side, it is said they shall run to Titicntt river 
as far as the six miles extends, yet it is with this express provisor, 
Viz. that the Indians be not molested notwithstanding this enlarge- 
ment. And whereas it doth not appear to the Committee, that the 
Indians have ever made any legal conveyance of their lands bovmd- 
ing on said Titicntt river on the south side, part of which being 
conveyed to one Peter an Indian, and the heirs of Thomas Hunter 
tlien deceased, by a deed well executed from Josias Chickataufut 
the acknowledged Sachem of that place, was by him in the said 
deed, (in order to its being preserved for the Indians use) made 
unalienable by the Indians to the English. Wherefore the Com- 
mitte are of opinion that the Indian lands on the south side of 
Titicntt river are bounded on that river, and that they ought not 
to be disturbed in the possession and improvement of the same by 
any person whomsoever. 

All which is humbly submitted in the name and by order of the 
Committee. George Leonard. 

Read and 

Ordered^ that this report be accepted.' \^Passed April <§." 



CHAPTER 224. 

ORDER IMPOWERING SARAH BARRET, ADMINISTRATRIX, TO SELL RIGHT 

TO LAND. 

A Petition of Sarah Barret Adminisf^ of the Estate of Joseph Legislative 
Barret late of Grafton dec*^ Shewing that the said Joseph Avas seized council," 
of a Right of land in a new Township lying West of Westfield called M^.i"g.^^^'^^' 
Number Three, that he died before he had performed the conditions Archives, 

of the Grant and that the circumstances of his estate and Family '' — '- 

are such as that the conditions can not be performed by them; and Afohives, 
therefore praying for liberty to sell said Right. L,e''i8iattve 

' Not found in the House JournaL 

' This date is according to Legislative Records of the Council, xvii., Mis. ; according 
to ihid., xvii. (3), the date is April 11. 



222 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 225-227.] 



Records of the 
Council, xvii., 
Mis., 507. 
House Jour- 
nal, p. 168. 



Eead and 

Ordered that the prayer of the petition be granted, and the said 
Sarah be & hereby is Inipowered to make Sale of the Eight of land 
within mentioned for the Most the Same will fetch due Publication 
of y^ time & place of Sale being made as Ussuall the mony Arising 
by such Sale to be Apply'd for y*" purposes in y^ Petition mentioned, 
& that Two year be allowed for Complying with the Conditions of 
y® Grant. \Passed April 11. 



CHAPTEE 225. 



Legislative 
Records of the 
Council, 
xvii. (3), 652. 
Mass. 
Archives, 
Iviii., 328. 

House Jour- 
nal, pp. 170, 171. 
Ante, p. 40, 
chap. 63. 



VOTE IN REGARD TO THE DISTRIBUTION OF THE NEW PROVINCE LAW 

BOOKS. 

Voted that the Printers of the Province Law Book be directed 
to compleat the Impression with all possible dispatch. And 

that as soon as they are compleated, they deliver one sett to each 
Member serving in the General Court the present Year Who were 
not of the Assembly the last Year; as well as to those Gentlemen 
Who served in that capacity the Year past. \Passed April 12. 



CHAPTER 226. 

VOTE APPOINTING A COMMITTEE FOR BURNING TORN AND DEFACED 

BILLS OF CREDIT. 



Legislative 
Records of the 
Council, 
xvii. (3), 653. 

House Jotir- 
nal, p. 171. 



In the House of Represent'"'^ 
Voted that the Represent''®% of I3oston, Charlestown and Rox- 
bury, with such as the Hon^^® Board shall Join, be a Committee to 
repair to tlie Treasurers, to take an Account of the Bills of the Old 
and Middle Tenor (so called) and consume them to ashes, and report 
their doings herein to this Court, at the next May Session. 

In Council : Read and Concur'd, and John Osborne, John Jeffries, 
John Read, Samuel Waldo and James Allen Esq'^ are joined in the 
affair. \_Passed Ajjril 12. 



CHAPTER 227 



Legislative 
Records of the 
Council, 
xvii. (3), 654; 
ibid., xvii.. 
Mis., 499. 

Mass. 
Archives, 
xviii., 22.3-225. 
House Jour- 
nal, pp. 158, 166. 



ORDER IMPOWERING THO^ GREEN ADMINISTRATOR AND OTHERS, 
GUARDIANS, TO SELL REAL ESTATE. 

A Petition of Thomas Green Adminisf of the Estate of his 
late Father John Green of Boston in the County of Suffolk dec*^ 
and Guardian to the Children of John Green dec*^ (an other son of 
the first named John Green) James Jervis Guardian of the Children 
of Thomas and Bethia Phillips dec^ (which Bethia was daughter of 
the first named John Green) and Sarah Green Widow and Execut'' 
of James Green dec'^ (eldest son of the first named John Green) 
for her self and her Children (being all Minors) Shewing that the 
said John Green left two Dwelling Houses in Boston which are in 



[2d Sess.] Province Laws (Resolves, etc.). — 1742-43. 223 

a very ruinous condition, and therefore praying that they may be 
impowered to make sale of the said houses for the payment of the 
Debts of the deceased and the remainder for the benefit of the Heirs. 

Read and 

Ordered that the petitioners or any two of them has liberty and 
power in their respective capacities to make sale of the two houses, 
with the lands thereto belonging for the most they ' same will fetch, 
and to pass and execute, and to pass and execute ^ a good deed or 
deeds in the laws for the same, the petitioners or any two of them 
attending the directions of the law, in notifying the sale thereof and 
giving sufficient security to the Judge of Probate for the County of 
Suffolk that the produce of the premisses be applied for the pay- 
ment of the just debts of the said John Green, yet left unpaid by 
the administrator, and the residue subjected to the decrees of the 
Judge of probate for the County of Suffolk, dividing and distrib- 
uting the whole estate of the said intestate John Green the elder 
to and among his children, and their lawful representatives accord- 
ing to the laws of this Province and that such parts thereof as belong 
to any Minors, shall be put to interest on good security till they sev- 
erally attain to full age or marry which shall first happen. [Passed 
April 12. 



CHAPTER 228. 

ORDER IMPOWERING JOSEPH EPHRIAM, INDIAN, TO SELL LAND. 

A Petition of Joseph Ephraim of Natick, Indian, praying for Legislative 
liberty from this Court to sell twelve acres of his land lying at a counctf °* "^'^ 
distance from him, for paying his debts occasioned by an expensive xvii. (3)', 655. 
sickness and lameness of his son, for procuring what may be neces- Archives, 
sary for his own comfortable living. xxxi., 44i. 

Read and " Archives 

Ordered that the prayer of the Pet" be granted And the Pef is xxxi., 44o. 
hereby allowed and Impowered to Sell the twelve Acres of Land R^fords^of the 
herein mentioned with the Advice and Assistance of Cap* Isaac mis^sot"'^^""' 
Coolidge for the most the same will fetch. He applying the prod- House Jour- 
nce thereof to the purposes mentioned in the Pet" and be account- °**' P" ^^' 
able to this Court for his proceeding herein. [Passed April 12. 



CHAPTER 229. 

VOTE COMMITTING THE PETITION OF JOB AHANTON, INDIAN, TO SELL 
LAND TO THE COMMITTEE ON INDIAN AFFAIRS. 

A Petition of Job Ahanton of Middleboro, Indian, praying for Legislative 
liberty from this Court to sell Fifty acres of land (adjoining to Mid- Sdi?**^^ 
dleboro Sixteen Shillings Purchase Line and the land of Elkanah ^jT^g^g^^^''^^^- 
Leonard Esq"") unto Philip Leonard, and Fifty acres of land more, Archives, 

(adjoining to the way leading thro' Tetticut from Trout Brook) to -^^-^i-' ^95. 

Henry Leonard, to enable the Petitioner to pay off tlie Debts he has Archives 
contracted for the maintenance of his aged Grand Mother &"= xxxi., 394. 

> "The," in Mass. Archives, xviii., 223. 
2 Sic. 



224 



Province Laws {Resolves, e^c.). — 1742-43. [Chaps. 230, 231.] 



mii"pp'55'^^i2i Read together with the report of James Warren Esq'' in behalf 
163.' Ante, _' of the Comm*"^ and Committed to the Gentlemen appointed to take 
p. 86, c ap. 1(3. ^j^(jgj. consideration the Indian AfEairs. [Passed April 12. 



CHAPTER 230. 



ORDER ALLOWING £40. 13. 8 TO JOHN SMITH, ADMINISTRATOR. 



Legislative 
Records of tlie 
Council, 
xvii. (3), 657. 
Mass. 
Archives, 
xviii., 115. 

Mass. 
Archives, 
xviii., 116. 
House Jour- 
nal, pp. 171, 172. 



A Petition of John Smith Adminisf of Thomas Smith Esq'' dec"^ 
late Truck Master at Saco River, Shewing that the said Thomas 
Smith was charged as Debtor for the goods he received for carrying 
on the Indian Trade, that the Petitioner has delivered to the pres- 
ent Truck Master what of the said goods remained unsold, but he 
has refused to give him a discharge for some remnants of stuff's that 
were eaten by the Moth, and some Iron ware that was greatly dam- 
aged by rust, for which the said Thomas Smith was charged the sum 
of £40. 13. 8 praying that his Estate may have credit for the same. 

Read and 

Ordered that the Officer for managing tlie Indian Truck Trade 
be directed to Allow the Adm'' of Thomas Smith Esq"" Dec'd the 
above mentioned Sum of forty pounds thirteen Shillings and eight 
pence Old tenor 

And that The s'' officer be directed to Sell the said Goods to the 
best advantage of the Province. [Passed April IS. 



CHAPTER 231 



ORDER IMPOWERING HANNAH THOMSON TO SELL REAL ESTATE. 



Legislative 
Eecords of the 
Council, 
xvii. (3), 681. 
Mass. 
Archives, 
xvii., 909. 

Mass. 
Archives, 
xvii., 908-911. 
Legislative 
Records of the 
Council, xvii.. 
Mis., .508. 
House Jour- 
nal, pp. 133, 134. 
Province 
Laws, ii., 151, 
chap. 10. 



A Petition of Hannah Thomson of Concord, widow, praying 
that she may be impowered to sell a House and about three quarters 
of an acre of land in Concord left her and the heirs of her body by 
the will of her Grandfather William Keen dec'^ the said House being 
in a very decayed condition, and the Petitioner not being able to lay 
out any thing for the repairs of it. 

Read and 

Ordered that the said Hannah be Enabled to make sale of the 
whole Estate herein mentioned to the highest Bidder. She attending 
the rules and methods by the Act of this Province made in the Sixth 
Year of King George the first relating to the Sale of land where 
Estates are Intestate. And that the s"^ Hannah have the profits of 
the money during her natural life. She giving caution to the 

Judge of Probate in the County of Middlesex that after her decease, 
the whole of the purchase money which said Estate may Sell for be 
divided to the Children ^ or those next related to said Petitioner. 
[Passed April IS."" 

1 In the order in the House Journal, p. 134, the words, " or those next related to said 
Petitioner," are omitted and the words, " be divided to the two children of said Petitioner, 
which are mentioned in the Petition," are added. 

"^ It is not clear in Mass. Archives whether the date is April 13 or 23 ; according to Leg- 
islative Records of the Council, xvii. (3), the date is the 23'^; in ibid,, xvii., Mis., it is 
the 13ti>. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1742-43. 225 



CHAPTER 232. 

VOTE FOR CONTINUING Y^ ESTABLISHM^ OF GARRISONS &''. Legislative 

Records of tlie 

Voted that the present Establishment of Castle William and the xvu. (3)', ess. 
other Forts Truck Houses and Garrisons witliin this Province and Archives, 
also of the Country Sloop and Province Snow which will end the Jxxn., 637. 
twentyeth of May next be and hereby is prolonged and continued ^°^^^ l2^^^- 
till the end of the next May Session, And the Several Officers Sol- Province ' 
diers and Sailors in the Service of the Province may expect their chap!'io.'' ^^'^' 
pay or allowance accordingly. \^Passed Ajyril 14. 



CHAPTEE 233. 

ORDER ALLOWING £15 TO JOHN OVERING ESQ«. 

The Petition of John Overing Esq' Sheweth to this Great and Legislative 

> • RGCords of tliG 

General Court, that for many years past he hath acted in the station council, xvu., 
of Attorney General for this province, but for the last years service ; M{fgs.^^^' 
has not received any allowance, although a sum is usually granted ^^^'^^^^' '^lii-- 

by the favor of this court, as well to the Kings attorney as to the — ^ • 

other officers, generally in an equal or superior station. Archives, xin., 

"Dpflfl flT-irl 22-2. Legisla- 

xtedu ciiiu ^ tive Records of 

Ordered that the Sum of fifteen pounds be allowed and paid out the council, 
of the Province Treasury to the Pef in full consideration for his House j'ourl 
extraordinary Services and Expences therein mentioned. [^Passed ^^^' p- •^^^• 
A2)ril 14. 

CHAPTER 234. 

ORDER ALLOWING £25 TO THE TOWN OF MARBLEHEAD. 

A Petition of James Skinner Esq"" in behalf of the Town of ^fords'of the 
Marblehead; praying in consideration of the heavy losses sustained council, 
by the Inhabitants of said Town the last year, that they may be f^^gg}^^ ' ^^*'' 
abated of their Province Tax. Archives, 

Read and '.' ' . 

Ordered that there be granted and allowed to be paid out of the Records of the 
Province Treasury to the Representative of the Town of Marble- M*is.'^509.'''^"'' 
head or His Order the Sum of twenty five pounds the present tenor House Jour- 
in consideration of their Losses and other difficulties herein men- °'^ ' ^^" ' ' " 
tioned. \^Passed April 14. 



CHAPTER 235. 

ORDER RELEIVING SPENCER PHIPS ESQ« FROM THE TRUSTEESHIP OF Legislative 

THE HASSANAMISCO INDIANS. Records of the 

Council, 
xvii. (3), 666. 

A Memorial of Spencer Phips Esq"" one of the Trustees for the Archives, 
Indians of Hassanimisco (now Grafton) Praying to be dismissed from xxxi., 424. 
that service, his other affairs not permitting his attendance thereon Mass. 

Archives, 



226 



Province Laws {Resolves, etc. ) . — 1742-43. [Chaps. 236, 237.] 



xxxi.,433. 
Legislative 
Records of the 
Council, xvii., 
Mis., 508. 
House Jour- 
nal, p. 173. 
Province 
Laws, xi., 233, 
chap. 36. 



any longer and the other two being sufficient to manage the business, 
which will save charge to the Indians. 

Eead & 

Ordered that the Prayer of this Memorial be granted, & the Memo- 
rialist is accordingly discharged from his Trust over the Indians of 
Grafton (formerly Hassanimisco) & that the whole Power be in the 
Hands of the two other Trustees as prayed for. \^Passed April 14.^ 



CHAPTER 236. 



Legislative 
Records of the 
Council, 
xvii. (3), 662. 
Mass. 
Archives, 
xxxi., 421. 

Mass. 
Archives, 
xxxi., 420. 
Legislative 
Records of the 
Council, xvii., 
Mis., 510. 
House Jour- 
nal, p. 164. 



ORDER IMPOWERING JER. ANTHONY, INDIAN, TO SELL LAND. 

A Petition of Jeremiah Anthony and Esther his Wife Indians 
of Middleboro, Shewing that the said Jeremiah being imprisoned 
at the suit of Samuel Thatcher in Plymouth Goal, was in danger 
of perishing in the severe season of the winter; that one Ephraim 
Thomas relieved him and undertook the payment of his debt, and 
therefore praying that he may be impowered to sell Forty Acres of 
Land belonging to the Petitioners at a place called Bettys Neck at 
Assawamset in Middleboro that so they may be enabled to pay their 
debt to the said Thomas, the Petitioners to have the use of the said 
land during life. 

[Eead &] 

Voted^ that the prayer of this Petition be granted with y® Excep- 
tions therein mentioned & that Benjamin White Esq' of Middleboro ; 
be desired to Assist in y*^ Affair and see justice done in j" Sale of 
y® lands Within mentioned. [Passed April 15. 



CHAPTER 237. 



ORDER GRANTING 130 ACRES OF LAND TO THO^ INGERSOL ESQ^ 



Legislative 
Records of the 
Council, 
xvii. (3), 655. 
Mass. 
Archives, 
xlvi., 144. 

Mass. 
Archives, 
xlvi., 142. 
Legislative 
Records of the 
Council, 
xvii. (.3), 663; 
ihid., xvii., 
Mis., 511. 
House Jour- 
nal, pp. 167, 170, 
174. Province 
Laws, xi.,728, 
chap. 41. 



A Petition of Thomas Ingersol Esq' Shewing that in the year 
1733 he was appointed one of the Committee for settling the Town- 
ships at Housatanuck, that he has spent much time and labour in 
removing some difficulties attending those settlements, and, (as he 
conceives) has done much service to the Province therein, therefore 
praying for some consideration for his services. 

Eead and 

Ordered That In Answer to the within Petition there be & is 
hereby Granted to the Petitioner his heirs and Assignes forever 
One hundred and Thirty Acres of land In full for his Services & 
Expences in the within Affair to be laid out in the County of 
Hampshire and that a Plan thereof be Eeturn'd To this Court 
within Twelve months for Confirmation. [Passed April 15. 

' This date is according to Mass. Archives, Legislative Records of the Council, xvii.. 
Mis., and the House Journal; according to Legislative Records of the Council, xvii. (3), 
the date is April 15. 

^ The House Journal, p. 164, reads, " Ordered." 



[2d Sess.] Province Laws {Resolves, etc.). — 1742-43. 227 

CHAPTER 238. 

ORDER REFERRING THE REPORT ABOUT HOLLISTON LINE. 

On THE Eeport of Samuel Danforth Esq"" and others relating to Legislative 
the Dividing Line between the Towns of Hopkinton and Holleston, councif °* ^'^^ 
{^cinte, p. 107, chap. 327] xYii.(3)',663. 

Read and Ante, p. 107, 

Ordered that the consideration of this Eeport be referVl till the ^^^^•''^'^• 
next May Session, that the Trustees may have an opportunity to 
produce the Original Deed of Magunkog from the Town of Slier- 
burn to the Indians. \_Passed April 15. 



CHAPTER 239. 

ORDER ON CONCORD PET^ IN REGARD TO A HIGH WAY. 

A Petition of John Flynt Esq"" and others, a Committee for the Legislative 
Town of Concord, complaining of irregular and illegal Proceedings ^{jnc'if °**^® 
of the Court of General Sessions for the County of Middlesex and xvu. (3), 6i7; 
a Committee by them appointed (upon the Petition of Chambers Mis.'.'sn"'' 



Russel Esq'' and others) to lay out a High way through said Town, MassT 
and praying that this Court would set aside the Order of said Court ^^^xi^*T2||i225 
for confirming said Highway. Legislative 

Read, together with the answer of Chambers Russell Esq"" for him- counc'if, ''^ *^^ 
self and his associates, and considering the order of Court of General ^'^^^ ^^j, 664. 
sessi[ons] of the peace held by adjournment at Charlestown on the nai, pp. 147, 149, 
b^^ of Jannuary 1741. confirming the high way in dispute, pursuant to p^sifchap. 57. 
the Committee legally appointed thereon, of the necessity and con- 
veniency, that upon certain conditions of building several bridges, 
and making a cause way; and that the said Chambers Russell and 
associates have expended thereupon considerable sums of money, 
and considering also that the court of General sessions of the peace 
in the. year past, have not enquired into the necessity and conven- 
iency of said way as directed by order of this court in June last, 
and yet have confirmed the said way in a manner different from the 
direction aforesaid and unwarrantable. Therefore 

Ordered i\\QX the j)roceedings of the [Court of General Sessions of 
the Peace aforesaid in the year past be reversed and are hereby de- 
clared null and void ; and the Court of] ' General sessions of the peace 
in the County of Middlesex, upon application of the Committee from 
Concord, proceed with all convenient speed according to the direc- 
tions of the law, to inquire into the common conveniency and neces- 
sity of said ways, and either alter, confirm, or discontinue the said 
way as they shall find agreeable to the law in such caces provided; 
and if said way shall be discontinued, said Court shall receive and 
settle the accounts of the disbursments aforesaid of the said Cham- 
bers Russell and his associates, and determine and order concern- 
ing the repayment thereof according to justice by their direction. 
{^Passed April 15. 

* Inserted from Legislative Records of the Council, xvii. (3), 664. 



228 



Province Laws {Resolves, etc.) . — 1742-43. [Chaps. 240-242.] 



CHAPTER 240. 



Legislative 
Records of the 
Council, 
xvii. (3), 665. 
Mass. 
Archives, 
xxxi., 432. 

Legislative 
Records of the 
Council, xvii., 
Mis., 510. 
House Jour- 
nal, p. 139. 



ORDER IMPOWERING SOL. WANSQUAM, INDIAN, TO SELL LAND. 

A Petition of Solomon Wansquam of Natick Indian praying for 
liberty to sell eleven acres of land for the payment of his Debts con- 
tracted for his necessary support and for purchasing other land more 
convenient 

Eead and 

Ordered that the Prayer of the Pet" be granted And the Pef is 
hereby Authorized and Impowered with the Advice and Consent of 
Cap^ Isaac Coolidge to Sell the Eleven Acres for the purposes herein 
mentioned He to be Accountable for his proceedings herein to this 
Court. [Passed Ajjril 15. 



Legislative 
Records of the 
Council, 
xvii. (3), 665; 
ibid., xvii., 
Mis., 512. 

flouse Jour- 
nal, pp. 169, 170. 
Province 
Laws, iii., 68. 
Ante, p. 204, 
chap. 181. 



CHAPTER 241. 

ORDER ALLOWING £8 TO EDW WINSLOW & TIMOTHY RUGGLES. 

A Petition of Edward Winslow and Timothy Euggles praying for 
an Allowance from this Court for their time and expence in attend- 
ing a Court of Oyer and Terminer held at Nantucket in August last 
for the trial of one Harry Jude (an Indian) for murther, the first of 
the Petitioners as Clerk of the said Court, and the other as Attor- 
ney or Counsel for the King. 

Read and 

Ordered that the prayer of the petition be granted and that the 
sum of Eight pounds be allowed and granted to the petitioners in 
full considerations for their services therein mentioned. [Passed 
A_pril 15. 



CHAPTER 242. 



ORDER SETTING ASIDE A ROOM IN THE COURT HOUSE FOR THE USE 

or COMMITTEES. 



Legislative 
Records of the 
Council, 
xvii. (3), 667. 
Mass. 
Archives, 
xlix, 174. 

House Jour- 
nal, p. 174. 



Whereas the Upper Room in the East Part of the Court House 
which has been for many years used for the Meetings of the Select 
men of the Town of Boston is now vacant by reason of the said 
Select mens holding their Meetings in the Town Hall called Ean- 
uils Hall ; 

Ordered that the said Upper room be hence forward used for the 
Meeting of Committees of this Court or of either House as occa- 
sion shall require. [Passed April 16. 



[2d Sess.] Province Laws {^Resolves, etc.). — 1742-43. 229 



CHAPTER 243. 

ORDER ALLOWING THE ACCOUNT OF THE COUNTY TREAS* OF BRISTOL. 

An Accompt presented by Samuel Howland, Treasurer of the Legislative 
County of Bristol for the year 1741, Having been laid before the councnr**^^ 
Court of General Sessions of the Peace for the said County, and xvii.(3)',667. 
by them allowed : 

Eead and 

Ordered that this Accompt be allowed, and that there remains 
due from the County in debts outstanding to the Treasurer, One 
Hundred and Thirty Two Pounds eighteen shillings and two pence 
halfpeny, when received to be accounted for by the said Treasurer.* 
{^Passed April 16. 



CHAPTER 244. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JOHN WENDELL JUN^ FOR A NEW TRIAL. 

A Petition of John Wendell Jun'' of Boston, praying that a Legislative 
Judgment of the Inferior Court of Common Pleas for the County councif *** *^^ 
of Suffolk in January last upon the Eeport of Referrees obtained xvii. (3)', 668. 
against him by William Maxwell may be set aside (the Rule of Court Mass. 
being entered into without the Petitioners knowledge and consent) ^o-24v^3-m 
and that the Petitioner may have a trial of the merits at the next ^^T^^ Ph^' 
Inferior Court & that Execution be stayed in the mean time. 

Read and 

Ordered that the Petitioner forthwith serve the adverse party the 
said William Maxwell with a Copy of this Petition, that he shew 
cause if any he hath, on AVednesday next, if the Court be then sit- 
ting, if not, on the second Fryday of the next May Session, why 
the prayer thereof should not be granted; and Execution herein 
mentioned is stayed in the mean time.^ \^Passed April 18. 



CHAPTER 245. 

ORDER OF NOTICE ON THE PETITION OF DAY. GIVEN & OTHERS IN 
REGARD TO A TOWN MEETING AT BRUNSWICK. 

A Petition of David Given for himself and divers other Inhabi- Legislative 
tants of the Town of Brunswick, complaining of great irregularity council, 
and unfairness in the Proceedings of their Town Meeting in March Mass.^^^'*^^^' 
last and of the illegal Election of Officers; and praying that the said Archives, cxv., 

Proceedings may be set aside, and an other Meeting for chusing Offi- — 

cers appointed ; and forasmuch as the Assessors for the year 1742 Archives, cxv., 
were not under Oath according to Law, that the Inhabitants may ^Tl";f"3;„P^"i^Q 

1-,,, »T Journal, p. 171). 

be rated by the Assessors tor the year 1741. 
Read & 
Ordered that the Petitioner serve the Select Men & Treas"" of the 

' Not found in the House Journal. 

' At the hearing April 21, 1722, House Journal, p. 181, this petition was dismissed. 



230 



Province Laws {Resolves, e^c.). — 1742-43. [Chaps. 246, 247.] 



Town of Brunswick with a Copy of this Petition, that they shew 
Cause if any they have on the second Thursday of the next May 
Session why the Prayer thereof should not be granted. \^Passed 
April 19,' 



CHAPTEK 246. 



Legislative 
Records of the 
Council, 
xvii. (3),672. 
Mass. 

Arcliives, xlii., 
2-26. 

Mass. 

Archives, xlii., 
225-229. House 
Journal, p. 174. 



ORDER GRANTING W^ HASEY AND OTHERS A NEW TRIAL OF AN 

ACTION. 

A Petition of William Hasey, John Hasey and Samuel Hasey 
all of Chelsea in the County of Suffolk praying that they may be 
admitted to a Trial upon the merits of an Action commenced 
against them by Hannah Lewis at the Court of General Sessions 
of the Peace for the said County held in January last, which action 
went against them by default thro their mistake of the day of Trial, 
yet the said Hannah appealed to the last Superior Court, and the 
Petitioners having been defaulted in the Trial before the Sessions, 
the Superior Court would not admit the Petitioners to defend their 
cause ; Moving also for an Explanation of the Law relating to the 
maintaining of Bastard Children, whether such matters ought not 
to be issued at the Court of General Sessions of the Peace. 

Eead and in answer hereto 

Ordered that the Pef** be allowed a Tryal of the Cause within 
mentioned at the adjourn"^ of the said Court the last tuesday of 
this Month (if the Justices See cause) the default mentioned not- 
withstanding. Provided the Pet" serve the within named Hannah 
Lewis with a Copy of this Order four days at least before the sitting 
of said Court by adjournment. \_Passed April 19. 



CHAPTER 247. 



ORDER IMPOWERING IS^ HOBHOUSE TO ENTER AN APPEAL. 



Legislative 
Records of the 
Council, 
xvii. (3), 661. 
Mass. 

Archives, xlii., 
206. 

Mass. 

Archives, xlii., 
204-214. Legis- 
lative Records 
of the Council, 
xvii. (3), 673. 
House Jour- 
nal, pp. 172, 173. 
Post, p. 232, 
chap. 253. 



A Petition of AVilliam Bollen in behalf of Isaac Hobhouse of 
Bristol in Great Britain, merchant. Shewing that in an Action 
between the said Hobhouse and Peter Luce at the Inferior Court 
held at Boston in July last wherein Judgement was for the said 
Luce, the Petitioner appealed to the Superior Court, but by the 
Petitioners and the Clerk of the Inferior Courts overlooking the 
Entry of his demanding an Appeal, the same was never entered 
in the Superior Court, by which means the said Judgment was 
affirmed without any trial at that Court; Therefore praying that 
the said Appeal may be entered & tried at the next Superior Court 
for Suffolk, or that the Court would grant him some other Relief. 

Read & it appearing that the Attorney of M"' Peter Luce has been 
served with a -Copy of this Petition, & no Answer being given in 

Ordered that the Pef be & hereby is allowed to enter his Appeal 
at the Sup"" Court to be held by Adjournm* at Boston for the County 
of Suffolk on the last Tuesday of this Instant April, & that he be 
entitled to his defence in like Manner, as if he had entred the same 
at the first Sitting of s'' Court, And the Justices of the afores*^ Court 

1 This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council, xvii. (3), the date is April 18. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1742-43. 231 

are hereby impowered & directed to hear & try the Cause within men- 
tioned, enter up Judgm* & award Execution accordingly, Provided 
the Pef serve the s*^ Peter Luce with a Copy of this Order five days 
before the Sitting of said Court. \_Passed AjJril 10. 



CHAPTER 248. 

ORDER WITH STAY OF EXECUTION REFERRING THE PETITION OF 
ABIG. PELL COMPLAINING OF A JUDGMENT. 

A Petition of Abigail Pell of Boston, complaining of a Judg- Legislative 
ment given against her (upon a Bond sued by James Pitts of Bos- counc'if,^**^^ 
ton merchant) by the Inferior Court of Common Pleas for the xyii.(3),674. 
County of Suffolk whereby she is ordered to pay off the said Bond ^S"®*' "^i^^;.- 
in lawful money at the rate of Silver when the Bond was given, rfs' 179', i8o. ' ' 
altho the Condition expressed Bills of Credit; Praying for relief 
from this Court, and that Execution be staid in the mean time. 

Eead and 

Ordered that the consideration of this Petition be refer'd to the 
first Fryday of the next May Session, and that the execution within 
mentioned be staid in the mean time. \^Passed Ajrril 20. 



CHAPTER 249. 

ORDER WITH STAY OF EXECUTION REFERRING THE PETITION OF 
WILLIAM CUNNINGHAM COMPLAINING OF A JUDGMENT. 

A Petition of William Cunningham, complaining of a Judg- Legislative 
ment of the Superior Court in the County of Suffolk in February councif, °* *^® 
last, obtained against him on suit of a mortgage made by the Peti- xYii. (3), 675. 
tioners father of a House and Land in Boston to the Trustees of House Jour-_ 
M" Hannah Townsend dec*^ by which Judgment (altho the condi- rrs/i^ i*o'. "' 
tion for the discharge of the Mortgage was the payment of Bills 
of Credit) he is obliged to pay at the rate of Silver Money at the 
time of making the Mortgage, or to suffer the forfeiture of the said 
House and Land ; praying for relief from this Court, and that Exe- 
cution be stayed in the mean time. 

Eead and 

Ordered that the consideration of this Petition be refer'd to the 
first Fryday of the next May Session, and that the Execution within 
mentioned be stayed in the mean time. \_Passed Aiyril 20. 



CHAPTER 250. 

VOTE DIRECTING THE COMMITTEE APPOINTED TO SELL THE LAND OF 
NATH. COOCHUCK, INDIAN, TO RENDER AN ACCOUNT OF THEIR PRO- 
CEEDINGS. 

Voted that the Committee appointed to make sale of the Lands Legislative 
of Nath' Coochuck of Natick Indian Planter, be directed to lay coundr'*^® 
an Account of their proceedings therein before this Court on the xvu. (3),677. 
First Fryday of the next May Session. ^Pmsed Ainil 22. ^n<e, p^9], 



232 



Province Laws {Resolves, etc.). — 1742-43. [Chaps. 251-253.] 



Legislative 
Records of the 
Council, 
xvii. (3), 611. 
Mass. 

Arclilves, xx., 
337. 

Legislative 
Records of the 
Council, 
xvii. (3), 677. 
House Jour- 
nal, pp. 149, 182, 
Infra, chap. 
252. 



CHAPTEK 251. 

ORDER ALLOWING £50 TO ROBERT AUKMUTY ESQ=. 

Voted that the Sum of fifty pounds be granted and allowed to 
be paid out of the publick Treasury to Robert Auchmuty Esq'' to 
be put into the hands of M' Auchmuty towards the Support of His 
Family in his Absence. \^Passed April 22. 



CHAPTEE 252. 



Legislative 
Records of the 
Council, 
xvii. (3), 678. 
Mass. 

Archives, xx., 
338. 

Legislative 
Records of the 
Council, xvii., 
Mis., 51-2. 
House .Jour- 
nal, pp. 181, 182. 
Supra, chap. 
251. 



ORDER DISMISSING M'' AGENT AUKMUTY. 

"Whereas this Court have been informed by letters from their 
Agents in England that there had been no hearing upon the affair 
of the boundary between this Province and Rhode Island, and it 
was likely to be postpon'd for a considerable time to come, and 
being likewise informed by M"" Aiichmuty's Letters that during his 
being in England He had communicated the full of his knowledge 
in sd Affair; and being further inform'd that He had express'd his 
desire of his being recalled. 

It is therefore 

Ordered that the Secretary by the first ship write to M^ Auchmuty 
in the name of this Court and acquaint him that the Court appre- 
hend that it is no longer necessary for their Service, that He should 
continue in England, and that His Employ as Agent should there- 
fore Cease and Discontinue, 

And it is further 

Ordered that the Treasurer be directed forthwith to remitt to s'^ 
M'' x\uchmuty by good Bills of Exchange or otherwise in the best 
manner He can fifty pounds sterling to provide for his passage, and 
accomodation in returning home. \Passed April 23. 



CHAPTER 253. 



Legislative 
Records of the 
Council, 
xvii. (3), 678. 

Ante, p. 230, 
chap. 247. 



ORDER ON THE PETITION OF PETER LUCE CONTINUING THE TRIAL 

OF AN ACTION. 

A Petition of John Overing Esq^ Shewing that as Attorney to 
M"" Peter Luce he was served with a Copy of a Petition of Isaac 
Hobhouse, praying for liberty to enter his Appeal in an Action 
between him and the said Luce, that the said Luce has been out 
of Town ever since, and therefore will not be ready for the trial 
of the said Appeal at the Adjournment of the Superior Court; 
therefore praying that the trial may be put off till the next Term 
and that the said Hobhouse may have no advantage of any Pleas 
in Abatement. 

Read and 

Ordered, that the Prayer of the Petition be granted, and that the 
Trial within mentioned be accordingly continued to the next Supe- 
rior Court in August for the County of Suffolk, and that no advan- 
tage be taken against the Petitioner for any Pleas of Abatement, and 
that the charges that have already arisen be defrayed by the Peti- 
tioner. [^Passed Aptril 23. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1743-44. 



[233] 



LEGISLATIVE LIST^ 



1 743-44- 



His Excellency WILLIAM SHIRLEY, 

Captain-General and Governor-in-chief, etc. 
JOSIAH WILLARD, Esq,, 

SECRETARY OF THE PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Pro2)rietors of Lands witliin the Territory formerly 
called the Colony of the Massachusets Bay ; 

Samuel Danforth 



William Dudley 
John Osborne 
Ebenezer Burrill 
Francis Foxcroft 
JosiAH Willard 
Jacob Wendell 
Thomas Berry 
Joseph AYilder 
Benjamin Lynde, Jr. 



William Foye 
John Greenleaf 
Samuel Waldo 
• EsQRS. Samuel Watts 

Joseph Dwight 
Richard Saltonstal 
John Chandler 

EZEKIEL ChEVER 



'ESQRS. 



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

John Cushing )^ Shubal Gorham |- 



ESQRS. 



ESQRS. 



Nathaniel Hubbard j ^ * George Leonard 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Province of Main ; 

William Pepperil, Jeremiah Moulton & John Hill, Esqrs. 

Of the Inhabitants of or Proprietors of Lands within the Territory lying 
hefioeen the River of Sagadahoch and Nova Scotia ; 

John Jeffries, Esq. 

1 See Legislative Records of the Council, xvii. (4), 2-7. 
[235] 



236 Province I^xsyb (^Resolves, etc.). — 1743-44. [Represextatives.] 

For the Province, at large : — 
Sylvanus Bourn & Isaac Little, Esqrs. 



EEPRESENTATIVES OR DEPUTIES. 

May 25, 1743 to Ajivil 28, 1744. 

Mr. THOMAS GUSHING, Esq., Speaker. 



County of Suffolk. 

Boston, . . . Thomas Gushing, Esq., 
Mr. Timothy Prout, 
Thomas Hutchinson, Esq., 
Andrew Oliver, Esq. 

Boxbicry, . . Capt. Eleazar Williams. 

Dorchester, . . Cajjt. Thomas Wiswall. 

Milton, . . . Samuel Miller, Esq. 

Brantree, . . Joseph Gooch, Esq. 

Weymouth, . . Major Adam Gushing. 

Hingham, . . Mr. Thomas Gill. 

Dedham, . . Joseph Richards, Esq. 

Wrentham, . . Gapt. James Blake. 

Brooklyn, . . Samuel White, Esq. 

Stoughton, . . Gajit. John Shejiherd. 

GouNTY OF Essex. 
Salem, . . . Daniel Epes, Esq., 

Mr. Jolin Gardner. 
IjJSivich, . . John Ghoat, Esq., 

Daniel Api^leton, Esq. 
Newbury, . . Henry Rolfe, Esq., 

Joseph Gerrish, Esq. 
Marblehead, . James Skinner, Esq. 
Lyn, .... Gapt. William Collins. 
Andover, . . Mr. Nathaniel Fry. 
Beverly, . . Robert Hale, Esq. 
Rowley, . . . Thomas Lambert, Esq. 
Salisbury, . . Mr. David Ring. 
Haverhill, . . Richard Saltonstal, Esq. 
Olocester, . . Gapt. James Davis. 
Topsfield, . . Mr. Jacob Peabody, 
Amesbury, . . Mr. John Whittier. 
Boxfoi'd, . . Mr. Benjamin Porter. 
Bradford, . . Mr. Richard Kemball. 
We?iham, . . Mr. John Dodge. 
Middleton, . . Mr. Timothy Fuller. 

County of Middlesex. 
Cambridge, . Mr. Andrew Boardman. 
Charlestown, . Ezekiel Chever, Esq., 
Mr. Isaac Royal. 



County of 

Watertown, 

Woburn, 

Concord, 

Beading, 

Newton, 

Siidbury, 

Oroton, . 

Marlboro, 

Billerica, 

Framingham, 

Lexington, . 

Chelmsford, 

Sherburn, 

Maiden, . 

Weston, . 

Medford, 

Littleton, 

Hoiikinton, 

Stow, 

Waltham, 

Westford, 

COUN 

Springfield, 
Northampton, 
Hadlcy, . 
Hatfield, 
Westfield, 
Suffield, 
Deerfield, 
Enfield, . 



Middlesex — Concluded. 
. Mr. Jonas Bond. 
. Mr. Rowland Cotton. 
. James Minot, Esq. 
. Samuel Bancroft. 
. Mr. Thomas Greenwood. 
. Mr. Thomas Taylour. 
. William Lawrence, Esq. 
. Samuel Brigham, Esq. 
. Gapt. Enoch Kidder. 
. Joseph Buckminster, Jr., 

Esq. 
. Capt. William Reed. 
. Mr. Benjamin Chamberlain. 
. Capt. Isaac Goolidge 
. Mr. Joseph Lynde. 
. Mr. Joseph Livermore. 
. Mr. Andrew Hall. 
. Mr. Jonathan Prescot. 
. John Jones, Esq. 
. Mr. Timothy Gibson. 
. Capt. John Gutting. 
. Gapt. Thomas Read. 

ty of Hampshire. 
. Mr. John Leonard. 
. John Stoddard, Esq. 
. Eleazar Porter, Esq. 
. Oliver Patridge, Esq. 
. Thomas Ingersol, Esq. 
. Mr. Samuel Kent, Jr. 
. Mr. Elijah Williams. 
. Mr. Thomas Jones. 



County of Worcester. 



Worcester, 

Lancaster, 

Mendoii, 

Woodstock, 

Brookfield, 

Sutton, . 

Westboro, 



Capt. Benjamin Flagg. 
Samuel Willard, Esq. 
Capt. Robert Taft. 
Mr. Isaiah Tiffany. 
Gapt. Josiah Converse. 
Mr. Elisha Putman. 
Capt. Edward Baker. 



[Representatives.] Province l^xw^ (^Resolves, etc.). — 1743-44. 237 



County of Worcester — Concluded. 
Sotithboro, . . Mr. Samuel Liscomb. 
Shrewsbury/ , . Mr. Caleb Johnson. 
Oxford, . . . Mr. Samuel Davis. 

County of Plymouth. 
Plymouth, . . James Warren, Esq. 



County of Bristol. 



Scituate, 
Duxbury, . 
Marshfield, 
Bridgwater, 
Middleboro, 
Rochester, . 
Plyniptoti, . 
Pembroke, . 



Thomas Clap, Esq. 
Capt. Gamaliel Bradford. 
Otis Little, Esq. 
Capt. Josiah Edson. 
Elkanah Leonard, Esq. 
Mr. John Freeman. 
Mr. Benjamin Weston. 
Isaac Little, Esq. 



County of Barnstable. 

Barnstable, . Mr. Robert Davis. 

Sandwich, . . Capt. Timothy Ruggles. 

Yarmouth, . . John Hallet, Esq. 

Eastham, . . Capt. Samuel Knowles. 

Harwich, . . Edmund Freeman, Esq. 

» The House Journal, p. 4, adds : 



Bristol, . 


. Charles Church, Esq. 


Taunton, . 


. Mr. John Godfrey. 


Rehoboih, 


. Mr. Daniel Barney. 


Little Co7n2)ton, . Capt. William Riclimond. 


Dartmouth, 


. IVIr. Moses Mendell. 


Norton, . 


. Ephraim Leonard, Esq. 


Attleboro, 


. John Foster, Esq. 


Dighton, . 


. Sylvester Richmond, Esq. 


Swanzey, 


. Perez Bradford, Esq. 


County of York." 


York, . 


. Samuel Came, Esq. 


Kilter y, . 


. Mr. Tobias Leighton. 


Wells, . 


. Mr. Jacob Perkins. 


Berivick, . 


. Mr. Moses Butler. 


Falmouth, 


. Mr. Samuel Moodey. 


Brunswick, 


. Mr. David Dunning. 



In the County of Nantucket. 

Sherbtirn, . . George Bunker, Esq. 
"North Yarmouth, Mr. Cornelius Sole." 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Twenty-fifth Day of May, A.D. 1743. 



CHAPTER 1. 

ORDER OF NOTICE ON THE PETITION OF HAN. FARNSWORTH TO PUT 

A BOND IN SUIT. 

A Petition of Hannah Farnsworth of Groton widow, Shewing Legislative 
that her son Joseph Farnsworth dec^' was obliged by Bond to sup- councff *'* ^'^^ 
port her during her life, as his ildminist" are since his decease, xvu. (4)', 23. 
which they refuse to do ; and therefore Praying that she may have Archives, 

power to put the said Bond in suit, her name not being mentioned xviii., 133. 

in the said Bond as an Obligee. Mass. 

T, T , ° Archives, 

Kead and xviii., 131-134. 

Ordered that the Pef serve Dan' Farnsworth and Tim° Gibson ^a^I^p^ w."'"' 
Adm" upon the Estate of Joseph Farnsworth dec'd with a copy La°v8°xii 543 
of this Pet° that they shew cause (if any they have) on the first chap. '157. '' ' 
fryday of the next Sitting of this Court why the Prayer thereof 
should not be granted. [Passed May 27. 



CHAPTER 2. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
W-^' CUNNINGHAM COMPLAINING OF A JUDGMENT. 

On THE Petition of William Cunningham, [ante, p. 231, chap. Legislative 

249"! Records of the 

■J Council, 

Kead, & xvii. (4),23. 

Ordered that the consideration of this Petition be further refer'd House Jour, 
till the seventeeth day of June next, & the Execution therein men- ^ntfy'v^iu, 
tioned be stayed in the mean time. [Passed May 27. chap! 249. 



CHAPTER 3. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ABIG. PELL COMPLAINING OF A JUDGMENT 

On THE Petition of Abigail Pell, [ante, p. 231, chap. 2481 Legislative 

-p^,j v\ ' L 5 r » r J Eecords of the 

±ieaa tv council, 

Ordered that the consideration of this Petition be refer'd till the xy"-(4),23. 
Seventeeth day of June next, and the Execution therein mentioned House Jour- 
be stayed in the mean time. [Passed May 27. Anie,'x>. -m, 

[239] 



240 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 4-6.] 



CHAPTER 4. 



ORDER IMPOWERING MARY WARD TO SELL PART OF AN ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (4), 27. 
Mass. 
Archives, 
xviii., 121. 

Legislative 
Records of the 
Council, xvii., 
Mis., .513. 
House Jour- 
nal, p. 20. 
Province 
Laws, xii., 369, 
chap. 21. 



A Petition of Mary Ward (late Winchester) praying tliis Court 
to rectify a mistake made in an Order of the General Court pass'd 
the 10"' of June 1737, upon her former Petition, impowering her to 
sell the real Estate of her late husband, it being therein described 
as lying wholly in the town of Stow, whereas part of it lies in the 
town of Sudbury. 

Eead [and] 

Ordered that the Prayer of the Petition be granted. And the 
Petitioner is accordingly hereby impowered to sell that Part of 
the Estate within mentioned which lies in the Town of Sudbury 
as well as that which lies in Stow she giving security for disposing 
of the Produce thereof to the Judge of Probate for the County of 
Middlesex in manner as is provided in the Order on the Petitioners 
former Petition. \^Passed May SO.'- 



CHAPTER 5. 



ORDER OF NOTICE ON THE LEOMINSTER PETITION TO LEVY A TAX 

ON LAND. 



Legislative 
Records of the 
Council, 
xvii. (4), 30. 
Mass. 

Archives, cxv., 
149. 

Mass. 

Archives, cxv., 
147. House 
Journal, p. 22. 



A Petition of the Select Men of the Town of Leominster set- 
ting forth the great charge they have been at & will likewise be 
still put to for the support of the Ministry, maintenance of Bridges, 
Highways &° and therefore praying that they may be impowered to 
assess the ^ a rate on the improved and unimproved lands in said 
Town, for five years to come at one peny per Acre, for the support 
of the Ministry in the said Town. 

Eead and 

Ordered that the Pet" inform the Non resident Prop" of the 
lands in said Township by Posting up ISTotifications of the purport 
of this Petition and Order thereon in the Towns of Lancaster, Har- 
vard, and Bolton that they shew cause (if any they have) on the first 
fryday of the next Session of this Court, why the Prayer thereof 
should not be granted. [Passed June 1. 



CHAPTER 6. 

ORDER IMPOWERING W^ HIX TO COLLECT TOLL FOR PASSING BRIDGE 
OVER THE ACOXET RIVER. 



Refords'of the ^ PETITION of William Hix, Shewing that upon the encourage- 
Councii, ment of the General Court he has been at great charge in building 

xvn. (4), 32. — ^ Bridge over Acoxet ' Eiver and in keeping it in repair ; and there- 

1 This date is according to Mass. Archives, the House Journal and Legislative Records 
of the Council, xvii., Mis. ; according to Legislative Records of the Council, xvii. (4), the 
date is May 31. 

a Sic. "Mass. Archives, cxv., 148, reads: "to assess all the Lands," etc. 

' Acoaksett. 



[1st Sess.] Province Laws {Resolves, etc.). — 1743-44. 241 

fore praying that he may be allowed two pence lawful money instead Arehlves 
of one peny allowed by the first Establishment. cxxi., 235'. 

PoQrl Qiifl Legislative 

IteaCl ana Records of the 

Ordered that the prayer of the Petition be granted, and that mis^sis^^""' 
the Petitioner be allowed to take and receive as Toll for passing House Jour- 
the Bridge, one peny for every single passenger, and two pence for province 
every horse and man, and one peny for every Horse, Ox or Cow, ^'^ap^ll''' ^^^' 
for every Score of Sheep or Hogs five pence per score, and so pro 
ratd, till further Order of this Court. {^Passed June 2. 



the 



CHAPTER 7. 

ORDER OF NOTICE ON THE PETITION OF DAN. JAQUES JUN^ AND 
OTHERS OF BRADFORD TO BUILD A MEETING HOUSE. 

A Petition of Daniel Jaques Jun-- & others Inhabitants of the Krds'of 
"West Precinct of Bradford; Shewing that the Inhabitants of the Council, 

wii ^4-'l ^2 

said Precinct in a lawful Meeting voted the building of a new Mass. ' 
Meeting house in the center of the said Precinct, and voted a f^^^'^^^' ^"■' 

sum of money to be raised for defraying the charge; but now ^^^^^ 

they utterly refuse to proceed in the said affair to the great injury Archives xii., 
of the Petitioners; and therefore praying that this Court would journal, p.*'25^.* 
give Orders that the said Meeting house be built in the place Set 
by said Vote. 

Eead and 

Ordered that the Petitioners serve the first Parish in Bradford 
with a Copy 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. {^Passed June 2. 



CHAPTER 8. 

ORDER ALLOWING £250 TO JN" WHEELWRIGHT. Legislative 

Records of the 

A Memorial of M' John Wheelwright, Setting forth his great xvii. (4)', 35. 
trouble in managing the Indian trade and supplying the Garrisons, Archives, cix., 
and praying for an Addition to his Allowance for that service. ^ 

Eead and in answer hereto ^}^^?; 

ArcnivGS cix 

Ordered that the Pef be allowed in his next Ace* to Charge the 388. Legisia-'' 
Province two hundred and fifty pounds Old tenor for his Service ti7e^c^tfncii,^ ''^ 
herein mentioned. [Passed June 3. House^joiir^^" 

nal, p. 29. 



CHAPTER 9. 

ORDER DIRECTING THE PAYMENT OF THE PREMIUM ON CANVAS TO Legislative 

JON-^ SMITH. Records of the 

Council, 
xvll. (4), 35. 

A Certificate Signed by tlie Surveyors of Canvas, importing ^^rchiVes 
that they had surveyed two pieces of Canvas manufactured by Jon- xviii., 128. 



242 Province Laws {Resolves, etc.). — 1743-44. [Chap. 10.] 

» 

Province athaii Smith of Hadley & found them to be conformable to the Order 

Laws, ii., 241, j! j.i /^ i r< j. 

chap. 1; 268, 01 the General Court. 

Jom^iia?°p ^sl). Ordered that the Treasurer be directed to pay the Premium allowed 
by a Law of this Province to the within named Jonathan Smith the 
said Law being expired notwithstanding. \^Passed June 3. 



CHAPTEE 10. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE AND ESTABLISH- 
ING THE BOUNDARY LINE BETWEEN SPRINGFIELD & SUFFIELD. 

Legislative Whereas the Great & Gen"**" Court or Assembly of the Province 

Council, of the Masschusetts Bay on Decemb"" the 10'^ 1742 on A Motion 

Mass.'*^' ^' made by the Agents of the Towns of Springfield & Suffield in the 
Arciiives, cxv., County of Hampshire respecting the Controversies about the divid- 
-^ ing line between the Said Towns 

Mass. j^ ,7 -1 

Archives, cxv., I OteCt anci 

ttve^Beco^Kisaf Ordered that we the Subscribers together with Israel Williams 
the Council, Esq"" Sliould be A Committee to repair to the line in controversie, 
xvii'.'(3/,%'43.^' hear the Parties thereon, & report What we think Proper for the 
nai^^f 29^' Gren'**' Court to do thereon at their Sessions to be held in May Anno 
Anie,y. iio, Dom : 1743 & having on the 13^^ & 14''' days of April Current re- 
chap. 28. paired to the Spot & fully heard All The proofs & Allegations of 
both the parties & Examined both the lines with the Marks & boun- 
daries therein We find that in the Year 1670 the Gen'**' Court Granted 
A Tract of Land of the contents of Six miles Square between Spring- 
field & Winsor for A Township Since Called Suffield & Appointed A 
Committe to order the Prudentials of S*^ Town Who in Jan'^^ 1674 
run & mark'd the line between Springfield & Suffield from Connect- 
icot river to Westfield & Bounds & that the Said line has been noto- 
riously known not only by the Inhabitants of Springfield & Suffield 
but Also by those of Westfield their neighbours for near Sixty Years 
past & that there has been Ancient Improvments limitted & bounded 
by S'' Line & that the Said line is run upon or nigh A right Angle on 
Exact Square with the Gen^ Course of Connecticot river against Suf- 
field & by the record the Afore S** Committee made of their runing 
& Marking the line in Jan"''' 1674 we find that many trees were marked 
by the S'' Committee with the Letters S P for Springfield on the North 
Side & ^ for Suffield on the South Side & by cutting into S'^ Trees 
near Six Inches Deep we uncovered those letters in their full & per- 
fect Shape & that the number of Grains or Years growths in one of 
S*^ Trees (wliich was the only Sound one we met with) was Sixty 
Eight Exactly agreeing with the Numbers of Years Since the S*^ 
Committee run & Mark'd the line the Other trees Altho the S*^ let- 
ters plainly Appeard yet being defective the grains or Years growth 
could not be Exactly numbred. but in the line that Springfield would 
have the dividing line we did not find Any Appearance of Antiquity, 
none of the letters Afores*^ nor any Signs of Marking but on the Bark 
of the trees that Seem to be of but few Years Standing, We also find . 
that the bounds of the Town of Suffield are more Ancient than Spring- 
field & that Whether Suffield can Challenge So farr north as the Afore 
S'' Ancient line or not yet Springfield can Challenge no further South 
and the S*^ Ancient line we find to be as Nigh Due West as can ordi- 
narily be Supposed to be Eun without A Compass w'^'' was the Com- 
mon Practice att That Day Upon the whole the Committee are of 



[1st Sess.] Province Laws (Hesolves, etc.). — 1743-44. 243 

Opinion that the Afore S*^ Ancient line run & Marked by the Coni"^® 
in 1G74: be & be Establish'd as the dividing line |Iine| ' between the 
Towns of Springfield & Suffield Afore S'l All Which is Humbly Sub- 
mitted Joseph Dwight 

Springfield April 16" 1743 |,^^-^.^ C P","™" 

Ebenezer Smith 

Kead & 

Ordered that this Eeport be accepted, & that the Boundary Line 
between the Towns of Springfield & Suffield be established accord- 
ingly, [Passed June 3. 



CHAPTER 11. 

ORDER OF NOTICE ON THE PETITION OF NATH. COWDRY AND OTHERS 
OF SUNDERLAND TO BE ERECTED INTO A SEPARATE PRECINCT. 

A Petition of Nathaniel Cowdry and a considerable number of j^lfordfof the 
others Inhabitants of the Town of Sunderland, Setting forth their council, 
distant situation from the place of publick Worship in said Town, x^"- (^).39. — 
and the badness of the roads thither; and therefore praying to be na*i"p^ 31°^^' 
set ofE as a Separate Precinct. 

Eead and 

Ordered, that the Petitioners serve the Town of Sunderland with 
a Copy or this 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 June 4. 



CHAPTER 12. 

ORDER IMPOWERING THO« SOODUCK, INDIAN, TO SELL LAND. . 

A Petition of Thomas Sooduck of Natick, Indian, praying that ^^fo^^^^^^f ^jj^ 
he may be allowed to sell Forty Two Acres of Land he has lately pur- councu, 
chased in said place, to enable him to pay certain legacies ordered by M^'gg.^*^ '**''■ 
his Fathers last Will and Testament to be paid by him to his brothers ^':^'."^|f^ 
and sisters. 



T, 1 T Legislative 

Kead and Records of the 

Ordered that the Prayer of the Pet° be so far granted as that Mis^M-t.^^""' 
the Pef have leave with the Advice of Joseph Richards Esq"" to Sell House Jour- 
so much of the land herein mentioned as will pay the Sum due of "^'^i^- • 
One hundred Ninety four pounds Six shillings and eight pence, old 
tenor He to be Accountable to the Court for his proceedings herein. 
[Passed June 4. 

» Sic. 



244 



Province Laws (Besolves, etc.) . — 1743-44. [Chaps. 13, 14.] 



CHAPTEK 13. 



Legislative 
Records of the 
Council, 
xvii. (4), 40. 
Mass. 
Archives, 
Iviii., 329. 

Legislative 
Records of the 
Council, xvii., 
Mis., 514. 
House Jour- 
nal, pp. 27, 31. 



ORDER IMPOWERING SWANZEY INHABITANTS TO SELL LANDS. 

A Petition of Perez Bradford Esq"^ and others, Agents for the 
town of Swanzey, Shewing that there are several small parcels of 
land given by the original Proprietors of said Town for the support 
of the School there, which being poor and uncultivated Land and 
lying at a distance from one another, are of little or no benefit for 
the use they were intended; and therefore Praying that they may 
be impowered to sell and give a good title to said Lands to such as 
will purchase them; the produce thereof to be laid out for other 
lands that may be more profitable for the use aforesaid. 

Eead and 

Ordered that the prayer of the Pet" be so far granted as that the 
Pef^ Perez Bradford Hezekiah Luther and Esec Brown be and they 
hereby are Enebled and Impowered with the Advice and Consent of 
Nath^ Hubbard and Charles Church Esq" to make sale of the School 
Master's Lotts so called in the Township of Swanzey and refer'd to 
in s'^ Pet" and to give good and sufficient Deeds therefor and the 
produce thereof to lay out in other lands to be applyed and remain 
for the ends and purposes for which the S'' Schoolmasters Lotts were 
originally laid out or granted. [Passed June 4. 



CHAPTER 14. 



Legislative 
Records of the 
Council, xvii.. 
Mis., 515. 

Mass. 

Archives, cii., 
291. Legisla- 
tive Records of 
the Council, 
xvii. (4), 45. 
House Jour- 
nal, pp. 38, 39. 
Province 
Laws, ill., 8, 
chap. 3; 29, 
chap. 14; 68, 
note. 



ORDER IMPOWERING THE JUSTICES OF THE SUPERIOR COURT TO 
RECONSIDER JUDGMENTS GIVEN FOR DEBTS DUE ON BONDS AND 
MORTGAGES. 

Whereas it appears to this Court, that from the Year One thou- 
sand seven hundred and twelve, to the year One thousand seven hun- 
dred and forty two, it has been the uninterupted practice of the 
executive courts within this province, in Chancering penalties upon 
all bonds and mortgages, the condition of which has been, the pay- 
ment of bills of credit or the payment of bills of credit ' or lawful 
money, to make up judgment for the nominal sum expressed in the 
condition of such bonds and mortgages, with the additions of inter- 
est due thereon, and execution awarded on said judgments have been 
levied by the sheriff, for the value of the nominal sum in bills of 
credit of the old tenor, and said sums in said bills have been con- 
tinually accepted by the Creditor in satisfaction of the debt. And 
whereas it further appears that the intent, and expectation of those 
persons who have from time to time, borrowed and lent any sum of 
bills of credit on penal bonds, and mortgages; (except where the 
value of the bills of credit has been fixed and assertained) has been 
to pay, and be paid, the same nominal sum in bills of credit again ; 
and to run the risk of their rising or falling in value, And the afore- 
said practice of the courts, and the said intent and expectation of 
the parties have had an influence upon all trade and dealing through- 
out the Province. And whereas (the aforesaid practice of the exec- 
utive courts in making up judgment on such bonds and mortgages, 



' The words " or the payment 
Council, xvii. (4), 45. 



credit" are omitted in Legislative Records of the 



[1st Sess.] Province Laws (Besolves, etc.). — 1743-44. 245 

being known to be established as aforesaid,) this Court did by two 
several acts made and passed, in the fifteenth and sixteenth years 
of his present Majesty, the first of which is entitled, "An act for 
supplying the Treasury with the sum of Fifteen thousand pounds 
&c." and the other, "An Act for supplying the treasury with the 
sum of Twelve thousand pounds &cc; enact and declare, that any 
debt contracted before the thirty first day of October 1741. which 
might have been paid and discharged in Province bills, of the old 
tenor, and also any debt contracted between the said thirty first of 
October 1741, and the first of April 1742. where the contracting 
party's have not expressly otherwise agreed: may be discharged by 
bills by the said acts emitted in proproportion ' of one to four. And 
whereas the Judges of some of the Inferior courts of Common pleas, 
and of his Majesty's Superior Court of Judicature, have of late in 
making up judgment for debts uj^on such bonds and mortgages, 
made an allowances ' to the Creditor for the depreciating of the 
bills of credit, mentioned in the Condition or proviso of such bonds 
or mortgages from the value they were, of at the time of contract- 
ing the debt, contrary to the common construction of such bonds 
and mortgages, and course of Judicial proceedings as aforesaid. And 
whereas it appears that the alteration thus made by the court of Judi- 
cature, in their practice in Chancering the forfeitures of bonds and 
mortgages, conditioned as aforesaid, and their departure from that 
which they have heretofore judged to be the most equal rule for 
chancering the just debt, and damage, upon such bonds, and mort- 
gages; is, and will if persued, be attended with manifest injustice. 
Therefore 

Resolved that it be, and hereby is, recomended to His Majesties 
Justices of the Superior Court at their next term, in the respective 
courts; and they are hereby enabled and empowered to reconsider 
such judgments as they have already given for debts due upon bonds 
and mortgages of the several courts aforementioned, and execution 
on all such judgments is staid in the mean time, and it is further 
recomended to the Justices since the second Tuesday of August last, 
and to govern themselves accordingly in their future chancering 
of the penalty of all such bonds and mortgages entered in to and 
made before the last day of October One thousand Seven hundred 
and forty one, by the intent of the parties, according to the con- 
struction thereof, which has heretofore been settled and established 
in the Superior Court, as well as in the inferior Courts within this 
Province. [Passed June 8. 



CHAPTER 15. 

ORDER ALLOWING THE ACCOMPT OF BARNSTABLE CO. TREASURER. 

An Accompt presented by Ebenezer Lewis Esq"" Treasurer of the Legislative 
County of Barnstable for the year 1742, having been laid before the ^^^^ctr* ^''^ 
Court of General Sessions for the said County, and by them allowed: xvii. (4), 47. 

Eead and House Jour- 

Ordered that the within Accompt be allowed, and that the Bal- °*'P^' ^• 
lance thereof, being Ten Pounds five shillings and two pence three 
farthings, the Treasurer is further accomptable to said County for. 
[Passed June 8. 

1 Sic 



246 



Province Laws (Besolves, etc.). — 1743-44. [Chaps. 16-18.] 



CHAPTER 16. 



ORDER ALLOWING THE ACCOMPT OF THE MIDDLESEX CO. TREASURER. 



Legislative 
Records of the 
Council, 
xvii. (4), 48. 

House Jour- 
nal, pp. 15,32. 



An Accompt presented by Daniel Russel Esq"" Treasurer of the 
County of Middlesex for the year 1742, having been by him pre- 
sented to the Court of General Sessions of the Peace for the said 
County and by them allowed: 

Read and 

OrfZerefZ that the within Accompt be allowed and that the Bal- 
lance thereof, being Thirteen Pounds, nine shillings and eleven 
pence one farthing, the Treasurer is further accountable to said 
County for. [Passed June 8. 



CHAPTER 17. 



ORDER ALLOWING THE ACC^ OF THE YORK CO. TREASURER. 



Legislative 
Records of the 
Council, 
xvii. (4), 48. 

House Jour- 
nal, pp. 15, 32. 



An Accompt presented by Jeremiah Moulton Esq'' Treasurer of 
the County of York, having been by him laid before the Court of 
General Sessions of the Peace for the said County, and by them 
allowed : 

Read and 

Ordered that the within Accompt be allowed, & the Ballance 
thereof being One Pound five shillings the said Treasurer is ac- 
countable to said County for. \Passed June 8. 



Legislative 
Records of the 
Council, 
xvii. (4), 48. 
Mass. 

Archives, xii., 
317. 

Mass. 

Archives, xii., 
315. House 
Journal, p. 34. 



CHAPTER 18. 

ORDER OF NOTICE ON THE PET^ OF SAM'- WITT AND OTHERS OF MARL- 
BORO TO BE ERECTED INTO A SEPARATE PRECINCT. 

A Petition of Samuel Witt and others Inhabitants of that part 
of Marlborough called Egogankamisset, Shewing that they were set 
to the said Town of Marlboro only during the Courts pleasure, their 
lands being a distinct Propriety, purchased of the Indians ; and for- 
asmuch as they are now able to support a Minister, praying that they 
may be made a distinct Precinct. 

Read and 

Ordered that the Pef^ serve the Town of Marlborough with a 
Copy of this Pet" 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 June 8. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1743-44. 247 



CHAPTER 19. 

ORDER OF NOTICE ON THE PETITION OF SAM^- ENDICOT AND OTHERS 
TO BE ANNEXED TO THE VILLAGE PRECINCT IN SALEM. 

A Petition of Samuel Endecot, John Porter, and others, In- Legislative 
habitants and Proprietors of the farms called Endicots and Porters councif "^^ *^^ 
Farms, shewing that they ly at the North end of the Middle Pre- xvii. (4)', 49. 
cinct in the Town of Salem, in a narrow slip the whole length of House Jour- 
the Village Parish on the Southerly side of it, and only parted from /»/•«,' chap. 20. 
it by the High way, and are much nearer to the Village Meeting 
House than to the Meeting House in the Middle Precinct; praying 
that they may be set off to the said Village Precinct. 

Kead and 

Ordered that the Petitioners serve the Parish Committee of the 
Middle Precinct (so called) with a Copy of this Petition, that they 
shew cause if any they have, on the Second Wednesday of the next 
Sitting of this Court, why the prayer thereof should not be granted. 
\^Passed June 8. 



CHAPTER 20. 

ORDER OF NOTICE ON THE PETITION OF THE VILLAGE PRECINCT IN 
SALEM PRAYING FOR THE ANNEXATION OF CERTAIN ESTATES. 

A Petition of James Prince, Agent for the Village Precinct in Legislative 
Salem, setting forth the smallness of their numbers and estates and cofmcn "^*^^ 
the greater increase of the Middle Precinct in their neighbourhood; xvii. (4)', 49. 
and praying that the farms called Endicots and Porters Farms with Archives, ex v.. 

the Inhabitants thereon, who are commodiously situated for the Vil- ^^ 

lage, may be taken off from the said Middle Precinct and annexed Y*^h- 

. . 1 ArCtllVGbj CXV.) 

to them. 159. House 

T?pfld and Journal, p. 35. 

Jteau anu supra, ch&^. 

Ordered that the Pef^ serve the Parish Comm® of the Middle ^^• 
Precinct so called with a copy of this Pet" that they shew cause 
if any they have on the second Wednesday of the next sitting of 
this Court why the Prayer thereof should not be granted. \^Passed 
June 8. 



CHAPTER 21. 

VOTE ALLOWING £5 PER ANNUM FOR FIVE YEARS TO JOSIAH JOHNSON. 

It being represented to this court that the pension allowed to Legislative 
Josiah Johnson late of Woburn, now of Billerica, expired the fourth coundf, x vihf 
of July last, and that his wounds, which he received in the publick ^f's-. 522. 
service against the Indians, are still open and incurable whereby he Archives, 
is utterly unable to maintain himself; therefore, ixxn., 646. 

Voted that the said Josiah Johnson be allowed to have a Stipend ^fordg^of the 
of Six pounds ^ Annum Bills of the last Emission for the Space Council, 
of five Years to be accounted from the Expiration of the Term of House Jour- 
the last Stipend which was on the 4"' day of July last, the money provinc"'*^' 
to be paid him out of the publick Treasury Annually, [^Passed Laws, xu., 485, 
Jiine 9. ''^^^- ^^- 



248 



Province Laws (^Resolves, etc. ) . — 1 743-44. [Chaps. 22-24. ] 



CHAPTER 22. 



ORDER OF NOTICE ON THE PETITION OF BENJ BARKER FOR A NEW 
TRIAL OF A CAUSE. 



Legislative 
Records of the 
Council, 
xvii. (4), 53. 
Mass. 

Archives, xlii., 
310. 

Mass. 

Archives, xlii., 
309-316. House 
Journal, pp.35, 
36. Ante, 
p. 149, chap. 52. 



A Petition of Benjamin Barker of Andover; shewing that he 
obtained Judgment upon three several trials against the Proprie- 
tors of the common lands in Haverhill, in an Action of Ejectment 
for the recovery of sixty acres of land, that the said Proj)rietors 
were allowed by this Court a fourth Trial, in which they obtained 
Judgment ; and for as much as some witnesses and papers in the 
case were wanting at this trial, therefore praying that he may be 
admitted to an other Trial of the said cause, at the next Superior 
Court. 

Eead and 

Ordered that the Pef serve the Prop" of Haverhill with a copy 
of this Pet° that they shew cause if any they have on the first 
Wednesday of the next sitting of this Court why the Prayer thereof 
should not be granted. [Passed June 9. 



CHAPTER 23. 



RESOLVE ALTERING THE TIME FOR HOLDING THE COURTS OF GENERAL 
SESSIONS AND COMMON PLEAS FOR THE COUNTY OF BARNSTABLE. 



Legislative 
Records of the 
Council, xvii., 
Mis., 522. 
Mass. 

Archives, xlii., 
322. 

Legislative 
Records of the 
Council, 
xvii. (4), 56. 



Whereas the time for holding the Court of General Sessions of 
the Peace And Inferiour Court of Common Pleas at Barnstable 
within & for the County of Barnstable hath been Altered from the 
first Tuesday in July, to the last Tuesday in June. 

Resolved That All writts suits Plaints Process Appeals Reviews 
Recognizances or other matters or Things what so ever which now 
are Depending in the Law. in s'^ County of Barnstable that were 
Triable or to be heard In s'^ Courts on the first Tuesday of July, 
shall be Tried heard and Determined by y® said Courts to be holden 
on y® last Tuesday, of June & not fail or be Discontinued; but have 
the same day and be valid & Good to all Intents & purposes in tlie 
Law. and that the Time for Granting of Licenses in s*^ County of 
Barnstable Annually shall be at y'' Session of the Court of General 
Sessions of the Peace In June any thing in the Law to y^ Contrary 
Notwithstanding And all Officers and other persons are required 

to Conform themselves hereto Accordingly.' [Passed June 10. 



CHAPTER 24 



Legislative 
Records of the 
Council, 
xvii. (4), 56. 
Mass. 
Archives, 
xlix., 175. 

House Jour- 
nal, pp. 49, 50. 



VOTE FOR CELEBRATING THE DAY OF HIS MAJESTYS ACCESSION. 

Whereas Saturday the 11''' Inst* will be the happy Anniversary 
of the Accession of his Majesty our most gracious Sovereign Lord 
King George the second to the Crown of Great Britain 

Voted that the same be celebrated To Morrow in the Court House. 
[Passed June 10. 

1 Not found in the House Journal. 



[1st Sess.] Province Laws {Resolves, etc.). — 1743-44. 249 

CHAPTEE 25. 

ORDER ALLOWING THE ACCOMPT OF THE WORCESTER CO. TREASURER. 

An Accompt presented by Benjamin Flagg, Treasurer of the Legislative 

County of Worcester for the year 'lT42; having been by him laid Sndf, *"* *^* 

before the Court of General Sessions of the Peace for the said xvii. (4),57. 

County and by them allowed: House Jour- 

-r, < T -^ nal, pp.15,32. 

Bead and 

Ordered that the within iVccompt be allowed, and that the Bal- 
lance thereof, being Thirteen Pounds fiye shillings and nine pence 
half peny, the said Treasurer is further accountable to said County 
for. \_Passed June 10. 



CHAPTER 26. 

ORDER IMPOWERING SAMUEL ABRAHAM, INDIAN, TO SELL LAND. 

A Petition of Samuel Abraham of Natick, Indian, praying that Legislative 

• ' — »/ cij ^ Rftcorus of Liifi 

he may be impowered to sell Ten Acres of his common lands in council, 
Natick, the produce whereof to be laid out in finishing his house, Mass.^*^'^^" 
in purchasing stock, and for his more comfortable living in his old Archives, 



-T) 1 1 Mass. 

Kead and Archives, 

Ordered that the Pef be allowed and Impowered with the Advice Legislative 
and Assistance of Joseph Eichards Esq"" to Sell ten Acres of the land Records of the 
herein mentioned, the produce thereof to be applyed to the purposes m*18.°517.^^"'' 
mentioned in this Petition He to be accountable to this Court for J?„S^?®/S.V^oo 
his proceedings herein. yFassed June 10. 



CHAPTER 27. 

ORDER IMPOWERING JOHN SALE & OTHERS TO SELL PART OF AN 

ESTATE. 

A Petition of John Sale with others his Children being of Age Legislative 
and the Guardian of his son who is a minor, who are Grandchildren coumif ^* *^^ 
of Penii Townsend Esq'' shewing that the said Penn Townsend by xvu. (4)', 66. 
his last Will and Testament impowered the said John Sale with the Archives, 
consent of Addington Davenport Esq"" noAv deceased to sell any part x^^'-'i'to- 
of his real Estate for the payment of his just debts; that the Peti- ^re^ives 
tioners apprehend it will be much for their interest to have the South- xvUi., m'-us. 
erly part of a house and land situate in Marlboro Street in Boston RecordVo?the 
(part of said Estate) sold ; but by reason of the minority of one of 5i°g"5\'^ ^^""^ 
the heirs they can not give a Title to the Possessor; and therefore House .Jour- 
praying that this Court would impower the Petitioners to make sale ^^ ' ^' 
of the premisses accordingly. 

Eead & 

Ordered that the prayer of the Pet" be granted & that tlie pet" 
be & hereby are enabled to make Sale of the Southerly half part of 
the House & Land within menf' & to execute a Deed for Convey- 



250 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 28-30.] 



Archives, cxv., 
61-63, 66. 
House Jour- 
nal, p. 27. 



ance of the same in due form of Law to such person as shall give 
most for the same, The Minors part of the produce of the Premises 
to be paid to his Guardian & by him to be improved for the Minors 
best Advantage. '[Passed June 10. 



Legislative 
Records of the 
Council, 
xvii. (4), 67. 
Mass. 

Archives, cxv., 
62. 



CHAPTER 28. 

ORDER OF NOTICE ON THE PETITION OF DANIEL BOYDEN AND OTHERS 
TO BE ERECTED INTO A SEPARATE PRECINCT. 

A Petition of Daniel Boydeii in behalf of divers Inhabitants 
of the North West part of Sutton, the South West part of Worces- 
ter, the East part of Leicester, and the North East part of Oxford; 
praying that they with their Estates may be made into a separate 
Precinct. 

Read and 

Ordered that the Pef serve the Towns of Worcester Leicester 
Sutton and Oxford 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 hereof should not be granted. ' [^Passed 
June 10. 



CHAPTER 29. 

ORDER IMPOWERING JN*^ WOOD & DAN'^ CHAMPNEY JUN'' TO BRING 
IN AN ANSWER TO A PETITION. 



Legislative 
Records of the 
Council, 

xvii. (4), 78. 
Mass. 

Archives, xlii., 
339. 

Mass. 

Archives, xlii., 
338. Ante, 
p. 211, chap. 
201. Infra, 
chap. 30. 



A Petition of John Wood and Daniel Champney Jun"" Shewing 
that they have divers things to object against the Petition of Daniel 
Champney given in the beginning of this Session; and therefore 
praying that they be allowed to give an answer to the said Petition. 

Read & 

Ordered that the prayer of this Petition be granted & that the 
Pet" bring in their Answer to Dan^ Champney's Pet" on y® 15"' 
Inst. & in the mean time serve the said Dan^ Champney with a 
Copy of this petition and Order.* \Passed June 10.^ 



CHAPTER 30. 



Legislative 
Records of the 
Council, 
xvii. (4), 79; 
ibid., xvii., 
Mis., 518. 

Mass. 

Archives, xlii., 
333-336. Legis- 
lative Records 
of the Council, 
xvii. (4), 30, 78. 



VOTE TO RECONSIDER THE PETITION OF DAN^- CHAMPNEY. 

[Daniel Champney's petition being] Read and it appearing that 
the administratrix on the Estate of Edmund Goff Esq'' deceased, 
has been served with a copy of this petition, but no answer being 
given in. 

Ordered that the prayer of the petition be so far granted, as that 
the petitioner be enabled in his own name and in the name of his 
sons Daniel Champney Jun"" and Downing Champney, to bring his 
writ of reveiw of the action within mentioned at the next inferior 

1 At the hearing held September 14, 1743, House Journal, p. 87, the petition was dis- 
missed. 

^ Not found in the House Journal. 

^ This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (4) , the date is June 16. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1743-44. 251 

Court of common pleas to be holden at Concord for the County House Jour- 
of Middlesex in August, and that the administra[tri]x aforesaid be ^nu,'p^iu^ 
held to plead an issual, and the Justices of said Court, be empow- ^supra''^chav 
ered to hear and try the same, enter up Judgment, and award ex- 23. 
ecution accordingly. 

Ordered that the above order be reconsidered. ' [Passed June 10.^ 



CHAPTER 31. 

ORDER WITH STAY OF EXECUTION IMPOWERING SiAW- BROWN TO 
BRING FORWARD A WRIT OF REVIEW. 

A Petition of Samuel Brown of Boston complaining of great Legislative 
injustice done him by Cpt. John Homans, Executor of the Testa- council, 
ment of his brother William Brown dec*^ more especially for his Mass.^*^'^*^' 
carrying on a suit against him for his brothers estate in the Peti- Archives, 

• wiii 147 

tioners hands, while he was dangerously sick and not able to make — ^ 

any defence ; and therefore praying that he may have liberty to bring Archives, 
his Writ of Review of the said Action at the next Inferior Court of Ll^is'iaUve^^' 
Common Pleas for the County of Suffolk, and that the Execution Records of the 
against him may be stayed in the mean time. xvir[4)', 68. 

Read together with the Answer of Cpt. John Homans; And the ^^"^'''^oTIq 

-\r 1 ■ p ^^ -11 Ual, pp. 30,53. 

Matter being luily considered, 

Ordered that the Prayer of the Petition be so far granted as that 
the Petitioner be & hereby is enabled to bring his Writ of Review 
of the Cause within mentioned to the Inferior Court of Common 
Pleas to be holden at Boston for the County of Suffolk in July- next, 
And that the Justices of the said Court be impowered & direc'^ to 
hear & try the said Cause, give Judgm' therein & award Execution 
thereupon, And that the Execution on the former Judgm* be staid 
in the mean time. Provided the Petition'' give sufficient Security to 
the Respondent to pay such sum as may be recovered ag^*^ him at said 
Trial.' [Passed June 14. 



CHAPTER 32. 

ORDER OF NOTICE ON THE PETITION OF BENJ RICHARDS TO SET ASIDE 

A JUDGMENT. 

A Petition of Benjamin Richards of Scarboro in the County Legislative 
of York, shewing that one Joseph Munson of said place had dis- counclf *^* *^^ 
putes in the law with the Petitioner, which they afterwards sub- xvii. (4)', 69. 
mitted to the determination of Referrees who gave in their Report; Archives, xui., 

to which the Petitioner submitted, but the said Munson hath, not- '^ 

Avithstanding the said Reference & Report, hath * in a secret and ^^chives xiii 
fraudulent manner obtained a Judgment of Court, and Execution 280-28.5. House 

Journal, p. 52. 

• The order reconsidered supra was asrain passed by both Houses, June 22, 1743, but no 
consent of the Governor appears. — Legislative Records of the Council, xvii. (4), 88, 104. 

'^ This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis.; according to Legislative Records of the Council, xvii. (4), the date is June 16. 

3 An order of notice with stay of execution had been given June 8. — Legislative Rec- 
ords of the Council, xvii. (4), 50; House Journal, p. 30. 

« Sic. 



252 



Province Laws {Besolves, etc.) . — 1743-44. [Chaps. 33, 34.] 



against the Petitioner; and therefore praying that they may be set 
aside, or the Petitioner otherwise relieved as this Court sliall judge 
most proper, 

Eead and 

Ordered that the Pef serve the Adverse Partie Joseph Munson 
with a copy of this Pet" that He shew cause if any he hath On the 
first fryday of the next sitting of this Court why the Prayer thereof 
should not be granted And Execution is stayed in the mean time. 
[Passed June 14. 



Legislative 
Kecords of the 
Council, 
xvii. (4), 70. 
Mass. 
Archives, 
Ixxii., 639. 

Mass. 
Archives, 
Ixxii., 638-642. 
House Jour- 
nal, pp. 36, 52. 



CHAPTER 33. 

ORDER GRANTING 250 ACRES OF LAND TO JOHN SMEAD, 

A PETiTioisr of John Smead of Paquoig in the County of Worces- 
ter, praying for some consideration from the bounty of this Court 
on the account of the great services done by his father in the War 
against the Indians. 

Eead and in answer hereto 

Ordered that there be granted to the Pet' two hundred Acres of 
the unappropriated lands of the Province at or near the place called 
Poquaig, in full consideration of the services herein mentioned. Pro- 
vided the Pef presents a Plan to this Court taken by a Surveyor 
and Chain Men under Oath within twelve months for confirmation. 
[Passed June 14, 



Legislative 
Records of the 
Council, 
xvii. (4), 70. 

House Jour- 
nal, p. 31 (July, 
1741) ; p. 44 
(August, 1741) ; 
p. 37. Ante, 
p. 133, chap. 10. 



CHAPTER 34. 

ORDER GRANTING 191 ACRES LAND TO EBENi' JONES. 

A Petition of Ebenezer Jones, Shewing that upon his petition 
to this Court in the year 1741 praying for a grant of a Tract of two 
hundred and ninety one Acres of Province Land, in consideration 
of his services to the Province, the House of Eepresentatives chose 
a Committee, who viewed the said Land at the Petitioners cost, but 
since that time the Court have granted one hundred acres of said 
Land to M'' Stephen Williams of Springfield ; praying that the re- 
maider may be granted to him. 

Eead and 

Ordered, that the Petition refer'd to be revived, and the Prayer 
thereof so far' granted as that the One Hundred and Ninety One 
acres therein mentioned be and hereby is granted to the said Eben- 
ezer Jones his heirs and assigns ; provided the Petitioner presents a 
Plat of the said Land to this Court within twelve months for con- 
firmation, by a Surveyor and Chain men on Oath ; provided also that 
the Eev'i Stephen Williams his heirs and assigns be always allowed 
a passage way thro said Land to his own land, so as may be least 
prejudicial to the petitioner Jones. [Passed June 14. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1743-44. 253 



CHAPTER 35. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ROB""' MORTON FOR LEAVE TO ENTER AN ACTION. 

On the Petition of Robert Morton \^cmte, p. 199, chap. 1G4] R^^'rd"^^ h 
Read, and upon the Memorial of the Petitioner, Council, 

Ordered that this Petition be revived, and that the Petitioner x^"- (^).'?2- 
serve the adverse party Thomas Bodkin with a Copy thereof, that Archives xiti 
he shew cause if any he have, on Tuesday the Twenty first Instant, i98-2oo. House 
if the Court be then sitting, if not, on the first Tuesday of the next Anu^^.'m^^' 
Sitting of the Court, why the prayer thereof should not be granted, '''^^p- ^^• 
& Execution within mentioned is stayed in the mean time. \^Passed 
June 14. 



CHAPTER 36. 

ORDER ON THE REPORT IN REGARD TO INTERPRETERS. 

William Dudley Esq'' from the Committee of both Houses on Legislative 
the affair of the Interpreters, gave in the following Report viz' councif '^^ *^^ 

The Committee within named are of Oj)inion That it would be xvii. (4)', 72. 
for the service of the Province if two suitable Persons were ap- Archives, 
pointed & do undertake to go with and hunt in the Eastern Parts xxxi., 462. 
with the Indians there, and constantly, as much as those Indians ^^ass. 
do, and find themselves with all necessaries of life: and upon the xxxi., 461. 
finding two such Persons who are thus inclined, that they be so Refords of the 
far encouraged that they be entitled to Soldiers Pay and subsist- ^*^H'^^il' „, 
ence, not exceeding the rate of Twenty five Pounds per annum. House jW- 
and to commence from the day they shall go out, and so long as ^^'' ^^' '^^* 
they shall continue with them and they are perfected in the Indian 
Language. 

All which is submitted : 

By the Committee W: Dudley. 

Read and 

Ordered that this report be accepted, and that two Suitable Per- 
sons be appointed upon the terms abovementioned for that Service 
accordingly.' [^Passed June 15. 



CHAPTER 37. 

ORDER ALLOWING £2. 10 PER MONTH TO JOS: BEAN FOR HIS SER- Legislative 

VICES AS INTERPRETER. Records of the 

Council, 
xvii. (4), 73. 

A Petition of Joseph Bean Interpreter to the Indians at the Fort ^^a^s. 
at S*^ Georges River, setting forth the insufficiency of his allowance xxxi., 451'. 
for that service, and praying that it may be enlarged, & made suffi- Mass. 
cient for the support of himself and his family. xxvi'^Iso 

Read and Legislative 

Ordered that the Pef Joseph Beane be allowed two pounds ten councif, xvi'?,* 

* Not found in the House JournaL 



254 



Province Laws {Resolves, etc.), — 1743-44. [Chaps. 38-40.] 



Mis., 523. shillings Bills of the last Emission ^ Month for his service as In- 

nai"pp^3M6, terjDreter between the English and Indians ; till the further Order 
6*-' ' ' of this Court. [Passed Ju7ie 15. 



CHAPTER 38. 



ORDER GRANTING 300 ACRES OF LAND TO JON^ BEAN. 



Legislative 
Records of the 
Council, 
xvii. (4), 73. 
Mass. 
Archives, 
Ixxii., 645. 

Mass. 
Archives, 
Ixxii., 644. 
Legislative 
Records of the 
Council, xvii., 
Mis., 522. 
House Jour- 
nal, pp. 36, 52. 



A Petition of Jonathan Bean of York, Shewing that his Father 
raised several Companies of Voluntiers and marched them in the 
Winter season against the Indian enemy, and obtained considerable 
success, having at times been assisting at the killing near fifty of 
them ; and therefore praying for a grant of Province Land in con- 
sideration of the said services. ^ 

Eead and in Answer hereto 

Ordered that there be granted to the Pef three hundred Acres 
of the Unappropriated Lands in the Province of Maine in full con- 
sidesation of the Services herein mentioned. 

Provided the Pef presents a Plan taken by a Surveyor and Chain 
Men under Oath to this Court within twelve Months for confirma- 
tion. [Passed June 15. 



Legislative 
Records of the 
Council, 
xvii. (4), 75. 

Mass. 
Archives, 
cxiv., 738. 

Mass. 
Archives, 
cxiv., 737. 
Ante, p. 211, 
chap. 202. 



CHAPTER 39. 

ORDER DIRECTING THE COMMITTEE ON THE PETITION OF THE IN- 
HABITANTS OF WOODSTOCK TO REPORT AT THE NEXT SESSION. 

On THE Petition of divers Inhabitants of Woodstock [ante, 
p. 211, chap. 202] 

Ordered that the Comm^® above named be directed to report athe^ 
next sitting of this Court." [Passed June 15. 



CHAPTER 40. 



Legislative 
Records of the 
Council, 
xvii. (4), 79. 
Mass. 
Archives, 
cxix., 396. 

Mass. 
Archives, 
cxix., 391-396. 
Legislative 
Records of the 
Council, xvii., 
Mis., .523. 
House .Jour- 
nal, pp.28, 67. 



ORDER ALLOWING THE ACCT. OF THE PROVINCE TREASURER FOR 
THE INDIAN TRADE. 

An Accompt presented by William Foye Esq'' of the state of the 
Trade managed by him for the Province, with the Eastern and West- 
orn Indians. 

Read and 

Ordered that the within Accompt be allowed, the Ballance thereof 
Amounting to Eleven thousand four hundred and Sixty one pounds 
Sixteen Shillings and five pence Old Tenor. Which Sum the Officer 
for managing the Trucktrade is to account for.'' [Passed June 15.^ 

' Sic. 

2 Not found in the House Journal. 

s This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (4), the date is June 16. 



[1st Sess.] Province Laws {Resolves, etc.). — 1743-44. 255 

CHAPTER 41. 

ORDER IMPOWERING JOHN MELENDY, GUARDIAN, TO SELL LAND. 

A Petition of John Meleudy Guardian of his Son John Melendy Legislative 
a Minor, shewing that the said Minor holds a share in the Lands couucif^*"'^ 
of his Grandfather Samuel Lampson late of Reading dec'^ Which xyii. (4)', 89- 
lands bring in little or nothing of profit as they ly, but will sell for Archives, 
some thing considerable; and therefore praying for liberty to sell xvni., no. 
the said Lands. ^as^. 

_-, , - Archives, 

Kead and xviii., i69. 

Ordered that the Prayer of the Pet" be granted and that the Pet' Refordsonhe 
be and He hereby is allowed and Impowered to Sell the Premisses m^s^ms^^"'' 
for the most they will fetch. He first giving publick Notice of such House .lour- 
Sale in manner as is by Law required of Exec" and Adm" and also ^^^' ^" ^^' 
give sufficient Caution to the Judge of Probate for the County of 
Middlesex that the produce of Such Sale with the Interest thereon 
be rendred to the said Minor at his arriving at Age or Marraige. 
[^Passed June 15.^ ^ ~~ 



CHAPTER 42. 

ORDER APPOINTING A COMMITTEE ON THE PET^ OF NATHi- PEASLEY 
& OTHERS OF HAVERHILL TO BE ERECTED INTO A SEPARATE PRE- 
CINCT. 

A Petition of James Saunders and a great number of others In- Legislative 
habitants of the Easterly part of the old Parish in Haverhill, setting counctf, °* *^^ 
forth their incommodious situation and praying that a Committee '^^}^-'-^^<'^'^- 
may be appointed to view the said Parish, and consider and report Archives, cxv., 

whether it may not be proper to have the said Parish divided into ^ 

two equal halves for the making of two parishes, the Petitioners ^f^hi^es cxv 
and their estates to be a Parish by themselves, by such boundary 9*. 97-104'. 
Line as may be thought most proper. RefordVof the 

In Council, Read & xvii^w, vi, ts- 

Orderd that Ebenezer Burrill Esq"" with such as the Hon^^® House House Jour- 
shall join be a Committee to repair to the old Parish in Haverhill, 57^. ' province 
& view the same & the Circumstances thereof & hear the Parties ^ifj^^^e"'' ^^* 
thereon & set off the Petitioners & so much of the Land they pray 
for as they shall judge reasonable by Metes & Bounds, in order to 
their being a distinct & separate Precinct, & make Report thereof 
to this Court at their next Session, The Costs thereof to be born 
as the Court shall order. 

In the House of Rep''®* 

Read and Concurd and M'' Porter and Col Gerrish are Joyned in 
the affair. \^Passed June 16. 

^ This date is according to Mass. Archives and Legislative Records of the Council, 
xvii., Mis. ; according to Legislative Records of the Council, xvii. (4) , the date is June 18. 



256 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 43-45.] 



CHAPTEE 43. 



ORDER OF NOTICE WITH STAY OF PROCESSES ON THE PETIT^ OF JOS. 
BUCKMINSTER ESQ^ IN REGARD TO BOUNDARY LINES. 



Legislative 
Records of the 
Council, 
xvii. (4), 77. 
Mass. 

Archives, cxv., 
111. 

Mass. 

Archives, cxv., 
108. House 
.Journal, p. 57. 
Ante, p. 142, 
chap. 33. 



A Petition of Joseph Biickminster of Framingham in the County 
of Middlesex Esq'' Shewing that he has been at great cost in defend- 
ing liimself against a great number of Actions in the Law brought 
by the heirs of Thomas Danfortli Esq' dec'^ of whom lie purchased 
his lands in said Town ; and is in danger of being pursued by many 
more actions from them, the charge whereof will be almost ruinous 
to him ; and therefore, for making more clear the Bounds of the Peti- 
tioners lands and those of his Adversaries; Praying that some suffi- 
cient and indifferent Surveyor may be appointed by this Court to 
survey and plat out the lands within certain limits particularly men- 
tioned and that none of the Actions go on till such Survey be re- 
turned to this Court. 

Eead and 

Ordered that the Pef serve Edmund Trowbridge Esq'' (Attorney 
to the Hon^'" Francis Foxcroft Esq"" and others herein named) with 
a copy of this Petition that He shew cause (if any he hath) on the 
first Wednesday of the next sitting of this Court why the Prayer 
thereof should not be granted And all Processes are stayed in the 
mean time. \^Passed June 16. 



Legislative 
Records of the 
Council, 
xvii. (4), 27. 
Mass. 

Archives, cxv., 
84^ 

Mass. 

Archives, cxv., 
83-89. Legis- 
lative Records 
of tlie Council, 
xvii. (4), 77. 
House .Jour- 
nal, pp.21, 58. 
Province 
Laws, x.,304, 
chap. 40. 



CHAPTEE 44. 

ORDER OF NOTICE ON THE PETITION OF THE TOWN OF GRAFTON IN 
REGARD TO A CHARGE FOR REPAIRING BRIDGES. 

A Petition of the Town of Grafton, Shewing that one Elisha 
Johnson (formerly of Sutton) obtained a grant of a Tract of Land 
in the said Town of Grafton upon the condition of his building 
and keeping in good repair two Bridges over Blackstones River in 
said Town, that he has sold the said land to James Leland and 
John Holebrook, and is removed out of the Province ; and there- 
fore praying that the said Lands may be subjected to the charge 
of said Repairs. 

Ordered that the Consideration of this Affair be refer'd to the 
first Tuesday of the next Session, that so said Parties may have an 
Opportunity of agreeing th[e] ' Matter among themselves. [^Passed 
June 16. 



CHAPTEE 45 



ORDER IMPOWERING ELEA^ STEARNS TO BRING FORWARD A WRIT 

OF REVIEW. 



Legislative 
Records of the 
Council, 
xvii. (4), 80. 
Mass. 



On THE Petition of Eleazar Stearns; \^ante, p. 134, chap. 14] 
The within Pet" being read and another accompanying the same 
Ordered that this Pet° be revived. And it appearing that the 



1 MS. mutilated. 



[1st Sess.] Province Laws {Resolves, etc.). — 1743-44. 257 

s'^ Eleazar Stearnes has lost the benefit of his Law in an Action Archives, xin., 

of Replevin brought ag*^ him by James Nutting in Dec'' 1740 that — 

therefore the s'' Eleazar Stearnes be and hereby is Enabled to bring Archives, xiu., 
forward a review of said Action at the Inf Court of Common Pleas sj^-^ts. ^te, 
to be holden at Concord in the County of Middlesex on the last tues- w. '^ ^^' 
day of Aug* next, provided He notifye the s'^ James Nutting fourteen 
days before the Sitting of s'^ Court. And the s'^ Court is Impowered 
to hear and try the s'^ Action, give Judgment and Award Execution 
accordingly.* [Passed Jtme 16. 



CHAPTER 46. 

ORDER IN REGARD TO THE SERVICE OF WRITS &« IN THE CO. OF 

WORCESTER. 

Whereas this Court hath Information of the Death of Daniel Legislative 
Gookin Esq'' late Sheriif of the County of Worcester, & it being council, 
doubtfuU whether the AVarrants, Writts & Executions, which since Ma'ss.^*'*' ^^' 
the death of s** Sheriff have been or are to be served & returnable Archives, xiii., 

by the Officers there to the several Courts in the province will not — '■ 

fail on the death of the aforesaid Sheriff 

Wherefore 

Voted that the sev^ Under Sheriffs & Deputy Sheriffs of the late 
Daniel Gookin Esq"" Sheriff of the County of Worcester be & hereby 
are impowered duly to execute all Warr*^ Writts and Executions 
to the Sheriff of Worcester or his IJnder Officers directed, & make 
Return to the Courts where they are returnable, which Services & 
Returns shall be held good & valid in the Law the Death of the 
Sheriff notwithstanding Provided always that the several Under 
Sheriffs and Deputy Sheriffs shall be answerable to the Parties con- 
cerned for any male Feasance in their Office as fully & amply as 
the Sheriffs in the respective Counties are liable according to Law.* 
[Passed June 17. 



CHAPTER 47. 

ORDER OF NOTICE WITH STAY OF PROCEEDINGS ON THE NEWTOWN 
PETITION IN REGARD TO THE CHARGE FOR REPAIRING BRIDGES. 

A Petition of the Inhabitants of the Town of Newtown, Shew- Legislative 
lug that they have been prosecuted in the law for not keeping in councif °^ *^^^ 
repair two Bridges in the said Town over Charles River, one lead- xvii. (4)', 83. 
ing to Weston and the other to Needham, and the Judgment of the Archives, 
Court was against the Petitioners; iVnd for as much as the Peti- cxxi., 234. 
tioners have no benefit by the said Bridges, and they were built by Archives 
private persons, therefore Praying that they may be discharged from cxxi., 231-234. 
anv expence in maintaining them. Su^r^o""^' 

Read & 

Ordered that the Pef^ serve Cpt. Robert Cook & others of Need- 
ham who built one of the within mentioned Bridges, And Abraham 
Gale & others of Weston who built the other Bridge with Copies of 
this Petition, that they shew Cause if any they have on the first 

1 Not found in the House Journal. 



258 



Province Laws (^Resolves, etc.). — 1743-44. [Chaps. 48-50.] 



Tuesday of the next Sitting of this Court why the Prayer thereof 
sh*^ not be granted; And all proceedings of the executive Courts 
respecting s"^ Bridges are staid in the mean time. \^Passed June 17. 



Legislative 
Records of the 
Council, 
xvii. (4), 84. 
Mass. 
Archives, 
Iviii., 330. 

Province 
Laws, iii., 6S, 
note. House 
Journal, p. 59. 
Ante, p. 244, 
chap. 14. 



CHAPTER 48. 

ORDER FOR PRINTING THE RESOLVES IN REGARD TO THE EQUITABLE 
PAYMENT OF DEBTS. 

Ordered that the Printer be directed to print the resolve lately 
pass'd this Court relating to the equitable Payment of Debts and 
deliver a duplicate to each Member of the General Court One for 
himself the other for the Town He represents. [^Passed June 17. 



CHAPTER 49. 



ORDER IMPOWERING HAN. EMERSON ADMINISTRATRIX TO SELL REAL 

ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (4), 84; 
ibid., xvii.. 
Mis., 5-.'4. 

House .Jour- 
nal, pp. 44,45, 
59, 60. Prov- 
ince Laws, ii., 
151, chap. 10. 



A Petition of Hannah Emerson, Relict Widow and Administ'^ 
of Edward Emerson late of Boston Shop keeper dec*^ Shewing that 
the said Edward left a considerable Estate, real and personal, that 
he left a considerable debt upon the House wherein he dwelt; and 
therefore praying that the Petitioner may be impowered by this 
Court to sell so much of the deceaseds lands as will pay a debt of 
£1,500 due for the purchase of said dwelling house. 

Read and 

Ordered that the administratrix be allowed and empowered to 
sell so much of the lands and buildings above mentioned for the 
most they will fetch, as will pay the £1,500 and the interest due 
thereon; she observing the directions of the law respecting the post- 
ing up of notifications of the intended sale, she also giving sufficient 
caution to the judge of Probate for the County of Suffolk that the ' 
proceeds of said sale shall be employed for the purposes herein men- 
tioned. [^Passed June 17. 



CHAPTER 50 



ORDER ON THE PETITION OF ELIS: BARKER IN REGARD TO THE AP- 
POINTMENT OF A GUARDIAN. 



Legislative 
Records of the 
Council, 
xvii. (4), 85. 

House .Jour- 
nal, p. 44. 



A Petition of Elisabeth Barker Wife, and others, children of 
Isaac Barker of Pembroke, a person Non Compos, Shewing that 
his two sons. Prince and Peleg Barker are appointed Guardians of 
the said Isaac, that the said Peleg not only neglects liis duty in the 
care of his Fathers person and estate, but does every thing to per- 
plex and embarras his affairs, and therefore praying that the said 
Peleg may be removed from his Guardianship. 

Read and 

• The words "that the" inserted from Legislative Records of the Council, xvii. (4), 84. 



[1st Sess.] Province Laws {Resolves, etc.). — 1743-44. 259 

Ordered that tlie prayer of the Petition be so far granted, as that 
the Appointment of the said Peleg and Prince Barker by the Judge 
of Probate for the County of Plymouth be and hereby is superseded 
and set aside, and that the said Peleg and Prince be accountable 
to the said Judge for their proceedings in said Trust hitherto ; and 
that the said Judge of said County be impowered to appoint (de 
novo) proper Guardians for the purposes herein mentioned. \^Passed 
June 17. 



CHAPTEK 51. 

ORDER REFERRING THE PETITION OF MIDDLEBORO & BRIDGWATER Legislative 

INHABITANTS TO BE ERECTED INTO A SEPARATE PRECINCT. Records of tlie 

Council, 
xvii. (4), 86. 

A Memorial of Nehemiah Washburn, Joshua Fobes and others. Legislative 
Inhabitants of the towns of Middleboro and Bridgwater, praying coundf ^^'^^ 
that their former Petition to be made a separate Precinct may be xvii. (3)', 407. 
revived, and that they may accordingly be set off as a Precinct by nai^if. 32.^^ 
the bounds therein mentioned. /n/m,chap.53. 

Eead and Eefer'd to the next Session for further consideration. 
[^Passed June 17. 



CHAPTER 52. 

ORDER CONFIRMING A PLAT OF 100 ACRES OF LAND TO THE REV'D 
STEPHEN WILLIAMS. 

A Platt of land of One hundred acres was surveyed and laid out ^''f'^^f'^^fji^ 
December 9''^ 1742, by P Langdon surveyor and two chainmen, who council, xvu., 

all have sworn before a Justice of the peace that they acted accord- ^^'^•' ^'^' 

ing to the best of their judgment and skill therein for the Eeverend pia^ig'^xm 3 
Stephen Williams, in satisfaction of the grant made by the Great & Legislative' 
General Court on June 3"^ 1742, to the said Williams, the land lying councif," 
and being in that gore of the unappropriated land of the province Hl^u8e*Jour. 
lying east of Somers and west of Brimfield in the County of Hamp- nai, p. 32. 
shire, hutments and boundaries as on the platt. Beginning at a Stake chap. 16. ' 
and stones M"^ Collins S. E corner; then runing easterly 140 perch on 
the province line ; a heap of stones at the south west corner of the 
land, laid out to Cap't Coltons assigns, then running Northerly on 
said land one hundred and twenty and half perch ; then running 
west 90°° North one hundred and twenty six perch to M"" Ceilings 
land, then running southerly on Collins line to the first mentioned 
bounds. 

Read and 

Ordered that the within plat be accepted and the land therein 
deleniated and described be and hereby are confirmed to the rev- 
erend Stephen Williams, his heirs and assigns forever; provided the 
platt exceeds not the quantity of the grant, and does not interfere 
with any former grant. [Passed June 17. , 



260 



Province Laws (^Resolves, etc.). — 1743-44. [Chaps. 53, 54.] 



CHAPTEK 53 



VOTE APPOINTING A COMMITTEE ON THE PETITION OF SAMUEL PRAT 
AND OTHERS OF MIDDLEBORO, TO BE MADE A SEPARATE TOWNSHIP. 



Legislative 
Records of the 
Council, 
xvii. (4), ST. 

House Jour- 
nal, p. 3-2. 
Supra, chap. 
51. 



A Petition of Samuel Prat and others Inhabitants of the North 
AVesterly part of Middleboro, setting forth their great difficulties by 
reason of their remoteness from the Meeting House and School in 
the said Town, And praying that they and their estates within cer- 
tain bounds particularly set forth in the petition, may be made a 
separate Township. 

In the House of Represent''^^; Eead and 

Voted that Major Gushing and Perez Bradford Esq'' with such as 
the Hon''''^ Board shall join, be a Committee to repair to the town 
of Middleborough, view the situation and circumstances, notify the 
Old Precinct of said Town of their Meeting, and also the Petitioners 
for a Precinct in said Town and in the Second Precinct in Bridg- 
water, that they may be present if they see cause ; the charge of the 
Committee to be borne by the Petitioners; the Committee to report 
at the next Sitting of this Court. 

In Council; Read and Concur'd, & George Leonard Esq'' is joined 
in the Affair. \^Pass6d June 17. 



CHAPTER 54. 



ORDER IMPOWERING THE TOWN OF PLYMPTON AND JOSEPH THOMAS 
TO FILE THEIR ACCOUNTS IN A SUIT. 



Legislative 

Records of the 

Council, 

xvii. (4), 38, 91. 

Mass. 

Archives, cxv., 

15-2. 

Mass. 

Archives, cxv., 
151. Legisla- 
tive Records ol 
the Council, 
xvii.. Mis., 513. 
House Jour- 
nal, pp. 27, 61. 



A Petition of the Town of Plimpton, Shewing that at the In- 
ferior Court held at Plymouth in September last, Joseph Thomas 
Esq'' commenced an Action against the said Town of Plimpton, 
upon which (according to a late law of this Province) they filed 
their Accompt against his, but the law being then newly expired, 
they lost the benefit of it; And therefore praying (since the law is 
now revived) that they may have the benefit of it, by filing their 
Accompt in the Clerks Office of the Superior Court fourteen days 
before the Term, they giving seasonable notice thereof to the said 
Thomas. 

Read with the Answer of Josepli Thomas Esq"" & 
Ordered that the Town of Plimpton be impowered to file their 
Acco'' in the Clerks Office of the Sup' Court fourteen days before 
the Sitting of s'' Court at Plimouth & that the s*^ Thomas also have 
Liberty to file his whole Acco* of what he ever charged s*^ Town, 
so that the s*^ Court may setle the Ballance betwixt them. [^Passed 
June 17.' 

' This date is according to Mass. Archives, the House Journal and Legislative Records 
of the Council, xvii., Mis. ; according to Legislative Records of the Council, xvii. (4), the 
date is June 18. 



[IfST Sess.] Province Laws (^Resolves, etc.). — 1743-44. 261 



CHAPTER 5^. 

ORDER IMPOWERING JOS. WISER, INDIAN, TO SELL LAND. 

A Petition of Joseph Wiser of Natick, Indian, Shewing that ^^f j.'.^^'^ftij 
whereas he petitioned this Court for liberty to sell twenty acres of council, 

land to pay his own and his Fathers debts, he was allowed to sell x^"-(^)'S8- 

only ten Acres, which proves not sufficient; and therefore praying cifap. 220^*^^' 
that he may be allowed to sell the other ten Acres, or otherwise he 
must be imprisoned for the said Debts. 

In the House of Represent^''*; Read and 

Ordered that the Petitioner be allowed and impowered, with the 
advice and assistance of John Jones Esq"" with such as the Hon'''® 
Board shall appoint, to sell the land herein mentioned; the produce 
thereof to be applied for the purposes specified. 

In Council; Read and Concur'd, and Francis Foxcroft Esq"" is 
joined in the affair.' [^Passed June 17. 



CHAPTER 5%. 

VOTE ACCEPTING THE REPORT OF THE COMMITTEE ON THE MALDEN 

FARM AFFAIR. 

In the House of Representatives Legislative 

Voted that the foregoing Report [ante, p. 197, chap. 160] be so far councnr* ^''^ 
Accepted as that M"" Oliver Docf Hale & Cap* Lawrence together ?^^^"- W. 9". 
with such as shall be Joyned by the Hon''''^ Board be and here by are Archives, xii., 

appointed a Committee of this Court fully Authorized and impow- '^— 

ered to receive any Proposals that may be made by the Church of ^Jrchives 
Maiden for a Confirmation of the Tract of Land referr'd to in the ^ivi., ue! 
Said Report lying in the Town of Shrewsbury and to Convey and Records of the 
Confirm the same or any part thereof to the said Church of Maiden xvii"(3)' 291. 
for such Consideration and upon such Term as they shall think best ^™'«. p-'i97, 
provided the said Church of Maiden shall first relinquish to the said ^ ^^'' 
Committee in behalf of this Province all Claim and Demand upon 
the Tract of Land mentioned in said Report to ly in the Township 
of Holden and the said Committee are furth.er Impowered to Receive 
the Proposals and treat with the Proprietors of Worcester and Hol- 
den for the Conveyance & Confirmation of the Tract of Land men- 
tioned in the aforesaid Report to ly witliin the Bounds of said Holden 
and to Convey and Confirm the same for such Consideration as the 
said Committee shall judge just and Equitable and further to Treat 
Compound & Settle with any or all of the present Occupants or 
Possessors of any & every part of either of the said Two Tracts of 
Land and with all other persons whatsoever whom they shall think 
Reasonable to make any allowance or to Receive any Considera- 
tion from respecting said Lands And fully to Adjust and issue the 
whole Controversy as they shall Judge shall be most for the Peace 
of the several Partys Concerned as far as is Consistant with Jus- 
tice and the Honour and Interest of the Province. The aforesaid 

> Not found in the House Journal. 



262 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 57-5i).] 



Committee to make report of their Proceedings to this Court at 
their next Session. 
In Council 
Eead & Concur'd And Francis Foxcroft & Samuel Watts Esq" 
are joined in the Affair.^ \^Passed June 18. 



Legislative 
Records of tlie 
Council, 
xvii. (4),91. 
Mass. 

Archives, cv., 
217. 



Archives, cv., 
216. Legisla- 
tive Records of 
the Council, 
xvii., Mis., 526. 
House Jour- 
nal, p. 61. 
Ante, p. 189, 
chap. 142. 



CHAPTER 57. 

ORDER ON THE PETITION OF EBEN^ GUILD AND JOSHUA EVERETT TO 
BE SET OFF TO ATTLEBOROUGH. 

On THE Petition of Ebenezer Guild and Joshua Everet, \ante, 
p. 189, chap. 142.] 

Read & 

Ordered that the prayer of the petition be granted & that the 
petitioners with their Estates with in mentioned Shall be Sett off 
to the Town of Attleborough there to Do Duty & receive priviledge 
for the future. \Passed June 18. 



CHAPTER 58. 

ORDER GRANTING 8,064 ACRES OF EQUIVALENT LAND TO THE TOWN 

OF HATFIELD. 



Legislative 
Records of the 
Council, 
xvii. (4), 92. 
Mass. 
Archives, cxv., 



Mass. 

Archives, cxv., 
59. Legislative 
Records of the 
Council, iv., 
658; i6td., xvii., 
Mis., 526. 
House Jour- 
nal, pp. 20, 21, 
57, 58. Prov- 
ince Laws, 
vii., 88, chap. 
42. 



A Memorial of Oliver Patridge Esq'' in behalf of the Town of 
Hatfield, Shewing that according to the grant of the said Town by 
the General Court, it ought to be of the contents of nine miles in 
length and six miles in breadth, that by reason of the claims of the 
adjacent Towns they have a considerable part of their Town taken 
from them and will greatly fall short of their grant ; and therefor.e 
Praying that an Equivalent of land may be granted them, for which 
they are willing to give up all their Right to the Lands claimed by 
the neighbouring Towns. 

Read and 

Ordered that there be granted to the Town of Hatfield the quan- 
tity of Eight thousand and Sixty four Acres of the unappropriated 
lands of the Province, to be laid out adjoyning to some Township 
or Grant already laid out as an Equivalent for the land taken off 
from said Town by the Town of Deerfield. 

And that the lines of said Township be settled accordingly, and 
that they return a Plat thereof to this Court within twelve Months 
for confirmation. [Passed June 18. 



CHAPTER 59 



ORDER IMPOWERING THE PROPRIETORS OF THE LOWER ASHUELOT 
TOWNSHIP TO SURVEY AND LAY OUT 9,423 ACRES OF EQUIVALENT 
LAND. 

Refordsof the ^ PETITION of Ephraim Jones and Joseph Wright in behalf of 
Council, the Proprietors of the Township called The Lower Ashuelet ; shew- 

1 Not found in the House Journal. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1743-44. 263 

ing that their grant so interferes with the bounds of the Town of ^ass.^*^'^'^" 
Winchester (which was the prior Grant) as to take off a consider- Archives, cxv., 



able part of their most valuable Land, that a Committee of this 

Court have reported that they ought to have the quantity of Nine Archives, cxv., 

thousand four hundred and twenty three Acres of the Province Jpi- Legisui- 

T 1 T1 • 1 p 11 1 1 1 1 iir- 1 tive Records of 

Land, as an Lqnivalent lor what they have thus lost by Winches- the Councii,_ 
ter; Therefore praying that they may be allowed to lay out said House^jouV"^^' 
Land. ^^•■?^^^-^...^ 

■r, 1 April, (174:{) ; 

Kead & p. 54. 

Ordered that the pefs in behalf of the S*^ prop" of Ashuelot have 
liberty to Lay out the Quantity of Nine Thousand four Hundred & 
Twenty three Acres of the UnAppropriated Lands of the province 
in full Satisfaction of the Lands taken from S** Township of Ashue- 
lot by the Town of Winchester to be the s*^ Prop" their Heirs & 
Assigns And that they return A platt thereof to this Court in twelve 
months for Confirmation. {^Passed June 20. 



CHAPTER 60 



ORDER ALLOWING £30 TO BENJ. LARRABEE FOR REPAIRS AT FORT Legislative 

GEORGE. Records of the 

T-» T T Council, xvii., 

Kead and mis., 518. 

Ordered that there be allowed and paid out of the Publick Treas- Archives, 
ury to Benjamin Larrabee the Commanding Officer of Fort George ixxii., 647. 
at Brunswick the Sum of thirty pounds Bills of the last Emission Legislative 
to be laid out for effecting the most necessary repairs there not to councif, ^'^ * ^^ 
exceed that Sum He to be accountable for his proceedings herein. H^^g^^^jfJ^ 
[Passed June 20. ' nai, p. 62. 



CHAPTER 61. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JOS-^ HATCH FOR LEAVE TO ENTER AN APPEAL FROM A JUDGMENT. 

A Petition of Josiah Hatch of Pembroke, shewing that a Judge- Legislative 
ment was pass'd against him while he was at Sea, and his Attorney councif,*'**'^^ 
sick, in an action brought by Isaac Jennings and tried by Joshua xvii. (4), 97. 
Gushing Esq"" one of His Majestys Justices of the Peace for the Archives, xiii.. 

County of Plymouth ; and therefore praying that he may be allowed ?I^^ 

to appeal to the next Liferior Court for said County and the Action Archives xin 
tried by a Jury, and Execution stayed in the mean time. 269-271. House 

■D V 1 -^ -^ Journal, p. 63. 

Kead and 

Ordered that the Pet"^ serve the Adverse Partie Isaac Jennings 
Jun"" with a copy of this Pet° that He shew cause if any he have 
on the first fryday of the next sitting of this Court why the prayer 
thereof should not be granted and Execution mentioned is stayed 
in the mean time. [Passed June 21. 

' This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis.; according to Legislative Records of the Council, xvii. (4), the date is June 2L 



264 



Provixce Laws {Resolves, etc.). — 1743-44. [Chaps. 62, 63.] 



CHAPTER 62. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE APPOINTED FOR 
BURNING BILLS OF CREDIT. 



Ante,\i. 222, 
chap. 226. 



Bicords'of the ^^ '^^^ SUBSCRIBERS appointed a Committee by the General 
Council, Conrt to take an Accompt of the Province Bills in the hands of 

Mass.^ ' the Treasurer, have accordingly attended that service, and received 
Archives, cii., from M' Treasurer Foye Four Thousand six hundred and Eighty 
Nine pounds, Bills of the Middle Tenor, according to the several 
denominations above, and Forty Eight Thousand one hundred and 
forty nine pounds seventeen shillings and nine pence. Bills of the 
Old Tenor according to the several denominations above mentioned, 
and have seen the same consumed to ashes. 
EzEKiEL Lewis 
Elea: Williams, 
Tho^ Gushing 
Tho. Hutchinson 
Eead and 

Ordered that this report be accepted and the Treasurer is dis- 
charged of said Sums accordingly.' [Passed Ju7ie 21. 



Tim'* Prout 
John Osborne 
John Jeffries 

EZEKIEL ChEVER. 



CHAPTER 63. 



VOTE ON THE REPORT IN REGARD TO BRUNSWICK TOWN MEETING. 



Legislative 
Records of the 
Council, 
xvii. (4), 99. 
Mass. 

Archives, cxv., 
58. 

Legislative 
Records of the 
Council, 
xvii. (4), 35. 



The Gommittee to whom was refer'd the Petition of David Given 
of Brunswick, have attended that affair and heard the parties, and 
are of the Opinion that the Meeting of the Inhabitants of the Town 
of Brunswick, on the 29**^ day of March last, was not legally warned, 
neither were the Assessors who took the valuation of said Town, by 
which they regulated the Votes in said meeting, under Oath : There- 
fore the Gommittee are of Opinion that the said Town Meeting with 
all the proceedings thereon, ought to be set aside, and the Select 
Men of the said Town of Brunswick for the year 1742 ordered to 
call an other Meeting of the Inhabitants of said Town of Brunswick, 
to make choice of all Town Officers which towns are obliged to make 
choice of annually in the month of March, and that they regulate 
the Voters in said Meeting by the last valuation which was taken in 
said Town by Assessors under Oath : All which is humbly submitted, 
By Order of the Gommittee George Leonard. 

Eead & 

Voted that this Eeport be accepted, & that the Town Meeting 
at Brunswick held the 29**" of March last with all the Proceedings 
thereon, be & hereby is set aside And the Select men of said Town 
for the year 1742 are hereby impowered & ordered to call an other 
Meeting of the Inhabitants as soon as may be for the Choice of 
such Town Officers as are annually to be chosen ; the Voters to be 
such as are qualified according to the List of Valuation made by 
the Assessors under Oath Anno 1741; And that the Eates made by 
the Assessors Anno 1742, & the Proceedings in collecting, gather- 
ing & paying the same be held good & valid notwithstanding ; Pro- 

' Not found in the House Journal. 



[1st Sess.] Province lJA^\^ (^Resolves, etc.). — 1743-44. 265 

vided the said Assessors make Oath that the said List of Eates was 
made faitlifully & according to their best skill & *& ' Judgment.* 
\^Passed June 21. 



CHAPTER 64. 

ORDER ON THE PETITION OF SAM'- STEVENS IN REGARD TO THE 
HEARING OF A CAUSE. 

A Petition of Samuel Stevens of Roxbury, complaining of an Legislative 
unjust prosecution in the law against him by Nathaniel Martin councif *^' ^^'^ 
for the payment of a quantity of notes called Manufactory Notes, xvii. (4)', 42. 
altho' he has already paid off his full Quota of the said Notes, and Archives, xiii., 

thereby complied with the true intent of the Act of Parliament; ?^^: 

praying for relief from this Court. mubb. 

^ -^ W T Archives, xlii., 

Kead and 296,305. House 

Ordered that the Justices of the Sup"" Court of Judic''® next to 34,"™54.^'^ig! 
be holden at Boston in & for y*" County of Suffolk be and hereby ord"of th^" 
are impowered And directed to hear and Try y*^ Meritts of y** Cause Council, 
Mention*^ in Said Petition, to make up Judgm' and Award Execut" ^^"' ^ 
thereon y'^ Judgm' therein Mention^^ notwithstanding and y'= Exe- 
cut° within mention'^ is hereby set aside, provided y*" adverse Party 
Nath' Martyn be Notified & served with a Copy of this Pet" and 
the order, thereon fourteen days at least before y*^ Sitting of Said 
Court. \_Passed June 21.'' 



CHAPTER Q^. 

ORDER APPOINTING A COMMITTEE TO BRING FORWARD THE SETTLE- 
MENT OF THE LANDS AT HOOSUCK. 

In THE House of Represent^''^ Whereas the Government of Legislative 
New York from time to time refuse to settle the Line between councif," 
this Government and New York, and it apj)ears that many Dutch xvu. (4), 101. 
Inhabitants, by encouragement from some Dutch Gentlemen liv- 
ing in or near Albany, are already settled on the Lands belonging 
to this Province at Hoosuck, and if not timely prevented others 
undoubtedly will settle there ; it is therefore 

Ordered that Coll. Stoddard, Cpt. Patridge and Coll. Porter with 
such as shall be appointed by the Hon'''® Board, be a Committee to 
bring forward a Settlement in one of the Towns already laid out 
there by order of this Government, by such effective men as will 
actually in person go and settle there, upon such terms and under 
such limitations as this Court shall order. 

In Council; Read and Concur'd, and Joseph Dwight and John 
Chandler Jun'' Esq" are Joined in the affair.'' \^Passed June 22. 

' Sic. 

" Not found in the House Journal. 

3 This date is according to Mass. Archives; according to Legislative Records of the 
Council, xvii. (4), the date is June 22. 



266 



Province Laws {Resolves, etc.). — 1743-44. [Chaps, 'o'o, 67.] 



CHAPTEK 66. 



Legislative 
Records of the 
Council, 
xvii. (4), 103. 
Mass. 
Archives, 
xxxi., 444. 

Mass. 
Archives, 
xxxi., 442. 
Legislative 
Records of the 
Council, xvii., 
Mis., 527. 
Ante, p. 147, 
chap. 45. 



ORDER IMPOWERING MOSES & JOSH^ WABAN, INDIANS, TO SELL LAND. 

On the Petition of Moses and Joshua Wabaii, \_ante, p. 147, 
chap. 45] 

Eead and 

Ordered that the Pef be allowed and Impowered (instead of the 
35 iVcres herein mentioned which appears to this Court not so much 
for the advantage of the Pet^ to sell as the lot hereafter mentioned) 
with the Advice and Assistance of Cap* Coolidge and M"" Livermore 
to Sell twenty Acres of the thirty Acre Lott which the Pef pur- 
chased of one Samuel Bowman of Worcester Indian One hundred 
pounds Old tenor thereof to pay the purchase consideration of said 
Lott. The remainder to be applyed to the purposes mentioned in 
the Pet" They to be accountable for their proceedings herein to this 
Court.' \^Passed June 22. 



CHAPTER 67. 



ORDER IMPOWERING DAN'- CHAMPNEY TO BRING FORWARD A WRIT OF 

REVIEW. 



Legislative 
Records of the 
Council, 
xvii. (4), 104. 
Mass. 

Archives, xlii., 
341. 

Legislative 
Records of the 
Council, 
xvii. (4), 83, 88. 
House .Jour- 
nal, pp. 61, 66. 
Ante, p. 250, 
cliap. 29. 



The Comittee to whom was Referred the Petition of Dan' 
Champney having notified the partys to attend them Mett thereon 
and were attended only by y** Petitioner and having inquired into 
y*^ facts Alledged and fully considered the Same Are of OjDinion 
that the Petitioner be Enabled by an Order of this Court in his 
own name and in the Name of his Sons Dan' Champney Jun'" & 
Downing Champney to bring forward a Writt of Review of the 
Action Therein mentioned at the Next Inferiour Court of Comon 
Pleas to be holden at Concord for & within the County of Mid^ in 
August Next «& that the Adm'' on the Estate of Edmund Golfe Esq 
Dec'' be then held to Plead an Issuable Plea and the Justices of 
said Court be Impowered to hear and try the Same enter up Judg- 
ment and award Execution Accordingly 

all which is Humbly Submitted by Order of the Comittee 

Joseph Wilder 

Read & 

Ordered that this Report be accepted; And that the Petition"" 
Daniel Champney be enabled in his name & in the name of his Sons 
Daniel Champney Jun"" & Downing Champney to bring his Writ of 
Review of the Action mentioned in the Petition at the next Infe- 
rior Court of Common Pleas to be holden at Concord for the County 
of Middlesex in August next, & that the Administ^" of Edmund 
Goff e Esq"" dec'' be then held to plead an issuable Plea ; And the 
Justices of said Court are impowered to hear & try the same, enter 
up Judgment & award Execution accordingly.'^ {^Passed June 22. 

' Not found in the House Journal. 

= The record in Mass. Archives, xlii., pp. 341-342, states that the foregoing was " Con- 
sented to," but the Governor's signature is not added; in Legislative Records of the Coun- 
cil, xvii. (4), 104, no mention is made of the Governor's consent. 



[1st Sess.] Province Laws {Resolves, etc.). — 1743-44. 267 



CHAPTER 68. 

VOTE EXTENDING THE TIME ON THE PETITION OF NATH'- CUNNING- 
HAM TO ANSWER A COMPLAINT. 

A Petition of Nathaniel Cunningham, shewing that a copy of g'^f^^lf^^^^v^ 
the above Petition ' was found by one of his servants in his yard Council, 
this morning, and the time being lapsed for his giving in his answer, mIiss.^*^' ^^^' 
praying for the further Order of this Court. Archives, lix., 

Eead & — '- 

Voted that the Memorialist give in his Answer to the Petition Archives, lix., 



within mentioned upon Fryday the twenty fourth Instant, if the ?f*'i7i'^chap 
Court be then sitting, if not on the first Tuesday of the next Sit- loi- 
ting of the Court. ^ \^Passed June 22. 



CHAPTER 69. 

ORDER APPOINTING A COMMITTEE ON BILLS OF CREDIT TO CONFER 
WITH COMMITTEES FROM NEW HAMPSHIRE, CONNECTICUT AND 
RHODE ISLAND. 

In the House of Rep""' Legislative 

Whereas the Bills of Credit of this Province and the Bills of co^ncfr**''^ 
New Hampshire Connecticut and Ehode Island have obtain'd a cur- Ma'gg^*^'^*^^' 
rency in Trade promiscuously through the several aforesaid Gov- Arcinves, cii., 
erments. It is therefore -^ — 

Ordered that M-" Speaker M-- Hutchinson M"" Oliver and M^ Cotton naTp! w."'"' 
with such as the Honourable Board shall appoint be a Committee 
to meet with such Gentlemen as may be appointed by each of the 
aforesaid Goverments in order to project some Measures for pre- 
venting the further depreciating the Bills of either or each of said 
Goverments. or otherwise to consider of some Method for bring- 
ing the said Bills to a Period in such manner as shall be Just and 
Equal, and most for the Interest of the Inhabitants of these Gov- 
erments. 

And the Committee of this Province are directed to agree upon 
and propose a Suitable time and place for Meeting. And the Sec- 
retary is directed to acquaint the several Goverments accordingly. 

The Comm'^'^ of this Province to report their proceedings herein 
to this Court. 

In Council. Eead & Concur'd & W" Pepperrell, W" Dudley & 
Jacob Wendell Esq" are joined in the Affair. \^Passed June 22. 



CHAPTER 70. 

ORDER DEFINING THE TERRITORY BELONGING TO THE NEW PRECINCT 
OF THE OLD PARISH IN GLOCESTER. 

A Petition of the Inhabitants of the Northerly part of the first ^egisiative 
Precinct in Glocester lately set off from the said Precinct, shewing councif, 

xvil. (4), 106. 

' " A Petition of George and Robert Hews, complaining of great injustice done them 
in their controversies in the law with Nath' Cunningham, and praying that they may be 
admitted to an other Trial at the Superior Court of Review, of their last Actions ; and 
that their Writ of Scire facias against the said Cunningham, may be tried by a Jury, and 
that Executions may be stayed.'^ — Legislative Records of the Council, xvii. (4), 104. 

■•' Not found in the House Journal. 



268 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 71, 72.] 



Mass. 

Archives, xii., 
•275-293. Ante, 
p. 187, chat). 
139. 



that they are under many difficulties respecting the manner and cir- 
cumstances of their being set off by this Court, And therefore pray- 
ing that they may have all the Powers and Privileges of a Precinct 
within the Lines by which they are set off, so as to include all the 
Pamilies and Estates within the same, or that they may be other- 
wise relieved by this Court. 

Eead and 

Ordered that all the Inhabitants that now are or hereafter may 
be within the Lines described in the Eeport of the Committee on 
their Petition in December last (excepting the Inhabitants of that 
part called The Cape, together with Jeremy Parsons and Zebulon 
Witham, and their Estates) during their continuing to dwell within 
said Lines, are and shall be a distinct and separate Precinct and have 
the Powers and Privileges that any other Precinct has, or by law 
ought to enjoy; and they together with their Estates now under 
their actual Improvement, whether lying within said Lines or within 
the bounds of the Old Parish, shall pay to the new Precinct; and 
such part of the Estates lying within the Lines of the aforesaid new 
Precinct as belong to any of the Inhabitants of the old Parish, now 
under their actual Improvement, shall be assessed and pay to the 
said old Parish. [^Passed June 22.'- 



CHAPTER 71. 



Legislative 

Records of the 

Council, 

xvii. (4), 108. 

Mass. 

Arcliives, 

lxxxviii.,398. 

House Jour- 
nal, p. 69. 
Ante, p. 16, 
chap. 10. 



VOTE DIRECTING THAT THE INDEXES BE BOUND WITH THE PROV- 
INCE LAW BOOKS FOR WHICH THEY ARE PREPARED. 

There having been presented to this ' Court a large and correct 
Alphabetical Index to each of the five first Books of Records of this 
Province, prepared with great pains and care by the Hon^'® Erancis 
Eoxcroft Esq' And the Court being sensible that the said Index v/ill 
be of great use and service gratefully Accept the same. 

And the Secretary is directed to cause each Index to be bound up 
with the respective Books for which they are prepared accordingly. 
'[^Passed June 23. 



CHAPTER 72. 



ORDER IN REGARD TO FEES. 



Legislative 
Records of the 
Council, 
xvii. (4), 108. 
Mass. 

Archives, cii., 
299. 

Province 
Laws, iii.,13, 
chap. .5; 67, 
note. House 
Journal, p. 70. 



Whereas The act Entituled an act for Establishing and Better 
Regulating Eees within this Province Passed in the 16'^ year of his 
Present Maj*-'' Reign, will Expire y'' Fifth Day of July next and It 
is apprehended y'' Court will Speedily Rise so that there will not be 
Opertunity to Revive s** act or Make the Provision which is neces- 
sary in y* Case Untill y® next Session of this Court. 

Therefore 

Ordered That y*^ Several Officers in s*^ Act Mentiond Be & hereby 
are Directed to take no Other Fees Than what is Directed to in s** 
Act for y^ Respective Services Therein Mentioned.^ \_PassedJune23. 

J This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (4), the date is June 23. 

''■ The record in Mass. Archives, cii., 299, states that the foregoing was " Consented to," 
but the Governor's signature is not added. In I^egislative Records of the Council, xvii. (4), 
108, no mention is made of the Governor's consent. 



[1st Sess.] Province Laws {^Resolves, etc.). — 1743-44. 269 



CHAPTER 73. 

ORDER FOR A PROVINCE LAW BOOK TO EACH MEMBER OF THIS Legislative 

fniTRT Records of the 

^'-"-'^^^- Council, 

xvii. (4), 108. 

Ordered that the Printers be directed to deliver a Province Law Archives, 

Book to Each Member now belonging to the Gen^ Court, who Avere iviii-, 33o. 

not of the Court last Year or the Year before, At the Charge of the House Jour- 
-D • r D 7 r (90 nal, p.69. 

Province. yFassed June 23. 



CHAPTER 74. 

ORDER ALLOWING THE ACC OF THE BRISTOL CO. TREASURER. 

An Accompt presented by Samuel Howland Esq"" Treasurer of Refords'otthe 
the County of Bristol for the year 1742; Having been laid before Council, 
the Court of General Sessions of the Peace for said County and by ''^^"•^'*^'^"^' — 
them allowed: narp'er'" 

Eead and 

Ordered that the within Accompt be allowed, the Ballance thereof 
being One hundred and thirty one Pounds ten shillings and six pence 
three farthings, the Treasurer is accomptable to said County for. 
{^Passed June 23. 



CHAPTER 75. 

ORDER IN REGARD TO BRINGING IN THE TAXES. 

It APPEARING by the Treasurers Accompt that notwithstanding Legislative 
the good & wholsome laws of the Province for enforceing the pay- councif,"**'^^ 
ment of the publick Taxes into the Treasury many or most of the ^T,*g'g^*^'^"^' 
Towns of the Province are delinquent and the several Sums tliey Archives, cu., 

are assess'd at is not paid in till many months & some more than a ^— . 

year after that by Law it is requir d to be paid It is therefore mTjkto."'^' 

Orderd that the Treasurer be directed for the future more care- Province 
fully to attend the steps of the Law for enforceing in such Sums chap.k.' ' 
as now are or hereafter may be due from the several Towns in the 
province that so the Avhole Tax may always be paid into the Treas- 
ury within the time by Law requir'd. [^Passed June 23. 



CHAPTER 76. 

ORDER ALLOWING £6L 5 TO BENJ : FANEUIL EXECUTOR FOR BILLET- 
ING SOLDIERS. 

A Petition of Beniamin Eaneuil, Executor of the Testament ^^^isiative 

„ „ , ^, ,-, , , 't H • /i , , 1 1 1 1 Records of the 

01 Cpt. George Stuart dec" praying that tiiere may be made up to Council, 
the AYidow and Cliildren of the deceased the same allowance for Ma'gg.^*^' ^^'^^ 
Billeting Soldiers under the said Cpt. Stuarts command, as was .^^chives, 

° ^ ^ ixxii., 643. 



270 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 77, 78.] 



House Jour- 
nal, p. 65. 
Ante, p. 88, 
chap. 180. 



made to the other Commanders in the late Expedition against the 
Spanish West Indies. 

Eead and tliereupon 

Voted that the petitioner in his Capacity be allowed 05/ ^'" week 
old Tenor to make y* allowance to y^ Said Cap* for subsistance equal 
to what was made y*^ other Cap'* engaged in y* service for Billetting 
men in the Town of Boston being for 10 weeks billittng 98 men 
being Sixty one pounds Five shillings. \^Passed June 23. 



CHAPTER 77. 



Legislative 
Records of the 
Couucil, xvii., 
Mis., 528. 
Mass. 

Archives, xx., 
340. 

Legislative 
Records of the 
Council, 
xvii. (3), 242; 
ibid., xvii. (4), 
107. House 
Journal, p. 70. 
Ante, p. 77, 
chap. 147; p. 82, 
chap 164; 
p. 232, chaps. 
251, 252. 



ORDER DIRECTING M'' AGENT KILBY TO PAY TO MR AUCHMUTY £400 
AND FURTHER ALLOWING SAID AGENT £200 FOR THE SERVICE OF 
THE PROVINCE. 

On a Motion made and Seconded That inasmuch as this Court 
have granted the Sum of five hundred pounds Sterling for the ser- 
vice of the Province to be at the direction of the Joynt Agents upon 
the affair of the Rhode Island Controversy (besides the sum of three 
hundred pounds and fifty pounds Bills of the last Emission, granted 
to M"" Auchmuty in consideration of his absence from his Family and 
Business here. And the further Sum of fifty pounds sterling for his 
passage and Accomodation home) And M' Auchmuty having been 
detained in England longer than was expected. And the Court 

being inform'd that the whole of the s'' five hundred pounds at first 
came into the hands of M' Kilby. It is therefore 

Ordered that the Secretary write to M"" Kilby and acquaint him. 
It is the direction of this Court that He pay to said M"" Auchmuty 
including what He may already have rec'd out of said five hundred 
pounds the Sum of four hundred Pounds Sterling in full for his 
Charge and Expence during his Abode in England. And the Treas- 
urer is directed as soon as may be to remitt to said M'' Kilby the 
further Sum of two hundred Pounds Sterling for the Service of the 
Province in the aforesaid Controversy. He to be Accountable to this 
Court for the Same. [^Passed June 24.^ 



CHAPTER 78 



Legislative 
Records of the 
Council, 
xvii. (4), 112. 
Mass. 

Archives, cii., 
301. 

House Jour- 
nal, p. 71. 



ORDER FOR PROSECUTING THE COLLECTORS OF THE TAXES. 

Whereas it appears to this Court that some of the Collectors of 
the publick Taxes are now and have been for several Years delin- 
quent in paying in the Sums committed to them to Collect to the 
dishonour of this Goverm' and breach of the publick Faith Where- 
fore 

Ordered that the Treasurer be directed more effectually to Attend 
the steps of the Law to enforce the payment of such outstanding 
Sums, and to prevent such unreasonable delays for the future. 
[^Passed June 24. 

' This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis.; according to Legislative Records of the Council, xvii. (4), the date is June 23. 



[1st Sess.] Province Laws (liesolves, etc.). — 1743-44. 271 

CHAPTEK 79. 

ORDER ALLOWING £10 TO CPT ANDREW CRAIGE. 

A Petition of Cpt. Andrew ' Craige, Commander of the ship Legislative 
John Galley, Shewing that in the month of March 1741, he agreed 00^!"**"'*" 
with a Committee of this Court to provide accommodation in the xvii. (4),ii3. 
said ship for M"" Agent Aukmuty in his voyage to London, for which House Jour. 
he was to receive the sum of Ten Pounds, sterl : upon his safe ar- An'tF/y,'. 77, 
rival, which money he has never received; praying that it may be '^^^p-i*"- 
now allowed him. 

Read and 

Ordered that the sum of Ten Pounds Sterling, or Bills of Credit 
of this Province equivalent thereto, be paid out of the publick Treas- 
ury to the petitioner Andrew Craige in full for the service herein 
mentioned. [Passed June 24. 



CHAPTER 80. 

ORDER INCREASING THE GARRISON AT FORT FREDERICK. 

A Memorial of Cpt. Arthur Savage Commander of His Majestys Legislative 
Fort Frederick at Pemaquid, setting forth the weakness of the Gar- ^unclf °* *^'^ 
rison there; praying for an addition to the Soldiers and that their xvii. (4)', 113. 
Wages may be advanced. Archives, 

Read and in answer hereto ixxn., 648. 

Ordered that there be pay allowed for four more effective Men to nai"?f 7°"''" 
His Maj^^ Fort Frederick and that their Wages be equal to those of 
the Private Centinels already station'd there. ^ \_Passed June 24. 



CHAPTER 81. 

ORDER WITH STAY OF EXECUTION ON THE PETITION OF WOLCOT AND 
DODGE TO PROSECUTE AN ACTION OF REVIEW. 

A Petition of John Wolcot Esq"" Sheriff of the County of Essex, Legislative 
complaining of the unfair proceedings of one Peter Hull in an affair counctf''^ ^'^^ 
between him and John Dodge, the said Hull having absconded and xvii. (4>, 70. 
suing by his Attorney Nathan Rowen,^ whereby the Petitioner or the Archives, xiii., 

said Dodge are like to suffer great damage unjustly; and therefore ?^!: 

Praying that the Judgment and Execution obtained by the said Hull ^^rchives xiii 
may be set aside, and all proceedings about the same suspended till 291. Leg'isia-'' 
the event of a Trial upon the Review at the Superior Court for the fhe^c^u'^ncii,^ ^'^ 
County of Essex, or that he may be otherwise relieved. xvii. (4),n4. 

-r»ij 11 •!! A »-.Ti -n 1 House Jour- 

Read together with tlie Answer of Nathan Bowen & nai,pp.3;2^7-2. 

Ordered that the prayer of the Pet" be granted, & the said Exe- chap. 58.^'* 

cution be and hereby is staid untill a Tryal may be had at the next 

Sup"" Court of Jud"" to be holden at Salem within & for the County 

' "John," in margin, but "Andrew," in order. 

' The record in Mass. Archives, Ixxii., 6-t8, states that the foregoing was " consented 
to," but the Governor's signature is not added. In Legislative Records of the Council, 
xvii. (4), 11.3, no mention is made of the Governor's consent. 

' Mass. Archives reads, "Bowen." 



272 



Province Laws {Resolves, etc. ) . — 1743-44. [Chaps. 82-84.] 



of Essex on the 2^^ Tuesday of Nov"' next; & the Pef is hereby ini- 
powered to prosecute his Action of Review of said Judgm* at s'' Sup'' 
Court & the serving said Bowen with an attested Copy of the Writt 
fourteen days before tlie said Courts sitting shall be accounted a suffi- 
cient Service, And what shall be recovered by the Pef on said Review 
if any thing there be shall be taken out of the Execution afores'^ or 
the Produce thereof. {^Passed June 24. 



CHAPTER 82. 

ORDER GRANTING £50 TO WILLIAM DUDLEY ESQ FOR THE USE OF 
THE GRANTEES ON THE BORDERS OF NEW HAMPSHIRE. 



Legislative 
Records of tlie 
Council, xvii., 
Mis., 529. 
Mass. 

Archives, vi., 
4S^ 

Archives, vi., Ordered that the sum of fifty pounds Bills of the last Emission 
47. Legislative -\qq delivered to the Hon''''' William Dudley Esq"" out of the publick 
Coun^cif," Treasury to be employed for the Service of any Grantees from this 
Province ^^*^' Govemi* who are molested in their Properties by any pretence of the 
ifaws,iii.,9, Inhab*' of Newhampshire. to be paid out of the £500 Appropri'' for 
'^ ^^' ' contingent Charges.' [Passed June 25. 



CHAPTER 83. 



Legislative 
Records of the 
Council, 
xvii. (4), 117. 
Mass. 

Archives, i., 
166. 

House Jour- 
nal, p. 73. 
Province 
Laws, ii., 1062, 
chap. 24; iii., 8, 
chap. 3. 



ORDER SUSPENDING THE PAYMENT OF THE PREMIUM ON BLACK- 
BIRDS &c. 

Forasmuch as the appropriation for Grants in the Act for sup- 
ply of the Treasury is near exhausted It is therefore 

Ordered that the Treasurer be directed to give publick Notice 
that no Certificate from the Select men of any Town in the Prov- 
ince for any Blackbirds Crows Water rats grey or ground Squirrels 
that shall be kill'd after the first day of August next will be receiv'd 
or paid until the further Order of this Court. [Passed June 25. 



CHAPTER 84. 



Legislative 
Records of the 
Council, 
xvii. (4), 33, 
117. 

House Jour- 
nal, pp. 25, 71, 
73. 



ORDER REFERRING WITH STAY OF EXECUTION THE PETITION OF BENJ. 
WARE AND OTHERS, TO SET ASIDE JUDGMENTS AND TO RE-ENTER 
AN APPEAL. 

A Petition of Benjamin Ware, Ebenezer Fisher, Daniel Farring- 
ton and Thomas Fislier all of Wrentham, complaining of the pro- 
ceedings of the Court of General Sessions of the Peace for the 
County of Suffolk upon their Petition against Eliphalet Whiting 
for raising his Mill Dam so high as to overflow the Petitioners land, 
to their great damage, which petition the said Court did in January 
last dismiss with costs against the Petitioners ; from which they ap- 
pealed to the last Superior Court, who determined that no Appeal 
did ly in that case; and therefore praying that the Judgments of 
both Courts with the Execution may be set aside, & the Petitioners 
may be allowed to reenter their Appeal at the next Superior Court, 
or be otherwise relieved in the premisses. 

» Not found in the House Journal. 



[1st Sess.] Province Laws (Resolves^ etc.). — 1743-44. 273 

Ordered that the consideration of this Petition be referred to the 
next Sitting of this Court, and that the execution within mentioned 
be stayed in the mean time. \^Passed June 25. 



CHAPTER 85. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE AFFAIR 
OF THE PALATINES. 

A Petition of Godfrey Kast, in behalf of the Palatines lately Legislative 
settled at a place called Broad Bay in the Eastern parts of this couucif*^' ^'^^ 
Province, complaining of Samuel Waldo Esq" the Proprietor, for xvu. (4)', so, 
breach of Covenant, whereby they are reduced to great misery and Arciiives.^xva., 

distress; praying for relief from this Court, by supplying them and ^2i 

bringing them off from said place, and that a Committee may be Archives xv^ 
appointed to hear their case. 35. Legi's.' 

The Committee to whom was refer'd the Petition of Doctor Kast onhe Council^ 
in behalf of himself & his Palatine Bretheren, together with the H^ugg^joir^" 
answer of Sam' Waldo Esq'' have so far attended that business as nai, pp. 36, 51, 
to hear the Petitioner, and are of Opinion the Complainant and '^' 
his Bretheren have been and are great sufferers, and if not soon 
relieved may stand in need of the compassion of this Government. 
But inasmuch as the Eespondent M'' Waldo is not in town & could 
not be heard, it is proposed that the consideration of this affair be 
further refer'd to the next Sitting of this Court; and in the mean 
time, as there has been laid before the Committee the original Con- 
tract between M'' Waldo and one Sebastian Zouberbuhler for trans- 
porting the Petitioners from Germany, the Committee are of Opinion 
that the said Zouberbuhler and the other Parties be notified to attend 
such Committee as shall be appointed by this Court at such time as 
said Committee shall order, and that the Committee be directed to 
hear said Parties and make report what is proper to be done in the 
affair. 

By Order of the Committee John Osborne. 

Eead & 

Ordered that this Eeport be accepted & that this Committee 
be & hereby are impowered to proceed in the Affair accordingly. 
{^Passed June 25.'^ 



CHAPTER 86. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
SAMi- STEVENS FOR A RE-HEARING OF A CAUSE. 

A Petition of Samuel Stevens of Roxbury, Shewing that whereas Legislative 
this Court were pleased to grant him a new Trial at the Superior counclf, ^'^ ^^^ 
Court in Boston of a cause between him and Nath' Martin, for want xvii. (4), 124. 
of Form in the Power given to the Person that appeared for him House Joixr- 
at the last Suj)erior Court, Judgment went against him by Default; ^nte,'-pyi^, 
and therefore Praying that he may have an other Trial of the said ^^^^- ^• 
cause at the Superior Court to be held at Boston in February next, 
and that Executions may be stayed in the mean time. 

1 Adjourned to September 8. See Legislative Records of the Council, xvii. (4), 121. 



274 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 87-89.] 



Eead and 

Ordered that the Petitioner serve the adverse Party, the said 
Nathaniel Martyn with a Copy of this Petition, that he shew cause 
if any he hath on Pryday the sixteenth Curr' why the prayer thereof 
should not be granted, and the Executions within mentioned are 
stayed in the mean time. \^Passed September 8. 



CHAPTEE 87. 



ORDER. OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
ABIG. PELL TO RECONSIDER A JUDGMENT. 



Legislative 
Records of tlie 
Council, 
xvii. (4), 130. 
Mass. 
Archives, 
xviii., 172. 

Mass. 
Archives, 
xviii., 171. 
House Jour- 
nal, p. 75. 
Ante, p. 231, 
chap. 24S; 
p. 239, chap. 3. 



A Petition of Abigail Pell of Boston; Shewing that she being 
aggrieved at the Judgment of the Inferior Court of Common Pleas 
for the County of Suffolk pass'd on the action of Elisabeth and 
James Pitts, on a bond by them sued against the Petitioner, applied 
to this Court at their last Session, that the Court pass'd a general 
Resolve relating to old Bonds and Mortgages, that the Petitioner 
moved the Justices of the said Inferior Court to reconsider their 
Judgment, agreable to the intention of the said Resolve, which they 
refused to do; 23raying for further relief from this Court, and that 
Execution may be stayed. 

Read and 

Ordered that the Pef serve the Adverse Parties James and Eliza- 
beth Pitts with a copy of this Pet° that they shew cause if any they 
have on tuesday the IS'*^ curr* why the Prayer thereof should not be 
granted. \Passed September 9. 



CHAPTEE 88. 



COMM'^™ FOR YE LIGHTHOUSE. 



Legislative 

Records of the 

Coxiucil, 

xvii. (4), 131. 

Mass. ORDER SUBSTITUTING COLL WENDELL FOR WILLIAM DUDLEY ON THE 

Archives, 

Ixiv., 220. 



nai^p! 79.""^' Ordered that Jacob Wendell . Esq"" be of the Committee of this 

ch'ap. 29.^**^' Court in the Affairs of the Light House in the room of AVilliam 
Dudley Esq"" dec''. [Passed Sejjtember 9. 



CHAPTEE 89. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE EAST- 
ERLY PART OF THE OLD PARISH IN HAVERHILL AND ERECTING THE 
SAME INTO A NEW PRECINCT. 



Legislative 
Records of the 
Council, 
xvii. (4), 131. 
Mass. 



The Committee appointed by this Court to repair to the Old Parish 
in Haverhill and view the same, and the circumstances thereof, and 
hear all parties thereon, and set off the Petitioners and so much of 
Archives, cxv., ^]^g land they pray for, as they shall judge reasonable, by Metes and 
Bounds, in order to their being a distinct and separate Precinct, and 
make report thereof to this Court at their next Sessions &•= have ac- 



Mass. 
Archives, cxv 



[1st Sess.] Province Laws {ResoJves, etc.). — 1743-44. 275 

cordiiigly repaired to the old Parish in Haverhill, viewed the same loe. House 
and heard the parties thereon, and find that the Meeting house stands t^^^-i^^^Ante^^' 
near six miles from the East end of said Parish, and but about one p^ 255, chap, 
mile from the West Parish line, and stands very much in the center 
of the Westerly half of the Parish and commodiously situated for 
the conveniency of the people there, but turns out greatly to the 
prejudice of the people of the Easterly part of the Parish, for that 
a number of them have about six miles, and the bigger part more 
than four, to travel to the place of publick Worship. Wherefore the 
Committee are of Opinion that the Petitioners and others, with so 
much of the Land as they pray for, be set off in a distinct and sep- 
arate Precinct as is comprized within the following bounds, viz' Be- 
ginning at a large lopt Black Oak tree standing on the bank of the 
Eiver Merrimack, between the land of Moses Hazens and the land 
of Ebenezer Bucks; thence running North Westerly between said 
lands to Nath^ Peaslys land ; then running Westerly and thence run- 
ning to the Country Koad, so as to include all Peaslys land at that 
place; thence running across said Eoad to a White Oak tree stand- 
ing in the North Easterly corner of Samuel Darsies field, on the 
Westerly side of said Eoad; from thence running on a strait line 
thro the Great Pond until it comes to the Brook at the Pond Bridge, 
and so as said Brook runs to the Province Line. All which is hum- 
bly submitted. 

In behalf and by Order of the Committee 

Eben^ Burrill. 

Eead and 

Order\l that the within Eeport be accepted, and the Petitioners, 
with Such of their Estates as are comprehended within the Bounds 
mention'd in S*^ Eeport, be and hereby are Set off a distinct and 
Seperate Precinct accordingly; and vested w*'' Such Powers and 
Privileges as other Precincts within this Province do or by Law 
ought to enjoy; and that the Charge of the Com'^'^ be born by the 
Petitioners. \Passed Septeniber 9. 



CHAPTER 90. 

ORDER REFERRING TO PUBLICK MONEY AND PAPERS IN THE CUSTODY 
OF THE ESTATE OF WILL" DUDLEY ESQ» DEC". 

In the House of Eepresent"^*^^; Whereas several sums of money Legislative 
and sundry publick papers have been lodged in the hands of the late councH^"* ^^^ 
William Dudley Escf as Chairman or Member of sundry Committees xvu. (4)', 132. 
appointed by this Court: Mass. 

Ordered that the surviving Members of the said Committees be 315? House '' 
respectively directed and impowered to receive of the Administ^ of ^t^l^^S^-i^^' 
the estate of the said William Dudley Esq'' and give discharge ac- chap! 82. 
cordingly for such sums as remained in his hands unaccounted for, 
and all sucli publick papers as relate to the affairs for which said 
Committees were appointed; and that M'' Hutchinson with such as 
the Hon^'^ Board shall appoint, be a Committee to receive of the 
Administ^ afore mentioned the Fifty Pounds granted by this Court 
the 25"' of June last & deposited in the hands of the dec'* and that 
they apply the same as in said Grant directed; the respective Com- 



276 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 91, 92.] 



mittees to be severally accountable to this Court for their proceed- 
ings herein. 

In Council; Eead and Concur'd; and Thomas Berry Esq' is joined 
in the affair. ^Passed September 10.^ 



CHAPTEE 91. 



Legislative 
Records of the 
Council, 
xvii. (4), 133. 

House Jour- 
nal, p. 80. 
Ante, p. 131, 
chap. 7. 



ORDER ALLOWING THE KCC^ OF EXPENSES FOR SELLING THE LANDS 
OF THOS PEGAN, INDIAN. 

An Accompt presented by Edward Goddard Esq. & M"" Joseph 
Livermore relating to lands sold by Thomas Pegan of Natick Indian, 
and debts discharged by the proceeds of the said sales, with the 
advice and assistance of the Accomptants, pursuant to an Order 
of tlie General Court in June 1743. 

Eead and 

Ordered that this ilccompt be allowed, and that the Accomptants 
be discharged accordingly. \_Passed September 10. 



CHAPTEE 92. 



ORDER TRANSFERRING DIVERS BALANCES OF APPROPRIATIONS TO 
THE FUND FOR THE PAYMENT OF GRANTS. 



Legislative 
Records of the 
Council, 
xvii. (4), 134. 

Province 
Laws, ii., 1078, 
chap. 11; iii., 
8, 9, chap. 3; 
ISS, note. 
House Jour- 
nal, p. 81. 



Whereas the Appropriation for grants in the late Act for sup- 
plying the Treasury is exhausted, and sundry grants have been made 
by this Court which are not yet paid, & other grants necessary for 
the service of the Province may hereafter be made, and the attend- 
ance of the Members of the Court at this Season of the year, in 
order to prepare and pass a Bill for the supply of the Treasury, will 
be extreamly prejudicial to their affairs: And whereas part of sev- 
eral other Appropriations remains in the Treasury, which may not 
be necessary to be drawn out till the Court shall sit again: 

It is therefore 

Ordered that the sum of Forty three pounds five shillings and 
seven pence three farthings, being the surplus of the Five Thou- 
sand Pounds Appropriation for the service of His Majesty in the 
late Expedition to the West Indies, and the sum of Four Hundred 
and eighty pounds ten shillings and ten pence remaining of the 
Seven Hundred Pounds formerly taken from the Five Thousand 
Pounds Appropriation aforesaid, and the sum of Three Hundred 
pounds part of the Five Hundred Pounds Appropriation for pay- 
ment of contingent charges, and the sum of Eleven Hundred and 
Ninety two pounds sixteen shillings and nine pence half peny, being 
the surplus of the Four Thousand Pounds appropriation for payment 
of Forts and Garrisons &'^ the whole of the several sums aforesaid 
amounting to Two Thousand and sixteen pounds thirteen shillings 
and three pence one farthing be taken from the several Appropria- 
tions to which they respectively belong, and applied or appropriated 
for the payment of such Grants as are or shall be made by this Court : 

' This date is according to Mass. Archives ; according to the House Journal and Legis- 
lative Records of the Council, xvii. (1) , the date is September 9. 



[1st Sess.] Province Laws (Besolves, etc.). — 1743-44. 277 

the several sums, taken as aforesaid, to be restored or made good to 
their respective Appropriations by the next Act for supply of the 
Treasury that shall pass this Court. [Passed Septembe?- 10. 



CHAPTER 93. 

ORDER OF NOTICE ON THE PETITION OF MERRICONEAG NECK INHABI- 
TANTS FOR EXEMPTION FROM TAXATION. 

A Petition of John Otis, Edward Ward, and others, Inhabitants Legislative 
of Merriconeag Neck and the Islands adjacent in the Township of couuc'if, "^^ ^'^^ 
North Yarmouth, setting forth their great poverty and their dis- xvii. (4), 135. 
tance from the place of Worship, and praying that they may be Archives, cxv., 

exempt from publick taxes, and be allowed a sum of money out of ^li: 

the publick Treasury for building a Meeting house for the Worship ^fchlves cxv 
of God and for supporting a Minister among them. no. House 

-n ^ ^ i r & & Journal, p. 80. 

Kead and 

Ordered that the Pet" serve the Towns of North Yarmouth and 
Brunswick with copys of this Pet" 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. [Passed September 10. 



CHAPTER 94. 



ORDER OF NOTICE WITH STAY OF PROCESSES ON THE PETITION OF Legislative 

COLL. BUCKMINSTER IN REGARD TO BOUNDARY LINES. Records of the 



Council 
xvii. (4), 141. 
Mass. 
Archives, cxv., 



On THE Petition of Joseph Buckminster Esq'' [ante, p. 256, 
chap. 43] 111^ 

Ordered that the Consideration of this petition be further refer'd Mass. 
to the first Wednesday of the next Sitting of this Court, «& that the ^sf'^Hous^e^^' 
adverse party then give in their Answer And all Processes are Stayed ^^"g°''^''256^^' 
in the mean time. [Passed September 12.^ chap'. 43. 



CHAPTER 95. 

ORDER CONFIRMING THE PROCEEDINGS AT THE TOWN MEETINGS OF 
THE EAST PRECINCT IN MENDON. 

A Petition of Daniel Corbet and Jonathan Hayward in behalf Rgfords^ofthe 
of the Inhabitants of the Eastern Precinct in Mendon, Shewing council, 
that in their Precinct Meeting in March 1741/2, and other Meet- Mass.^*^' ^*^' 
ings since, in order to maintain peace among themselves they un- Archives, cxv., 

advisedly condescended to admit unqualified persons to Vote; For " 

which reasons divers persons refuse to conform to the Votes of those Archives, cxv., 
Meetings, more especially those that relate to the support of the jo'krn^i^ p^.^85. 
Ministry and the building of a Meeting House ; which causes great 
confusion among them ; and therefore praying that this Court would 
confirm the Votes of said Meetings. 

' This date is according to Mass. Archives and the House Journal; according to Legis- 
lative Records of the Council, xvii. (4) , the date is September 13. 



278 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 96-98.] 



Whereas it apjDears to this Court the irreguhir proceedings within 
mentioned were not in wilfull Contempt of the Law. but through 
Inadvertence, & inas much as rendring void the same wouhl greatly 
perplex their Affairs, if not prove destructive to them in their weak 
& infant State, Therefore 

Ordered that the several Meetings held there & everything therein 
done, or in Consequence thereof be & hereby are declared valid, & 
all persons concerned or that may be concerned are hereby directed 
to conform themselves thereto, any defect in their Proceedings not- 
withstanding. \_Passed September 12.^ 



CHAPTEE 96. 



Legislative 
Records of the 
Council, 
xvii. (4),141. 

House Jour- 
nal, p. 83. 
Ante, p. 272, 
chap. 84. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PET^ OF BENJ 
WARE & OTHERS, TO SET ASIDE JUDGMENTS AND REENTER AN 
APPEAL. 

On the Petition of Benjamin Ware and others, \ante, p. 272, 
chap. 84] 

Ordered that the consideration of this Petition be further refer'd 
to the next Sitting of this Court, and that the Execution within 
mentioned be stayed in the mean time. \^Passed September 13. 



Legislative 
Records of the 
Council, 
xvii. (4), 141. 

Legisliitive 
Records of the 
Council, 
xvii. (4), 94. 
House Jour- 
nal, p. 85. 
Ante, p. 144, 
chap. 39. 



CHAPTEK 97. 

ORDER SUBSTITUTING JOSEPH WILDER ESQ'' FOR WM. DUDLEY ESQ^ 
ON THE COMMITTEE ON THE NEW SHERBURN AFFAIR. 

On THE Report upon New Sherburn affair, [«w/e, p. 144, chap. 
39] 

Ordered that Joseph Wilder Esq"" be on the Committee mentioned 
in the within Vote of Council in the room of William Dudley Esq'' 
dec'*. \_Passed September IS. 



CHAPTER 98. 



Legislative 
Records of the 
Council, 
xvii. (4), 142. 
Mass. 
Archives, 
xviii., 176. 

Mass. 
Archives, 
xviii., 175. 
Legislative 
Records of the 
Council, xvii., 
Mis., .529. 
House Jour- 
nal, p. 83. 



ORDER IMPOWERING JABEZ WHITTEMORE AND OTHERS, HEIRS OF 
ANNA MOUSEL WITH GUARDIANS, TO SELL HOUSE AND LAND. 

A Petition of James Whittamore ^ and Mary his wife and the 
other adult Heirs of Anna Mousel late of Charlestown dec'* and 
Ezekiel Chever Esq'', Caleb Lamson, and Joanna Mousel, Guar- 
dians of such heirs as are in their minority; Praying that the said 
Guardians may be impowered to join with the other Petitioners in 
the sale of a piece of land in Charlestown, with the house thereon, 
containing about eleven Acres, being the estate of the deceased. 

Read & 

Ordered that the prayer of the Petition be granted, & that the 
Guardians of the respective Minors within named be & hereby are 
impowered, together with the other Petitioners, to make sale of 
the House & Land within mentioned, & to execute a good Deed 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council xvii. (4), the date is September 14. 
" Mass. Archives, xviii., 175, reads, " Jabez Whittemore." 



[1st Sess.] Province Laws {Resolves, etc.). — 1743-44. 279 

or Deeds for the Conveyance thereof accordingly; such Guardians 
to give sufficient Security to the Judge of Probate for tlie County 
of Midd"^ to account for the Proceeds & the Application thereof 
according to Law. [^Passed Septemher 13. 



CHAPTER 99. 

ORDER DIRECTING THE PROVINCE TREASURER TO REMIT £525 TO M« 
AGENT KILBY FOR THE SERVICE OF THE PROVINCE. 

Ordered that the treasurer be directed to remit M"' Agent Kilby, Legislative 
by exchange or other ways, in the speediest and best manner that councif, xViL? 
may be; the sum of five hundred and twenty five pounds sterling, ^'s., 530. 
to 130 applied to the discharge of such obligations as the said M' ^®^'^|?"^f tv, 
Kilby may be under by order by order ' of this court, for the pay- council, 
ment of five hundred Guineas for small arms; said to have been House^-Jour-' 
formerly sent from Great Britain for the use of this Province, nai, p. 86. 
\Passed September 14. 



CHAPTER 100. ^If^Sthe 

Council, xvii.. 
Mis., 530. 



ORDER ALLOWING £150 FOR REPAIRS AT CASTLE WILLIAM. 



Legislative 
Records of the 



Ordered that the sum of One hundred and fifty pounds be paid ^°-j°?il' ^^ 
out of the publick treasury, into the hands of the committe ap- House Jour- 
pointed by this Court to procure materials, and labourers, to effect 'Ante^\^fm!' 
the repairs at Castle William, to enable them to proceed in that chap. 230. 
affair. \^Passed September 14. 



CHAPTER 101. 

ORDER SUBSTITUTING JOHN CHANDLER ESQ'' FOR WILLIAM DUDLEY 
ESQ ON THE COMM'''''^ ON THE AFFAIR OF THE BILLS OF CREDIT. 

On THE Vote for a Committee to meet Committees from the Legislative 
Neighbouring Governments upon the affairs of the Bills &° [aw^e, councif ^^ *^* 
p. 267, chap. '69] xvii. (4)', i44. 

Ordered that John Chandler Esq"" be added to the Committee in House Jour- 
the within Vote mentioned in the room of William Dudley Esq'' ^nte,v. iei. 
Deceased. [Passed Sepitemher 14. chap. 69. 



CHAPTER 102. 

ORDER IMPOWERING ABIG. WILLARD, ADMINISTRATRIX, TO SELL REAL 

ESTATE. 

A Petition of Abigail Willard, Widow & Administ^ of Samuel Rlfordg^of th 
Willard late of Biddeford in the County of York, Clerk, dec"^ In- Council, 

' Sic. 



280 



Province Laws {Resolves, etc. ) . — 1743-44. [Chap. 103.] 



xvii. (4), 145. 
Mass. 
Archives, 
xviii., 174. 



Archives, 
xviii., 173. 
Legislative 
Records of the 
Council, xvii., 
Mis., 530. 
House Jour- 
nal, p. 88. 
Province 
Laws, ii., 151, 
chap. 10 



testate, shewing that his personal estate is not sufficient to pay his 
Debts, that liis real estate consists in a piece of unimproved Land 
at Rutland and an House and Land at Biddeford afore said, which 
is of very little Profit as it is ; and therefore praying that she may 
be impowered by this Court to sell the whole of the said Real Estate 
for the payment of the Debts due on the said Estate and the better 
support of her self and her Children. 

Read & 

Ordered that the Prayer of the Pet" be granted & the Pef is 
hereby allowed & impowered to give & execute a good Deed or 
Deeds of the House & Lands herein mentioned for the most they 
will sell for, upon proper Notification agreable to the Law in the 
6**^ of King George y^ 1^* Chap: 3'' she giving sufficient Security 
to the Judge of Probate for the County of York that the Produce 
arising by s*^ Sale be let out at Interest, one third part of said In- 
terest to be for the Use of the Pef during Life, the other two thirds 
to be applied for the Support & Education of the Children of the 
Dec*^ The Pet' to be accountable for the Principal & the remaining 
Part of the Interest if any there be to the Children of the Intes- 
tate, or their legal Repres^'^^ as they respectively arrive at Age or 
are married. [Passed September 14. 



CHAPTEE 103 



ORDER OF NOTICE ON THE PETITION OF JON'^ BOYDEN IN REGARD TO 
THE SETTLEMENT OF AN ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (4), 146. 

House Jour- 
nal, p. 86. 



A Petition of Jonathan Boyden of Groton, shewing that in 
the year 1718, the Petitioner together with William Lakin, Jona- 
than Lakin, Abraham Lakin, Joseph Lakin and John Nutting, 
children and heirs of William Lakin of Groton dec*^ entered into 
Articles of Agreement for dividing the estate of the deceased among 
them, but neglected to present the same to Francis Foxcroft Esq"' 
then Judge of Probate for the County of Middlesex, but have lately 
offered it to Jonathan Remington Esq'' the present Judge, who re- 
fuses to receive or act upon it, because two of the parties are dead, 
and two more are unable by reason of age to appear before the Judge : 
And for as much as great damage and confusion will ensue upon the 
voiding the stiid Agreement ; therefore praying that this Court would 
enable the said Judge to confirm it. 

Read and 

Ordered that the Petitioner serve the Persons within named who 
are now living, and the heirs or legal representatives of such of them 
as are deceased, with a copy of this 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 
September 14. 



[1st Sess.] Province Laws {Resolves, etc.). — 1743-44. 281 



CHAPTER 104. 

ORDER OF NOTICE ON THE PETITION OF THE TOWN OF WESTERN TO 
LEVY A TAX ON LAND. 

A Petition of the Select Men of the Town of Western, sliewing Legislative 
that a great part of the lands there are owned by Non Eesident Pro- counctf, °* ^'^^ 
prietors, who neither improve nor will sell their lands; praying that xvii. (4), u~. 
this Court would lay a Tax on the said lands, to help them to defray House Jour- 
the charge of building a Meeting House, and supporting a Minister ' 
in said Town. 

Kead and 

Ordered that the Petitioners notify the Non Resident Proprietors 
by printing the substance of the within Petition in the Boston Gazet 
for three weeks successively, that they shew cause if any they have, 
on the first Fry day of the next Sessions ' of this Court, why the prayer 
thereof should not be granted. \_Passed SejAemher 14. 



CHAPTER 105. 

ORDER OF NOTICE ON THE PET^ OF DIVERS INHABITANTS OF LEICES- 
TER AND RUTLAND, TO BE ERECTED INTO A SEPARATE PRECINCT. 

A Petition of Jonathan Witt and John How, & divers others Legislative 
Inhabitants of the Easterly part of Leicester and Southerly part councif °* ^'^^ 
of Rutland, setting forth their great difficulties in attending the xvu. (4)', i48. 
publick Worship of God in their respective Towns, that they have Archives, xu., 

petitioned them for their Consent to their being set off a separate ^^ 

Precinct, which they refused to grant; and therefore praying that Mass. 

this Court would make them a distinct Precinct by the Bounds par- sss-sse. Prov- 

ticularly described in this Petition. ee^'House""' 

Read and Journal, p. 86. 

Ordered that the Pet" serve the Towns of Leicester and Rutland 
with copys of this Pet" 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. [Passed September 14. 



CHAPTER 106. 

ORDER DIRECTING THE PROVINCE TREASURER TO REMIT £200 TO Legislative 

M« AG' KILBY. Records of the 

Council, 
xvii. (4), 153. 

Orderd That the Treasurer be directed to remit to M"" Agent ^f^f^-^ 
Kilby by Exchange or other ways in the speediest & best manner 342. 



that may be the Sum of Two hiindred pounds sterling for the ser- Legislative 
vice of the Province for which the said M"" Kilby is to be account- councif, xvii!^ 
able to this Court. \ Passed September 14.'' Mis., 529. 

•- -^ House .Jour- 

^ The House Journal, p. 89, reads, " Session." > • • 

^ This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (4) , the date is September In. 



282 



Province La\^s (Besolves, etc.). — 1743-44. [Chaps. 107-109.] 



CHAPTER 107. 



ORDER ON THE PETITION OF THE WESTERLY INHABITANTS OF WOOD- 
STOCK TO BE ERECTED INTO A SEPARATE PRECINCT. 



Legislative 
Records of the 
Council, 
xvii. (4), 155. 
Mass. 
Archives, 
cxiv., 731). 

Mass. 
Archives, 
cxiv., 732-743. 
House -Jour- 
nal, p. 87. 
Ante, p. 211, 
chap. 202. 



On THE Petition of the Inhabitants of the Westerly part of 
Woodstock, [ante, p. 211, chap. 202] 

Read w^^' the Com'®®^ Report thereon & 

Ordered that the Prayer of the Pet" be granted, & that the West- 
erly half Part of the Town of Woodstock with the Inhab*'* there be 
& are hereby erected into a seperate & distinct Precinct, & vested 
with all the Rights & Privileges that Precincts by Law ought to 
enjoy, the Petition'''* to pay all ministerial Taxes hitherto assessed 
or granted in the said Town. [Passed SejJtember 14.^ 



Legislative 
Records of the 
Council, xvii., 
Mis., 531. 
Mass. 

Archives, xlii., 
311. 

Mass. 

Archives, xlii., 
309, 317-321. 
Legislative 
Records of the 
Council, 
xvii. (4), 149. 
House Jour- 
nal, p. 92. 
Ante, p. 248, 
chap. 22. 



CHAPTER 108. 

ORDER VACATING A JUDGMENT IN THE CASE OF BENJ'^ BARKER AND 
IMPOWERING HIM TO BRING FORWARD A WRIT OF REVIEW. 

On the Petition of Benjamin Barker of Haverhill wlio was 
sued by the proprietors of the Common lands in the town of 
Haverhill, in the County of Essex. 

Read together with the Answer of the Propriet" of the common 
Lands in Haverhill, the Memorial of the Petition"" & the Answer of 
the said Propriet" to the same; And forasmuch as it appears to this 
Board that the Fore Man of the Jury that tried the Cause mentioned 
in the Petition was interested therein; 

Ordered that the Judgem'' in the said Action be & hereby is 
vacated, & declared null & void; And that the Petitioner be en- 
abled to bring his Writ of Review of the said Cause to the Supe- 
rior Court of Judicature to be holdeu at Salem for the County 
of Essex in Novem"" next; And the Justices of the said Court 
are hereby impowered & directed to hear & try the said Action 
& give Judgment therein & award Execution thereupon, accord- 
ingly. [Passed Se^Jtember 15. 



CHAPTER 109. 

ORDER REFERRING THE PETITION OF SOLOMON HOLMAN AND OTHERS 
TO BE ERECTED INTO A SEPARATE PRECINCT. 



Legislative 
Records of the 
Council, 
xvii. (3). 504; 
ibid., xvii. (4), 
151. 

House Jour- 
nal, pp. 91, 113 
(December, 
1742) ; p. 92. 



A Petition of Solomon Holman & others, Inhabitants of the 
Northerly part of the Town of Sutton; setting forth the incon- 
venience they are under by their being continued as one Precinct ; 
and therefore praying that they may be set off a separate Precinct. 

[The report of the committee] Read and 

Ordered that the consideration of this Report and the Petition 
refer'd to, be further refer'd to the next Sitting of this Court. 
[Passed September 15. 

1 This date is according to Mass. Archives ; according to Legislative Records of the 
Council the date is September 15. 



[1st Sess.] Province Laws {Resolves, etc.). — 1743-44. 283 

CHAPTER 110. 

ORDER ALLOWING 15/ PER MONTH TO PHIL. TRUxMAN AS INTERPRETER, 

A Petition of Philip Truman, Ensign at Richmond Fort, setting Legislative 
forth his long and faithful services, & the lowness of his wages, and ooun^(!if, ''^ ^^^ 
praying that they may be advanced, and that he may be allowed a JjT,";^*^'^^^- 
salary for his service as Interpreter for the Indian Trade, and a rec- Archives, 
ompence for his pass'd services therein. ixxn., 649. 

Read and in Answer hereto ^a^i^pp.'^ss^sg. 

Ordered that the Sum of fifteen Shillings ^ Month be allowed 
the Pef for his Service as Interprter for the Year past. And that 
the Sum of fifteen shillings ^ Month be allowed him for that Ser- 
vice during his continuance in that Station. \^Passed September 15, 



CHAPTEE 111. 

ORDER ON THE PETITION OF THE ELBOWS INHAB^ FOR STAY OF A 
TREASURERS WARRANT. 

A Petition of the Proprietors and Inhabitants of the Elbows Legisiattve 
Plantation, setting forth their great poverty and the difficulties counc^f, ''^ '^'^^ 
they are under to pay the Five hundred Pounds set on them for xvu. (4),i52. 
their Lots of Land; and praying that this Court would either abate Archives, cxv., 

them a part thereof, or allow them three or four years to pay the ^ 

whole into the Treasury, and that the Treasurers execution against ^Jrchives cxv 
the Collectors be staid, and that they be erected into a Township, lee. Leglsia-'' 

T-, T -, . . T , "^ ^ tive Records of 

Read and in Answer hereto the Council, 

Ordered That the Warrant mentioned be so far Stayed as that House^Jour-^^' 
they be Obliged to pay only one quarter part thereof forthwith nai,pp.87,92. 
and the other three quarters in three equal payments viz in the Law8,°x?i.,624, 
Years 1744 1745 and 1746. And that a Comm"^*^ chosen by said ^'^''^p- i^o- 
Plantation or the major part thereof, shall proceed in the Sale of 
any delinquent Prop" lands within the whole of that tract which 
was granted by this Court to the Pet" & y" Associates for payment 
of his proportion of said Sum, after notifying the Sale in the Bos- 
ton Gazette twenty days before the same be made. Also 

Voted that the Pef be allowed to bring in a Bill for erecting said 
Plantation into a Township. \^Passed Septemher 15. 



CHAPTER 112. 

ORDER ON THE PETITION OF EBEN" & ABIG. SMITH IN REGARD TO 

DOWER RIGHTS. 

A Petition of Ebenezer Smith of Lexington & Abigail his wife. Legislative 
shewing that they with Thomas Fessenden petitioned this Court in coSnc'if, °* *^^ 
April last for liberty to sell the real estate of Benjamin Willington j^jT^gg^*^-^^- 
late of Lexington dec*^ which the Court granted, but there happened Archives, 

to be a mistake in the Order, no provision being made for the Dower ^^"'•' ^'^"' 

of the Petitioner Abigail, who was the widow of the deceased; And ^^rchives 



284 



Province Liaws (HesolverS, etc.) . — 1743-44. [Chaps. 113, 114.] 



xviii. 179. therefore prayiiia: that this Court would assign her her Dower in the 

JLiGS'lSliltlVG J. ./ o <~> 

Recordsof the Said Estate, saving the House and Barn. 
Council, xvii., Read and 

Ordered that the Prayer of the Pet" be granted and that the within 
named Abigail hold and enjoy all her right of Dower in her s'^ late 
Husband's Estate as sett oli" to her by the Judge of Probate for the 
County of Midd'^ or the produce thereof if the same be sold, except 
her right in the House and Barn within mentioned the s'^ Order of 
Court notwithstanding. The Pef^ giving sufficient Caution to s*^ 
Judge that the same shall be accounted for to the Heirs of the 
s"^ Benjamin if it be sold. [Passed Sejjteinber 15. 



Mis., 53:5. 

House Jour- 
nal, p. 89. 
Ante, p. 220, 
chap. 221. 



Legislative 
Records of the 
Council, 
xvii. (4), 154; 
ibid., xvii., 
Mis., 532. 

Mass. 
Archives, 
xxxi., 463, 464. 
House Jour- 
nal, p. 80. 
Ante, p. 221, 
chap. 223. 



CHAPTER 113. 

ORDER IMPOWERING DIVERS OF THE TETTICUT INDIANS TO SELL 

LAND. 

A Petition of John Simons and Benjamin Wonno of Tetticut, 
Indians, in behalf of the said Tetticut Indians, shewing that they 
have contracted considerable debts by defending their Rights in the 
law from the invasions of their English neighbours, for the discharge 
of which debts it is necessary some of their Lands should be sold; 
And therefore praying that they may be allowed to sell a parcel of 
land of the quantity of about Fifty Acres, to M'' Ebenezer Shaw, 
who is now in possession by vertue of a lease from them, ajiproved 
by the General Sessions of the Peace for the County of Plymouth ; 
he giving such sum for it as a Committee of this Court shall judge 
reasonable. 

In Council; 

Read and in answer to this petition. 

Ordered that the petitioners John Simons and Benjamin Wonnoh 
be and hereby are empowered to make sale of the land within-men- 
tioned, or any other lands of equal [value] ' belonging to the peti- 
tioners, as shall be least prejudicial to their interest and to make and 
execute a good deed for the conveyance thereof accordingly, and John 
Gushing Esq'' with such as shall be joined by the honorable house, 
are desired and empowered to assist the petitioners in the sale of 
the premisses, so as may be most for their advantage, the produce of 
the sale to be deposited in the hands of the committee for tlie pur- 
poses within mentioned, they to be accountable. 

In the House of Representatives Read and concurred and Major 
Jones and M'' Livermore are joined in the affair. \_Passed Sejjtem- 
ier 15. 



Legislative 
Records of the 
Council, 
xvii. (4) , 96, 
164. Mass. 



CHAPTER 114. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETITION 
OF JN*^ SIMON, INDIAN, AND IMPOWERING HIM TO SELL LAND. 

A Petition of John Simon of Teticut, Indian, shewing that he 
is disabled from work by reason of lameness, and therefore praying 
that he may be impowered to sell Thirty Acres of Land in Teticut for 

I Inserted from Legislative Records of the Council, xvi. (4) , 154. 



[1st Sess.] Province Laws {Besolves, etc). — 1743-44. 285 

payment of his debts, & for his more comfortable support for the Archives, 
future. -^^^bi!L__ 

The Committee to whom was refer'd the petition of John Simons ^^ "iJ! 'no"*^" 
of Tetticut in the Township of Middleboro, Indian man, have at- (Aprii);pp.63, 
tended tliat affair, & examined into the circumstances of the said 
John Simons, and find that he is justly indebted near One Hundred 
Pounds old Tenor ; And we are of Opinion that the said John Simons 
have liberty to sell the said Thirty Acres of land lying in Tetticut 
for the most it will sell for, and that some suitable persons be ap- 
pointed to assist and advise in the sale thereof, and that they be 
appointed to give a good Deed of Sale for the same. All which is 
humbly submitted 

In the Name and by Order of the Committee 

Geo: Leonard. 

In Council; Eead & 

Ordered that this Report be accepted & that George Leonard Esq' 
with such as the Hon^''« House of Represent""^^ shall join be a Com- 
mittee for the purposes above mentioned : 

In the House of Rep""'* Read and Concur'd And Maj"" Little is 
Joyned in the Affair. [Passed September 15. 



CHAPTER 115. 

ORDER GRANTING TO SAM'^ MOODEY A LICENCE TO KEEP AN INN. 

A Petition of D'' Samuel Moodey of Falmouth in the County Legislative 
of York, shewing that for divers years last past he has kept a councff °*"^^ 
Tavern in said Town, that by reason of his attending the publick xvii. (4)', 157. 
business in the General Court, he was prevented from taking out Archives, cxi., 

his Licence for this present year, at the proper season; and there- — 

fore Praying that the Justices of the said County may be impowered j^^^p*' 94 "*"' 
to grant his licence in the next Court of General Sessions of the 
Peace. 

Read & 

Order^ that y*^ Justices of y® next Court of Gen^ sessions to be 
held within & for the County of york be & hereby are Impowered 
to Licence y*" petif for y*^ Purpose mention'^ in his Petition (if they 
See Cause) y® Time for Granting Licences by Law appointed being 
elapsed not withstanding. \Passed September 16. 



CHAPTER 116. 

ORDER CONFIRMING A PLAT OF 200 ACRES OF LAND TO THO. HAPGOOD. 

A Plat of Two Hundred Acres of Land laid out by Abner Lee Legislative 
Survey^ and Chain men on Oath, to fulfill a grant made by this coiS*'**^^ 
Court to Thomas Hapgood of Marlboro, beginning at a Stake and ^,^"-(4).i58. 
Stones on the North line of Paquoig being the South East corner pians.^Mis., 

of a Canada Township, thence running North on the East line of ^'"•' '^' _ 

said Township two hundred and forty four rods to a Black Oak Tree J^^°"p^ 9^"''" 
mark'd T H, and Stones ; thence running East one hundred and four- Ante, p. 172, 
teen rods to a Hemlock Tree; thence South 17 Deg. East, two hun- *^ ^^' 



286 



FROvmcE IjAws (liesolves, etc.). — 1743-44, [Chaps. 117-119.] 



dred and fifty one rods to a Stake and Stones by a small Brook about 
eight rods East from Tiilly Brook on Paquoig Line ; thence West 
one hundred and eighty eight rods to the Corner fii'st mentioned, 
twenty Acres being allowed for a High way &° 

Eead and 

Ordered that the within Plan be accepted And the land herein 
delineated and described be confirm'd to the s*^ Thomas Hapgood 
His Heirs and Assigns for ever Provided the Plat exceeds not the 
Quantity of the Grant and does not interfere with any former 
Grant. [^Passed September 16. 



CHAPTER 117. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PET^ OF JOHN 

WOLCOT ESQ". 



Legislative 
Records of the 
Council, 
xvii. (4), 38. 
Mass. 

Archives, xlii., 
438. 

Mass. 

Archives, xlii., 
437-439. Legis- 
lative Records 
of the Council, 
xvii. (4), 158. 
House Jour- 
nal, p. 94. 



A Petition of John Wolcot Esq"" Adminisf of the Estate of Peter 
Papillon dec'^ Shewing that in an Action of Eeview between the Peti- 
tioner and John Pecker and others Executors of the Testament of 
James Pecker dec'' brought to the last Superior Court for the Qounty 
of Suffolk, Judgment was pass'd against the Petitioner very suddenly 
and by surprize, he being on the road coming to Court, and his books, 
which would have been a good evidence for him, not being produced 
in Court; therefore Praying for an other Trial at the next Superior 
Court. 

[Read &] 

Ordered that the Consideration of this Pet" be refer'd to the first 
Wednesday in the next Session of this Court, & that Execution be 
stayed in the mean time. ^Passed September 16. 



CHAPTER 118. 



ORDER IMPOWERING W^' THOMAS, INDIAN, TO SELL LAND. 



Legislative 
Records of the 
Council, 
xvii. (4), 159. 
Mass. 
Archives, 
xxxi., 460. 

Mass. 
Archives, 
xxxi., 459. 
Legislative 
Records of the 
Council, xvii., 
Mis., 533. 
House Jour- 
nal, p. 55. 



A Petition of William Thomas of Natick, Indian, Shewing that 
by reason of long sickness he is run much into debt, which he is not 
able to discliarge without selling some of his land; therefore pray- 
ing for liberty from this Court to sell Ten Acres of land in Natick 
Commons, for the purpose aforesaid. 

Read and 

Ordered that the Pef have liberty with the Assistance and Advice 
of Maj'' Richards to Sell the ten Acres of land herein mentioned the 
produce thereof to be applyed to the purposes herein mentioned He 
to be accountable to this Court for his proceedings herein. \^Passed 
September 16. 



CHAPTER 119. 



ORDER IMPOWERING JN" WRIGHT TO FILE A COMPLAINT. 



Legislative 
Records of the 
Council, 
xvii. (4), 159. 



A Petition of John Wright of Andover in the County of Essex, 
shewing that having recovered Judgment at the Inferior Court of 
Common Pleas for the said County held in December last, against 



[1st Sess.] Province Laavs (^Resolves, etc.). — 1743-44. 287 

Nathaniel Plummer of Haverhill; the said Plumnier appealed to House Jour- 
the next Superior Court, but failed to prosecute his Appeal, and °^^' ^' '^^' 
the Petitioners Attorney neglected to file his complaint ; therefore 
praying that the Petitioner may be allowed to file his complaint 
against the said Plummer at the next Superior Court, for recover- 
ing additional Costs. 

Eead and 

Ordered that the prayer of the Petition be granted, and the Peti- 
tioner is hereby allowed and impowered to file his Complaint at the 
next Superior Court to be held for the County of Essex, the Peti- 
tioner notifying the adverse party Nathaniel Plummer with a Copy 
of this Petition and Order, fourteen days at least before the sitting 
of said Court. \^Passed September 16. 



CHAPTER 120. S^r»the 

Council, 
xvii. (4), 161. 
ORDER OF NOTICE ON THE PETITION OF SAM'- WITT &'^ TO BE MADE Mass. 

A SEPARATE PRECINCT. Archives, xii., 



On the Petition of Samuel Witt and others of Marlboro, Archives, xii., 

Ordered that this Petition be refer'd to the first Tuesday of the |i(f-,j.na°i!pp.34, 
next Sitting of this Court for further Consideration, & that the 94fo«:s. Ante, 
Committee then make Report. [^Passed September 16. ^' ■ ^ ^P" 



CHAPTER 121. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
GERRISH & BARREL FOR LEAVE TO BRING A WRIT OF APPEAL. 

A Petition of Joseph Gerrish and John Barrell of Boston, mer- Legislative 
chants; shewing that at the Inferior Court of Common Pleas held coundf,"^*^^ 
at Plymouth in March last, in an action commenced against them j^ii. (4), lei. 
by Henchman Sylvester and others, Judgement was given for the Archives, 

Plaintiffs; from which the Petitioners appealed to the Superior ^^iv., '223. 

Court, but by the unexpected detention of their Attorney (on Archives 
whom they relied to maintain their Action) in a neighbouring ixiv.,222,'226. 
Government, the said Appeal was not prosecuted, and upon com- joumai.p. 87. 
plaint of the Appellees, the Judgment of the Inferior Court was 
affirmed with additional costs; therefore Praying that they may be 
enabled by this Court to bring forward their Appeal at the next 
Superior Court for said County and that Execution be stayed in 
the mean time. 

Read and 

Ordered that the Pef^ serve tlie Adverse Parties within named 
or their Attorney with a copy of this Pet" 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 the Execution 
within mentioned is stayd in the mean time. \_Passed September 16. 



288 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 122, 123.] 



Legislative 
Eecords of tlie 
Council, 
xvii. (4), 160. 
Mass. 

Archives, cv., 
260. 

House Jour- 
nal, p. 95. 



CHAPTER 122. 

ORDER ON THE PETITION OF JER. JONES TO ENTER THE ALMSHOUSE. 

A Petition of Jeremiah Jones, shewing that he would return 
to Great Britain his native country, but thro sickness and weak- 
ness of body, he is utterly unable to support himself ; and therefore 
praying that he may be supported at the Province charge, till he be 
well enough to return to England. 

Read and 

Ordered that the Pef be allowed to go into the Alms House or 
Work house in Boston there to be Employed in such Work as He 
is capable of performing, and Supported at the publick Charge 
untill He is able to return to his Friends in England and then 
to be transported at the charge of the Province. \_Passed SejJ- 
f ember 11.^ 



CHAPTER 123. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
WILLM BROWN FOR A NEW TRIAL OF A CAUSE. 

Legislative A PETITION of William Brown, shewing that Joseph Jervis of 

Councif, London at the Inferior Court of Common Pleas held at Boston in 

xvii. (4), 161. July last prosecu.ted an action against the Petitioner by his Attor- 
Archives xiii ^^^J Mary Jacksou, and recovered a ballance of £29. 3. 6 sterling 
350-357. House agaiust him on his Accompt ; that tlie Petitioner, being a stranger, 
^ourna ,pp.93, ^^^ ^^^ apprized of the advantage he had by law, to file his Accompt 
against the said Jervis's, by which he could have proved that the 
biggest part of the sum recovered had been already paid; & there- 
fore praying that he may be enabled by this Court to serve his Writ 
of Summons oil the said Mary Jackson for the sum of money due 
to him from the said Jervis, which he is not credited for in the said 
Jervis's Accompt, and to order that such service be effectual for 
bringing on the said suit, and that Execution against the Petitioner 
be stayed till the issue of such Action. 
Read and 

Ordered that the Petitioner serve the Attorney of the adverse 
party, Mary Jackson, with a copy of this Petition that she shew 
cause if any she hath, on the first Tuesday of the next Sitting of 
this Court why the prayer thereof should not be granted, & Exe- 
cution mentioned is stayed in the mean time; Provided the Peti- 
tioner give sufficient security to the Sheriff of the County of Suffolk 
to pay such sum as may be finally recovered of him on the suit afore 
mentioned, with lawful Interest from tliis time. \Pas8ed Sept&m- 
ler 17.' 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of tlie Council the date is September 16. 



[1st Sess.] Province Laws {Resolves^ etc.). — 1743-44. 289 



CHAPTER 124. 

ORDER REFERRING PETITIONS &« TO THE NEXT SESSION. Legislative 

Records of the 
Council, 

Order'' dihoX such Petitions & other matters as were to have been xvii. (4),i64. 
heard or had Day in the present Session of this Court, & have not Archives, 

been pass'd on or Consider'd be continued unto & proceeded on at ^''^•' ^'^^' 

the next Sitting of this Court, & that then they have the like Day Ho|>^e Jour- 
or Days as were assign'd them in this Session. \^Passed September 17. 



CHAPTER 125. KKfthe 

Council, 

VOTE DIRECTING REMITTANCE OF £100 TO ELIAKIM PALMER, Mass.^*^' ^"^^^ 

Archives, XX., 

Voted that the Treasurer be directed to remit to Eliakim Palmer 

Esqr by bills of Exch*' or otherwise as soon as may be One hundred Records of the 
pounds sterling by him to be apply'd agreeable to such Instructions Mis.^Ms/''^"'' 
as he may receive from the Council & House of Representatives He House Jour- 
to be accountable. \^Passed September 17. ' ^' 



CHAPTER 126. S^the 

Council, xvii.. 

Mi s 5S4 

VOTE ALLOWING £135 TO THE OVERSEERS OF THE TRUCKHOUSE AT """'"'*• 



ST GEORGES RIVER. fe*'^'^'?"^? ., 

Records of the 
Council, 

Voted that One hundred and thirty five pounds be allowed out nou'se^ibur'^' 
of the publick treasury to the overseers of the work at the truck- nai, p. 97. 
house at S* Georges river to effect the repairs there. [Passed Sep- ch^p'.se. ' 
t ember 17. 



CHAPTER 12 7. ^r^o^the 

Council, 

VOTE ALLOWING £100 FOR REPAIRS AT Y^ LIGHTHOUSE. Mass!*^' ^^' 

Archives, 
Ixiv., •2-il. 

Voted that the Sum of One hundred pound, be granted & allowd - — 7—-. ■ 

to be paid out of the publick Treasury to the Committee appointed Records of the 
for repairs at the Light House towards Meeting the s*^ repairs orderd Mis-^ssi.'"^^" ' 
by this Court. [Passed September 17.'- uai^'^f ti^"^' 

Ante, p. 140, 
chap. 29. 



CHAPTER 128. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE NEWTON 
PET^ IN REGARD TO REPAIRS OF BRIDGES. 

The Committee to whom was refer'd the Petition of William Legislative 
Trowbridge &'' have heard the parties & the Evidences ; but f oras- councff °* *^^ 

xvii. (4), 166. 

• This date is according to Mass. Archives and Legislative Records of the Council, 

xvii. (i) ; according to Legislative Records of the Council, xvii.. Mis., the date is Novem- 
ber 17. 



290 



Province IjX\y8 {Resolves, etc.) . — 1743-44. [Chaps. 129, 130.] 



House Jour- 
nal, p. 96. 
Province 
Laws, iii., 1'37, 
cliap. 21. 
Ante, p. 257, 
chap. 47. 



much as the town of Newton have had a trial by a Jury, we are 
of the Opinion that the Petition be dismiss'd; altho at tlie same 
time we are sensible that said Town is likely to suffer great charge 
by reason of private persons erecting sundry Bridges over Charles 
Eiver ; Therefore we humbly offer that the Petitioners have liberty 
to bring in a Bill to prevent unnecessary charges accruing to par- 
ticular Towns by reason of private Bridges. All which is humbly 
submitted 

^ Sam'- Watts, per Order. 

Eead and 

Ordered that this Report be accepted. \^Passed Sejitember 17. 



CHAPTER 129. 



VOTE ABOUT ¥>= REPRESENTATIVES PAY. 



Legislative 
Records of the 
Council, 
xvii. (4), 166. 
Mass. 
Archives, 
xlix., 177. 



Voted that the Treasurer be directed to pay the List of the Mem- 
bers of the House of Representatives this present Session out of the 
general appropriation for Grants the severel Towns to be assess'd as 
usual & such Sums as shall be taken from said appropriation to be 
replac'd there in the next Supply bill.' \^Passed September 17. 



CHAPTER 130. 



ORDER ON THE PETITION OF IS^ DALTON & OTHERS TO BE SET OFF 
TO THE OLD PARISH IN HAVERHILL. 



Legislative 
Records of the 
Council, 
xvii. (4), 167; 
ibid., xvii., 
Mis., 534. 

House Jour- 
nal, p. 94. 
Ante, p. 274, 
Chap. 89. 



A Petition of Isaac Dalton, Samuel Ayer, Thomas Johnson, 
John Green, and Daniel Johnson, Inhabitants of the Northerly 
part of the Old Parish in Haverhill, setting forth their inconven- 
ient situation by reason of distance and badness of the way for 
the new parish in said Town ; and therefore praying that they may 
remain and be continued at the old Precinct. 

Read and in answer thereto. 

Ordered that the within named Isaac Dalton and John Green 
within mentioned, with their estates, be set of to the old or first 
parish in Haverhill, there to do duty and receive priviledges accord- 
ingly. [Passed Sejitember 17. 

1 Not found in the House JournaL 



[2d Sess.] Province Laws {Itesolves, etc.). — 1743-44. 291 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON THE Eighth day of February, A.D. 1743. 



CHAPTER 131. 

VOTE ALLOWING £12. 10 TO TERRAGIE, AN INDIAN, & HIS FAMILY 
AND A FURTHER SUM £7. 10 ANNUALLY. 

Voted that the Sum of twelve pounds ten shillings be allowed to Legislative 
be jDaid out of the publick Treasury to Tarragie (An Indian of the councif''* ^"^"^ 
Cagnawaga Tribe who hath marryed an English Woman) His Wife xvii. (4)', I'S. 
and. Children now in ToAvn as a Present. Archives, 

And that the further Sum of Seven pounds ten shillings' of the xxxi., 466. 
Bills aforesaid be allowed Annually to the said Tarragie and Wife ^ai^^^ioa"^' 
during their natural Lives, provided they with their Children come 
& Settle and constantly reside Among the English Inhab'* within 
this Province And behave themselves peaceably and as dutiful Sub- 
jects to His Majesty. [Passed October 22. 



CHAPTER 132. 

ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
JOS. EATON TO SET ASIDE A JUDGMENT. 

A Petition of Joseph Eaton of Lyn, shewing that he was sued R^^'^ds^'^f the 
by Thomas Boucher of Boston at the Inferior Court of Common council, 
Pleas for the County of Suffolk in an Action of the case, that they xvn. (4),i75. — 
refer'd their matters in difference to a Rule of Court, the Report Archives xiii. 
Avhereon was first in the Petitioners favour, but afterwards by some 358-361. kouse 
unjustifiable managements turned against him, and Judgment of °^° '^'" 
Court made up accordingly; and therefore, praying that the last 
Report of the Referrees may be set aside, and also the Judgment 
of the Court and the Execution thereon, and that the matter may 
be submitted again to the same Referrees that so justice may be 
done. 

Read and 

Ordered that the Petitioner serve the adverse party, the said 
Thomas Boucher, with a Copy of this Petition, that he shew cause 
if any he hath, on the first Fryday of the next Sitting of this Court, 
why the prayer thereof should not be granted ; and the Execution 
herein mentioned is stayed in the mean time : Provided the Peti- 
tioner give sufficient security to the Sheriff of the County of Essex 
to pay such sum as may be finally recovered of him at the suit afore 
mentioned, with lawfull Interest from this time. [Passed October 24. 



292 



Province Laws (i?eso?ve6% ete.). — 1743-44. [Chaps. 133-135.] 



CHAPTER 133. 



ORDER IMPOWERING FARNSWORTH AND GIBSON, ADMINISTRATORS, TO 
SELL REAL ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (4), 176. 

House Jour- 
nal, p. 103. 



A Petition of Daniel Farnsworth and Timothy Gibson, Admin- 
ist" of the Estate of Joseph Farnsworth late of Groton dec** pi'^y- 
ing for liberty to sell the real Estate of the said Farnsworth, to 
reimburse them a considerable sum of money which they have ad- 
vanced out of their own estates for the maintenance of his aged 
Mother for many years, whom he was obliged, by Bond given in 
his life time, to support during her natural life, and also for the 
support of the deceaseds family. 

Eead and 

Ordered that the prayer of the Petition be granted and that the 
Petitioners be allowed and impowered in their capacity to make 
sale of the estate therein mentioned for the most it will fetch, and 
to pass a good Deed or Deeds of the same, they giving proper cau- 
tion to the Judge of Probate for the County of Middlesex that the 
Produce thereof shall be applied to the purjDOses mentioned in the 
Petition. \_Pas8ed October 24. 



CHAPTER 134. 



ORDER ACCEPTING THE SUFFOLK COUNTY TREAS«» ACC^. 



Legislative 
Records of the 
Couuci), 
xvii. (4), 179. 

House Jour- 
nal, p. 105. 



An Accompt presented by Samuel Adams Esq'' Treasurer of the 
County of Suffolk for the year 1742, having been by him laid before 
the Court of General Sessions of the Peace for the said County & 
by them allowed, 

Eead and 

Ordered that this Accompt be allowed, the Ballance thereof being 
Eighty six pounds fifteen shillings and five pence one farthing, the 
said Treasurer is accountable to said County for. \^Passed October 27. 



CHAPTER 135. 



Legislative 
Records of the 
Council, 
xvii. (4), 180. 

House Jour- 
nal, p. 109. 
Province 
Laws, xi., 233, 
chap. 36. 
Ante, p. 226, 
chap. 235. 



ORDER ADDING JOSEPH 



BUCKMINSTER JUN" ESQ^ TO 
MISCO TRUSTEES. 



THE HASSANI- 



Voted that Joseph Buckminster Jun'' Esq'' be added to Edward 
Goddard and Ephraim Curtis Esq''^ already appointed Trustees to 
manage the affairs of the Indians at Hassanimisco alias Grafton. 
[Passed October 27. 



[2d Sess.] Province Laws (liesolues, etc.). — 1743-44. 293 



CHAPTER 136. 

ORDER APPOINTING A COMMITTEE ON THE MARLBOROUGH AFFAIR. 

On the Petition of Samuel Wit and others of Marlboro, [ante, Legislative 
p. 246, chap. IS] eoTnclr**'' 

In Council Eead & Mass^*^''^^''" 

Ordered that Joseph Wilder Esq"" with such as shall be Joined by Arciiives, xii., 

the hon^'" House be a Com"*® to rej)air to the Town of Marlborough, — 

view their Situation & Circumstances, hear the Parties first giving ^rciilves xii 
them timely Notice & report what may be proper for this Court to 3i5. Leg'isia-' 
do thereon; The Charge to be born as this Court shall order oHhe^'councii, 

In the House of Eep-^ ^^k>^: 

Eead and Concur'd and Col Buckminster and MaJ Jones are nai,pp.y4, 109. 
Joyned in the affair. [Passed October 27. chap. is. ' 



CHAPTER 137. 

ORDER OF NOTICE ON THE PETITION OF HENRY MORSE & OTHERS TO 
BE ANNEXED TO THE TOWN OF HOLLISTON. 

A Petition of Henry Morse & divers others Inhabitants of the Legislative 
Town of Medway, setting forth the great inconvenience of their councif °* ^'^^ 
situation for attending the publick Worship of God and other xvii. (4)', isi. 
duties, and for enjoying any Privileges in said Town, and their House Jour- 
more convenient situation with respect to tlie [town of] Holliston; ^^^« p- i*^*^- 
& praying that they with their Estates may [be] set off to Holliston. 

Eead and 

Ordered that the Petitioners serve the Town of Medway with a 
copy 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. [Passed October 27. 



CHAPTER 138. 

ORDER APPOINTING A COMMITTEE ON THE PETITION OF STOUGHTON 
WILLIS TO EXECUTE DEEDS. 

A Petition of Stoughton Willis, Adminisf of the Estate of Legislative 
Ebenezer AVillis late of Bridgewater dec^ Shewing that the said councif,** 
Ebenezer did in his life time sell and convey by Deed to William Ma'ss^*^'^"^^' 
Gilmore of Bridgwater aforesaid, two acres and thirty one rods of Archives, 

land in said Town, and also sold and conveyed by another Deed ^tl!}l:i — : . 

unto Eobert Gilmore son to the said William eight acres and an Archives, 
half and ten rods of land adjoining to the first parcel; that in the x'*'i"->i8i- 
month of December last the Dwelling House of the said William 
was burnt down, and therein the two Deeds before mentioned, were 
consumed, having never been recorded; and therefore praying that 
he may be impowered to give Deeds of the said land to the said 
William and Eobert Gilmore, as he is Adminisf as aforesaid. 



294 



Province l^A\\B(^Resolves^etc.). — 1743-44. [Chaps. 139, 140.] 



In the House of Rep"®^ 

Eead and 

Ordered that Col Leonard and Cap* Edson with such as the Hon^'® 
Board shall appoint be a Comm'^'^ to consider this Pet'' and report 
what they Judge proper for this Court to do thereon 

In Council Read & Concur'd And Isaac Little Esq'' is joined in 
the Affair.' \^Passed October 27. 



CHAPTEE 139. 



Legislative 
Records of tlie 
Council, 
xvii. (4), 184. 

House Jour- 
nal, pp. Ill, 112. 
Ante, p. 272, 
chap. 84. 



ORDER SETTING ASIDE THE PROCEEDINGS ON THE PETITION OF 
BENJ WARE & OTHERS. 

On the Petition of Benjamin Ware and others [^ante, p. 272, 
chap. 84] 

Read again, and forasmuch as it appears to this Court that the 
Proceedings of the Court of General Sessions of the Peace for the 
County of Suffolk in the cause within mentioned were not accord- 
ing to Law : 

Ordered, that the prayer of the Petition be so far granted as that 
the whole Proceedings in the said Cause be and hereby are set aside 
and declared to be null and void, \_Passed October 28. 



CHAPTEK 140 



Legislative 
Kecords of the 
Council, 
xvii. (4), 184. 

House Jour- 
nal, pp. 102, 111. 



VOTE DIRECTING THE SALE OF LANDS ON THE PETITION OF THE 
CHURCHES IN SWANZEY & BARRINGTON AND APPOINTING A COM- 
MITTEE THEREON. 

A Petition of the Agents for the Churches in Swanzey and Bar- 
rington, shewing that the original Proprietors of the said Towns set 
apart several parcels of land towards the support of the Gospel Min- 
istry in said Town of Swanzey (which then included Barrington) that 
the said lands have been ever since and still are altogether unprofit- 
able for that end ; and therefore praying that the said Churches may 
be impowered by this Court to sell the said Lands, the produce thereof 
to be employed for the support of the Ministry in said Towns. 

Read and 

Voted that the Lands herein mentioned (or so much of them as 
may be thought proper) be sold, and the produce thereof laid out 
in some more convenient and profitable lands, to be applied to the 
use & benefit of said Churches, according to their respective inter- 
ests therein for ever; And that M"" Jonathan Kingsley one of the 
Agents of the said Church in Swanzey, and M'' Ebenezer Allen, 
one of the Agents for the Church in Barrington (with the advice 
of the Hon^i*^ Nathaniel Hubbard Esq'' and M' Daniel Barney) be 
enabled & empowered to sell any Part or Parcel thereof, and to 
give a good and sufficient Deed or Deeds of the same to the Pur- 
chaser or Purchasers accordingly. {Passed October 28. 

1 Not found in the House Journal. 



[2d Sess.] Province Laws {Resolves^ etc). — 1743-44. 295 



CHAPTER 141. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON THE PETI- 
TION OF THE NORTHERLY INHABITANTS OF SUTTON TO BE ERECTED 
INTO A SEPARATE PRECINCT. 

The Committee appointed by this Court to repair to the Town Legislative 
of Sutton on the Petition of Solomon Holman and Jeremiah Buck- counc'if ''^ '^'^^ 
nam, did attend said service in February 1742, having first given xvii. (4)', iss. 
seasonable notice to said Town, and having viewed the parts thereof Legislative 
and heard the parties and considered their circumstances, are of coum-if, °^ "'^ 
Opinion that the Petition be granted, and that a Line be drawn 549"' ^j^'^'^*' 
from the Westerly bounds of the Town of Grafton parallel with Journai.pp.Gi, 
the North Line of the Town of Sutton and three miles South from inVDecember, 
it, till it meets with the Easterly bounds of the Town of Oxford; ^"*J^; P-^igH- 
and that the Inhabitants of Sutton living to the Northward of said chap'. 169. ' 
Line with their Families and Estates be set off a separate and dis- 
tinct Precinct, with the same Powers and Privileges as other Parishes 
and Precincts within this Province by law hold and enjoy. All 

which is humbly submitted 

By order of the Committee Joseph Wilder. 

Read and 

Ordered that the Inhabitants and their Estates within the Lines 
mentioned in the foregoing Report (except only such qualified Voters 
(with their Estates) as shall within one year from this time signify 
to this Court their desire to continue to the First Parish in Sutton) 
be set off a separate and distinct Precinct, & that they enjoy the 
Powers and Privileges which Precincts ought by Law to enjoy. 
{Parsed October 28. 



CHAPTER 142. 

ORDER OF NOTICE ON THE PETITION OF THO. SMITH & OTHERS OF 
TRURO FOR THE PRESERVATION OF MEADOW LANDS. 

A Petition of Thomas Smith and others Agents for the Pro- Legislative 
prietors of the Eastern Harbour Meadows in Truro, setting forth councif *^* *^* 
the great benefit they have received from the Act of this Court for xvii. (4)', i87. 
the Preservation of the said Meadows ; and for as much as the said House Jour- 
Act is near expiring, therefore praying that it may be re-enacted. provmJe^' 

Read and ^haT'ie''^^^' 

Ordered that the Petitioners serve the Proprietors of three eighths 
of the Lands within mentioned, with a copy of this 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 November 1. 



CHAPTER 143. 

VOTE APPOINTING A COMMITTEE FOR ENLARGING THE CLERKS OFFICE 
IN THE COURT HOUSE. 

In the House of Repves. Legislative 

It being represented to the House that the Office of the Clerks couneif, °* ^'^^ 
of the Inferior Court & Register of Deeds &c. for the County of M^'g^^'*^'^^^' 



296 



Province Laavs (^Resolves, etc.). — 1743-44. [Chaps. 144, 145.] 



Archives, xlii. 
405. 

House Jour- 
nal, p. 115. 



Suffolk is too small to contain the records of said County & accom- 
modate the Clerks & Eegister therefore 

Voted that M"- Hutchinson M"" Oliver & M"" Prout be directed to 
cause the said Office to be enlarg'd so as to take in one Window 
more on the North side of the Courthouse & cause a Chimney for 
burning Sea Coal to be made in said Office the charge to be born 
by the County 

In Council Eead & Concur'd & Jn'^ Jeffries Esq"" is added to the 
Committee. 

In the House of Eep"*"^ 

Eead and Concur'd. {^Passed November 2. 



CHAPTEK 144. 



ORDER GRANTING 100 ACRES OF LAND TO MOSES BANKS. 



Legislative 
Records of the 
Council, 
xvii. (4), 189. 

House Jour- 
nal, pp. 102, 113. 



A Petition of Moses Banks of York, Setting forth his Services 
and sufferings in the late wars with the Indians, and praying that 
this Court would make him a Grant of Province land in considera- 
tion thereof. 

Eead, & in answer hereto : 

Ordered that the Petitioner be allowed One Hundred Acres of the 
unappropriated Lands of the Province within the County of York 
adjoining to some Township or former Grant, he returning a Plan 
thereof to this Court (taken by a Survey"" and Chain men on Oath) 
within twelve months, for confirmation. \^Passed November 2. 



CHAPTER 145. 



Legislative 
Records of the 
Council, 
xvii. (4), 190. 
Mass. 

Archives, xlii., 
201. 

Mass. 

Archives, xlii., 
198. House 
Journal, 
pp. 114, 115. 
Ante, p. 199, 
chap. 164; 
p. 253, chap. 35. 



ORDER IMPOWERING ROB^ MORTON TO RE-ENTER AN ACTION. 

On THE PETITION of Eobert Morton '[ante^ p. 199, chap. 165] 
Eead together with the Answers of Thomas Bodkin, & 
Ordered that the Prayer of the Pet° be so far granted as that 
the Pef have Liberty to reenter the Action within mentioned at 
the Inf Court of Common Pleas for the County of Essex on the 
last Tuesday of Decem'' next, & the Justices of the s*^ Court are 
hereby impowered & directed to hear & try the same, & award 
Excon thereon accordingly; Provided the Pet"^ give Bond to the 
Sheriff of the s*^ County to pay such Sum as may be finally recov- 
ered of him on the Suit within mentioned with lawfull Interest 
therefor from the time of staying Execution; Provided also that 
the Pet^ serve said Bodkin with a Copy of this Order fourteen days 
at least before the Sitting of said Court. \^Passed November <?.' 

» This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (4) , the date is November 2. 



[2d Sess,] Province Laws {Resolves, etc.). — 1743-44. 297 

CHAPTER 146. 

ORDER FOR A HEARING ON THE PETITION OF COLL. BUCKMINSTER. 

Upon a motion made at the desire of Joseph Buckminster Jun' ^^s'^'^ti^p,, 

-r, , ■■■ Records of the 

JliSq"^ Council, 

Ordered that a hearing be had before the whole Court on the ^^"' ^^^' ^^^' 
petition of Joseph Buckminster Esq', now depending, upon the Archives, cxv. 
first Wednesday of the next Sitting of the Court, at Ten a clock 113-124. House 
in the Fore Noon, and that the Respondent be seasonably notified J^"e°p.*277, 
thereof. [Passed November S. chap. 94. 



CHAPTER 147. 

ORDER OF NOTICE ON THE PETITION OF THE TOWN OF WESTERN TO 
LEVY A TAX ON LAND. 

A Petition of the Select Men of the Town of Western, shewing Legislative 
that a great part of the lands in said Town are owned by Non Resi- councif, °* "^^ 
dent Proprietors, who will neither settle nor sell their lands; and xvii. (4),i9i. 
forasmuch as the Value of them is raised by the settlement of a House Jour- 
Minister, among them; therefore praying that they may be impow- ' 
ered to lay a tax on the said Lands for the settlement and support 
of the Ministry in said Town. 

[Read and] 

Ordered that the Petitioners notify the Non Resident Proprietors 
by printing the substance of the within petition in the Boston Gazet 
three weeks successively, 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 November 3. 



CHAPTER 148. 

VOTE DIRECTING THE KEEPER OF THE POWDER HOUSE NOT TO Legislative 

DELIVER GUN POWDER EXCEPT ON THE ORDER OF THE COURT. Records of the 

Council, 
xvii. (4), 192. 

Voted that the Keeper of the Powder House be directed not to Archives 
deliver any part of the Seventy five Casks of powder lodged there ixxii., 654. 
for Sale till the further Order of this Court. [Passed November S, House Jour- 

'- nal, p. 117. 



CHAPTER 149. ^|&"o7the 

Council, xvii., 

VOTE DIRECTING THE SECRETARY TO MAKE DUPLICATE RECORDS OF Mass.^^" 
THE PROCEEDINGS OF THIS COURT. Archives, 

Ixxxviii., 400. 



Ordered that M'' Secretary Willard be and hereby is Impowered Archives 
and Directed to make out a Duplicate of the records of this Court ixxxviii.,' 399. 
up to the End of this Session, to be lodged with the other Dujili- Records 'of the 
cates. [Passed November 4. xvihw, 193. 

House .Jour- 
nal, p. 119. 



298 



Province Laws {Resolves, etc.). — 1743-44:. [Chaps. 150-152.] 



CHAPTEE 150. 



Legislative 
Records of the 
Council, xvii., 
Mis., 541. 
Mass. 
Archives, 
Ixxii., 655. 

Legislative 
Records of the 
Council, 
xvii. (4), 194. 
Supra, chap. 
148. 



VOTE AUTHORIZING THE DELIVERY OF ONE BARRELL OF POWDER 
TO THE MANAGER OF THE IRONWORKS. 

Voted That the Keeper of the powder House be allowd to deliver 
one bbl of powder to the Managers of the Iron Works at Attlebor- 
ough to enable them to go on with casting great Guns the late order 
of Court restraining the said Keeper notwithstanding.' \^Passed 
November 5.'^ 



CHAPTER 151 



VOTE FOR ENLARGING Y" SECRETARYS OFFICE AND APPOINTING A 
COMMITTEE THEREON. 



Legislative 
Records of the 
Council, 
xvii. (4), 195. 
Mass. 
Archives, 
xlix., 181. 

House .Jour- 
nal, p. 119. 



In the House of Rep''®^ 

It being represented to this Court that the Secretary's Office is 
too small to contain the records of the Province therefore 

Voted that M"" Hutchinson M"" Oliver and M' Prout be directed 
to cause the said Office to be enlarged, so as to take in one Window 
more on the North Side of the Court House; the charge to be de- 
freyed by the Province. 

In Council; Read & Concur'd & John Jeffries Esq' is joined in 
the affair. 

In the House of Rep"^^ 

Read and Concur'd. \^Passed November 5. 



CHAPTER 152 



ORDER IMPOWERING TIM" METCALF, AS GUARDIAN, TO SELL AN 

ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (4), 195. 
Mass. 
Archives, 
xviii., 185. 

Mass. 
Archives, 
xviii., 184-186. 
Legislative 
Records of the 
Council, xvii., 
Mis., 54-2. 
House .Jour- 
nal, pp. 118,119. 
Province 
Laws.ii., 151, 
chap. 10. 



A Petition of Timothy Metcalf, Guardian of Joseph Fisher of 
Wrentham in the County of Suffolk, a Minor, shewing that he has 
an eighth part of the real Estate of his Grandfather Cornelius Fisher 
late of Wrentham aforesaid Dec*^ which consists of several small par- 
cels of land which are at present of little advantage to the Heirs ; 
and therefore Praying that the Petitioner, as Guardian to the said 
Joseph, may be impowered to join with the other Heirs to sell the 
said Real Estate. 

Read and 

Ordered that the prayer of the Pet" be granted and that the Pef 
be allowed and Impowered to Sell the Estate within mentioned for 
the most it will fetch ; He giving publick Notice of said Sale as is 
by Law required of Exec" and Adm" and also give sufficient Caution 
to the Judge of Probate for the County of Suffolk that the produce 
of such Sale with the Interest thereon be rendred to the said Minor 
at His arriving at Age. \^Passed November 5. 

> Not found in the House Journal. 

2 This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (4) , the date is November 4. 



[2d Sess.] Province Laws {Resolves^ etc.). — 1743-44. 299 



CHAPTER 153. 

ORDER REFERRING THE PETITION OF DIVERS INHAfis OF LEICESTER Legislative 

& RUTLAND. Councu'*'^*^® 

xvii. (4)', 196. 

On the Petition of John How, Jonathan Witt & others Inhabi- Archives, xii., 
tants of Eutland and Leicester, [aiite, p. 281, chap. 105] 357. 

Eead & Kives xii 

Ordered that the further Consideration of this Pet" be refer'd to 353-357.*^^Hou8e 
the next Sitting of this Court, & it is recommended to the Towns pp^[o9! 'iio, 120. 
of Rutland & Leicester to afford the Pet" such Releif as shall be Ante, p. 2si, ' ' 
reasonable. [^Passed November 5. ^ '^^' 



CHAPTER 154. 

ORDER OF NOTICE ON THE PETITION OF BRIDGEWATER & MIDDLEBORO LegislaHve 
INHABITANTS TO BE ERECTED INTO A SEPARATE PRECINCT. CouncU," 

xvii. (4)', 196. 

On the Petition of divers Inhabitants of Bridgewater and Arciiives, cxv., 
Middleboro, ^2^ 

Read & ... Archives cxv. 

Ordered that the Pef' serve the South Parish in Bridgewater & 125-137. House 
the East Parish in Middleborough with Copies of this^et" that i2°o™'/<l'^" ''^^• 
they shew Cause if any they have on the first Tuesday of the next P-ip'<"|j-'*'p-5i; 
Sitting of this Court why the Prayer thereof sh*^ not be granted. 246."'*'^*'^' 
\Passed November 5. 



CHAPTER 155. 

ORDER OF NOTICE ON THE PETITION OF SAM'- BLOOD FOR A NEW 
TRIAL OF A CAUSE. 

A Petition of Samuel Blood, of Concord, complaining of the Legislative 
Proceedings against him at the Superior Court for the County of councn! °* '^'^^ 
Middlesex, upon an Action brought against him at that Court in xvii. (4),i98. 
January 1740. by Enoch Hunt as Attorney to Daniel Gookin Esq' Archives, xiii., 

upon his bonds to be a true prisoner in Worcester Goal, where he ^— , 

had the liberty of the Yard ; And for as much as the Action was Archives xiii., 
tried without the Prisoners knowledge, praying that he may be .S78-4oo house 
admitted to another trial, and that he may have an other Trial *^"^°''^'P' 
of the said cause at the next Superior Court for the County of 
Middlesex, and that all the costs he has paid may be returned to 
him. 

Read and 

Ordered that the Pet' serve Enoch Hunt with a copy of this Pet° 
that He shew cause if any He hath on the first fryday of the next 
sitting of this Court why the Prayer thereof should not be granted. 
\^Passed November 7. 



300 



Province Laws {Resolves, etc.) . — 1743-44. [Chaps. 156, 157,] 



CHAPTER 156. 



ORDER ACCEPTING THE REPORT ON THE PETITION OF THE CHEBAQUI- 
DOCK INDIANS AND APPOINTING A COMMITTEE THEREON. 



Legislative 
Records of the 
Council, 
xvii. (4),188, 
198. 

House Jour- 
nal, pp. 114, 124. 



A Petition of divers Indians, Proprietors of the Island of Cheb- 
aqiieduck in Dukes County, complaining of great injuries from the 
English Inhabitants of Marthas Vineyard, in feeding their cattle on 
the Indians Lands, cutting their grass, fire wood k'' & praying for 
redress from this Court. 

The Committee to whom was refer'd the Consideration of the 
Petition of a number of Indians, Inhabitants of the Island of 
Chebaquedock in Edgar Town in Dukes County, have considered 
the same, and humbly Report thereon as followeth, viz* that the 
Petition be so far granted that some meet person or persons be 
appointed at the place to inquire into the matters complained of 
in the Petition, and to take Affidavits of such as can give evidence 
therein (giving seasonable notice to the adverse parties to be pres- 
ent at the caption, if they see meet) and that they make return to 
this Court of their doings herein at their next Session; and that 
the further consideration of the Petition be refer'd to that time. 
Nath'' Hubbard, in the name of the Committee. 

In Council; Eead and 

Ordered that this Report be accepted and Sylvanus Bourn Esq' 
with such as the Hou'''*^ House shall join, be a Committee for the 
jDurposes above mentioned; the charge of the Committee to be born 
as this Court shall order. 

In the House of Represent'''^^; Read and Concur'd, and Cpt. Hal- 
let and M"' Davis are joined in the affair. \_Passed November 8. 



CHAPTER 157. 



ORDER ALLOWING £6 AND A FURTHER SUM OF £4 ANNUALLY TO 

ALEX« MUNROE. 



Legislative 
Records of the 
Council, 
xvii. (4), 199. 
Mass. 
Archives, 
Ixxii., 65-2. 

Mass. 
Archives, 
Ixxil., 651. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 543. 
House .Jour- 
nal, pp. 124, 125. 



A Petition of Alexander Munroe of York ; Shewing that he has 
served most of his life in the wars, and as a Garrison Soldier in 
divers places, and is now much advanced in age and by reason of 
the hardship he endured in those services is in a broken & decrepid 
state and unable to do any thing to support himself praying for 
relief from this Court. 

Read and 

Ordered (in answer to this Pet") that there be allowed to be paid 
out of the publick Treasury to the Select Men of the Town of York 
(or their Order) the Sum of Six pounds to be aj)plyed for Cloathing 
the Pef And that the Sum of four pounds per Annum be 

allowed to be paid out of the Treasury to the Select Men of said 
Town (for the time being) for three Years next ensuing (provided 
the Pet'' lives that Term) for His Support in consideration of his 
Services and Sufferings herein mentioned. \^Passed November 8. 



[2d Sess.] Province Laws (^Resolves, etc.). — 1743-44. 30J. 

CHAPTER 158. 

ORDER ALLOWING £5 TO ROB^ WILSON. 

Ordered, that the sum of Five Pounds be granted and allowed R|fyrd"of the 
to be paid out of the publick Treasury to Kobert Wilson a poor council, 
person, who for several years past has been a Pensioner of this Gov- xvn. (4),2oo. 
ernment, in consideration of his being disabled, by his wounds re- na^i^^p®. m!*^' 
ceived in the service of the Province, from doing any thing towards 
his support; the money to be paid into the hands of M"" Edward 
Bromiield, by him to be laid out for the said Wilson in such man- 
ner as he the said Bromfield shall, think best. \^Passed November 8. 



CHAPTER 159. 

ORDER ALLOWING £1. 5 FOR THREE YEARS TO W^ JEFFRY, INDIAN. 

A Petition of William Jeffry of Harwich, Indian, praying for LegiBiative 
a further allowance from this Court in consideration of his wounds councff/**^^ 
received in the publick service against the Indian enemy, he being xvii. (4)', 2ol 
unable to support himself. Archives, 

Read and in answer hereto ixxii., eso. 

Ordered that the Sum of One pound five shillings ^ Annum for Reford^of^the 
the two last years and the present Year be allowed to be paid out council, xvii., 
of the publick Treasury to Edmund Freeman Esq"" for the more House Jour- 
comfortable Support of the Pet^ [Passed November 8. ffl'p/4y^" 

chap. 124. 



CHAPTER 160. 

ORDER GRANTING TO JON^ DWIGHT A LICENSE AS INNHOLDER. 

A Petition of Jonathan Dwight of Boston, Inn holder, shewing Legislative 
that by reason of his being on a long journey in July last, and the councif °' *''^^ 
Collector of Excise for the County of Suffolk being absent in the xvu. (4)', 201. 
Eastern parts, he was hindered of getting his discharge for his Ex- House Jour- 
cise money, and so missed of taking out a Licence for the present °* • p* 
year; and therefore praying that the Court of General Sessions of 
the Peace for the said County may be impowered to renew the 
Petitioners Licence, upon his producing a discharge for his Excise 
Money : 

Read and 

Ordered that the prayer of the Petition be granted, and that the 
Court of General Sessions of the Peace at their Adjournment be 
allowed (if they see meet) to grant the Petitioner a Licence accord- 
ingly. \_Passed November 8. 



302 



Province Laws {Besolves, etc.). — 1743-44. [Chaps. 161, 162.] 



CHAPTER 161. 



Legislative 
Records of the 
Council, 
xvii. (4),231. 
Mass. 
Archives, 
xxxi., 465. 

Legislative 
Records of the 
Council, xvii., 
Mis., .544. 
House Jour- 
nal, pp. 123, 124. 



ORDER IMPOWERING JOB AHANTON, INDIAN, TO SELL LAND. 

A Petition of Job Ahantoii of Tetticut, Indian, shewing that 
he is about Two Hundred Pounds in debt, which was principally 
occasioned by his charge of supporting an aged Grand Mother for 
many years ; and for as much as he has leased sixty Acres of land 
to Elnathan Shaw of Eaynham, which lease has seventeen years 
still to run; therefore praying that this Court would impower him 
to sell the said Lands for the payment of his debts. 

In Council Eead & 

Ordered that Geo: Leonard Esq'' with such as shall be joined by 
the hoii'^^'^ House be a Com*^'^ to examine into & adjust y*^ Debts of 
the Pef within mentioned, & that the Pef (upon the Adjustm'^ 
thereof) be allowed & impowered to sell the whole of the Estate 
within mentioned, or so much thereof as shall be sufficient to pay 
his just Debts, to such Person or Persons as shall bid most for the 
same, & to return the Overplus if any there be to the Guardians 
of the Tetticutt Indians, by them to be disposed of in such man- 
ner as shall be most for the benefit of the Pef 

In the House of Eep'''^' Eead and Concur'd and Cap* Bradford 
and M"" Clap are Joyned in the affair. {^Passed November 8.^ 



CHAPTER 162. 



Legislative 
Records of the 
Council, 
xvii. (4), 204. 

House Jour- 
nal, pp. 25,93, 
126. Ante, 
p. 241, chap. 7. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE IN REGARD TO 
BRADFORD MEETING HOUSE. 

The Committee who were appointed to repair to the first Parish 
in Bradford, view said Parish, hear the parties, and Eeport to this 
Court what may be proper for the Court to do thereon, have accord- 
ingly repaired to said Parish, viewed the same and heard all parties 
concerned ; and find that the Meeting house stands about one mile 
from the center of said Parish, and notwithstanding in the year 
1740 the Parish voted that the Meeting House should then be re- 
moved to the Center of the Parish, yet (to the great grief, uneasi- 
ness, trouble and charge of the Westerly part of the Parish) the 
afore said Vote hath not in any wise been complied with, but still 
remains very inconvenient to the said Westerly part. AVherefore 
the Committee are of Opinion that within eighteen months from 
the date hereof, the Meeting House in the first Parish in Bradford 
be removed about three quarters of a mile Westward of where it 
now stands, to a Knoll of Land rising on all sides, and is situate 
in the South East corner of M' Eichard Kimballs pasture, formerly 
the land of Benjamin Chaltons, and said Knoll is about thirty three 
poles to the North AVest of the house where Nathaniel Chalton now 
dwells. By Order of the Committee 

Nov"" 9. 1743. Eben'' Burrill. 

Eead and Accepted, and 

Ordered that the Meeting House be removed accordingly. [Passed 
Novemher 9. 

> This date is according to Mass. Archives, the House Journal and Legislative Records 
of the Council, xvii.. Mis. ; according to Legislative Records of the Council, xvii. (4), the 
date is November 12. 



[2d Sess.] Province Laws {Resolves, etc.). — 1743-44. , 303 



CHAPTER 163. 

ORDER ON THE PETITION OF GEO. TALBOT & OTHERS OF STOUQHTON "' 

ERECTING A NEW PRECINCT. 

A Petition of George Talbot, Simon Sterns and Ealph Pope for Legislative 
themselves and a considerable number of others of the first Precinct counc'if, ^* ^'^^ 
in Stoughton, who live at a great distance from the Meeting House xvii. (4),205. 
there, Shewing that the said Parish have voted that the Petitioners Archives, xii., 

with others, and their Estates, be set off as a distinct Precinct by ^— 

the following bounds : viz* All the Inhabitants and Lands on the Archives xii 
Southerly side of the following Line, viz* to begin at a Heap of spo. Legisia-' 
Stones on the Easterly side of Taunton Eoad as laid out and now th^^councii,^ '^ 
improved, twenty six rods Northward of Clifford Belchers dwelling House'^Jour^**' 
house, and from thence with a strait line to the North West Corner nai, p. 125. 
of Wadsworths Farm, and so on the same course to Brantree Line, 
Hezekiah Gay and his estate to remain to the first Parish : praying 
that they may be erected into a separate parish accordingly. 

Eead and 

Ordered that the Prayer of the Petition be granted and that all 
the lands and the Inhabitants with in the lines described herein 
(except Hezekiah Gay and his Estate) with their Estates be and 
hereby are sett off a seperate and distinct Precinct, and are Vested 
with all the Priviledges that other Precincts do or by Law ought 
to Enjoy provided the Inhabitants aforementiond pay their propor- 
tionable part of all Rates and Taxes heretofore assessed or granted. 
\_Passed November 9. 



CHAPTER 164. 

ORDER OF NOTICE ON THE PETITION OF IS^ LITTLE ESQ^ TO BRING 
FORWARD A WRIT OF REVIEW. 

A Memorial of Isaac Little Esq' praying that this Court would R|for|j\"of the 
revive the consideration of a petition prefer'd by him in October Council, 
1741, praying for a new Trial of a cause between the Memorialist ^^"•(*)''^o'^- — 
and Nicholas Sever Esq"" and his Wife, which was refer'd, that so nai"p!'m^ 
the parties might accomodate their differences. ^n^e.p.as, 

-r,^ T 1 ° chap. 192. 

Kead and 

Ordered that the Petitioner serve Nicholas Sever Esq"" and Wife 
with a copy of this 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 November 10. 



CHAPTER 165. 

ORDER OF NOTICE ON LEOMINSTER PETITION FOR LEAVE TO LEVY Legislative 

A TAX ON LAND. Counejf, 

xvii. (4)', 208. 

On THE Petition of the Inhabitants of Leominster, with the Archives, cxv., 
Order of the Court thereon, \_ante, p. 240, chap. 5] Jf^: 

[Read &] Archives cxv 

Ordered that the further consideration of this Petition be refer'd ^*^ ives.cxv., 



304 



Province Laws {Resolves, etc. ) . — 1743-44. [Chaps. 16(3-1()8.] 



147. House to the first Fryday of the next Sitting of this Court, And that the 
Ante, p.'246, ' Petitioners give out their Notifications as above ordered in the mean 
chap. 5. time, It having been hitherto neglected. \^Passed November 10. 



Legislative 

Records of the 

Council, 

xvii.(4),217. 

Mass. 

Archives, 

Ixiv., 237. 

Mass. 
Archives, 
Ixiv., 236. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 546. 
House Jour- 
nal, p. 131. 



CHAPTER 166. 

ORDER ADDING A LIEUTENANT TO THE OFFICERS OF THE PROVINCE 

SNOW. 

A Memorial of Cpt. Edward Tyng Commander of His Majestys 
Snow the Prince of Orange; proposing, as what he apprehends may 
be much for the publick service, that he may be allowed a Lieuten- 
ant and Surgeon «& twelve seamen to be in constant pay, even in the 
Winter Season ; and the Establishment of the Wages of the said Ships 
Company may be made accordingly. 

Eead and in answer 

Ordered that a Lieutenant be added to the Officers in constant 
pay as already established. \^Passcd November 10.^ 



CHAPTER 167. 



Legislative 
Records of the 
Council, 
xvii. (4), 210. 
Mass. 

Archives, xlii., 
440. 

House Jour- 
nal, pp. 26, 94, 
128. Ante, 
p. 286, chap. 
117. 



ORDER REFERRING WITH STAY OF EXECUTION THE PETITION OF JOHN 
WOLCOT ESQ« .ADMINISTRATOR, PIIAYING FOR A NEW TRIAL OF AN 
ACTION. 

Ordered that the Consideration of this Petition ^ be further refer'd 
to Fryday the eighteenth Instant, if the Court be then sitting, if 
not, to the first Wednesday of the next Sitting of this Court, And 
Execution is stayed in the mean time. \^Passed November 11. 



CHAPTER 168. 

ORDER OF NOTICE ON THE PETITION OF DARTMOUTH INHABITANTS 
IN REGARD TO THE ELECTION OF TOWN OFFICERS. 



Rwords'ofthe ^ PETITION of Lemuel Pope and others. Inhabitants of the Town 
Council, of Dartmouth, shewing that by reason of the irregular proceedings 

xvn. (4),i97, ^^ ^|_^g Inhabitants of said Town, there is now no lawful Town Offi- 



House Jour^ cers among them, and therefore praying that this Court would order 
nai, pp. 120, 129. g, regular Meeting of the Inhabitants there, and appoint a Moderator 
of said Meeting. 
Eead and 

Ordered that the Petitioners serve the Select men of the Town 
of Dartmouth for the year 1742, with a Copy of this Petition, that 
they shew cause if any they have, on the second Tuesday of the 
next Sitting of this Court, why the Prayer thereof should not be 
granted. \^Passed November 11. 

> This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (4), the date is November 11. 
« Ante, p. 286, chap. 117. 



[2d Sess.] Province Laws {Resolves, etc.). — 1743-44. 305 



CHAPTER 169. 

ORDER ABOUT THE TAXES OF THE INHABITANTS OF THE NEW PRE- 
CINCT IN SUTTON. 

Whereas the Northerly part of Sutton was erected into a sep- Legislative 
arate and distinct Precinct by a Vote of this Court on the 38"' of ^^^i^^n" *"* *^® 
October last, and there being no provision therein obliging the In- xvii. (4)', 2ii. 
habitants of the said Precinct to pay all past Ministerial Charges House Jour- 
and Assessments that have arisen in the Town of Sutton : "nic^ p". 295, ' 

Therefore '^^^p- i*^- 

Ordered that the Inhabitants of the said new Precinct be and 
hereby are obliged to pay their proportionable parts and dues to 
all past Ministerial Charges and Assessments in the Town of Sut- 
ton, as also their proportionable part of the sum that the Inhabi- 
tants have agreed to raise for the paying their Ministers Salary this 
present year ending in March next ; Any thing in the Vote consti- 
tuting them a Precinct notwithstanding. \Fassed Novemler 11. 



CHAPTER 170. 

ORDER IMPOWERING JOHN SIMONS & JOHN WANNO, INDIANS, TO SELL 

LAND. 

The Committee who were appointed on the petition of John Legislative 
Simons and John ' Wanno, Titticut Indians for asisting them in coundf xviL* 
the sale of some of their lands at Titticut, for the purposes men- Mis., 545. 
tioned in said petition, have repaired to Titicut, viewed the land Legislative 
mentioned in said petition, and assisted the petitioners in the sale councif,*^ 
thereof being about fifty three acres and one half which was under .^j^"- ^^j^f*' 
lease betwixt 20 and 30 years and held by Ebenezer Shaw, and the Journal, p. 130. 
same was sold to said Shaw for One hundred & six pounds old tennor. chap! ns. ' 
which was the most that any body would give, and the full of what 
we judged the land worth, but the aforesaid One hundred and six 
pounds being not sufficient to pay the commissioners and the com- 
mittees of the General Court, at the request of the Indians, we 
veiwed a tract of land adjoining to the land above mentioned of 
about thirty four acres, now under lease for almost thirty years, 
which they earnestly desire may be sold that the said committee 
and the said commissioners may be fully satisfied. And we are 
fully convinced that if the said Indians are empowered to make 
sale thereof, it will save the charge of the committees going to Tit- 
ticut, and best for the Indians, all which is humbly submitted by 

Jn" Cushing & 
Jn*^ Jones, and 
Joseph Liyermore. 
Read and accepted and 

Ordered that John Simmons and Benjamin Wanno be and hereby 
are empowerd to make sale of thirty four acres of land at Titticutt 
in Middleborough which James Boyce now holds by virtue of a lease, 
and is joining to Ebenezer Shaws land, and John Cushings Esq"' Avith 

J "Benjamin," in Legislative Records of the Council, xvii. (4), 212, and in the order, 
infra. 



306 



Province Laws (Hesolves, etc. ) . — 1743-44. [Chap. 171.] 



such as the Hon'*^ House shall appoint, be a committee to assist the 
said Indians to see justice [done] ' them in the sale thereof, the 
mon'y arising by said sale to be applied by the said committee for 
paying the said Indians debts, the overplus if any there be, for 
their subsistance. 

In the House of Represent"''' Eead and Concur'd, and Major Jones 
and M'' Livermore are joined in the affair. [Passed November 11. 



CHAPTER 171. 

ORDER ACCEPTING THE COMMITTEES REPORT ON THE NATHi- MARTYN 

AFFAIR. 



Legislative 
Records of the 
Council, 
xvii. (4), 213. 

Legislative 
Records of the 
Council, 
xvii. (4), 201, 
208. House 
Journal, 
pp. 125, 126, 127, 
128,131. Infra, 
chap. 173. 



The COMMITTEE having in pursuance of the foregoing Order'' 
convented the said Nathaniel Martyn before them, and fully heard 
and considered what he had to offer in way of Justification or Ex- 
tenuation of the several exceptionable Exj)ressions contained in his 
Memorial to His Excellency the Governor and Council: and the Ex- 
cuse made by him in his vindication not appearing to the Committee 
to be in any measure satisfactory ; They are therefore Unanimously 
of Opinion, that in order to support the Honour of the Government 
and to express a due Eesentment of his Insolence and Contempt of 
the Authority thereof, the said Nathaniel Martyn be forthwith com- 
mitted to the common Goal in the County of Suffolk, there to remain 
during the present Sitting of this Court and until he shall recognize 
before one of His Majestys Justices of tlie Peace for the said County 
in the sum of Two Hundred Pounds with two Sureties in the sum 
of One Hundred [Pounds] each to be of good behaviour for the 
space of six months from this time. 

(Signed) John Osborne, per Order, 

Read and Unanimously Acceisted, & 

Ordered that the Sheriff of the County of Suffolk forthwith com- 
mit the said Nathaniel Martin to the Common Goal in said County 
there to remain during the jDresent Sitting of this Court, and until 
he shall recognize before one of His Majestys Justices of the Peace 
for the said County, in the sum of Two Hundred Pounds with two 
Sureties in the sum of One Hundred Pounds each, to be of good 
behaviour for the space of Six Months accordingly. [Passed Novem- 
her 11. 

1 Inserted from Legislative Records of the Council, xvii. (4), 212. 

» "John Osborne Esq'' from the Committee of both Houses on the affair of Nathanial 
Martin, gave in their Report : Which was not accepted. But the following Vote was 

pass'd on that Affair, viz' 

In the House of Represent^'"' ; In as much as it is represented to the House that a Doubt 
arose in the Committee whether they were sufficiently impowered by the Vote of both 
Houses to hear and examine the said Martin upon the affair : 

It is therefore Ordered that the Sheriff of the County of Suffolk bring the said Martyn 
before the Committee that he may be heard and examined by them, relating to his Offence ; 
and they are impowered and directed to inquire into his Abettors & Encouragers, if any 
such there be, and to send for Persons and other Evidences, and are to make further report 
accordingly. 

In Council: Read and Concur'd." — Legislative Records of the Council, xvii. (4), 208. 



[2d Sess.] Province Laws {Resolves, etc.). — 1743-44. 307 



CHAPTER 172. 

ORDER OF NOTICE ON THE PETITION OF JOHN HOMANS, EXECUTOR, 
PRAYING FOR LEAVE TO OFFER AN ACCOUNT. 

A Petition of Cpt. John Homans, Shewing that he was Exec- Legislative 
utor (with Timothy Emerson) of the Testament of William Brown coumJif, ^'^ *^* 
dec*^ that by the managements of the said Emerson (now dec'^) in xvii. (4)', 174. 
the Petitioners absence he is brought into great difficulties as to Archives, 
the business of an Executor; and praying that the Judge of Probate -^^"'•. ^^o- 
for the County of Suffolk may be allowed to receive an Account ^l^l\ „ 

.•/ r\ ^ •! T Archives, 

from the Petitioner upon Oath, notwithstanding there has been no xviii., 187-193. 
Inventory of the said Estate given in. Recordrof the 

[Read and] ^rS.isi. 

Ordered that this Pet" be continued till the first Thursday of the 215. House 
next Sitting of this Court, And that the Heirs of W™ Brown dec*^ pp^ni^'iso. 
then give in their Answer. [Passed JV^ovember 11. ^ha^'aV'^' 



CHAPTEE 173. 

ORDER DISCHARGING NATH'- MARTYN FROM GOAL. 

A Petition of Nathaniel Martyn of Boston, acknowledging his Legislative 
great fault in the indecent reflections cast on the proceedings of councif *^* ^'^^ 
the Governor and Council and the House of Representatives, con- xvii.(4),2i5. 
tained in his Memorial to the Governor and Council by him pre- Mass. 
sented the third Instant, and praying the forgiveness of the Court 316-325*^329^"'' 
of his said Offence. ^^v-'mlis. 

The Secretary went down by Order of the Governor and Coun- supra, chay). 
cil on a Message to the House of Representatives, to propose that 
Nathaniel Martyn should be ordered to attend the whole Court in 
the Council Chamber; & that his Petition should be publickly read, 
and the said Martyn admonished for his Fault and thereupon dis- 
charged. To which the House agreed. 

And the House being accordingly come up; the said Nathaniel 
Martyn appeared before the whole Court; And his Petition being 
read: 

The Secretary, in the Name and by Order of the Court, admon- 
ished him for his fault above mentioned. 

And then he was ordered to withdraw. 

And the Representatives returned to their Chamber 

"Whereupon the following Vote was pass'd, viz' 

In consideration of the humble sul3inission made by Nathaniel 
Martyn to this Court by his Petition now presented: 

Ordered that the Sentence of the Court for his Imprisonment 
and giving Bond for the good behaviour be remitted ; and that the 
Petitioner be also discharged from his present Restraint, upon his 
paying Fees and Costs; and that Orders be given to the Sheriff 
of the County of Suffolk to discharge him accordingly. [Passed 
November 11. 



308 



Province L>AWii{Besolves,etc.). — 1743-44. [Chaps. 174, 175.] 



Legislative 
Records of the 
Council, 
xvii. (4), 216. 

Mass. 
Archives, 
lxiv.,2'22-225. 
House Jour- 
nal, pp. 109, 129. 
Ante, p. 287, 
chap. 121. 



CHAPTEE 174. 

ORDER WITH STAY OF EXECUTION IMPOWERING GERRISH & BARREL 
TO BRING FORWARD AN APPEAL. 

On the Petition of Mess" Gerrish and Barrell, [mite, p. 287, 
chap. 121] 

Read, with the answer of Henchman Sylvester and others; and 
the matter being fully considered : 

Ordered that the prayer of the Petition be so far granted as that 
the Petitioners have liberty & power to bring forward their Appeal 
at the next Superior Court of Judicature to be held at Plymouth 
on the second Tuesday of July next ; and the Justices of the said 
Court are hereby directed to hear the parties on the merits of the 
cause, and to make up Judgment and award Execution thereon, 
with the Costs of this and the first Trial at the Inferior Court, the 
failure of the Petitioners at the last Superior Court notwithstand- 
ing: Provided the Petitioners first pay to the Respondents their 
Cost arising at and as taxed by the said Superior Court held at 
Plymouth on the Second Tuesday of July last ; and Execution is 
stayed in the mean time ; Provided the Petitioners give sufficient 
security to the Sheriff of the County of Suffolk to pay such sum as 
[may] ' be finally recovered of them on the Suit afore mentioned, 
with lawful Interest from the Twenty Seventh of October last. 
[Passed Xovemher 11. 



CHAPTER 175. 



Legislative 
Records of the 
Council, 
xvii. (4), 217. 
IMass. 

Archives, xlii., 
377. 

Mass. 

Archives, xlii., 
376. House 
Journal, p. 106. 



ORDER OF NOTICE ON JAC. HURDS PETITION FOR STAY OF EXECUTION. 

A Petition of Jacob Hurd of Boston, sliewing that he purchased 
a House and land in Boston, of Abraham Blish and Joseph Pomroy, 
that since his purchase he has found that the said Blish & Pomroy 
have no title ; however they have commenced their Action against 
him for the Purchase money that was unpaid, and have recovered 
Judgment for the same; and therefore praying that the Execution 
thereon may be stayed, until they prove a good Deed from the Ex- 
ecutors of the Testament of the Unkle of the said Abraham, Avho 
have the title in them by the said Will. 

Read and 

Ordered that the Pef' serve the Adverse Parties the said Blish 
and Pomroy with copys of this Pet" that they shew cause if any 
they have on the first fryday of the next Session of this Court, why 
the Prayer thereof should not be granted. And Execution within 
mentioned is Stayed in the mean time provided the Pef give Suffi- 
cient Security to the Sheriff of the County of Suffolk to pay the 
Principal and Interest that shall become due from this time. [Passed 
November 11. 

> Inserted from Mass. Archives, Ixiv., 225. 



[2u Sess.] Province Laws {Resolves, etc.). — 1743-44. 309 



CHAPTER 17(3. 

VOTE GRANTING £1,666. 13. 4 TO PURCHASE STORES FOR CASTLE WIL- Legislative 

LIAM AND OTHER FORTS. CouDcIf xvi?^ 

Mis., .%6.' 

Voted that the sum of One thousand six hundred and sixty six Legislative 
pounds, thirteen shillings and four pence, be granted and allowed councif "* ^^^ 
to be paid out of the publick treasury into the hands of the com- xvii.(4)',2i8. 
mittee, appointed to purchase proper stores for Castle William, and nai"iK 132"'^ 
the other Forts and Garrisons in the Province. \^Passed November 11. ^^^^ \^]^' 



CHAPTER 177. 

VOTE GRANTING £1,333. 13. 8 FOR COMPLETING THE WORKS AT CASTLE Legislative 

WILLIAM. Records of the 

Council, xvii., 
Jlis., 5o4. 

Voted that the sum of One thousand three hundred and thirty Legislative 
three pounds, thirteen shillings and eight pence be allowed and paid QQjJQp*|f ^^ ^^^ 
out of the publick treasury into the hands of the Committee ap- xvii. (4)',2i8. 
pointed to effect the repairs and works at Castle William, for the nauifp. 80,^132. 
further carrying on and compleating the same, the Committee to ^^^^' \^q^^' 
be accountable, [^Passed November' 11. 



CHAPTER 178. 

VOTE GRANTING £666. 13. 4 FOR FORTIFYING BOSTON. 

Voted that His Excellency the Captain General be desired to give Legislative 
orders that within twelve months there be erected in the Harbour of couucn^ °* ^"^^ 
Boston an other good & sufficient Breast Work, and a Platform built, xvii. (4),2i8. 
and not less than twelve guns eighteen Pounders or others equivalent House Jour- 
mounted, and all suitable Warlike stores procured, and that the sum ^nte,'\,'.iiQ, 
of six hundred and Sixty six \^Pounds^ ' thirteen shillings and four cJiap--3i. 
pence be granted and allowed to be paid out of the publick Treasury 
to the order of the said Town of Boston, they giving security to the 
Treasurer for the erecting said Works & procuring the same stores, 
and that the same shall be from time to time maintained, or on the 
failure either of their performing said Works or maintaining them 
the money hereby granted to be repaid into the Province Treasury 
again. [^Passed November 11. 



CHAPTER 179. 

VOTE GRANTING £166. 13. 4 FOR FORTIFYING SALEM. 

Voted that the Siim of One Hundred & Sixty Six Pounds thir- Legislative 
teen Shillings & four pence be Granted and Allowed to be paid out councif, xvIl^ 
of the Publick Treasury to the Order of the Town of Salem, they ^^^g-^-^- 

1 Inserted from the House Journal, p. 132. 



310 



Provinck Laws {Resolves^ etc.). — 1743-44. [Chaps. 180-182.] 



Archives, 
Ixxii., 663. 



Learislative 



giving Security to the Province Treasurer that in Case they Shall 
fail of performing the Conditions annexed to the Grant of Tliree 



Rwordsof the hundred pounds 



made to said Town by this Court at their 



Council, Sessions begun and held in July 1741. the Money hereby granted 



xvii. (4), 219 
House Jour- 

^nte,'p^h(i, further are allow'd s 
chap! 233. ' [Passed November 11 



shall be repaid into the Province Treasury, and Twelve months 
^ Town to perform the Condition enjoynd. 



CHAPTER 180. 



VOTE GRANTING £166. 13. 4 FOR FORTIFYING MARBLEHEAD. 



Legislative 
Records of tlie 
Council, xvii., 
Mis., .548. 
Mass. 
Arcliives, 
Ixxii., 666. 

Legislative 
Records of the 
Council, 
xvii. (4), 219. 
House .Jour- 
nal, p. 132. 
Ante,\). Ill, 
chap. 234. 



Voted that the Sum of One Hundred & Sixty Six Pounds thir- 
teen Shillings and four pence be granted and Allowed to be paid 
out of the publick Treasury to the Order of the Town of Marble- 
head they giving Security to the Province Treasurer that in case 
they shall fail of performing the Conditions annex'd to the Grant 
of Five Hundred and Fifty Pounds made to said Town by this 
Court at their Sessions begun & held in July 1741. the Money 
hereby granted shall be repaid into the Province Treasury. And 
Twelve months further are allowd s'^ Town to perform the Con- 
ditions of their Grant. [Passed November 11. 



CHAPTER 181. 



VOTE GRANTING £126. 13. 4 FOR FORTIFYING BEVERLY. 



Legislative 
Records of the 
Council, xvii., 
Mis., 550. 



Archives, 
Ixxii., 665. 

Legislative 
Records of the 
Council, 
xvii. (4), 220. 
House Jour- 
nal, p. 132. 



Voted that His Excellency the Captain General be desired to give 
Orders that within Twelve months there be erected in the Harbour 
of Beverly a good & sufficient Brest Work & a platform built and 
not less then four Guns Nine pounds or others equivalent mounted 
and all suitable Warlike stores Procured & that the sum of One hun- 
dred & Twenty six pounds thirteen shillings & four pence be granted 
& allowed to be paid out of the Publick Treasury to the Order of 
the said Town of Beverly they giving security to the Province Treas- 
urer for the Erecting said Works & procuring said Stores & that the 
same shall be from time to time Maintained or on the failure either 
of their performing said Works or Maintaining them the Money 
hereby granted to be repaid by said Town into the Province Treas- 
ury again. [Passed November 11. 



CHAPTER 182. 



VOTE GRANTING £126. 13. 4 FOR FORTYFYING GLOCESTER. 



Voted that the sum of One Hundred & Twenty Six Pounds thir- 
teen Shillings and four pence be Granted and Allowed to be paid 
out of the Publick Treasury unto the Order of the Town of Gloces- 
ter they giving Security to the Province Treasurer that in Case they 
shall fail of performing the Conditions annexed to the Grant of Four 
made to said Town by this Court at their Ses- 



Legislative 
Records of the 
Council, xvii., 
Mis., ,551. 
Mass. 
Archives, 
Ixxii., 668. 

Legislative 

Records of the hundred pounds 



[2d Sess.] Province Laws {Resolves, etc.). — 1743-44. 311 

sions began & held in July 1741. the Money hereby Granted shall be Council, 
repaid into the Province Treasury. And Twelve months further are Hou's^^ibur?' 
allowd said Town to perform the Conditions of their Grants. {Passed "ai. p- 133. ' 
November 11. dTap'.^se/."' 



CHAPTER 183. 

VOTE APPOINTING A COMMITTEE TO PURCHASE STORES FOR CASTLE 
WILLIAM AND OTHER FORTS AND GARRISONS. 

In the House of Representatives Legislative 

Voted that M-" Speaker, M^ Hutchinson, M"" Oliver M' Prout and councn, xvii!? 
M'' Cotton, with such as the Honorable board shall appoint, be a ^^'^•' ^*'^- 
committee to purchase proper stores for Castle William, and the Recordfof the 
other forts and Garrisons in the Province. Council, 

In Council. Read and concurred and John Osborne, John Jones,' House Jout-' 
Jacob Wendell & Samuel Watts Esq" are joined in the affair, nai, p. 129. 
{Passed November 11. 



CHAPTER 184. 

VOTE GRANTING ALLOWANCES FOR FORTIFYING DIVERS TOWNS IN 
HAMPSHIRE COUNTY. 

In the House of Representatives, Legislative 

Whereas it Appears Necessary from the Apprehensions this House councif, xvii!, 
have of a Speedy Rupture between the Crowns of Great Britain & jjas's.^^' 
France that the Inland Frontiers in this Province be put into a better Archives, cxv., 
Posture of Defence, Therefore 



Voted That the following Sums be & hereby are granted to be paid Rlfords'of the 
out of the Publick Treasury to be laid out in some of the Settlements ^^"j^^^V 221 
in the County of Hampshire, Vizt. To Fall Town, Colerain, Blan- House Jour-' 
ford, Stockbridge Sheffield and Upper Housatunnock One Hundred proviiicl*' 
Pounds each, And to New Hampton Sixty Six pounds Thirteen Shil- ^jf ^^l"' ^^"^' 
lings & four pence All which Sums shall be taken out of the Seven 
Thousand Pounds Appropriation provided in the Supply Bill now 
before this Court & shall be paid into the hands of Mess''*' Thomas 
Ingersole, John Leonard and Thomas Jones with such as the Hon- 
ourable Board shall join as a Committee fully Authorized & Impow- 
ered to receive the same and (first taking the Direction of the Captain 
General) to lay out in the most prudent manner in Erecting in each 
of the beforenamed Settlements for their Security during the War 
a Garrison or Garrisons of Stockades or of Square Timber round 
some Dwelling House or Houses or otherwise as will be most for 
the Security & Defence of the whole Inhabitants of each place the 
Committee as near as may be to proportion the Expence to the Sums 
hereby granted, And the Over pluss if any be to be Returned into 
the Province Treasury the Committee to be Accountable & to pro- 
duce Vouchers that they liave paid for the Charge of said Fortifica- 
tions (as well for Materials as to the Workmen Employed) in Bills 
of Credit. 

Provided Nevertheless that if the Apprehensions of War be over 

1 " Jeflfries,"' in Legislative Records of the Council, xvii. (4), 221. 



312 



Province Laws {Resolves, etc.). — 1743-44. [Chap. 185.] 



before the Money be laid out what remains shall be returned into 
the Treasury, there to lye for the further Order of this Court. 
In Council. 
Eead & Concur'd & John Stoddard & Oliver Patridge Esq''^ are 
joined in the Affair. \^Passe(l Novemher 11. 



CHAPTEE 185. 



Legislative 
Records of tlie 
Council, xvii., 
Mis., 553. 
Mass. 
Arcliives, 
Ixxii., 656. 

Legislative 
Records of the 
Council, 
xvii. (4), 222. 
House Jour- 
nal, p- 133. 
Province 
Laws, iii., 112, 
chap. 13. 
Supra, chap. 
184. Infra, 
chap. 186. 



VOTE GRANTING ALLOWANCES FOR FORTIFYING DIVERS TOWNS IN 
THE COUNTIES OF MIDDLESEX & WORCESTER. 

In the House of Eepresentatives, 

Whereas it Appears Necessary from the Apprehensions this House 
have of a Speedy Rupture between the Crowns of Great Britain & 
France that the Inland Frontiers in this Province be put into a 
better Posture of Defence, Therefore 

Voted That the following Sums be & hereby are granted to be 
paid out of the Publick Treasury to be laid out in some of the 
Settlements in the County of Middlesex, Vizt. To the West Pre- 
cinct in Groton Thirty three Pounds Six Shillings & Eight pence. 
To Townshend Sixty Six Pounds Thirteen Shillings & four pence 
in the County of Worcester, Vizt. To Lunenburgh & Leominster 
between them Sixty Six Pounds Tliirteen Shillings & four pence, 
To Narraganset Number Two One Hundred Pounds, To Pequoag 
One Hundred Pounds To Nichewoag One Hundred Pounds, To 
New Eutland One Hundred Pounds & in the County of Hamp- 
shire Vizt. To New Salem One Hundred Pounds 

All which Sums shall be taken out of the Seven Thousand Pounds 
Appropriation provided in the Supply Bill now before this Court & 
shall be paid into the hands of Mess" Samuel Willard, William Law- 
rence & James Minot with such as the Honourable Board shall join 
as a Committee fully Authorized and Impowered to receive the 
same and (first taking the Direction of the Captain General) to lay 
out in the most prudent manner in Erecting in each of the before- 
named Settlements for their Security during the War a Garrison 
or Garrisons of Stockades or of Square Timber round some Dwell- 
ing House or Houses or otherwise as will be most for the Security 
& Defence of the whole Inhabitants of each place the Committee 
as near as may be to proportion the Expeiice to the Sums hereby 
granted. And the Overpluss if any be to be returned Into the 
Province Treasury the Committee to be Accountable & to pro- 
duce Vouchers that they have paid for the Charge of said Forti- 
fications (as well for Materials as to the AVorkmen Employed) in 
Bills of Credit 

Provided Nevertheless that if the Apprehensions of War be over 
before the Money be laid out what remains shall be returned into 
the Treasury, there to lye for the further Order of this Court. 

In Council Read & Concur'd & Joseph Wilder & Joseph Dwight 
Esq" are joined in the Affair. [Passed Novemher 11. 



[2d Sess.] Province Laws {Resolves, etc.). — 1743-44. 313 



CHAPTER 186. 

VOTE GRANTING ALLOWANCES FOR FORTIFYING DIVERS TOWNS IN THE 

COUNTY OF YORK. 

In the House of Representatives, R^^^^^^^^f ti 

Whereas it Appears Necessary from the Apprehensions this House council, 
have of a Speedy Rupture between the Crowns of Great Britain and m^ss.^*^''^^" 
France that the Inland Frontiers in this Province be put into a better Archives, 

Posture of Defence, Therefore -^ — —-— 

Voted Th2it the following Sums be & hereby are granted to be Su"?^ m""' 
paid out of the Publick Treasury to be laid out in some of the Set- Province 

1 . „ IT 1 tT- rr\ -i^ • ^ r^ tt t i I-'^'WS, 111., 112, 

tlements m the County of 1 ork Vizt. To Berwick One Hundred chap. 13. 
Pounds, To New Marbleliead One Hundred Pounds, To Scarbor- f^P^»>^'^^v- 
ough One Hundred Pounds To Gorham Town One Hundred Pounds 
To Sheepscutt One Hundred Pounds, To Broadbay or to the Inhabi- 
tants at the Falls called Madomock as the Captain General shall direct 
Seventy five Pounds, To Newbury Narraganset One Hundred Pounds, 
To Phillips Town One Hundred Pounds To Damariscotta Sixty Six 
Pounds Thirteen Shillings & four pence All which Sums shall be 
taken out of the Seven thousand pounds Appropriation provided 
in the Supply Bill now before this Court & shall be paid into the 
hands of ^Iess" Moses Butler Tobias Leighton Samuel Moody James 
Skinner & Jacob Perkins with such as the Honourable Board shall 
join as a Committee fully iVuthorized and Impowered to receive the 
same and (first taking' the Direction of the Captain General) to lay 
out in the most prudent manner in Erecting in each of the before- 
named Settlements for their Security during the War a Garrison or 
Garrisons of Stockades or of Square Timber round some Dwelling 
house or Houses or otherwise as will be most for the Security & 
Defence of the whole Inhabitants of each place the Committee 
as near as may be to proportion the Expence to the Sums hereby 
Granted And the Overpluss if Any be to be returned into the Prov- 
ince Treasury, the Committee to be Accountable And to produce 
Vouchers that they have paid for the Charge of said Fortifications 
(as well for Materials as to the Workmen Employed) in Bills of 
Credit. 

Provided Nevertheless that if the Apprehensions of War be over 
before the Money be laid out what remains shall be returned into 
the Treasury there to lye for the further Order of this Court. 
In Council, 

Read & Concur'd & William Pepperil, Jeremiah Moulton John Hill 
& Samuel Waldo Esq" are joined in the Affair. \_Passed Noveni- 
her 11. 



CHAPTER 187. 

VOTE GRANTING £100 FOR FORTIFYING ARROWSICK ISLAND. 

Voted that His Excellency the Captain General be desired to give Legislative 
Orders that within Twelve Months there be Erected on the Island coSncf f, xlii!f 
of Arrowsick a good & Sufficient Breast Work & a Platform built Mis., 552. 
& not less than Four Gunns Six Pounders mounted or others equiv- Archives, 
alent & all suitable Warlike Stores procured & that the Sum of One ^xxh., 662. 



314: 



Province 1^aw» (Besolves, etc.) . — 1743-44. [Chaps. 188-191.] 



House Jour 
nal, p. 135. 



Records'of the Hundred pounds be granted and Allowed to be paid out of the Pub- 
Co»ncii, \[q]^ Treasury to the Order of the Inhabitants of George Town thev 

XVll. ('4), ZZO. . . ^ "^ tD J 

giving Security to the Province Treasurer for the Erecting said Works 
and procuring said Stores and that the same Shall be from time to 
time maintained, or on the failure either of their performing said 
Works or maintaining them, the Money hereby granted to be repaid 
by said Town into the Province Treasury again. [Passed Novem- 
ber 11. 



Legislative 
Records of the 
Council, xvii., 
Mis., 550. 
Mass. 
Archives, 
Ixxii., 664. 

Legislative 
Records of the 
Council, 
xvii. (4), 225. 
House Jour- 
nal, p. 135. 
Ante, p. 114, 
chap. 243. 



CHAPTER 188. 

VOTE GRANTING £133. 13. 4 FOR FORTIFYING FALMOUTH. 

Voted, That the Sum of One Hundred & Thirty three Pounds 
Thirteen Shillings & four pence be granted and x^llowed to be paid 
out of the Publick Treasury to the Order of the Town of Falmouth 
they giving Security to the Province Treasurer that in Case they 
shall fail of performing the Conditions Annexed to the Grant of 
Four hundred pounds made to said Town by this Court at their 
Sessions began & held in July. 1741. the Money hereby granted shall 
be repaid into the Province Treasury. And Twelve months further are 
allowd s'^ Town to perform the Conditions of their Grants. [Passed 
November 11. 



Legislative 
Records of the 
Council, 
xvii. (4), 226. 
Mass. 
Archives, 
Ixxii., 658. 

Legislative 
Records of the 
Council, xvii., 
Mis., 549; ibid., 
xvii. (4), 81, 
148, 163. 
House Jour, 
nal, p. 135. 



CHAPTER 189. 

VOTE GRANTING £33. 6. 8 FOR REPAIRS AT RICHMOND FORT. 

Voted., That the Sum of Thirty three Pounds Six Shillings & 
Eight pence be Granted & Allowed to be paid out of the Publick 
Treasury for the further Carrying on the Eepairs at Eichmond Fort. 
[Passed November 11. 



Legislative 
Records of the 
Council, 
xvii. (4), 226. 
Mass. 
Archives, 
Ixxii., 661. 

Legislative 
Records of the 
Council, xvii.. 
Mis., .549; ibid., 
xvii. (4), 112. 
House Jour- 
nal, p. 135. 
Ante, p. 163, 
chap. 86. 



CHAPTER 190. 

VOTE GRANTING £133. 6. 8 FOR REPAIRS AT FORT FREDERICK. 

Voted, That the Sum of One Hundred & Thirty three Pounds Six 
Shillings & Eight pence be Granted & Allowed to be paid out of the 
Publick Treasury for the further Carrying on the Repairs at the Fort 
at Pemaquid. [Passed November 11. 



CHAPTER 191. 



VOTE GRANTING £66. 13. 4 FOR FORTIFYING CHARLESTOWN. 



Legislative 
Records of the 
Council, xvii., 
Mis., 547. 
Mass. 
Archives, 
Ixxii., 667. 



Voted That the Sum of Sixty Six Pounds Thirteen Shillings & 
four pence be granted and Allowed to be paid out of the Publick 
Treasury to the Order of the Town of Charlestown they giving 
Security to the Province Treasurer that in Case they shall fail of 



[2d Sess.] Province Laws (Besolves, etc.). — 1743-44. 315 

performing the Conditions Annexed to the Grant of Two hundred Rgf ords'of the 
& fifty pounds made to said Town by this Court at their Ses- Council, 

sion began & held in July. 1741. the money hereby granted shall House Jour-' 
be repaid into the Province Treasury And Twelve months further ^liJ'/J'^fio 
are allow'd s'^ Town to perform the Conditions of their Grants, chap! 232. 
[Passed November 11. 



CHAPTEK 192. 

VOTE GRANTING £100 FOR FORTIFYING PLYMOUTH. Legislative 

Records of the 
Council, xvii., 

Voted That the Sum of One Hundred Pounds be Granted & Jjifg-^^i- 
Allowed to be paid out of the Publick Treasury to the Order of Archives, 

the Town of Plymouth, they giving Security to the Province Treas- ^^^]'' ^^^' 

urer that in Case they shall fail of performing the Conditions An- Reforlfof the 
nexed to the Grant of Two liundred & fifty pounds made to said 9°""?1\' ^ot 
Town by this Court at their Sessions began & held in July 1741. House Jour-' 
the Money hereby granted shall be repaid into the Province Treas- ^nte,'^^ni, 
ury And Twelve months further are allow'd s*^ Town to perform ^^^v- '^ss. 
the Conditions of their Grants. [Passed November 11. 



OHAPiJiiK 19 d. Records'of the 

Council, xvii., 
Mis., 549. 
VOTE GRANTING £33. 6. 8 FOR REPAIRS AT SACO TRUCK HOUSE. 

Mass. 
Archives, 

Voted tliat the sum of Thirty three pounds six shillings and eight ixxii. 659. 
pence be granted and allowed to be paid out of the publick treas- Records of the 
ury, for the further carrying on the repairs at Saco Truckhouse. xvii"?4), 226. 
[Passed November 12.' House jour. 

<- nal, p. 1.3.0. 

. Ante, p. 163, 

chap. y6. 

CHAPTER 194 Legislative 

^-*-'--'^-'- -L-LJ-Li- A- o ^. Records of the 

Council, 
VOTE ALLOWING £100 FOR REPAIRS ON THE TRUCK HOUSE AT S^ xvii. (4), 226. 

GEORGES RIVER. Mass. 

Archives, 
Ixxii., 660. 

Voted that the sum of One Hundred Pounds be granted and Refords'of the 
allowed to be paid out of the publick Treasury for the further council, xyii., 
carrying on the Repairs at the Truck House ^ at Georges Eiver. xvh'U'^.'si,"^'' 
[Passed November 12. ' i^U^alT i35. 

Ante, p. 289, 

chap. 126. 

CHAPTER 195. 

VOTE TO RAISE SEVEN COMPANIES OF SNOW SHOOE MEN. 

Voted That His Excellency the Captain General be desired in Legislative 
such Manner as to him shall seem best to Raise in the County of coundi^ xvIL^ 
Hampshire Three Companys of Fifty able bodyed Effective Men Mis., 5.55. 

' This date is according to Mass. Archives ; according to both copies of Legislative 
Records of the Council the date is November 11. 

' Legislative Records of the Council, xvii.. Mis., 555, reads: "at i\ie fort at Georges 
River." 



316 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 196-198.] 



Archives, 
Ixxii., 67-2. 



Legislative 
Records of the 
Couucil, 
xvii. (4), 227. 
House Jour- 
nal, pp. 135, 136. 
Province 
Laws, ill., 112, 
chap. 13. 



in Each, Three Companys in the Countys of Middlesex and Worces- 
ter, and four Companys in the County of York of like Number and 
Quality with the first so situate and disposed as shall best Serve the 
Defence of the whole Frontiers, that he be pleased to Order and 
Direct that Each Officer and private Ccntinel in said Companys 
provide himself with a good pair of Snow Shoes, One pair of Mog- 
gissons and one Hatchett, and that during the Warr that may hap- 
pen they held themselves ready to March on the Shortest Warning, 
and that the Commanding Officer of Each of said Companys shall 
Transmitt to the Captain General a List Containing the Number 
Names & place of Abode of Each of his Men and that they are 
provided as aforesaid with a Duplicate to be Lodged in the Secre- 
tarys Office And that on receipt thereof and in Consideration of 
their Charge and Duty in thus providing themselves and being 
always ready to March there be Allowed & paid out of the Pnblick 
Treasury to Each such Officer & Centinel Ten shillings and that 
a Grant be & hereby is made for that purpose accordingly. the 

payment to be made out of the Appropriation for Grants. \^Passed 
Novemher 12.^ 



CHAPTER 196. 

ORDER CONTINUING PETITIONS AND OTHER MATTERS TO THE NEXT 

SESSION. 



Legislative 
Records of the 
Council, xvii.. 
Mis., 556. 

Legislative 
Records of the 
Council, 
xvii. (4), 229. 
House .Jour- 
nal, p. 187. 



Ordered that such petitions and other matters, as were to have 
been heard, or had day in the present session of this Court, and 
have not been passed on or considered, be continued unto, and 
proceeded on at the next session of the general Court, and that 
then they have the like day or days as were assigned them in this 
session. \^Passed November 12. 



CHAPTER 197. 



Legislative 
Records of the 
Council, 
xvii. (4), 229. 

House .Jour- 
nal, p. 136. 
Province 



ORDER DIRECTING THE PUBLICATION OF THE "ACT FOR THE MORE 
SPEEDY FINISHING OF THE LAND-BANK OR MANUFACTORY SCHEME." 



Ordered that the Secretary be directed to publish in the Boston 
Gazet the Act pass'd this Court in the present Session for finishing 
Laws, iii., lis, the Manufactory Scheme. ^Passed November 12. 



CHAPTER 198 



ORDER OF NOTICE ON GEO. & ROBERT HEWES PET^ FOR NEW TRIAL 

OF A CAUSE. 



Records^of^the ^ PETITION of Gcorge and Robert Hewes of Boston, tanners, com- 
Councii, plaining of great injury done them in the proceedings of the Supe- 

rior Court within the County of Suffolk in several Trials between 



xvii. (4), 229. 



Record^ofthe the Petitioners and Nathaniel Cunningham of Boston aforesaid: 

' This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis.; according to Legislative Records of the Council, xvii. (4), the date is November 11. 



[2d Sess.] Province Laws {Resolves, etc.). — 1743-44. 317 

praying that they may be admitted to another Tryal of their cause Council, 
before the said Superior Court. fi5"":^*ou8^' 

Read and Journal, p. 130. 

Ordered that the Petitioners serve the adverse party the said cimp'. loi.' ' 
Nathaniel Cunningham with a Copy of this Petition, that he shew 
cause if any he hath on Tuesday next if the Court be then sitting, 
if not, on the first Fryday of the next Sitting of this Court, why 
the prayer thereof should not be granted. \^Passed November 12. 



CHAPTEK 199. 

VOTE IN REGARD TO GUN POWDER. Legislative 

Records of the 

Whereas the Keeper of the Powder house in Boston is restraind xvii. (4)', 230. 
from delivering any Powder belonging to private persons &c. until Archives, 
the further order of this Court And it is possible the reason of said ixx"-. 673. 
restraint may cease during the recess of the Court It is therefore R^fords^^th 

Voted That his Excellency the Governor with the advice of the Council, xvii., 
Council be desird to give such further Orders relating to the said iiousl^Jour- 
Powder as they shall think the Circumstances of the province re- ^li}^- ^^^ 
quire. \^Passed November 12. chap! lis. '' 



CHAPTER 200. 

ORDER ON THE PETITION OF THE PRESIDENT & FELLOWS OF THE 

COLLEGE. 

A Petition of the President and Fellows of Harvard College in Legislative 
Cambridge, setting forth the smallness of the Revenue of the said councif ''^ ^'^^ 
College, by reason of which the Officers of the said Society are not xvu. (4)', 189, 

sufficiently supported; and forasmuch as the Rates of the Ferriage -^^ 

over Charles River (which Ferry is part of the Estate of the said Sfi^p. isT"^" 
College) are much lower than at other Ferries; therefore praying 
that the Rates of Ferriage there may be raised, that so the Officers 
of the said College may be better supported. 

Ordered that the consideration of this Petition be referred to the 
next Sitting of this Court, and that the Committee be then directed 
to report thereon. [Passed November 12. 



CHAPTER 201 Legislative 

^-^-^-^-^-•--^-^ zOUL. ReSords of the 

Council, 

VOTE ALLOWING THE COMMAS OF Y^ LAND BANK TO SIT IN THE M^"s.^^^ ' ^^*'' 

COURT HOUSE. Archives, lix.. 

346. 



Voted that the Commissioners on the affair of the late Manufac- Rlf^rds'of the 
tory Scheme or Bank have Leave to make use of the Room at the Council, 
West End of the Court House in Boston where the assessors used House j'our- 
to sit for transacting the affair to which they are appointed, The provlncl^' 
Town of Boston having provided for their Assessors a Room in Laws, iii. ,118, 
Fanuel Hall. [Passed November 12. ^ ^^' 



318 



Province Laws {Resolves, etc.) . — 1743-44. [Chaps. 202, 203.] 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston 
ON THE Twentieth day of October, A.D. 1743. 



Legislative 
Records of the 
Council, 
xvii. (4), 241. 
Mass. 
Archives, 
xxxi., 469. 

Legislative 
Records of the 
Council, xvii.. 
Mis., 47ti. 
House Jour- 
nal, p. 144. 



CHAPTER 202. 

ORDER IMPOWERING MOSES SPEEN, INDIAN, TO SELL LAND. 

A Petition" of Moses Speen of Natick, Indian, shewing that by 
reason of the Numb Palsy with which lie has been afflicted and his 
advanced age he is unable to labour for his support, and therefore 
praying for liberty to sell twenty two acres of his dividend of land 
in Natick, for his support and the payment of his Debts. 

Read and in answer hereto 

Ordered that the Pef have liberty and power with the advice and 
assistance of Maj'' Isaac Coolidge to sell twenty two Acres part of 
the dividend of land abovementioned belonging to him the produce 
thereof to be applyed to pay his Just Debts, the remainder to be 
applyed towards his more comfortable Support, The said Coolidge 
to be accountable for His proceedings herein to this Court. [^Passed 
Fehruary 9. 



CHAPTER 203. 



Legislative 
Records of the 
Council, 
xvii. (4), 24-2. 
Mass. 

Archives, cxi., 
129. 

Mass. 

Archives, cxi., 
128. Legisla- 
tive Records of 
the Council, 
xvii.. Mis., 477. 
House Jour- 
nal, p. 144. 



ORDER GRANTING A LICENCE TO DAV^' AVYMAN TO KEEP AN INN. 

A Petition of David Wyman Jun'' of Woburn, shewing that he 
has lately purchased the House wherein John Fowle for many years 
past has kept a Tavern or Inn, it being a very suitable house, and 
well situated for that use; And therefore praying that the Court of 
General Sessions of the Peace at their next Term may be impowered 
to grant him a licence to keep an Inn there, for the rest of the year. 

Read and 

Ordered that the Prayer of the Pet" be granted, and the Justices 
of the Gen^ Sessions of the Peace for the County of Middlesex are 
hereby Impowered to grant (if they See cause) the Pef a Licence 
to keep a publick House of Entertainment the remaining part of 
the Year, (The Pet' first producing a Certificate of the approbation 
of the Select Men of the Town of Woburii of his qualification for 
that Trust) the time for granting Licences being elapsed notwith- 
standing. \^Passed Fehruary 9. 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 319 

CHAPTER 204. 

ORDER IMPOWERING SOL. HAMPSHIRE, INDIAN, TO SELL LAND. 

A Petition of Solomon Hampshire of Warham, Indian, praying Legislative 
for liberty from this Court to sell Twenty Acres of Land in said coSnctf, °* '^^ 
Town for the payment of his debts and providing necessaries of xvii. (4)', 242. 

T . p rt 1 • 31886. 

lite for him. Archives, 

Head and ^^^'■'*'^- 

Ordered that the prayer of the Pet" be granted and the Pet' is ^rc^ives 
hereby allowed and impowered with the advice and Assistance of xxxi., 474. 
James Warren Esq'' to Sell the land within mentioned for the most RifordVof the 
the same will fetch, the produce to be applyed to the payment of M°g"476^^"'' 
his Just Debts, the remainder (if any there be) to be Improved for House Jour- 
the more comfortable Support of the Pef The s*^ Warren to be ac- "^^ > p- ^ ^• 
countable for his proceedings herein to this Court. [Passed Feb- 
ruary 9. 

CHAPTER 205. 

ORDER IMPOWERING W^' HALL ESQ«, GUARDIAN, TO SELL A PORTION 

OF AN ESTATE. 

A Petition of William Hall Esq' Guardian of Anna Mercy Irish, r®^^®'^"\®.u 
a minor, Daughter of Jonathan Irish late of Little Compton dec'' Council, 
Sliewing that her part of her fathers real Estate, by reason of its Ma^'s.^*^' ^*^" 
belonging to so many heirs, is of little advantage to her, being an Archives, 

eighth part of a Dwelling House & nine Acres of land; therefore - — - — '- 

praying that he may be impowered to sell the same for the said Archives, 
Minors greater benefit. LlglsiftTve 

Read and Records of the 

Ordered that the Pef in his capacity be and he hereby is Impow- iniis.?!??.'''^"'' 
ered to make Sale of the Minor's eighth part of the dwelling house nai"pp'Y45''i46 
and the Nine Acres of land within mentioned for the most the same 
will fetch. He giving sufficient Caution to the Judge of Probate for 
the County of Bristol for his paying the principal and Interest to the 
s^ Minor on her arriving at Age or marraige. [Passed February 10. 



CHAPTER 206. 

ORDER CALLING A TOWN MEETING AT DUNSTABLE. 

A Petition of Eleazar Tyng Esq' and others a Committee of the Legislative 
Town of Dunstable, shewing that by reason of the neglect of the counc'if,"'*^^ 
last years Officers to issue a Warrant for a Town Meeting in March xvii. (4),245. 
last, there are now no Town Officers; and therefore Praying that by Archives, cxv., 

Order of this Court they may have a Meeting called as soon as may ^^— . 

be, that the Inhabitants may cliuse Town Officers. Archives cxv 

Read and i?"- Legisia- ' 

Ordered that the Qualifyed Voters of the Town of Dunstable be of the'councii, 

and they are hereby Impowered to convene together and to Chuse House^Joilr"' 

all Town Officers as the Law directs. The officers when chosen shall nai,pp.i43,i45. 



320 



Province IuAw^ {Resolves, etc.) . — 1743-44. [Chaps. 207, 208.] 



be lyable to the same Duties and Penalties as Officers that are annu- 
ally chosen, and all their proceedings shall be alike effectual, their 
neglect in calling a Meeting in March last notwithstanding. And 
Eleazar Tyng Esq'' a principal Inhabitant of said Town is hereby 
directed and impowered to convene the Inhabitants for these pur- 
poses accordingly. \^Passed February 10. 



Legislative 
Records of the 
Council, 
xvii. (4),246. 
Mass. 
Archives, 
xviii., 138. 

Mass. 
Archives, 
xviii., 136. 
Legislative 
Records of the 
Council, xvii., 
Mis., 478. 
House Jour- 
nal, pp. 76, 80, 
147. 



CHAPTER 207. 

ORDER IMPOWERING HAN: DELANO, ADMINISTRATRIX, TO SELL AN 

ESTATE. 

A Petition of Hannah Delano Widow and Administ^ of Jabez 
Delano of Dartmouth in the County of Bristol dec*^ with the Heirs 
of the said Jabez, & the Guardians of those of them ' that are in 
their minority: Shewing that the estate of the said Jabez is con- 
siderably in debt, and that the selling part of the real estate will 
spoil the rest ; and therefore praying for liberty from this Court to 
sell the whole. 

Eead and 

Ordered that this Pet° be revived and that the within named Adm^ 
be and she hereby is Impowered to Sell the whole of the Premisses 
within mentioned for so much as it will fetch, but not under the 
apprized Value She giving sufficient caution to the Judge of Pro- 
bate for the County of Bristol to distribute in proportion as the 
Law requires, so much of the produce of such Sale as shall remain 
after the Debts shall be paid among the Heirs of said Dec'd now 
of Age, and the Guardians of such as are in their Minority; the 
said Guardians giving like caution to employ and improve the re- 
spective proj)ortions belonging to such Minors of the proceeds of 
the Sale aforesaid, for their greatest benefit and advantage, and to 
be accountable to the said Judge of Probate for the Same. [Passed 
February 11. 



CHAPTER 208. 



ORDER IMPOWERING SIMON MIRIAM, GUARDIAN, TO SELL AN ESTATE. 



Legislative 
Records of the 
Council, 
xvii. (4), 247. 
Mass. 
Archives, 
xviii., 208. 

Mass. 
Archives, 
xviii., 207. 
Legislative 
Records of the 
Council, xvii., 
Mis., 478. 
House Jour- 
nal, pp. 144, 147. 



A Petition of Nathaniel and Simon Miriam, for themselves and 
the rest of the Heirs of their brother David Miriam, shewing that 
he died seized of a House and forty five Acres of land in Towns- 
hend valued at £380 old Tenor, which they are disposed to sell (as 
most for the advantage of all concerned.) But forasmuch as two of 
the Heirs are small Children of which the Petitioner Simon is Guar- 
dian, praying that he may be impowered to sell the said Minors parts 
with the rest. 

Read and 

Ordered that the within named Simon Miriam in his said Capac- 
ity be and He hereby is Impowered to make sale of the House and 
land within mentioned for the most the same will fetch. He giving 



' The words "of them" are underlined in the record, and in the margin appears the 
word " Sic." 



[oD Sess.] Province Li aws (Resolves, etc.). — 1743-44. 321 

sufficient Caution to the Judge of Probate for the County of Mid- 
dlesex to pay the Money it shall be sold for with the Interest to the 
said Minors when they arrive to Age. [Passed February 11. 



CHAPTER 209. 

ORDER ACCEPTING REPORT ON THE PETITION OF STOUGHTON WILLES 
IN REGARD TO DEEDS BURNT UP. 

The Comittee to whonie was Referred the Petition of Stoughton Legislative 
Willes As Administrator on the Estate of Ebenezar Willes, having councu^ ''^ *^^ 
Considered the same, & it Appearing that the deeds therein Men- xvu. (4)', 255. 
tioned were Causially burnt, & that the Estate of s*^ Nath" Willes Archives, 
devolves on the heirs to the Estate of the s'' Ebenezer Willes who xv"-. i83- 
are Minors, & that the settlement of s'' Estate is suspended pending '^^^^< \^^'^^' 
s*^ Petition. Are humbly of oppinion that the s'' Stoughton Willes 
be directed & Impowered by this Court to Execute a sufficient deed 
of said Lands to s*^ William Gilmor of s*^ two x\cres & 21 Rods of 
Land & to s*^ Robert Gilmor of s'^ Eight Acres & half & 10 Rods, 
pursuant to the boundarys thereof as mentioned in the Certificates 
thereof Exhibited with s'^ Petition. 

Isaac Little ^ Order 

Read and 

Ordered that this report be revived and Accepted.' [Passed 
February 13.'' 



CHAPTER 210. 

ORDER OF NOTICE ON THE PETITION OF THE NO. PRECINCT IN 

BRIDGWATER. 

A Petition of David Packard and others in behalf of the North R^fords^of the 
Precinct in Bridgwater; Praying that those persons who were set Council, 
ofE from the North part of Bridgwater to the second Precinct in ^^"•(*)'^^- — 
Stoughton may be restored to them, with their lands and estates, nju"p^i5L^' 
and also that part of Stoughton, which consists of a Gore of Land 
of about nine hundred Acres, may be set off to Bridgwater. 

Read and 

Ordered that the Petitioners serve the South Easterly Precinct in 
Stoughton with a Copy of this Petition, that they shew cause if any 
they have on the second Fryday of the next May Session why the 
Prayer thereof should not be granted. [Passed February 14. 



CHAPTER 211. 

ORDER GRANTING A LICENCE TO EBEN« KENDALL TO KEEP AN INN. 

A Petition of Ebenezer Kendall of Dunstable, shewing that he Legislative 
lives in a place very convenient for a Publick House which is much councu °* '^* 

' Not found in the House Journal. 

' This date is according to Mass. Archives; according to Legislative Records of the 
Council, xvii. (4) , the date is March (evidently a mistake for February) 15. 



322 



Province Laws {Resolves, efc.). — 1743-44. [Chaps. 212-214.] 



xvii. (4), 250. 
Mass. 

Archives, cxi., 
131. 

Mass. 

Archives, cxi., 
130. Legisla- 
tive Records of 
the Council, 
xvii., Mis., 479. 
House Jour- 
nal, pp. 144, 150. 
Province 
Laws, iii.,18, 
chap. 6. 



Legislative 
Records of the 
Council, 

xvii. (4), 250. 

House Jour- 
nal, p. 151. 
Ante, p. 293, 
chap. 137. 



wanting in said place, but there being no Select men in the said 
Town of Dunstable this year, the Petitioner could not obtain a 
licence in the method and at the time the law requires; and there- 
fore praying that this Court would impower the Court of General 
Sessions of the Peace to grant the Petitioner a licence to keep a 
Tavern in said place. 

Eead and 

Ordered that the Prayer of the Pet° be granted and that the Jus- 
tices of the Gen^ Sessions of the Peace for the County of Middlesex 
at their Session in March next be and they are hereby Impowered (if 
they See cause) to grant the Pef a Licence the remaining part of the 
Year, the time for granting Licences being elapsed notwithstanding. 
\_Passed February 14. 



CHAPTER 212. 

ORDER REFERRING THE PET^ OF DAN^ ADAMS & OTHERS OF MEDWAY. 

On the Petition of Daniel Adams & otliers Inhabitants of Med- 

way, [^ante, p. 293, chap. 137] 

Eead, with the answer of the Town of Medway; and 

Ordered that the further consideration of this petition be refer'd 

to the next May Session ; And it is recommended to the Town of 

Medway to accommodate the Petitioners in the mean time. [^Passed 

February 14. 



Legislative 
Records of the 
Council, xvii., 
Mis., 480. 
Mass. 

Archives, xii., 
340. 

Legislative 
Records of the 
Council, 
xvii. (4), 253. 
House Jour- 
nal, p. 152. 



CHAPTEE 213. 

ORDER ALLOWING £10 TO THE CHAPLAINS. 

Ordered that the Sum of ten pounds be granted and allowed to 
be paid out of the publick Treasury viz. One half to the Eev'' Chap- 
lain of the Hon. Board the present Year, the other half to the Eev*^ 
Samuel Checkley, the Chajjlain of the House for their respective 
Services the present Year. [Passed February 14.^ 



Legislative 
Records of the 
Council, xvii., 

Mis., 480. 

Legislative 
Records of the 
Council, 
xvii. (4), 252. 
House Jour- 
nMl, p. 1.51. 
Infra, chap. 
215. 



CHAPTER 211. 



ORDER ALLOWING £40 TO JOSIAH WILLARD ESQ" SECRETARY. 

Ordered that the sum of forty pounds be granted & allowed to 
be paid out of tlie public treasury to Josiah Willard Esq"" Secretary 
of this province in full for his service for one Year ending the third 
day of December last. [Passed February 15 ^ 

1 This date is according to Mass. Archives, Legislative Records of the Council, xvii., 
Mis., and the House Journal; according to Legislative Records of the Council, xvii. (4), 
the date is March (evidently a mistake for February) 15. 

a This order is under date of March 15, in Legislative Records of the Council, xvii. (4), 
evidently a mistake for February 15. The same is true of the following chapters, as far 
as chapter 224, inclusive. 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 323 



CHAPTER 215. K»tbe 

Council, xvii., 
Mis., 479. 
ORDER ALLOWING £60 ADDITIONAL TO JOSIAH WILLARD ESQ" SECRE- Maes. 

TARY Arcliives, cii., 

331. 



Ordered that the Sum of Sixty pounds be granted and allowed Rlfords^Jf the 
to be paid out of the publick Treasury to Josiah Willard Esq' Sec''^ xvii"?")' 252 
&c, in consideration of His extraordinary Services to the third day iiou'se Jour-' 
of December last. \^Passed Fehruarij 15. ^sthrd dlap 

214. ' 



CHAPTER 216. 

ORDER ALLOWING £200 TO THE REV'D EDWARD HOLYOKE PRESIDENT Legislative . 
OF HARVARD COLLEGE. Records of the 

Council, xvii., 
Mis., 480. 

Ordered that the Sum of two hundred Pounds be granted and Archives 
allowed to be paid out of the publick Treasury to the Eev*^ Edward iv"'-. 33i.' 
Holyoke President of Harvard Colledge over and above the Eents Legislative 
of Massachusetts Hall for one Year, ending the lO^"^ of September co^nclr* *''^ 
next, to be paid quarterly. [Passed February 15. m^use^jour^* 

nal, p. 152. 



CHAPTER 217. kl«^lthe 

Council, xvii., 

ORDER ALLOWING £150 TO WILL^ FOYE ESQ« TREASURER. Mass.*'^^' 

Archives, cli., 
330 

Ordered that the Sum of One hundred and fifty pounds be granted — — — -. 

and allowed to be paid out of the publick Treasury to AVilliam Foye Recordfof the 
Esq"" Treasurer and Keceiver General of His Maj«^ Eevenues of this xvImI)', 253 
Province, for one Year ending the %^ day of January last. \ Passed House Jour.' 
February 15. 6 j j L ,,,,,.150. 

CHAPTER 218. 

ORDER ALLOWING £25 TO THE REV'D EDWARD WIGGLESWORTH. Legislative 

Records of the 

Ordered that the Sum of twenty five p"^^ be granted and allowed Mis., 479. 
to be paid out of the publick Treasury to the Rev'^ Edward Wiggles- Archives, 
worth Hollisian Professor of Divinity at Harvard College in Cam- ''^"'•' ^'^^- 
bridge, as a Gratuity, in consideration of his faithful discharge of Rlforcfs'ofVe 
that great and important. Trust reposed in him, and for his further Counc'ii!"^ 
Encouragment therein. [Passed February 15. House*Joirr- 

na], p. 152. 



CHAPTER 219. 

ORDER ALLOWING £45 TO THE CLERK OF THE HOUSE. 

Ordered, that the sum of Forty five Pounds be granted and p^^'^Jf*^^! .1, 
allowed to be paid out of the Publick Treasury to M"" Rowland couucif,*' 
Cotton Clerk of the House for his service in that Trust, the pres- x^"- W, 253. 
ent year. [Passed February 15. na'iTisT''' 



324 



Province Laws (i?esoZve.s-, e^c.). — 1743-44. [Chaps. 220-223.] 



CHAPTER 220. 



Legislative 
Records of the 
Council, xvii., 
Mis., 480. 

Legislative 
Records of the 
Council, 
xvii. (4), 2.54. 
House Jour- 
nal, p. 152. 



ORDER ALLOWING 1/ 6 PER DIEM TO THOMAS GUSHING ESQK SPEAKER. 

Ordered that there be granted, & allowed to be paid out of the 
public treasury one shilling & six pence per diem to the honorable 
Thomas Gushing Esq"" Speaker of the House of Representatives of 
every day of his attendance in the General Court from the opening 
of the sessions on the twenty fifth of May 1743, to the end of this 
year; in consideration of his constant application in discharging 
the public affairs of the province. \^Passed February 15. 



Legislative 
Records of the 
Council, 
xvii. (4), 2.^)4. 

House Jour- 
nal, p. 152. 



CHAPTER 221. 

ORDER ALLOWING £55 TO THE DOORKEEPER OF Y^- COURT. 

Ordered that the sum of Fifty five Pounds be granted and allowed 
to be paid out of the publick Treasury to M"" Richard Hubbard, Door 
Keeper to His Excellency the Governor and this Court, in full for 
his service for one year ending the nineteenth day of February 1744, 
the said money to be paid him quarterly as it shall become due. 
\_Passed February 15. 



CHAPTER 222. 



Legislative 
Records of the 
Council, 
xvii. (4), 254. 

Province 
Laws, iii.,78, 
chap. 4. 
Infra, chap. 
224. 



ORDER ALLOWING £7. 10 TO THE JUDGES OF THE COURT OF OYER & 
TERMINER AT NANTUCKET AND A FURTHER SUM OF £7. 10 TO THE 
ATTORNEY, AND £7. 10 TO THE CLERK. 

Ordered that the sum of Seven Pounds ten shillings be granted 
and allowed to be paid out of the publick Treasury to each of the 
Five Gentlemen appointed to hold a Court of Assize &'^ on the Island 
of Nantucket in August last, and the sum of Seven Pounds ten shil- 
lings to the Attorney, and the sum of Seven Pounds ten shillings to 
the Clerk that attended that Court; in full consideration of their ser- 
vices and expence in that affair.' {^Passed February 15. 



CHAPTER 223. 



ORDER IMPOWERING THE TOWN OF WESTERN TO LEVY A TAX OF 
TWO PENCE PER ACRE PER ANNUM ON LAND. 



Legislative 
Records of the 
Council, 
xvii. (4), 2.5t!. 

House Jour- 
nal, p. 1.53. 
Ante, p. 297, 
chap. 147. 



On the Petition of the Town of Western, [ante, p. 297, chap. 
147] 

Read, and in answer hereto 

Ordered that there be and hereby is granted a Tax of two pence 
per Acre per Annum upon all the unimproved Lands belonging to 
the Non Resident and Resident Proprietors within the said Town- 
ship for the two ensuing years. [Passed February 15. 

1 Not found in the House Journal. 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 325 



CHAPTEK 224. 

ORDER ALLOWING £2. 10 FOR TRANSPORTATION OF COURT TO NAN- Legislative 

TTTPU'vr Records of the 

lUi^iVJii. Council, 

xvii. (4), 254. 

Ordered that y® Sum of Two ' j^ounds Ten Shillings be allowed & Mass. 
paid out of y^ publick Treasury to y'^ Hon^ John Gushing & Sylva- Archives, xui., 
nus Bourn Esq''^ in full for their Charge & Expence in hireing a '^^i[^_ 
Sloop to Carry y"^ Gent, appointed to hold a Special Court of Assise f^^'^^^^%^^'^^^' 
&•= at Nantucket in Aug* last to that Island/ {^Passed February 16.^ chap. 222. ' 



CHAPTER 225. 

ORDER OF NOTICE ON THE PETITION OF PELATIAH RICE & OTHERS 
OF WESTB0R6 TO BE ERECTED INTO A SEPARATE PRECINCT. 

A Petition of Pelatiah Rice and many others Inhabitants of the Legislative 
Town of AYestboro, shewing that the said Town is eleven miles in councif, *^* *^* 
length and many of the Inhabitants, especially in the Northerly xvii. (4), 257. 
part, live five or six miles distant from the place of publick Wor- House Jour- 
ship, which is now too small for all the Inhabitants; and therefore °^'PP" • 
praying that the Northerly end of the said Town, including one 
half of the lands may be erected into a separate Precinct. 

Read and 

Ordered that the Petitioners serve the Town of Westboro with a 
Copy of this 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. [^Passed February 16. 



CHAPTER 226. 

ORDER IMPOWERING GRACE PARKER, ADMINISTRATRIX, TO SELL REAL 

ESTATE. 

A Petition of Grace Parker of Charlestown Widow and Ad- R^s^^jf**^|.^ 
minist^ of Isaac Parker dec*^ Praying that she may be impowered council, 
by this Court to sell a Tract of Land left by her said Husband, mI'ss.^*^'^^^' 
lying on the West side of Sagadahock River, for the payment of Archives 
his Debts and the remainder for the maintenance of his Children. 



Read and Archives, 



Ordered that the prayer of the Petition be granted and that the Llgis'iatYve 
f be and She hereby is allowed and impowered with the Advice Records of t 



Oi 

Pef be and She hereby is allowed and impowered with the Advice Records of the 
and Assistance of Isaac Parker Zechariah Symmes and Grace Symmes M*i8.?4f!ii.' 
to Sell the land herein mentioned for the most the same will fetch nai"pp.'\*49yi52, 
and to Execute a good Deed or Deeds of the same. 153.' 

She giving sufficient Caution to the Judge of Probate for the 
County of Middlesex that the proceeds of the Sale be applyed to 
pay the Just Debts of the Dec'd. the Overpluss if any there be to 
be applyed to the best Advantage of the Children and Heirs of the 
s*^ Dec'd according to y** direction of the Said judge. [Passed Feh- 
ruary 16. 

' Legislative Records of the Council, xvii. (4), 254, reads, "£10. 10." 
' Not found in the House Journal. 

' This date is according to Mass. Archives ; according to Legislative Records of the 
Council, xvii. (4), the date is March (evidently a mistake for February) 15. 



326 



Province Laws {Resolves, etc.). — 1743—44. [Chaps. 227-229. ] 



CHAPTER 227. 



ORDER APPOINTING TRUSTEES FOR THE GRAFTON INDIAN PRO- 
PRIETORS. 



Legislative 
Records of the 
Council, 
xvU. (4)>259. 



Archives, 
xxxi.,477. 



Mass. 
Archives, 
xxxi., 476. 
House Jour- 
nal, p.. 155. 
Province 
Laws, xi., 233, 
chap. 36. Ante, 
p. 292, chap. 
135. 



A Petition of Andrew Abraham & others Indians and Proprie- 
tors of the Town of Groton/ complaining that they have been 
kept out of their Interest money for two years past, and for as 
much as the Trustees over tliem have desired a Dismission; there- 
fore praying that new Trustees may be appointed, & that they may 
be such persons as live near them, which will save them a great 
deal of expence. 

In the House of Rep''®* Read and (inasmuch as the present Trus- 
trees desire to be Excused from that Service) 

Ordered that the Prayer of the Pet" be granted and that Major 
John Jones and Cap' Edward Baker with such as the Hon^^® Board 
shall Joyn be and they hereby are appointed Trustees to the Indian 
Proprietors of Hassanamisco alias Grafton accordingly. 

In Council Read and Concur'd & Jn° Chandler Esq'' is joined in 
the Affair. \^Passed Felruarij 17. 



CHAPTER 228 



ORDER OF NOTICE ON THE PETITION OF SUNDERLAND INHABITANTS 
TO BE ERECTED INTO A SEPARATE PRECINCT. 



Legislative 
Records of the 
Council, 
xvii. (4). 262. 

Ante, p. 243, 
Chap. 11. 



On the Petition of Nathaniel Cowdrey & others, Inhabitants 
of the Town of Sunderland, \^ante, p. 243, chap. 11] 

Read and 

Ordered that this Petition be revived and that the Town of Sun- 
derland be allowed to give in their answer hereto on the Second 
Fryday of the next May Session.^ [Passed February 18. 



CHAPTER 229. 



Legislative 

Records of the 

Council, 

xvii. (4), 263. 

Mass. ORDER IMPOWERING THE TOWN OF LEOMINSTER TO LEVY A TAX OF 

Archives, cxv., oNE PENNY PER ACRE ON LAND FOR THREE YEARS. 

150. 



Archives cxv , On THE PETITION of the Select men of the Town of Leominster 
JfJeifec&of [«'^^^' P- ^^0, chap. 5] 

the Council, Read (And no Answer being given in) and 

House^Jou'r-^^' Ordered that the Prayer of the Pet" be so far granted as that the 
^n/e'"i^24b Assessors of Leominster be and hereby are Impowered to Impose 
chap! 5- p. 303, a Tax of one penny per Acre per Annum upon all the Improved 
chap. 165. ^^^ Unimproved lands in said Town for three Years next ensuing 
for the purpose herein mentioned. [Passed February 20. 

* Sic, for " Grafton." 

^ Not found in the House JournaL 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 327 



CHAPTER 230. 

ORDER OF NOTICE ON THE PETITION OF PETER TALMAN, INDIAN, FOR 
RELIEF FROM JUDGMENTS. 

A Petition of Peter Talman ' of Marthas Vineyard Indian, com- Legislative 
plaining of great injustice done him in divers Trials had before coSncfi^, ^^ '^'^^ 
Simeon Butler Esq"" one of His Majestys Justices of the Peace for xvii. (4), 264. 
Dukes County at the suit of Ebenezer Norton Esq'' Ebenezer Smith, House Jour- - 
and Thomas Butler; praying for relief from this Court. ' '^' 

Read and 

Ordered that the Petitioner serve Simeon Butler Esq' together 
with the above named Ebenezer Norton Esq"", Ebenezer Smith, and 
Thomas Butler, with Copies of this Petition, that they shew cause 
if any they have, on the second Thursday of the next May Session, 
why the prayer thereof should not be granted. \^Passed February 20. 



CHAPTER 231. KWthe 

Council, 

ORDER WITH STAY OF EXECUTION REFERRING THE PET^ OF JOHN Mass.^*^' ^^" 

WOLCOT ESQ'*. Archives, xlii., 

441. 



On the Petition of John Wolcot Esq' [ante, p. 286, chap. 117]. Krdso7the 
Read with the Mem° of Jn° Read Esq' for the Pet' & xvii"!^' 56 66 

Ordered that the Consideration of this Pet"^ be refer'd to the House Jour- 
second Tuesday of the next Sitting of this Court & Execution is ^^1^^'-^%^^ 
staid in the mean time. [Passed February 20.'' chap! li-. 



CHAPTER 23 2. Kro7the 

Couucil, 

ORDER ALLOWING £500 TO THE JUSTICES OF THE SUP« COURT. Ma'ss.^*^'^*' 

Archives, xlil., 
455. 

Ordered that the Sum of five hundred pounds be granted and ' . 

allowed to be paid out of the publick Treasury to the Hon: the Rlfords'of the 
Justices of His MaJ^^ Sup' Court of Judicature, Court of Assize, Mis.^lsi'"''"'' 
and Gen' Goal Delivery, for their Services for one Year, ending House Jour, 
the first of January last. [Passed February 21. na,p. 



CHAPTER 233. 

ORDER IMPOWERING THO. WHITE TO SELL A PART OF AN ESTATE. 

A Petition of Thomas White and Sarah his wife, formerly Sarah Legislative 
Broughton, and James Wilder, Guardian of Copia and Patience council, 
Broughton, minors, praying to be impoAvered by this Court to sell Ma^gg.^*^'^^^' 
their part of the real estate of their Grand Father Josiah Wheeler Archives, 

Read and Archives, 

» The House Journal, p. 160, reads, " Salmon." 

' This date is according to Mass. Archives and the House Journal ; according to Legis- 
lative Records of the Council the date is February 21. 



328 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 234-236.1 



Lrgisiltiv'e Ordered that the Prayer of the Pet" be granted and that the Pet"" 

Records of the James Wilder be and he hereby is enabled and impowered to Sell the 
Mis., 483.*'^ " land herein mentioned for the most the same will fetch. He giving 
nai"pp-i59|^i6i. Sufficient Security to the Judge of Probate for the County of Worces- 
ter to Account for the produce thereof to the Minors within named 
when they come of Age or are marryed. \^Passed Fehruary 21. 



liCgislative 
Records of the 
Council, 
xvii. (4),266. 
Mass. 
Archives, 
Ixiv., 239. 

Legislative 
Records of the 
Council, xvii., 
Mis., 482. 
House Jour- 
nal, p. 161. 



CHAPTEK 234. 

ORDER ALLOWING £32, 10 AND A FURTHER SUM OF £15 TO ROB^ BALL. 

A Petition of Robert Ball Keeper of the Light House praying 
that this Court would make a proper Allowance for his service the 
last year, as also order payment of the charge of Fire wood burnt 
for keeping the Oyl in the lamps from congealing in the cold season. 

Read and 

Ordered that the Sum of thirty two pounds ten shillings be 
allowed out of the publick Treasury to the Pef for his Service 
the last year ending the 8^'' of November last as Keeper of the 
Light House And that He be allowed the further Sum of Sixteen 
pounds expended for firewood for the greater Benefit of the Lights. 
[^Passed February 21. 



CHAPTER 235 



ORDER IMPOWERING SOL. BRIANT, INDIAN, TO SELL LAND. 



Legislative 
Records of the 
Council, 
xvii. (4), 267. 
Mass. 
Archives, 
xxxi., 481. 

Mass. 
Archives, 
xxxi., 480. 
Legislative 
Records of the 
Council, xvii., 
Mis., 482. 
House Jour, 
nal, p. 161. 



A Petition of Solomon Briant of Mashpee, Indian, praying for 
liberty to sell a Tract of Land in the Town of Falmouth of about 
one hundred Acres, to enable him to pay the debts he has contracted 
for the maintenance of his aged Mother, and for the charge of the 
sickness of his children, the Remainder for his more comfortable 
support. 

Read and 

Ordered that the prayer of the Pet" be granted and the Pef is 
hereby allowed and impowered with the Advice and Assistance of 
Sylvanus Bourn Esq"" to Sell the land therein mentioned, the produce 
thereof to be applyed to the payment of his Just Debts, and for his 
more comfortable Support. [^Passed Fehruary 21. 



CHAPTER 236. 



Legislative 
Records of the 
Council, 
xvii. (4), 271. 
Mass. 
Archives, 
xxxi., 479. 

Mass. 
Archives, 
xxxi., 478. 
Legislative 
Records of the 



ORDER IMPOWERING AMOS AHANTON, INDIAN, TO SELL LAND. 

A Petition of Amos Ahantoii of Puncapaug, Indian, praying 
for liberty from this Court to sell two acres and an half of land in 
said place, for his more comfortable support in his old age. 

Read and 

Ordered that the Prayer of the Pet" be granted and the Pef is 
hereby allowed and impowered with the Advice and Assistance of 



[3d Sess.] Province Laws (^Resolves, etc.). — 1743-44. 329 

John Quincy Esq"' to make sale of the land within mentioned for Council, xvii., 
the most it will fetch, the produce thereof to be applyed to the Hou'se^Jour- 
purposes herein mentioned. \_Passed February 21. I'li. p- i^s. 



CHAPTER 237. 

ORDER IMPOWERING JOSEPH AND HAN" BADGER TO SELL AN ESTATE. 

A Petition of Joseph Badger of Haverhill & Hannah his wife, Legislative 
sole Administ'' on tlie Estate of her late husband Ebenezer Pierson coundf,*^^*^^ 
dec*^ and the Heirs of the Deceased that are of age and the Guar- ^^Ji- (4).269. 
dians of those that are in their minority; praying that they may Archives, 

be impowered to make sale of the House and Land in Bradford, ^^'"•' '^^^' 

whereof the said Intestate died seized, with his right of the Ferry Archives 
over Merrimack Eiver; which will be very beneficial to tlie said xviii., 211. 

■,,. "^ Legislative 

Minors. Records of the 

Read and m1"."484.''''"" 

Ordered that the Prayer of the Pet" be so far granted as that the House Jour- 
Pef* be allowed and impowered to Sell the Estate herein mentioned '^ '^^' ' " 
for the most it will fetch and to pass a good Deed or Deeds for the 
Same, first posting up Notifications of the time and place of Sale 
on some publick place in the Towns of Haverhill and Bradford 
thirty days at least before the time of Sale, and also give full and 
sufficient Caution to the Judge of Probate for the County of Essex 
that the produce of such Sale shall be Justly according to Law pro- 
portion'd to and amongst the Lawful Heirs. [Passed February 22. 



CHAPTER 238. 

ORDER OF NOTICE ON SAM'- INDICOTS PETITION TO DECLARE A DECREE 
OF THE COURT VOID. 

A Petition of Samuel Indicot of Salem ; Shewing that his Great Legislative 

Records of the 

Grand Father John Lidicot dec'^ sold to M' John Hull dec*^ One thou- Council, 
sand Acres of Land, granted him by the General Court of the late xvn. (4), 2.0. 
Colony, in consideration of his Adventure of £75. for the service Refords'of the 
of the Colony, that the said John Hull procured the said Land to Council, vi., 
be laid out on Hog Island and Merriconeag Neck in Casco Bay, that journal, p.Te*^ 
Samuel Sewall Esq'' dec^ (who had married with the Heiress of the £aw"vfi. 32 
said John Hull) finding, many years after, that the land at Merrico- chap. 4; 89, 
neag had been before granted to the College, apjolied to the General *^ ^^' 
Court and procured an Order that an other Grant of Five hundred 
Acres of land made to the said John Indicot should be laid out to 
him instead of that at Merriconeag; praying that the said Vote of 
the General Court (which was pass'd November 20"' 1695) may be 
declared null and void, or that the Petitioner may be otherwise re- 
lieved by this Court. 

Eead and 

Ordered that the Petitioner serve Samuel Sewall Esq"" of Brooklyn 
with a Copy of this Petition, that he shew cause, if any he liath, on 
the first Fryday of tlie next May Session, why the prayer of the Peti- 
tion should not be granted. [Passed February 22. 



330 



Province Laws {Resolves, etc.) . — 1743-44. [Chaps. 239, 240.] 



CHAPTER 239. 



Legislative 
Records of the 
Council, 
xvii. (4), 272. 
Mass. 
Archives, 
Iviii., 333. 

Mass. 
Archives, 
Iviii., 332-334. 
Legislative 
Records of the 
Council, xvii , 
Mis., 48;i. 
House Jour- 
nal, p. 161. 



ORDER IMPOWERING THE SOUTH PRECINCT IN BRIDGWATER TO SELL 

SCHOOL LANDS, 

A Petition of Josiali Edson, Agent for the South Precinct in 
Bridgwater, shewing that in the Year 1723, Josiah Edson of said 
place Esq'' (now deceased) gave by Deed to the said Precinct about 
twenty Acres of uncultivated land for the use of a School; but for- 
asmuch as the said land has never yet been under any Improvement, 
nor like to be as it now lies; therefore Praying that this Court would 
give power for selling the said land, that the produce thereof may 
be applied for the benefit of a School, as was designed by the Donor. 

Read and 

Ordered that the Prayer of the Pet" be so far granted as that the 
Parish Trustees for the said South Precinct that may be chosen in 
March next be and they or the Major part of them are hereby fully 
Authorised and Impowered to make sale of the lands herein men- 
tioned first giving publick Notice of such Sale by Posting up the 
same in two publick places of said Town of Bridgwater thirty days 
before the time of Sale, and to pass a Legal Deed or Deeds of the 
same. The proceeds of such Sale The said Trustees shall as soon 
as may be lett out on Interest on sufficient land security payable to 
them or their Successors in said Office. Who are hereby appointed 
Feoffees in Trust to manage this x-iffair untill the further Order of 
this Court, Who may from time to time recieve the Interest arising 
thereon, and the Principal as often as it shall become due. and if 
need be to Sue for and recover the same and the Principal so re- 
cieved to lett out again on real Security as afores'd Always provid- 
ing in the Bonds and Mortages that the Value of the Principal be 
Secured and always kept good, and the whole Interest of the Money 
that may arise from time to time shall be applyed to the use of a 
School or Schools in the said South Precinct forever. 

Each Sett of Trustees to Account to the next immediate Successors 
and to this Court when thereto required. [^Passed February 22. 



CHAPTER 240 



Legislative 
Records of the 
Council', xvii.. 
Mis., 485. 
Mass. 
Archives, 
xlvi., \m. 

Mass. 

Arcliives, 
xlvi., I.i8. 
Legislative 
Records of the 
Council, 
xvii. (4), 274. 
House .Tour- 
nal, p. 164. 
Ante, p. 140, 
chap. 30. 



ORDER CONFIRMING A PLAT OF 4,000 ACRES OF LAND TO THE PRO- 
PRIETORS OF NEW SALEM. 

A PLAN of four thousand acres of land laid out to the proprietors 
of New Salem, to satisfie them by the Great and General Court of 
the Province .of the Massachusetts Bay &c, at there session June 
17*'' 1742. which land is bounded East and West on unappropriated 
land, south of Salem, original north bounds, and north on Millars 
river beginning at a small hemlock tree, standing at Salem north 
west corner, from which it rims North 10° 00 East 900 perch, and 
from the said hemlock tree east 1,047 perch thence north 500 perch 
to Millars river protracted by a scale of 150 perch to one inch. Sur- 
veyed October 15 1742 

Hadley Feb>' 4. 1743/4. per me Nath''- Kellogg, Surveyor 



[3d Sess.] Province Laws (^Resolves, etc.), — 1743-44. 331 

Read and 

Ordered i\\&>t the within Plat be accepted and the lands herein 
delineated and described be and they hereby are confirmed to the 
Prop'' of New Salem their Heirs and Assigns for ever Provided the 
lands herein described exceed not the Quantity of four thousand 
Acres and does not interfere with any former Grant. \^Passed Feb- 
ruary 22. ' 

CHAPTER 241. »r»the 

Council, xvli., 

VOTE TRANSFERRING APPROPRIATION. Mis^^J85^ 

Legislative 
Records of the 

Voted that the sum of One hundred & twenty eight pounds fifteen council, 
shillings and six pence, bo and hereby is removed from the appro- n^use Jour-' 
priation for grants in the last act for supply of the treasury to the p^Jj^'incf " 
appropriation for the payment of such matters and things, where. Laws, m., m, 
[there] ^ is no establishment. \^Passed February 22.^ ° ^'^' 



CHAPTER 242. 

ORDER GRANTING A LICENCE TO JAMES LEWIS TO KEEP AN INN. 

A Petition of James Lewis of Barnstable in the County of |^gf^rd"of the 
Barnstable; shewing that the Justices of the said County, at the council, 
time appointed by Law for granting Licences to Taverners &*" by \l^^^[^^' ^'^' 
mistake left the Petitioner out of the number of Taverners, tho he Archives, cxi., 

has folloAved that employment for many years, without any excep- ^^-^^ 

tion made to his conduct; therefore Praying that the said Justices Archives, cxi., 
may be impowered to grant the Petitioner a Licence at the next jo^i\rn^i'"j^.*']6ri. 
Court of General Sessions of the Peace. Province 

Laws, 111., 18, 

Kead and chap. 6. 

Ordered that the Justices of the Gen^ Sessions of the Peace for 
the County of Barnstable at their Session in March next be Impow- 
ered to grant the Pef a Licence to keep a publick House of Enter- 
tainment (if they See cause) the time for granting Licences being 
elapsed notwithstanding. \^Passed February 23. 



CHAPTER 243. 

VOTE CHOSING CHRISTOPHER KILBY AS AGENT. 

This day being appointed for the choice of an agent for the Legislative 
Province, both Houses proceeded to the said choice; and the votes c^undf, xvi% 
of the House of Representatives being brought up by a committe ^tis., 4S4. 
of that house, and numbered together with the votes of the Conn- ^^f^^|fg**Jf ^^^ 
cil. Christopher Kilby Esq'' was chosen by a major vote of both councif,*'_ 
Houses. [^Passed February 25. 2ra,28L 'House 

1 This date is according to Mass. Archives, Legislative Records of the Council, xvii., p 170 Je?-. 
Mis., and the House Journal ; according to Legislative Records of the Council, xvii. (4), 
the date is February 23. 

» Inserted from Legislative Records of the Council, xvii. (4), 277. 

3 This date is according to Legislative Records of the Council, xvii.. Mis., and the House 
Journal ; according to Legislative Records of the Council, xvii. (4), the date is February 24. 



332 



Province Laws {Resolves, etc. ) . — 1743-44: [Chaps. 244-24(5.] 



CHAPTER 244. 



ORDER ANNEXING SUNDRY INHABITANTS OF NEEDHAM TO NATICK. 



Legislative 
Records of the 
Council, 
xvii. (4), 279. 
Mass. 

Archives, xii., 
339. 

Mass. 

Archives, xii., 
338. Legisla- 
tive Records of 
the Council, 
xvii., Mis., 487. 
House Jour- 
nal, p. 168. 
Ante, p. 219, 
chap. 219. 



A Petition of John Goodenow, Stephen Bacon, John Under- 
wood, Thomas Frost, Edward Ward, Timothy Bacon and Moses 
Fish, all of the Town of Needham, setting forth their distance 
from the place of publick Worship there, and their more conven- 
ient situation for the Town of Natick, and praying to be set off 
to the said Town of Natick. 

Eead & 

Ordered that the pet" with their Estates they live on be set of 
from the Town of Needham Annexed to the Town of Natick to 
do duty & receive priviledges there And that the pet" pay to the 
Town of Needham all Such rates & Taxes as have Already been 
raised Upon the pet•"^ [^Passed February 25. 



CHAPTER 245. 



VOTE GRANTING 120 ACRES OF LAND TO SAMUEL AND ELIAKIM 

WINCHELL. 



Legislative 
Records of the 
Council, 
xvii. (4), 280. 
Mass. 
Archives, 
xlvi., 153. 

Mass. 
Archives, 
xlvi., 152. 
Legislative 
Records of the 
Council, xvii.. 
Mis., 486. 
House Jour- 
nal, p. 169. 



A Petition of Samuel Winchel, Shewing that he has made sev- 
eral settlements upon Province Land but has been broken up by 
the running the Lines of some new granted Towns; that he has a 
numerous family, and therefore Praying for the Grant of a trian- 
gular piece of land near the place where he now resides, containing 
about one hundred & twenty Acres, to him and his eldest Son. 

Eead & thereupon 

Voted that the Land Mentioned In the Petition be granted to 
the petitioner for Life & the reversion or Eemainder to his Two 
Eldest Sons Sam^ Winchell & Eliakim Winchell 1\\ Equal parts In 
fee provided It Doth not Exceed the Quantity of One Hundred & 
Twenty Acres And that the pef Eeturn a plan thereof to this Court 
taken by A Skillfull Survey'' & Chainmen on Oath within Twelve 
Months for Confirmation. [^Passed February 25. 



CHAPTER 246. 



ORDER FOR A NEW PRECINCT IN BRIDGWATER & MIDDLEBORO. 



Legislative 
Records of the 
Council, 
xvii. (4), 281. 
Mass. 

Archives, cxv., 
128. 

Mass. 

Archives, cxv., 
125. Legisla- 
tive Records of 
the Council, 
xvii.. Mis., 541. 
House Jour- 
nal, p. 171. 
Ante, p. 259, 



On THE Petition of divers Inhabitants of Bridgwater and Mid- 
dleboro, \ante, p. 200, chajD. 154] 

Eead and the matter being fully considered 

Ordered That the Prayer of the Petition be granted and that all 
the Land withinmentioned (containd within the Bounds hereafter 
mentioned and the Inhabitants dwelling thereon) Viz* beginning at 
the great river, at the Northwesterly corner of David Alden's home- 
sted thence runing Southerly between the lands of Said David and 
Ebenezer Alden until it comes to the head bounds then including 
the lot laid out to the right of Josiah Winslow Esq'' and the Packade 



[3d Sess.] Province Laws {Resolves^ etc.). — 1743-44. 333 

eighty Acres So called, thence including the lot of Benjumin Bartlet chap, isl.^" ''^'^^' 
Number nine till it comes to the highway thence bounded by the 
highway till it comes to the lot N*' Seventeen formerly John Cobbs, 
now owned by Elkanah Leonard Esq"" including Said lot till it comes 
to Titicut Meadows and then bounded by Said Meadows to the Lot 
originally belonging to William Pontry including Said lot home to 
the line of Middleborough West Precinct and So bounded Westerly 
by the line between the Precincts until it comes to the great river 
at the Mouth of Trout brook thence up stream by Said river to 
the bounds first mentioned, (including the hundred acre lot on the 
south Side of Trout brook on which Simeon Leonard now dwells) 
then to begin at the great Kiver aforesaid Some distance above the 
Mouth of Middleborough river at tlie East or South Easterly bounds 
of Samuel Packards land on the Easterly Side and thence North to 
the four Mile line, So called, thence West by Said four Mile line 
until it comes to the bounds between Bridgwater and Eaynham 
thence Southerly by Said line until it comes to the great river 
thence up Stream until it comes to the East or South Easterly 
bounds of Sam^ Packards land aforesaid be and hereby are Set oli 
a distinct or seperate Precinct and that the said Inhabitants do 
duty and receive Privilege to all intents and purposes as other Pre- 
cincts within this Province do or by Law ought to enjoy. [^Passed 
February 25. 



CHAPTER 24:7. 



ORDER CONFIRMING A PLAT OF 191 ACRES OF LAND TO EBEN" JONES. 

A Plat of One Hundred and thirty one Acres of land laid out ggfor^fof ji^e 
by Joseph Blodget Surveyor and Chain men on Oath, to fulfill a Council, 
grant made by the General Court to Ebenezer Jones at a Place Mass.^ 
called Wales near Somers, Joining to the South East Corner of ^/^^';''i|f; 

Springfield, bounded on the North by Springfield Line, West by :^^^ 

the Two hundred Acres granted to M"" Collins, South by M"" Stephen Archives, 
Williams's farm, & East by Common Land: the first bounds being Legisii^Ve 
a stake and stones (the North East corner of M"" Collins's grant) g^^^^"?,^ "'^^j'® 
standing in Springfield line, from thence running East &° Mis., 486.' 

"D„„/i e^ House Jour- 

-Kead (te nal, p. 169. 

Ordered that this platt be Accepted And that the Lands therein -^^l^'^l^^^'^' 
Delineated & described be Confirmed to Eben"" Jones his Heirs & 
Assigns for Ever provided it doth not Exceed the Quan[t]ity of One 
Hundred & Ninety one Acres nor Interfere with Any former G-rant. 
\^Passed Fehruary 25.^ 



CHAPTER 248. 

ORDER SETTLING A BOUNDARY LINE BETWEEN GROTON AND LIT- 
TLETON. 

A Petition of William Lawrence Esq"" Eepresentative of the Legislative 
Town of Groton, shewing that this Court, in setting off Peleg council. 
Lawrence and others from Groton to Littleton, were led into a^^^-W'^*^* 

1 This date is according to Mass. Archives and Legislative Records of the Council, xvii., 
Mis. ; according to Legislative Records of the Council, xvii. (4), the date is February 28. 



384 



Province Laws {Resolves, etc. ) . — 1743-44. [Chap. 249. ] 



Mass. 

Archives, cxv., 
173. 

Mass. 

Archives, cxv., 
172. Legisla- 
tive Records of 
tlie Council, 
xvii., Mis., 487. 
House Jour- 
nal, pp. IIH, 120, 
170. Province 
Laws, xii., 531, 
chap. 129. 



mistake by reason of the Eepresentative of Groton for the year 
1738 not being sufficiently acquainted with the circumstances of 
the Town of Groton and the Petitioners; & tlierefore praying 
that the Line of Jurisdiction between Groton and Littleton (which 
in the said Order is wrong stated) may be rectified. 

Read and thereupon 

Ordered that the prayer of the pet° be So farr Granted as that for 
the future that part of the Line of Jurisdiction between the Towns 
of Groton & Littleton Agreeable to the pet" of Peleg Lawrance & 
Others to this Court In 1738 Shall be as followeth Viz to begin at 
the Northwest Corner of Stony brook pond then Running to the 
Most Northerly part of Spectacle pond At tlie beginning of a Small 
Brook Called Bennetts Brook and So to run uj3 the pond to South 
Brook And running Up the Brook to the dividing Line between 
Littleton & Groton property Not to be Affected thereby. \^Passed 
February 27. 



CHAPTER 249 



ORDER GRANTING ADDITIONAL LAND TO THE TOWN OF SHEFFIELD. 



Legislative 
Records of the 
Council, 
xvii. (4) , 284. 

House Jour- 
nal, pp. 149, 160. 
Province 
Laws, X., 189, 
chap. 82. 



A Petition of Nathaniel Austin in behalf of the Town of Shef- 
field, shewing that the Original Grant of the said Town was for 
seven miles square, that by mistake in running the Lines, the Plat 
that was allowed did not contain that whole quantity, notwith- 
standing which the Court have since taken off a mile square from 
them; praying that their whole quantity of land may be made up 
to them and that the mistakes in running the Lines may be rectified. 

Read, & it appearing from the Plats of Sheffield and the four 
Towns lying contiguous, that the East boundary of Sheffield was 
a Line drawn from a Pine Tree about sixty rods from the Colony 
Line to a Stake and heap of Stones near six mile Pond; (from 
thence the same course one mile and 127 rods; thence North 9 
Deg. East to a Black Oak Tree marked with stones about it) one 
mile and twenty eight rods, and that the Stake and heap of Stones 
was to be the South West corner of the Township Number One, 
and the North West Corner of the Township Number Two. And 
it further appears from the declaration of Cpt. Chandler the Sur- 
veyor and from a petition of a Committee for the Petitioners for 
the Township Number Two, that a Line was described from said 
Stake and heaj) of Stones, and in it many Trees marked, which was 
accounted the East bounds of Sheffield ; and from thence the Town- 
ship Number Two was measured and described ; which in the sev- 
eral Plats is said to be from said Pine Tree to said Stake and heap 
of Stones No. 2. Deg. West, which in all probability is a mistake 
in the entry on said Plats, and the said Line is really North 2 Deg. 
East; that therefore a strait Line from the before mentioned Stake 
and heap of Stones to the before mentioned Pine Tree, and thence 
the same course to the Colony Line, is and shall remain in the Divi- 
sional Line between Sheffield and the Township Number Two, and 
that the said Line be run by a skilful Surveyor and Chain men under 
Oath, and that a Report of the course be made to this Court and 
that a Line parallel thereto drawn from a White Oak Tree men- 
tioned in the Plan at the North West Corner of Sheffield to the 
Colony Line be the West boundary of Sheffield Grant. And further 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 335 

that each Original Eight of Land lying below the Indian Land in 
said Sheffield on which tlie Conditions of settlement have not been 
fulfilled, belonging to Matthew Noble, Major John Day, Jonathan 
Ashley, and Nathaniel Leonards heirs, sliall pay the one hundredth 
part of the Taxes arising on said Town from time to time, and the 
said Town of Sheffield are hereby authorized to tax the same accord- 
ingly until the further Order of this Court. And further that the 
Lands lying between Sheffield West Line, and Taucanuck Moun- 
tain and South of the Indian Land be annexed to the Town of 
Sheffield, so far as that the said Town shall have the Jurisdiction 
of said Land during this Courts pleasure, & that the said Land be 
annexed to the County of Hampshire And that the Ministry Land 
lying between the Indian Land in Sheffield and Ingersols Mills, so 
called, on Housatanuck River be and remain to and for the use of 
the Ministry in the Town of Sheffield, agreable to the Intent of the 
Original Grant, and that the same be and remain for ever free from 
being Taxed in' the Precinct lying between Sheffield & Stockbridge 
where the said Lands ly. \^Passed February 27. 



CHAPTEE 250. 

ORDER CONFIRMING A PLAT OF 8,064 ACRES OF LAND FOR HATFIELD 
AND ESTABLISHING THE BOUNDARIES OF NORTHAMPTON DEERFIELD 
AND HATFIELD. 

A Plat of Eight Thousand and Sixty four Acres of land laid Legislative 

"X-r 1 • 1 T^ -in o r^^ ■ /^ ii J J? ^cl^^ ReCOrds of tlie 

out by Nathaniel Dwight Survey"" & Cham men on Oath, to lultiii council, 
a grant made by the General Court to the Town of Hatfield; bound- mIi^s.^*^'^^^' 
ing Easterly partly on Hunts Town, so called, (as is supposed) and Archives, cxv., 

partly on M"" Experience Mahews Farms and D' Barnards heirs land; — ^ 

Southerly, partly on M' Mahews Farm and partly on unappropriated Archives, cxv., 
land; and Westerly and Northerly on unappropriated Land. wvei^cords' 

Uead & xiif %ii°s"°4r' 

Ordered ihoit this plan be Accepted & the Lands therein delineated House Jour. '' 
& described be Confirmed to the Town of Hatfield provided that it provlncef" 
Doth not Exceed the Quantity of Eight thousand & Sixty four Acres Laws, x.,32, 
nor Interfere with Any former Grant provided Also that the S'' Town ^n/e.'p.so, 
of Hatfield Accept thereof In full Consideration of the Lands Taken "^^[f^'^ p-^^^' 
from S** Town Either by Northampton or Deerfield And that the Set- 
tlement of the Line between Northampton and Hatfield by the Gen- 
eral Court Nov"" 1720 & that the Settlement between the Town of 
Deerfield & Hatfield Agreeable to the platt returned by Deerfield In 
the year 1741 are hereby ratified & Confirmed as a final Settlement 
of the the' Lines of s'^ Towns. ^Passed February 28. 



CHAPTER 251. 

ORDER ON THE PET^' OF JOHN MURDOCK ESQ«8 & OTHERS OF PLYM- 
OUTH TO BE ERECTED INTO A PRECINCT. 

A Petition of John Murdock and a great number of others Legislative 
Inhabitants of Plymouth in the first Precinct Shewing that the ^^li^^cu^* *^^ 
said Precinct is large, and the Petitioners being desirous to be set xv"- (*)'. 247, 

' Sic. 



336 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 252, 253.] 



Mass. off from them, applied to the Precinct, who did not see meet to 

320-337!^ House grant their Petition; and therefore Praying that the Petitioners 
Journai,^^^ with such as shall hereafter join with them (their Families and 
Estates) may be made a separate Society, the Minister with the 
Minister of the first Precinct to be equally supported by a Tax 
on the whole, and the Ministerial Lands also to be equally divided 
between them. 

Eead together with the answer of the adverse parties, and 
Ordered that the prayer of the Petition be so far granted as that 
the Petitioners, together with their Families and Estates they now 
hold in their own right, and those hereafter dwelling on them, 
together with such persons and their Estates as shall hereafter, 
within six months next coming, signify their desire under their 
hands in writing, to be annexed to them, and give in the same to 
the Secretarys Office, be and hereby are set off a distinct and sep- 
arate Precinct, to hold and exercise the same privileges as all other 
Precincts within this Province have, and bylaw do enjoy; Provided 
that no more shall, by giving in their names as aforesaid, be set off 
with the Petitioners, than will together with the Petitioners, amount 
to one half of the North Precinct in Plymouth, as to Eeal Estate, 
according to the last Valuation of Estate in said Precinct. \^Passed 
February 29. 



CHAPTER 252. 



ORDER IMPOWERING JOHN HARMAN TO SELL A RIGHT IN A TOWN- 
SHIP. 



Legislative 
Records of tlie 
Council, 
xvii. (4), 291. 
Mass. 
Archives, 
xviii., 200. 

Mass. 
Archives, 
xviii., 199. 
Legislative 
Records of the 
Couucil, xvii., 
Mis., 488. 
House .Jour- 
nal, pp. 170,175. 



A Petition of John Harman of York, shewing that Ebenezer 
Moulton of said place (who married the Petitioners Daughter) died 
Intestate, leaving three small Children and a little Estate, part of 
which is a Right in the new Town above Berwick, that the Widow 
of said Moulton is now dead, and therefore praying that the Peti- 
tioner may be impowered to sell the said Right for the payment of 
the charge arising thereon, and the Remainder of the Produce to 
be for the support of said Moultons Children. 

Read and 

Ordered that the Prayer of the Pet" be granted and the Pef is 
hereby allowed to Sell the right of Ebenezer Moulton in the Town- 
ship at the Head of Berwick, and to Execute a good Deed or Deeds 
thereof. He first giving sufficient Caution to the Judge of Probate 
for the County of York that the proceeds of said Sale be applyed 
to the payment of the Charge which has arisen about the same; 
the Overpluss to be applyed for the Support of the s<^ Moulton's 
Children. \^Passed February 29. 



CHAPTER 253. 

ORDER IMPOWERING THE TOWN OF DARTMOUTH TO CHOOSE TAX 

COLLECTORS. 



Legislative A PETITION of the Select Men of the Town of Dartmouth, Shew- 

Cofincif, ^ ^ ing that by reason of some irregularities in the Town Meetings, and 
Mass.^*^'^°^' other mismanagements, they are now without Constables or Collect- 



[oD Sess.] Province Laws {Resolves, etc.). — 1743-44. 337 

ors of Taxes, and cannot cluise any for collecting the Taxes of the Archives, cw., 

last year, by Law; and therefore praying that this Court would pro- ^— 

vide a remedy for them. Archives cw 

Read & _ illrve Rio«ii' 

Orderd That the prayer of the petition be so far granted as that of the council, 
the Lihabitants of the Town of Dartmouth be & hereby are enabled -^^"■' ^^'^•' *'^^- 
& impower'd at their annual meeting in March next for the choice 
of Town Officers for the ensuing year to chuse one or more per- 
sons to serve as Constables or Collectors to gather such Rates & 
Taxes as may remain ' in said Town for the last or any preceeding 
years & the said Constables or Collectors so chosen are fully im- 
power'd to collect the same & shall be liable to the same penalty 
for refusing to serve in such Office as any other Constable chosen 
& refusing to serve in said Town is or would by Law be liable to.* 
\^Passed Marcli 1.^ 

CHAPTER 254. 

RESOLVE DIRECTING THE ACCEPTANCE OF THE ACCOUNTS OF JON^ 
ADAMS, ADMINISTB, SETTLING AN ESTATE. 

A Petition of Jonathan Adams of Medway in the County of ^gfo^d^of the 
Suffolk, Adminisf of the Estate of Jasper Adams of said place Council, 
dec<^ Shewing that since his undertaking that Trust, he has been Mass/*^'^*'^" 
visited by a Cancer, which has now prevailed so far upon him, as ^^fi'j'^^2^22 

that he is utterly unable to travel and make up the Accompt of his '- — - — '- 

Administration with the Judge of Probate, which is only wanting Archives, 
for the full settlement of the Estate : and therefore Praying that Llglsiative 
the Judffe of Probate may be enabled to impower some person to Records of the 

o t/ • -1 • T (JOllllCll XVll 

take his Oath, or that he may be otherwise relieved. mib., 489. '* 

Read & in Answer to this Petition 

Resolved that the Pef making Oath before a Justice of the peace 
to the Truth of such his Accounts of Administration on the within 
named Deceased's Estate, as shall be exhibited to the Judge of Pro- 
bate for the County of Suffolk for his Allowance, The said Judge be 
& he is hereby authorized to receive & allow of said Accounts (the 
several Payments therein mentioned or Services performed being 
otherwise vouch'd as usual) & such Allowance shall be deemed as 
valid & effectual to all Intents & Purposes as if the said Adm' had 
in Person appeared & rendred his Accounts to the Judge on Oath 
in manner as has been usual." [^Passed Marcli 2. 



CHAPTER 255. 

ORDER APPOINTING A COMMITTEE TO VIEW THE LAND IN TITICUIT. 

A Petition of Nehemiah Washburn, James Boise, and Israel Rlfordfofthe 
Washburn, shewing that they purchased of the heirs of one Edward council, __ 
Mitchel lands in Tetticut which the said Edward had fairly pur- iHrf.'/xvii.',' ' 
chased of the Indian Natives there; on which land the Petitioners ^is., m.. 
have built and have made considerable improvements thereon; and House Jour- 

^ nal, pp. 16S, 179. 

» MS. of this word mutilated. 
" Not found in the House Journal. 

3 This date is according to Mass. Archives and Legislative Records of the Council, 
xvii., Mis. ; according to Legislative Records of the Council, xvii. (4) , the date is March 2. 



338 



Province Laws (i?e6'oZves, etc.). — 1743-44. [Chaps. 256, 257.] 



if ^^' 223^^^' there being differences between the Petitioners and the said Indians, 
therefore Praying that a Committee may be appointed to consider 
wliat land shonkl be sold to satisfy the Petitioners for the demands 
they have on them. 

The Committee to whom was referred the petition of Nehemiah 
Washburn and others, have considered thereon, and apprehend that 
something ought to be allowed the petitioners, in lieu of the con- 
sideration money in their deed mentioned, exclusive of any inter- 
est, they relinquish to the Indians any pretence of title to the lands 
therein contained, and that a Committe at the petitioners charge 
repair to Titicut veiw the lands, and report to this court at their 
next sessions, what they may judge to be a reasonable allowance 
by the petitioners. 

All which is humbly submitted by order. Jn° Cushing. 

In Council. Eead and accepted, and 

Ordered i\\2ii John Cushing Escf with such as the honorable House 
may join be a Committe for the above mentioned purposes. 
In the House of Eepresentatives 

Eead and concurred, and M' Godfrey and Major Eichmond are 
joined in the affair. \^Passed March 2. 



CHAPTEK 256 



Legislative 
Records of the 
Council, 
xvii. (4), 302. 
Mass. 

Archives, cxv., 
210. 

Legislative 
Records of the 
Council, xvii., 
Mis., 491. 
Ante, p. 167, 
chap. 92. 



VOTE FOR CALLING A MEETING OF THE GRANTEES OF A NEW TOWN, 
GRANTED TO THE TOWN OF FRAMINGHAM. 

Voted that Joseph Buckminster ju'' Esq. be and hereby is directed 
and impowered to call the first meeting of the Proprietors of tlie new 
Township ' Granted to Sundry Inhabitants of the Town of Framing- 
ham lying on y*^ north of Wendalls Town commonly so called by post- 
ing up Notification^ of y* Time and place of Such Meeting within 
Said Town of Framingham fourteen Days at least before the Time 
of said meeting.^ \^Passed March 2. 



CHAPTER 257. 



Legislative 
Records of the 
Council, 
xvii. (4), 303. 
Mass. 
Archives, 
xxxi., 486. 

Legislative 
Records of the 
Council, 
xvii. (4), 2.51. 
House Jour- 
nal, pp. 150, 183, 
184. Province 
Laws, ii., 383, 
chap. 3. 



ORDER ACCEPTING THE REPORT IN REGARD TO TIMBER AND LAND OF 
NATICK INDIANS AND APPOINTING A COMMITTEE THEREON. 

The Committee to whom was refer'd the Eepresentation of Eben- 
ezer Felch of Natick, relating to the Wood and Timber growing on 
the Indian Common there, as well as lotted land, having considered 
the same, are of Opinion, That some suitable Person or Persons be 
appointed as Guarclian or Guardians to the Indians at Natick, who 
may be vested with power to inspect the Wood and Timber afore- 
said, and that an Act of this Government be made, prohibiting any 
person from buying any Wood or Timber lying or growing on lands 
of any Indian or Indians, or from cutting or carrying away any such 
Wood or Timber under any pretence whatsoever, without licence 
under their hands, in writing, first obtained from such Guardian 
or Guardians, under the same penalty as by the Act entitled An 

' This township was New Framingham ; it afterwards became Lanesborough. 
* Not found in the House Journal. 



[3d Sess.] Province Laws {Revives, e^c). — 1743-44. 3*39 

Act in addition to and foi- rendering more effectual An Act made 
in the Tenth Year of King William the Third, entitled An Act 
for the preventing of Trespass, is provided ; and to be prosecuted 
in the same way and manner, as to the manner of Conviction, as 
in said Act is also provided, or by Action of Trespass at Common 
Law, and that said Guardian or Guardians be enabled from time 
to time in his or their said Capacity, to bring forward and prose- 
cute said Actions of Trespass at the charge of the Indian Proprie- 
tor or Proprietors; and what may from time to time be recovered 
against such as may transgress said Act, be improved for the benefit 
of such Indian Proprietor or Proprietors: the said Guardian or Guar- 
dians from time to time to be accomptable to this Court for their 
doings. 

In the Name and by Order of the Committee 

Nath"- Hubbard. 
In Council 

Eead, and 

Order'' d i\v2it Col' Gushing, m'' Danforth, Col: Chandler & Col: 
Bourn with such as shall be joyn'd by the Hon'''^ House, be a Com- 
mittee to prepare a Bill for preventing abuses to the Indians, & the 
making of Stray ' «& \yaste on their Lands, and to lay such Bill before 
this Court (if it may be) in their present Session, or otherwise, at 
their next Session: and that the further Consideration of this 

Report be referr'd to that time 
In the House of Rep"^^ 

Read and Concur'd and M'' Livermore M'' Clap Maj Foster Cap 
Collins and M'' Liscum are Joyned in the Affair. \^Passed Marcli 2. 



CHAPTER 258. 

ORDER GRANTING A LICENSE TO JOSEPH TUCKER TO KEEP AN INN. 

A Petition of Joseph Tucker of Stoughton in the County of R®^^®^^**^f .h 
Suffolk, shewing that he has for divers years kept an Inn in said council, 
place, and was this year unanimously approbated by the Select men, Mass.^^^' ^^^' 
but by reason of sickness was prevented from taking out his Licence Archives, cxi., 

at the proper time; therefore praying that the Court of General Ses '- 

sions of the Peace for said County may be impowered to grant him nai"p^. i^"^' 
a Licence at their next Term. Province 

_, -, T Laws, 111., 18, 

Read and chap. 6. 

Ordered that the Justices of the Peace for the County of Suffolk 
be and they hereby are Impowered at their next Session (if they see 
cause) to grant the Pef a Licence ; the time for granting Licences 
being elapsed notwithstanding. \^Passed Marcli 2. 



CHAPTER 259. 

ORDER ALLOWING £3 TO JAMES CORS. 



A Memorial of James Cors of Deerfield, setting forth his ex- Legislative 
pence and hazzard in a journey to Canada for the recovery of his courTcu °* '^^^ 
Sister from captivity and the service he has done to the Province xvii. (4)', 305. 

• The House Journal, p. 183, reads, "Stroy." 



340 



Province Laws {Bewlvet^, etc.). — 1743-44. [Chaps. 260, 261.] 



Mass. 
Archives, 
xxxviiin., 129. 

Mass. 
Archives, 
xxxviiia., 125- 
129. House 
Journal, pp. 31, 
37, 180. 



in the knowledge he has attained of the Country; praying for an 
Allowance from this Court. 

Eead and 

Ordered that three pounds be allowed to be paid out of the pub- 
lick Treasury to the Pef in consideration of the service within men- 
tioned and as an Encouragment to him to serve the Govement as a 
Pilot if need be. [Passed March 2. 



Legislative 
Records of the 
Council, xvii., 
Mis., 490. 
Mass. 

Archives, cxv., 
212. 

Mass. 

Archives, cxv., 
211; xlii.,496. 
Legislative 
Records of the 
Council, 
xvii. (4), 306. 
House Jour- 
nal, p. 184. 
Province 
Laws, iii., 220, 
note. Ante, 
p. 210, chap. 
200. 



CHAPTER 260. 

ORDER ACCEPTING THE REPORT OF A COMMITTEE RESPECTING LANDS 
IN DIGHTON AND ALLOWING £28. 18. 2 FOR THEIR CHARGES. 

The committee to whom was referee! the petition of Silvester 
Eichmond Esq'' in behalf of the town of Dighton. Have repaired 
to Dighton, heard the parties, considered their original grants, and 
purchaces; veiwed the said township and have taken a platt thereof 
which is herewith humbly presented ; and thereupon beg leave to say. 

First, that the red lines on the said platt deleniated ; set forth the 
contents of the four miles square, from the river belonging to the 
Town of Dighton by their Indian deeds. 

Secondly, the pricked lines in the said plat describe the southerly 
and westerly extent of what is contained in Governor Hinkley's deed 
of Confirmation, with allowance of eight degrees for the variation 
of the compass. 

Thirdly, the black lines describe the town of Dighton according 
to their perambulations with Swansey Rehoboth and Taunton, under 
the hands of the Selectmen of each town at divers times since the 
year 1700. By which it appears that the black lines aforesaid con- 
tain two thousand six hundred & eighty four acres more than the 
contents of four miles square, and five hundred & fifty acres less 
than what is contained in Governor Hinkly's confirmation deed. 

Wherefore upon the whole the committe are of opinion that tlie 
lands contained within the black lines aforesaid which are agreeable 
to their perambulation for many years past, be at all times here- 
after accounted to be within the Jurisdiction of the said town of 
Dighton, but not to affect the property thereof on any account 
whatsoever. 

All which is humbly submitted by Jn'' Gushing per order 

Eead & 

Ordered that this Eeport be accepted, And that the Accompt of 
the Committees Time & Expence amounting to the sum of Twenty 
eight Pounds eighteen shillings & two pence be paid by the Parties, 
viz one half by the Town of Dighton & the other Half by Charles 
Church Esq"" & others the Eespondents. [Passed March 2. 



CHAPTER 261. 

VOTE GRANTING 8,000 ACRES OF EQUIVALENT LAND TO THE PROPRIE- 
TORS OF HUNTS TOWN. 



Rwords'of the Ordered That there be granted to the proprietors of Hunts Town 
Council, So Called the Quantity of Eight Thousand Acres of Land as An 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 341 



Equivalent for the Lands that were Laid out as part of S*^ Hunts xvii. (4),307. 
town which Appear to be within the Town of Deerfield To be Laid Archives, cxv., 
out as follows Viz. to beg^in at the South east Corner of A farm Laid ?li ' 



to Docf Jn" Barnards H""* which Corner Adjoyns to Hunts Town ^®®*^|?"7 . 
Line from thence to run on the Easterly line of S'' Farm & on the Council, xvu.f 
Easterly line of M"" Mayhews Farm to the Noreast Corner of 8"^ Mis., 539. 
Mayhews farm & from thence North 8 deg" East to Boston Town- 
ship N" 2. from thence Easterly on S'' Line Including all the Land 
between that and the North line of Hunts town Untill it make the 
Quantity of Eight Thousand Acres Exclusive of Such Grants of 
Land Already Laid out in the S^ Tract, as also the whole Eight 
of Land belonging to Ebn'' Hunt who was Admitted Lito S'' Hunts 
Town as an Additional Grantee over & Above the Sixty Grantees 
first Admitted 

And further that the Salmon fishing falls Hi Deerfield Eiver So 
Called be reserved to the use of the publick with Twenty Acres of 
Land Around them for Conveniency of fishing Provided The Prop" 
by a Surveyor and Chain men under Oath do return a plan of the 
s'' Eight Thousand Acres to this Court within twelve months for 
confirmation.' \^Passed March 2. 



CHAPTER 262. 

ORDER OF NOTICE ON THE PETITION OF DAMARASCOTTY INHABITANTS 
TO BE MADE A TOWNSHIP. 

A Petition of William Vaughan Esq"" and others, Inhabitants of Legislative 
a place called Damerascotty in the County of York, setting for[th] councn^, "' ^'"^ 
their difficulties for want of being incorporated into a Town, and xvii. (4),308. 
praying that they with the lands particularly described, may be '^}^^f: 

___ , *^ -*■ ^ 'J Archives xii. 

made a Township, and that the Inhabitants may be vested with 305-307. House 
powers accordingly. Journal, p. isi. 

Eead and 

Ordered that the Petitioners insert the substance of this Petition 
in the Boston Gazett with this Order thereon, six weeks successively, 
that so all Persons interested or concerned therein, may give answer 
thereto, if they see cause, the second Wednesday in May next, to 
which time this Petition is refer'd. \^Passed March 3. 



CHAPTEE 263. 

ORDER IMPOWERING NATHANIEL COOCHUCK TO SELL AND EXCHANGE 

LAND. 

A Petition of Nathaniel Coochuck and Mary his Wife of Natick, R|ford"Jf the 
Indians, praying for liberty of selling Twenty Two Acres of Land council, 
there, being part of a Eight fallen to them by the death of her mI'ss.^*^'^*'^' 
Fatlier, and likewise to exchange an Acre of land with Jonathan Archives, 

, . ^ XXXI 472 

and Daniel Dewing, the Produce of the sale to be laid out for pay- "^" — 

ing the Petitioners debts contracted by charges in tlie Law, and Archives, 
also for purchasing Sheep for the Petitioner. House Joiir- 

nal, pp. 153, 182. 
1 Not found in the House JournaL 



3i2 



Province IjAws (Resolves, etc.). — 1743-44. [Chaps. 264-266.] 



Legislative 
Records of the 
Council, 
xvii. (4), 309. 
Mass. 
Archives, 
Ixxii., 680. 

Mass. 
Archives, 
Ixxii., 67:). 
House Jour- 
nal, pp. 174, 183. 



Eead and 

Ordered that the Pef be allowed to sell the land contained herein 
(with the Advice and Assistance of Major Jones), and to exchange 
One Acre thereof with M'' Dewing of s'^ Natick The s*^ Jones to 
be accountable for his proceedings herein to this Court. \^Passed 
March 3. 



CHAPTEE 264. 

ORDER ALLOWING £15 TO SPENCER PHIPS ESQ«. 

A Memorial of Spencer Phips Esq'' Commander of His Majes- 
tys Castle William, setting forth his expence in the entertainment 
of Committees of the General Court, and moving for an Allowance 
for the same. 

Read and 

Ordered that there be Allowed to be paid out of the publick Treas- 
ury to the Memorialist the Sum of fifteen pounds in full consider- 
ation for the expence mentioned for entertaining Committees &c. 
\^Passed March 3. 



CHAPTER 265. 



Legislative 
Records of the 
Council, 
xvii. (4), 309. 
Mass. 
Arcliives, 
Ixxii., 681. 

liCgislative 
Records of the 
Council, xvii.. 
Mis., 491. 
House .Jour- 
nal, p. 183. 



ORDER ALLOWING £15 TO JOHN LARRABEE. 

A Petition of John Larrabee, Lieutenant of His Majestys Castle 
William, shewing that he has been at great charge in entertaining 
Committees of the General Court; praying for an allowance for the 
same. 

[Read &] 

Ordered that the Sum of fifteen pounds be allowed to be paid out 
of the publick Treasury to Lieu* John Larrabee in full considera- 
tion of the expence afores'^ \^Passed March 3. 



CHAPTER 266 



Legislative 
Records of the 
Council, 
xvii. (4), 310. 
Mass. 

Archives, xii., 
311. 

Mass. 

Archives, xii., 
310. Legisla- 
tive Records of 
the Council, 
xvii.. Mis., 492. 
House Jour- 
nal, p. 183. 



ORDER ALLOWING £10 PER ANNUM ADDITIONAL SALARY TO JOHN 

PHILLIPS. 

A Petition of John Phillips, Chaplain of His Majestys Castle 
William, setting forth the insufficiency of his pay for his support, 
and praying for an enlargement tliereof. 

Read and 

Ordered that the Petitioner be allowed out of the Publick Treas- 
ury ten pounds per annum in addition to his presant Salary ' from 
the 20*'' of May 1742 during the continuance of the present Estab- 
lishment, for his Service in that Station. {Passed March 3. 

1 Mass. Archives, xii., 310, gives the amount as "Thirty pounds Lawful money." 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 343 

CHAPTER 267. 

ORDER IMPOWERING SAM'- CLARK, INDIAN, TO SELL LAND. 

A Petition of Samuel Clark of Middleboro, Indian, praying for Legislative 
liberty from tliis Court to sell a Tract of land lying at a place called coundf, °* *^^ 
Quiticus, between the English line, the Ponds and Brook, for the pay- ^^^^^- (4). sis. 
ment of his debts contracted by the reason of the cliarge of main- Archives, 

taining of his aged Mother & the debts contracted by his Father in '^^^^' ^^^- 

his life time. Kr^ofthe 

Read and f^*?""':l',> '''*'"•• 

Mis 5'21 

Ordered that the Pef have liberty to Sell the land mentioned in House Jour- 
the Pet" with the advice and Assistance of James Warren Esq'', the '^^'' ^- ^^^• 
produce thereof to be applyed to the purposes herein mentioned. The 
s*^ Warren to be accountable to this Court for his proceedings herein. 
\^Passed March 7. 



CHAPTER 268. 

ORDER IMPOWERING THO. AWUNSAMUG, INDIAN, TO SELL LAND. 

A Petition of Thomas Awunsamug of Natick, Indian, and Ji^'si^'f t*^? ,^ 

Records of tcG 

Deborah his Wife, praying for liberty to sell twenty five Acres council, 
of land for building a Dwelling house, for which he has already fj/rf.', xvVl^"' 
made some provision, and to enable him to pay some small Debts ^is., 49^. 

which he has contracted. House Jour. 

Read and _ _ _ nai,pp.i82.i83. 

Ordered that the petitioner liave liberty with the advice and 
assistance of Samuel White Esq'' to sell the twenty five acres of 
land herein described, the jn'oceeds thereof to be applied to the 
purpose mentioned in the petition, the said White to be account- 
able for his proceedings herein to this court. \^Passed March 7. 



CHAPTER 269. 

ORDER ACCEPTING THE ACCOUNT OF THE CO. TREASURER OF 

PLYMOUTH. 

An Accompt presented by Thomas Foster Treasurer of the County Legislative 
of Plymouth for the year 1743; having been by him laid before the counclr*"'^ 
Court of General Sessions of the Peace for said County and by them xvii. (4),3i6. 
allowed : 

Read and 

Ordered i\\QX the within Accompt be allowed and that the Ballance 
thereof, being Seven Pounds Twelve Shillings and ten Pence half 
peny, the said Treasurer is further accountable to said County for.* 
\^Passed March 7. 

' Not found in the House Journal. 



3U 



Province Laws {Besolves, etc.). — 1743-44. [Chaps. 270-272.] 



CHAPTER 270. 

ORDER IMPOWERING THO^ HUTCHINSON ESQ^ TO ENTER AN APPEAL, 

Legislative ^ PETITION of Tliomas Hutchinsoii Esq'' Executor of the last 

Council^, ^ Will of his late father Thomas Hutchinson Esq'" clec*^ Shewing 
xvu. (4),298, ^Y^^t by the neglect of his Attorney he lost his Appeal from a 
House Jour- Judgment obtained against him by James Pemberton Esq"" from 
iiai,pp.i79,i89. the Inferior Court in Boston; praying that the Justices of the 
Superior Court now sitting may be allowed to proceed to a Trial 
of the said Appeal tho not entered at the Inferior Court. 

Read ; and it appearing that James Pemberton Esq"" the adverse 
party, has been served with a Copy of this Petition, and that he 
makes no objection against the request of the Petitioner; 

Ordered that the prayer of the Petition be granted and the Jus- 
tices of the Superior Court of Judicature are accordingly impow- 
ered and directed to admit the Petitioner to enter his Appeal in 
the present Term. [Passed March 7. 



CHAPTER 271. 



Legislative 
Records of the 
Council, 
xvii. (4), 318. 
Mass. 
Archives, 
xlvi., 149. 

Mass. 
Archives, 
xlvi., 148. 
House Jour- 
nal, pp. 182, 188. 
Province 
Laws, xii., 156, 
chap. 69. 



ORDER OF NOTICE ON THE PETITION OF MOSES RICE IN REGARD TO 
THE SETTLEMENT OF A GRANT. 

A Petition of Moses Rice, Shewing that he has lately settled 
himself and liis family upon a Tract of land' commonly called 
Charlemont near Deerfield, that the other Grantees, saving some 
few persons particularly mentioned, have entirely neglected to per- 
form the Conditions of the Grant; which is extreamly prejudicial 
to the Petitioner & the rest upon the place, and praying that the 
other Grantees may be obliged forthwith to settle, or their Grants 
declared forfeited and others admitted. 

Read and 

Ordered that the Pef insert the Substance of this Pet° in the 
Boston Gazette three weeks successively that so the Grantees of 
the Township herein mentioned shew cause (if any they have) on 
the second thirsday of the next May Session, why the Prayer thereof 
should not be granted. [Passed March 8. 



CHAPTER 272. 



Legislative 
Records of the 
Council, 
xvii. (4), 320. 

Legislative 
Records of the 
Council, xvii., 
Mis., 493. 
House Jour- 



ORDER DIRECTING THE TRANSFER OF AN APPROPRIATION. 

Whereas the Appropriation in the last Supply Act for the pay- 
ment of such matters and things for which there is no Establish- 
ment, is exhausted; and sundry persons who have done service for 
the Province by Order of this Court for the repairs of Forts in the 
Eastern Parts and the Light House, much want their respective 
dues: And inasmuch as there is at present a part of the Appropria- 

1 Mass. Archives, xlvi., 148, adds, "Granted to the Town of Boston." 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 345 

tion for putting the Province into a better posture of Defence, nai, p. 192. 
which probably will not be called for until further provision be Laws.^m., 75, 
made for the same by another supply: chap w ^^^' 

Therefore 

Ordered that the sum of Five Hundred Pounds be transfer'd from 
the afores'' Appropriation for the Defence (fe*^ to the aforesaid Ap- 
propriation for New Establishments; the sum so transfer'd to be 
reinstated by next Supply Bill. [^Passed March 9. 



CHAPTER 273. 

ORDER IMPOWERING EBENi^ EPHRAIM, INDIAN, TO SELL LAND. 

A Petition of Ebenezer Ephraim of Natick, Indian, praying for Legislative 
liberty to sell twenty Acres of Land in said place, for the finishing councif, ''^ ^'^^ 
of a House they have lately built, and for furnishing themselves xvii. (4),3-2-2. 
with necessary household stuff for their more comfortable living. Archives, 

Eead and ^xxi.,48s. 

Ordered that the prayer of this Pet° be granted and the Pef Reford"Jf the 
is allowed with,the advice and assistance of Maj Jones to Sell the council, xvii., 
land herein mentioned for the most the same will fetch, the prod- House Jour- 
uce thereof to be applyed to the purposes within mentioned The ^^^' p- ^^■^• 
s** Jones to be accountable to this Court for his proceedings herein. 
[Passed March 10. 

CHAPTER 274. 

VOTE ALLOWING £100 FOR FORTIFYING NORTH YARMOUTH. 

Voted that the Sum of One hundred pounds be allowed to be Legislative 
paid out of the publick Treasury and put into the hands of the councif ^'^ *^^ 
Select Men and the Officers of the Militia within the Town of xvii. w, 326. 
North Yarm**" the Sum of One hundred pou7ids ' to be applyed in Archives, cxv., 

such manner, as may be most for the defence of the Inhabitants ?li 

of that Town according to such Directions as they shall receive RefordfTth 
from the Captain General, They to be accountable for the said Councif, xvii., 
Sum. [Passed March 13.'' Hou'se^Jour- 

nal, p. 195. 



CHAPTER 2 75. 

ORDER CONFIRMING A PLAT OF 500 ACRES OF LAND TO HENRY EDGAR 

A PLAN of five hundred acres of land laid out to satisfy a grant ' ^^'rl*^^lth 
made to Henry Edgar, by the great and General Court of the Prov- council, xvii., 
ince of the Massachusetts Bay at their session in May 1742. which Mass.*^*' 

' The words "the sum of One hundred pounds" are underlined in Mass. Archives, 
cxv., 214 ; they are omitted in Legislative Records of the Council, xvii. (4), but appear in 
ibid., xvii.. Mis. 

2 This date is according to Mass. Archives, Legislative Records of the Council, xvii. (4) , 
and the House Journal; according to Legislative Records of the Council, xvii.. Mis., the 
date is March 15. 

3 This grant of 500 acres was made in June, 1742, House Journal, p. 56 ; " Ordered, 
That the Petitioner be and he herebj' is allowed a Grant of a Tract of unappropriated 
Land of this Province of five Hundred Acres in full Satisfaction for his Services and Suf- 
ferings therein mentioned. The Petitioner to return a Plat thereof to this Court within 
twelve Months for Confirmation." 



346 



Province Laws {Resolves, etc.). — 1743-44:. [Chaps. 27(3, 277.] 



Archives, 
xlvi., 163. 

Mass. 
Archives, 
xlvi., 162. 
Legislative 
Records of the 
Council, 
xvii. (4), 326. 
House Jour- 
nal, pp. 29,46, 
56 (1742) ; p. 193. 



land is bounded South on Hatfield new grant, East on Hunts town, 
North and West on unappropriated land, the south east Corner is 
at the north east corner of Hatfield farm, where there is a beach 
tree marked with stones about it, which tree stands in Hunts town 
west line, from which it runs N 8°- 00 E, 360 rods, thence W 200 
rods, thence 8°- 00 W- 460 rods, thence E 25°- 00 N 250 rods and 
close to the aforesaid Beach tree. Surveyed Nov'' 28*'\ 1743, pro- 
tracted by a scale of one hundred perch to an inch. 

Per me Nath'' Kellogg, Surveyor. 

Eead and 

Ordered that the within Plan be so far accepted as that the 
lands herein delineated and described be confirmed to Henry Edgar 
His Heirs and Assigns forever Saving, that thirty three rods be struck 
off the South end of said Plan and added to the North End hereof 

Provided also that it exceeds not the Quantity of the Grant and 
does not interfere with any former Grant. \^Passed March IS. 



CHAPTER 276 



Legislative 
Records of the 
Council, 
xvii. (4), 327. 
Mass. 
Arcliives, 
xlvi., 155. 

Mass. 
Archives, 
xlvi., 154. 
Legislative 
Records of the 
Council, xvi., 
393. House 
Journal, p. 188. 
Province 
Laws, xii., 404, 
chap. 106. 



ORDER APPOINTING A COMMITTEE ON THE PETIT^' OF JOS. CONVERSE 

& OTHERS. 

A Petition of Josiah Converse & others a Committee for the 
Grantees of the Township Number One near Sheffield and West- 
field Road, Shewing that the said Grantees were impowered to lot 
out & divide their lands according to such Votes as should be pass'd 
in a regular Meeting and approved of by the Committee of the Gen- 
eral Court; and forasmuch as the major part of the said Committee 
are dead ; praying that their number may be filled up by this Court. 
In the House of Rep"'' 

Read and 

Ordered that M"" Bond and Cap* W" Reed with such as the Hon^^« 
Board shall Joyn be a Committee fully Impowered to manage the 
Affairs within mentioned 

In Council; Read & Concur'd & Ebenezer Burrill Esq"" is joined 
in the Affair. \^Passed March 13. 



CHAPTER 277. 



Legislative 
Records of the 
Council, 
xvii. (4), 331; 
ibid., xvii., 
Mis., 493. 

House Jour- 
nal, p. 182. 



ORDER IMPOWERING BEN J. TRAY, INDIAN, TO SELL LAND. 

A Petition of Benjamin Tray, of Natick, Indian, praying for 
liberty from this Court to sell twenty three Acres of land, left him 
by his Father, for the payment of his said Fathers debts, and for 
the more comfortable support of his aged Mother. 

Read and 

Ordered that the prayer of tlie petitioner be granted, and that 
the petitioner have liberty to sell the twenty three acres of land 
mentioned, with the advice and assistance of Major Isaac Coolige 
the produce to be applied to the purpose herein mentioned, the 
said Coolidge to be accountable for his proceedings herein, to this 
court. [Passed March IS. ^ 

1 This date is according to Legislative Records of the Council, xvii., Mis. ; according 
to ibid., xvii. (4), the date is March 15. 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 347 



CHAPTEK 278. 

ORDER IMPOWERING BENJ. WESTON, ADMINISTRATOR, TO SELL A 
HOUSE AND LAND. 

A Petition of Benjamin Weston Adminisf of the Estate of Wil- Rlf^^rds^Jfthe 
Ham Coomer dec'^ Shewing tliat the real estate consists only of Dwell- Council, 
ing House and one Acre of Land, that there is but one Son, who Mass.^*^' ^^^' 
declines having the estate settled upon him; and therefore accord- ^^[j^'^'^'lf^' 

ing to law it must be divided into eleven parts, besides the Widows - — - — '- 

Thirds; therefore praying for liberty to sell it, or that it may be Archives, 
settled on one of the Daughters of the Deceased. Llgisifuve 

Read and c*'^" n^llf x* n ® 

Ordered that the Pef be impowered to make sale of the Dwelling Mls.?4y5.^^""' 
House and Land within mentioned (The Widows Dower excepted) na^P^ w^^' 
for the most the same will fetch Setting up Notifications in the 
Shire Town of the County and in the Town where the Dec'd last 
dwelt also in the two next adjoyning Towns thirty days at least 
before the day of Sale. The Pef giving sufficient Caution to the 
Judge of Probate for the County of Plym"' for the payment of the 
Respective Heirs, their proportionable part of the same. \^Passed 
March 15. 



CHAPTER 279. 

ORDER IMPOWERING NATH'- CUNNINGHAM TO FILE A COMPLAINT. 

A Petition of Nathaniel Cunningham of Boston merchant, shew- Legislative 
ing that he recovered Judgment by default at the Inferior Court in councff °* **^^ 
the County of Suffolk against George and Robert Hewes & James xvii. (4)', 266, 

Bracket for the sum of £120. 15 damage & costs; from which they — ^ 

appealed to the Superior Court, but failed of prosecuting their Ap- Archives, xiii., 
peal, and the Petitioners Attorney casually omitted filing a com- ffti^g Rgjfr^jl" 
plaint against them; and therefore praying that he may be allowed of the council, 
to file his complaint. at the next Superior Court for the said County. fu"'Ho'ule^' 

Read, and it appearing that the adverse parties have been duly ^"^j^™p -g^ig^^^" 
served with Copies of this Petition, but no answer being given in: chap*. i98. 

Ordered that the prayer of the Petition be granted and that the 
Petitioner be allowed to file his complaint against the said George 
and Robert Hews at the next Superior Court of Judicature for tlie 
County of Suffolk ; and the said Court are accordingly impowered 
to proceed thereupon in like manner as if the complaint had been 
filed in due season according to Law; the Petitioner to notify the 
adverse parties of this Order fourteen days before the Sitting of 
this ' Court. [Pa^><ed March 16.' 

1 This word is underlined in Legislative Records of the Council, xvii. (4) ; in Mass. 
Archives the word is "the." 

5 This date is according to Mass. Archives; according to Legislative Records of the 
Council, xvii. (4), the date is March 15. 



348 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 280-282.] 



CHAPTER 280. 



Legislative 
Records of the 
Council, 
xvii. (4), 334. 
Mass. 
Archives, 
xlix., 195. 

House Jour- 
nal, p. 200. 



VOTE FOR A DINNER FOR THE REPRESENT^'^s oN ELECTION DAY. 

Voted that a suitable Dinner be provided at the Charge of the 
Province on the Day appointed for the Election of Conncellors, for 
the Gentlemen who shall be Chosen to Represent the several Towns 
the next Year, and the Members who shall be returned for the Town 
of Boston, are directed to make Provision at some publick House in 
said Town accordingly. \^Passed March 16. 



CHAPTER 281 



Legislative 
Records of the 
Council, 
xvii. (4), 336. 
Mass. 

Archives, xii., 
343. 

Mass. 

Archives, xii., 
342. Legisla- 
tive Records of 
tlie Council, 
xvii., Mis., 495. 
House Jour- 
nal, pp. 196, 199. 
Ante, p. 201, 
chap. 168; 
p. 334, chap. 
249. 



ORDER ON THE PETITION OF DAY" INGERSOL FOR A NEW PARISH AT 
HOUSATANUCK TO BE ANNEXED TO SHEFFIELD. 

A Petition of David Ingersol in behalf of the Proprietors and 
Inhabitants of the Upper Housatanuck, setting forth their great 
difficulties for want of their being made a Township or Precinct, 
and praying that they may be vested with the Privileges of a Pre- 
cinct, and have the lands lying between Housatanuck and Takonack 
Mountains added to them, and that they may be annexed to the 
Town of Sheffield. 

Read and in answer to this Pet" 

Ordered that the lands and Inhabitants of the upper Housatonnoc, 
together with those lands and Inhabitants which lye between the s'' 
Upper Housatonnoc and the Indians land, which by an Order of this 
Court in Janry 1742, were made a District (excepting James Sexton 
& the Lands he bought of Samuel Harman) together with a Tract 
of Land (& its Inhabitants) which lyes AVest of s'^ District between 
that & Tauconick Mountains, be & here by are made a Parish or Pre- 
cinct & vested with all the Powers & Privileges which other Parishes 
or Precincts within this Province do by Law enjoy; & that the whole 
of the afore s*^ Parish be & hereby is annexed to & incorporated with 
the Town of Sheffield during the Pleasure of this Court, there to do 
Duty & receive Privilege as amply & fully as the present Inhabitants 
of Sheffield Saving nevertheless to the Province their Right 

in the s*^ Land lying between Housatonnic & Tauconic Mountains. 
[Passed March 16. 



Legislative 
Records of the 
Council, 
xvii. (4), 337. 
Mass. 
Archives, 
xxxi., 477. 

Mass. 
Archives, 
xxxi., 476. 
Province 
Laws, xi., 233, 
chap. 36. 
House .Jour- 
nal, p. 201. 
Ante, p. 326, 
chap. 227. 



CHAPTER 282. 

ORDER IN REGARD TO Y"- AFFAIRS OF THE HASSANIMISCO INDIANS. 

On THE Petition of tlie Indian Projirietors of Grafton, [ante, 
p. 326, chap. 227] 

Ordered that the former Trustees for the Indians of Ilassanamisco 
alias Grafton deliver the Books Bonds & other Papers, as also such 
Money as may be in their hands belonging to the said Indians & that 
relate to their Affairs to the Gentlemen newly appointed Trustees for 
the said Indians; And the Receipt of the said lately appointed Trus- 
tees shall be their discharge for the same. {Passed March 16. 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 349 

CHAPTER 283. 

ORDER IN REGARD TO INDIAN LAND AT TETTICUT. 

Whereas there is a considerable Tract of Indian Land, laying Legislative 
in the Centre of a Precinct lately set off, by this Court from the cmu.cif, *** "^^ 
towns of Middleborough & Bridgewater, and it being represented ; xvu. (4)', 339. 
that the placing the Meeting house, & laying out a Lot for the set- Archives, 

tlement of a Minister in some part of said land, would be of great ^xxi., 490. 

advantage to the Remainder, and be a likely means of bringing the Refords'onhe 
Indians to a due attendance uj)on the Ordinances of the Gospel: it Council, xvn., 
being also represented; that it would further advance the interest jwrf.'xvi'i. (4), 
of the Indian Propriety, as well as accomodate the Precinct in gen- jo"urn^° p%03 
eral, to have a Eoad or Highway laid out through said Lands to the ^w<e, p.'332, 
Bridge over Titecut River. Therefore ciap. ' 6. 

Order''d, that the Committee to whom was refer'd the Petition 
of Neh: Washburn & James Bois relating to said Lands, be like- 
wise directed to consult the Indians upon the foregoing points; 
and consider of the most equitable terms upon which any part of 
S"* lands may be sequestred for the purposes aforesaid, and make 
report thereof to this Court. \^Passed Marclt, 19. 



CHAPTEE 284. 

ORDER ACCEPTING THE REPORT IN REGARD TO CAPE COD HARBOUR 
AND APPOINTING A COMMITTEE THEREON. 

A Petition of Jonathan Payne, Thomas Mulford Jun' and ^''^*^'?*^^|tu 
Thomas Lumbard; praying that an Act may be made for the couucii, 
preservation of the Meadows and Beaches in the Town of Truro ^^^"- (*). 2^"' 

and Province Town. , . ^ . . Legislative 

llie Committee to whom this Petition was refer d, as also the Reconis of tiie 
Petition of James Bowdoin Esq"" & others merchants, relating to xvii"^(4)', 278. 
Cape Cod Harbour, are of Opinion that for the better understand- ^a°i"pp'\*^o^203 
ing the Facts alledged in the Petitions, a Committee be appointed pVo'vince 
to repair to Cape Cod, view the Harbour, consider the Facts alledged ch'ap!'27''2i9,' 
in the Petition, and report their Opinion thereon at the next Session °<'*f- 4**'^' 

j>,,.^ ,111 ^•^'^ in • i p. 295, chap. 

01 this Court. All which is humbly submitted 142. 

By John Cushing per Order. 

In Council; Read and Accepted, and 

Ordered that Thomas Berry Esq"" with such as the Hon*'''' House 
shall join, be a Committee for the purposes in the Report mentioned. 

In the House of Represent"'''; Read and Concurred, and Coll. 
Miller and M'' Skinner are joined in the affair. ' And the Committee 
are directed to rejiair to Cape Cod on or before the tenth of May 
and to give notice to the Inhabitants of Truro that they do not 
drive any Cattle on the Beach to the Northward of Eastern Har- 
bour Meadows in the mean time. 

In Council; Read and ConcurM. \^Passed 3farch 20. 

' The words, "And the Committee," througli the remainder of the chapter, are not 
found in the House JournaL 



350 



Province Laws {Resolves, etc.). — 1743-44. [Chaps. 285-288.] 



Legislative 
Records of the 
Council, 
xvii. (4), 341. 
Mass. 

Archives, xx., 
365. 

Legislative 
Records of the 
Council, xvii., 
Mis., 497. 
House Jour- 
nal, p. 204. 



CHAPTEE 285. 

VOTE TO REMIT £200 TO M^ AGENT KILBY FOR THE USE OF THE 

PROVINCE. 

Voted that the Treasurer be directed to remitt to M"" Agent Kilby 
(as soon as may be) the Sum of two hundred pounds Sterling further 
to Enable him to Manage the Affairs of this Province at the Court of 
Great Britain He to be accountable for the same. \_Passed March 20. 



CHAPTER 286. 



Legislative 
Records of the 
Council, xvii., 
Mis., 49(j. 
Mass. 
Archives, 
xxxi., 49-2. 

Legislative 
Records of the 
Council, 
xvii. (4), 341. 
House Jour- 
nal, p. 204. 
Ante, p. .302, 
chap. 161. 



VOTE DIRECTING THE COMMITTEE APPOINTED, TO CALL GUARDIANS OF 
THE TITICUT INDIANS TO AN ACCOUNT OF THEIR GUARDIANSHIP. 

Voted that the Comittee Appointed on the Petition of Job Ahaw- 
ton, to assist him in the Sale of his Lands, be & hereby are Directed 
not to deliver the Money in their hands arising from the Sale thereof 
to the Gaurdians of the Tetticut Indians untill the further Order of 
this Court and that they be also Directed & Impowered to Call the 
S*^ Gaurdians to an Account of their Gaurdian Ship »& to make report 
to this Court at the next May Session and that Coll Warren be joined 
in the Affair. [Passed March 20. 



CHAPTER 287. 



Legislative 
Records of the 
Council, xvii., 
Mis., 496. 
Mass. 

Archives, XX., 
364. 

Legislative 
Records of the 
Council, 
xvii. (4), 342. 
House Jour- 
nal, p. 204. 



VOTE DIRECTING THE SECRETARY TO WRITE TO THE AGENT TO SEND 
AN ACCOUNT OF HIS DISBURSEMENTS. 

Voted that the Secretary be directed to write to M'' Agent Kilby, 
acquainting him this Court expect that He by the first opportunity 
sends' over an Accompt of his past disbursements; And that He 
render his Accompts to this Court, as frequently as He conveniently 
can. 

Also that He transmit an Authenticated Copy of the receipt 
given him for the Money advanced at the Board of Ordnance for 
Small Arms &c. \^Passed March 20. 



Legislative 
Records of the 
Council, 
xvii. (4), 342. 
Mass. 
Archives, 
Ixiv., 240. 

Ante, p. 118, 
chap. 254. 



CHAPTER 288. 

VOTE FOR SUPPLYING OF FLOWER &" FOR THE PROVINCE SNOW. 

Voted that the Officer for Victualling the Province Snow be 
directed to provide Flower and Rice in Lieu of Indian Meal.* 
\^Passed March 20. 

> Sic. 

s Not found in the House Journal. 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 351 

CHAPTER 289. 

VOTE APPOINTING A COMM""^" FOR BURNING TORN & DEFACED BILLS. 

In the House of Rep"""''' Legislative 

Voted i\va.t W Speaker M^ Hutchinson M^ Eoyal M-" Oliver M^ councu, 
Prout and M^ Cotton with such as the Hon^'« Board shall Joyn, l^^^^^^''^^' 
be a Committee to repair to the Treasurer's, to take an Accomp*^ Archives, cii., 
of all the torn and defac'd Bills of Credit lying in his hands, and 



consume them to Ashes, and report tlieir doings herein to this Court Refordfof tiie 
at the next May Session Mir498.''''"'' 

In Council House Jour. 

Read & Concur'd And John Osborne John Jeffries, Jacob Wen- ''''^^ p- '^^^■ 
dell, Sam^ \Yaldo «& Samuel Watts Esq'''' are joined in the Affair, 
[^Passed March 21. 



CHAPTER 290. 

VOTE DIRECTING THE TRANSFER OF AN APPROPRIATION. Legislative 

Records of the 
. Council, 

Voted that the sum of Seventy four Pounds five shillings and xvii. (4), 344. 
seven pence ' be taken from the Appropriation for Contingencies House Jour- 
in the last Act for Supply of the Treasury, and transfer'd to the proV'iiice^' 
Appropriation for the Pay of the Members of the House of Rep- ^if^^^'^'/g*"'^^^' 
resentatives. \^Passed March 21. 



CHAPTER 291. 

ORDER IN REGARD TO DELINQUENT CONSTABLES. 

Whereas in and by an act, or law of this Province entitled an Legislative 
act directing how rates and taxes to be granted by the General coundf xvil^^ 
assembly, as also County Town, and precinct rates, shall be as- Mis., 497. 
sessed & collected, it is among other things enacted to the follow- Legislative 

T-- ® ® Kecords of the 

mg purposes. V IZ, Council, 

That if any constable or collector shall fail of his duty in not ^Yovmlk^^' 
collecting, and paying unto the province treasurer or his deputy Laws, n., 921, 
such sums of money as shall be committed to him to collect, then, *^'^'*p-'^*- 
and in such case the treasurer is empowered by warrant directed to 
the Sheriff or his deputy to cause the same to be levyed by distress, 
which warrant the Sheriff or his deputy is thereby required to exe- 
cute accordingly ; and if such defective constable or collector have 
no real estate to be found, and his person cannot be taken, then the 
town to be assesed de novo, and such assessment to be committed to 
some other Constable or Collector to collect. And whereas it some * 
sometimes so happens that tlie Constables or Collectors to whom 
such assesments are committed to levy and pay in as aforesaid, do 
remove out of the County where they resided wlien such rates were 
committed to them, and carry their subsistance with them before 
the SherrifE or his deputy can in any manner whatsoever execute 

■ The House Journal, p. 205, reads, £75. -1. 7. 
s Sic. 



352 



Province Laws (Besolues, etc.). — 1743-44. [Chap. 292.] 



his aforesaid warrant. And whereas in such case, some donbts have 
arisen wliat return the Sheriff or his deputy ought to make on said 
warrant. 

Ordered that wlien any Constable or Collector shall remove out 
of tlie County within which he lived, when any rates or assessments 
were committed to him to collect as aforesaid, and no real estate of 
his can be found there, on which to levy said warrant ; that in such 
case the Sheriff or his deputy ought to make return of his said war- 
rant, that he can find neither person nor estate within his precinct 
and on his so doing shall be discharged from any action or demand 
whatsoever, on account of his not levying the mony mentioned in 
said warrant.' [Passed March 21. 



CHAPTER 292 



ORDER ALLOWING THE TREAS^s GENERAL ACCOMPT FOR THE YEAR 

1742. 



Legislative 
Records of the 
Council, 
xvii. (4), 346. 
Mass. 
Arcliives, 
cxxiv., 132. 

House Jour- 
nal, pp. 22, 50 
(June, 1742). 
Province 
Laws, ii., 1083, 
chap. 12. 



On the Province Treasurers General Accompt from the 
27''^ of May 1741 to the 26"^ of May 1743, [2?] "■ viz^ 

Eead and 

Ordered that the within Accompt be allowed And that the Ac- 
comptant William Foye Esq' Treasurer be and hereby is discharged 
of the Several Payments made by him in Old Tenor amounting to 
three thousand three hundred and thirty Seven pounds eleven Shil- 
lings and five pence. 

And that the said Accomptant be further discharged of the Sum 
of fifteen thousand Six hundred and Ninety two pounds three shil- 
lings and Seven pence of the Middle Tenor or other Bills equivalent 
which were burnt to Ashes by Order of the General Court And 

that the said Accomptant be further discharged of the several pay- 
ments New tenor last Emission Amounting to Nineteen thousand 
One hundred and forty Nine pounds thirteen shillings and four 
pence halfpenny. And that the s'^ Treasurer be further Accountable 
for the Sum of Sixteen thousand two hundred and Seventy three 
pounds Nineteen Shillings and Six pence Old tenor, and thirty three 
thousand four hundred and ninety Six pounds Six shillings and 
two pence Middle tenor (now outstanding of the Taxes and Loans) 
when it shall be recieved in, and also for the Sum of Seventeen thou- 
sand five hundred and Ninety pounds eleven Shillings Old tenor, and 
for the Sum of twenty three thousand two hundred and Sixty Nine 
pounds Six sliillings and seven pence Middle tenor, and for the Sum 
of two thousand eight hundred and sixty seven pounds ten shillings 
and ten pence in Gold and silver according to Act. And for the 

sum of three thousand four hundred and thirty eight pounds thir- 
teen Shillings and three pence half penny Bills of the last New Tenor 
Emission which are now in his hands. 

Eead and 

Ordered that t[h]e above Vote' be revived and the same Order 
be pasd thereon accordingly. [Passed March 22. 

' Not found in the House Journal. 

2 Queere, for 1742? See Mass. Archives, cxxiv., 132; also infra, chap. 296. 

3 Passed in the House of Representatives, June 19, 1742. See House Journal, p. 50. 



[3d Sess.] Province Laws {Besolves, etc.). — 1743-44. 353 

CHAPTER 293. 

ORDER ALLOWING THE TREAS"^ GENERAL ACCOMPT IN THE YEAR 1743. 

On the Province Treasurers General Accompt from the Legislative 
26*" of May 1742 to the 25*" of May 1743. viz* councn?**''^ 

Ordered that the within Accompt be allowed and that the said xvii. (4)', 347. 
William Foye Esq' Treasurer be accordingly discharged of the sum House Jour- 
of Twenty Six Thousand and Ninety six Pounds nine shillings and province' 
eight pence half peny, Bills of the last Emission, being for sundry ^h^^^'i"'' ^°^^' 
payments he has made, and also of the sum of Seven Thousand seven 
hundred pounds, nine shillings and eleven pence two thirds Middle 
Tenor Bills burnt to ashes, and also of the sum of Sixteen Thousand 
seven hundred and twenty six Pounds nine shillings and five pence 
farthing Bills of the last Emission, being for Forty Eight Thousand 
one hundred and forty nine Pounds seventeen Shillings and nine 
pence Old Tenor and Four Thousand six hundred and eighty nine 
Pounds of the Middle Tenor burnt to ashes. And that the said 
Treasurer be further accountable for the Bills outstanding in Taxes 
»&•= when received, being Nine Thousand eight hundred and seventy 
two Pounds fifteen shillings and ten pence Old Tenor, and Twenty 
Thousand seven hundred and forty six pounds three shillings and 
seven pence Middle Tenor and Twenty One Thousand six hundred 
and forty six Pounds three shillings and eight pence three farthings 
last Emission: Also that he be further accountable for the Bills that 
are now remaining in his hands, viz* Twenty Eight Thousand eight 
hundred and fifty four Pounds one shilling and eight pence Old 
Tenor, and Twenty Eight Thousand three hundred and eighteen 
pounds nineteen shillings and two pence one third Middle Tenour, 
and Four Thousand and Eighty Pounds ten shillings and ten pence 
one farthing of the last Emission: And that he be further account- 
able for the Silver and Gold now in his hands, being Two Thousand 
nine hundred and fifteen Pounds fourteen shillings, viz* for the Silver 
at Six Shillings and Eight Pence per Ounce, and Gold pro Eata, ac- 
cording to Law. 

Eead & 

Ordered that the above Vote ' be revived, and the same Order 
pass'd thereon accordingly. [Passed March 22. 



CHAPTER 294. 

ORDER APPOINTING A COMM'^"'''' TO INQUIRE AB^ COUNTERFEIT BILLS. 

In the House of Eepresentatives Legislative 

M'' Treasurer having laid before the House a counterfeit five shil- council, 
ling Bill in imitation of the five shilling Bills of this province of the m^"b.^*^''^^^' 

last emission Archives, cll., 

Ordered That M"- Speaker M^ Hutchinson M"" Cotton Major Eich- -^^— 

ards M' Oliuer & D'' Hale with such as the Hon"" Board shall join be Archives, cii., 
a Committee to make particular enquiry into this affair and they are j^f^^^l'i p°^oT 
impowerd to send for persons papers & Evidences in order to the full 
discovery of the persons concerned in counterfeiting or passing said 

> Passed in the House of Representatives, June 22, 1743. 



354 Province Laws {Resolves, e«;c.). — 1743-44. [Chaps. 295-297.] 

Bill or any others that may have been counterfeited And they are to 
sit forthwith & make report. 

In Council Kead & Concur'd & Jn° Jeffries, Jacob Wendell, Sam^ 
Danforth W™ Foye Sam^ Watts & John Chandler Esq'^ are joined in 
the Affair. [Passed March 22. 



CHAPTER 295. 



Legislative 
Records of tlie 
Council, 
xvii. (4),349. 
Mass. 
Archives, 
xlix., 196. 

House Jour- 
nal, p. 208. 



ORDER REFERRING MATTERS TO THE NEXT SESSION. 

Ordered that such Petitions & other Matters as were to have been 
heard or had day in the present Session of the Court be refer'd to 
the next Sitting of the Court & that they then have the like days 
as were assigned them in this Session. [Passed March 22. 



CHAPTER 296. 



Legislative 
Records of the 
Council, 
xvii. (4), 349. 
Mass. 

Archives, cii., 
348. 

Mass. 

Archives, cii., 
346. House 
Journal, p. 208. 
Ante, p. .353, 
chap. 294. 



ORDER ACCEPTING THE REPORT OF THE COMMITTEE AB^ A BILL OF 
CREDIT SUPPOSED TO BE COUNTERFEIT. 

The Committee having attended the service appointed them 
Report, that they have satisfactory evidence that the Bill refer'd to 
in their Commission was struck off from the Province Plate; and 
it is the Opinion of the Committee that said Bill was designed for 
a Proof of the goodness of the Plate, & was probably neglected 
by the Persons concerned in striking off said Bills, and afterwards 
secreted, or found, and signed and utter'd by some evil minded 
Persons; and they [have] ' no reason to suppose that there is any 
number of such false Bills current. 

John Jeffries per Order 

Eead & Accepted. [Passed March 22. 



Legislative 
Records of the 
Council, 
xvii. (4), 350. 
Mass. 
Archives, 
xviii., 191. 

Mass. 
Arcliives, 
xviii., 188. 
House Jour- 
nal, p. 207. 
Ante, p. 307, 
chap. 172. 



CHAPTER 297. 

ORDER REFERRING THE PETITION OF CPT JN" HOMANS EXECUTOR. 

On the Petition of Cpt. John Homans, [ante^ p. 307, chap. 172] 
Ordered that this Petition be refer'd to the next May Session for 
further Consideration. [Passed March 22.^ 

1 Inserted from Mass. Archives, cii., 348. 

* Not signed in Mass. Archives ; signed in Legislative Records of the Council. 



[3d Sess.] Province Laws {Resolves, etc.). — 1743-44. 355 



CHAPTEK 298. 

ORDER REFERRING THE PET'* OF DIVERS INHABITANTS OF LEICESTER 

& RUTLAND. 

Ox THE Petition of Jonathan Witt, John How, and others, Legislative 
Inhabitants of the Towns of Leicester & Rutland, [ante, p. 299, cou«df°**^'' 
chap. 155] '■ xvii. (4)'. 350. 

Ordered that the consideration of this Petition be further refer'd Province 
to the next May Sessions, that so the Petitioners may have an oppor- note.' ' Ante, ' 
tunity to notify the Towns of Leicester & Rutland of this Order; Pgg299, chap, 
which they have hitherto failed of doing.' [Passed March 22."^ 



CHAPTER 299. 

RESOLVE MAKING PROVISION FOR AN EXPRESSION OF LOYALTY ON 
THE BIRTH OF A PRINCE AND THE MARRIAGE OF A PRINCESS. 

The House taking into consideration his Excel^^ Message of this Legislative 
morning relating to the birth of a prince son of his Royal iHighness councif, xvihf 
the prince of Wales and to the Marriage of the princess Louisa and ^p., 558. 
being ready to express their joyful Sense of every happy Event to Archives, 
his Majesty & the Royal Family. Therefore -''"^•' ^^'^- 

Resolv\l that the Court meet this afternoon at five o'Clock in the Refords'of%he 
Court house and that proper provision be made that they may shew Council, 
their Duty & Loyalty on these haj^py Occasions. [Passed Ajjril 5. 36o"w. 'House 

Journal, p. 212. 



CHAPTER 300. 

ORDER DIRECTING THE SELECT MEN OF BOSTON TO MAKE PROVISION 
FOR THE SUPPORT OF PERSONS AFFLICTED WITH SMALL POX. 

A Memorial of the Select Men of the Town of Boston, shewing Legislative 
that altho the Province provides for the support of the sick at the councif *^* *^^ 
Hospital, that are not able to provide for themselves; yet no pro- xvii. (4)*, seo. 
vision is made for the support of such indigent persons there, as Archives, 
are well or recovered ; therefore Praying that this Court would give Jxxxvii.,-287. 
Orders for the charge of subsisting such of the Officers and Seamen ^fchives 
belonging to the Bilander Young Eagle, detained at said Hospital, ixxxvii.,'286. 

^ ^1 1 & & ' 1 ' Legislative 

as are well or recovered. Records of the 

Read and Sis'^sss.'^''"'' 

OrderW That the Select men of Boston be directed and impowerVl House Jour- 
to make prudent provision for the Support of such persons ref errd "'"^ ' ^' 
to in said Memorial as are in danger of being infected with the 
Small pox & to take further care that such persons as are not liable 
to said Distemper come ashoar or remove from said privateer in such 
manner as that there may be no danger of their conveying the In- 

' Not found in the House Journal. The Secretary's record closes "Consented to, 
J. Belcher," a mistake for W'" Shirley, who entered upon the office of Governor on August 
17, 1741. 

' Adjourned to April 4. See Legislative Records of the Council, xvii. (4), 357. 



356 



Province L,Aws(Besolves,etc.). — nA3-U. [Chaps. 301-303.] 



fectiou in their Cloaths or otherwise the charge of the whole to be 
born by the persons themselves as far as they are able & the remain- 
ing part by the province. [Passed April 5.^ 



CHAPTEE 301. 



ORDER ABOUT WARLIKE STORES. 



Legislative 
Records of tlie 
Council, xvii., 
Mis., 558. 
Mass. 
Archives, 

£ — r^^ Ordered that the Com**^® appointed the 11*'* of Nov' last to pur- 
Records of the chase warlike Stores purchase the same from Great Britain or else- 
xviM4)', 3B2. where according to their best Discretion. [Passed A^jril 18.^ 

House .Jour- 
nal, pp.129, 214. 

Ante, p. 311, . 

chap. 183. 



CHAPTER 302. 



ORDER OF NOTICE WITH STAY OF EXECUTION ON THE PETITION OF 
HEN. VENNER FOR A WRIT OF REVIEW OF AN ACTION. 



Legislative 
Records of the 
Council, 
xvii. (4), 363. 

House .Jour- 
nal, p. 216. 



A Petition of Henry Venner of Boston; Shewing that at the 
Inferior Court of Common Pleas for the County of Suffolk held 
at Boston in January last, John Jones recovered Judgment against 
him by default for £39. 19 lawful money; which was owing to the 
Petitioners ignorance of the method of proceeding; and therefore 
praying that he may be allowed to bring forward his Writ of Review 
of the said Action at the next Inferior Court for said County. 

Read and 

Ordered that the Petitioner serve the adverse party the within 
named John Jones with a Copy of the Petition, that he shew cause 
if any he hath, on the first Fryday of the next May Session, why the 
prayer thereof should not be granted, and that Execution within 
mentioned is stayed in the mean time: Provided the Petitioner give 
sufficient security to the Sheriff of the County of Suffolk to pay such 
sum as may be finally recovered of him at the Suit within mentioned, 
with lawful Interest from this time. [Passed April 24. 



CHAPTER 303. 



ORDER REFERRING THE MEMORIAL OF ISAAC LITTLE ESQ^. 



Legislative 
Records of the 
Council, 
xvii. (4),. 364. 

House .Jour- 
nal, p. 216. 
Ante, p. 303, 
chap. 164. 



On THE Memorial of Isaac Little Esq"" [ante, p. 303, chap. 164] 
Read, together with the answer of Nicholas Sever Esq' and 
Ordered that the further consideration of this Memorial be refer'd 
to the first Tuesday of the next May Session; and it is Recommended 
to the Parties to submit the whole of the Affair within mentioned to 
the Determination of three such Gentlemen as sliall be mutually 
chosen, the Agreement of any two of them to be final, and that 
each Party deliver to the Referrees all such papers as may be neces- 
sary to give light in the affair. [Passed April 25. 

> Adjourned to April 18. See Legislative Records of the Council, xvii. (4), 361. 
2 Adjourned to April 24. See Legislative Records of the Council, xvii. (4), 363. 



[3d Sess.] Province Laws (liesolves, etc.). — 1743-44. 357 



CHAPTER 304. 

ORDER DIRECTING THE COMMITTEE FOR CASTLE WILLIAM TO RENDER Legislative 

AN ACCOMPT. Councfl!''**''^ 

xvii. (4)', 366. 

Ordered that the Committee appointed for purchasing Materials House Jour, 
and employing Workmen about the Repairs of Castle William do ^nif,'p^m, 
render an Accompt of their past proceedings in that matter to this chap! 230. 
Court, as soon as may be. [Passed April 26. 



CHAPTER 305. L^fSo^%he 

Council, xvii,, 
IVI i s 55y 
ORDER DIRECTING THE TREASURER TO RECEIVE THE OLD OUTSTAND- Mass. 

ING BILLS OF CREDIT. Archives, cii., 

3o2. 



Ordered that the Treasurer be directed to recieve in payment Refords'of the 
all the Old outstanding Bills of this Province ; and that it be an ^v^wl)' 36.5 
Instruction to the Committee app*®'^ to Consume the Old torn House Jour-' 
and defac'd Bills to discharge the Treasurer of them accordingly. ^nie,'^}li\, 
{Passed April 26. chap! 289. 



CHAPTER 306. 

ORDER AW THE COUNTERFEIT PLATES OF RHOAD ISLAND BILLS, 

Ordered that the Clerk of the Superior Court be directed to Legislative 
deliver into the Secry's Office the several counterfeit Plates of councif °**^^ 
any of the publick Bills of Credit of the Colony of Rhode Island, xvii. (4)', 365. 
which have at any time been seized & lodged in the said Clerk of Archives, cii., 

the Superior Courts Office, And that the Secretary be directed to ^ 

write to the Governm* of Rhode Island, & acquaint them that he nai'^l*' 219"^' 
is ready to deliver said Plates to any Person they shall appoint to 
receive the same. [Passed April 26. 



CHAPTER 307. 

VOTE DIRECTING THE TRANSFER OF AN APPROPRIATION FOR THE 
PAY OF Y« REPRESENT'^'Es. 

Voted that the sum of One Hundred and eighty Three Pounds Legislative 
six shillings and eight pence be taken from the Appropriation of c^f,nc^f *^* ^'^^ 
Two Thousand six hundred and fifty Pounds in the last Supply xvii. (4)', 368. 
Act, and the further sum of Thirteen Pounds three shillings and Province 
ten pence be taken from the Appropriation of Two Hundred and ch*ap!i3"'' ' 
sixty eight Pounds in said Act, and that the two aforesaid sums, 
amounting to One Hundred and ninety six pounds six sliillings 
and six pence, be removed to the Appropriation for the jxay of the 
Members of the House of Representatives.' [Passed Aj^ril 27. 

• Not found in the House Journal. 



RESOLVES, ORDERS, VOTES, 

ETC. 

Passed 1744-45. 



[359] 



LEGISLATIVE LIST^ 



1 744-45 



His Excellency WILLIAM SHIELEY, 

Captain-General and Governor-in-chief, etc. 
JOSIAH WILLARD, Esq., 

SECRETARY OF THE PROVINCE. 



COUNCILLORS OR ASSISTANTS. 

Of the Inhabitants of or Proprietors of Lands within the Territory formerly 
called the Colony of the Massachusets Bay ; 



John Osborne 
Francis Foxcroft 

JOSIAH WiLLARD 

Jacob Wendell 
Thomas Berry 
Joseph Wilder 
Benjamin Lynde, Jr. 
Samuel Danforth 
William Foye 



JoHN^ Greenleaf 
Samuel Waldo 
Samuel Watts 
Joseph Dwight 
• EsQRS. Richard Saltonstal 

John Chandler 

EZEKIEL ChEVER 

Eliakim Hutchinson 
James Bowdoin 



• ESQRS. 



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

John Gushing ) George Leonard ) 

Nathaniel Hubbard p^Q^^- Sylyanus Bourn JEsqrs. 

Of the Inhabitants of or Proprietors of Lands luithin the Territory formerly 
called the Province of Mayn ; 

William Pepperil, Jeremiah Moulton" and John Hill, Esqrs. 

Of the Inhabitants of or Proprietors of Lands loithin the Territory lying 
between the River of Sagadahock £ Nova Scotia ; 

John Jeffries, Esq. 

» See Legislative Records of the Council, xvii. (4), 372-377. 
[361] 



362 Province LiAws (liesolves, etc.). — 1744-45. [Representatives.] 

For the Province, at large : — 
Daniel Russel & AVilliam Brown, Esqrs. 



REPRESENTATIVES OR DEPUTIES. 
May 30, 1744 to April 25, 1745. 



Mr. THOMAS GUSHING, Speaker. 



County of Suffolk. 
. . Thomas Gushing, Esq., 

Mr. Timothy Prout, 

Thomas Hutchinson, Esq., 

Andrew Oliver, Esq. 

Joseph Heath, Esq. 

Capt. Thomas Wiswall. 

Samuel Swift, Esq. 

John Quincy, Esq. 

Major Adam Gushing. 

Mr. Thomas Gill. 

Joseph Richards, Esq. 

Mr. Joshua Morse. 

Major James Blake. 

Samuel White, Esq. 

Gapt. John Shepherd. 

County of Essex. 

. Capt. Benjamin Pickman. 

. John Choat, Esq., 
Daniel Appleton, Esq. 
. . Henry Rolfe, Esq., 
Joseph Gerrish, Esq. 
Marblehead, . James Skinner, Esq. 
Lyn, .... Capt. William Collins. 
Andover, . . Capt. Nathaniel Fry. 
Beverly, . . Robert Hale, Esq. 
Rowley, . . . John Hobson, Esq. 
Salisbury, . . Mr. Caleb Gushing, Jr. 
Haverhill, . . Capt. Philip Hazleton. 
Amesbury, . . Capt. John Blaisdel. 
Olocester, . . Mr. William Parsons. 
Topsjield, . . Mr. Jacob Peabody, 
Boxford, . . Mr. Benjamin Porter. 
Bradford, . . Mr. William Hardy, Jr. 
We7iham, . . Mr. John Dodge. 
Middleton, . . Mr. Timothy Fuller. 

County of Middlesex. 
Cambridge, . Andrew Boardman, Jr., 
Esq. 

' Sic, for 



Boston, 



Roxbury, 

Dorchester, 

Milton, . 

Brantree, 

Weymouth, 

Hingham, 

Dedham, 

Medjield, 

Wrentham, 

Brooklyn, 

Stoughton, 

Salem, . 
Ipswich, 

Newbury, 



County of 

Charlestown, 



Watertown, 

Woburn, 

Concord, 

Reading, 

Neivtown, 

Sudbury, 

Oroton, . 

Marlboro, 

Billerica, 

Fraiyiingham 

Lexington, . 
Chelmsford, 
Maiden, . 
Weston, . 
Medford, . 
Littleton, 
Habkinton,^ 
Westford, . 
Toivnshejid, 
Stow, 
Waltham, . 



Middlesex — Concluded. 
. Chambers Russel, Esq., 

Isaac Royal, Esq. 
. Mr. Jonas Bond. 
. Rowland Cotton, Esq. 
. James Minot, Esq. 
. Mr. Samuel Bancroft. 
. Mr. Thomas Greenwood. 
. Ephraim Curtis, Esq. 
. William Lawi'ence, Esq. 
. Mr. Samuel Wit. 
. Capt. Enoch Kidder. 
. Joseph Buckminster, Jr., 

Esq. 
. Gapt. William Read. 
. Gapt. Samuel Chamberlain. 
. Mr. Joses Bucknam. 
. Mr. Josiah Brewer. 
. Mr. Andrew Hall. 
. Capt. Jonathan Prescot. 
. John Jones, Esq. 
. Capt. Thomas Read. 
. Gapt. John Stevens. 
. Mr. Phineas Rice. 
. Mr. John Cuttins:. 



County of Hampshire. 



Springfield, 

Northampton, 

Hadley, . 

Hatfield, 

Westfield, 

Suffield, 

Deerfield, 

Stockbridge, 



Joseph Pynchon, Esq. 
Timothy Dwight, Esq. 
Eleazar Porter, Esq. 
Oliver Patridge, Esq. 
Thomas Ingersol, Esq. 
Samuel Kent, Esq. 
Elijah Williams, Esq. 
Ephraim Williams, Esq. 



County of Worcester. 

Worcester, . . Benjamin Flag, Esq. 



Lancaster, 

Mendon, 

Woodstock, 

Hopkinton. 



Capt. Ephraim Wilder. 
Gapt. Robert Taft. 
Mr. Jabez Lyon. 



[Representatives.] Province Laws (i?eso?ye.s', e^c). — 1744—45. 363 



County of Worcester — Concluded. 



CouNTv OK Bristol — Concluded. 



Brookjield, . 
Sutton, . 
Westboro, . 
Shrewsbury, 
Southbord, . 



Thomas Gilbert, Esq. 
Mr. Elisha Putnam. 
Capt. Edward Baker. 
Nathan Ward, Esq. 
Mr. Samuel Lyscomb. 



County of Plymouth. 

Plymouth, . . Mr. Thomas Foster. 



Scituate, 
Ditxbury, . 
Marshfield, 
Bridgwater, 
Middleboro, 
Rochester, . 
Plymjiton, . 
Pembroke, . 



Thomas Clap, Esq. 
Capt. Gamaliel Bradford. 
Otis Little, Esq. 
John Ilolman, Esq. 
Mr. Samuel Wood. 
Mr. Elisha Barrow. 
Mr. Benjamin Weston. 
Mr. Daniel Lewis, Jr. 



County of Barnstable. 

Barnstable, . Mr. Robert Davis. 

Yarmouth, . . John Hallet, Esq. 

Eastham, . . Capt. Samuel Knowles. 

Harwich, . . Mr. Chillingworth Foster. 

Truro, . . . Mr. Jonathan Payne. 

Sandwich, . . Mr. Samuel Tupper. 



Bristol, 



County of Bristol. 

. Stephen Payne, Esq. 



Taunton, . 
Rehoboth, 
Little Comjiton, 
Dartmouth, . 
Norton, . 
Attleboro, 
Dighton, . 



Swanzey, 



John Godfrey, Esq. 
Capt. Daniel Carpenter. 
William Richardson,* Esq. 
Mr. Moses Mend ell. 
Capt. Josiah Norton .« 
Capt. Mahew Dogget. 
Sylvester Richmond, -fr., 

Esq. 
Perez Bradford, Esq. 



County of York. 

Capt. Jonathan Bane.' 
. Mr. Tobias Leighton. 
. Joseph Sawyer, Esq. 
. Mr. Samuel Waldo, Jr. 
, Mr. David Dunning. 
. Mr. Moses Butler. 
. Mr. Samuel Small. 
. Mr. Rushworth Jordan. 
. Capt. Thomas Perkins. 



York, . 

Kilter y, . 

Wells, 

Falmouth, 

Brunswick, 

Berivick, . 

Scarboro, 

Biddeford, 

Arundel, . 

North Yarmouth, Capt. Cornelius Sale.* 

Dukes County. 

Edgar Town, . John Noiton, Esq. 

In the County ok Nantucket. 
Sherburn, . . Mr. John Bunker. 



' The House Journal, p. 4, reads, " William Richmond." 
2 The House Journal, p. 4, reads, "Josiah Pratt." 
' The House Journal, p. 4, reads, " Jonathan Bean." 
♦ The House Journal, p. 4, reads, "Corn. Sole." 



RESOLVES, ORDERS, VOTES, ETC. 

Passed at the Session begun and held at Boston, 
ON the Thirtieth Day of May, A.D. 1744. 



riTTAPTTlT? 1 Legislative 

Ky n J± IT ± Ih JX X. Records of the 

Council, 

xvil. (4), 391. 
VOTE REQUESTING THE GOVERNOR TO APPOINT A FAST DAY. 

Mass. 

Archives, xii., 

Whereas His Majestys Declaration of War with the French King 344^ R^(^|rd8 of 
has this Day been published : the Council, 

Voted that His Excellency the Governor be desired to issue out s^'ms* 391'^' 
a Proclamation for setting apart a Day of Fasting and Prayer to ^^1^^!,*^ ^3"^' 
Almighty God for imploring the Divine Blessing on His Majestys Love's Fast 
Arms, & Protection of his People and this Government in partic- gfvl^s^Days" of 
ular, from the distressing calamities of War.' [Passed* June 3. ^^f^^^^^^'^^^' 



CHAPTER 2. 

ORDER DIRECTING THE PROVINCE TREASURER TO PROSECUTE DELIN- Legislative 

QUENT COLLECTORS OF EXCISE. Records of the 

Council, 
xvii. (4),399. 

Ordered that the Treasurer be directed to prosecute all those Col- House Jour- 
lectors of Excise who have not paid the full Ballance due before the °*i» v- 1'- 
Year 1743. [Passed June 7. 



CHAPTER 3. 

VOTE IMPOWERING THE COMMISS^^ GOING TO ALBANY. Legislative 

Records of the 
Council, 

Voted that the Commissioners for treating with the Government xvn. (4),4oo. 
of New York and the neighbouring Governments be and hereby Legislative 
are fully authorized to treat with said Governments or Commis- council!" 
sioners chosen by them respectively, either separately or conjunctly, ^4)"39i^39r' 
at such times and places as they shall judge best in order to accom- 39.V6ts,'396 ter. 
plish the ends proposed by appointing them. [Passed June 7. q&i^^.'^i!^ 

* The fast was appointed June 28, 1744, and was public. 
[365] 



366 



Province Laws {Resolves, etc.). — 1744-45. [Chaps. 4-7.] 



CHAPTER 4. 

Legislative ORDER EMPOWERING THE COMMITTEE ON DEFENCE TO CONTRACT 

Records of the POR GUN POWDER. 

Council, 
xvii. (4), 401. 

Legislative Ordered that the Committee for Defence be and hereby are directed 

Counc'if'^* *^^ in behalf of the Province to contract in the best manner they can 
xvii. (4)', 378, with somc Substantial Merchants for Four Hundred Barrels of Gun 

384,389,392,395, t) i j r D 7 r r, 

399; 401. Powder. [Passed June 7. 



CHAPTER 5. 



Legislative 
Records of the 
Council, 
xvii. (4), 402. 

House Jour- 
nal, p. 24. 



VOTE ALLOWING £50 TO THE SECRETARY FOR A CLERK. 

Voted that the sum of Fifty Pounds be allowed out of the publick 
Treasury to M"" Secretary Willard to enable him to provide an other 
Clerk for his assistance the present year in his business, which is 
greatly increased by means of the War with the French ; said sum 
to be paid at the expiration of the Year. [Passed June 8. 



CHAPTER 6. 



Legislative 
Records of the 
Council, 
xvii. (4), 403. 

House Jour- 
nal, p. 22. 
Ante, p. 329, 
chap. 238. 



ORDER REFERRING THE PETITION OF SAMi- ENDICOT. 

On the Petition of Samuel Endicot, [ante, p. 329, chap. 238] 
Ordered that the consideration of this Petition be refer'd to the 

next Sitting of the Court, and that the Committee then make Ee- 

port. [Passed June 8. 



CHAPTER 7. 



Legislative 
Records of the 
Council, 
xvii. (4), 404. 

House Jour- 
nal, p. 24. 
Ante, p. 321, 
Chap. 210. 



ORDER REFERRING THE PETITION OF DAVID PACKARD AND OTHERS 
TO BE RETURNED TO BRIDGEWATER. 

On THE Petition of David Packard and others of Bridgewater, 
[ante, p. 321, chap. 210] 

Ordered that the consideration of this Petition be refer'd to the 
second Fryday of the next Sitting of the Court. [Passed June 9.^ 

> Not found in the House Journal. 

" This date is according to the House Journal ; according to Legislative Records of the 
Council the date is June 8. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1744-45. 367 



CHAPTER 8 Legislative 

^<y ^^-^^^ a. -Li XL u . Records of the 

Council, 
xvii.(4),407. 
VOTE ESTABLISHING THE WAGES OF THE OFFICERS AND SAILORS ON -^ 

THE VESSELS GUARDING THE FISHERIES. Records^of the 

Council, 

Voted that the Wages of the Officers and Sailors on board the 3ffi^i^5^/m%s, 
two Guard Sloops, appointed for the service of the Province, be ^^''- House 
agreable to the Establishment of the Officers on board the Province Ante,p.'u, 
Snow. {Passed June 11. chap.m. 



CHAPTER 9. 

ORDER ALLOWING NOAH JOHNSON £3. 10 PER ANNUM FOR FOUR 

YEARS. 

A Petition of Noah Johnson of Suncook, Shewing that he was Legislative 
wounded in the fight at Pigwacket when Opt. Lovel was slain, that councif °^*'^^ 
he has had a pension from this Government which is now expired, x vii. (4)', 408. 
and his wounds not yet healed; praying therefore that his pension House Jour- 
may be renewed. Provincl^' ^^" 
Read and diT Vi "'' ^^* 
Ordered that there be allowed and granted to the within named 
Petitioner Noah Johnson, out of the publick Treasury, three Pounds 
ten shillings. Bills of the last Emission or other Bills equivalent 
thereto, per annum for four years next ensuing year,' provided the 
Petitioner lives that Term. S^Passed June 12. 



CHAPTER 10. 

VOTE FOR RAISING TROOPS TO BE SENT TO ANNAPOLIS ROYAL. 

Whereas the Preservation of His Majestys fortress at Annapolis Legislative 
Royal is an affair of great importance to the Crown as well as to the counclf *^* ^^^ 
respective Governments in New England, and that until the arrival xvu. (4)', 409. 
of some Forces there, from Great Britain, it may be for His Majes- Mass. 
tys service to afford them some immediate relief, ixxii.^eao. 

Therefore Refordfofthe 

Voted that His Excellency the Captain General be desired to give Council, 
his Orders for raising two Independent Companies of Voluntiers, House Joui-^ 
consisting of Sixty men each, exclusive of Officers, to be sent to nai.P-28- 
that Fortress as soon as may be, at the expence of this Province. 

And for encouragement to good and effective men to enlist in 
this service : 

That there be and hereby is granted to be paid out of the Prov- 
ince Treasury to each able bodied man that shall enlist Twenty 
Pounds old Tenor or other Bills equivalent, and that they be freed 
from all ordinary Impresses in this Province three years after their 
return; and that His Excellency the Governor be desired to acquaint 
the neighbouring Governments with the state of that Fortress, that 
they may afford a reasonable aid of men for the aforesaid purposes. 

I The word " year " is omitted in the House Journal, p. 28. 



868 



Province Laws {Resolves, etc.), — 1744-45. [Chaps. 11-13.] 



And in as much as the said Forces are neither to be subsisted 
nor paid by this Province, during their continuance there, that 
His Excellency be further desired to use his good Offices with the 
Commander of that Fortress for obtaining Pay and subsistence for 
said Companies from the Crown until their return home. \_Passed 
June 12. 



CHAPTER 11. 



ORDER OF NOTICE ON THE REPORT OF THE LINE BETWEEN SHEFFIELD 
& THE TOWNS NO ONE & N" TWO. 



Legislative 
Records of the 
Council, 
xvii. (4), 410. 

House Jour- 
nal, p. 29. 
Ante, p. 334, 
chap. 249. 



On a Eeport signed John Hurston Survey"" and sworn to by him 
and two Chain men for settling the Line between Sheffield and the 
Townships Number One' and Number Two.' 

The within Survey having been taken in pursuance of an Order 
of this Court in February last, Read, and thereupon. 

Ordered that the Representative of the Town of Marlboro notify 
the Proprietors of Number Two, and the Representative of the Town 
of Weston, notify the Proprietors of Number One adjoining to said 
Sheffield, that they shew cause if any they have, the first Tuesday 
of the next Fall Session, why the Line within mentioned should not 
be established. \^Passed June 12. 



CHAPTER 12. 



VOTE FOR BUILDING FORTIFICATIONS WEST OF COLRAIN. 



Legislative 
Records of the 
Council, 
xvii. (4), 413. 

House Jour- 
nal, p. 32. 
Ante, p. 311, 
chap. 184. 



Voted that the Captain General be desired to give Orders that 
three or four Garrisons be erected as soon as may be in or nigh a 
Line from Colrain, so called, to the Dutch Settlements, in such 
places as he shall judge best for His Majestys service and defence 
of his subjects, on the Frontier West of Connecticut River; and 
that the Overplus of the money (if any there be) which was Ordered 
by this Court in their Session in November last, to be put into the 
hands of the Hon^'*^ John Stoddard Esq"" and others, to be by them 
paid for the building of Garrisons West of that River, be applied 
to that purpose; and that there be allowed, if need be, a further 
sum not exceeding Fifty Pounds to be paid out of the Province 
Treasury, to eifect the purposes afore said: the Committee to be 
employed to be accountable. \^Passed June 14. 



CHAPTER 13. 



ORDER OF NOTICE ON THE PETITION OF JABEZ EDY OF MIDDLEBORO, 
& OTHERS TO BE SET OFF TO BKIDGEWATER. 



Legislative 
Records of the 
Council, 
xvii. (4), 415. 

House Jour- 
nal, p. 32. 



A Petition of Jabez Edy and others of the East Precinct in 
Middlebor6, setting forth their inconvenient situation for said Pre- 
cinct, and praying that they may be set off to the new Parish in 
Middleboro and Bridgwater. 

« These towns were: No. 1, Tyringham; No. 2, New Marlborough. 



[1st Sess.] Province Laws (^Resolves, etc.). — 1744-45. 369 

Read and ^'ip'.L'''' 

Ordered that the Petitioner serve the West Parish in Middle- 
borough with a copy 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. \Passed June 15. 



CHAPTER 14. 

ORDER IMPOWERING THE TOWN OF HAVERHILL TO SELL MINISTRY 

LANDS. 

A Petition of a Committee of the Town of Haverhill setting Legislative 
forth the inconvenient situation & circumstances of some of the councif, °* ^"^^ 
Ministry Land ; praying for liberty to sell the same and purchase xvii. (4), 4i5. 
other Lands more convenient for the use aforesaid. House Jour. 

Read and ' ^' 

Ordered that the prayer of the Petition be granted and that the 
Petitioners together with M"" Philip Hazletine, as Agents in trust 
for and in behalf of the Town of Haverhill be and hereby are fully 
authorized and impowered to make sale of the Lands within men- 
tioned, and make Conveyances thereof in the law, and the money 
coming by the sale thereof to be by them employed to purchase 
such Lands as the Town of Haverhill shall order, and receive Deeds 
of the same, to the use of the Ministry in said Town, in the same 
manner and proportion as the Lands, hereby ordered to be sold, 
were granted by said Town. [Passed June 15. 



CHAPTER 15. 

ORDER OF NOTICE ON THE PETITION OF THE WEST PRECINCT IN 
WOODSTOCK TO LEVY A TAX ON LAND. 

A Petition of Joseph Chaffee in behalf of the West Precinct in Legislative 
Woodstock; praying that a Tax of Two pence per acre per annum councff °* '^^*' 
may be laid on all the unimproved Lands in said Parish for the xvii. (4)', 417 . 
next two years, for building a Meeting House and settling a Min- House Jour- 
ister there. nai,p.35. 

Read and 

Ordered that the Petitioner notify the Non Resident Proprietors 
of said Land by inserting the substance of this Petition in the Bos- 
ton Gazett three several times, that they shew cause if any they have, 
on the first Tuesday of the next Session of this Court why the prayer 
thereof should not be granted. [Passed June 16. 



22, 32, 33. 



370 'Province Li AWs(I{esoIves, etc.). — 1744-45. [Chap. 16.] 



CHAPTER 16. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE FOR DEFENCE &°. 

sl^^rds^of the JoHN OsBORNE EsQ^ froni the Committee for the Defence of the 
Council, ^ Province gave in the following Eeport, viz* 

xvii. (4), 417. rpj-^g Committee upon the Defence beg leave further to report: 
Rifords'of the ^^^ answer to the Petition of Thomas Perkins & others, that Five 
Council, Pounds be granted to be paid to the Petitioner for compleating the 

3Si his, 399, 401, Garrisou round his House, and the sum of Seven Pounds ten shil- 
House^jour- Ungs for perfecting that round the house of M'' Jabez Dorman, and 
nai,pp.ii,i9, Three Pounds for repairing that round the house of the Eev*^ M'' 
Hovey; they giving security for its being employed m manner as 
aforesaid. 

That in answer to the Petition of the Inhabitants of Biddeford 
Arundel and Wells, there be paid out of the Province Treasury the 
sum of Fifteen Pounds, Bills of the last Emission, towards build- 
ing Garrisons in the Town of Wells, viz* ihe sum of Twelve Pounds 
to be laid out at a place called Kennebunk, and the remaining sum of 
Three Pounds to be laid out at a place called Merryland in said Wells, 
as the Captain General shall order; nothing having been allowed to 
the Town of Wells by the General Court in November last for For- 
tifications &•= 

That in answer to the Petition of the Rev'^ M'' Benjamin Allen 
of Falmouth, Ten Pounds be allowed him for erecting a suitable 
Fortress round his House, to be put into the hands of the Repre- 
sentative of said Town for that purpose ; he giving security for the 
same. 

That Joseph Wilder Esq"" and others of the Committee employed 
for Garrisons at New Rutland, be directed, out of the money assigned 
for that purpose, to build a Garrison round the house of Eleazar 
Brown [s] dwelling in the North East quarter of Rutland, being in 
the Road from Lancaster to Nichewog, provided it exceed not the 
sum of Twelve Pounds ; it being a very convenient place for a Gar- 
rison. 

That a Committee be appointed in behalf of the Province to pur- 
chase at the easiest rate. Five hundred good Fire Arms Tower mark, 
one half with Bayonets, also one hundred and fifty cutlaces, and 
ten arquebusses. 

In answer to the Petition of Biddeford, that there be allowed the 
Rev'' M"" Moses Morrill, Ten Pounds to build a suitable Fortress round 
his house, to be put into the hands of M'' Rushworth Jordan, Rep- 
resentative of said Town, he giving security that the same shall be 
employed for that purpose. 

And the Committee beg leave again to sit further to proceed upon 
the important affairs before them. 

By Order of the Committee John Osborne. 

Read and Accepted, and the several sums proposed to be granted, 
be and hereby are granted and 

Oi'dered to be paid out of the publick Treasury for the pur- 
poses herein mentioned: And the Committee for purchasing Warlike 
Stores are directed to procure the Arms, Cutlasses and Arquebusses. 
\_Passed June 16. 



[1st Sess.] Province Laws {Resolves, etc.). — 1744-45. 371 

CHAPTEK 17. 

ORDER ALLOWING ELEA. ROGERS £4 PER ANNUM FOR FIVE YEARS. 

A Petition of Eleazar Eogers of Plymouth, shewing that in con- Legislative 
sideration of his being wounded in the publick service, he has for councif, °* *^^ 
many years received a pension out of the publick Treasury, settled xvii. (4), 420. 
on him for life, but by the fall of the Bills the value of his pension House Jour. 
is sunk ; praying that he may have some further Allowance out of province' 
the publick Treasury. chap-'i^"" *^' 

Read and 

Ordered that there be allowed out of the publick Treasury to the 
Petitioner Four Pounds, Bills of the next Supply, per Annum for 
five years next coming; provided the Petitioner lives that term. 
\^Passed June 16. 



CHAPTER 18. 

ORDER REVIVING AND REFERRING THE PETITION OF INHABITANTS OF 
RUTLAND & LEICESTER TO BE ERECTED INTO A PRECINCT. 

A Petition of Matthias How in behalf of divers Inhabitants of R*'^*f^%®ti, 
the Towns of Leicester and Rutland, praying for a new Precinct, council, 
shewing that by reason of divers accidents and occurrences the said Ma'ss.^*^'^^^" 
Petition which was entered the 14^'' of September last, has never Archives, xii., 

yet been fully considered and determined but is now discontinued ; — '- 

and therefore praying that the said Petition may be revived and Archives, xii., 
determined upon. Law8Tmr°6*5! 

[Read and] note. House 

Ordered That the Petition within referr'd, to be and hereby is ^M"e,"p.'28i,' 
reviv'd, and the Consideration thereof further referr'd to the Second ^'^^p- ^''^• 
Tuesday of the next Sitting of this Court; and That the Memorialist 
Serve the Towns of Leicester and Rutland with Copies of this Memo- 
rial and the before mentioned Petition, that So they may Shew Cause, 
at the Day aforesaid, if any they have, why the Prayer thereof Should 
not be granted. [^Passed June 19. 



CHAPTER 19. 

ORDER ALLOWING A BOUNTY OF £20 FOR ENCOURAGING VOLUNTIERS 

FOR ANNAPOLIS. 

Ordered that each able bodied effective soldier on the Enlistment t'^^'^l^"^? ^ 
for Annapolis Royal receive Five Pounds old Tenour voted for their council, 
encouragement; and that the sum of Twenty Pounds old Tenour be xvii.(4),426. — 
paid them on their being mustered in the Town of Boston or such Rlfordfof the 
other place as His Excellency shall appoint, under their proper Offi- Council, 
cars, compleat in their Arms at their own charge. [^Passed June 20. Hou'se^iour^' 

nal, pp.3,S41. 
Ante, p. 367, 
chap. 10. 



372 



Province Laws {Resolves, etc.). — 1744-45. [Chaps. 20-22.] 



Legislative 
Records of the 
Council, 

xvii. (4),426. 

Mass, 
Archives, 
cxiv., 440,441. 
House Jour- 
nal, p. 23. 
Ante, p. 262, 
chap. 59. 



CHAPTER 20. 

ORDER CONFIRMING A PLAT OF 9,423 ACRES OF LAND TO LOWER 
ASHUELET PROPRIETORS. 

A Plat of Nine Thousand four hundred and twenty three acres 
of land lying East of & adjoining to Boston Township on Housa- 
tannck River, laid out by Oliver Patridge Esq"" and Chain men on 
Oath to satisfy a Grant of the General Court, to the Proprietors of 
the Lower Ashuelet. 

Read and 

Ordered that this Plat be accepted, and the lands therein delin- 
eated and described be confirmed unto the Proprietors of the Lower 
Ashuelet and their Assigns for ever; provided it exceeds not the 
quantity of the Grant, nor interfere with any former Grant. \^Passed 
Jime 20. 



CHAPTER 21. 



ORDER CONFIRMING A PLAT OF 130 ACRES OF LAND TO THOMAS 

INGERSOL ESQ". 



Legislative 
Records of the 
Council, 
xvii. (4), 427. 

House Jour- 
nal, p. 16. 
Ante, p. 226, 
Chap. 237. 



A Plat of One Hundred and Thirty Acres of Land laid out by 
John Hurston Survey'' and Chain men on Oath, to fulfill a grant 
made by the General Court to Thomas Ingersol Esq'' lying on the 
West side of Sheffield, bounded as follows viz*^ Beginning at a White 
Oak tree mark'd and stones about it, at the West side of a small run 
of water called Dry Brook near the bottom of Sachamuck Moun- 
tain; thence running South &"■ West two hundred and forty six rods 
to a White Elm Tree marked, then East 6 Deg. South eighty four 
rods and an half, to a White Pine Tree marked and stones about it; 
thence North Six Deg. East two hundred and forty six rods to a stake 
with a heap of stones about it ; from thence West 6 Deg North eighty 
four rods and an half to the place first mentioned. 

Read and 

Ordered that the within Plat be accepted, and the lands therein 
delineated and described are confirmed to the within named Thomas 
Ingersol Esq"" his heirs and assigns for ever ; provided the Plan ex- 
ceeds not the quantity of the Grant k does not interfere with any 
former Grant. \^Passed June 20. 



CHAPTER 22. 



ORDER CONFIRMING A PLAT OF 300 ACRES OF LAND TO ELIAS VAN 

SCHACK. 



Legislative 
Records of the 
Council, 
xvii. (4), 427. 

House Jour- 
nal, p. 16. 
Province 
Laws, xli., 582, 
chap. 30. 



A Plat of Three Hundred acres of Land laid out by John Hurs- 
ton Survey"' and Chain men on Oath in part to fulfill a grant made 
by the General Court, of One Thousand Acres of Land to Elias Van 
Schack as an Equivalent for the Grantees Land at Stockbridge given 
for the use of the Indians, lying on the West side of Sheffield ; bounded 
as follows, viz^. Beginning at a Pine Tree marked standing a little to 



[1st Sess.] Province Laws {Resolves, etc.). — 1744-45. 



373 



the North West of a small inclosure made by David Winchel; thence 
running East 5 Deg. North, one hundred and eighty rods to a White 
Oak Tree marked and stones about it; thence South 5 Deg. East, two 
hundred and sixty seven rods to a couple of Hardbane Trees with 
stones about them, by a small run of water; thence West 5 Deg. 
South, one hundred & eighty rods to a Black Oak Tree marked, 
standing on the East side of Sachanuck Mountain; thence at right 
angles to the bounds first mentioned. 

Read and 

Ordered that the Plat be accepted, and the land therein described 
is confirmed to the within named Elias Van Schack his heirs and 
assigns for ever; provided it exceeds not the quantity of the Grant 
and does not interfere with any former Grant. \^Passed June 20. 



CHAPTEK 23. 

ORDER REFERRING THE PETITION OF DAN'- ADAMS &" OF MEDWAY 
TO BE ANNEXED TO HOLLISTON. 



On THE Petition of Daniel Adams and others of Medway, ^ante, Legislative 
p. 293, chap. 137] _ grn'c'r''"^ 

Ordered that the consideration of this Petition be refer'd to the xy1i.(4),428. 
Second Wednesday of the next sitting of this Court. \ Passed House Jour- 

T oin nal, p. 35. 
June 20. Ante, v. 293, 
chap. 137. 



CHAPTER 24. 



Legislative 
Records of the 
Council, 
xvil. (4), 429. 

VOTE FOR THE SUBSISTENCE OF THE RECRUITS FOR ANNAPOLIS. -^ 

Legislative 
Records of the 

Voted that Provision be made at the charge of the Province for Council, 
subsisting the two Companies design'd for Annapolis Eoyal, for 423 ftVs, 424, 426. 
three months. [Passed June 20. Sf^p^ fr'"' 

Ante, p. 367, 
chap. 10. 



CHAPTEE 25. 

VOTE DIRECTING THE COMMISSARY TO SUPPLY THE SOLD^s WEST- Legislative 

WARD WITH BREAD. Records of the 

Council, 

xvii.(4),429. 

Voted that the Commissary be directed to supply the Soldiers, House Jour- 
Westward, with bread. [Passed Jtcne 20. nai, p.42. 



CHAPTER 26. 



VOTE DIRECTING THE COMMISSARY TO SUPPLY BLANKETS FOR THE 

SOLDIERS. 



Voted that the Commissary be directed to supply the Captains of R*'^'^'l"^|tu 
the Soldiers lately impressed into His Majestys service with so many council, 
blankets as shall be wanted, and that the Soldiers pay for the same -'^^"•(^)'*^- 
out of their wages. [Passed June 20. na*i"p!42T' 



374 



Province Laws {Resolves, etc.). — 1744-45. [Chaps. 27-29.] 



CHAPTEE 27. 



Legislative 
Eecorrts of the 
Couucil, 
xvh. (4), 431. 

House Jour- 
nal, pp. 33, 43. 
Ante, p. 318, 
chap. 202. 



ORDER EMPOWERING MOSES SPEEN, INDIAN, TO SELL LAND. 

A Petition of Moses Speen of Natick Indian, praying for liberty 
from this Court to sell Thirty Eight Acres of Land, being part of 
a dividend of sixty acres in the said town, twenty two acres of which 
he has already obtained liberty to sell, and that the Produce thereof 
may be put out at Interest for his support in his old Age and sickly 
condition he is now in, he having no son to assist him. 

In the House of Eepresenf^^; Read and 

Ordered that the Petitioner have liberty and power with the ad- 
vice and assistance of Major Jones to sell the remaining part of the 
Dividend within mentioned; the said Jones to be accountable for 
the produce of the sale to this Court. 

In Council; Read and Coucur'd, and Francis Foxcroft Esq"" is 
joined in the affair. 

In the House of Represent^"^*; Read and Concur'd. \Passed 
June 21. 



Legislative 
Records of the 
Council, 
xvii. (4), 486. 

Legislative 
Records of the 
Council, 
xvii. (4), 435. 
House Jour- 
nal, pp. 44, 45. 



CHAPTER 28. 

VOTE ELECTING COMMITTEE TO SIGN BILLS OF CREDIT. 

The TWO Houses according to Order proceeded to the Election 
of a Committee for Signing Bills of Credit. 

And the following persons were chosen by the Major Vote of the 
Council and House of Representatives viz' John Jeffries Esq"", Josiah 
Willard Esq"", Samuel Watts Esq"", John Quincy Esq"", Thomas Cush- 
ing Esq'', Robert Hale Esq"", and Rowland Cotton Esq"" 

To which several Elections His Excellency signed his consent. 
[^Passed June 22. 



CHAPTER 29. 



VOTE FOR RAISING A THIRD COMP^ FOR ANNAPOLIS ROYAL. 



Legislative 
Records of the 
Council, 
xvii. (4), 437. 

Legislative 
Records of the 
Council, 
xvii. (4), 435. 
House Jour- 
nal, p. 46. 
Ante, p. 367, 
chap. 10. 



Voted that as an Encouragement to Soldiers to enlist them selves 
into His Majestys service at Annapolis, there be and hereby is granted 
to be paid out of the publick Treasury to each able bodied Soldier 
who shall enlist as aforesaid to the number of sixty, exclusive of 
Officers, the sura of Five Pounds, old Tenor, and the further sura 
of Twenty Pounds Old Tenor (or Bills equivalent) on their being 
mustered in the Town of Boston, or such other place as His Excel- 
lency shall appoint, and that tliey be subsisted at the charge of the 
Province for three months; and that John Jeffries, William Foye, 
Andrew Oliver Esq" M' Prout and M"" A¥heelwright be a Committee 
to provide Vessels to transport the said soldiers, and the two Com- 
panies before ordered to be raised, for Annapolis. \^Passed June 22. 



[1st Sess.] Province Laws (Hesolves, etc.). — 1744-45. 375 



CHAPTER 30. 

ORDER ACCEPTING THE REPORT OF THE COMMITTEE ON DEFENCE OF 
THE PROVINCE AND DIRECTING THE PURCHASE OF WHALEBOATS. 

The Committee appointed to take into consideration that part ^^^'^'?**^f,v, 

J? TT- -Ti Ti 1 • 1 T-i I. r. 1 T-. • Records of the 

01 His -fciXcellencys speech reuitmg to the Deience oi the rrovmce, Council, 

beg leave further to report, That twenty five good sufficient Whale ^^"" '*^' *^^' 

Boats be purchased for the service of the Province to be ready for Refordfof the 

any emergency in the Eastern Rivers, Islands and Sea Coast. And Council, 

the Committee pray leave to sit again to consider what is further Tnte,p.'-iio,' 

needful to be done for the service aforesaid. ^^^'^- ^^' 

In the Name and by Order of the Committee. 

Jer: Moulton. 

Read and 

Ordered that this Report be so far accepted as that fifteen new 
sufficient Whale boats be purchased for the service of the Province, 
as above mentioned.' [Passed June 22, 



CHAPTER 31. 

VOTE DIRECTING THE TREASURER TO TAKE SECURITY WHEN PAY- 
ING THE BOUNTY MONEY FOR ANNAPOLIS SOLDIERS. 

Inasmuch as this [Court] "^ for an encouragement to One Hun- Legislative 
dred and Eighty Soldiers to enlist in His Majestys service for the ^ounctf ^'^ **^^ 
defence of Annapolis Royal, have granted a Bounty of Twenty five xvii. (4)', 439. 
Pounds old Tenor to each able bodied Soldier, viz*^ Five Pounds Legislative 
thereof to be paid upon his enlisting, and the remainder upon his councif,*' * * 
appearing to muster according to said Grant : h^ u'se^Jou?' 

Voted that the Treasurer be directed upon payment of said money nai, p.48. _ 
or any part thereof to the several Captains, who are or may be ap- ^haplio.^*''' 
pointed for said service, to take good and sufficient security of them Ig'^^*""' *^^^p- 
for the due application thereof to the use & purpose of said Grant, 
or in case the full number of men should not appear to enlist or 
muster as aforesaid, then to return so much of said money as shall 
remain unapplied for said purposes. [Passed June 23. 



CHAPTER 32. 

VOTE DIRECTING THE COMMITTEE APPOINTED FOR THE PURPOSE, TO Legislative 

PURCHASE OR HIRE A VESSEL TO GUARD THE FISHERY. Records of the 

Council, 
xvii. (4), 440. 

Voted that the Committee appointed to jDrovide a Vessel to guard Legislative 
the Fishery be directed either to purchase or hire a vessel for that Records of the 
service as they shall Judge most for the benefit and advantage of xvii. (4)', 407. 
the Province. [Passed June 23. na°i"pp:2M7. 

> Not found in the House Journal. 

2 Inserted from the House Journal, p. 48. 



376 



Province Laws {Resolves, etc. ) . — 1 744-45 . [Chaps. 33-36 . ] 



CHAPTER 33. 



Legislative 
Records of the 
Council, 
xvii. (4), 442. 

Legislative 
Records of the 
Council, 
xvii. (4), 81, 
163. House 
Journal, p. 46. 
Ante, p. 315, 
Chap. 194. 



VOTE ALLOWING £50 FOR COMPLETING THE REPAIRS ON THE WORKS 
AT ST GEORGES RIVER. 

Voted that the sum of Fifty Pounds be allowed out of the pub- 
lick Treasury to the Commanding Officer of the Truck House on 
S* Georges Eiver, to compleat the Repairs necessary on the Block 
House there, pursuant to such Orders as he shall receive from the 
Captain General; the said Officer to be accountable for said sum. 
\^Pas8ed June 23. 



CHAPTER 34. 



ORDER TRANSFERRING THE APPROPRIATION OF £666. 13. 4 FOR THE 
TOWN OF BOSTON. 



Legislative 
Records of the 
Council, 
xvii. (4), 443. 

House Jour- 
nal, p. 47. 
Ante, p. 309, 
chap. 178. 



A Memorial of the Select men of the Town of Boston, praying 
(for reasons particularly mentioned therein) that the sum of Six 
Hundred and sixty six Pounds, thirteen shillings and four pence, 
(granted by this Court at their last Session to the said Town, for 
building a Battery at the Soutli end of said Town) may be laid out 
in finishing the Battery which they have erected at the North End 
of the Town, and for Cannon &<^ 

Read and 

Ordered that the prayer of the Petition be granted, and that the 
sum be applied for purchasing Cannon and other Warlike stores for 
use of the North Battery, the former Vote mentioned notwithstand- 
ing. \^Passed June 23. 



CHAPTER 35. 



ORDER ABOUT SIGNING THE BILLS OF CREDIT. 



Legislative 
Records of the 
Council, 
xvii. (4), 444. 

House Jour- 
nal, p. 49. 
Province 
Laws, iii., 148, 
chap. 5. Ante, 
p. 374, chap. 28. 



Whereas it is very necessary that the Bills of Credit ordered 
this Session to be imprinted and issued out for the payment of the 
publick Debts, be done with all possible dispatch : therefore 

Ordered that the said Bills be signed but by four of the Com- 
mittee appointed for that purpose, and they are desired to be as 
speedy in prosecuting the same as may be. [^Passed Ju7ie 25. 



CHAPTER 36 



ORDER OF NOTICE ON THE PETITION OF JOHN BARKER AND OTHERS 
OF ANDOVER TO BE SET OFF TO BOXFORD. 



R^cord**of th ^ PETITION of Johii Barker and others Inhabitants of the East- 

Councii, erly part of the First Precinct in Andover, shewing their difficulties 

xvii. (4), 448. ^^ attending the publick Worship there, by reason of their distance 

nai^pis?*!"'^' from the Meeting house; and therefore Praying that they with their 



[1st Sess.] Province Laws (^Resolves, etc.). — 1744-45. 377 

Families within the Bounds particularly described, be set off to the 
Second Parish in the Town of Boxford. 

Read and 

Ordered that the Petitioners serve the First Parish in Andover 
with a Copy of this Petition, that they shew cause if any they have 
on the first Tuesday of the next Fall Session why the prayer thereof 
should not be granted.' \^Passed June 27. 



CHAPTER 37. 

VOTE DIRECTING THE MANAGER OF THE TRUCK TRADE TO PROVISION Legislative 

THE GUARD VESSEL FOR THE FISHERY. Records of the 

Council, 
xvii. (4), 449. 

Voted that the Officer for managing the Truck Trade be directed Legislative 
to procure suitable provisions for the Brigantine Boston Packet, Records of the 
lately taken up by the Province, for a Guard to the Fishery, and xvii. (4)', 445. 
provide other things needful for her with all possible dispach. ^^^^p*; 51!"" 
\ Passed June 27. <"'«. p- s's, 

L chap. 32. 



CHAPTER 38. 

ORDER ALLOWING THE ADMINISTRATORS FURTHER TIME TO EXAMINE 
CLAIMS ON THE ESTATE OF NATH^ GERRISH. 

A Petition of John Barret and Benjamin Gerrish Administ" of Legislative 
the estate of Nathaniel Gerrish late of Boston dec*^ Shewing that councif,*^ 
they having represented the said Estate Insolvent, the Judge of x^"- W.^so- 
Probate for the County of Suffolk appointed Commissioners to ex- nai'^!f ^"'"' 
amine the claims of the Creditors, which they have neglected to 
do, till the whole term allowed by law for that service, is expired; 
and therefore praying that the said Judge may be impowered to give 
further time for examining said claims. 

Read and 

Ordered that the Prayer of the Petition be granted, and that the 
Judge of Probate for the County of Suffolk be and hereby is impow- 
ered and directed to appoint the same or other Commissioners to 
examine the claims of the Creditors of the Estate of Nathaniel Ger- 
rish deceased, within mentioned, and to allow three or six months 
to give in their Report, that so the Deceaseds Estate may be pro- 
portioned among the Creditors without delay. \^Passed June 29. 



CHAPTER 39. 

VOTE APPOINTING COMMISSIONERS TO THE EASTW» INDIANS. 

In the House of Represent^^'; SrdSthe 

Voted that the Commissioners appointed to repair to Albany to council, 
treat with the Six Nations of Indians A*^ be desired (so many of -^^"- (^).45i. 
them as can attend it) to accompany the Delegates of those Nations Kefordfof the 

> At the hearing October 17, 1744, House Journal, p. 91, this petition was dismissed. 



378 



Province Laws {Resolves, etc.). — 1744-45. [Chaps. 40-42.] 



Council, 
xvii. (4), 449, 
451. House 
Journal, p. 54. 
Ante, p. 365, 
chap. 3. 



in the Province Sloop to the Eastward, at the proposed interview 
with the Indian Tribes there. 

In Council; Eead and Concur'd, and Samuel Waldo and Samuel 
Watts Esq''^ are joined in the aifair. 

In the House of Eepresenf^'; Read and Concur'd. \_Passed 
June SO. 



Legislative 
Records of the 
Council, 
xvii. (4), 451. 

Legislative 
Records of the 
Council, 
xvii. (4), 391. 
House Jour- 
nal, p. 54. 



CHAPTER 40. 

ORDER FOR THE SUBSISTENCE OF Y^ SOLDIERS. 

Ordered that the subsistence of so many of the Five hundred men 
first raised for the defence of the Frontiers, as are actually employed 
in defending the Frontiers, be continued for one month longer than 
at first was Ordered by this Court, and no more.' \Pa8sed June 30. 



CHAPTER 41. 



VOTE FOR A NEW PRECINCT IN LIECESTER. 



Legislative 
Records of the 
Council, 
xvii. (4), 457. 

House Jour. 
nal,pp.22,40. 
Province 
Laws, iii., 665, 
note. 



A Petition of John Ormes in behalf of the Proprietors of the 
Westerly part of the Town of Leicester, praying they may be 
erected into a separate Precinct, and the Inhabitants enjoy the 
Privileges of Inhabitants of other Precincts. 

Read and 

Voted that the Inhabitants and Estates in the Westerly half of the 
Town of Leicester bounding Easterly on the Settlers Part, so called, 
to the ancient Divisional Line formerly established between the Pro- 
prietors and Settlers Northerly, and Southerly on the North and 
South Bounds of said Town, and West on Brookfield East Bounds, 
be and hereby are erected into a separate and distinct Parish or Pre- 
cinct and invested with all the privileges and powers which other 
Parishes do by law enjoy. \^Passed Jiily 18. 



CHAPTER 42. 



ORDER appointing A COMMITTEE ON THE REPORT ABOUT THE PIG- 

WACKET INDIANS. 



Legislative 
Records of the 
Council, 
xvii. (4), 459. 



Archives, 
xxxi., 494, 495. 
Legislative 
Records of the 
Council, 
xvii. (4), 455, 
4.i8 his. House 
Journal, 
p. 59 bis. 



The Committee appointed to consider that part of His Excel- 
lencys Speech which relates to the Pigwacket Indians, having at- 
tended the service, find upon inquiry that there is a convenient 
place in the Town of Weymouth, near several good fishing ponds 
and not far distant from the Sea, which they apprehend may be 
agreable to the Indians to sit down at: and they are therefore of 
Opinion that a Committee be appointed by this Court for the plac- 
ing said Indians in said town of Weymouth until further order; 
unless it shall appear to said Committee that any very notable diffi- 
culty arise by placing said Indians there; and in such case that 
the Committee be impowered to provide some other convenient place 

» Adjourned to July 18. See Legislative Records of the Council, xvii. (4), 452. 



[1st Sess,] Province Laws {Resolves, etc.). — 1744-45. 379 

within this Province for said Indians to remain at, till the next Sit- 
ting of this Conrt; and that the Committee be likewise directed and 
impowered to agree with a suitable person to take the inspection and 
care of the said Indians, and to instruct them and their children in 
reading and writing the English language and in the Principles of 
the Protestant Religion, & that said Committee be likewise impow- 
ered to make prudent and necessary provision for the support of 
said Indians, in case it shall be found that they are not able wholly 
to subsist themselves. 

By order of the Committee Jos: Wilder. 

In the House of Represent"''^ ; Read and 

Ordered that this Report be accepted, and that M"" Hutchinson, 
Coll. Cotton and Major Cushing, with such as the Hon^'^ Board 
shall appoint, be a Committee for the purposes within mentioned. 

In Council; Read and Concur'd, and John Cushing and John 
Quincy Esq" are joined in the affair. \^Passed July 20. 



CHAPTEK 43. K'dfo7the 

Council, 
xvii. (4), 461. 



VOTE RELAT« TO THE SUBSISTENCE OF Y» SOLDIERS. 

Mass. 
Archives, liii., 

Voted that the Subsistence of Two Hundred of the Five Hundred lys- Legisia- 

• tilV6 RGC'OrClS 

Men first raised for the Defence of the Frontiers be continued till of the council, 
the Twenty Ninth of August next and no longer. [^Passed July 20. ^q]\^W^^}' 

House Jour- 
nal, p. 59. 



CHAPTEK 44. 

ORDER IMPOWERING THO« PEGAN, INDIAN, TO SELL LAND. 

A Petition of Thomas Pegan of Natick, Indian, praying for Legislative 
liberty from this Court to sell Ten acres of Land which lies incon- councif ^'^ *^^ 
venient for his improvement, and with the Produce thereof to pur- xvii. (4)', 46i. 
chase Five Acres that is more commodiously situated and with the House Jour- 
Remainder to purchase necessaries of life. na,p. 

In the House of Representatives ; Read, and in answer thereto ; 

Ordered that the Petitioner have liberty (with the advice and 
assistance of Major Jones, with such as the Hon^'^ Board shall 
join) to sell the said Ten acres of Land for the purposes herein 
mentioned ; they to be accountable for the Produce thereof. 

In Council; Read and Concur'd, and Major Isaac Coolidge is 
joined in the affair. \^Passed July 20. 



CHAPTER 45. 

VOTE IMPOWERING JOHN WHEELWRIGHT ESQ'' TO MAKE PROVISION 
FOR SUBSISTING SOLDIERS. 

Voted that John Wheelwright Esq"" be directed and impowered Rlforls^Jf j^ 
to make provision for the subsistence of the Soldiers in the pay Council, 
and service of the Province, either by agreeing with Persons to ^^"' (^^'•^^"■^- . 



380 



Province Laws {Resolves, etc.). — 1744-45. [Chaps. 46-48.] 



Mi^p^eo!"'^ billet them at certain rates, or by furnishing provisions for them 
Ante, p. 367,_ himself as he shall find that one or the other of those methods 
chap! 24; p. 374, will be least expensive to the Province; and that he report his 
chap!^' ^■^''^' doing therein to this Court at their next Sitting. [^Passed July 20. 



CHAPTER 46. 



ORDER GRANTING A LICENCE TO JOHN HALL TO RETAIL STRONG 

DRINK. 



Legislative 
Records of the 
Council, 
xvii. (4), 462. 

House Jour- 
nal, p. 60. 
Province 
Laws, iii., 18, 
chap. 6. 



A Petition of John Hall the Third, of Medford, Distiller, shew- 
ing that purposing to sell by whole Sale only, he neglected to take 
out his Licence at the proper time, for retailing strong Drink, but 
he now finds it necessary for the procuring of wood and other things, 
to carry on the retailing business ; therefore praying that the Justices 
of the County of Middlesex may be impowered at their next Session 
to grant him a Licence to retail. 

Eead and in answer hereto 

Ordered that the Justices of the General Sessions of the Peace for 
the County of Middlesex have liberty and power at their next Ses- 
sion to grant the Petitioner a Licence to retail strong Drink, if they 
see cause (the Petitioner first obtaining the approbation of the Select 
men of Medford) the time for granting Licences being elapsed not- 
withstanding. [Passed July 20. 



Legislative 
Records of the 
Council, 
xvii. (4), 463. 

House Jour- 
nal, pp. 47, 58. 



CHAPTER 47. 

ORDER ACCEPTING THE ACCOMPT OF THE MIDDLESEX CO. TREAS». 

An Accompt presented by Daniel Kussel Esq"" Treasurer of the 
County of Middlesex for the year 1743, having been laid before 
the Court of General Sessions of the Peace for said County and 
by them allowed. 

Read and 

Ordered that the within Accompt be allowed, and that the Bal- 
lance, being Nine Pounds eighteen shillings and two pence half 
peny, the said Treasurer is further accountable to said County for. ' 
[Passed July 20. 



CHAPTER 48. 



Legislative 
Records of the 
Council, 
xvii. (4), 463. 

House Jour- 
nal, p. 59. 
Ante, p. 374, 
Chap. 28. 



VOTE FOR MAKING £2,000 IN SMALL BILLS. 

Voted that the Committee appointed to sign the Bills of Credit 
on the Province, be directed to strike off and sign Two Thousand 
Pounds in Bills of the lowest Plate. [Passed July 20.^ 

» Adjourned to August 9. See Legislative Records of the Council, xvii. (4), 465. 



[1st Sess.] Province Laws {Resolves, etc.). — 1744—45. 381 



CHAPTER 49. 

VOTE DETERMINING THE SOUTHERLY BOUNDS OF THE EAST PRE- 
CINCT IN MENDON AND REFERRING THE QUESTION OF TAXATION. 

A Petition of the Inhabitants of the Easterly Precinct in Men- Legislative 
don set off in the Year 1741, shewing the Difficulties they meet with counclf °**^^ 
by reason of the Uncertainty of their Bounds as described by the xtji. (4) ' , 470. 
Order of the Court; and praying that their Bounds may be more Province 
plainly described, and that they may be impowered to lay a Tax on note^^'House * 
the unimproved Lands belonging to Non Eesidents, for the charge es^'^Snie^^^'^*' 
of building a Meeting House and settling and supporting a Minister p- 68, chap. 127. 
in the said Precinct. 

Read & forasmuch as in the Vote of the General Court consti- 
tuting them a Precinct, the Southerly Bounds thereof were not 
described : Therefore 

Voted that the Southerly Bounds of said Precinct be the Country 
Road from Bellingham Line, to Sheffield s Mill to the Eight Rod 
Road (so called) which is agreable to the Vote of the Town of 
Mendon, pass'd September 22. 1741 : 

Also 

Voted that the Petitioners serve the Proprietors of the unim- 
proved Lands lying in said Precinct with a Copy of this Petition, 
by leaving an Attested Copy thereof, with the Proprietors Clerk, 
that they may shew cause, if any they have, on the first Wednes- 
day of the next sitting of this Court, why their Lands should not 
be taxed, agreable to the prayer of the within Petition. \^Passed 
August 10. 



CHAPTER 50. 

ORDER IMPOWERING RELIEF GILL, EXECUTRIX, TO SELL REAL ESTATE 
AND EXECUTE DEEDS THEREFOR. 

A Petition of Relief Gill of Charlestown, "Widow of Michael R^ford^^f th 
Gill Esq"" dec'^ and one of the Executors of his last Will and Tes- councif," 
tament (Daniel Russel Esq"" being the other Executor) shewing that xvii.(4).473. 
her said Husband left her, for her support during life and widow- naTp*' m^^' 
hood and the maintaining of his children (among other Estate) the Province 
Improvement and Rent of a Wharf in the said Town of Charles- ^ifap^io.'' ^^^' 
town, with the buildings thereon, as particularly described in said 
Will; that the said Wharf and Buildings are extreamly damaged 
by the high Tides, and she is not able to repair them; therefore 
Praying (with the consent of the Heirs signified thereon) to be im- 
powered to sell the said Wharf and buildings, the interest of the 
money arising from the said sale to be for her support during her 
Life and Widowhood, the Remainder to be for the Heirs of her said 
Husband. 

Read and 

Ordered that the prayer of the Petition be granted, and that the 
Petitioner be and hereby is impowered (with the advice of Daniel 
Russel Esq'') to sell the Wharf and Buildings within mentioned, & 
to execute in due form of law, a good Deed or Deeds for the con- 
veyance thereof to such person or persons as shall bid most for the 



382 



Province Laws {Resolves, etc.) . — 1744-45. [Chaps. 51, 52.] 



same; She observing the law iu that case provided; and that the 
interest of the Produce thereof be disposed of for the comfortable 
support of the Petitioner & Family: Provided she give sufficient 
security to the Judge of Probate for the County of Middlesex, that 
the principal sum shall revert to the right Heirs of the Testator at 
her Death or Marriage, agreable to his last Will. And it is further 

Ordered that the Petitioner upon her letting out the said Princi- 
pal sum, ascertain and fix the same, tha